1] Apprentices Act, 1961

PREAMBLE [52 OF 1961]

An Act to provide for the regulation and control of training apprentices and for matters
connected therewith. ! it enacted "# $arliament in the %welfth &ear of the 'epu"lic of
(ndia as follows )*
1. SHORT TITLE, EXTENT, COMMENCEMENT AND APPLICATION. +1, %his Act
ma# "e called the Apprentices Act- 1961.
+2, (t e.tends to the whole of (ndia.
!. RESER"ATION O# TRAININ$ PLACES #OR THE SCHED%LED CASTES AND
THE SCHED%LED TRIBES IN DESI$NATED TRADES. +1, (n ever# designated
trade- training places shall "e reserved "# the emplo#er for the /cheduled 0astes and
the /cheduled %ri"es and where there is more than one designated trade in an
esta"lishment- such training places shall "e reserved also on the "asis of the total
num"er of apprentices in all the designated trades in such esta"lishment.
+2, %he num"er of training places to "e reserved for the /cheduled 0astes and the
/cheduled %ri"es under su"*section +1, shall "e such as ma# "e prescri"ed- having
regard to the population of the /cheduled 0astes and the /cheduled %ri"es in the /tate
concerned.
!.planation ) (n this section- the e.pressions 1/cheduled 0astes1 and 1/cheduled
%ri"es1 shall have the meanings as in clauses +22, and +25, of article 366 of the
0onstitution.
&. CONTRACT O# APPRENTICESHIP. +1, 4o person shall "e engaged as an
apprentice to undergo apprenticeship training in a designated trade unless such person
or- if he is a minor- his guardian has entered into a contract of apprenticeship with the
emplo#er.
+2, %he apprenticeship training shall "e deemed to have commenced on the date on
which the contract of apprenticeship has "een entered into under su"*section +1,.
+3, !ver# contract of apprenticeship ma# contain such terms and conditions as ma# "e
agreed to "# the parties to the contract )
$rovided that no such term or condition shall "e inconsistent with an# provision of this
Act or an# rule made thereunder.
+2, !ver# contract of apprenticeship entered into under su"*section +1, shall "e sent "#
the emplo#er within such period as ma# "e prescri"ed to the Apprenticeship Adviser for
registration.
+5, %he Apprenticeship Adviser shall not register a contract of apprenticeship unless he
is satisfied that the person descri"ed as an apprentice in the contract is 5ualified under
this Act for "eing engaged as an apprentice to undergo apprenticeship training in the
designated trade specified in the contract.
+6, 6here the 0entral 7overnment- after consulting the 0entral Apprenticeship 0ouncil-
ma8es an# rule var#ing the terms and conditions of apprenticeship training of an#
categor# of apprentices undergoing such training- then- the terms and conditions of
ever# contract of apprenticeship relating to that categor# of apprentices and su"sisting
immediatel# "efore the ma8ing of such rule shall "e deemed to have "een modified
accordingl#
'. TERMINATION O# APPRENTICESHIP CONTRACT. +1, %he contract of
apprenticeship shall terminate on the e.pir# of the period of apprenticeship training.
+2, !ither part# to a contract of apprenticeship ma# ma8e an application to the
Apprenticeship Adviser for the termination of the contract- and when such application is
made- shall send "# post a cop# thereof to the other part# to the contract.
+3, After considering the contents of the application and the o"9ections- if an#- filed "#
the other part#- the Apprenticeship Adviser ma#- "# order in writing- terminate the
contract if he is satisfied that the parties to the contract or an# of them have or has
failed to carr# out the terms and conditions of the contract and that it is desira"le in the
interests of the parties or an# of them to terminate the same )
$rovided that where a contract is terminated * +a, for failure on the part of the emplo#er
to carr# out the terms and conditions of the contract- the emplo#er shall pa# to the
apprentice such compensation as ma# "e prescri"ed:
+", for such failure on the part of the apprentice- the apprentice or his guardian shall
refund to the emplo#er as cost of training such amount as ma# "e determined "# the
Apprenticeship Adviser.
+2, 4otwithstanding an#thing contained in an# other provision of this Act- where a
contract of apprenticeship has "een terminated "# the Apprenticeship Adviser "efore
the e.pir# of the period of apprenticeship training and a new contract of apprenticeship
is "eing entered into with a new emplo#er- the Apprenticeship Adviser ma#- if he is
satisfied that the contract of apprenticeship with the previous emplo#er could not "e
completed "ecause of an# lapse on the part of the previous emplo#er- permit the period
of apprenticeship training alread# undergone "# the apprentice with his previous
emplo#er to "e included in the period of apprenticeship training to "e underta8en with
the new emplo#er.
(. N%MBER O# APPRENTICES #OR A DESI$NATED TRADE. +1, %he 0entral
7overnment shall- after consulting the 0entral Apprenticeship 0ouncil- "# order notified
in the Official 7a;ette- determine for each designated trade the ratio of trade
apprentices to wor8ers other than uns8illed wor8ers in that trade )
$rovided that nothing contained in this su"*section shall "e deemed to prevent an#
emplo#er from engaging a num"er of trade apprentices in e.cess of the ratio
determined under this su"*section.
+2, (n determining the ratio under su"*section +1,- the 0entral 7overnment shall have
regard to the facilities availa"le for apprenticeship training under this Act in the
designated trade concerned as well as to the facilities that ma# have to "e made
availa"le "# an emplo#er for the training of graduate or technician apprentices-
technician +vocational, apprentices- if an#- in pursuance of an# notice issued to him
under su"*section +3A, "# the 0entral Apprenticeship Adviser or such other person as is
referred to in that su"*section.
+3, %he Apprenticeship Adviser ma#- "# notice in writing- re5uire an emplo#er to engage
such num"er of trade apprentices within the ratio determined "# the 0entral
7overnment for an# designated trade in his esta"lishment- to undergo apprenticeship
training in that trade and the emplo#er shall compl# with such re5uisition )
$rovided that in ma8ing an# re5uisition under this su"*section- the Apprenticeship
Adviser shall have regard to the facilities actuall# availa"le in the esta"lishment
concerned )
$rovided further that the Apprenticeship Adviser ma#- on a representation made to him
"# an emplo#er and 8eeping in view the more realistic emplo#ment potential- training
facilities and other relevant factors- permit him to engage such num"er of apprentices
for a designated trade as is lesser than the num"er arrived at "# the ratio for that trade-
not "eing lesser than twent# per cent of the num"er so arrived at- su"9ect to the
condition that the emplo#er shall engage apprentices in other*trades in e.cess in
num"er e5uivalent to such shortfall.
+3A, %he 0entral Apprenticeship Adviser or an# other person not "elow the ran8 of an
Assistant Apprenticeship Adviser authorised "# the 0entral Apprenticeship Adviser in
writing in this "ehalf shall- having regard to * +i, the num"er of managerial persons
+including technical and supervisor# persons, emplo#ed in a designated trade:
+ii, the num"er of management trainees engaged in the esta"lishment:
+iii, the totalit# of the training facilities availa"le in a designated trade: and
+iv, such other factors as he ma# consider fit in the circumstances of the case- "# notice
in writing- re5uire an emplo#er to impart training to such num"er of graduate or
technician apprentices- technician +vocational, apprentices in such trade in his
esta"lishment as ma# "e specified in such notice and the emplo#er shall compl# with
such re5uisition.
!.planation ) (n this su"*section the e.pression 1management trainee1 means a person
who is engaged "# an emplo#er for undergoing a course of training in the esta"lishment
of the emplo#er +not "eing apprenticeship training under this Act, su"9ect to the
condition that on successful completion of such training- such person shall "e emplo#ed
"# the emplo#er on a regular "asis.
+2, /everal emplo#ers ma# 9oin together for the purpose of providing practical training to
the apprentices under them "# moving them "etween their respective esta"lishments.
+5, 6here- having regard to the pu"lic interest- a num"er of apprentices in e.cess of the
ratio determined "# the 0entral 7overnment or in e.cess of the num"er specified in a
notice issued under su"*section +3A, should in the opinion of the appropriate
7overnment "e trained- the appropriate 7overnment ma# re5uire emplo#ers to train the
additional num"er of apprentices.
+6, !ver# emplo#er to whom such re5uisition as aforesaid is made- shall compl# with
the re5uisition if the 7overnment concerned ma8es availa"le such additional facilities
and such additional financial assistance as are considered necessar# "# the
Apprenticeship Adviser for the training of the additional num"er of apprentices.
+<, An# emplo#er not satisfied with the decision of the Apprenticeship Adviser under
su"*section +6,- ma# ma8e a reference to the 0entral Apprenticeship 0ouncil and such
reference shall "e decided "# a 0ommittee thereof appointed "# that 0ouncil for the
purpose and the decision of that 0ommittee shall "e final.
9. PRACTICAL AND BASIC TRAININ$ O# APPRENTICES. +1, !ver# emplo#er shall
ma8e suita"le arrangements in his wor8shop for imparting a course of practical training
to ever# apprentice engaged "# him in accordance with the programme approved "# the
Apprenticeship Adviser.
+2, %he 0entral Apprenticeship adviser or an# other person not "elow the ran8 of an
Assistant Apprenticeship Adviser authorised "# the 0entral Apprenticeship Adviser in
writing in this "ehalf shall "e given all reasona"le facilities for access to each such
apprentice with a view to test his wor8 and to ensure that the practical training is "eing
imparted in accordance with the approved programme )
$rovided that the /tate Apprenticeship Adviser or an# other person not "elow the ran8
of an Assistant. Apprenticeship Adviser authorised "# the /tate Apprenticeship Adviser
in writing in this "ehalf shall also "e given such facilities in respect of apprentices
undergoing training in esta"lishments in relation to which the appropriate 7overnment is
the /tate 7overnment.
+3, /uch of the trade apprentices as have not undergone institutional training in a school
or other institution recognised "# the 4ational 0ouncil or an# other institution affiliated to
or recogni;ed "# a oard or /tate 0ouncil of %echnical !ducation or an# other authorit#
which the 0entral 7overnment ma#- "# notification in the Official 7a;ette- specif# in this
"ehalf- shall- "efore admission in the wor8shop for practical training- undergo a course
of "asic training.
+2, 6here an emplo#er emplo#s in his esta"lishment five hundred or more wor8ers- the
"asic training shall "e imparted to the trade apprentices either in separate parts of the
wor8shop "uilding or in a separate "uilding which shall "e set up "# the emplo#er
himself- "ut the appropriate 7overnment ma# grant loans to the emplo#er on eas#
terms and repa#a"le "# eas# installments to meet the cost of the land- construction and
e5uipment for such separate "uilding.
+2A, 4otwithstanding an#thing contained in su"*section +2,- if the num"er of apprentices
to "e trained at an# time in an# esta"lishment in which five hundred or more wor8ers
are emplo#ed- is less than twelve the emplo#er in relation to such esta"lishment ma#
depute all or an# of such apprentices to an# asic %raining 0enter or (ndustrial %raining
(nstitute for "asic training in an# designated trade- in either case- run "# the
7overnment.
+2, 6here an emplo#er deputes an# apprentice under su"*section +2A,- such
emplo#er shall pa# to the 7overnment the e.penses incurred "# the 7overnment on
such training- at such rate as ma# "e specified "# the 0entral 7overnment.
+5, 6here an emplo#er emplo#s in his esta"lishment less than five hundred wor8ers-
the "asic training shall "e imparted to the trade apprentices in training institutes set up
"# the 7overnment.
+6, (n an# such training institute- which shall "e located within the premises of the most
suita"le esta"lishment in the localit# or at an# other convenient place- the trade
apprentices engaged "# two or more emplo#ers ma# "e imparted "asic training.
+<, (n the case of an apprentice other than a graduate or technician apprentice-
technician +vocational, apprentice the s#lla"us of and the e5uipment to "e utilised for
practical training including "asic training shall "e such as ma# "e approved "# the
0entral 7overnment in consultation with the 0entral Apprenticeship 0ouncil.
+<A, (n the case of graduate or technician apprentices- technician +vocational,
apprentices the programme of apprenticeship training and the facilities re5uired for such
training in an# su"9ect field in engineering or technolog# or vocational course shall "e
such as ma# "e approved "# the 0entral 7overnment in consultation with the 0entral
Apprenticeship 0ouncil.
+=,+a, 'ecurring costs +including the cost of stipends, incurred "# an emplo#er in
connection with "asic training- imparted to trade apprentices other than those referred
to in clauses +a, and +aa, of section 6 shall "e "orne * +i, if such emplo#er emplo#s two
hundred and fift# wor8ers or more- "# the emplo#er: +ii, if such emplo#er emplo#s less
than two hundred and fift# wor8ers- "# the emplo#er and the 7overnment in e5ual
shares up to such limit as ma# "e laid down "# the 0entral 7overnment and "e#ond
that limit- "# the emplo#er alone: and
+", 'ecurring costs +including the cost of stipends,- if an#- incurred "# an emplo#er in
connection with practical training- including "asic training- imparted to trade apprentices
referred to in clauses +a, and +aa, of section 6 shall- in ever# case- "e "orne "# the
emplo#er.
+c, 'ecurring costs +e.cluding the cost of stipends, incurred "# an emplo#er in
connection with the practical training imparted to graduate or technician apprentices-
technician +vocational, apprentices shall "e "orne "# the emplo#er and the cost of
stipends shall "e "orne "# the 0entral 7overnment and the emplo#er in e5ual shares
up to such limit as ma# "e laid down "# the 0entral 7overnment and "e#ond that limit-
"# the emplo#er alone.
11. OBLI$ATIONS O# EMPLO)ERS. 6ithout pre9udice to the other provisions of this
act- ever# emplo#er shall have the following o"ligations in relation to an apprentice-
namel# )* +a, to provide the apprentice with the training in his trade in accordance with
the provisions of this Act- and the rules made there under:
+", if the emplo#er is not himself 5ualified in the trade- to ensure that a person who
possesses the prescri"ed 5ualifications is placed in charge of the training of the
apprentice:
+"", to provide ade5uate instructional staff- possessing such 5ualifications as ma# "e
prescri"ed- for imparting practical and theoretical training and facilities for trade test of
apprentices: and
+c, to carr# out his o"ligations under the contract of apprenticeship.
1*. OBLI$ATIONS O# APPRENTICES. +1, !ver# trade apprentice undergoing
apprenticeship training shall have the following o"ligations- namel# )* +a, to learn his
trade conscientiousl# and diligentl# and endeavor to 5ualif# himself as a s8illed
craftsman "efore the e.pir# of the period of training:
+", to attend practical and instructional classes regularl#:
+c, to carr# out all lawful orders of his emplo#er and superiors in the esta"lishment: and
+d, to carr# out his o"ligations under the contract of apprenticeship.
+2, !ver# graduate or technician apprentice- technician +vocational, apprentice
undergoing apprenticeship training shall have the following o"ligations- namel# )* +a, to
learn his su"9ect field in engineering or technolog# or vocational course conscientiousl#
and diligentl# at his place of training:
+", to attend the practical and instructional classes regularl#:
+c, to carr# out all lawful orders of his emplo#er and superiors in the esta"lishment:
+d, to carr# out his o"ligations under the contract of apprenticeship which shall include
the maintenance of such records of his wor8 as ma# "e prescri"ed.
1!. PA)MENT TO APPRENTICES. +1, %he emplo#er shall pa# to ever# apprentice
during the period of apprenticeship training such stipend at a rate not less than the
prescri"ed minimum rate- or the rate which was "eing paid "# the emplo#er on 1st
>anuar#- 19<? to the categor# of apprentices under which such apprentice falls-
whichever is higher- as ma# "e specified in the contract of apprenticeship and the
stipend so specified shall "e paid at such intervals and su"9ect to such conditions as
ma# "e prescri"ed.
+2, An apprentice shall not "e paid "# his emplo#er on the "asis of piece wor8 nor shall
he "e re5uired to ta8e part in an# output "onus or other incentive scheme.
1&. HEALTH, SA#ET) AND +EL#ARE O# APPRENTICES. 6here an# apprentices
are undergoing training in a factor#- the provisions of 0hapters (((- (@ and @ of the
Factories Act- 192= +63 of 192=,- shall appl# in relation to the health- safet# and welfare
of the apprentices as if the# were wor8ers within the meaning of that Act and when an#
apprentices are undergoing training in a mine- the provisions of 0hapter @ of the Aines
Act- 1952 +35 of 1952,- shall appl# in relation to the health and safet# of the apprentices
as if the# were persons emplo#ed in the mine. 1,. HO%RS O# +OR-, O"ERTIME,
LEA"E AND HOLIDA)S. * +1, %he wee8l# and dail# hours of wor8 of an apprentice
while undergoing practical training in a wor8shop shall "e such as ma# "e prescri"ed.
+2, 4o apprentice shall "e re5uired or allowed to wor8 overtime e.cept with the approval
of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied
that such overtime is in the interest of the training of the apprentice or in the pu"lic
interest.
+3, An apprentice shall "e entitled to such leave as ma# "e prescri"ed and to such
holida#s as are o"served in the esta"lishment in which he is undergoing training.
16. EMPLO)ER.S LIABILIT) #OR COMPENSATION #OR IN/%R). (f personal in9ur#
is caused to an apprentice- "# accident arising out of and in the course of his training as
an apprentice- his emplo#er shall "e lia"le to pa# compensation which shall "e
determined and paid- so far as ma# "e- in accordance with the provisions of the
6or8menBs 0ompensation Act- 1923 += of 1923,- su"9ect to the modifications specified
in the /chedule.
1'. COND%CT AND DISCIPLINE. (n all matters of conduct and discipline- the
apprentice shall "e governed "# the rules and regulations applica"le to emplo#ees of
the corresponding categor# in the esta"lishment in which the apprentice is undergoing
training.
1(. APPRENTICES ARE TRAINEES AND NOT +OR-ERS. /ave as otherwise
provided in this Act- * +a, ever# apprentice undergoing apprenticeship training in a
designated trade in an esta"lishment shall "e a trainee and not a wor8er: and
+", the provisions of an# law with respect to la"our shall not appl# to or in relation to
such apprentice.
*0. SETTLEMENT O# DISP%TES. +1, An# disagreement or dispute "etween an
emplo#er and an apprentice arising out of the contract of apprenticeship shall "e
referred to the Apprenticeship Adviser for decision.
+2, An# person aggrieved "# the decision of the Apprenticeship Adviser under su"*
section +1, ma#- within thirt# da#s from the date of communication to him of such
decision- prefer an appeal against the decision to the Apprenticeship 0ouncil and such
appeal shall "e heard and determined "# a 0ommittee of that 0ouncil appointed for the
purpose.
+3, %he decision of the 0ommittee under su"*section +2, and su"9ect onl# to such
decision- the decision of the Apprenticeship Adviser under su"*section +1, shall "e final.
**. O##ER AND ACCEPTANCE O# EMPLO)MENT. +1, (t shall not "e o"ligator# on
the part of the emplo#er to offer an# emplo#ment to an# apprentice who has completed
the period of his apprenticeship training in his esta"lishment- nor shall it "e o"ligator#
on the part of the apprentice to accept an emplo#ment under the emplo#er.
+2, 4otwithstanding an#thing in su"*section +1,- where there is a condition in a contract
of apprenticeship shall- after the successful completion of the apprenticeship training-
serve the emplo#er- the emplo#er shall- on such completion- "e "ound to offer suita"le
emplo#ment to the apprentice- and the apprentice shall "e "ound to serve the emplo#er
in that capacit# for such period and on such remuneration as ma# "e specified in the
contract )
$rovided that where such period or remuneration is not- in the opinion of the
Apprenticeship Adviser- reasona"le- he ma# revise such period or remuneration so as to
ma8e it reasona"le- and the period or remuneration so revised shall "e deemed to "e
the period or remuneration agreed to "etween the apprentice and the emplo#er.
*&. CONSTIT%TION O# CO%NCILS. +1, %he 0entral 7overnment shall- "# notification
in the Official 7a;ette- esta"lish the 0entral Apprenticeship 0ouncil and the /tate
7overnment shall- "# notification in the Official 7a;ette- esta"lish the /tate
Apprenticeship 0ouncil.
+2, %he 0entral Apprenticeship 0ouncil shall consist of a 0hairman and a @ice*
0hairman and such num"er of other mem"ers as the 0entral 7overnment ma# thin8
e.pedient- to "e appointed "# that 7overnment "# notification in the Official 7a;ette
from among the following categories of persons- namel# )* +a, representatives of
emplo#ers in esta"lishments in the pu"lic and private sectors-
+", representatives of the 0entral 7overnment and of the /tate 7overnments-
+c, persons having special 8nowledge and e.perience on matters relating to industr#-
la"our and technical education- and
+d, representatives of the All (ndia 0ouncil and of the 'egional oards.
+3, %he num"er of persons to "e appointed as mem"ers of the 0entral Apprenticeship
0ouncil from each of the categories specified in su"*section +2,- the term of office of- the
procedure to "e followed in the discharge of their functions "#- and the manner of filling
vacancies among- the mem"ers of the 0ouncil shall "e such as ma# "e prescri"ed.
+2, %he /tate Apprenticeship 0ouncil shall consist of a 0hairman and a @ice*0hairman
and such num"er of other mem"ers as the /tate 7overnment ma# thin8 e.pedient- to
"e appointed "# that 7overnment "# notification in the Official 7a;ette from among the
following categories of persons- namel# )* +a, representatives of emplo#ers in
esta"lishments in the pu"lic and private sectors-
+", representatives of the 0entral 7overnment and of the /tate 7overnment-
+c, persons having special 8nowledge and e.perience of matters relating to +/u"stituted
for the words 1industr# and la"our1 "# the Apprentices +Amendment, Act- 19<3, industr#-
la"our and technical education- and
+d, representatives of the oard or of the /tate 0ouncil of %echnical !ducation.
+5, %he num"er of persons to "e appointed as mem"ers of the /tate Apprenticeship
0ouncil from each of the categories specified in su"*section +2,- the term of office of- the
procedure to "e followed in the discharge of their functions "#- and the manner of filling
vacancies among- the mem"ers of the 0ouncil shall "e such as the /tate 7overnment
ma#- "# notification in the Official 7a;ette- determine.
+6, %he fees and allowances- if an#- to "e paid to the 0hairman and the @ice*0hairman
and the other mem"ers of the 0entral Apprenticeship 0ouncil- shall "e such as ma# "e
determined "# the 0entral 7overnment and the fees and allowances- if an#- to "e paid
to the 0hairman and the @ice*0hairman and the other mem"ers of the /tate
Apprenticeship 0ouncil shall "e such as ma# "e determined "# the /tate 7overnment.
*6. APPRENTICESHIP AD"ISERS. +1, %he 0entral 7overnment shall- "# notification
in the Official 7a;ette- appoint a suita"le person as the 0entral Apprenticeship Adviser.
+2, %he /tate 7overnment shall- "# notification in the Official 7a;ette- appoint a suita"le
person as the /tate Apprenticeship Adviser.
+3, %he 0entral Apprenticeship Adviser shall "e the /ecretar# to the 0entral
Apprenticeship 0ouncil and the /tate Apprenticeship Adviser shall "e the /ecretar# to
the /tate Apprenticeship 0ouncil.
*9. PO+ERS O# ENTR), INSPECTION, ETC. +1, /u"9ect to an# rules made in
this "ehalf- the 0entral Apprenticeship Adviser or such other person- not "elow the
ran8 of an Assistant Apprenticeship Adviser- as ma# "e authorised "# the 0entral
Apprenticeship Adviser in writing in this "ehalf ma# * +a, with such assistants- if an#-
as he thin8s fit- enter- inspect and e.amine an# esta"lishment or part thereof at an#
reasona"le time:
+", e.amine an# apprentice emplo#ed therein or re5uire the production of an#
register- record or other documents maintained in pursuance of this Act and ta8e on
the spot or otherwise statements of an# person which he ma# consider necessar#
for carr#ing out the purposes of this Act:
+c, ma8e such e.amination and in5uir# as he thin8s fit in order to ascertain whether
the provisions of this Act and the rules made there under are "eing o"served in the
esta"lishment:
+d, e.ercise such other powers as ma# "e prescri"ed )
$rovided that a /tate Apprenticeship Adviser or such other person- not "elow the
ran8 of an Assistant Apprenticeship Adviser- as ma# "e authorised "# the /tate
Apprenticeship Adviser in writing in this "ehalf ma# also e.ercise an# of the powers
specified in clause +a,- +",- +c, or +d, of this su"*section in relation to esta"lishments
for which the appropriate 7overnment is the /tate 7overnment.
+2, 4otwithstanding an#thing in su"*section +1,- no person shall "e compelled under
this section to answer an# 5uestion or ma8e an# statement which ma# tend directl#
or indirectl# to incriminate him.
!0. O##ENCES AND PENALTIES. +1, (f an# emplo#er * +a, engages as an
apprentice a person who is not 5ualified for "eing so engaged- or
+", fails to carr# out the terms and conditions of a contract of apprenticeship- or
+c, contravenes the provisions of this Act relating to the num"er of apprentices which he
is re5uired to engage under those provisions- he shall "e punisha"le with imprisonment
for a term which ma# e.tend to si. months or with fine or with "oth.
+2, (f an# emplo#er or an# other person * +a, re5uired to furnish an# information or return
* +i, refuses or neglects to furnish such information or return- or
+ii, furnishes or causes to "e furnished an# information or return which is false and
which he either 8nows or "elieves to "e false or does not "elieve to "e true- or
+iii, refuses to answer- or gives a false answer to an# 5uestion necessar# for o"taining
an# information re5uired to "e furnished "# him- or
+", refuses or willfull# neglects to afford the 0entral or the /tate Apprenticeship Adviser
or such other person- not "elow the ran8 of an Assistant Apprenticeship Adviser- as ma#
"e authorised "# the 0entral or the /tate Apprenticeship Adviser in writing in this "ehalf
an# reasona"le facilit# for ma8ing an# entr#- inspection- e.amination or in5uir#
authorised "# or under this Act- or
+c, re5uires an apprentice to wor8 overtime without the approval of the Apprenticeship
Adviser- or
+d, emplo#s an apprentice on an# wor8 which is not connected with his training- or
+e, ma8es pa#ment to an apprentice on the "asis of piecewor8- or
+f, re5uires an apprentice to ta8e part in an# output "onus or incentive scheme- he shall
"e punisha"le with imprisonment for a term which ma# e.tend to si. months or with fine
or with "oth.
*] #1ct2ries Act, 19&(
FA0%O'(!/ A0%- 192=.
$'!AAC!
[63 OF 192=]
An Act to consolidate and amend the law regulating la"our in factories.
6D!'!A/ it is e.pedient to consolidate and amend the law regulating la"our in
factories: (t is here"# enacted as follows )*
1. SHORT TITLE, EXTENT AND COMMENCEMENT. +1, %his Act ma# "e called the
Factories Act- 192=.
+2, (t e.tends to the whole of (ndia.
+3, (t shall come into force on the 1st da# of April- 1929.
*. INTERPRETATION. +", 1adolescent1 means a person who has completed his fifteen
#ear of age "ut has not completed his eighteenth #ear:
+c, 1child1 means a person who has not completed his fifteenth #ear of age:
+d, 1#oung person1 means a person who is either a child or an adolescent:
+8, 1manufacturing process1 means an# process for * +i, ma8ing- altering- repairing-
ornamenting- finishing- pac8ing- oiling- washing- cleaning- "rea8ing up- demolishing- or
otherwise treating or adapting an# article or su"stance with a view to its use- sale-
transport- deliver# or disposal- or
+ii, pumping oil- water- sewage or an# other su"stance: or:
+iii, generating- transforming or transmitting power: or
+iv, composing t#pes for printing- printing "# letter press- lithograph#- photogravure or
other similar process or "oo8 "inding: lra*6 ] [ lra*< or lra*< ]
+v, constructing- reconstructing- repairing- refitting- finishing or "rea8ing up ships or
vessels: +(nserted "# the Factories +Amendment, Act- 19<6- w.e.f. 26*1?*19<6.,
+vi, preserving or storing an# article in cold storage: +l, 1wor8er1 means a person
emplo#ed- directl# or "# or through an# agenc# +including a contractor, with or without
the 8nowledge of the principal emplo#er- whether for remuneration or not- in an#
manufacturing process- or in cleaning an# part of the machiner# or premises used for a
manufacturing process- or in an# other 8ind of wor8 incidental to- or connected with- the
manufacturing process- or the su"9ect of the manufacturing process "ut does not
include an# mem"er of the armed forces of the union:
+m, 1factor#1 means an# premises including the precincts thereof * +i, whereon ten or
more wor8ers are wor8ing- or were wor8ing on an# da# of the preceding twelve months-
and in an# part of which a manufacturing process is "eing carried on with the aid of
power- or is ordinaril# so carried on- or
+ii, whereon twent# or more wor8ers are wor8ing- or were wor8ing on an# da# of the
preceding twelve months- and in an# part of which a manufacturing process is "eing
carried on without the aid of power- or is ordinaril# so carried on- "ut does not include a
mine su"9ect to the operation of the Aines Act- 1952 +35 of 1952,- or a mo"ile unit
"elonging to the armed forces of the union- a railwa# running shed or a hotel- restaurant
or eating place:
!.planation ( ) For computing the num"er of wor8ers for the purposes of this clause all
the wor8ers in different groups and rela#s in a da# shall "e ta8en into account.
!.planation (( ) For the purposes of this clause- the mere fact that an !lectronic Eata
$rocessing Fnit or a 0omputer Fnit is installed in an# premises or part thereof- shall not
"e construed to ma8e it a factor# if no manufacturing process is "eing carried on in such
premises or part thereof:
. INSPECTORS. +1, %he /tate 7overnment ma#- "# notification in the Official 7a;ette-
appoint such persons as possess the prescri"ed 5ualification to "e (nspectors for the
purposes of this Act and ma# assign to them such local limits as it ma# thin8 fit.
+2, %he /tate 7overnment ma#- "# notification in the Official 7a;ette- appoint an#
person to "e a 0hief (nspector who shall- in addition to the powers conferred on a 0hief
(nspector under this Act- e.ercise the powers of an (nspector throughout the /tate.
+2A, %he /tate 7overnment ma#- "# notification in the Official 7a;ette- appoint as man#
Additional 0hief (nspectors- >oint 0hief (nspectors and Eeput# 0hief (nspectors and as
man# other officers as it thin8s fit to assist the 0hief (nspector and to e.ercise such of
the powers of the 0hief (nspector as ma# "e specified in such notification.
+2, !ver# Additional 0hief (nspector- >oint 0hief (nspector- Eeput# 0hief (nspector and
ever# other officer appointed under su"*section +2A, shall- in addition to the powers of a
0hief (nspector specified in the notification "# which he is appointed- e.ercise the
powers of an (nspector throughout the /tate.
+3, 4o person shall "e appointed under su"*section +1,- su"*section +2, su"*section +2A,
lra*3= ] or su"*section +5,- or having "een so appointed- shall continue to hold office-
who is or "ecomes directl# or indirectl# interested in a factor# or in an# process or
"usiness carried on therein or in an# patent or machiner# connected therewith.
+2, !ver# Eistrict Aagistrate shall "e an (nspector for his district.
+5, %he /tate 7overnment ma# also- "# notification as aforesaid- appoint such pu"lic
officers as it thin8s fit to "e additional (nspectors for all or an# of the purposes of this
Act- within such local limits as it ma# assign to them respectivel#.
+6, (n an# area where there are more (nspectors than one the /tate 7overnment ma#-
"# notification as aforesaid- declare the powers- which such (nspectors shall
respectivel# e.ercise and the (nspector to whom the prescri"ed notices are to "e sent.
+<, !ver# 0hief (nspector- Additional 0hief (nspector- >oint 0hief (nspector- Eeput# 0hief
(nspector- (nspector and ever# other officer appointed under this section shall "e
deemed to "e a pu"lic servant within the meaning of the (ndian $enal 0ode +25 of
1=6?,- and shall "e officiall# su"ordinate to such authorit# as the /tate 7overnment
ma# specif# in this "ehalf.
9. PO+ERS O# INSPECTORS. /u"9ect to an# rules made in this "ehalf- an (nspector
ma#- within the local limits for which he is appointed- * +a, enter- with such assistants
"eing persons in the service of the 7overnment- or an# local or other pu"lic authorit#- or
with an e.pert as he thin8s fit- an# place which is used- or which he has reason to
"elieve is used- as a factor#:
+", ma8e e.amination of the premises- plant- machiner#- article or su"stance:
+c, in5uire into an# accident or dangerous occurrence- whether resulting in "odil# in9ur#-
disa"ilit# or not- and ta8e on the spot or otherwise statements of an# person which he
ma# consider necessar# for such in5uir#:
+d, re5uire the production of an# prescri"ed register or an# other document relating to
the factor#:
+e, sei;e- or ta8e copies of- an# register- record or other document or an# portion
thereof- as he ma# consider necessar# in respect of an# offence under this Act- which
he has reason to "elieve- has "een committed:
+f, direct the occupier that an# premises or an# part thereof- or an#thing l#ing therein-
shall "e left undistur"ed +whether generall# or in particular respects, for so long as is
necessar# for the purpose of an# e.amination under clause +",:
+g, ta8e measurements and photographs and ma8e such recordings as he considers
necessar# for the purpose of an# e.amination under clause +",- ta8ing with him an#
necessar# instrument or e5uipment:
+h, in case of an# article or su"stance found in an# premises- "eing an article or
su"stance which appears to him as having caused or is li8el# to cause danger to the
health or safet# of the wor8ers- direct it to "e dismantled or su"9ect it to an# process or
test +"ut not so as to damage or destro# it unless the same is- in the circumstances
necessar#- for carr#ing out the purposes of this Act,- and ta8e possession of an# such
article of su"stance or a part thereof- and detain it for so long as is necessar# for such
e.amination: +i, e.ercise such other powers as ma# "e prescri"ed )
$rovided that no person shall "e compelled under this section to answer an# 5uestion
or give an# evidence tending to incriminate himself.
10 CERTI#)IN$ S%R$EONS. +1, %he /tate 7overnment ma# appoint 5ualified
medical practitioners to "e certif#ing surgeons for the purposes of this Act within such
local limits or for such factor# or class or description of factories as it ma# assign to
them respectivel#.
+2, A certif#ing surgeon ma#- with the approval of the /tate 7overnment- authori;e an#
5ualified medical practitioner to e.ercise an# of his powers under this Act for such
period as the certif#ing surgeon ma# specif# and su"9ect to such conditions as the /tate
7overnment ma# thin8 fit to impose- and references in this Act to a certif#ing surgeon
shall "e deemed to include references to an# 5ualified medical practitioner when so
authori;ed.
+3, 4o person shall "e appointed to "e- or authori;ed to e.ercise the powers of- a
certif#ing surgeon- or having "een so appointed or authori;ed- continue to e.ercise
such powers- who is- or "ecomes the occupier of a factor# or is or "ecomes directl# or
indirectl# interested therein or in an# process or "usiness carried on therein or in an#
patent or machiner# connected therewith or is otherwise in the emplo# of the factor# )
$rovided that the /tate 7overnment ma#- "# order in writing and su"9ect to such
conditions as ma# "e specified in the order- e.empt an# person or class of persons from
the provisions of this su"*section in respect of an# factor# or class or description of
factories.
+2, %he certif#ing surgeon shall carr# out such duties as ma# "e prescri"ed in
connection with * +a, the e.amination and certification of #oung persons under this Act:
+", the e.amination of persons engaged in factories in such dangerous occupations or
processes as ma# "e prescri"ed:
+c, the e.ercising of such medical supervision as ma# "e prescri"ed for an# factor# or
class or description of factories where * +i, cases of illness have occurred which it is
reasona"le to "elieve are due to the nature of the manufacturing process carried on- or
other conditions of wor8 prevailing- therein:
+ii, "# reason of an# change in the manufacturing process carried on or in the
su"stances used therein or "# reason of the adoption of an# new manufacturing
process or of an# new su"stance for use in a manufacturing process- there is a
li8elihood of in9ur# to the health of wor8ers emplo#ed in that manufacturing process:
+iii, #oung persons are- or are a"out to "e- emplo#ed in an# wor8 which is li8el# to cause
in9ur# to their health. !.planation ) (n this section 15ualified medical practitioner1 means
a person holding a 5ualification granted "# an authorit# specified in the /chedule to the
(ndian Aedical Eegrees Act- 1916 +< of 1916, or in the /chedules to the (ndian Aedical
0ouncil Act- 1933 +2< of 1933,.
11. CLEANLINESS. +1, !ver# factor# shall "e 8ept clean and free from effluvia arising
from an# drain- priv# or other- nuisance- and in particular * +a, accumulations of dirt and
refuse shall "e removed dail# "# sweeping or "# an# other effective method from the
floors and "enches of wor8rooms and from staircases and passages- and disposed of in
a suita"le manner:
+", the floor of ever# wor8room shall "e cleaned at least once in ever# wee8 "#
washing- using disinfectant- where necessar#- or "# some other effective method:
+c, where a floor is lia"le to "ecome wet in the course of an# manufacturing process to
such e.tent as is capa"le of "eing drained- effective means of drainage shall "e
provided and maintained:
+d, all inside walls and partitions- all ceilings or tops of rooms and all walls- sides and
tops of passages and staircases shall * +i, where the# are painted otherwise than with
washa"le water*paint or varnished- "e repainted or revarnished least once in ever#
period of five #ears:
+ia, where the# are painted with washa"le water paint- "e repainted with at least one
coat of such paint at least once in ever# period of three #ears and washed at least once
in ever# period of si. months:
+ii, where the# are painted or varnished or where the# have smooth impervious
surfaces- "e cleaned at least once in ever# period of fourteen months "# such method
as ma# "e prescri"ed:
+iii, in an# other case- "e 8ept whitewashed or colourwashed- and the whitewashing or
colourwashing shall "e carried out at least once in ever# period of fourteen months:
+dd, all doors and window frames and other wooden or metallic frame wor8 and shutters
shall "e 8ept painted or varnished and the painting or varnishing shall "e carried out at
least once in ever# period of five #ears:
+e, the dates on which the processes re5uired "# clause +d, are carried out shall "e
entered in the prescri"ed register.
+2, (f- in view of the nature of the operations carried on in a factor# or class or
description of factories or an# part of a factor# or class or description of factories- it is
not possi"le for the occupier to compl# with all or an# of the provisions of su"*section
+1,- the /tate 7overnment ma# "# order e.empt such factor# or class or description of
factories or part from an# of the provisions of that su"*section and specif# alternative
methods for 8eeping the factor# in a clean state.
1*. DISPOSAL O# +ASTES AND E##L%ENTS. +1, !ffective arrangements shall "e
made in ever# factor# for the treatment of wastes and effluents due to the
manufacturing process carried on therein- so as to render them innocuous- and for their
disposal.
+2, %he /tate 7overnment ma# ma8e rules prescri"ing the arrangements to "e made
under su"*section +1, or re5uiring that the arrangements made in accordance with su"*
section +1, shall "e approved "# such authorit# as ma# "e prescri"ed.
1!. "ENTILATION AND TEMPERAT%RE. +1, !ffective and suita"le provision shall "e
made in ever# factor# for securing and maintaining in ever# wor8room * +a, ade5uate
ventilation "# the circulation of fresh air- and
+", such a temperature as will secure to wor8ers therein reasona"le conditions of
comfort and prevent in9ur# to health: and in particular- * +i, walls and roofs shall "e of
such material and so designed that such temperature shall not "e e.ceeded "ut 8ept as
low as practica"le:
+ii, where the nature of the wor8 carried on in the factor# involves- or is li8el# to involve-
the production of e.cessivel# high temperatures such ade5uate measures as are
practica"le shall "e ta8en to protect the wor8ers therefrom- "# separating the process
which produces such temperatures from the wor8room- "# insulating the hot parts or "#
other effective means.
+2, %he /tate 7overnment ma# prescri"e a standard of ade5uate ventilation and
reasona"le temperature for an# factor# or class or description of factories or parts
thereof and direct that [ lra*2= proper measuring instruments- at such places and in
such position as ma# "e specified- shall "e provided and such records- as ma# "e
prescri"ed- shall "e maintained:
+3, (f it appears to the 0hief (nspector that e.cessivel# high temperatures in an# factor#
can "e reduced "# the adoption of suita"le measures- he ma#- without pre9udice to the
rules made under su"*section +2,- serve on the occupier- an order in writing specif#ing
the measures which- in his opinion- should "e adopted- and re5uiring them to "e carried
out "efore a specified date.
1&. D%ST AND #%ME. +1, (n ever# factor# in which- "# reason of the manufacturing
process carried on- there is given off an# dust or fume or other impurit# of such a nature
and to such an e.tent as is li8el# to "e in9urious or offensive to the wor8ers emplo#ed
therein- or an# dust in su"stantial 5uantities- effective measures shall "e ta8en to
prevent its inhalation and accumulation in an# wor8room- and if an# e.haust appliance
is necessar# for this purpose- it shall "e applied as near as possi"le to the point of origin
of the dust- fume or other impurit#- and such point shall "e enclosed so far as possi"le.
+2, (n an# factor# no stationar# internal com"ustion engine shall "e operated unless the
e.haust is conducted into the open air- and no other internal com"ustion engine shall "e
operated in an# room unless effective measures have "een ta8en to prevent such
accumulation of fumes therefrom as are li8el# to "e in9urious to wor8ers emplo#ed in the
room.
1,. ARTI#ICIAL H%MIDI#ICATION. +1, (n respect of all factories in which the humidit#
of the air is artificiall# increased- the /tate 7overnment ma# ma8e rules- * +a,
prescri"ing standards of humidification:
+", regulating the methods used for artificiall# increasing the humidit# of the air-
+c, directing prescri"ed tests for determining the humidit# of the air to "e correctl#
carried out and recorded:
+d, prescri"ing methods to "e adopted for securing ade5uate ventilation and cooling of
the air in the wor8rooms.
+2, (n an# factor# in which the humidit# of the air is artificiall# increased- the water used
for the purpose shall "e ta8en from a pu"lic suppl#- or other source of drin8ing water- or
shall "e effectivel# purified "efore it is so used.
+3, (f it appears to an (nspector that the water used in a factor# for increasing humidit#
which is re5uired to "e effectivel# purified under su"*section +2, is not effectivel# purified
he ma# serve on the manager of the factor# an order in writing- specif#ing the measures
which in his opinion should "e adopted- and re5uiring them to "e carried out "efore
specified date.
16. O"ERCRO+DIN$. +1, 4o room in an# factor# shall "e overcrowded to an e.tent
in9urious to the health of the wor8ers emplo#ed therein.
+2, 6ithout pre9udice to the generalit# of su"*section +1,- there shall "e in ever#
wor8room of a factor# in e.istence on the date of the commencement of this Act at least
9.9 cu"ic metres and of a factor# "uilt after the commencement of this Act at least 12.2
cu"ic metres or space for ever# wor8er emplo#ed therein- and for the purposes of this
su"*section no account shall "e ta8en of an# space which is more than 2.2 metres
a"ove the level of the floor of the room.
+3, (f the 0hief (nspector "# order in writing so re5uires- there shall "e posted in each
wor8room of a factor# a notice specif#ing the ma.imum num"er of wor8ers who ma#- in
compliance with the provisions of this section- "e emplo#ed in the room.
+2, %he 0hief (nspector ma# "# order in writing e.empt- su"9ect to such conditions- if
an#- as he ma# thin8 fit to impose- an# wor8room from the provisions of this section- if
he is satisfied that compliance therewith in respect of the room is unnecessar# in the
interest of the health of the wor8ers emplo#ed therein.
1'. LI$HTIN$. +1, (n ever# part of a factor# where wor8ers are wor8ing or passing there
shall "e provided and maintained sufficient and suita"le lighting- natural or artificial- or
"oth.
+2, (n ever# factor# all gla;ed windows and s8#lights used for the lighting of the
wor8room shall "e 8ept clean on "oth the inner and outer surfaces and- so far as
compliance with the provisions of an# rules made- under su"*section +3, of section 13
will allow- free from o"struction.
+3, (n ever# factor# effective provision shall- so far as is practica"le- "e made for the
prevention of * +a, glare- either directl# from a source of light or "# reflection from a
smooth or polished surface:
+", the formation of shadows to such an e.tent as to cause e#e*strain or the ris8 of
accident to an# wor8er.
+2, %he /tate 7overnment ma# prescri"e standards of sufficient and suita"le lighting for
factories or for an# class or description of factories or for an# manufacturing process.
1(. DRIN-IN$ +ATER. +1, (n ever# factor# effective arrangements shall "e made to
provide and maintain at suita"le points convenientl# situated for all wor8ers emplo#ed
therein a sufficient suppl# of wholesome drin8ing water.
+2, All such points shall "e legi"l# mar8ed 1drin8ing water1 in a language understood "#
a ma9orit# of the wor8ers emplo#ed in the factor#- and no such point shall "e situated
within si. metres of an# washing place- urinal- latrine- spittoon- open drain carr#ing
sullage or effluent or an# other source of contamination unless a shorter distance is
approved in writing "# the 0hief (nspector.
+3, (n ever# factor# wherein more than two hundred and fift# wor8ers are ordinaril#
emplo#ed- provisions shall "e made for cooling drin8ing water during hot weather "#
effective means and for distri"ution thereof.
+2, (n respect of all factories or an# class or description of factories the /tate
7overnment ma# ma8e rules for securing compliance with the provisions of su"*
sections +1,- +2, and +3, and for the e.amination "# prescri"ed authorities of the suppl#
and distri"ution of drin8ing water in factories.
19. LATRINES AND %RINALS. * +1, (n ever# factor# * +a, sufficient latrine and urinal
accommodation of prescri"ed t#pes shall "e provided convenientl# situated and
accessi"le to wor8ers at all times while the# are at the factor#:
+", separate enclosed accommodation shall "e provided for male and female wor8ers:
+c, such accommodation shall "e ade5uatel# lighted and ventilated- and no latrine or
urinal shall- unless speciall# e.empted in writing "# the 0hief (nspector- communicate
with an# wor8room e.cept through an intervening open space or ventilated passage:
+d, all such accommodation shall "e maintained in a clean and sanitar# condition at all
times:
+e, sweepers shall "e emplo#ed whose primar# dut# it would "e to 8eep clean latrines-
urinals and washing places.
+2, (n ever# factor# wherein more than two hundred and fift# wor8ers are ordinaril#
emplo#ed * +a, all latrine and urinal accommodation shall "e of prescri"ed sanitar#
t#pes:
+", the floors and internal walls- up to a height of ninet# centimeters- of the latrines and
urinals and the sanitar# "loc8s shall "e laid in gla;ed titles or otherwise finished to
provide a smooth polished impervious surface:
+c, without pre9udice to the provisions of clauses +d, and +e, of su"*section +1,- the
floors- portions of the walls and "loc8s so laid or finished and the sanitar# pans of
latrines and urinals shall "e thoroughl# washed and cleaned at least once in ever#
seven da#s with suita"le detergents or disinfectants or with "oth.
+3, %he /tate 7overnment ma# prescri"e the num"er of latrines and urinals to "e
provided in an# factor# in proportion to the num"ers of male and female wor8ers
ordinaril# emplo#ed therein- and provide for such further matters in respect of sanitation
in factories- including the o"ligation of wor8ers in this regard- as it considers necessar#
in the interest of the health of the wor8ers emplo#ed therein.
*0. SPITTOONS. +1, (n ever# factor# there shall "e provided a sufficient num"er of
spittoons in convenient places and the# shall "e maintained in a clean and h#gienic
condition.
+2, %he /tate 7overnment ma# ma8e rules prescri"ing the t#pe and the num"er of
spittoons to "e provided and their location in an# factor# and provide for such further
matters relating to their maintenance in a clean and h#gienic condition.
+3, 4o person shall spit within the premises of a factor# e.cept in the spittoons provided
for the purpose and a notice containing this provision and the penalt# for its violation
shall "e prominentl# displa#ed at suita"le places in the premises.
+2, 6hoever spits in contravention of su"*section +3, shall "e punisha"le with fine not
e.ceeding five rupees.
*1. #ENCIN$ O# MACHINER). +1, (n ever# factor# the following- namel#- * +i, ever#
moving part of a prime mover and ever# fl#wheel connected to a prime mover- whether
the prime mover or fl#wheel is in the engine house or not:
+ii, the headrace and tailrace of ever# water*wheel and water tur"ine:
+iii, an# part of a stoc8*"ar which pro9ects "e#ond the head stoc8 of a lathe: and
+iv, unless the# are in such position or of such construction as to "e safe to ever#
person emplo#ed in the factor# as the# would "e if the# were securel# fenced- the
following- namel# * +a, ever# part of an electric generator- a motor or rotar# converter:
+", ever# part of transmission machiner#: and
+c, ever# dangerous part of an# other machiner#- shall "e securel# fenced "#
safeguards of su"stantial construction which shall "e constantl# maintained and 8ept in
position while the parts of machiner# the# are fencing are in motion or in use )
$rovided that for the purpose of determining whether an# part of machiner# is in such
position or is of such construction as to "e safe as aforesaid- account shall not "e ta8en
of an# occasion when * +i, it is necessar# to ma8e an e.amination of an# part of the
machiner# aforesaid while it is in motion or- as a result of such e.amination- to carr# out
lu"rication or other ad9usting operation while the machiner# is in motion- "eing an
e.amination or operation which it is necessar# to "e carried out while that part of the
machiner# is in motion- or
+ii, in the case of an# part of a transmission machiner# used in such process as ma# "e
prescri"ed +"eing a process of a continuous nature the carr#ing on of which shall "e- or
is li8el# to "e- su"stantiall# interfered with "# the stoppage of that part of the
machiner#,- it is necessar# to ma8e an e.amination of such part of the machiner# while
it is in motion or- as a result of such e.amination- to carr# out an# mounting or shipping
of "elts or lu"rication or other ad9usting operation while the machiner# is in motion- and
such e.amination or operation is made or carried out in accordance with the provisions
of su"*section +1, of section 22.
+2, %he /tate 7overnment ma# "# rules prescri"e such further precautions as it ma#
consider necessar# in respect of an# particular machiner# or part thereof- or e.empt-
su"9ect to such condition as ma# "e prescri"ed- for securing the safet# of the wor8ers-
an# particular machiner# or part thereof from the provisions of this section.
**. +OR- ON OR NEAR MACHINER) IN MOTION. +1, 6here in an# factor# it
"ecomes necessar# to e.amine an# part of machiner# referred to in section 21- while
the machiner# is in motion- or- as a result of such e.amination- to carr# out * +a, in a
case referred to in clause +i, of the proviso to su"*section +1, of section 21- lu"rication or
other ad9usting operation: or
+", in a case referred to in clause +ii, of the proviso aforesaid- an# mounting or shipping
of "elts or lu"rication or other ad9usting operation- while the machiner# is in motion such
e.amination or operation shall "e made or carried out onl# "# a speciall# trained adult
male wor8er wearing tight fitting clothing +which shall "e supplied "# the occupier,
whose name has "een recorded in the register prescri"ed in this "ehalf and who has
"een furnished with a certificate of his appointment- and while he is so engaged- * +a,
such wor8er shall not handle a "elt at a moving pulle# unless * +i, the "elt is not more
than fifteen centimeters in width:
+ii, the pulle# is normall# for the purpose of drive and not merel# a fl#*wheel or "alance
wheel +in which case a "elt is not permissi"le,:
+iii, the "elt 9oint is either laced or flush with the "elt:
+iv, the "elt- including the 9oint and the pulle# rim- are in good repair:
+v, there is reasona"le clearance "etween the pulle# and an# fi.ed plant or structure:
+vi, secure foothold and- where necessar#- secure handhold- are provided for the
operator: and
+vii, an# ladder in use for carr#ing out an# e.amination or operation aforesaid is
securel# fi.ed or lashed or is firml# held "# a second person.
+", without pre9udice to an# other provision of this Act relating to the fencing of
machiner#- ever# set screw- "olt and 8e# on an# revolving shaft- spindle- wheel or
pinion- and all spur- worm and other toothed or friction gearing in motion with which
such wor8er would otherwise "e lia"le to come into contact- shall "e securel# fenced to
prevent such contact.
+2, 4o woman or #oung person shall "e allowed to clean- lu"ricate or ad9ust an# part of
a prime mover or of an# transmission machiner# while the prime mover or transmission
machiner# is in motion- or to clean- lu"ricate or ad9ust an# part of an# machine if the
cleaning- lu"rication or ad9ustment thereof would e.pose the woman or #oung person to
ris8 of in9ur# from an# moving part either of that machine or of an# ad9acent machiner#.
+3, %he /tate 7overnment ma#- "# notification in the official. 7a;ette- prohi"it- in an#
specified factor# or class or description of factories- the cleaning- lu"ricating or ad9usting
"# an# person of specified parts of machiner# when those parts are in motion.
*!. EMPLO)MENT O# )O%N$ PERSONS ON DAN$ERO%S MACHINES. +1, 4o
#oung person shall "e re5uired or allowed to wor8 at an# machine to which this section
applies- unless he has "een full# instructed as to the dangers arising in connection with
the machine and the precautions to "e o"served and * +a, has received sufficient
training in wor8 at the machine- or
+", is under ade5uate supervision "# a person who has a thorough 8nowledge and
e.perience of the machine. +2, /u"*section +1, shall appl# to such machines as ma# "e
prescri"ed "# the /tate 7overnment- "eing machines which in its opinion are of such a
dangerous character that #oung persons ought not to wor8 at them unless the foregoing
re5uirements are complied with.
*&. STRI-IN$ $EAR AND DE"ICES #OR C%TTIN$ O## PO+ER. +1, (n ever#
factor# * +a, suita"le stri8ing gear or other efficient mechanical appliance shall "e
provided and maintained and used to move driving "elts to and from fast and loose
pulle#s which form part of the transmission machiner#- such gear or appliances shall "e
so constructed- placed and maintained as to prevent the "elt from creeping "ac8 on to
the fast pulle#:
+", driving "elts when not in use shall not "e allowed to rest or ride upon shafting in
motion.
+2, (n ever# factor# suita"le devices for cutting off power in emergencies from running
machiner# shall "e provided and maintained in ever# wor8*room)
$rovided that in respect of factories in operation "efore the commencement of this Act-
the provisions of this su"*section shall appl# onl# to wor8*rooms in which electricit# is
used as power.
+3, 6hen a device- which can inadvertentl# shift from 1off1 to 1on1 position- is provided in
a factor# to cut off power- arrangements shall "e provided for loc8ing the device in safe
position to prevent accidental starting of the transmission machiner# or other machines
to which the device is fitted.
*,. SEL#ACTIN$ MACHINES. 4o traversing part of a self*acting machine in an#
factor# and no material carried thereon shall- if the space over which it runs is a space
over which an# person is lia"le to pass- whether in the course of his emplo#ment or
otherwise- "e allowed to run on its outward or inward traverse within a distance of fort#*
five centimeters from an# fi.ed structure which is not part of the machine )
$rovided that the 0hief (nspector ma# permit the continued use of a machine installed
"efore the commencement of this Act which does not compl# with the re5uirements of
this section on such conditions for ensuring safet# as he ma# thin8 fit to impose.
*6. CASIN$ O# NE+ MACHINER). +1, (n all machiner# driven "# power and installed
in an# factor# after the commencement of this Act- * +a, ever# set screw- "olt or 8e# on
an# revolving shaft- spindle- wheel pinion shall "e so sun8- encased or otherwise
effectivel# guarded as to prevent danger:
+", all spur- worm and other toothed or friction gearing which does not re5uire fre5uent
ad9ustment while in motion shall "e completel# encased- unless it is so situated as to "e
as safe as it would "e if it were completel# encased.
+2, 6hoever sells or lets on hire or- as agent of a seller or hirer- causes or procures to
"e sold on let or hire- for use in a factor# an# machiner# driven "# power which does not
compl# with the provisions of /u"*section +1, or an# rules made under su"*section +3,-
shall "e punisha"le with imprisonment for a term which ma# e.tend to three months or
with fine which ma# e.tend to five hundred rupees or with "oth.
+3, %he /tate 7overnment ma# ma8e rules specif#ing further safeguards to "e provided
in respect of an# other dangerous part of an# particular machine or class or description
of machines.
*'. PROHIBITION O# EMPLO)MENT O# +OMEN AND CHILDREN NEAR COTTON
OPENERS. 4o woman or child shall "e emplo#ed in an# part of a factor# for pressing
cotton in which a cotton*opener is at wor8 )
$rovided that if the feed*end of a cotton*opener is in a room separated from the deliver#
end "# a partition e.tending to the roof or to such height as the (nspector ma# in an#
particular case specif# in writing- women and children ma# "e emplo#ed on the side of
the partition where the feed*end is situated.
*(. HOISTS AND LI#TS. +1, (n ever# factor# * +a, ever# hoist and lift shall "e * +i, of
good mechanical construction- sound material and ade5uate strength:
+ii, properl# maintained- and shall "e thoroughl# e.amined "# a competent person at
least once in ever# period of si. months- and a register shall "e 8ept containing the
prescri"ed particulars of ever# such e.amination:
+", ever# hoistwa# and liftwa# shall "e sufficientl# protected "# an enclosure fitted with
gates- and the hoist or lift and ever# such enclosure shall "e so constructed as to
prevent an# person or thing from "eing trapped "etween an# part of the hoist or lift and
an# fi.ed structure or moving part:
+c, the ma.imum safe wor8ing load shall "e plainl# mar8ed on ever# hoist or lift- and no
load greater than such load shall "e carried thereon:
+d, the cage of ever# hoist or lift used for carr#ing persons shall "e fitted with a gate on
each side from which access is afforded to a landing:
+e, ever# gate referred to in clause +", or clause +a, shall "e fitted with interloc8ing or
other efficient device to secure that the gate cannot "e opened e.cept when the cage is
at the landing and that the cage cannot "e moved unless the gate is closed.
+2, %he following additional re5uirements shall appl# to hoists and lifts used for carr#ing
persons and installed or reconstructed in a factor# after the commencement of this Act-
namel# ) +a, where the cage is supported "# rope or chain- there shall "e at least two
ropes or chains separatel# connected with the cage and "alance weight- and each rope
or chain with its attachments shall "e capa"le of carr#ing the whole weight of the cage
together with its ma.imum load:
+", efficient devices shall "e provided and maintained capa"le of supporting the cage
together with its ma.imum load in the event of "rea8age of the ropes- chains or
attachments:
+c, an efficient automatic device shall "e provided and maintained to prevent the cage
from over*running.
+3, %he 0hief (nspector ma# permit the continued use of a hoist or lift installed in a
factor# "efore the commencement of this Act which does not full# compl# with the
provisions of su"*section +1, upon such conditions for ensuring safet# as he ma# thin8
fit to impose.
+2, %he /tate 7overnment ma#- if in respect of an# class or description of hoist or lift- it
is of opinion that it would "e unreasona"le to enforce an# re5uirement of su"*sections.
+1, and +2,- "# order direct that such re5uirement shall not appl# to such class or
description of hoist or lift.
!.planation ) For the purposes of this section- no lifting machine or appliance shall "e
deemed to "e a hoist or lift unless it has a platform or cage- the direction or movement
of which is restricted "# a guide or guides.
*9. LI#TIN$ MACHINES, CHAINS, ROPES AND LI#TIN$ TAC-LES. +1, (n an#
factor# the following provisions shall "e complied with in respect of ever# lifting machine
+other than a hoist and lift, and ever# chain- rope and lifting tac8le for the purpose of
raising or lowering persons- goods or materials )* +a, all parts- including the wor8ing
gear- whether fi.ed or mova"le- of ever# lifting machine and ever# chain- rope or lifting
tac8le shall "e * +i, of good construction- sound material and ade5uate strength and free
from defects:
+ii, properl# maintained: and
+iii, thoroughl# e.amined "# a competent person at least once in ever# period of twelve
months- or at such intervals as the 0hief (nspector ma# specif# in writing- and a register
shall "e 8ept containing the prescri"ed particulars of ever# such e.amination:
+", no lifting machine and no chain- rope or lifting tac8le shall- e.cept for the purpose of
test- "e loaded "e#ond the safe wor8ing load which shall "e plainl# mar8ed thereon
together with an identification mar8 and dul# entered in the prescri"ed register- and
where this is not practica"le- a ta"le showing the safe wor8ing loads of ever# 8ind and
si;e of lifting machine or- chain- rope or lifting tac8le in use shall "e displa#ed in
prominent positions on the premises:
+c, while an# person is emplo#ed or wor8ing on or near the wheel trac8 of a travelling
crane in an# place where he would "e lia"le to "e struc8 "# the crane- effective
measures shall "e ta8en to ensure that the crane does not approach within [ lra*66 si.
metres lra*66 ] of that place.
+2, %he /tate 7overnment ma# ma8e rules in respect of an# lifting machine or an#
chain- rope or lifting tac8le used in factories * +a, prescri"ing further re5uirements to "e
complied with in addition to those set out in this section:
+", providing for e.emption from compliance with all or an# of the re5uirements of this
section- where in its opinion- such compliance is unnecessar# or impractica"le.
+3, For the purposes of this section a lifting machine or a chain- rope or lifting tac8le
shall "e deemed to have "een thoroughl# e.amined if a visual e.amination
supplemented- if necessar#- "# other means and "# the dismantling of parts of the gear-
has "een carried out as carefull# as the conditions permit in order to arrive at a relia"le
conclusion as to the safet# of the parts e.amined. !.planation ) (n this section- * +a,
1lifting machine1 means a crane- cra"- winch- teagle- pulle# "loc8- gin wheel- transporter
or runwa#:
+", 1lifting tac8le1 means an# chain- sling- rope sling- hoo8- shac8le- swivel- coupling-
soc8et- clamp- tra# or similar appliance- whether fi.ed or mova"le- used in connection
!0. RE"OL"IN$ MACHINER). +1, (n ever# factor# in which the process of grinding is
carried on there shall "e permanentl# affi.ed to or placed near each machine in use a
notice indicating the ma.imum safe wor8ing peripheral speed of ever# grindstone or
a"rasive wheel- the speed of the shaft or spindle upon which the wheel is mounted- and
the diameter of the pulle# upon such shaft or spindle necessar# to secure such safe
wor8ing peripheral speed.
+2, %he speeds indicated in notices under su"*section +1, shall not "e e.ceeded.
+3, !ffective measures shall "e ta8en in ever# factor# to ensure that the safe wor8ing
peripheral speed of ever# revolving vessel- cage- "as8et- fl#wheel- pulle#- disc or similar
appliance driven "# power is not e.ceeded.
!1. PRESS%RE PLANT. +1, (f in an# factor#- an# plant or machiner# or an# part
thereof is operated at a pressure a"ove atmospheric pressure- effective measures shall
"e ta8en to ensure that the safe wor8ing pressure of such plant or machiner# or part is
not e.ceeded.
+2, %he /tate 7overnment ma# ma8e rules providing for the e.amination and testing of
an# plant or machiner# such as is referred to in su"*section +1, and prescri"ing such
other safet# measures in relation thereto as ma# in its opinion "e necessar# in an#
factor# or class or description of factories.
+3, %he /tate 7overnment ma#- "# rules- e.empt- su"9ect to such conditions as ma# "e
specified therein- an# part of an# plant or machiner# referred to in su"*section +1, from
the provisions of this section.
!*. #LOORS, STAIRS AND MEANS O# ACCESS. (n ever# factor# * +a, all floors-
steps- stairs- passages and gangwa#s shall "e of sound construction and properl#
maintained and shall "e 8ept free from o"structions and su"stances li8el# to cause
persons to slip- and where it is necessar# to ensure safet#- steps- stairs- passages and
gangwa#s shall "e provided with su"stantial handrails:
+", there shall- so far as is reasona"l# practica"le- "e provided and maintained safe
means of access to ever# place at which an# person is at an# time re5uired to wor8.
+c, when an# person has to wor8 at a height from where he is li8el# to fall- provision
shall "e made- so far as is reasona"l# practica"le- "# fencing or otherwise- to ensure
the safet# of the person so wor8ing.
!!. PITS, S%MPS, OPENIN$S IN #LOORS, ETC. +1, (n ever# factor# fi.ed vessel-
sump- tan8- pit or opening in the ground or in a floor which- "# reasons of its depth-
situation- construction or contents- is or ma# "e a source of danger- shall "e either
securel# covered or securel# fenced.
+2, %he /tate 7overnment ma#- "# order in writing- e.empt- su"9ect to such conditions
as ma# "e prescri"ed- an# factor# or class or description of factories in respect of an#
vessel- sump- tan8- pit or opening from compliance with the provisions of this section.
!&. EXCESSI"E +EI$HTS. +1, 4o person shall "e emplo#ed in an# factor# to lift-
carr# or move an# load so heav# as to "e li8el# to cause him in9ur#.
+2, %he /tate 7overnment ma# ma8e rules prescri"ing the ma.imum weights which
ma# "e lifted- carried or moved "# adult men- adult women- adolescents and children
emplo#ed in factories or in an# class or description of factories or in carr#ing on an#
specified process.
!,. PROTECTION O# E)ES. (n respect of an# such manufacturing process carried on
in an# factor# as ma# "e prescri"ed- "eing a process which involves * +a, ris8 of in9ur# to
the e#es from particles or fragments thrown off in the course of the process- or
+", ris8 to the e#es "# reason of e.posure to e.cessive light- the /tate 7overnment ma#
"# rules re5uire that effective screens or suita"le goggles shall "e provided for the
protection of persons emplo#ed on- or in the immediate vicinit# of- the process.
!6. PRECA%TIONS A$AINST DAN$ERO%S #%MES, $ASES, ETC. +1, 4o person
shall "e re5uired or allowed to enter an# cham"er- tan8- vat- pit- pipe- flue or other
confined space in an# factor# in which an# gas- fume- vapour or dust is li8el# to "e
present to such an e.tent as to involve ris8 to persons "eing overcome there"#- unless
it is provided with a manhole of ade5uate si;e or other effective means of egress.
+2, 4o person shall "e re5uired or allowed to enter an# confined space as is referred to
in su"*section +1,- until all practica"le measures have "een ta8en to remove an# gas-
fume- vapour or dust- which ma# "e present so as to "ring its level within the
permissi"le limits and to prevent an# ingress of such gas- fume- vapour or dust and
unless * +a, a certificate in writing has "een given "# a competent person- "ased on a
test carried out "# himself that the space is reasona"l# free from dangerous gas- fume-
vapour or dust: or
+", such person is wearing suita"le "reathing apparatus and a "elt securel# attached to
a rope the free end of which is held "# a person outside the confined space.
!6A. PRECA%TIONS RE$ARDIN$ THE %SE O# PORTABLE ELECTRIC LI$HT. (n
an# factor# * +a, no porta"le electric light or an# other electric appliance of voltage
e.ceeding twent#*four volts shall "e permitted for use inside an# cham"er- tan8- vat- pit-
pipe- flue or other confined space unless ade5uate safet# devices are provided: and
+", if an# inflamma"le gas- fume or dust is li8el# to "e present in such cham"er- tan8-
vat- pit- pipe- flue or other confined space- no lamp or light other than that of flame*proof
construction shall "e permitted to "e used therein.
!'. EXPLOSI"E OR IN#LAMMABLE D%ST, $AS, ETC. +1, 6here in an# factor# an#
manufacturing process produces dust- gas- fume or vapour of such character and to
such e.tent as to "e li8el# to e.plode to ignition- all practica"le measures shall "e ta8en
to prevent an# such e.plosion "# * +a, effective enclosure of the plant or machiner#
used in the process:
+", removal or prevention of the accumulation of such dust- gas- fume or vapour:
+c, e.clusion or effective enclosure of all possi"le sources of ignition.
+2, 6here in an# factor# the plant or machiner# used in a process such as is referred to
in su"*section +1, is not so constructed as to withstand the pro"a"le pressure which
such an e.plosion as aforesaid would produce- all practica"le measures shall "e ta8en
to restrict the spread and effects of the e.plosion "# the provisions in the plant or
machiner# of cho8es- "affles- vents or other effective appliances.
+3, 6here an# part of the plant or machiner# in a factor# contains an# e.plosive or
inflamma"le gas or vapour under pressure greater than atmospheric pressure- that part
shall not "e opened e.cept in accordance with the following provisions- namel# )* +a,
"efore the fastening of an# 9oint of an# pipe connected with the part of the fastening of
the cover of an# opening into the part is loosened- an# flow of the gas or vapour into the
part of an# such pipe shall "e effectivel# stopped "# a stop valve or other means:
+", "efore an# such fastening as aforesaid is removed- all practica"le measures shall "e
ta8en to reduce the pressure of the gas or vapour in the part or pipe to atmospheric
pressure:
+c, where an# such fastening as aforesaid has "een loosened or removed effective
measures shall "e ta8en to prevent an# e.plosive or inflamma"le gas or vapour from
entering the part of pipe until the fastening has "een secured- or- as the case ma# "e-
securel# replaced ) $rovided that the provisions of this su"*section shall not appl# in the
case of plant or machiner# installed in the open air.
+2, 4o plant- tan8 or vessel which contains or has contained an# e.plosive or
inflamma"le su"stance shall "e su"9ected in an# factor# to an# welding- "ra;ing-
soldering or cutting operation which involves the application of heat unless ade5uate
measures have first "een ta8en to remove such su"stance and an# fumes arising
therefrom or to render such su"stance and fumes non*e.plosive or non*inflamma"le-
and no such su"stance shall "e allowed to enter such plant- tan8 or vessel after an#
such operation until the metal has cooled sufficientl# to prevent an# ris8 of igniting the
su"stance.
+5, %he /tate 7overnment ma# "# rules e.empt- su"9ect to such conditions as ma# "e
prescri"ed- an# factor# or class or description of factories from compliance with all or
an# of the provisions of this section.
!(. PRECA%TIONS IN CASE O# #IRE. +1, (n ever# factor#- all practica"le measures
shall "e ta8en to prevent out"rea8 of fire and its spread- "oth internall# and e.ternall#-
and to provide and maintain * +a, safe means of escape for all persons in the event of a
fire- and +", the necessar# e5uipment and facilities for e.tinguishing fire.
+2, !ffective measures shall "e ta8en to ensure that in ever# factor# all the wor8ers are
familiar with the means of escape in case of fire and have "een ade5uatel# trained in
the routine to "e followed in such cases.
+3, %he /tate 7overnment ma# ma8e rules- in respect of an# factor# or class or
description of factories- re5uiring the measures to "e adopted to give effect to the
provisions of su"*sections +1, and +2,.
+2, 4otwithstanding an#thing contained in clause +a, of su"*section +1, or su"*section
+2,- if the 0hief (nspector- having regard to the nature of the wor8 carried on in an#
factor#- the construction of such factor#- special ris8 to life or safet#- or an# other
circumstances- is of the opinion that the measures provided in the factor#- whether as
prescri"ed or not- for the purposes of clause +a, of su"*section +1, or su"*section +2,-
are inade5uate- he ma#- "#- order in writing- re5uire that such additional measures as
he ma# consider reasona"le and necessar#- "e provided in the factor# "efore such date
as is specified in the order.
!9. PO+ER TO RE3%IRE SPECI#ICATIONS O# DE#ECTI"E PARTS OR TESTS O#
STABILIT). (f it appears to the (nspector that an# "uilding or part of a "uilding or an#
part of the wa#s- machiner# or plant in a factor# is in such a condition that it ma# "e
dangerous to human life or safet#- he ma# serve on the occupier or manager or "oth of
the factor# an order in writing re5uiring him "efore a specified date * +a, to furnish such
drawings- specifications and other particulars as ma# "e necessar# to determine
whether such "uilding- wa#s- machiner# or plant can "e used with safet#- or
+", to carr# out such test in such manner as ma# "e specified in the order- and to inform
the (nspector of the results thereof.
&0. SA#ET) O# B%ILDIN$S AND MACHINER). +1, (f it appears to the (nspector that
an# "uilding or part of a "uilding or an# part of the wa#s- machiner# or plant in a factor#
is in such a condition that it is dangerous to human life or safet#- he ma# serve on the
occupier or manager or "oth of the factor# an order in writing specif#ing the measures
which in his opinion should "e adopted- and re5uiring them to "e carried out "efore a
specified date.
+2, (f it appears to the (nspector that the use of an# "uilding or part of a "uilding or an#
part of the wa#s- machiner# or plant in a factor# involves imminent danger to human life
or safet#- he ma# serve on the occupier or manager or "oth of the factor# an order in
writing prohi"iting its use until it has "een properl# repaired or altered.
&0A. MAINTENANCE O# B%ILDIN$S. (f it appears to the (nspector that an# "uilding
or part of a "uilding in a factor# is in such a state of disrepair as is li8el# to lead to
conditions detrimental to the health and welfare of the wor8ers- he ma# serve on the
occupier or manager or "oth of the factor# an order in writing specif#ing the measures
which in his opinion should "e ta8en and re5uiring the same to "e carried out "efore
such date as is specified in the order.
&0B. SA#ET) O##ICERS. +1, (n ever# factor#- * +i, wherein one thousand or more
wor8ers are ordinaril# emplo#ed- or
+ii, wherein- in the opinion of the /tate 7overnment- an# manufacturing process or
operation is carried on- which process or operation involves an# ris8 of "odil# in9ur#-
poisoning or disease- or an# other ha;ard to health- to the persons emplo#ed in the
factor#- the occupier shall- if so re5uired "# the /tate 7overnment "# notification in the
Official 7a;ette- emplo# such num"er of /afet# Officers as ma# "e specified in that
notification.
+2, %he duties- 5ualifications and conditions of service of /afet# Officers shall "e such
as ma# "e prescri"ed "# the /tate 7overnment.
&*. +ASHIN$ #ACILITIES. +1, (n ever# factor# * +a, ade5uate and suita"le facilities
for washing shall "e provided and maintained for the use of the wor8ers therein:
+", separate and ade5uatel# screened facilities shall "e provided for the use of male
and female wor8ers:
+c, such facilities shall "e convenientl# accessi"le and shall "e 8ept clean.
+2, %he /tate 7overnment ma#- in respect of an# factor# or class or description of
factories or of an# manufacturing process- prescri"e standards of ade5uate and suita"le
facilities for washing.
&!. #ACILITIES #OR STORIN$ AND DR)IN$ CLOTHIN$. %he /tate 7overnment
ma#- in respect of an# factor# or class or description of factories- ma8e rules re5uiring
the provision therein of suita"le places for 8eeping clothing not worn during wor8ing
hours and for the dr#ing of wet clothing.
&&. #ACILITIES #OR SITTIN$. +1, (n ever# factor# suita"le arrangements for sitting
shall "e provided and maintained for all wor8ers o"liged to wor8 in a standing position-
in order that the# ma# ta8e advantage of an# opportunities for rest which ma# occur in
the course of their wor8.
+2, (f- in the opinion of the 0hief (nspector- the wor8ers in an# factor# engaged in a
particular manufacturing process or wor8ing in a particular room are a"le to do their
wor8 efficientl# in a sitting position- he ma#- "# order in writing- re5uire the occupier of
the factor# to provide "efore a specified date such seating arrangements as ma# "e
practica"le for all wor8ers so engaged or wor8ing.
+3, %he /tate 7overnment ma#- "# notification in the Official 7a;ette- declare that the
provisions of su"*section +1, shall not appl# to an# specified factor# or class or
description of factories or to an# specified manufacturing process.
&,. #IRST AID APPLIANCES. +1, %here shall in ever# factor# "e provided and
maintained so as to "e readil# accessi"le during all wor8ing hours first*aid "o.es or
cup"oards e5uipped with the prescri"ed contents- and the num"er of such "o.es or
cup"oards to "e provided and maintained shall not "e less than one for ever# one
hundred and fift# wor8ers ordinaril# emplo#ed at an# one time in the factor#.
+2, 4othing e.cept the prescri"ed contents shall "e 8ept in a first*aid "o. or cup"oard.
+3, !ach first*aid "o. or cup"oard shall "e 8ept in the charge of a separate responsi"le
person who holds a certificate in first*aid treatment recogni;ed "# /tate 7overnment
and who shall alwa#s "e readil# availa"le during the wor8ing hours of the factor#.
+2, (n ever# factor# wherein more than five hundred wor8ers are ordinaril# emplo#ed
there shall "e provided and maintained an am"ulance room of the prescri"ed si;e-
containing the prescri"ed e5uipment and in the charge of such medical and nursing
staff as ma# "e prescri"ed and those facilities shall alwa#s "e made readil# availa"le
during the wor8ing hours of the factor#.
&6. CANTEENS. +1, %he /tate 7overnment ma# ma8e rules re5uiring that in an#
specified factor# wherein more than two hundred and- fift# wor8ers are ordinaril#
emplo#ed- a canteen or canteens shall "e provided and maintained "# the occupier for
the use of the wor8ers.
+2, 6ithout pre9udice to the generalit# of the foregoing power- such rules ma# provide
for * +a, the date "# which such canteen shall "e provided:
+", the standards in respect of construction- accommodation- furniture and other
e5uipment of the canteen:
+c, the foodstuffs to "e served therein and the charges which ma# "e made therefor:
+d, the constitution of a managing committee for the canteen and representation of the
wor8ers in the management of the canteen:
+dd, the items of e.penditure in the running of the canteen which are not to "e ta8en
into account in fi.ing the cost of foodstuffs and which shall "e "orne "# the emplo#er:
+e, the delegation to the 0hief (nspector- su"9ect to such conditions as ma# "e
prescri"ed- of the power to ma8e rules under clause +c,.
&'. SHELTERS, REST ROOMS AND L%NCH ROOMS. +1, (n ever# factor# wherein
more than one hundred and fift# wor8ers are ordinaril# emplo#ed- ade5uate and
suita"le shelters or rest rooms and a suita"le lunch room- with provision for drin8ing
water- where wor8ers can eat meals "rought "# them- shall "e provided and maintained
for the use of the wor8ers ) $rovided that an# canteen maintained in accordance with
the provisions of section 26 shall "e regarded as part of the re5uirements of this su"*
section ) $rovided further that where a lunch room e.ists no wor8ers shall eat an# food
in the wor8 room.
+2, %he shelters or rest rooms or lunch rooms to "e provided under su"*section +1, shall
"e sufficientl# lighted and ventilated and shall "e maintained in a cool and clean
condition.
+3, %he /tate 7overnment ma# * +a, prescri"e the standards in respect of construction-
accommodation- furniture and other e5uipment of shelters- rest rooms and lunch rooms
to "e provided under this section:
+", "# notification in the Official 7a;ette- e.empt an# factor# or class or description of
factories from the re5uirements of this section.
&(. CRECHES. +1, (n ever# factor# wherein more than thirt# women wor8ers are
ordinaril# emplo#ed there shall "e provided and maintained a suita"le room or rooms for
the use of children under the age of si. #ears of such women.
+2, /uch rooms shall provide ade5uate accommodation- shall "e ade5uatel# lighted and
ventilated- shall "e maintained in a clean and sanitar# condition and shall "e under the
charge of women trained in the care of children and infants.
+3, %he /tate 7overnment ma# ma8e rules * +a, prescri"ing the location and the
standards in respect of construction- accommodation- furniture and other e5uipment of
rooms to "e provided- under this section:
+", re5uiring the provision in factories to which this section applies of additional facilities
for the care of children "elonging to women wor8ers- including suita"le provision of
facilities for washing and changing their clothing:
+c, re5uiring the provision in an# factor# of free mil8 or refreshment or "oth for such
children:
+d, re5uiring that facilities shall "e given in an# factor# for the mothers of such children
to feed them at the necessar# intervals.
&9. +EL#ARE O##ICERS. +1, (n ever# factor# wherein five hundred or more wor8ers
are ordinaril# emplo#ed the occupier shall emplo# in the factor# such num"er of 6elfare
officers as ma# "e prescri"ed.
+2, %he /tate 7overnment ma# prescri"e the duties- 5ualifications and 0onditions of
service of officers emplo#ed under su"*section +1,.
,1. +EE-L) HO%RS. 4o adult wor8ers shall "e re5uired or allowed to wor8 in a
factor# for more than fort#*eight hours in an# wee8.
,*. +EE-L) HOLIDA)S. +1, 4o adult wor8er shall "e re5uired or allowed to wor8 in a
factor# on the first da# of the wee8 +hereinafter referred to as the said da#,- unless * +a,
he has or will have a holida# for a whole da# on one of the three da#s immediatel#
"efore or after the said da#- and
+", the manager of the factor# has- "efore the said da# or the su"stituted da# under
clause +a,- whichever is earlier- * +i, delivered a notice at the office of the (nspector of his
intention to re5uire the wor8er to wor8 on the said da# and of the da# which is to "e
su"stituted- and
+ii, displa#ed a notice to that effect in the factor# ) $rovided that no su"stitution shall "e
made which will result in an# wor8er wor8ing for more than ten da#s consecutivel#
without a holida# for a whole da#.
+2, 4otices given under su"*section +1, ma# "e cancelled "# a notice delivered at the
office of the (nspector and a notice displa#ed in the factor# not later than the da# "efore
the said da# or the holida# to "e cancelled- whichever is earlier.
+3, 6here- in accordance with the provisions of su"*section +1,- an# wor8er wor8s on
the said da# and has had a holida# on one of the three da#s immediatel# "efore it- that
said da# shall- for the purpose of calculating his wee8l# hours of wor8- "e included in
the preceding wee8.
,!. COMPENSATOR) HOLIDA)S. +1, 6here- as a result of the passing of an order or
the ma8ing of a rule under the provisions of this Act e.empting a factor# or the wor8ers
therein from the provisions of section 52- a wor8er is deprived of an# of the wee8l#
holida#s for which provision is made in su"*section +1, of that section- he shall "e
allowed- within the month in which the holida#s were due to him or within the two
months immediatel# following that month- compensator# holida#s of e5ual num"er to
the holida#s so lost.
+2, %he /tate 7overnment ma# prescri"e the manner in which the holida#s for which
provision is made in su"*section +1, shall "e allowed.
,&. DAIL) HO%RS. /u"9ect to the provisions of section 51- no adult wor8er shall "e
re5uired or allowed to wor8 in a factor# for more than nine hours in an# da# )
$rovided that- su"9ect to the previous approval of the 0hief inspector- the dail#
ma.imum hours specified in this section ma# "e e.ceeded in order to facilitate the
change of shifts.
,,. INTER"ALS #OR REST. +1, %he periods of wor8 of adult wor8ers in a factor# each
da# shall "e so fi.ed that no period shall e.ceed five hours and that no wor8er shall
wor8 for more than five hours "efore he has had an interval for rest of at least half an
hour.
+2, %he /tate 7overnment or- su"9ect to the control of the /tate 7overnment- the 0hief
(nspector- ma#- "# written order and for the reasons specified therein- e.empt an#
factor# from the provisions of su"*section +1, so however that the total num"er of hours
wor8ed "# a wor8er without an interval does not e.ceed si..
,6. SPREADO"ER. %he periods of wor8 of an adult wor8er in a factor# shall "e so
arranged that inclusive of his intervals for rest under section 55- the# shall not
spreadover more than ten and a half hours in an# da# ) $rovided that the 0hief
(nspector ma#- for reasons to "e specified in in writing- increase the spreadover up to
twelve hours.
,'. NI$HT SHI#TS. 6here a wor8er in a factor# wor8s on a shift which e.tends
"e#ond midnight- * +a, for the purposes of sections 52 and 53- a holida# for a whole da#
shall mean in his case a period of twent#*four consecutive hours "eginning when his
shift ends:
+", the following da# for him shall "e deemed to "e the period of twent#*four hours
"eginning when such shift ends- and the hours he has wor8ed after midnight shall "e
counted in the previous da#.
,(. PROHIBITION O# O"ERLAPPIN$ SHI#TS. +1, 6or8 shall not "e carried on in
an# factor# "# means of a s#stem of shifts so arranged that more than one rela# of
wor8ers is engaged- in wor8 of the same 8ind at the same time.
+2, %he /tate 7overnment or su"9ect to the control of the /tate 7overnment- the 0hief
(nspector- ma#- "# written order and for the reasons specified therein- e.empt on such
conditions as ma# "e deemed e.pedient- an# factor# or class or description of factories
or an# department or section of a factor# or an# categor# or description of wor8ers
therein from the provisions of su"*section +1,.
,9. EXTRA +A$ES #OR O"ERTIME. +1, 6here a wor8er wor8s in a factor# for more
than nine hours in an# da# or for more than fort#*eight hours in an# wee8- he shall- in
respect of overtime wor8- "e entitled to wages at the rate of twice his ordinar# rate of
wages.
+2, For the purposes of su"*section +1,- 1ordinar# rate of wages1 means the "asic wages
plus such allowances- including the cash e5uivalent of the advantage accruing through
the concessional sale to wor8ers of foodgrains and other articles- as the wor8er is for
the time "eing entitled to- "ut does not include a "onus and wages for overtime wor8.
+3, 6here an# wor8ers in a factor# are paid on a piece*rate "asis- the time rate shall "e
deemed to "e e5uivalent to the dail# average of their full*time earnings for the da#s on
which the# actuall# wor8ed on the same or identical 9o" during the month immediatel#
preceding the calendar month during which the overtime wor8 was done- and such time
rates shall "e deemed to "e the ordinar# rates of wages of those wor8ers )
$rovided that in the case of a wor8er who has not wor8ed in the immediatel# preceding
calendar month on the same or identical 9o"- the time rate shall "e deemed to "e
e5uivalent to the dail# average of the earnings of the wor8er for the da#s on which he
actuall# wor8ed in the wee8 in which the overtime wor8 was done.
!.planation ) For the purposes of this su"*section- in computing the earnings for the
da#s on which the wor8er actuall# wor8ed such allowances- including the cash
e5uivalent of the advantage accruing through the concessional sale to wor8ers of
foodgrains and other articles- as the wor8er is for the time "eing entitled to- shall "e
included "ut an# "onus or wages for overtime wor8 pa#a"le in relation to the period with
reference to which the earnings are "eing computed shall "e e.cluded.
+2, %he cash e5uivalent of the advantage accruing through the concessional sale to a
wor8er of foodgrains and other articles shall "e computed as often as ma# "e
prescri"ed on the "asis of the ma.imum 5uantit# of foodgrains and other articles
admissi"le to a standard famil#.
!.planation 1 ) /tandard famil# means a famil# consisting of the wor8er- his or her
spouse and two children "elow the age of fourteen #ears re5uiring in all three adult
consumption units.
!.planation 2 ) Adult consumption unit means the consumption unit of a male a"ove the
age of fourteen #ears: and the consumption unit of a female a"ove the age of fourteen
#ears and that of a child "elow the age of fourteen #ears shall "e calculated at the rates
of ?.= and ?.6 respectivel# of one adult consumption unit.
+5, %he /tate 7overnment ma# ma8e rules prescri"ing * +a, the manner in which the
cash e5uivalent of the advantage accruing through the concessional sale to a wor8er of
foodgrains and other articles shall "e computed: and
+", the registers that shall "e maintained in a factor# for the purpose of securing
compliance with the provisions of this section
60. RESTRICTION ON DO%BLE EMPLO)MENT. 4o adult wor8er shall "e re5uired or
allowed to wor8 in an# factor# on an# da# on which he has alread# "een wor8ing in an#
other factor#- save in such circumstances as ma# "e prescri"ed.
61. NOTICE O# PERIODS O# +OR- #OR AD%LTS. +1, %here shall "e displa#ed
and correctl# maintained in ever# factor# in accordance with the provisions of su"*
section +2, of section 1?=- a notice of periods of wor8 for adults- showing clearl# for
ever# da# the periods during which adult wor8ers ma# "e re5uired to wor8.
+2, %he periods shown in the notice re5uired "# su"*section +1, shall "e fi.ed
"eforehand in accordance with the following provisions of this section- and shall "e such
that wor8ers wor8ing for those periods would not "e wor8ing in contravention of an# of
the provisions of sections 51- 52- 53- 52- 55- 56 and 5=.
+3, 6here all the adult wor8ers in a factor# are re5uired to wor8 during the same
periods- the manager of the factor# shall fi. those periods for such wor8ers generall#.
+2, 6here all the adult wor8ers in a factor# are not re5uired to wor8 during the same
periods- the manager of the factor# shall classif# them into groups according to the
nature of their wor8 indicating the num"er of wor8ers in each group.
+5, For each group which is not re5uired to wor8 on a s#stem of shifts- the manager of
the factor# shall fi. the periods during which the group ma# "e re5uired to wor8.
+6, 6here an# group is re5uired to wor8 on a s#stem of shifts and the rela#s are not to
"e su"9ect to predetermined periodical changes of shifts- the manager of the factor#
shall fi. the periods during which each rela# of the group ma# "e re5uired to wor8.
+<, 6here an# group is to wor8 on a s#stem of shifts and the rela#s are to "e su"9ect to
predetermined periodical changes of shifts- the manager of the factor# shall draw up a
scheme of shifts whereunder the periods during which an# rela# of the group ma# "e
re5uired to wor8 and the rela# which will "e wor8ing at an# time of the da# shall "e
8nown for an# da#.
+=, %he /tate 7overnment ma# prescri"e forms of the notice re5uired "# su"*section +1,
and the manner in which it shall "e maintained.
+9, (n the case of a factor# "eginning wor8 after the commencement of this Act- a cop#
of the notice referred to in su"*section +1, shall "e sent in duplicate to the (nspector
"efore the da# on which wor8 is "egun in the factor#.
+1?, An# proposed change in the s#stem of wor8 in an# factor# which will necessitate a
change in the notice referred to in su"*section +1, shall "e notified to the (nspector in
duplicate "efore the change is made- and e.cept with the previous sanction of the
(nspector- no such change shall "e made until one wee8 has elapsed since the last
change.
6*. RE$ISTER O# AD%LT +OR-ERS. +1, %he manager of ever# factor# shall
maintain a register of adult wor8ers- to "e availa"le to the (nspector at all times during
wor8ing hours- or when an# wor8 is "eing carried on in the factor#- showing * +a, the
name of each adult wor8er in the factor#:
+", the nature of his wor8:
+c, the group- if an#- in which he is included:
+d, where his group wor8s on shifts- the rela# to which he is allotted: and
+e, such other particulars as ma# "e prescri"ed )
$rovided that if the (nspector is of opinion that an# muster roll or register maintained as
a part of the routine of a factor# gives in respect of an# or all the wor8ers in the factor#
the particulars re5uired under this section- he ma#- "# order in writing- direct that such
muster roll or register shall to the corresponding e.tent "e maintained in place of- and
"e treated as- the register of adult wor8ers in that factor#.
+1A, 4o adult wor8er shall "e re5uired or allowed to wor8 in an# factor# unless his name
and other particulars have "een entered in the register of adult wor8ers.
+2, %he /tate 7overnment ma# prescri"e the form of the register of adult wor8ers- the
manner in which it shall "e maintained and the period for which it shall "e preserved.
6'. PROHIBITION O# EMPLO)MENT O# )O%N$ CHILDREN. 4o child who has not
completed his fourteenth #ear shall "e re5uired or allowed to wor8 in an# factor#.
6(. NONAD%LT +OR-ERS TO CARR) TO-ENS. A child who has completed his
fourteenth #ear or an adolescent shall not "e re5uired or allowed to wor8 in an# factor#
unless * +a, a certificate of fitness granted with reference to him under section 69 is in
the custod# of the manager of the factor#: and
+", such child or adolescent carries while he is at wor8 a to8en giving a reference to
such certificate.
69. CERTI#ICATES O# #ITNESS. +1, A certif#ing surgeon shall- on the application of
an# #oung person or his parent or guardian accompanied "# a document signed "# the
manager of a factor# that such person will "e emplo#ed therein if certified to "e fit for
wor8 in a factor#- or on the application of the manager of the factor# in which an# #oung
person wishes to wor8- e.amine such person and ascertain his fitness for wor8 in a
factor#.
+2, %he certif#ing surgeon- after e.amination- ma# grant to such #oung person- in the
prescri"ed form- or ma# renew * +a, a certificate of fitness to wor8 in a factor# as a child-
if he is satisfied that the #oung person has completed his fourteenth #ear- that he has
attained the prescri"ed ph#sical standards and that he is fit for such wor8:
+", a certificate of fitness to wor8 in a factor# as an adult- if he is satisfied that the #oung
person has completed his fifteenth #ear- and is fit for a full da#Bs wor8 in a factor# )
$rovided that unless the certif#ing surgeon has personal 8nowledge of the place where
the #oung person proposes to wor8 and of the manufacturing process in which he will
"e emplo#ed- he shall not grant or renew a certificate under this su"*section until he has
e.amined such place.
+3, A certificate of fitness granted or renewed under su"*section +2, * +a, shall "e valid
onl# for a period of twelve months from the date thereof:
+", ma# "e made su"9ect to conditions in regard to the nature of the wor8 in which the
#oung person ma# "e emplo#ed- or re5uiring re*e.amination of the #oung person "efore
the e.pir# of the period of twelve months.
+2, A certif#ing surgeon shall revo8e an# certificate granted or renewed under su"*
section +2, if in his opinion the holder of it is no longer fit to wor8 in the capacit# stated
therein in a factor#.
+5, 6here a certif#ing surgeon refuses to grant or renew a certificate or a certificate of
the 8ind re5uested or revo8es a certificate- he shall- if so re5uested "# an# person who
could have applied for the certificate or the renewal thereof- state his reasons in writing
for so doing.
+6, 6here a certificate under this section with reference to an# #oung person is granted
or renewed su"9ect to such conditions as are referred to in clause +", of su"*section +3,-
the #oung person shall not "e re5uired or allowed to wor8 in an# factor# e.cept in
accordance with those conditions.
+<, An# fee pa#a"le for a certificate under this section shall "e paid "# the occupier and
shall not "e recovera"le from the #oung person- his parents or guardian.
'1. +OR-IN$ HO%RS #OR CHILDREN. +1, 4o child shall "e emplo#ed or permitted
to wor8- in an# factor# * +a, for more than four and a half hours in an# da#:
+", during the night. !.planation ) For the purposes of this su"*section 1night1 shall
mean a period of at least twelve consecutive hours which shall include the interval
"etween 1? $.A. and 6 A.A.
+2, %he period of wor8 of all children emplo#ed in a factor# shall "e limited to two shifts
which shall not overlap or spread over more than five hours each: and each child shall
"e emplo#ed in onl# one of the rela#s which shall not- e.cept with the previous
permission in writing of the 0hief (nspector- "e changed more fre5uentl# than once in a
period of thirt# da#s.
+3, %he provisions of section 52 shall appl# also to child wor8ers and no e.emption from
the provisions of that section ma# "e granted in respect of an# child.
+2, 4o child shall "e re5uired or allowed to wor8 in an# factor# on an# da# on which he
has alread# "een wor8ing in another factor#.
+5, 4o female child shall "e re5uired or allowed to wor8 in an# factor# e.cept "etween =
A.A. and < $.A.
'!. RE$ISTER O# CHILD +OR-ERS. +1, %he manager of ever# factor# in which
children are emplo#ed shall maintain a register of child wor8ers- to "e availa"le to the
(nspector at all times during wor8ing hours or when an# wor8 is "eing carried on in a
factor#- showing * +a, the name of each child wor8er in the factor#-
+", the nature of his wor8-
+c, the group- if an#- in which he is included-
+d, where his group wor8s in shifts- the rela# to which he is allotted- and
+e, the num"er of his certificate of fitness granted under section 69.
+1A, 4o child wor8er shall "e re5uired or allowed to wor8 in an# factor# unless his name
and other particulars have "een entered in the register of child wor8ers.
+2, %he /tate 7overnment ma# prescri"e the form of the register of child wor8ers- the
manner in which it shall "e maintained and the period for which it shall "e preserved.
!4 PA)MENT O# BON%S ACT, 196,
[Act 4o. 21 of &ear 1965- dated 25th. /eptem"er- 1965]
[An Act to provide for the pa#ment of "onus to persons emplo#ed in certain
esta"lishments on the "asis of profits or on the "asis of production or productivit# and
for matters connected therewith]. e it enacted "# $arliament in the /i.teenth &ear of
the 'epu"lic of (ndia as follows-*
1. S52rt tit6e, e7tent 1n8 1pp6ic1ti2n
+1, %his Act ma# "e called the $a#ment of onus Act- 1965.
+2, (t e.tends to the whole of (ndia 2[GGG].
+3, /ave as otherwise provided in this Act- it shall appl# to-*
+a, ever# factor#: and
+", ever# other esta"lishment in which twent# or more persons are emplo#ed on an#
da# during an accounting #ear.
3[$'O@(E!E that the appropriate government ma#- after giving not less than two
monthsB notice of its intention so to do- "# notification in the Official 7a;ette- appl# the
provisions of this Act with effect from such accounting #ear as ma# "e specified in the
notification- to an# esta"lishment or class of esta"lishments [including an esta"lishment
"eing a factor# within the meaning of su"*clause +ii, of clause +m, of section 2 of the
Factories Act- 192= +63 of 192=,] emplo#ing such num"er of persons less than twent#
as ma# "e specified in the notification: so- however- that the num"er of persons so
specified shall in no case "e less than ten.]
+2, /ave as otherwise provided in this Act- the provisions of this Act shall- in relation to a
factor# or other esta"lishment to which this Act applies- have effect in respect of the
accounting #ear commencing on an# da# in the #ear 1962 and in respect of ever#
su"se5uent accounting #ear)
2[$'O@(E!E that in relation to the /tate of >ammu and Hashmir- the reference to the
accounting #ear commencing on an# da# in the #ear 1962- and ever# su"se5uent
accounting #ear shall "e construed as reference to the accounting #ear commencing on
an# da# in the #ear 196= and ever# su"se5uent accounting #ear)]
3[$'O@(E!E FF'%D!' that when the provisions of this Act have "een made
applica"le to an# esta"lishment or class of esta"lishments "# the issue of a notification
under the proviso to su"*section +3,- the reference to the accounting #ear commencing
on an# da# in the #ear 1962 and ever# su"se5uent accounting #ear or- as the case ma#
"e- the reference to the accounting #ear commencing on an# da# in the #ear 196= and
ever# su"se5uent accounting #ear- shall- in relation to such esta"lishment or class of
esta"lishments- "e construed as a reference to the accounting #ear specified in such
notification and ever# su"se5uent accounting #ear.]
+5, An esta"lishment to which this Act applies 5[GGG] shall continue to "e governed "#
this Act notwithstanding that the num"er of persons emplo#ed therein falls "elow twent#
3[or- as the case ma# "e- the num"er specified in the notification issued under the
proviso to su"*section +3,].
*. De9initi2ns
(n this Act- unless the conte.t otherwise re5uires-
+1, 1accounting #ear1 means-*
+i, in relation to a corporation- the #ear ending on the da# on which the "oo8s and
accounts of the corporation are to "e closed and "alanced:
+ii, in relation to a compan#- the period in respect of which an# profit and loss account of
the compan# laid "efore it in annual general meeting is made up- whether that period is
a #ear or not-
+iii, in an# other case-*
+a, the #ear commencing on the lst da# of April: or
+", if the accounts of an esta"lishment maintained "# the emplo#er thereof are closed
and "alanced on an# da# other than the 31st da# of Aarch- then- at the option of the
emplo#er- the #ear ending on the da# on which its accounts are so closed and
"alanced)
$'O@(E!E that an option once e.ercised "# the emplo#er under paragraph +", of this
su"*clause shall not again "e e.ercised e.cept with the previous permission in writing of
the prescri"ed authorit# and upon such conditions as that authorit# ma# thin8 fit:
+2, 1agricultural income1 shall have the same meaning as in the (ncome*ta. Act:
+3, 1agricultural income ta. law1 means an# law for the time "eing in force relating to the
lev# of ta. on agricultural income:
+2, 1alloca"le surplus1 means-*
+a, in relation to an emplo#er- "eing a compan# 6[+other than a "an8ing compan#, which
has not made the arrangements prescri"ed under the (ncome %a. Act for the declaration
and pa#ment within (ndia of the dividends pa#a"le out of its profits in accordance with
the provisions of section 192 of that Act- si.t#*seven per cent of the availa"le surplus in
an accounting #ear:
+", in an# other case- si.t# per cent of such availa"le surplus:
+5, 1appropriate government1 means-*
+i, in relation to an esta"lishment in respect of which the appropriate government under
the (ndustrial Eisputes Act- 192< +12 of 192<,- is the 0entral 7overnment- the 0entral
7overnment:
+ii, in relation to an# other esta"lishment- the 7overnment of the /tate in which that
other esta"lishment is situate:
+6, 1availa"le surplus1 means the availa"le surplus computed under section 5:
+<, 1award1 means an interim or a final determination of an# industrial dispute or of an#
5uestion relating thereto "# an# Ca"our 0ourt- (ndustrial %ri"unal or 4ational %ri"unal
constituted under the (ndustrial Eisputes Act- 192< +12 of 192<,- or "# an# other
authorit# constituted under an# corresponding law relating to investigation and
settlement of industrial disputes in force in a /tate and includes an ar"itration award
made under section 1?A of that Act or under that law:
+=, 1"an8ing compan#1 means a "an8ing compan# as defined in section 5 of the
an8ing 0ompanies Act- 1929 +1? of 1929,- and includes the /tate an8 of (ndia- an#
su"sidiar# "an8 as defined in the /tate an8 of (ndia +/u"sidiar# an8s, Act- 1959 +3=
of 1959,- 3[an# corresponding new "an8 specified in the First /chedule to the an8ing
0ompanies +Ac5uisition and %ransfer of Fnderta8ings, Act- 19<? +5 of 19<?,]- 6[an#
corresponding new "an8 constituted under section 3 of the an8ing 0ompanies
+Ac5uisition and %ransfer of Fnderta8ings, Act- 19=? +2? of 19=?,]- an# co*operative
"an8 as defined in clause +"ii, of section 2 of the 'eserve an8 of (ndia Act- 1932 +2 of
1932, and an# other "an8ing institution which ma# "e notified in this "ehalf "# the
0entral 7overnment:
+9, 1compan#1 means an# compan# as defined in section 3 of the 0ompanies Act- 1956
+1 of 1956, and includes a foreign compan# within the meaning of section 591 of that
Act:
+1?, 1co*operative societ# 1 means a societ# registered or deemed to "e registered
under the 0o*operative /ocieties Act- 1912 +2 of 1912,- or an# other law for time "eing
in force in an# /tate relating to co*operative societies:
+11, 1corporation1 means an# "od# corporate esta"lished "# or under an# 0entral-
$rovincial or /tate Act "ut does not include a compan# or a co*operative societ#:
+12, 1direct ta.1 means-*
+a, an# ta. chargea"le under-*
+i, the (ncome*ta. Act:
+ii, the /uper $rofits %a. Act- 1963 +12 of 1963,:
+iii, the 0ompanies +$rofits, /urta. Act- 1962 +< of 1962,:
+iv, the agricultural income ta. law: and
+", an# other ta. which- having regard to its nature or incidence- ma# "e declared "# the
0entral 7overnment- "# notification in the Official 7a;ette- to "e a direct ta. for the
purposes of this Act:
+13, 1emplo#ee1 means an# person +other than an apprentice, emplo#ed on a salar# or
wage not e.ceeding <[three thousand and five hundred rupees] per mensem in an#
industr# to do an# s8illed or uns8illed manual- supervisor#- managerial- administrative-
technical or clerical wor8 for hire or reward- whether the terms of emplo#ment "e
e.press or implied:
+12, 1emplo#er1 includes-*
+i, in relation to an esta"lishment which is a factor#- the owner or occupier of the factor#-
including the agent of such owner or occupier- the legal representative of a deceased
owner or occupier and where a person has "een named as a manager of the factor#
under clause +f, of su"*section +1, of section < of the Factories Act- 192= +63 of 192=,-
the person so named: and
+ii, in relation to an# other esta"lishment- the person who- or the authorit# which- has
the ultimate control over the affairs of the esta"lishment and where the said affairs are
entrusted to a manager- managing director or managing agent- such manager-
managing director or managing agent:
+15, 1esta"lishment in private sector1 means an# esta"lishment other than an
esta"lishment in pu"lic sector:
+16, 1esta"lishment in pu"lic sector1 means an esta"lishment owned- controlled or
managed "#-*
+a, a government compan# as defined in section 61< of the 0ompanies Act- 1956 +1 of
1956,:
+", a corporation in which not less than fort# per cent of its capital is held +whether
singl# or ta8en together, "#-*
+i, the government: or
+ii, the 'eserve an8 of (ndia: or
+iii, a corporation owned "# the government or the 'eserve an8 of (ndia:
+1<, 1factor#1 shall have the same meaning as in clause +m, of section 2 of the Factories
Act- 192= +63 of 192=,:
+1=, 1gross profits1 means the gross profits calculated under section 2:
+19, 1(ncome %a. Act1 means the (ncome %a. Act- 1961- +23 of 1961,:
+2?, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+21, 1salar# or wages 1 means all remuneration +other than remuneration in respect of
over*time wor8, capa"le of "eing e.pressed in terms of mone#- which would- if the
terms of emplo#ment- e.press or implied- were fulfilled- "e pa#a"le to an emplo#ee in
respect of his emplo#ment or of wor8 done in such emplo#ment and includes dearness
allowance +that is to sa#- all cash pa#ments- "# whatever name called- paid to an
emplo#ee on account of a rise in the cost of living,- "ut does not include-*
+i, an# other allowance which the emplo#ee is for the time "eing entitled to:
+ii, the value of an# house accommodation or of suppl# of light- water- medical
attendance or other amenit# or of an# service or of an# concessional suppl# of
foodgrains or other articles:
+iii, an# travelling concession:
+iv, an# "onus +including incentive- production and attendance "onus,:
+v, an# contri"ution paid or pa#a"le "# the emplo#er to an# pension fund or provident
fund or for the "enefit of the emplo#ee under an# law for the time "eing in force:
+vi, an# retrenchment compensation or an# gratuit# or other retirement "enefit pa#a"le
to the emplo#ee or an# e. gratia pa#ment made to him:
+vii, an# commission pa#a"le to the emplo#ee.
!.planation) 6here an emplo#ee is given in lieu of the whole or part of the salar# or
wages pa#a"le to him- free food allowance or free food "# his emplo#er- such food
allowance or the value of such food shall- for the purpose of this clause- "e deemed to
form part of the salar# or wages of such emplo#ee:
+22, 6ords and e.pressions used "ut not defined in this Act and defined in the (ndustrial
Eisputes Act- 192<-+12 of 192<,- shall have the meanings respectivel# assigned to them
in that Act.
!. Est1:6is5;ents t2 inc6<8e 8ep1rt;ents, <n8ert1=in>s 1n8 :r1nc5es
6here an esta"lishment consists of different departments or underta8ings or has
"ranches- whether situated in the same place or in different places- all such
departments or underta8ings or "ranches shall "e treated as parts of the same
esta"lishment for the purpose of computation of "onus under this Act)
$'O@(E!E that where for an# accounting #ear a separate "alance*sheet and profit and
loss account are prepared and maintained in respect of an# such department or
underta8ing or "ranch- then- such department or underta8ing or "ranch shall "e treated
as a separate esta"lishment for the purpose of computation of "onus- under this Act for
that #ear- unless such department or underta8ing or "ranch was- immediatel# "efore the
commencement of that accounting #ear treated as part of the esta"lishment for the
purpose of computation of "onus.
=[&. C2;p<t1ti2n 29 >r2ss pr29its
%he gross profits derived "# an emplo#er from an esta"lishment in respect of the
accounting #ear shall-*
+a, in the case of a "an8ing compan#- "e calculated in the manner specified in the First
/chedule:
+", in an# other case- "e calculated in the manner specified in the /econd /chedule.]
,. C2;p<t1ti2n 29 1?1i61:6e s<rp6<s
%he availa"le surplus in respect of an# accounting #ear shall "e the gross profits for that
#ear after deducting therefrom the sums referred to in section 6)
9[$'O@(E!E that the availa"le surplus in respect of the accounting #ear commencing
on an# da# in the #ear 196= and in respect of ever# su"se5uent accounting #ear shall
"e the aggregate of-*
+a, the gross profits for that accounting #ear after deducting therefrom the sums referred
to in section 6: and
+", an amount e5ual to the difference "etween-*
+i, the direct ta.- calculated in accordance with the provisions of section <- in respect of
an amount e5ual to the gross profits of the emplo#er for the immediatel# preceding
accounting #ear: and
+ii, the direct ta.- calculated in accordance with provisions of section <- in respect of an
amount e5ual to the gross profits of the emplo#er for such preceding accounting #ear
after deducting therefrom the amount of "onus which the emplo#er has paid or is lia"le
to pa# to his emplo#ees in accordance with the provisions of this Act for that #ear.]
6. S<;s 8e8<cti:6e 9r2; >r2ss pr29its
%he following sums shall "e deducted from the gross profits as prior charges- namel#)*
+a, an# amount "# wa# of depreciation admissi"le in accordance with the provisions of
the su"*section +1, of section 32 of the (ncome %a. Act or in accordance with the
provisions of the agricultural income ta. law- as the case ma# "e)
$'O@(E!E that where an emplo#er has "een pa#ing "onus to his emplo#ees under a
settlement or an award or agreement made "efore the 29th Aa#- 1965- and su"sisting
on that date after deducting from the gross profits notional normal depreciation- then-
the amount of depreciation to "e deducted under this clause shall- at the option of such
emplo#er +such option to "e e.ercised once and within one #ear from date, continue to
"e such notional normal depreciation:
+", an# amount "# wa# of 1?[development re"ate or investment allowance or
development allowance] which the emplo#er is entitled to deduct from his income under
the (ncome %a. Act:
+c, su"9ect to the provisions of section <- an# direct ta. which the emplo#er is lia"le to
pa# for the accounting #ear in respect of his income- profits and gains during that #ear:
+d, such further sums as are specified in respect of the emplo#er in the 11[%hird
/chedule.]
'. C16c<61ti2n 29 8irect t17 p1@1:6e :@ t5e e;p62@er
12[An# direct ta. pa#a"le "# the emplo#er for an# accounting #ear shall- su"9ect to the
following provisions- "e calculated at the rates applica"le to the income of the emplo#er
for that #ear- namel#-*
+a, in calculating such ta. no account shall "e ta8en of-*
+i, an# loss incurred "# the emplo#er in respect of an# previous accounting #ear and
carried forward under an# law for the time "eing in force relating to direct ta.es:
+ii, an# arrears of depreciation which the emplo#er is entitled to add to the amount of the
allowance for depreciation for an# following accounting #ear or #ears under su"*section
+2, of section 32 of the (ncome %a. Act:
+iii, an# e.emption conferred on the emplo#er under section =2 of the (ncome %a. Act or
of an# deduction to which he is entitled under su"*section +1, of section 1?1 of that Act-
as in force immediatel# "efore the commencement of the Finance Act- 1965 +1? of
1965,:
+", 6here the emplo#er is a religious or a charita"le institution to which the provisions of
section 32 do not appl# and the whole or an# part of its income is e.empt from ta.
under the (ncome %a. Act- then- with respect to the income so e.empted- such
institution shall "e treated as if it were a compan# in which the pu"lic are su"stantiall#
interested within the meaning of that Act:
+c, where the emplo#er is an individual or a Dindu Fndivided Famil#- the ta. pa#a"le "#
such emplo#er under the (ncome %a. Act shall "e calculated on the "asis that the
income derived "# him from the esta"lishment is his onl# income:
+d, where the income of an# emplo#er includes an# profits and gains derived from the
e.port of an# goods or merchandise out of (ndia and an# re"ate on such income is
allowed under an# law for the time "eing in force relating to direct ta.es- then- no
account shall "e ta8en of such re"ate:
+e, no account shall "e ta8en of an# re"ate 1?[other than development re"ate or
investment allowance or development allowance] or credit or relief or deduction +not
herein"efore mentioned in this section, in the pa#ment of an# direct ta. allowed under
an# law for the time "eing in force relating to direct ta.es or under the relevant annual
Finance Act- for the development of an# industr#.
(. E6i>i:i6it@ 92r :2n<s
!ver# emplo#ee shall "e entitled to "e paid "# his emplo#er in an accounting #ear-
"onus- in accordance with the provisions of this Act- provided he has wor8ed in the
esta"lishment for not less than thirt# wor8ing da#s in that #ear.
9. DisA<16i9ic1ti2n 92r :2n<s
4otwithstanding an#thing contained in this Act- an emplo#ee shall "e dis5ualified from
receiving "onus under this Act- if he is dismissed from service for-*
+a, fraud: or
+", riotous or violent "ehaviour while on the premises of the esta"lishment: or
+c, theft- misappropriation or sa"otage of an# propert# of the esta"lishment.
1?[10. P1@;ent 29 ;ini;<; :2n<s
/u"9ect to the other provisions of this Act- ever# emplo#er shall "e "ound to pa# to
ever# emplo#ee in respect of the accounting #ear commencing on an# da# in the #ear
19<9 and in respect of ever# su"se5uent accounting #ear- a minimum "onus which shall
"e =.33 per cent of the salar# or wages earned "# the emplo#ee during the accounting
#ear or one hundred rupees- whichever is higher- whether or not the emplo#er has an#
alloca"le surplus in the accounting #ear)
$'O@(E!E that where an emplo#ee has not completed fifteen #ears of age at the
"eginning of the accounting #ear- the provisions of this section shall have effect in
relation to such emplo#ee as if for the words 1one hundred rupees1 the words 1si.t#
rupees1 were su"stituted.]
11. P1@;ent 29 ;17i;<; :2n<s
+1, 6here in respect of an# accounting #ear referred to in section 1?- the alloca"le
surplus e.ceeds the amount of minimum "onus pa#a"le to the emplo#ees under that
section- the emplo#er shall- in lieu of such minimum "onus- "e "ound to pa# to ever#
emplo#ee in respect of that accounting #ear "onus which shall "e an amount in
proportion to the salar# or wages earned "# the emplo#ee during the accounting #ear
su"9ect to a ma.imum of twent# per cent of such salar# or wage.
+2, (n computing the alloca"le surplus under this section- the amount set on or the
amount set off under the provisions of section 15 shall "e ta8en into account in
accordance with the provisions of that section.
13[1*. C16c<61ti2n 29 :2n<s Bit5 respect t2 cert1in e;p62@ees
6here the salar# or wages of an emplo#ee e.ceeds two thousand and five hundred
rupees per mensem- the "onus pa#a"le to such emplo#ee under section 1? or- as the
case ma# "e- under section 11- shall "e calculated as if his salar# or wages were 12[two
thousand and five hundred rupees] per mensem.]
15[1!. Pr2p2rti2n1te 8e8<cti2n in :2n<s in cert1in c1ses
6here an emplo#ee has not wor8ed for all the wor8ing da#s in an accounting #ear- the
minimum "onus of one hundred rupees or- as the case ma# "e- of si.t# rupees- if such
"onus is higher than =.33 per cent of his salar# or wage of the da#s he has wor8ed in
that accounting #ear- shall "e proportionatel# reduced.]
1&. C2;p<t1ti2n 29 n<;:er 29 B2r=in> 81@s
For the purposes of section 13- an emplo#ee shall "e deemed to have wor8ed in an
esta"lishment in an# accounting #ear also on the da#s on which-*
+a, he has "een laid off under an agreement or as permitted "# standing orders under
the (ndustrial !mplo#ment +/tanding Orders, Act- 1926 +2? of 1926,- or under the
(ndustrial Eisputes Act- 192<- +12 of 192<,- or under an# other law applica"le to the
esta"lishment:
+", he has "een on leave with salar# or wages:
+c, he has "een a"sent due to temporar# disa"lement caused "# accident arising out of
and in the course of his emplo#ment- and
+d, the emplo#ee has "een on maternit# leave with salar# or wages- during the
accounting #ear.
16[1,. Set 2n 1n8 set 299 29 1662c1:6e s<rp6<s
+1, 6here for an# accounting #ear- the alloca"le surplus e.ceeds the amount of
ma.imum "onus pa#a"le to the emplo#ees in the esta"lishment under section 11- then-
the e.cess shall- su"9ect to a limit of twent# per cent of the total salar# or wages of the
emplo#ees emplo#ed in the esta"lishment in that accounting #ear- "e carried forward for
"eing set on in the succeeding accounting #ear and so on up to and inclusive of the
fourth accounting #ear to "e utilised for the purpose of pa#ment of "onus in the manner
illustrated in the Fourth /chedule.
+2, 6here for an# accounting #ear- there is no availa"le surplus or the alloca"le surplus
in respect of that #ear falls short of the amount of minimum "onus pa#a"le to the
emplo#ees in the esta"lishment under section 1?- and there is no amount or sufficient
amount carried forward and set on under su"*section +1, which could "e utilised for the
purpose of pa#ment of the minimum "onus- then such minimum amount or the
deficienc#- as the case ma# "e- shall "e carried forward for "eing set off in the
succeeding accounting #ear and so on up to and inclusive of the fourth accounting #ear
in the manner illustrated in the Fourth /chedule.
+3, %he principle of set on and set off as illustrated in the Fourth /chedule shall appl# to
all other cases not covered "# su"*section +1, or su"*section +2, for the purpose of
pa#ment of "onus under this Act.
+2, 6here in an# accounting #ear an# amount has "een carried forward and set on or
set off under this section- then- in calculating "onus for the succeeding accounting #ear-
the amount of set on or set off carried forward from the earliest accounting #ear shall
first "e ta8en into account.]
&] +OR-MEN.S COMPENSATION ACT, 19*!
CHAPTER I C PRELIMINAR)
1. S52rt tit6e e7ten8 1n8 c2;;ence;ent +1, %his Act ma# "e called the 6or8menBs
0ompensation Act 1923.
+2, (t e.tends to the whole of (ndia.
+3, (t shall come into force on the first da# of >ul# 1922.
*. De9initi2ns In t5is Act <n6ess t5ere is 1n@t5in> rep<>n1nt in t5e s<:Dect 2r
c2nte7t *
[0lause +a, omitted w.e.f. 1*6*1959.]
+", 10ommissioner1 means a 0ommissioner for 6or8menBs 0ompensation appointed
under section 2?:
+c, 1compensation1 means compensation as provided for "# this Act:
+d, 1dependent1 means an# of the following relatives of a deceased wor8man namel# )*
+i, a widow a minor legitimate or adopted son an unmarried legitimate or adopted
daughter or a widowed mother: and
+ii, if wholl# dependant on the earnings of the wor8man at the time of his death a son or
a daughter who has attained the age of 1= #ears and who is infirm:
+iii, if wholl# or in part dependant on the earnings of the wor8man at the time of his
death*
+a, a widower
+", a parent other than a widowed mother
+c, a minor illegitimate son an unmarried illegitimate daughter or a daughter legitimate
or illegitimate or adopted if married and a minor or if widowed and minor
+d, a minor "rother or an unmarried sister or a widowed sister if a minor +e, a widowed
daughter*in*law
+f, a minor child of a pre*deceased son
+g, a minor child of a pre*deceased daughter where no parent of the child is alive or
+h, a paternal grandparent if no parent of the wor8man is alive:
!.planation ) For the purpose of su"*clause +ii, and items +f, and +g, of su"*clause +iii,
references to a son daughter or child include an adopted son daughter or child
respectivel#.
+e, 1emplo#er1 includes an# "od# of persons whether incorporated or not and an#
managing agent of an emplo#er and the legal representative of a deceased emplo#er
and when the services of a wor8man are temporaril# lent or let on hire to another
person "# the person with whom the wor8man has entered into a contract of service or
apprenticeship means such other person while the wor8man is wor8ing for him:
+f, 1managing agent1 means an# person appointed or acting as the representative of
another person for the purpose of carr#ing on such other personBs trade or "usiness "ut
does not include an individual manager su"ordinate to an emplo#er:
+ff, 1minor1 means a person who has not attained the age of 1= #ears:
+g, 1partial disa"lement1 means where the disa"lement is of a temporar# nature such
disa"lement as reduces the earning capacit# of a wor8man in an# emplo#ment in which
he was engaged at the time of the accident resulting in the disa"lement and where the
disa"lement is of a permanent nature such disa"lement as reduces his earning capacit#
in ever# emplo#ment which he was capa"le of underta8ing at that time )
$rovided that ever# in9ur# specified in $art (( of /chedule shall "e deemed to result in
permanent partial disa"lement:
+h, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+i, 15ualified medical practitioner1 means an# person registered under an# 0entral Act or
an Act of the Cegislature of a /tate providing for the maintenance of a register of
medical practitioners or in an# area where no such last*mentioned Act is in force an#
person declared "# the /tate 7overnment "# notification in the Official 7a;ette to "e a
5ualified medical practitioner for the purpose of this Act:
[0lause +9, omitted "# Act 15 of 1933]
+8, 1seaman1 means an# person forming part of the crew of an# ship "ut does not
include the master of the ship:
+l, 1total disa"lement1 means such disa"lement whether of a temporar# or permanent
nature as incapacitates a wor8man for all wor8 which he was capa"le of performing at
the time of the accident resulting in such disa"lement )
$rovided that permanent total disa"lement shall "e deemed to result from ever# in9ur#
specified in $art ( of /chedule ( or from an# com"ination of in9uries specified in $art ((
thereof where the aggregate percentage of the loss of earning capacit# as specified in
the said $art (( against those in9uries amount to one hundred per cent or more:
+m, 1wages1 includes an# privilege or "enefit which is capa"le of "eing estimated in
mone# other than a travelling allowance or the value of an# travelling concession or a
contri"ution paid "# the emplo#er of a wor8man towards an# pension or provident fund
or a sum paid to a wor8man to cover an# special e.penses entailed on him "# the
nature of his emplo#ment:
+n, 1wor8man1 means an# person +other than a person whose emplo#ment is of a
casual nature and who is emplo#ed otherwise than for the purposes of the emplo#erBs
trade or "usiness, who is *
+i, a railwa# servant as defined in /ection 3 of the (ndian 'ailwa#s Act 1=9? +9 of 1=9?,
not permanentl# emplo#ed in an# administrative district or su"*divisional office of a
railwa# and not emplo#ed in an# such capacit# as is specified in /chedule (( or
+ia,+a, a master seaman or other mem"er of the crew of a ship.
+", a captain or other mem"er of the crew of an aircraft
+c, a person recruited as driver helper mechanic cleaner or in an# other capacit# in
connection with a motor vehicle
+d, a person recruited for wor8 a"road "# a compan# and who is emplo#ed outside (ndia
in an# such capacit# as is specified in /chedule (( and the ship aircraft or motor vehicle
or compan# as the case ma# "e is registered in (ndia or:
+ii, emplo#ed in an# such capacit# as is specified in /chedule (( whether the contract of
emplo#ment was made "efore or after the passing of this Act and whether the contract
is e.pressed or implied oral or in writing: "ut does not include an# person wor8ing in the
capacit# of a mem"er of the Armed Forces of the Fnion: and an# reference to a
wor8man who has "een in9ured shall where the wor8man is dead includes a reference
to his dependants or an# of them.
+2, %he e.ercise and performance of the powers and duties of a local authorit# or of an#
department acting on "ehalf of the 7overnment shall for the purposes of this Act unless
a contrar# intention appears "e deemed to "e the trade or "usiness of such authorit# or
department.
+3, %he 0entral 7overnment or the /tate 7overnment after giving "# notification in the
Official 7a;ette not less than three monthsB notice of its intention so to do ma# "# a li8e
notification add to /chedule (( an# class of persons emplo#ed in an# occupation which it
is satisfied is a ha;ardous occupation and the provisions of this Act shall thereupon
appl# in case of notification "# the 0entral 7overnment within the territories to which the
Act e.tends or in the case of a notification "# a /tate 7overnment within the /tate to
such classes of persons )
$rovided that in ma8ing addition the 0entral 7overnment or the /tate 7overnment as
the case ma# "e ma# direct that the provisions of this Act shall appl# to such classes of
persons in respect of specified in9uries onl#.
CHAPTER II. +OR-MEN.S COMPENSATION
!. E;p62@er.s 6i1:i6it@ 92r c2;pens1ti2n
+1, (f personal in9ur# is caused to a wor8man "# accident arising out of and in the course
of his emplo#ment his emplo#er shall "e lia"le to pa# compensation in accordance with
the provisions of this 0hapter )
$rovided that the emplo#er shall not "e so lia"le *
+a, in respect of an# in9ur# which does not result in the total or partial disa"lement of the
wor8man for a period e.ceeding three da#s:
+", in respect of an# in9ur# not resulting in death or permanent total disa"lement caused
"# an accident which is directl# attri"uta"le to *
the wor8man having "een at the time thereof under the influence of drin8 or drugs or the
wilful diso"edience of the wor8man to an order e.pressl# given or to a rule e.pressl#
framed for the purpose of securing the safet# of wor8men or the wilful removal or
disregard "# the wor8man of an# safet# guard or other device he 8new to have "een
provided for the purpose of securing the safet# of wor8man. +2, (f a wor8man emplo#ed
in an# emplo#ment specified in $art A of /chedule ((( contracts an# disease specified
therein as an occupational disease peculiar to that emplo#ment or if a wor8man whilst in
the service of an emplo#er in whose service he has "een emplo#ed for a continuous
period of not less than si. months +which period shall not include a period of service
under an# other emplo#er in the same 8ind of emplo#ment, in an# emplo#ment
specified in $art of /chedule ((( contracts an# disease specified therein as an
occupational disease peculiar to that emplo#ment or if a wor8man whilst in the service
of one or more emplo#ers in an# emplo#ment specified in $art 0 of /chedule ((( for such
continuous period as the 0entral 7overnment ma# specif# in respect of each such
emplo#ment contracts an# disease specified therein as an occupational disease
peculiar to that emplo#ment the contracting of the disease shall "e deemed to "e as
in9ur# "# accident within the meaning of this section and unless the contrar# is proved
the accident shall "e deemed to have arisen out of and in the course of the emplo#ment
)
$rovided that if it proved *
that a wor8man whilst in the service of one or more emplo#ers in an# emplo#ment
specified in $art 0 of /chedule ((( has contracted a disease specified therein as an
occupational disease peculiar to that emplo#ment during a continuous period which is
less than the period specified under this su"*section for that emplo#ment: and that the
disease has arisen out of and in the course of the emplo#ment the contracting of such
disease shall "e deemed to "e an in9ur# "# accident within the meaning of this section )
$rovided further that if it is proved that a wor8man who having served under an#
emplo#er in an# emplo#ment specified in $art of /chedule ((( or who having served
under one or more emplo#ers in an# emplo#ment specified in $art 0 of that /chedule
for a continuous period specified under this su"*section for that emplo#ment and he has
after the cessation of such service contracted an# disease specified in the said $art or
the said $art 0 as the case ma# "e as an occupational disease peculiar to the
emplo#ment and that such disease arose out of the emplo#ment the contracting of the
disease shall "e deemed to "e in9ur# "# accident within the meaning of this section.
+2A, (f a wor8man emplo#ed in an# emplo#ment specified in $art 0 of /chedule (((
contracts an# occupational disease peculiar to that emplo#ment the contracting whereof
is deemed to "e an in9ur# "# accident within the meaning of this section and such
emplo#ment was under more than one emplo#er all such emplo#ers shall "e lia"le for
the pa#ment of the compensation in such proportion as the 0ommissioner ma# in the
circumstances deem 9ust.
+3, %he 0entral 7overnment or the /tate 7overnment after giving "# notification in the
Official 7a;ette not less than three monthsB notice of its intention so to do ma# "# a li8e
notification add an# description of emplo#ment to the emplo#ments specified in
/chedule ((( and shall specif# in the case of emplo#ments so added the diseases which
shall "e deemed for the purposes of this section to "e occupational diseases peculiar to
those emplo#ments respectivel# and thereupon the provisions of su"*section +2, shall
appl# in the case of a notification "# the 0entral 7overnment within the territories to
which this Act e.tends or in case of and notification "# the /tate 7overnment within the
/tate as if such diseases had "een declared "# this Act to "e occupational diseases
peculiar to those emplo#ments.
/ave as provided "# su"*sections +2,- +2A, and +3, no compensation shall "e pa#a"le to
a wor8man in respect of an# disease unless the disease is directl# attri"uta"le to a
specific in9ur# "# accident arising out of and in the course of his emplo#ment. 4othing
herein contained shall "e deemed to confer an# right to compensation on a wor8man in
respect of an# in9ur# if he has instituted in a civil court a suit for damages in respect of
the in9ur# against the emplo#er or an# other person: and no suit for damages shall "e
maintaina"le "# a wor8man in an# court of law in respect of an# in9ur# * +a, if he has
instituted a claim to compensation in respect of the in9ur# "efore a 0ommissioner: or
+", if an agreement has "een come to "etween the wor8man and his emplo#er providing
for the pa#ment of compensation in respect of the in9ur# in accordance with the
provisions of this Act.
&. A;2<nt 29 c2;pens1ti2n
+1, /u"9ect to the provisions of this Act the amount of compensation shall "e as follows
namel# )*
where death results from the in9ur# an amount e5ual to fift# per cent of the monthl#
wages of the deceased wor8man multiplied "# the relevant factor: or an amount of fift#
thousand rupees whichever is more: where permanent total disa"lement results from
the in9ur# an amount e5ual to si.t# per cent of the monthl# wages of the in9ured
wor8man multiplied "# the relevant factor: or an amount of si.t# thousand rupees
whichever is more. !.planation ( ) For the purpose of clause +a, and clause +", relevant
factor in relation to a wor8man means the factor specified in the second column of
/chedule (@ against the entr# in the fits column of that /chedule specif#ing the num"er
of #ears which are the same as the completed #ears of the age of the wor8man on his
"irthda# immediatel# preceding the date on which the compensation fell due:
!.planation (( ) 6here the monthl# wages of a wor8man e.ceed two thousand rupees
his monthl# wages for the purposes of clause +a, and clause +", shall "e deemed to "e
two thousand rupees onl#:
+c, where permanent partial disa"lement results from the in9ur#
in the case of an in9ur# specified in $art (( of /chedule ( such percentage of the
compensation which would have "een pa#a"le in the case of permanent total
disa"lement as is specified therein as "eing the percentage of the lass of earning
capacit# caused "# that in9ur#: and in the case of an in9ur# specified in /chedule ( such
percentage of the compensation pa#a"le in the case of permanent total disa"lement as
is proportionate to the loss of earning capacit# +as assessed "# the 5ualified medical
practitioner, permanentl# caused "# the in9ur#: !.planation ( ) 6here more in9uries than
one are caused "# the same accident the amount of compensation pa#a"le under this
head shall "e aggregated "ut not so in an# case as to e.ceed the amount which would
have "een pa#a"le if permanent total disa"lement had resulted from the in9uries.
!.planation (( ) (n assessing the loss of earning capacit# for the purpose of su"*clause
+ii, the 5ualified medical practitioner shall have due regard to the percentages of loss of
earning capacit# in relation to different in9uries specified in /chedule (:
+d, where temporar# disa"lement whether total or partial results from the in9ur# a half
monthl# pa#ment of the sum e5uivalent to twent#five per cent of monthl# wages of the
wor8man to "e paid in accordance with the provisions of su"*section +2,.
+1A, 4otwithstanding an#thing contained in su"*section +1, while fi.ing the amount of
compensation pa#a"le to a wor8man in respect of an accident occurred outside (ndia
the 0ommissioner shall ta8e into account the amount of compensation if an# awarded
to such wor8man in accordance with the law of the countr# in which the accident
occurred and shall reduce the amount fi.ed "# the amount of compensation awarded to
the wor8man in accordance with the law of that countr#.
+2, %he half*monthl# pa#ment referred to in clause +d, of su"*section +1, shall "e
pa#a"le on the si.teenth da# *
from the date of disa"lement where such disa"lement lasts for a period of twent#*eight
da#s or more or after the e.pir# of a waiting period of three da#s from the date of
disa"lement where such disa"lement lasts for a period of less than twent#*eight da#s:
and thereafter half*monthl# during the disa"lement or during a period of five #ears
whichever period is shorter ) $rovided that *
there shall "e deducted from an# lump sum or half monthl# pa#ments to which the
wor8man is entitled the amount of an# pa#ment or allowance which the wor8man has
received from the emplo#er "# wa# of compensation during the period of disa"lement
prior to the receipt of such lump sum or of the first half monthl# pa#ment as the case
ma# "e: and no half monthl# pa#ment shall in an# case e.ceed the amount if an# "#
which half the amount of the monthl# wages of the wor8man "efore the accident
e.ceeds half the amount of such wages which he is earning after the accident.
!.planation ) An# pa#ment or allowance which the wor8men has received from the
emplo#er towards his medical treatment shall not "e deemed to "e a pa#ment or
allowance received "# him "# wa# of compensation within the meaning of clause +a, of
the proviso.
On the ceasing of the disa"lement "efore the date on which an# half monthl# pa#ment
falls due there shall "e pa#a"le in respect of that half monthl# a sum proportionate to
the duration of the disa"lement in that half month. (f the in9ur# of the wor8man results in
his death the emplo#er shall in addition to the compensation under su"*section +1,
deposit with the 0ommissioner a sum of one thousand rupees for pa#ment of the same
of the eldest surviving dependant of the wor8man towards the e.penditure of the funeral
of such wor8man or where the wor8man did not have a dependant or was not living with
his dependant at the time of his death to the person who actuall# incurred such
e.penditure. 2A. 0ompensation to "e paid when due and penalt# for default
0ompensation under section 2 shall "e paid as soon as it falls due. +2, (n cases where
the emplo#er does not accept the lia"ilit# for compensation to the e.tent claimed he
shall "e "ound to ma8e provisional pa#ment "ased on the e.tent of lia"ilit# which he
accepts and such pa#ment shall "e deposited with the 0ommissioner or made to the
wor8man as the case ma# "e without pre9udice to the right of the wor8man to ma8e an#
further claim.
direct that the emplo#er shall in addition to the amount of the arrears pa# simple interest
thereon at the rate of twelve per cent annum or at such higher rate not e.ceeding the
ma.imum of the lending rates of an# scheduled "an8 as ma# "e specified "# the
0entral 7overnment "# notification in the Official 7a;ette on the amount due: and if in
his opinion there is no 9urisdiction for the dela# direct that the emplo#er shall in addition
to the amount of the arrears and interest thereon pa# a further sum not e.ceeding fift#
per cent of such amount "# wa# of penalt# ) $rovided that an order for the pa#ment of
penalt# shall not "e passed under clause +", without giving a reasona"le opportunit# to
the emplo#er to shoe cause wh# it should not "e passed.
!.planation ) For the purposes of this su"*section 1scheduled "an81 means a "an8 for
the time "eing included in the /econd /chedule to the 'eserve an8 of (ndia Act 1932
+2 of 1932
+3A, %he interest pa#a"le under su"*section +3, shall "e paid to the wor8man or his
dependant as the case ma# "e and the penalt# shall "e credited to the /tate
7overnment.
Aethod of calculating wages (n this Act and for the purpose thereof the e.pression
1monthl# wages1 means the amount of wages deemed to "e pa#a"le for a monthsB
service +whether the wages are pa#a"le "# the month or "# whatever other period or at
piece rates, and calculated as follows namel# )*
where the wor8man has during a continuous period of not less than twelve months
immediatel# preceding the accident "een in the service of the emplo#er who is lia"le to
pa# compensation the monthl# wages of the wor8man shall "e one*twelfth of the total
wages which have fallen due for pa#ment to him "# the emplo#er in the last twelve
months of that period: where the whole of the continuous period of service immediatel#
preceding the accident during which the wor8man was in the service of the emplo#er
who is lia"le to pa# the compensation was less than one month the monthl# wages of
the wor8man shall "e the average monthl# amount which during the twelve months
immediatel# preceding the accident was "eing earned "# a wor8man emplo#ed on the
same wor8 "# the same emplo#er or if there was no wor8man so emplo#ed "# a
wor8man emplo#ed on similar wor8 in the same localit#: in other cases including cases
in which it is not possi"le for want of necessar# information to calculate the monthl#
wages under clause +", the monthl# wages shall "e thirt# times the total wages earned
in respect of the last continuous period of service immediatel# preceding the accident
from the emplo#er who is lia"le to pa# compensation divided "# the num"er of da#s
comprising such period.
!.planation ) A period of service shall for the purposes of this section "e deemed to "e
continuous which has not "een interrupted "# a period of a"sence from wor8 e.ceeding
fourteen da#s.
6. Re?ieB An@ 5169;2nt56@ p1@;ent p1@1:6e <n8er t5is Act either under an
agreement "etween the parties or under the order of a 0ommissioner ma# "e reviewed
"# the 0ommissioner on the application either of the emplo#er or of the wor8man
accompanied "# the certificate of a 5ualified medical practitioner that there has "een a
change in the condition of the wor8man or su"9ect to rules made under this Act on
application made without such certificate. +2, An# half*monthl# pa#ment ma# on review
under this section su"9ect to the provisions of this Act "e continued increased
decreased or ended or if the accident is found to have resulted in permanent
disa"lement "e converted to the lump sum to which the wor8man is entitled less an#
amount which he has alread# received "# wa# of half*monthl# pa#ments.
'. C2;;<t1ti2n 29 5169;2nt56@ p1@;ents An# right to receive half*monthl#
pa#ments ma# "# agreement "etween the parties or if the parties cannot agree and the
pa#ments have "een continued for not less than si. months on the application of either
part# to the 0ommissioner "e redeemed "# the pa#ment of a lump sum of such amount
as ma# "e agreed to "# the parties or determined "# the 0ommissioner as the case
ma# "e.
(. Distri:<ti2n 29 c2;pens1ti2n +1, 4o pa#ment of compensation in respect of a
wor8man whose in9ur# has resulted in death and no pa#ment of a lump sum as
compensation to a woman or a person under a legal disa"ilit# shall "e made otherwise
than "# deposit with the 0ommissioner and no such pa#ment directl# "# an emplo#er
shall "e deemed to "e a pa#ment of compensation )
$rovided that in the case of a deceased wor8man an emplo#er ma# ma8e to an#
dependant advances on account of compensation of an amount e5ual to three monthsB
wages of such wor8man and so much of such amount as does not e.ceed the
compensation pa#a"le to that dependant shall "e deducted "# the 0ommissioner from
such compensation and repaid to the emplo#er.
An# other sum amounting to not less than ten rupees which is pa#a"le as compensation
ma# "e deposited with the 0ommissioner on "ehalf of the person entitled thereto. %he
receipt of the 0ommissioner shall "e a sufficient discharge in respect of an#
compensation deposited with him. On the deposit of an# mone# under su"*section +1,
as compensation in respect of a deceased wor8man the 0ommissioner shall if he thin8s
necessar# cause notice to "e pu"lished or to "e served on each dependant in such
manner as he thin8s fit calling upon the dependants to appear "efore him on such dates
as he ma# fi. for determining the distri"ution of the compensation. (f the 0ommissioner
is satisfied after an# in5uir# which he ma# deem necessar# that no dependant e.ists he
shall repa# the "alance of the mone# to the emplo#er "# whom it was paid. %he
0ommissioner shall on application "# the emplo#er furnish a statement showing in
detail all dis"ursements made. 0ompensation deposited in respect of a deceased
wor8man shall su"9ect to an# deduction made under su"*section +2, "e apportioned
among the dependants of the deceased wor8man or an# of them in such proportion as
the 0ommissioner thin8s fit or ma# in the desecration of the 0ommissioner "e allotted to
an# one dependant. 6here an# compensation deposited with the 0ommissioner is
pa#a"le to an# person the 0ommissioner shall if the person to whom the compensation
is pa#a"le is not a woman or a person under a legal disa"ilit# and ma# in other cases
pa# the mone# to the person entitled thereto. 6here an# lump sum deposited with the
0ommissioner is pa#a"le to a woman or a person under a legal disa"ilit# such sum ma#
"e invested applied or otherwise dealt with for the "enefit of the woman or of such
person during his disa"ilit# in such manner as the 0ommissioner ma# direct: and where
a half*monthl# pa#ment is pa#a"le to an# person under a legal disa"ilit# the
0ommissioner ma# of his own motion or on an application made to him in this "ehalf
order that the pa#ment "e made during the disa"ilit# to an# dependant of the wor8man
or to an# other person whom the 0ommissioner thin8s "est fitted to provide for the
welfare of the wor8man. 6here on application made to him in this "ehalf or otherwise
the 0ommissioner is satisfied that on account of neglect of children on the part of a
parent or on account of the variation of the circumstances of an# dependant of for an#
other sufficient cause an order of the 0ommissioner as to the distri"ution of an# sum
paid as compensation or as to the manner in which an# sum pa#a"le to an# such
dependant is to "e invested applied or otherwise dealt with ought to "e varied the
0ommissioner ma# ma8e such order for the variation of the former order as he thin8s
9ust in the circumstances of the case )
$rovided that no such order pre9udicial to an# person shall "e made unless such person
has "een given an opportunit# of showing cause wh# the order should not "e made or
shall "e made in and case in which it would involve the repa#ment "# a dependant of
an# sum alread# paid to him.
+9, 6here the 0ommissioner varies an# order under su"*section +=, "# reason of the
fact that pa#ment of compensation to an# person has "een o"tained "# fraud
impersonation or other improper means an# amount so paid to or on "ehalf of such
person ma# "e recovered in the manner hereinafter provided in section 31.
9. C2;pens1ti2n n2t t2 :e 1ssi>ne8 1tt1c5e8 2r c51r>e8 /ave as provided "# this
Act no lump sum or half*monthl# pa#ment pa#a"le under this Act shall in an# wa# "e
capa"le of "eing assigned or charged or "e lia"le to attachment or pass to an# person
other than the wor8man "# operation of law nor shall an# claim "e set off against the
same.
10. N2tice 1n8 c61i; +1, 4o claim for compensation shall "e entertained "# a
0ommissioner unless notice of the accident has "een given in the manner hereinafter
provided as soon as practica"le after the happening thereof and unless the claim is
preferred "efore him within two #ears of the occurrence of the accident or in case of
death within two #ears from the date of death )
$rovided that where the accident is the contracting of a disease in respect of which the
provisions of su"*section +2, of section 3 are applica"le the accident shall "e deemed to
have occurred on the first of the da#s during which the wor8man was continuousl#
a"sent from wor8 in conse5uence of the disa"lement caused "# the disease )
$rovided further that in case of partial disa"lement due to the contracting of an# such
disease and which does not force the wor8man to a"sent himself from wor8 the period
of two #ears shall "e counted from the da# the wor8man gives notice of the disa"lement
to his emplo#er )
$rovided further that if a wor8man who having "een emplo#ed in an emplo#ment for a
continuous period specified under su"*section +2, of section 3 in respect of that
emplo#ment ceases to "e so emplo#ed and develops s#mptoms of an occupational
disease peculiar to that emplo#ment within two #ears of the cessation of emplo#ment
the accident shall "e deemed to have occurred on the da# on which the s#mptoms were
first detected )
$rovided further that the want of or an# defect or irregularit# in a notice shall not "e a
"ar to the entertainment of a claim *
+a, if the claim is preferred in respect of the death of a wor8man resulting from an
accident which occurred on the premises of the emplo#er or at an# place where the
wor8man at the time of the accident was wor8ing under the control of the emplo#er or of
an# person emplo#ed "# him and the wor8man died on such premises or at such place
or on an# premises "elonging to the emplo#er or died without having left the vicinit# of
the premises or place where the accident occurred or
+", if the emplo#er or an# one of several emplo#ers or an# person responsi"le to the
emplo#er for the management of an# "ranch of the trade or "usiness in which the
in9ured wor8man was emplo#ed had 8nowledge of the accident from an# other source at
or a"out the time when it occurred )
$rovided further that the 0ommissioner ma# entertain and decide an# claim to
compensation in an# case notwithstanding that the notice has not "een given or the
claim has not "een preferred in due time as provided in this su"*section if he is satisfied
that the failure so to give the notice or prefer the claim as the case ma# "e was due to
sufficient cause.
+2, !ver# such notice shall give the name and address of the person in9ured and shall
state in ordinar# language the cause of the in9ur# and the date on which the accident
happened and shall "e served on the emplo#er or upon an# one of several emplo#ers
or upon an# person responsi"le to the emplo#er for the management of an# "ranch of
the tread or "usiness in which the in9ured wor8man was emplo#ed.
+3, %he /tate 7overnment ma# re5uire that an# prescri"ed class of emplo#ers shall
maintain at these premises at which wor8men are emplo#ed a notice "oo8 in the
prescri"ed form which shall "e readil# accessi"le at all reasona"le times to an# in9uries
wor8man emplo#ed on the premises and to an# person acting "ona fide on his "ehalf.
+2, A notice under this section ma# "e served "# delivering it at or sending it "#
registered post addressed to the residence or an# office or place of "usiness of the
person on whom it is to "e served or where a notice "oo8 is maintained "# entr# in the
notice*"oo8.
1?A. $ower to re5uire from emplo#ers statements regarding fatal accident +1, 6here a
0ommissioner receives information from an# source that a wor8man has died as a
result of an accident arising out of and in the course of his emplo#ment he ma# send "#
registered post a notice to the wor8manBs emplo#er re5uiring him to su"mit within thirt#
da#s of the service of the notice a statement in the prescri"ed form giving the
circumstances attending the death of the wor8man and indicating whether in the opinion
of the emplo#er he is or is not lia"le to deposit compensation on account of the death.
+2, (f the emplo#er is of opinion that he is lia"le to deposit compensation he shall ma8e
the deposit within thirt# da#s of the service of the notice.
+3, (f the emplo#er is of opinion that he is not lia"le to deposit compensation he shall in
his statement indicate the grounds on which he disclaims lia"ilit#.
+2, 6here the emplo#er has so disclaimed lia"ilit# the 0ommissioner after such in5uir#
as he ma# thin8 fit ma# inform an# of the dependants of the deceased wor8man that it is
open to the dependants to prefer a claim for compensation and ma# give them such
other further information as he ma# thin8 fit.
1?. 'eports of fatal accidents and serious "odil# in9uries +1, 6here "# an# law for the
time "eing in force notice is re5uired to "e given to an# authorit# "# or on "ehalf of an
emplo#er of an# accident occurring on his premises which results in death or serious
"odil# in9ur# the person re5uired to give the notice shall within seven da#s of the death
or serious "odil# in9ur# send a report to the 0ommissioner giving the circumstances
attending the death or serious "odil# in9ur# )
$rovided that where the /tate 7overnment has so prescri"ed the person re5uired to
give the notice ma# instead of sending such report to the 0ommissioner send it to the
authorit# to whom he is re5uired to give the notice.
!.planation ) 1/erious "odil# in9ur#1 means an in9ur# which involves or in all pro"a"ilit#
will involve the permanent loss of the use of or permanent in9ur# to an# lim" or the
permanent loss of or in9ur# to the sight or hearing or the fracture of an# lim" or the
enforced a"sence of the in9ured person from wor8 for a period e.ceeding twent# da#s.
+2, %he /tate 7overnment ma# "# notification in the Official 7a;ette e.tend the
provisions of su"*section +1, to an# class of premises other than those coming within
the scope of that su"*section and ma# "# such notification specif# the person who shall
send the report to the 0ommissioner.
+3, 4othing in this section shall appl# to factories to which the !mplo#eesB /tate
(nsurance Act 192= +32 of 192=, applies.
11. Me8ic16 e71;in1ti2n +1, 6here a wor8man has given notice of an accident he
shall if the emplo#er "efore the e.pir# of three da#s from the time at which service of the
notice has "een effected offers to have him e.amined free of charge "# a 5ualified
medical practitioner su"mit himself for such e.amination and an# wor8man who is in
receipt of a half*monthl# pa#ment under this Act shall if so re5uired su"mit himself for
such e.amination from time to time )
$rovided that a wor8man shall not "e re5uired to su"mit himself for e.amination "# a
medical practitioner otherwise than in accordance with rules made under this Act or at
more fre5uent intervals than ma# "e prescri"ed.
+2, (f a wor8man on "eing re5uired to do so "# emplo#er under su"*section +1, or "# the
0ommissioner at an# time refuses to su"mit himself for e.amination "# a 5ualified
medical practitioner or in an# wa# o"structs the same his right to compensation shall "e
suspended during the continuance of such refusal or o"struction unless in the case of
refusal he was prevented "# an# sufficient cause from so su"mitting himself.
+3, (f a wor8man "efore the e.pir# of the period within which he is lia"le under su"*
section +1, to "e re5uired to su"mit himself for medical e.amination voluntaril# leaves
without having "een so e.amined the vicinit# of the place in which he was emplo#ed his
right to compensation shall "e suspended until he returns and offers himself for such
e.amination.
6here a wor8man whose right to compensation has "een suspended under su"*section
+2, or su"*section +3, dies without having su"mitted himself for medical e.amination as
re5uired "# either of those su"*sections the 0ommissioner ma# if he thin8s fit direct the
pa#ment of compensation to the dependants of the deceased wor8man. 6here under
su"*section +2, or su"*section +3, a right to compensation is suspended no
compensation shall "e pa#a"le in respect of the period of suspension and if the period
of suspension commences "efore the e.pir# of the waiting period referred to in clause
+d, of su"*section +1, of section 2 the waiting period shall "e increased "# the period
during which the suspension continues. 6here an in9ured wor8man has refused to "e
attended "# a 5ualified medical practitioner whose services have "een offered to him "#
the emplo#er free of charge or having accepted such offer has deli"eratel# disregarded
the instructions of such medical practitioner then if it is proved that the wor8man has not
thereafter "een regularl# attended "# a 5ualified medical practitioner or having "een so
attended has deli"eratel# failed to follow his instructions and that such refusal disregard
or failure was unreasona"le in the circumstances of the case and that the in9ur# has
"een aggravated there"# the in9ur# and resulting disa"lement shall "e deemed to "e of
the same nature and duration as the# might reasona"l# have "een e.cepted to "e if the
wor8man had "een regularl# attended "# a 5ualified medical practitioner whose
instructions he had followed and compensation if an# shall "e pa#a"le accordingl#.
1*. C2ntr1ctin> 6here an# person +hereinafter in this section referred to as the
principal, in the course of or for the purposes of his trade or "usiness contract with an#
other person +hereinafter in this section referred to as the contractor for the e.ecution "#
or under the contractor of the whole or an# part of an# wor8 which is ordinaril# part of
the trade or "usiness of the principal the principal shall "e lia"le to pa# to an# wor8man
emplo#ed in the e.ecution of the wor8 an# compensation which he would have "een
lia"le to pa# if that wor8man had "een immediatel# emplo#ed "# him: and where
compensation is claimed from the principal this Act shall appl# as if references to the
principal were su"stituted for references to the emplo#er e.cept that the amount of
compensation shall "e calculated with reference to the wages of the wor8man under the
emplo#er "# whom he is immediatel# emplo#ed. 6here the principal is lia"le to pa#
compensation under this section he shall "e entitled to "e indemnified "# the contractor
or an# other person from whom the wor8man could have recovered compensation and
where a contractor who is himself a principal is lia"le to a pa# compensation or to
indemnif# a principal under this section "e shall "e entitled to "e indemnified "# an#
person standing to him in the relation of a contractor from whom the wor8man could
have recovered compensation and all 5uestions as to the right to and the amount of an#
such indemnit# shall in default of agreement "e settled "# the 0ommissioner. 4othing in
this section shall "e construed as preventing a wor8man from recovering compensation
from the contractor instead of the principal. %his section shall not appl# in an# case
where the accident occurred elsewhere that on in or a"out the premises on which the
principal has underta8en or usuall# underta8es as the case ma# "e to e.ecute the wor8
or which are otherwise under his control or management.
1!. Re;e8ies 29 e;p62@er 1>1inst str1n>er 6here a wor8man has recovered
compensation in respect of an# in9ur# caused under circumstances creating a legal
lia"ilit# of some person other than the person "# whom the compensation was paid to
pa# damages in respect thereof the person "# whom the compensation was paid and
an# person who has "een called on to pa# an indemnit# under section 12 shall "e
entitled to "e indemnified "# the person so lia"le to pa# damages of aforesaid
1&. Ins26?enc@ 29 e;p62@er 6here an# emplo#er has entered into a contract with an#
insurers in respect of an# lia"ilit# under this Act to an# wor8man then in the event of the
emplo#er "ecoming insolvent or ma8ing a compensation or scheme of arrangement
with his creditors or if the emplo#er is a compan# in the event of the compan# having
commenced to "e wound up the rights of the emplo#er against the insurers as respects
that lia"ilit# shall notwithstanding an#thing in an# law for the time "eing in force relating
to insolvenc# or the winding up of companies "e transferred to and vest in the wor8man
and upon an# such transfer the insurers shall have the same rights and remedies and
"e su"9ect to the same lia"ilities as if the# were the emplo#er so however that the
insurers shall not "e under an# greater lia"ilit# to the wor8man than the# would have
"een under the emplo#er. (f the lia"ilit# of the insurers to the wor8man is less than the
lia"ilit# of the emplo#er to the wor8man the wor8man ma# prove for the "alance in the
insolvenc# proceedings or li5uidation. 6here in an# case such as is referred to in su"*
section +1, the contract of the emplo#er with the insurers to void or voida"le "# reason
of non*compliance on the part of the emplo#er with an# terms or conditions of the
contract +other than a stipulation for the pa#ment of premia, the provisions of that su"*
section shall appl# as if the contract were not void or voida"le and the insurers shall "e
entitled to prove in the insolvenc# proceedings or li5uidation for the amount paid to the
wor8man ) $rovided that the provisions of this su"*section shall not appl# in an# case in
which the wor8man fails to give notice to the insurers of the happening of the accident
and of an# resulting disa"lement as soon as practica"le after he "ecomes aware of the
institution of the insolvenc# or li5uidation proceedings.
%here shall "e deemed to "e included among the de"ts which under section 29 of the
$residenc#*towns (nsolvenc# Act 19?9 +3 of 19?9, or under section 61 of the $rovincial
(nsolvenc# Act 192? +5 of 192?, or under /ection 53? of the 0ompanies Act 1956 +1 of
1956, are in the distri"ution of the propert# of an insolvent or in the distri"ution of the
assets of a compan# "eing wound up to "e paid in priorit# to all other de"ts the amount
due in respect of an# compensation the lia"ilit# where for accrued "efore the date of the
order of ad9udication of the insolvent or the date of the commencement of the winding
up as the case ma# "e and those Acts shall have effect accordingl#. 6here the
compensation is a half*monthl# pa#ment the amount due in respect thereof shall for the
purpose of this section "e ta8en to "e the amount of the lump sum for which the half*
monthl# pa#ment could if redeema"le "e redeemed if application were made for that
purpose under section < and a certificate of the 0ommissioner as to the amount of such
sum shall "e conclusive proof thereof. %he provisions of su"*section +2, shall appl# in
the case of an# amount for which an insurer is entitled to prove under su"*section +3,
"ut otherwise those provisions shall not appl# where the insolvent or the compan# "eing
wound up has entered into such a contract with insurers as is referred to in su"*section
+1,. %his section shall not appl# where a compan# is wound up voluntaril# merel# for the
purposes of reconstruction or of amalgamation with another compan#.
12A. 0ompensation to "e first charge on assets transferred "# emplo#er
6here an emplo#er transfers his assets "efore an# amount due in respect of an#
compensation the lia"ilit# wherefor accrued "efore the date of the transfer has "een
paid such amount shall notwithstanding an#thing contained in an# other law for the time
"eing in force "e a first charge on that part of the assets so transferred as consists of
immova"le propert#.
1,. Speci16 pr2?isi2ns re61tin> t2 ;1ster 1n8 se1;en
%his Act shall appl# in the case of wor8men who are masters of ships or seamen su"9ect
to the following modifications namel# )*
%he notice of the accident and the claim for compensation ma# e.cept where the
person in9ured is the master of the ship "e served on the master of the ship as if he
were the emplo#er "ut where the accident happened and the disa"lement commenced
on "oard the ship it shall not "e necessar# for an# seaman to give an# notice of the
accident. (n the case of the death of a master or seaman the claim for compensation
shall "e made within one #ear after the news of the death has "een received "# the
claimant or where the ship has "een or is deemed to have "een lost with all hands
within eighteen months of the date on which the ship was or is deemed to have "een so
lost ) $rovided that the 0ommissioner ma# entertain an# claim to compensation in an#
case notwithstanding that the claim has not "een preferred in due time as provided in
this su"*section if he is satisfied that the failure so to prefer the claim was due to
sufficient cause.
+3, 6here an in9ured master or seaman is discharged or left "ehind an# part of (ndia or
in an# foreign countr# an# depositions ta8en "# an# >udge or Aagistrate in that part or
"# an# 0onsular Officer in the foreign countr# and transmitted "# the person "# whom
the# are ta8en to the 0entral 7overnment or an# /tate 7overnment shall in an#
proceedings for enforcing the claim "e admissi"le in evidence *
if the deposition is authenticated "# the signature of the >udge Aagistrate or 0onsular
Officer "efore whom it is made: if the defendant or the person accused as the case ma#
"e had an opportunit# "# himself or his agent to cross*e.amine the witness: and if the
deposition was made in the course of a criminal proceeding on proof that the deposition
was made in the presence of the person accused and it shall not "e necessar# in an#
case to prove the signature or official character of the person appearing to have signed
an# such deposition and a certificate "# such person that the dependant or the person
accused had an opportunit# or cross*e.amining the witness and that the deposition if
made in a criminal proceeding was made in the presence of the person accused shall
unless the contrar# is proved "e sufficient evidence that he had that opportunit# and
that it was so made. +2, 4o half*monthl# pa#ment shall "e pa#a"le in respect of the
period during which the owner of the ship is under an# law in force for the time "eing
relating to merchant shipping lia"le to defra# the e.penses of maintenance of the
in9ured master or seaman.
4o compensation shall "e pa#a"le under this Act in respect of an# in9ur# in respect of
which provision is made for pa#ment of gratuit# allowance or pension under the 6ar
$ensions and Eetention Allowances +Aercantile Aarine etc., /cheme 1939 or the 6ar
$ensions and Eetention Allowances +(ndian /eamen etc., /cheme 1921 made under
the $ensions +4av# Arm# Air Force and Aercantile Aarine, Act 1939 +2 I 3 7eo. 6 c =3,
or under the 6ar $ensions and Eetention Allowances +(ndian /eamen, /cheme 1922
made "# the 0entral 7overnment. Failure to give a notice or ma8e a claim or
commence proceedings within the time re5uired "# this Act shall not "e a "ar to the
maintenance of proceedings under this Act in respect of an# personal in9ur# if * an
application has "een made for pa#ment in respect of that in9ur# under an# of the
schemes referred to in the preceding clause and the /tate 7overnment certifies that the
said application was made in the reasona"le "elief that the in9ur# was one in respect of
which the scheme under which the application was made ma8es provision for pa#ments
and that the application was re9ected or that pa#ments made in pursuance of the
application were discontinued on the ground that the in9ur# was not such an in9ur# and
the proceedings under this Act are commenced within one month from the date on
which the said certificate of the /tate 7overnment was furnished to person commencing
the proceedings. 15A. /pecial provisions relating to captains and other mem"ers of
crew of aircraft %his Act shall appl# in the case of wor8men who are captains or other
mem"ers of the crew of aircraft su"9ect to the following modifications namel# )
%he notice of the accident and the claim for compensation ma# e.cept where the
person in9ured is the captain of the aircraft "e served on the captain of the aircraft as if
he were the emplo#er "ut where the accident happened and the disa"lement
commenced on "oard the aircraft it shall not "e necessar# for an# mem"er of the crew
to give notice of the accident. (n the case of the death of the caption or other mem"er of
the crew the claim for compensation shall "e made within one #ear after the news of the
death has "een received "# the claimant or where the aircraft has "een or is deemed to
have "een lost with all hands within eighteen months of the date on which the aircraft
was or is deemed to have "een so lost ) $rovided that the 0ommissioner ma# entertain
an# claim for compensation in an# case notwithstanding that the claim has not "een
preferred in due time as provided in this su"*section if he is satisfied that the failure so
to prefer the claim was due to sufficient cause.
+3, 6here an in9ured captain of other mem"er of the crew of the aircraft is discharged or
left "ehind in an# part of (ndia or in an# other countr# an# depositions ta8en "# an#
>udge or Aagistrate in that part or "# an# 0onsular Officer in the foreign countr# and
transmitted "# the person "# whom the# are ta8en to the 0entral 7overnment or an#
/tate 7overnment shall in an# proceedings for enforcing the claims "e admissi"le in
evidence *
+a, if the deposition is authenticated "# the signature of the >udge Aagistrate or
0onsular Officer "efore whom it is made:
+", if the defendant or the person accused as the case ma# "e had an opportunit# "#
himself or his agent to cross*e.amine the witness:
+c, if the deposition was made in the course of a criminal proceeding on proof that the
deposition was made in the presence of the person accused and it shall not "e
necessar# in an# case to prove the signature or official character of the person
appearing to have signed an# such deposition and a certificate "# such person that the
defendant or the person accused had an opportunit# of cross*e.amining the witness
and that the deposition if made in a criminal proceeding was made in the presence of
the person accused shall unless the contrar# is proved "e sufficient evidence that he
had that opportunit# and that it was so made.
15. /pecial provisions relating to wor8men a"oard of companies and motor vehicles
%his Act shall appl# *
in the case of wor8men who are persons recruited "# companies registered in (ndia and
wor8ing as such a"oard and persons sent for wor8 a"road along with motor vehicles
registered under the Aotor @ehicles Act 19== +59 of 19==, as drives helpers mechanics
cleaners or other wor8men su"9ect to the following modifications namel# )* %he notice of
the accident and the claim for compensation ma# "e served on the local agent of the
compan# or the local agent of the owner of the motor vehicle in the countr# of accident
as the case ma# "e. (n the case of death of the wor8man in respect of whom the
provisions of this section shall appl# the claim for compensation shall "e made within
one #ear after the news of the death has "een received "# the claimant ) $rovided that
the 0ommissioner ma# entertain an# claim for compensation in an# case
notwithstanding that the claim had not "een preferred in due time as proved in this su"*
section if he is satisfied that the failure so to prefer the claim was due to sufficient
cause.
+3, 6here an in9ured wor8man is discharged or left "ehind in an# part of (ndia or in an#
other countr# an# depositions ta8en "# an# >udge or Aagistrate in that part or "# an#
0onsular Officer in the foreign countr# and transmitted "# the person "# whom the# are
ta8en to the 0entral 7overnment or an# /tate 7overnment shall in an# proceedings for
enforcing the claims "e admissi"le in evidence *
+a, if the deposition is authenticated "# the signature of the >udge Aagistrate or
0onsular Officer "efore whom it is made:
+", if the defendant or the person accused as the case ma# "e had an opportunit# "#
himself on his agent to cross*e.amine the witness:
+c, if the deposition was made in the course of a criminal proceeding on proof that the
deposition was made in the presence of the person accused and it shall not "e
necessar# in an# case to prove the signature or official character of the person
appearing to have signed an# such deposition and a certificate "# such person that the
dependant or the person accused had an opportunit# of cross*e.amining the witness
and that the deposition if made in a criminal processing was made in the presence of
the person accused shall unless the contrar# is proved "e sufficient evidence that he
had that opportunit# and that it was so made.
16. Ret<rns 1s t2 c2;pens1ti2n %he /tate 7overnment ma# "# notification in the
Official 7a;ette direct that ever# person emplo#ing wor8men or that an# specified class
of such persons shall send at such time and in such form and to such authorit# as ma#
"e specified in the notification a correct return specif#ing the num"er of in9uries in
respect of which compensation has "een paid "# the emplo#er during the pervious #ear
and the amount of such compensation together with such other particulars as to the
compensation as the /tate 7overnment ma# direct.
1'. C2ntr1ctin> 2<t An@ c2ntr1ct 2r 1>ree;ent whether made "efore or after the
commencement of this Act where"# a wor8man relin5uishes an# right of compensation
from the emplo#er for personal in9ur# arising out of or in the course of the emplo#ment
shall "e null and void in so far as it purports to remove or reduce the lia"ilit# of an#
person to pa# compensation under this Act.
1(. Pr229 29 1>e ERepe16e8 :@ t5e +2r=;en.s C2;pens1ti2n FA;en8;ent4 Act
19,9, F( 29 19,94]
1=A. $enalties +1, 6hoever *
+a, fails to maintain a notice*"oo8 which he is re5uired to maintain under su"*section +3,
of section 1? or
+", fails to send to the 0ommissioner a statement which he is re5uired to send under
su"*section +1, of section 1?A or
+c, fails to send a report which he is re5uired to send under section 1? or
+d, fails to ma8e a return which he is re5uired to ma8e under section 16 shall "e
punisha"le with fine which ma# e.tend to five thousand rupees.
+2, 4o prosecution under this section shall "e instituted e.cept "# or with the previous
sanction of a 0ommissioner and no 0ourt shall ta8e cogni;ance of an# offence under
this section unless complaint thereof is made within si. months of the date on which the
alleged commission of the offence came to the 8nowledge of the 0ommissioner.
CHAPTER III C COMMISSIONERS
19. Re9erence 29 C2;;issi2ners
(f an# 5uestion arises in an# proceedings under this Act as to the lia"ilit# of an# person
to pa# compensation +including an# 5uestion as to whether a person in9ured is or is not
a wor8man, or as to the amount of duration of compensation +including an# 5uestion as
to the nature or e.tent of disa"lement, the 5uestion shall in default of agreement "e
settled "# a 0ommissioner.
4o 0ivil 0ourt shall have 9urisdiction to settle decided or deal with an# 5uestion which is
"# or under this Act re5uired to "e settled decided or dealt with "# a 0ommissioner or to
enforce an# lia"ilit# incurred under this Act.
*0. App2int;ent 29 C2;;issi2ners
+1, %he /tate 7overnment ma# "# notification in the Official 7a;ette appoint an# person
to "e a 0ommissioner for 6or8menBs 0ompensation for such area as ma# "e specified
in the notification.
+2, 6here more than one 0ommissioner has "een appointed for an# area the /tate
7overnment ma# "# general or special order regulate the distri"ution of "usiness
"etween them.
+3, An# 0ommissioner ma# for the purpose of deciding an# matter referred to him for
decision under this Act choose one or more persons possessing special 8nowledge of
an# matter relevant to the matter under in5uir# to assist him in holding the in5uir#.
+2, !ver# 0ommissioner shall "e deemed to "e a pu"lic servant within the meaning of
the (ndian $enal 0ode +25 of 1=6?,.
*1. "en<e 29 pr2cee8in>s 1n8 tr1ns9er
+1, 6here an# matter under this Act is to "e done "# or "efore a 0ommissioner the
same shall su"9ect to the provisions of this Act and to an# rules made hereunder "e
done "# or "efore the 0ommissioner for the area in which *
+a, the accident too8 place which resulted in the in9ur#: or
+", the wor8man or in case of his death the dependant claiming the compensation
ordinaril# resides: or
+c, the emplo#er has his registered office )
$rovided that no matter shall "e processed "efore or "# a 0ommissioner other than the
0ommissioner having 9urisdiction over the area in which the accident too8 place without
his giving notice in the manner prescri"ed "# the 0entral 7overnment to the
0ommissioner having 9urisdiction over the area and the /tate 7overnment concerned )
$rovided further that where the wor8man "eing the master of a ship or a seaman or the
captain or a mem"er of the crew of an aircraft or a wor8man in a motor vehicle or a
compan# meets with the accident outside (ndia an# such matter ma# "e done "# or
"efore a 0ommissioner for the area in which the owner or agent of the ship aircraft or
motor vehicle resides or carries on "usiness or the registered office of the compan# is
situate as the case ma# "e.
+1A, (f a 0ommissioner other than the 0ommissioner with whom an# mone# has "een
deposited under section = proceeds with a matters under this Act the former ma# for the
proper disposal of the matter call for transfer of an# records or mone#s remaining with
the latter and on receipt of such a re5uest he shall compl# with the same.
+2, (f a 0ommissioner is satisfied that an# matter arising out of an# proceedings pending
"efore him can "e more convenientl# dealt with "# an# other 0ommissioner whether in
the same /tate or not he ma# su"9ect to rules made under this Act order such matter to
"e transferred to such other 0ommissioner either for report or for disposal and if he
does so shall forthwith transmit to such other 0ommissioner all documents relevant for
the decision of such matter and where the matter in transferred for disposal shall also
transmit in the prescri"ed manner an# mone# remaining in his hands or invested "# him
for the "enefit of an# part# to the proceedings )
$rovided that the 0ommissioner shall not where an# part# to the proceedings has
appeared "efore him made an# order of transfer relating to the distri"ution among
dependants of a lump sum without giving such part# an opportunit# of "eing heard )
+3, %he 0ommissioner to whom an# matter is so transferred shall su"9ect to rules made
under this Act in5uire there into and if the matter was transferred for disposal continue
the proceedings as if the# had originall# commenced "efore him.
+2, On receipt of report from a 0ommissioner to whom an# matter has "een transferred
for report under su"*section +2, the 0ommissioner "# whom it was referred shall decide
the matter referred in conformit# with such report.
+5, %he /tate 7overnment ma# transfer an# matter from an# 0ommissioner appointed
"# it to an# other 0ommissioner appointed "# it.
**. #2r; 29 1pp6ic1ti2n
+1, 6here an accident occurs in respect of which lia"ilit# to pa# compensation under
this Act arises a claim for such compensation ma# su"9ect to the provisions of this Act
"e made "efore the 0ommissioner-
+1A, /u"9ect to the provisions of su"*section +1, no application for the settlement of an#
matter of 0ommissioner other than an application "# a dependant or dependants for
compensation shall "e made unless and until some 5uestion has arisen "etween the
parties in connection therewith which the# have "een una"le to settle "# agreement.
+2, An application to a 0ommissioner ma# "e made in such form and shall "e
accompanied "# such fee if an# as ma# "e prescri"ed and shall contain in addition to
an# particulars which ma# "e prescri"ed the following particulars namel# )*
+a, A concise statement of the circumstances in which the application is made and the
relief or order which the applicant claims:
+", in the case of a claim for compensation against an emplo#er the date of service of
notice of the accident on the emplo#er and if such notice has not "een served or has
not "een served in due time the reason for such omission:
+c, the names and addresses of the parties: and
+d, e.cept in the case of an application "# dependants for compensation a concise
statement of the matters on which agreement has and of those on which agreement has
not "een come to.
+3, (f the applicant is illiterate or for an# other reason is una"le to furnish the re5uired
information in writing the application shall if the applicant so desires "e prepared under
the direction of the 0ommissioner.
22A. $ower of 0ommissioner to re5uire further deposit in cases of fatal accident
6here an# sum has "een deposited "# an emplo#er as compensation pa#a"le in
respect of a wor8man whose in9ur# has resulted in death and in the opinion of the
0ommissioner such sum is insufficient the 0ommissioner ma# "# notice in writing
stating his reasons call upon the emplo#er to show cause wh# he should not ma8e a
further deposit within such time as ma# "e stated in the notice.
+2, (f the emplo#er fails to show cause to the satisfaction of the 0ommissioner the
0ommissioner ma# ma8e an award determining the total amount pa#a"le and re5uiring
the emplo#er to deposit the deficienc#
*!. P2Bers 1n8 pr2ce8<re 29 C2;;issi2ners.
%he 0ommissioner shall have all the powers of a 0ivil 0ourt under the 0ode of 0ivil
$rocedure 19?= +5 of 19?=, for the purpose of ta8ing evidence on oath +which such
0ommissioner is here"# empowered to impose, and of enforcing the attendance of
witnesses and compelling the production of documents and material o"9ects and the
0ommissioner shall "e deemed to "e a 0ivil 0ourt for all the purposes of section 195
and of 0hapter JJ@( of the 0ode of 0riminal $rocedure 19<3 +2 of 19<2,.
*&. Appe1r1nce 29 p1rties
An# appearance application or act re5uired to "e made or done "# an# person "efore or
to a 0ommissioner +other than an appearance of a part# which is re5uired for the
purpose of his e.amination as a witness, ma# "e made or done on "ehalf of such
person "# a legal practitioner or "# an official of an (nsurance compan# or a registered
%rade Fnion or "# an (nspector appointed under su"*section +1, of section = of the
Factories Act 192= +63 of 192=, or under su"*section +1, of section 5 of the Aines Act
1952 +35 of 1952, or "# an# other officer specified "# the /tate 7overnment in this
"ehalf authorised in writing "# such person or with the permission of the 0ommissioner
"# an# other person so authorised.
*,. Met528 29 rec2r8in> e?i8ence
%he 0ommissioner shall ma8e a "rief memorandum of the su"stance of the evidence of
ever# witness as the e.amination of the witness proceeds and such memorandum shall
"e written and signed "# the 0ommissioner with his own hand and shall form part of the
record )
$rovided that if the 0ommissioner is prevented from ma8ing such memorandum he
shall record the reason of his ina"ilit# to do so and shall cause such memorandum to "e
made in writing from his dictation and shall sign the same and such memorandum shall
form part of the record )
$rovided further that the evidence of an# medical witness shall "e ta8e down as nearl#
as ma# "e word for word.
*6. C2sts
All costs incidental to an# proceedings "efore a 0ommissioner shall su"9ect to rules
made under this Act "e in the discretion of the 0ommissioner.
*'. P2Ber 29 s<:;it c1ses
A 0ommissioner ma# if he thin8s fit su"mit an# 5uestion of law for the decision of the
Digh 0ourt and if he does so shall decide the 5uestion in conformit# with such decision.
*(. Re>istr1ti2n 29 1>ree;ents
+1, 6here the amount of an# lump sum pa#a"le as compensation has "een settled "#
agreement whether "# wa# of redemption of a half*monthl# pa#ment or otherwise or
where an# compensation has "een so settled as "eing pa#a"le to a woman or a person
under a legal disa"ilit# a memorandum thereof shall "e sent "# the emplo#er to the
0ommissioner who shall on "eing satisfied as to its genuineness record the
memorandum in a register in the prescri"ed manner )
$rovided that *
+a, no such memorandum shall "e recorded "efore seven da#s after communication "#
the 0ommissioner of notice to the parties concerned:
[0lause +", omitted "# Act 5 of 1929.]
+c, the 0ommissioner ma# at an# time rectif# the register:
+d, where it appears to the 0ommissioner that an agreement as to the pa#ment of a
lump sum whether "# wa# of redemption of a half*monthl# pa#ment or otherwise or an
agreement as to the amount of compensation pa#a"le to a woman or a person under a
legal disa"ilit# ought not to "e registered "# reason of the inade5uac# of the sum or
amount or "# reason of the agreement having "een o"tained "# fraud or undue
influence or other improper means he ma# refuse to record the memorandum of the
agreement and ma# ma8e such order including an order as to an# sum alread# paid
under the agreement as he thin8s 9ust in the circumstances.
+2, An agreement for the pa#ment of compensation which has "een registered under
su"*section +1, shall "e enforcea"le under this Act notwithstanding an#thing contained
in the (ndian 0ontract Act 1=<2 +9 of 1=<2, or in an# other law for the time "eing in
92rce.
29. !ffect of failure to register agreement
6here a memorandum of an# agreement the registration of which is re5uired "# section
2= is not sent to the 0ommissioner as re5uired "# that section the emplo#er shall "e
lia"le to pa# the full amount of compensation which he is lia"le to pa# under the
provisions of this Act and notwithstanding an#thing contained in the proviso to su"*
section +1, of section 2 shall not unless the 0ommissioner otherwise directs "e entitled
to deduct more than half of an# amount paid to the wor8man "# wa# of compensation
whether under the agreement or otherwise.
!0. Appe16s
+1, An appeal shall lie to the Digh 0ourt from the following orders of a 0ommissioner
namel# )*
+a, an order as awarding as compensation a lump sum whether "# wa# of redemption of
a half*monthl# pa#ment or otherwise or disallowing a claim in full or in part for a lump
sum:
+a, an order awarding interest or penalt# under section 2A:
+", an order refusing to allow redemption of a half*monthl# pa#ment:
+c, an order providing for the distri"ution of compensation among the dependants of a
deceased wor8man or disallowing an# claim of a person alleging himself to "e such
dependant:
+d, an order allowing or disallowing an# claim for the amount of an indemnit# under the
provisions of su"*section +2, of section 12: or
+e, an order refusing to register a memorandum of agreement or registering the same or
providing for the registration of the same su"9ect to conditions )
$rovided that no appeal shall lie against an# order unless a su"stantial 5uestion of law
is involved in the appeal and in the case of an order other than an order such as is
referred to in clause +", unless the amount in dispute in the appeal is not less than three
hundred rupees )
$rovided further that no appeal shall lie in an# case in which the parties have agreed to
a"ide "# the decision of the 0ommissioner or in which the order of the 0ommissioner
gives effect to an agreement come to "# the parties )
$rovided further that no appeal "# an emplo#er under clause +a, shall lie unless the
memorandum of appeal is accompanied "# a certificate "# the 0ommissioner to the
effect that the appellant has deposited with him the amount pa#a"le under the order
appealed against.
%he period of limitation for an appeal under this section shall "e si.t# da#s.
+3, %he provisions of section 5 of the Cimitation Act 1963 +36 of 1963, shall "e
applica"le to appeals under this section.
3?A. 6ithholding of certain pa#ments pending decision of appeal
6here an emplo#er ma8es an appeal under clause +a, of su"*section +1, of section 3?
the 0ommissioner ma# and if so directed "# the Digh 0ourt shall pending the decision
of the appeal withhold pa#ment of an# sum in deposit with him.
!1. Rec2?er@
%he 0ommissioner ma# recover as an arrear of land revenue an# amount pa#a"le "#
an# person under this Act whether under an agreement for the pa#ment of
compensation or otherwise and the 0ommissioner shall "e deemed to "e a pu"lic
officer within the meaning of section 5 of the 'evenue 'ecover# Act 1=9? +1 of 1=9?,.
CHAPTER I" C R%LES
!*. P2Ber 29 t5e St1te $2?ern;ent t2 ;1=e r<6es
+1, %he /tate 7overnment ma# ma8e rules to carr# out the purpose of this Act.
+2, (n particular and without pre9udice to the generalit# of the foregoing power such rules
ma# provide for all or an# of the following matters namel# )*
+a, for prescri"ing the intervals at which and the conditions su"9ect to which an
application for review ma# "e made under section 6 when not accompanied "# a
medical certificate:
+", for prescri"ing the intervals at which and the conditions su"9ects to which a wor8man
ma# "e re5uired to su"mit himself for medical e.amination under su"*section +1, of
section 11:
+c, for prescri"ing the procedure to "e followed "# 0ommissioners in the disposal of
cases under this Act and "# the parties in such cases:
+d, for regulating the transfer of matters and cases from one 0ommissioner to another
and the transfer of mone# in such cases:
+e, for prescri"ing the manner in which mone# in the hands of a 0ommissioner ma# "e
invested for the "enefit of dependants of a deceased wor8man and for the transfer of
mone# so invested from one 0ommissioner to another:
+f, for the representation in proceedings "efore 0ommissioners of parties who are
minors or are una"le to ma8e an appearance:
+g, for prescri"ing the form and manner in which memorandum of agreements shall "e
presented and registered:
+h, for the withholding "# 0ommissioners whether in whole or in part of half*monthl#
pa#ments pending decision on application for review of the same:
+i, for regulating the scales of costs which ma# "e allowed in proceedings under this Act:
+9, for prescri"ing and determining the amount of the fees pa#a"le in respect of an#
proceedings "efore a 0ommissioner under this Act:
+8, for the maintenance "# 0ommissioners of registers and records of proceedings
"efore them:
+l, for prescri"ing the classes of emplo#ers who shall maintain notice*"oo8s under su"*
section +3, of section 1? and the form of such notice*"oo8s:
+m, for prescri"ing the form of statement to "e su"mitted "# emplo#ers under section
1?A:
+n, for prescri"ing the cases in which the report referred to in section 1? ma# "e sent
to an authorit# other than the 0ommissioner:
+o,for prescri"ing a"stracts of this Act and re5uiring the emplo#ers to displa# notices
containing such a"stracts:
+p, for prescri"ing the manner in which diseases specified as occupation diseases ma#
"e diagnosed:
+5, for prescri"ing the manner in which diseases ma# "e certified for an# of the
purposes of this Act:
+r, for prescri"ing the manner in which and the standards "# which incapacit# ma# "e
assessed.
+3, !ver# rule made under this section shall "e laid as soon as ma# "e after it is made
"efore the /tate Cegislature.
!!. P2Ber 29 L2c16 $2?ern;ent t2 ;1=e r<6es
['epealed "# the A.O. 193<]
!&. P<:6ic1ti2n 29 r<6es
%he power to ma8e rules conferred "# section 32 shall "e su"9ect to the condition of the
rules "eing made after previous pu"lication.
%he date to "e specified in accordance with clause +3, of section 23 of the 7eneral
0lauses Act 1=9< +1? of 1=9<, as that after which a draft of rules proposed to "e made
under section 32 will "e ta8en into consideration shall not "e less than three months
from the date on which the draft of proposed rules was pu"lished for general
information.
'ules so made shall "e pu"lished in the Official 7a;ette and on such pu"lication shall
have effect as if enacted in this Act.
!,. R<6es t2 >i?e e99ect t2 1rr1n>e;ents Bit5 2t5er c2<ntries 92r t5e tr1ns9er 29
;2ne@ p1i8 1s c2;pens1ti2n
+1, %he 0entral 7overnment ma# "# notification in the Official 7a;ette ma8e rules for
the transfer to an# foreign countr# of mone# deposited with a 0ommissioner under this
Act which has "een awarded to or ma# "e due to an# person residing or a"out to reside
in such foreign countr# and for the receipt distri"ution and administration in an# /tate of
an# mone# deposited under the law relating to wor8menBs compensation in an# foreign
countr# which has "een awarded to or ma# "e due to an# person residing or a"out to
reside in an# /tate )
$rovided that no sum deposited under this Act in respect of fatal accidents shall "e so
transferred without the consent of the emplo#er concerned until the 0ommissioner
receiving the sum has passed orders determining its distri"ution and apportionment
under the provisions of su"*sections +2, and +5, of section =.
+2, 6here mone# deposited with a 0ommissioner has "een so transferred in
accordance with the rules made under this section the provisions elsewhere contained
in this Act regarding distri"ution "# the 0ommissioner of compensation deposited with
him shall cease to appl# in respect of an# such mone#.
!6. R<6es ;18e :@ Centr16 $2?ern;ent t2 :e 61i8 :e92re P1r6i1;ent
!ver# rule made under this Act "# the 0entral 7overnment shall "e laid as soon as ma#
"e after it is made "efore each Douse of $arliament while it is in session for a total
period of thirt# da#s which ma# "e comprised in one session or in two or more
successive sessions and if "efore the e.pir# of the session immediatel# following the
session of the successive sessions aforesaid "oth Douses agree in ma8ing an#
modification in the rule or "oth Douses agree that the rule should not "e made the rule
shall thereafter have effect onl# in such modified form or "e of no effect as the case ma#
"e: so however that an# such modification or annulment shall "e without pre9udice to
the validit# of an#thing previousl# done under that rule.
SCHED%LE I
ESecti2ns *F14 1n8 F&4]
PART I
Cist Of (n9uries Eeemed %o 'esult (n $ermanent %otal Eisa"lement
/.4o. Eescription of in9ur# $ercentage of loss of earning capacit#
1. Coss of "oth hands or amputation at higher sites 1??
2. Coss of a hand and a foot 1??
3. Eou"le amputation through leg or thigh- or amputation through leg or thigh on one
side and loss of other foot 1??
2. Coss of sight to such an e.tent as to render the claimant una"le to perform an# wor8
for which e#e*sight is essential 1??
5. @er# severe facial disfigurement 1??
6. A"solute deafness 1??
PART II
Cist Of (n9uries Eeemed %o 'esult (n $ermanent $artial Eisa"lement
Amputation cases*upper lim"s +either arm,
1 Amputation through shoulder 9oint 9?
2 Amputation "elow shoulder with stump less than 2?.32 cms from tip of acromion =?
3. Amputation from 2?.32 cms from tip of acromion to less than 11.23 cms "elow tip of
olecranon <?
2. Coss of a hand or of the thum" and four fingers of one hand or amputation from 11.23
cms "elow tip of olecranon 6?
5 Coss of thum" 3?
6 Coss of thum" and its metacarpal "one 2?
< Coss of four fingers of one hand 5?
= Coss of three fingers of one hand 3?
9 Coss of two fingers of one hand 2?
1? Coss of terminal phalan. of thum" 2?
A;p<t1ti2n c1ses62Ber 6i;:s
11 Amputation of "oth feet resulting in end "earing stumps 9?
12 Amputation through "oth feet pro.imal to the metatarsophalangeal 9oint =?
13 Coss of all toes of "oth feet through the metatarso*phalngeal 9oint 2?
12 Coss of all toes of "oth feet pro.imal inter*phalangeal 9oint 3?
15 Coss of all toes of "oth feet distal to the pro.imal inter*phalangeal 9oint 2?
16 Amputation at hip 9?
1< Amputation "elow hip with stump not e.ceeding 12.<? cms in length measured from
tip of great trochanter =?
1= Amputation "elow hip with stump e.ceeding 12.<? cms in length measured from tip
of great trochanter "ut not "e#ond middle thigh <?
19 Amputation "elow middle thigh to =.=9 cms "elow 8nee 6?
2? Amputation "elow 8nee with stump e.ceeding =.=9 cms "ut not e.ceeding 12.<?
cms 5?
21 Amputation "elow 8nee with stump e.ceeding 12.<? cms 5?
22 Amputation of one foot resulting in end "earing stump 5?
23 Amputation through one foot pro.imal to the metatarso*phalangeal 9oint 5?
22 Coss of all toes one foot through the metatarso*phalangeal 9oint 2?
OTHER IN/%RIES
25 Coss of one e#e- without complication- the other "eing normal 2?
26 Coss of vision of one e#e- without complications or disfigurement of e#e*"all- the
other "eing normal 3?
26A Coss of partial vision of one e#e 1?
Coss of
A. Fingers of right or left hand
(4E!J F(47!'
2< 6hole 12
2= %wo phalanges 11
29 One phalan. 9
3? 7uillotine amputation of tip without loss of "one 5
A(EEC! F(47!'
31 6hole 12
32 %wo phalanges 9
33 One phalan. <
32 7uillotine amputation of tip without loss of "one 2
'(47 O' C(%%C! F(47!'
35 6hole <
36 %wo phalanges 6
3< One phalan. 5
3= 7ulliotine amputation of tip without loss of "one 2
. %oes of right or left foot
7'!A% %O!
39 %hrough metatarso*phalanges 9oint 12
2? $art -with some loss of "one 3
A4& O%D!' %O!
21 %hrough metatarso*phalangeal 9oint 3
22 $art -with some loss of "one 1
%6O %O!/ OF O4! FOO%- !J0CFE(47 7'!A% %O!
23 %hrough metatarso*phalangeal 9oint 5
22 $art -with some loss of "one 1
%D'!! %O!/ OF O4! FOO%- !J0CFE(47 7'!A% %O!
25 %hrough metatarso*phalangeal 9oint 6
26 $art- with some loss of "one 3
FOF' %O!/ OF O4! FOO%- !J0CFE(47 7'!A% %O!
2< %hrough metatarso*phalangeal 9oint 9
2= $art with some loss of "one 3
4ote ) 0omplete and permanent loss of the use of an# lim" or mem"er referred to in the
/chedule shall "e deemed to "e the e5uivalent of the loss of that lim" or mem"er.
SCHED%LE II
ESecti2n *F14Fn4]
C(/% OF $!'/O4/ 6DO /F>!0% %O %D! $'O@(/(O4/ OF /!0%(O4 2+1,+n, A'!
(40CFE!E (4 %D! E!F(4(%(O4 OF 6O'HA!4
%he following persons are wor8men within the meaning of /ection 2+1,+n, and su"9ect to
the provisions of that section that is to sa# an# person who is *
1.emplo#ed otherwise than in a clerical capacit# or on a railwa# in connection with the
operation repair or maintenance of a lift or a vehicle propelled "# steam or
other mechanical power or "# electricit# or in connection with the loading or unloading
of an# such vehicle or
2. emplo#ed otherwise than in clerical capacit# in an# premises wherein or within the
precincts whereof a manufacturing process as defined in clause +8, of section 2 of the
Factories Act 192= +63 of 192=, is "eing carried on or in an# 8ind of wor8 whatsoever
incident to or connected with an# such manufacturing process or with the article made
whether or not emplo#ment in an# such wor8 is within such premises or precincts and
steam water or other mechanical power or electrical power is used: or
3.emplo#ed for the purpose of ma8ing altering repairing ornamenting finishing or
otherwise adapting for use transport or sale an# article or part of an article in an#
premises wherein or within the percents whereof twent# or more person are so
emplo#ed-
E7p61n1ti2n ) For the purposes of this clause persons emplo#ed outside such premises
or precincts "ut in an# wor8 incidental to or connected with the wor8 relating to ma8ing
altering repairing ornamenting finishing or otherwise adapting for use transport or sale
of an# article or part of an article shall "e deemed to "e emplo#ed within such premises
or precincts) or
2. emplo#ed in the manufacture or handling of e.plosives in connection with the
emplo#erBs trade or "usiness: or
5. emplo#ed in an# mine as defined in clause +9, of section 2 of the Aines Act 1952 +35
of 1952, in an# mining operation or in an# 8ind of wor8 other than clerical wor8
incidental to or connected with an# mining operation or with the mineral o"tained or in
an# 8ind or wor8 whatsoever "elow ground: or
6.emplo#ed as the master or as a seaman of *
+a, an# ship which is propelled wholl# or in part "# steam or other mechanical power of
"# electricit# or which is towed or intended to "e towed "# a ship so propelled: or
+", an# ship not included in su"*clause +a, of twent#*five tonnes net tonnage or over: or
+c, an# sea*going ship not included in su"*clause +a, or su"*clause +", provided with
sufficient area for navigation under sails alone: or
< emplo#ed for the purpose of *
+a, loading unloading fuelling constructing repairing demolishing cleaning or painting
an# ship of which he is not the master or a mem"er of the crew or handling or transport
within the limits of an# post su"9ect to the (ndian $orts Act 19?= +15 of 19?=, or the
Aa9or $ort %rusts Act 1963 +1= of 1963, of goods which have "een discharged from or
are to "e loaded into an# vessel: or
+", warping a ship through the loc8: or
+c, mooring and unmooring ships at har"our wall "erths or in pier: or
+d, removing or replacing dr# doc8 caissons when vessels are entering or leaving dr#
doc8s: or
+e, the doc8ing or undoc8ing of an# vessel during an emergenc#: or
+f, preparing splicing chir springs and chec8 wires painting depth mar8s on loc8sides
removing or replacing fenders whenever necessar# landing of gangwa#s maintaining
life"uo#s up to standard or an# other maintenance wor8 of a li8e nature: or
+g, an# wor8 on 9oll# "oats for "ringing a shipBs line to the wharf: or
= emplo#ed in the construction maintenance repair or demolition of *
+a, an# "uilding which is designed to "e or is or has "een more than one store# in
height a"ove the ground or twelve feet or more from the ground level to the ape. of the
roof or
+", an# dam or em"an8ment which is twelve feet or more in height from its lowest to its
highest point: or
+c, an# road "ridge tunnel or canal: or
+d, an# wharf 5ua# sea wall or other marine wor8 including an# moorings of ships: or
9 emplo#ed in setting up maintaining repairing or ta8ing down an# telegraph or
telephone line or post or an# overhead electric line or ca"le or standard or fittings and
fi.tures for the same: or
1? emplo#ed otherwise than in a clerical capacit# in the construction wor8ing repair or
demolition of an# aerial ropewa# canal pipeline or sewer: or
11 emplo#ed in the service of an# fire "rigade: or
12 emplo#ed upon a railwa# as defined in clause +31, of section 2 and su"*section +1, of
section 19< of the (ndian 'ailwa# Act 19=9 +22 of 19=9, either directl# or through a su"*
contractor "# a person fulfilling a contract with the railwa# administration: or
13 emplo#ed as an inspector mail guard sorter or van peon in the 'ailwa# Aail /ervice
or as a telegraphist or as a postal or railwa# signaller or emplo#ed in an# occupation
ordinaril# involving outdoor wor8 in the (ndian $osts and %elegraphs Eepartment: or
12 emplo#ed otherwise than in a clerical capacit# in connection with operations for
winning natural petroleum or natural gas: or
15 emplo#ed in an# occupation involving "lasting operations: or
16 emplo#ed in the ma8ing of an# e.cavaction in which on an# one da# of the preceding
twelve months more than twent#*five persons have "een emplo#ed or e.plosives have
"een used or whose depth from its highest to its lowest point e.ceeds twelve feet: or
1< emplo#ed in the operation of an# ferr# "oat capa"le of carr#ing more than ten
person: or
1= emplo#ed otherwise than in a clerical capacit# on an# estate which is maintained for
the purpose of growing cardamom cinchona coffee ru""er or tea and on which on an#
one da# in the preceding twelve months twent#*five or more persons have "een so
emplo#ed: or
19 emplo#ed otherwise than in a clerical capacit# in the generating transforming
transmitting or distri"ution of electrical energ# or in generation or suppl# of gas: or
2? emplo#ed in a lighthouse as defined in clause +d, of section 2 of the (ndian
Cighthouse Act 192< +1< of 192<,: or
21 emplo#ed in producing cinematograph pictures intended for pu"lic e.hi"ition or in
e.hi"iting such pictures: or
22 emplo#ed in the training 8eeping or wor8ing of elephants or wild animals: or
23 emplo#ed in the tapping of palm trees or the felling or logging of trees or the
transport of tim"er "# inland waters or the control or e.tinguishing or forests fires: or
22 emplo#ed in operations for the catching or hunting of elephants or other wild
animals: or
25 emplo#ed as a diver: or
26 emplo#ed in the handling or transport of goods in or within the precincts of *
+a, an# warehouse or other place in which goods are stored and in which on an# one
da# of the preceding twelve months ten or more persons have "een so emplo#ed or
+", an# mar8et in which on an# one da# of the preceding twelve months fift# or more
persons have "een so emplo#ed: or
2< emplo#ed in an# occupation involving the handling and manipulation of radium or J*
ra# apparatus or contract with radioactive su"stances: or
2= emplo#ed in or in connection with the construction erection dismantling operation or
maintenance of an aircraft as defined in section 2 of the (ndian Aircraft Act 1932 +22 of
1932,: or
29 emplo#ed in horticultural operations forestr# "ee 8eeping or framing "# tractors or
other contrivances driven "# steam or other mechanical power or "# electricit#: or
3? emplo#ed otherwise than in a clerical capacit# in the construction wor8ing repair or
maintenance of a tu"e*well: or
31 emplo#ed in the maintenance repair or renewal of electric fittings in an# "uilding: or
32 emplo#ed in a circus.
33 emplo#ed as watchman in an# factor# or esta"lishment: or
32 emplo#ed in an# operation in the sea for catching fish:
35 emplo#ed in an# emplo#ment which re5uires handling of sna8es for the purpose of
e.traction of venom or for the purpose of loo8ing after sna8es or handling an# other
poisonous animal or insects: or
36 emplo#ed in handling animals li8e horses mules and "ulls:
3< emplo#ed for the purpose of loading or unloading an# mechanicall# propelled vehicle
or in the handling or transport of goods which have "een loaded in such vehicles:
3= emplo#ed in cleaning of sewer lines or septic tan8s within the limits of a local
authorit#:
39 emplo#ed on surve#s and investigation e.ploration or garage or discharge
o"servation of rivers including drilling operations h#drological o"servations and flood
forecasting activities groundwater surve#s and e.ploration:
2? emplo#ed in cleaning of 9ungles or reclaiming land or ponds in which on an# one da#
of the preceding twelve months more than twent#*five persons have "een emplo#ed:
21 emplo#ed in cultivation of land or rearing and maintenance of live*stoc8 or forest
operations or fishing in which on an# one da# of the preceding twelve months more than
twent#*five persons have "een emplo#ed:
22 emplo#ed in installation maintenance or repair of pumping e5uipment used for lifting
of water from wells tu"e wells ponds la8es streams and the li8e:
23 emplo#ed in the construction "oring or deepening of an open well "ore well "ore*
cum*dug well filter point and the li8e:
22 emplo#ed in spra#ing and dusting of insecticides or pesticides in agricultural
operations or plantations: or
25 emplo#ed in mechanised harvesting and threshing operations:
26 emplo#ed in wor8ing or repair or maintenance of "ulldo;ers tractors power tillers and
the li8e:
2< emplo#ed as artists for drawing pictures on advertisement "oards at a height of 3.66
metres or more from the ground level:
2= emplo#ed in an# newspaper esta"lishment as defined in the 6or8ing >ournalists and
Other 4ewspaper !mplo#ees +0onditions of /ervices, and Aiscellaneous $rovisions
Act 1955 +25 of 1955, and engaged in outdoor wor8.
E7p61n1ti2n ) (n this /chedule the preceding twelve months relates in an# particular
case to the twelve months ending with the da# on which the accident in such case
occurred.
SCHED%LE III
ESecti2n !]
LIST O# OCC%PATIONAL DISEASES
1. (nfectious and parasitic diseases contracted in an occupation where there is a
particular ris8 of contamination
+a,All wor8 involving e.posure to health or la"orator# wor8:
+", All wor8 involving e.posure to veterinar# wor8
+c, 6or8 relating to handling animals- animal carcasses or merchandise which ma#
have "een contaminated "# animals or animal carcasses:
+d, Other wor8 carr#ing a particular ris8 of contamination
2. Eisease caused "# wor8 in compressed air All wor8 involving e.posure to the ris8
concerned
3.Eiseases caused "# lead or its to.ic compounds All wor8 involving e.posure to the
ris8 concerned
2. $oisoning "# nitrous fumes All wor8 involving e.posure to the ris8 concerned
5. $oisoning "# organo phosphorus compounds All wor8 involving e.posure to the ris8
concerned
PART B
1. Eiseases caused "# phosphorus or its to.ic compounds All wor8 involving e.posure
to the ris8 concerned
2. Eiseases caused "# mercur# or its to.ic compounds All wor8 involving e.posure to
the ris8 concerned
3. Eiseases caused "# "en;ene or its to.ic homologues All wor8 involving e.posure to
the ris8 concerned
2. Eiseases caused "# nitro and amino to.ic derivatives of "en;ene or its homologous
All wor8 involving e.posure to the ris8 concerned
5] PA)MENT O# +A$ES ACT, 19!6
[Act 4o. 2 of &ear 1936]
An Act to regulate the pa#ment of wages of certain classes of 1[emplo#ed persons]
6hereas it is e.pedient to regulate the pa#ment of wages to certain classes of
1[emplo#ed persons]:
(t is here"# enacted as follows) *
1. S52rt tit6e, e7tent, c2;;ence;ent 1n8 1pp6ic1ti2n
+1, %his Act ma# "e called the $a#ment of 6ages Act- 1936.
2[+2, (t e.tends to the whole of (ndia 3[G G G]].
+3, (t shall come into force on such 2[date] as the 0entral 7overnment ma#- "#
notification in the Official 7a;ette- appoint.
+2, (t applies in the first instance to the pa#ment of wages to persons emplo#ed in an#
5[factor#- to persons] emplo#ed +otherwise than in a factor#, upon an# railwa# "# a
railwa# administration or- either directl# or through a su"*contractor- "# a person fulfilling
a contract with a railwa# administration- 6[and to persons emplo#ed in an industrial or
other esta"lishment specified in su"*clauses +a, to +g, of clause +ii, of section 2.]
+5, %he /tate 7overnment ma#- after giving three monthsK notice of its intention of so
doing- "# notification in the Official 7a;ette- e.tend the provisions of <[this Act] or an# of
them to the pa#ment of wages to an# class of persons emplo#ed in =[an# esta"lishment
or class of esta"lishments specified "# the 0entral 7overnment or a /tate 7overnment
under su"*clause +h, of clause +ii, of section 2])
9[$'O@(E!E that in relation to an# such esta"lishment owned "# the 0entral
7overnment no such notification shall "e issued e.cept with the concurrence of that
governments.]
+6, 4othing in this Act shall appl# to wages pa#a"le in respect of a wage*period which-
over such wage*period- average 1?[one thousand si. hundred rupees] a month or more.
*. De9initi2ns
(n this Act- unless there is an#thing repugnant in the su"9ect or conte.t-*
11[+i, 1emplo#ed person1 includes the legal representative of a deceased emplo#ed
person:
+ia, 1emplo#er1 includes the legal representative of a deceased emplo#er:
+i", 1factor#1 means a factor# as defined in clause +m, of section 2 of the Factories Act-
192= +63 of 192=, and includes an# place to which the provisions of that Act have "een
applied under su"*section +1, of section =5 thereof:]
+ii, 12[1industrial or other esta"lishment1] means an#*
11[+a, tramwa# service - or motor transport service engaged in carr#ing passengers or
goods or "oth "# road for hire or reward:
+aa, air transport service other than such service "elonging to- or e.clusivel# emplo#ed
in the militar#- naval or air forces of the Fnion or the 0ivil Aviation Eepartment of the
7overnment of (ndia:]
+", doc8- wharf or 9ett#:
13[+c, inland vessel- mechanicall# propelled:]
+d, mine- 5uarr# or oil*field:
+e, plantation:
+f, wor8shop or other esta"lishment in which articles are produced- adapted or
manufactured- with a view to their use- transport or sale:
12[+g, esta"lishment in which an# wor8 relating to the construction- development or
maintenance of "uildings- roads- "ridges or canals- or relating to operations connected
with navigation- irrigation- or to the suppl# of water or relating to the generation-
transmission and distri"ution of electricit# or an# other form of power is "eing carried
on:]
6[+h, an# other esta"lishment or class of esta"lishments which the 0entral 7overnment
or a /tate 7overnment ma#- having regard to the nature thereof- the need for protection
of persons emplo#ed therein and other relevant circumstances- specif#- "# notification in
the Official 7a;ette.]
15[+iia, 1mine1 has the meaning assigned to it in clause +9, of su"*section +1, of section 2
of the Aines Act- 1952 +35 of 1952,:]
11[+iii, 1plantation1 has the meaning assigned to it in clause +f, of section 2 of the
$lantations Ca"our Act- 1951 +69 of 1951,:]
+iv, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+v, 1railwa# administration1 has the meaning assigned to it in clause +6, of section 3 of
the (ndian 'ailwa#s Act- 1=9? +9 of 1=9?,: and
13[+vi, 1wages1 means all remuneration +whether "# wa# of salar#- allowances- or
otherwise, e.pressed in terms of mone# or capa"le of "eing so e.pressed which would-
if the terms of emplo#ment- e.press or implied- were fulfilled- "e pa#a"le to a person
emplo#ed in respect of his emplo#ment or of wor8 done in such emplo#ment- and
includes*
+a, an# remuneration pa#a"le under an# award or settlement "etween the parties or
order of a court:
+", an# remuneration to which the person emplo#ed is entitled in respect of overtime
wor8 or holida#s or an# leave period:
+c, an# additional remuneration pa#a"le under the terms of emplo#ment +whether called
a "onus or "# an# other name,:
+d, an# sum which "# reason of the termination of emplo#ment of the person emplo#ed
is pa#a"le under an# law- contract or instrument which provides for the pa#ment of such
sum- whether with or without deductions- "ut does not provide for the time within which
the pa#ment is to "e made:
+e, an# sum to which the person emplo#ed is entitled under an# scheme framed under
an# law for the time "eing in force-
"ut does not include*
+1, an# "onus +whether under a scheme of profit sharing or otherwise, which does not
form part of the remuneration pa#a"le under the terms of emplo#ment or which is not
pa#a"le under an# award or settlement "etween the parties or order of a court:
+2, the value of an# house*accommodation- or of the suppl# of light- water- medical
attendance or other amenit# or of an# service e.cluded from the computation of wages
"# a general or special order of the /tate 7overnment:
+3, an# contri"ution paid "# the emplo#er to an# pension or provident fund- and the
interest which ma# have accrued thereon:
+2, an# travelling allowance or the value of an# travelling concession:
+5, an# sum paid to the emplo#ed person to defra# special e.penses entailed on him "#
the nature of his emplo#ment: or
+6, an# gratuit# pa#a"le on the termination of emplo#ment in cases other than those
specified in su"*clause +d,.]
!. Resp2nsi:i6it@ 92r p1@;ent 29 B1>es
!ver# emplo#er shall "e responsi"le for the pa#ment to persons emplo#ed "# him of all
wages re5uired to "e paid under this Act)
$'O@(E!E that- in the case of persons emplo#ed +otherwise than "# a contractor,*
+a, in factories- if a person has "een named as the manager of the factor# under
16[clause +f, of su"*section +1, of section < of the Factories Act- 192= +63 of 192=,]:
1<[+", in industrial or other esta"lishments- if there is a person responsi"le to the
emplo#er for the supervision and control of the industrial or other esta"lishments:]
+c, upon railwa#s +otherwise than in factories,- if the emplo#er is the railwa#
administration and the railwa# administration has nominated a person in this "ehalf for
the local area concerned.
%he person so named- the person so responsi"le to the emplo#er- or the person so
nominated- as the case ma# "e 1=[shall also "e responsi"le] for such pa#ment.
&. #i71ti2n 29 B1>eperi28s
+1, !ver# person responsi"le for the pa#ment of wages under section 3 shall fi. periods
+in this Act referred to as wage*periods, in respect of which such wages shall "e
pa#a"le.
+2, 4o wage*period shall e.ceed one month.
,. Ti;e 29 p1@;ent 29 B1>es
+1, %he wages of ever# person emplo#ed upon or in*
+a, an# railwa#- factor# or 12[industrial or other esta"lishment] upon or in which less
than one thousand persons are emplo#ed- shall "e paid "efore the e.pir# of the seventh
da#-
+", an# other railwa#- factor# or 12[industrial or other esta"lishment]- shall "e paid
"efore the e.pir# of the tenth da#-
after the last da# of the wage*period in respect of which the wages are pa#a"le)
15[$'O@(E!E that in the case of persons emplo#ed on a doc8- wharf or 9ett# or in a
mine- the "alance of wages found due on completion of the final tonnage account of the
ship or wagons loaded or unloaded- as the case ma# "e- shall "e paid "efore the e.pir#
of the seventh da# from the da# of such completion.]
+2, 6here the emplo#ment of an# person is terminated "# or on "ehalf of the emplo#er-
the wages- earned "# him shall "e paid "efore the e.pir# of the second wor8ing da#
from the da# on which his emplo#ment is terminated)
15[$'O@(E!E that where the emplo#ment of an# person in an esta"lishment is
terminated due to the closure of the esta"lishment for an# reason other than a wee8l# or
other recognised holida#- the wages earned "# him shall "e paid "efore the e.pir# of the
second da# from the da# on which his emplo#ment is so terminated]
+3, %he /tate 7overnment ma#- "# general or special order- e.empt- to such e.tent and
su"9ect to such conditions as ma# "e specified in the order- the person responsi"le for
the pa#ment of wages to persons emplo#ed upon an# railwa# +otherwise than in a
factor# , 15[or to persons emplo#ed as dail#*rated wor8ers in the $u"lic 6or8s
Eepartment of the 0entral 7overnment or the /tate 7overnment] from the operation of
this section in respect of wages of an# such persons or class of such persons)
15[$'O@(E!E that in the case of persons emplo#ed as dail#*rated wor8ers as
aforesaid- no such order shall "e made e.cept in consultation with the 0entral
7overnment.]
+2, 19[/ave as otherwise provided in su"*section +2,- all pa#ments] of wages shall "e
made on a wor8ing da#.
6. +1>es t2 :e p1i8 in c<rrent c2in 2r c<rrenc@ n2tes
All wages shall "e paid in current coin or currenc# notes or in "oth)
2?[$'O@(E!E that the emplo#er ma#- after o"taining the written authorisation of the
emplo#ed person- pa# him the wages either "# che5ue or "# crediting the wages in his
"an8 account.]
'. De8<cti2ns B5ic5 ;1@ :e ;18e 9r2; B1>es
+1, 4otwithstanding the provisions of su"*section +2, of section 2< of the (ndian
'ailwa#s Act- 1=9? +9 of 1=9?,- the wages of an emplo#ed person shall "e paid to him
without deductions of an# 8ind e.cept those authorised "# or under this Act.
21[!.planation ( ] ) !ver# pa#ment made "# the emplo#ed person to the emplo#er or his
agent shall- for the purposes of this Act- "e deemed to "e a deduction from wages.
12[!.planation (() An# loss of wages resulting from the imposition- for good and
sufficient cause- upon a person emplo#ed of an# of the following penalties- namel#)*
+i, the withholding of increment or promotion +including the stoppage of increment at an
efficienc# "ar,:
+ii, the reduction to a lower post or time scale or to a lower stage in a time scale: or
+iii, suspension:
shall not "e deemed to "e a deduction from wages in an# case where the rules framed
"# the emplo#er for the imposition of an# such penalt# are in conformit# with the
re5uirements- if an#- which ma# "e specified in this "ehalf "# the /tate 7overnment "#
notification in the Official 7a;ette.]
+2, Eeductions from the wages of an emplo#ed person shall "e made onl# in
accordance with the provisions of this Act- and ma# "e of the following 8inds onl#-
namel#)
+a, fines:
+", deductions for a"sence from dut#:
+c, deductions for damage to or loss of goods e.pressl# entrusted to the emplo#ed
person for custod#- or for loss of mone# for which he is re5uired to account- where such
damage or loss is directl# attri"uta"le to his neglect or default:
13[+d, deductions for house*accommodation supplied "# the emplo#er or "#
government or an# housing "oard set up under an# law for the time "eing in force
+whether the government or the "oard is the emplo#er or not, or an# other authorit#
engaged in the "usiness of su"sidising house* accommodation which ma# "e specified
in this "ehalf "# the /tate 7overnment "# notification in the Official 7a;ette:]
+e, deductions for such amenities and services supplied "# the emplo#er as the 22[GGG]
/tate 7overnment 15[or an# officer specified "# it in this "ehalf] ma#- "# general or
special order- authorise.
!.planation) %he word 1services1 in 23[this clause] does not include the suppl# of tools
and raw materials re5uired for the purposes of emplo#ment:
11[+f, deductions for recover# of advances of whatever nature +including advances for
travelling allowance or conve#ance allowance,- and the interest due in respect thereof-
or for ad9ustment of over*pa#ments of wages:
+ff, deductions for recover# of loans made from an# fund constituted for the welfare of
la"our in accordance with the rules approved "# the /tate 7overnment- and the interest
due in respect thereof:
+fff, deductions for recover# of loans granted for house*"uilding or other purposes
approved "# the /tate 7overnment and the interest due in respect thereof:]
+g, deductions of income*ta. pa#a"le "# the emplo#ed person:
+h, deductions re5uired to "e made "# order of a court or other authorit# competent to
ma8e such order:
+i, deductions for su"scriptions to- and for repa#ment of advances from an# provident
fund to which the $rovident Funds Act- 1925 +19 of 1925,- applies or an# recognised
provident fund as defined in 22[section 5=A of the (ndian (ncome %a. Act- 1922 +11 of
1922,]- or an# provident fund approved in this "ehalf "# the /tate 7overnment- during
the continuance of such approval: 25[GGG]
26[+9, deductions for pa#ments to co*operative societies approved "# the /tate
7overnment 15[or an# officer specified "# it in this "ehalf] or to a scheme of insurance
maintained "# the (ndian $ost Office- 2<[and]
13[+8, deductions- made with the written authorisation of the person emplo#ed for
pa#ment of an# premium on his life insurance polic# to the Cife (nsurance 0orporation
Act of (ndia esta"lished under the Cife (nsurance 0orporation Act- 1956 +31 of 1956,- or
for the purchase of securities of the 7overnment of (ndia or of an# /tate 7overnment or
for "eing deposited in an# $ost Office /avings an8 in furtherance of an# savings
scheme of an# such government.]]
6[+88, deductions- made with the written authorisation of the emplo#ed person- for the
pa#ment of his contri"ution to an# fund constituted "# the emplo#er or a trade union
registered under the %rade Fnion Act- 1926 +16 of 1926,- for the welfare of the
emplo#ed persons or the mem"ers of their families- or "oth- and approved "# the /tate
7overnment or an# officer specified "# it in this "ehalf- during the continuance of such
approval:
+888, deductions- made with the written authorisation of the emplo#ed person- for
pa#ment of the fees pa#a"le "# him for the mem"ership of an# trade union registered
under the %rade Fnion Act- 1926 +16 of 1926,:]
15[+l, deductions- for pa#ment of insurance premia on Fidelit# 7uarantee onds:
+m, deductions for recover# of losses sustained "# a railwa# administration on account
of acceptance "# the emplo#ed person of counterfeit or "ase coins or mutilated or
forged currenc# notes:
+n, deductions for recover# of losses sustained "# a railwa# administration on account
of the failure of the emplo#ed person to invoice- to "ill- to collect or to account for the
appropriate charges due to that administration whether in respect of fares- freight-
demurrage- wharfage and cranage or in respect of sale of food in catering
esta"lishments or in respect of sale of commodities in grain shops or otherwise:
+o, deductions for recover# of losses sustained "# a railwa# administration on account
of an# re"ates or refunds incorrectl# granted "# the emplo#ed person where such loss
is directl# attri"uta"le to his neglect or default:]
2?[+p, deductions- made with the written authorisation of the emplo#ed person- for
contri"ution to the $rime AinisterKs 4ational 'elief Fund or to such other Fund as the
0entral 7overnment ma#- "# notification in the Official 7a;ette- specif#:]
2=[+5, deductions for contri"utions to an# insurance scheme framed "# the 0entral
7overnment for the "enefit of its emplo#ees.]
15[+3, 4otwithstanding an#thing contained in this Act- the total amount of deductions
which ma# "e made under su"*section +2, in an# wage*period from the wages of an#
emplo#ed person shall not e.ceed*
+i, in cases where such deductions are wholl# or partl# made for pa#ments to co*
operative societies under clause +9, of su"*section +2,- sevent#*five per cent of such
wages- and
+ii, in an# other case- fift# per cent of such wages)
$'O@(E!E that where the total deductions authorised under su"*section +2, e.ceed
sevent# five per cent or- as the case ma# "e- fift# per cent of the wages- the e.cess ma#
"e recovered in such manner as ma# "e prescri"ed.
+2, 4othing contained in this section shall "e construed as precluding the emplo#er from
recovering from the wages of the emplo#ed person or otherwise an# amount pa#a"le #
such person under an# law for the time "eing in force other than the (ndian 'ailwa#s
Act- 1=9? +9 of 1=9?,.]
(. #ines
+1, 4o fine shall "e imposed on an# emplo#ed person save in respect of such acts and
omissions on his part as the emplo#er- with the previous approval of the /tate
7overnment or of the prescri"ed authorit#- ma# have specified "# notice under su"*
section +2,.
+2, A notice specif#ing such acts and omissions shall "e e.hi"ited in the prescri"ed
manner on the premises in which the emplo#ment is carried on or in the case of
persons emplo#ed upon a railwa# +otherwise than in a factor#,- at the prescri"ed place
or places.
+3, 4o fine shall "e imposed on an# emplo#ed person until he has "een given an
opportunit# of showing cause against the fine- or otherwise than in accordance with
such procedure as ma# "e prescri"ed for the imposition of fines.
+2, %he total amount of fine which ma# "e imposed in an# one wage*period on an#
emplo#ed person shall not e.ceed an amount e5ual to 29[three per cent] of the wages
pa#a"le to him in respect of that wage*period.
+5, 4o fine shall "e imposed on an# emplo#ed person who is under the age of fifteen
#ears.
+6, 4o fine imposed on an# emplo#ed person shall "e recovered from him "#
instalments or after the e.pir# of si.t# da#s from the da# on which it was imposed.
+<, !ver# fine shall "e deemed to have "een imposed on the da# of the act or omission
in respect of which it was imposed.
+=, All fines and all realisations thereof shall "e recorded in a register to "e 8ept "# the
person responsi"le for the pa#ment of wages under section 3 in such form as ma# "e
prescri"ed: and all such realisations shall "e applied onl# to such purposes "eneficial to
the persons emplo#ed in the factor# or esta"lishment as are approved "# the prescri"ed
authorit#.
!.planation ) 6hen the persons emplo#ed upon or in an# railwa#- factor# or
12[industrial or other esta"lishment] are part onl# of a staff emplo#ed under the same
management- all such realisations ma# "e credited to a common fund maintained for
the staff as a whole- provided that the fund shall "e applied onl# to such purposes as
are approved "# the prescri"ed authorit#.
9. De8<cti2ns 92r 1:sence 9r2; 8<t@
+1, Eeductions ma# "e made under clause +", of su"*section +2, of section < onl# on
account of the a"sence of an emplo#ed person from the place or places where- "# the
terms of his emplo#ment- he is re5uired to wor8- such a"sence "eing for the whole or
an# part of the period during which he is so re5uired to wor8.
+2, %he amount of such deduction shall in no case "ear to the wages pa#a"le to the
emplo#ed person in respect of the wage*period for which the deduction is made in a
larger proportion than the period for which he was a"sent "ears to the total period-
within such wage*period- during which "# the terms of his emplo#ment- he was re5uired
to wor8)
$'O@(E!E that- su"9ect to an# rules made in this "ehalf "# the /tate 7overnment- if
ten or more emplo#ed persons acting in concert a"sent themselves without due notice
+that is to sa# without giving the notice which is re5uired under the terms of their
contracts of emplo#ment, and without reasona"le cause- such deduction from an# such
person ma# include such amount not e.ceeding his wages for eight da#s as ma# "# an#
such terms "e due to the emplo#er in lieu of due notice.
3?[!.planation ) For the purposes of this section- an emplo#ed person shall "e deemed
to "e a"sent from the place where he is re5uired to wor8 if- although present in such
place- he refuses- in pursuance of a sta#*in stri8e or for an# other cause which is not
reasona"le in the circumstances- to carr# out his wor8.]
10. De8<cti2ns 92r 81;1>e 2r 62ss
11[+1, A deduction under clause +c, or clause +o, of su"*section +2, of section < shall not
e.ceed the amount of the damage or loss caused to the emplo#er "# the neglect or
default of the emplo#ed person.
+1A, A deduction shall not "e made under clause +c, or clause +m, or clause +n, or
clause +o, of su"*section +2, of section < until the emplo#ed person has "een given an
opportunit# of showing cause against the deduction or otherwise than in accordance
with such procedure as ma# "e prescri"ed for the ma8ing of such deduction.]
+2, All such deduction and all realisations thereof shall "e recorded in a register to "e
8ept "# the person responsi"le for the pa#ment of wages under section 3 in such form
as ma# "e prescri"ed.
11. De8<cti2ns 92r ser?ices ren8ere8
A deduction under clause +d, or clause +e, of su"*section +2, of section < shall not "e
made from the wages of an emplo#ed person- unless the house*accommodation
amenit# or service has "een accepted "# him- as a term of emplo#ment or otherwise-
and such deduction shall not e.ceed an amount e5uivalent to the value of the house*
accommodation amenit# or service supplied and- in the case of deduction under the
said clause +e,- shall "e su"9ect to such conditions as 22[GGG] the /tate 7overnment ma#
impose.
1*. De8<cti2ns 92r rec2?er@ 29 18?1nces
Eeductions under clause +f, of su"*section +2, of section < shall "e su"9ect to the
following conditions- namel#)
+a, recover# of an advance of mone# given "efore emplo#ment "egan shall "e made
from the first pa#ment of wages in respect of a complete wage*period- "ut no recover#
shall "e made of such advances given for travelling*e.penses:
15[+aa, recover# of an advance of mone# given after emplo#ment "egan shall "e
su"9ect to such conditions as the /tate 7overnment ma# impose:]
+", recover# of advances of wages not alread# earned shall "e su"9ect to an# rules
made "# the /tate 7overnment regulating the e.tent to which such advances ma# "e
given and the instalments "# which the# ma# "e recovered.
15[12A. Eeductions for recover# of loans
Eeductions for recover# of loans granted under clause +fff, of su"*section +2, of section
< shall "e su"9ect to an# rules made "# the /tate 7overnment regulating the e.tent to
which such loans ma# "e granted and the rate of interest pa#a"le thereon.]
1!. De8<cti2ns 92r p1@;ents t2 c22per1ti?e s2cieties 1n8 ins<r1nce sc5e;es
Eeductions under clause +9, 2<[and clause +8,] of su"*section +2, of section < shall "e
su"9ect to such conditions as the /tate 7overnment ma# impose.
15[13A. Aaintenance of registers and records
+1, !ver# emplo#er shall maintain such registers and records giving such particulars of
persons emplo#ed "# him- the wor8 performed "# them- the wages paid to them- the
deductions made from their wages- the receipts given "# them and such other
particulars and in such form as ma# "e prescri"ed.
+2, !ver# register and record re5uired to "e maintained under this section shall- for the
purposes of this Act- "e preserved for a period of three #ears after the date of the last
entr# made therein].
1&. Inspect2rs
+1, An (nspector of Factories appointed under 31[su"*section +1, of section = of the
Factories Act- 192= +63 of 192=,]- shall "e an (nspector for the purposes of this Act in
respect of all factories within the local limits assigned to him.
+2, %he /tate 7overnment ma# appoint (nspectors for the purposes of this Act in respect
of all persons emplo#ed upon a railwa# +otherwise than in a factor#, to whom this Act
applies.
+3, %he /tate 7overnment ma#- "# notification in the Official 7a;ette- appoint such other
persons as it thin8s fit to "e (nspectors for the purposes of this Act- and ma# define the
local limits within which and the class of factories and 12[industrial or other
esta"lishments] in respect of which the# shall e.ercise their functions.
11[+2, An (nspector ma#-
+a, ma8e such e.amination and in5uir# as he thin8s fit in order to ascertain whether the
provisions of this Act or rules made thereunder are "eing o"served:
+", with such assistance- if an#- as he thin8s fit- enter- inspect and search an# premises
of an# railwa#- factor# or 12[industrial or other esta"lishment] at an# reasona"le time for
the purpose of carr#ing out the o"9ects of this Act:
+c, supervise the pa#ment of wages to persons emplo#ed upon an# railwa# or in an#
factor# or 12[industrial or other esta"lishment]:
+d, re5uire "# a written order the production at such place- as ma# "e prescri"ed- of an#
register maintained in pursuance of this Act and ta8e on the spot or otherwise
statements of an# persons which he ma# consider necessar# for carr#ing out the
purposes of this Act:
+e, sei;e or ta8e copies of such registers or documents or portions thereof as he ma#
consider relevant in respect of an offence under this Act which he has reason to "elieve
has "een committed "# an emplo#er:
+f, e.ercise such other powers as ma# "e prescri"ed)
$'O@(E!E that no person shall "e compelled under this su"*section to answer an#
5uestion or ma8e an# statement tending to incriminate himself.]
+2A, %he provisions of the 32[0ode of 0riminal $rocedure- 19<3 +2 of l9<2,]shall- so far
as ma# "e- appl# to an# search or sei;ure under this su"*section as the# appl# to an#
search or sei;ure made under the authorit# of a warrant issued under 33[section 92] of
the said 0ode].
+5, !ver# (nspector shall "e deemed to "e a pu"lic servant within the meaning of the
(ndian $enal 0ode- 1=6? +25 of 1=6?,.
15[12A. Facilities to "e afforded to (nspectors
!ver# emplo#er shall afford an (nspector all reasona"le facilities for ma8ing an# entr#-
inspection- supervision- e.amination or in5uir# under this Act.]
1,. C61i;s 1risin> 2<t 29 8e8<cti2ns 9r2; B1>es 2r 8e61@ in p1@;ent 29 B1>es
1n8 pen16t@ 92r ;16ici2<s 2r ?e71ti2<s c61i;s
+1, %he /tate 7overnment ma#- "# notification in the Official 7a;ette- appoint 15[a
presiding officer of an# Ca"our 0ourt or (ndustrial %ri"unal- constituted under the
(ndustrial Eisputes Act- 192< +12 of 192<,- or under an# corresponding law relating to
the investigation and settlement of industrial disputes in force in the /tate or] an#
0ommissioner for 6or8menKs 0ompensation or other officer with e.perience as a >udge
of a 0ivil 0ourt or as a /tipendiar# Aagistrate to "e the authorit# to hear and decide for
an# specified area all claims arising out of deductions from the wages- or dela# in
pa#ment of the wages- 32[of persons emplo#ed or paid in that area- including all
matters- incidental to such claims)
$'O@(E!E that where the /tate 7overnment considers it necessar# so to do- it ma#
appoint more than one authorit# for an# specified area and ma#- "# general or special
order- provide for the distri"ution or allocation of wor8 to "e performed "# them under
this Act.]
+2, 6here contrar# to the provisions of this Act an# deduction has "een made from the
wages of an emplo#ed person- or an# pa#ment of wages has "een dela#ed- such
person himself- or an# legal practitioner or an# official of a registered trade union
authorised in writing to act on his "ehalf- or an# (nspector under this Act- or an# other
person acting with the permission of the authorit# appointed under su"*section +1,- ma#
appl# to such authorit# for a direction under su"*section +3,)
$'O@(E!E that ever# such application shall "e presented within 35[twelve months]
from the date on which the deduction from the wages was made or from the date on
which the pa#ment of the wages was due to "e made- as the case ma# "e)
$'O@(E!E FF'%D!' that an# application ma# "e admitted after the said period
35[twelve months] when the applicant satisfies the authorit# that he had sufficient cause
for not ma8ing the application within such period.
+3, 6hen an# application under su"*section +2, is entertained- the authorit# shall hear
the applicant and the emplo#er or other person responsi"le for the pa#ment of wages
under section 3- or give them an opportunit# of "eing heard- and- after such
further in5uir# +if an#, as ma# "e necessar#- ma#- without pre9udice to an# other penalt#
to which such emplo#er or other person is lia"le under this Act- direct the refund to the
emplo#ed person of the amount deducted- or the pa#ment of the dela#ed wages-
together with the pa#ment of such compensation as the authorit# ma# thin8 fit- not
e.ceeding ten times the amount deducted in the former case and 36[not e.ceeding
twent#*five rupees in the latter- and even if the amount deducted or the dela#ed wages
are paid "efore the disposal of the application- direct the pa#ment of such
compensation- as the authorit# ma# thin8 fit- not e.ceeding twent#*five rupees])
$'O@(E!E that no direction for the pa#ment of compensation shall "e made in the
case of dela#ed wages if the authorit# is satisfied that the dela# was due to*
+a, a "ona fide error or "ona fide dispute as to the amount pa#a"le to the emplo#ed
person- or
+", the occurrence of an emergenc#- or the e.istence of e.ceptional circumstances-
such that the person responsi"le for the pa#ment of the wages was una"le- though
e.ercising reasona"le diligence- to ma8e prompt pa#ment- or
+c, the failure of the emplo#ed person to appl# for or accept pa#ment.
11[+2, (f the authorit# hearing an application under this section is satisfied*
+a, that the application was either malicious or ve.atious- the authorit# ma# direct that a
penalt# not e.ceeding fift# rupees "e paid to the emplo#er or other person responsi"le
for the pa#ment of wages "# the person presenting the application: or
+", that in an# case in which compensation is directed to "e paid under su"*section +3,-
the applicant ought not to have "een compelled to see8 redress under this section- the
authorit# ma# direct that a penalt# not e.ceeding fift# rupees "e paid to the /tate
7overnment "# the emplo#er or other person responsi"le for the pa#ment of wages.
+2A, 6here there is an# dispute as to the person or persons "eing the legal
representative or representatives of the emplo#er or of the emplo#ed person- the
decision of the authorit# on such dispute shall "e final.
+2, An# in5uir# under this section shall "e deemed to "e a 9udicial proceeding within
the meaning of sections 193- 219 and 22= of the (ndian $enal 0ode +25 of 1=6?,.]
+5, An# amount directed to "e paid under this section ma# "e recovered*
+a, if the authorit# is a Aagistrate- "# the authorit# as if it were a fine imposed "# him as
Aagistrate- and
+", if the authorit# is not a Aagistrate- "# an# Aagistrate to whom the authorit# ma8es
application in this "ehalf- as if it were a fine imposed "# such Aagistrate.
16. Sin>6e 1pp6ic1ti2n in respect 29 c61i;s 9r2; <np1i8 >r2<p
+1, !mplo#ed persons are said to "elong to the same unpaid group if the# are "orne on
the same esta"lishment and if 15[deductions have "een made from their wages in
contravention of this Act for the same cause and during the same wage*period or
periods or if] their wages for the same wage*period or periods have remained unpaid
after the da# fi.ed "# section 5.
+2, A single application ma# "e presented under section l5 on "ehalf or in respect of an#
num"er of emplo#ed persons "elonging to the same unpaid group- and in such case
11[ever# person on whose "ehalf such application is presented ma# "e awarded
ma.imum compensation to the e.tent specified in su"*section +3, of section 15].
+3, %he authorit# ma# deal with an# num"er of separate pending applications- presented
under section 15 in respect of persons "elonging to the same unpaid group- as a single
application presented under su"*section +2, of this section- and the provisions of that
su"*section shall appl# accordingl#.
1'. Appe16
+1, 3<[An appeal against an order dismissing either wholl# or in part an application
made under su"*section +2, of section 15- or against a direction made under su"*
section +3, or su"*section +2, of that section] ma# "e preferred- within thirt# da#s of the
date on which 3=[the order or direction] was made- in a $residenc#*town 39[GGG] "efore
the 0ourt of /mall 0auses and elsewhere "efore the Eistrict 0ourt*
+a, "# the emplo#er or other person responsi"le for the pa#ment of wages under section
3- if the total sum directed to "e paid "# wa# of wages and compensation e.ceeds three
hundred rupees 15[or such direction has the effect of imposing on the emplo#er or the
other person a financial lia"ilit# e.ceeding one thousand rupees]- or
11[+", "# an emplo#ed person or an# legal practitioner or an# official of a registered
trade union authorised in writing to act on his "ehalf or an# (nspector under this Act- or
an# other person permitted "# the authorit# to ma8e an application under su"*section
+2, of section 15- if the total amount of wages claimed to have "een withheld from the
emplo#ed person e.ceeds twent# rupees or from the unpaid group to which the
emplo#ed person "elongs or "elonged e.ceeds fift# rupees- or]
+c, "# an# person directed to pa# a penalt# under su"*section +2, of section 15.
15[+1A, 4o appeal under clause +a, of su"*section +1, shall lie unless the memorandum
of appeal is accompanied "# a certificate "# the authorit# to the effect that the appellant
has deposited the amount pa#a"le under the direction appealed against.]
13[+2, /ave as provided in su"*section +1, an# order dismissing either wholl# or in part
an application made under su"*section +2, of section 15- or a direction made under su"*
section +3, or su"*section +2, of that section shall "e final.]
65[+3, 6here an emplo#er prefers an appeal under this section the authorit# against
whose decision the appeal has "een preferred ma#- and if so directed "# the court
referred to in su"*section +1, shall- pending the decision of the appeal- withhold
pa#ment of an# sum in deposit with it.
+2, %he court referred to in su"*section +1, ma# if it thin8s fit su"mit an# 5uestion of law
for the decision of the Digh 0ourt and- if it so does- shall decide the 5uestion in
conformit# with such decision.]
12[1<A. 0onditional attachment of propert# of emplo#er or other person responsi"le for
pa#ment of wages
+1, 6here at an# time after an application has "een made under su"*section +2, of
section 15 the authorit#- or where at an# time after an appeal has "een filed under
section 1< "# an emplo#ed person or 11[an# legal practitioner or an# official of a
registered trade union authorised in writing to act on his "ehalf or an# (nspector under
this Act or an# other person permitted "# the authorit# to ma8e an application under
su"*section +2, of section 15] the 0ourt referred to in that section- is satisfied that the
emplo#er or other person responsi"le for the pa#ment of wages under section 3 is li8el#
to evade pa#ment of an# amount that ma# "e directed to "e paid under section 15 or
section 1<- the authorit# or the court- as the case ma# "e- e.cept in cases where the
authorit# or court is of the opinion that the ends of 9ustice would "e defeated "# the
dela#- after giving the emplo#er or other person an opportunit# of "eing heard- ma#
direct the attachment of so much of the propert# of the emplo#er or other person
responsi"le for the pa#ment of wages as is- in the opinion of the authorit# or court-
sufficient to satisf# the amount which ma# "e pa#a"le under the direction.
+2, %he provisions of the 0ode of 0ivil $rocedure- 19?= +5 of 19?=,- relating to
attachment "efore 9udgement under that 0ode shall- so far as ma# "e- appl# to an#
order for attachment under su"*section +1,.]
1(. P2Bers 29 1<t52rities 1pp2inte8 <n8er secti2n 1,
!ver# authorit# appointed under su"*section +1, of section 15 shall have all the powers
of a civil court under the 0ode of 0ivil $rocedure- 19?= +5 of 19?=,- for the purpose of
ta8ing evidence and of enforcing the attendance of witnesses and compelling the
production of documents- and ever# such authorit# shall "e deemed to "e a civil court
for all the purposes of section 195 and of 2?[0hapter JJ@( of the 0ode of 0riminal
$rocedure- 19<3 +2 of 19<2,.]
19. P2Ber t2 rec2?er 9r2; e;p62@er in cert1in c1ses ['epealed "# the $a#ment of
6ages +Amendment, Act- 1962 +53 of 1962,- w.e.f. 1st. Fe"ruar#- 1965]
*0. Pen16t@ 92r 299ences <n8er t5e Act
+1, 6hoever "eing responsi"le for the pa#ment of wages to an emplo#ed person
contravenes an# of the provisions of an# of the following sections- namel#- 21[section 5
e.cept su"*section +2, thereof- section <- section = e.cept su"*section +=, thereof-
section 9- section 1? e.cept su"*section +2, thereof- and section 11 to 13]- "oth
inclusive- shall "e punisha"le with fine 22[which shall not "e less than two hundred
rupees "ut which ma# e.tend to one thousand rupees.]
+2, 6hoever contravenes the provisions of section 2- 23[su"*section +2, of section 5-
section 6- su"*section +=, of section =- su"*section +2, of section 1?] or section 25 shall
"e punisha"le with fine which ma# e.tend to 22[five hundred rupees.]
15[+3, 6hoever "eing re5uired under this Act to maintain an# records or registers or to
furnish an# information or return*
+a, fails to maintain such register or record: or
+", wilfull# refuses or without lawful e.cuse neglects to furnish such information or
return: or
+c, wilfull# furnishes or causes to "e furnished an# information or return which he 8nows
to "e false: or
+d, refuses to answer or wilfull# gives a false answer to an# 5uestion necessar# for
o"taining an# information re5uired to "e furnished under this Act-
shall- for each such offence- "e punisha"le with fine 25[which shall not "e less than two
hundred rupees "ut which ma# e.tend to one thousand rupees].
+2, 6hoever*
+a, wilfull# o"structs an (nspector in the discharge of his duties under this Act: or
+", refuses or wilfull# neglects to afford an (nspector an# reasona"le facilit# for ma8ing
an# entr#- inspection- e.amination- supervision- or in5uir# authorised "# or under this
Act in relation to an# railwa#- factor# or 12[industrial or other esta"lishment]: or
+c, wilfull# refuses to produce on the demand of an (nspector an# register or other
document 8ept in pursuance of this Act: or
+d, prevents or attempts to prevent or does an#thing which he has an# reason to "elieve
is li8el# to prevent an# person from appearing "efore or "eing e.amined "# an (nspector
acting in pursuance of his duties under this Act:
shall "e punisha"le with fine 25[which shall not "e less than two hundred rupees "ut
which ma# e.tend to one thousand rupees.]
+5, (f an# person who has "een convicted of an# offence punisha"le under this Act is
again guilt# of an offence involving contravention of the same provision- he shall "e
punisha"le on a su"se5uent conviction with imprisonment for a term 26[which shall not
"e less than one month "ut which ma# e.tend to si. months and with fine which shall
not "e less than five hundred rupees "ut which ma# e.tend to three thousand rupees])
$'O@(E!E that for the purpose of this su"*section no cogni;ance shall "e ta8en of an#
conviction made more than two #ears "efore the date on which the commission of the
offence which is "eing punished came to the 8nowledge of the (nspector.
+6, (f an# person fails or wilfull# neglects to pa# the wages of an# emplo#ed person "#
the date fi.ed "# the authorit# in this "ehalf- he shall- without pre9udice to an# other
action that ma# "e ta8en against him- "e punisha"le with an additional fine which ma#
e.tend to 2<[one hundred rupees] for each da# for which such failure or neglect
continues.]
*1. Pr2ce8<re in tri16 29 299ences
+1, 4o court shall ta8e cogni;ance of a complaint against an# person for an offence
under su"*section +1, of section 2? unless an application in respect of the facts
constituting the offence has "een presented under section 15 and has "een granted
wholl# or in part and the authorit# empowered under the latter section or the appellate
0ourt granting such application has sanctioned the ma8ing of the complaint.
+2, efore sanctioning the ma8ing of a complaint against an# person for an offence
under su"*section +1, of section 2?- the authorit# empowered under section 15 or the
appellate 0ourt- as the case ma# "e- shall give such person an opportunit# of showing
cause against the granting of such sanction- and the sanction shall not "e granted if
such person satisfies the authorit# or 0ourt that his default was due to*
+a, a "ona fide error or "ona fide dispute as to the amount pa#a"le to the emplo#ed
person- or
+", the occurrence of an emergenc# or the e.istence of e.ceptional circumstances- such
that the person responsi"le for the pa#ment of the wages was una"le- though e.ercising
reasona"le diligence- to ma8e prompt pa#ment- or
+c, the failure of the emplo#ed person to appl# for or accept pa#ment.
+3, 4o 0ourt shall ta8e cogni;ance of a contravention of section 2 or of section 6 or of a
contravention of an# rule made under section 26 e.cept on a complaint made "# or with
the sanction of an (nspector under this Act.
15[+3A, 4o 0ourt shall ta8e cogni;ance of an# offence punisha"le under su"*section +3,
or su"*section +2, of section 2? e.cept on a complaint made "# or with the sanction of
an (nspector under this Act.]
+2, (n imposing an# fine for an offence under su"*section +1, of section 2? the court shall
ta8e into consideration the amount of an# compensation alread# awarded against the
accused in an# proceedings ta8en under section 15.
**. B1r 29 s<its
4o 0ourt shall entertain an# suit for the recover# of wages or of an# deduction from
wages in so far as the sum so claimed*
+a, forms the su"9ect of an application under section 15 which has "een presented "#
the plaintiff and which is pending "efore the authorit# appointed under that section or of
an appeal under section 1<: or
+", has formed the su"9ect of a direction under section 15 in favour of the plaintiff: or
+c, has "een ad9udged- in an# proceeding under section 15- not to "e owed to the
plaintiff: or
+d, could have "een recovered "# an application under section 15.
15[22A. $rotection of action ta8en in good faith
4o suit- prosecution or other legal proceeding shall lie against the government or an#
officer of the government for an#thing which is in good faith done or intended to "e done
under this Act.]
*!. C2ntr1ctin> 2<t
An# contract or agreement- whether made "efore or after the commencement of this
Act- where"# an emplo#ed person relin5uishes an# right conferred "# this Act shall "e
null and void in so far as it purports to deprive him of such right.
2=[*&. App6ic1ti2n 29 Act t2 r1i6B1@s, 1ir tr1nsp2rt ser?ices, ;ines 1n8 2i69ie68s
%he powers "# this act conferred upon the /tate 7overnment shall- in relation to
29[railwa#s]- 15[air transport services-] mines and oilfields- "e powers of the 0entral
7overnment.]
*,. Disp61@ :@ n2tice 29 1:str1cts 29 t5e Act
%he person responsi"le for the pa#ment of wages to persons : 5?[emplo#ed in a factor#
or an industrial or other esta"lishment] shall cause to "e 51[displa#ed in such factor# or
industrial or other esta"lishment] a notice containing such a"stracts of this Act and of
the rules made thereunder in !nglish and in the language of the ma9orit# of the persons
emplo#ed 52[in the factor#- or industrial or other esta"lishment]- as ma# "e prescri"ed.
53[25A. $a#ment of undis"ursed wages in case of death of emplo#ed person
+1, /u"9ect to the other provisions of the Act all amounts pa#a"le to an emplo#ed
person as wages shall- if such amounts could not or cannot "e paid on account of his
death "efore pa#ment or on account of his wherea"outs not "eing 8nown-*
+a, "e paid to the person nominated "# him in this "ehalf in accordance with the rules
made under this Act: or
+", where no such nomination has "een made or where for an# reasons such amounts
cannot "e paid to the person so nominated- "e deposited with the prescri"ed authorit#
who shall deal with the amounts so deposited in such manner as ma# "e prescri"ed.
+2, 6here- in accordance with the provisions of su"*section +1,- all amounts pa#a"le to
an emplo#ed person as wages*
+a, are paid "# the emplo#er to the person nominated "# the emplo#ed person: or
+", are deposited "# the emplo#er with the prescri"ed authorit#-
the emplo#er shall "e discharged of his lia"ilit# to pa# those wages.]
*6. R<6e;1=in> p2Ber
+1, %he /tate 7overnment ma# ma8e rules to regulate the procedure to "e followed "#
the authorities and courts referred to in sections 15 and 1<.
+2, %he /tate 7overnment ma#- =9[GGG] "# notification in the Official 7a;ette- ma8e rules
for the purpose of carr#ing into effect the provisions of this Act.
+3, (n particular and without pre9udice to the generalit# of the foregoing power- rules
made under su"*section +2, ma#*
+a, re5uire the maintenance of such records- registers- returns and notices as are
necessar# for the enforcement of the Act 52[prescri"e the form thereof and the
particulars to "e entered in such registers or records]:
+", re5uire the displa# in a conspicuous place on premises where emplo#ment is carried
on of notices specif#ing rates of wages pa#a"le to persons emplo#ed on such premises:
+c, $rovide for the regular inspection of the weights- measures and weighing machines
used "# emplo#ers in chec8ing or ascertaining the wages of persons emplo#ed "#
them:
+d, prescri"e the manner of giving notice of the da#s on which wages will "e paid:
+e, prescri"e the authorit# competent to approve under su"*section +1, of section = acts
and omissions in respect of which fines ma# "e imposed:
+f, prescri"e the procedure for the imposition of fines under section = and for the ma8ing
of the deductions referred to in section 1?:
+g, prescri"e the conditions su"9ect to which deductions ma# "e made under the proviso
to su"*section +2, of section 9:
+h, prescri"e the authorit# competent to approve the purposes on which the proceeds of
fines shall "e e.pended:
+i, prescri"e the e.tent to which advances ma# "e made and the instalments "# which
the# ma# "e recovered with reference to clause +", of section 12:
15[+ia, prescri"e the e.tent to which loans ma# "e granted and the rate of interest
pa#a"le thereon with reference to section 12A-.
+i", prescri"e the powers of (nspectors for the purposes of this Act:]
+9, regulate the scale of costs which ma# allowed in proceedings under this Act:
+8, prescri"e the amount of court*fees pa#a"le in respect of an# proceedings under this
Act- 55[GGG]
+l, prescri"e the a"stracts to "e contained in the notices re5uired "# section 25: 56[GGG]
6[+la, prescri"e the form and manner in which nominations ma# "e made for the
purposes of su"*section +1, of section 25A- the cancellation or variation of an# such
nomination- or the ma8ing of an# fresh nomination in the event of the nominee
predeceasing the person ma8ing nomination- and other matters connected with such
nominations:
+l", specif# the authorit# with whom amounts re5uired to "e deposited under clause +",
of su"*section +1, of section 25A shall "e deposited- and the manner in which such
authorit# shall deal with the amounts deposited with it under that clause:]
6[+m, provide for an# other matter which is to "e or ma# "e prescri"ed.]
+2, (n ma8ing an# rule under this section the /tate 7overnment ma# provide that a
contravention of the rule shall "e punisha"le with fine which ma# e.tend to two hundred
rupees.
+5, All rules made under this section shall "e su"9ect to the condition of previous
pu"lication- and the date to "e specified under clause +3, of section 23 of the 7eneral
0lauses Act- 1=9< +1? of 1=9<,- shall not "e less than three months from the date on
which the draft of the proposed rules was pu"lished.
6[+6, !ver# rule made "# the 0entral 7overnment under this section shall "e laid- as
soon as ma# "e after it is made- "efore each Douse of $arliament while it is in session
for a total period of thirt# da#s which ma# "e comprised in one session or in 5<[two or
more successive sessions-] and if- "efore the e.pir# of the session 5=[immediatel#
following the session or the successive sessions aforesaid-] "oth Douses agree in
ma8ing an# modification in the rule- or "oth Douses agree that the rule should not "e
made- the rule shall thereafter have effect onl# in such modified form or "e of no effect-
as the case ma# "e: so however- that an# such modification or annulment shall "e
without pre9udice to the validit# of an#thing previousl# done under that rule.]
#OOT NOTES
1 /u"stituted "# Act 4o. 3= of 19=2- for the words 1persons emplo#ed in industr#1 w.e.f.
15th. Octo"er- 19=2.
2 /u"stituted for su"*section +2, "# the Adaptation of Caws Order- 195?.
3 Omitted "# Act 4o. 51 of 19<?- w.e.f. 1st. /eptem"er- 19<1.
2 2=*3*193<- see 7a;ette of (ndia- 193<- $art (- page 626.
5 /u"stituted "# Act 4o. 3= of 19=2- for the words 1factor# and to persons1 w.e.f. 15th.
Octo"er- 19=2.
6 (nserted "# Act 4o. 3= of 19=2- w.e.f. 15th. Octo"er- 19=2.
< /u"stituted "# Act 4o. 6= of 195<- for the words 1the Act1 w.e.f. 1st. April- 195=.
= /u"stituted for the words 1an# industrial esta"lishment or in an# class or group of
industrial esta"lishments1 "# Act 4o. 3= of 19=2- w.e.f. 15th. Octo"er- 19=2.
9 /u"stituted "# Act 4o. 3= of 19=2- for the proviso w.e.f. 15th. Octo"er- 19=2.
1? /u"stituted "# Act 4o. 3= of 19=2- for the words 1one thousand rupees1 - w.e.f. 15th.
Octo"er- 19=2.
11 /u"stituted "# Act 4o. 53 of 1962- w.e.f. 1st. Fe"ruar#- 1965.
12 /u"stituted "# Act 4o. 3= of 19=2- for the words 1industrial esta"lishment1- w.e.f.
15th. Octo"er- 19=2.
13 /u"stituted "# Act 4o. 6= of 195<- w.e.f. 1st. April- 195=.
12 (nserted "# Act 4o. 6= of 195<- w.e.f. 1st. April- 195=.
15 (nserted "# Act 4o. 53 of 1962- w.e.f. 1st. Fe"ruar#- 1965.
16 /u"stituted "# Act 4o. 6= of 195<- for the words- "rac8ets and figures 1clause +e, of
su"*section +1, of section 9 of Factories Act- 19321- w.e.f. 1st. April- 195=.
1< /u"stituted "# Act 4o. 3= of 19=2- w.e.f. 15th. Octo"er- 19=2.
1= /u"stituted "# Act 4o. 53 of 1962- for the words 1shall "e responsi"le1 w.e.f. 1st.
Fe"ruar#- 1965.
19 /u"stituted "# Act 4o. 53 of 1962 for the words 1All pa#ments1 w.e.f. 1st. Fe"ruar#-
1965.
2? (nserted "# Act 4o. 29 of 19<6- w.e.f. 12*11*19<5.
21 !.planation re*num"ered as !.planation 1 "# Act 4o. 6= of 195<- w.e.f. 1st. April-
195=.
22 %he words 17overnor* 7eneral in 0ouncil or1 omitted "# 7ovt. of (ndia +Adap. of
(ndian Caws, Order- 193<.
23 /u"stituted "# Act 4o. 56 of 19<2- /ch. ((- for the words 1this su"*clause1.
22 'efer to corresponding provision of (ncome %a. Act- 1961.
25 %he word 1and1 omitted "# Ordinance 3 of 192?.
26 6hen the Eefence of (ndia Act- 19<1 is in e.istence- section < of the Act would have
full effect as if after clause +i, the following clause +ii, stood in force)
1+ii, deductions made with the written authorisation of*
+i, %he emplo#ed person: or
+ii, the president or secretar# of the registered trade union of which the emplo#ed
person is a mem"er on such conditions as ma# "e prescri"ed- for contri"ution to the
4ational Eefence Fund or to an# Eefence /avings /cheme approved "# the /tate
7overnment:1.
2< (nserted "# Ordinance 3 of 192?.
2= (nserted "# Act 4o. 19 of 19<<
29 /u"stituted "# Act 4o. 3= of 19=2- for the words 1half *an*anna in the rupee1- w.e.f.
15th. Octo"er- 19=2.
3? Added "# Act 4o. 22 of 193<.
31 /u"stituted "# Act 4o. 6= of 195<- for the words- "rac8ets and figures 1su"*section
+1, of section 1? of the Factories Act- 19321 w.e.f. 1st. April- 195=.
32 /u"stituted "# Act 4o. 3= of 19=2- for the figures 10r. $. 0.- 1=9=1- w.e.f. 15th.
Octo"er- 19=2.
33 /u"stituted "# Act 4o. 3= of 19=2- for the words 1section 9=1 w.e.f. 15th. Octo"er-
19=2.
32 /u"stituted "# Act 4o. 53 of 1962 for the words 1of persons emplo#ed or paid in that
area1 w.e.f. 1st. Fe"ruar#- 1965.
35 /u"stituted "# Act 4o. 53 of 1962- for the words 1si. months1 w.e.f. 1st. Fe"ruar#-
1965.
36 /u"stituted "# Act 4o. 53 of 1962- for the words 1not e.ceeding ten rupees in the
latter1- w.e.f. 1st. Fe"ruar#- 1965.
3< /u"stituted "# Act 4o. 6= of 195<- for the words- "rac8ets and figures 1An appeal
against a direction made under su"*section +3, or su"*section +2, of section 151 w.e.f.
1st. April- 195=.
3= /u"stituted "# Act 4o. 6= of 195< for the words 1the direction1- w.e.f. 1st. April- 195=.
39 %he words 1or in 'angoon1 omitted "# the 7overnment of (ndia +Adaptation of (ndian
Caws, Order- 193<.
2? /u"stituted for 10hapter JJJ@ of the 0ode of 0riminal $rocedure- 1=9=1 "# Act 4o.
3= of 19=2- w.e.f. 15th. Octo"er- 19=2.
21 /u"stituted "# Act 4o. 53 of 1962- for the words and figures 1section 5 and sections
< to 131 w.e.f. 1st. Fe"ruar#- 1965.
22 /u"stituted "# Act 4o. 3= of 19=2- for the words 1which ma# e.tend to five hundred
rupees1 w.e.f. 15th. Octo"er- 19=2.
23 /u"stituted "# Act 4o. 53 of 1962- for the word and figure 1section 61 w.e.f. 1st.
Fe"ruar#- 1965.
22 /u"stituted "# Act 4o. 3= of 19=2- for the words 1two hundred rupees1 w.e.f. 15th.
Octo"er- 19=2.
25 /u"stituted "# Act 4o. 3= of 19=2- for the words 1which ma# e.tend to five hundred
rupees1 w.e.f. 15th. Octo"er- 19=2.
26 /u"stituted "# Act 4o. 3= of 19=2- for the words 1which ma# e.tend to three months
or with fine which ma# e.tend to one thousand rupees or with "oth1 w.e.f. 15th. Octo"er-
19=2.
2< /u"stituted for the words 1fift# rupees1 "# Act 4o. 3= of 19=2- w.e.f. 15th. Octo"er-
19=2.
2= /u"stituted "# the 7overnment of (ndia +Adaptation of (ndian Caws, Order- 193<- for
the original section 22.
29 /u"stituted "# the Adaptation of Caws Order- 195?- for the words- "rac8ets and
figures 1Federal railwa#s +within the meaning of the 7overnment of (ndia Act- 1935,1.
5? /u"stituted "# Act 4o. 3= of 19=2- for the words 1emplo#ed in a factor#1 w.e.f. 15th.
Octo"er- 19=2.
51 /u"stituted "# Act 4o. 3= of 19=2- for the words 1displa#ed in such factor#1 w.e.f.
15th. Octo"er- 19=2.
52 /u"stituted "# Act 4o. 3= of 19=2- for the words 1in the factor#1 w.e.f. 15th. Octo"er-
19=2.
53 (nserted "# Act 4o. 3= of 19=2- w.e.f. 1st. Aarch- 1992 vide 7/' 2=< +!, dated 1st.
Aarch- 1992.
52 /u"stituted "# Act 4o. 53 of 1962- for the words 1and prescri"e the form thereof1
w.e.f. 1st. Fe"ruar#- 1965.
55 %he word 1and1 omitted "# Act 4o. 53 of 1962- w.e.f. 1st. Fe"ruar#- 1965.
56 %he word 1and1 omitted "# Act 4o. 3= of 19=2 w.e.f. 15th. Octo"er- 19=2.
5< /u"stituted "# Act 4o. 3= of 19=2- for the words 1two successive sessions1 w.e.f.
15th. Octo"er- 19=2.
5= /u"stituted "# Act 4o. 3= of 19=2- for the words 1in which it is so laid or session
immediatel# following1 w.e.f. 15th. Octo"er- 19=2.
6] MINIM%M +A$ES ACT, 19&(
[Act 4o. 11 of &ear 192=- dated 15th. Aarch- 192=]
An Act to provide for fi.ing minimum rates of wages in certain emplo#ments6hereas it
is e.pedient to provide for fi.ing minimum rates of wages in certain emplo#ments:
(t is here"# enacted as follows) *
1. S52rt tit6e 1n8 e7tent
+1, %his Act ma# "e called the Ainimum 6ages Act- 192=. +2, (t e.tends to the whole of
(ndia.l[GGG]
*. Interpret1ti2n
(n this Act- unless there is an#thing repugnant in the su"9ect or conte.t-*
2[+a, 1adolescent1 means a person who has completed his fourteenth #ears of age "ut
has not completed his eighteenth #ear: +aa, 1adult1 means a person who has completed
his eighteenth #ears of age:]
+", 1appropriate government1 means*
+i, in relation to an# scheduled emplo#ment carried on "# or under the authorit# of the
3[0entral 7overnment or a railwa# administration]- or in relation to a mine- oilfield or
ma9or port- or an# corporation esta"lished "# 2[a 0entral Act]- the 0entral 7overnment-
and
+ii, in relation to an# other scheduled emplo#ment- the /tate 7overnment: 5+"", 1child1
means a person who has not completed his fourteenth #ear of age:]
+c, 1competent authorit#1 means the authorit# appointed "# the appropriate government
"# notification in its Official 7a;ette to ascertain from time to time the cost of living inde.
num"er applica"le to the emplo#ees emplo#ed in the scheduled emplo#ments specified
in such notification:
+d, 1cost of living inde. num"er1 in relation to emplo#ees in an# scheduled emplo#ment
in respect of which minimum rates of wages have "een fi.ed- means the inde. num"er
ascertained and declared "# the competent authorit# "# notification in the Official
7a;ette to "e the cost of living inde. num"er applica"le to emplo#ees in such
emplo#ment:
+e, 1emplo#er1 means an# person who emplo#s- whether directl# or through another
person- or whether on "ehalf of himself or an# other person- one or more emplo#ees in
an# scheduled emplo#ment in respect of which minimum rates of wages have "een
fi.ed under this Act- and includes- e.cept in su"*section +3, of section 26-*
+i, in a factor# where there is carried on an# scheduled emplo#ment in respect of which
minimum rates of wages have "een fi.ed under this Act- an# person named under
6[clause +f, of su"*section +1, of section < of the Factories Act- 192= +63 of 192=,]- as
manager of the factor#:
+ii, in an# scheduled emplo#ment under the control of an# government in (ndia in
respect of which minimum rates of wages have "een fi.ed under this Act- the person or
authorit# appointed "# such government for the supervision and control of emplo#ees or
where no person or authorit# is so appointed the head of the department:
+iii, in an# scheduled emplo#ment under an# local authorit# in respect of which minimum
rates of wages have "een fi.ed under this Act- the person appointed "# such authorit#
for the supervision and control of emplo#ees or where no person is so appointed- the
chief e.ecutive officer of the local authorit#:
+iv, in an# other case where there is carried on an# scheduled emplo#ment in respect of
which minimum rates of wages have "een fi.ed under this Act- an# person responsi"le
to the owner for the supervision and control of the emplo#ees or for the pa#ment of
wages:
+f, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+g, 1scheduled emplo#ment1 means an emplo#ment specified in the /chedule- or an#
process or "ranch of wor8 forming part of such emplo#ment:
+h, 1wages1 means all remuneration- capa"le of "eing e.pressed in terms of mone#-
which would- if the terms of the contract of emplo#ment- e.press or implied- were
fulfilled- "e pa#a"le to a person emplo#ed in respect of his emplo#ment or of wor8 done
in such emplo#ment <[and includes house rent allowance]- "ut does not include*
+i, the value of* +a, an# house- accommodation- suppl# of light- water- medical
attendance- or +", an# other amenit# or an# service e.cluded "# general or special
order of the appropriate government:
+ii, an# contri"ution paid "# the emplo#er to an# pension fund or provident fund or under
an# scheme of social insurance:
+iii, an# travelling allowance or the value of an# travelling concession:
+iv, an# sum paid to the person emplo#ed to defra# special e.penses entailed on him "#
the nature of his emplo#ment: or
+v, an# gratuit# pa#a"le on discharge: +i, 1emplo#ee1 means an# person who is
emplo#ed for hire or reward to do an# wor8- s8illed or uns8illed- manual or clerical- in a
scheduled emplo#ment in respect of which minimum rates of wages have "een fi.ed:
and includes an out*wor8er to whom an# articles or materials are given out "# another
person to "e made up- cleaned- washed- altered- ornamented- finished- repaired-
adapted or otherwise processed for sale for the purposes of the trade or "usiness of
that other person where the process is to "e carried out either in the home of the out*
wor8er or in some other premises not "eing premises under the control and
management of that other person: and also includes an emplo#ee declared to "e an
emplo#ee "# the appropriate government: "ut does not include an# mem"er of the
Armed Forces of the-=[Fnion].
!. #i7in> 29 ;ini;<; r1tes 29 B1>es
9[+1, %he appropriate government shall- in the manner hereinafter provided-*
1?[+a, fi. the minimum rates of wages pa#a"le to emplo#ees emplo#ed in an
emplo#ment specified in $art ( or $art (( of the /chedule and in an emplo#ment added
to either $art "# notification under section 2<)
$'O@(E!E that the appropriate 7overnment ma#- in respect of emplo#ees emplo#ed in
an emplo#ment specified in $art (( of the /chedule- instead of fi.ing minimum rates of
wages under this clause for the whole /tate- fi. such rates for a part of the /tate or for
an# specified class or classes of such emplo#ment in the whole /tate or part thereof:]
+", review at such intervals as it ma# thin8 fit- such intervals not e.ceeding five #ears-
the minimum rates of wages so fi.ed and revise the minimum rates- if necessar#)
<[$'O@(E!E that where for an# reason the appropriate government has not reviewed
the minimum rates of wages fi.ed "# it in respect of an# scheduled emplo#ment within
an# interval of five #ears- nothing contained in this clause shall "e deemed to prevent it
from reviewing the minimum rates after the e.pir# of the said period of five #ears and
revising them- if necessar#- and until the# are so revised the minimum rates in force
immediatel# "efore the e.pir# of the said period of five #ears shall continue in force.]
+1A, 4otwithstanding an#thing contained in su"*section +1,- the appropriate government
ma# refrain from fi.ing minimum rates of wages in respect of an# scheduled
emplo#ment in which there are in the whole /tate less than one thousand emplo#ees
engaged in such emplo#ment- "ut if at an# time- 11[GGG] the appropriate government
comes to a finding after such in5uir# as it ma# ma8e or cause to "e made in this "ehalf
that the num"er of emplo#ees in an# scheduled emplo#ment in respect of which it has
refrained from fi.ing minimum rates of wages has risen to one thousand or more- it shall
fi. minimum rates of wages pa#a"le to emplo#ees in such emplo#ment 12[as soon as
ma# "e after such finding.]
+2, %he appropriate government ma# fi.*
+a, a minimum rate of wages for time wor8 +hereinafter referred to as 1a minimum time
rate1,:
+", a minimum rate of wages for piece wor8 +hereinafter referred to as 1a minimum piece
rate1,:
+c, a minimum rate of remuneration to appl# in the case of emplo#ees emplo#ed on
piece wor8 for the purpose of securing to such emplo#ees a minimum rate of wages on
a time wor8 "asis +hereinafter referred to as 1a guaranteed time rate1,:
+d, a minimum rate +whether a time rate or a piece rate, to appl# in su"stitution for the
minimum rate which would otherwise "e applica"le- in respect of overtime wor8 done "#
emplo#ees +hereinafter referred to as 1overtime rate1,.
13[+2A, 6here in respect of an industrial dispute relating to the rates of wages pa#a"le
to an# of the emplo#ees emplo#ed in a scheduled emplo#ment- an# proceeding is
pending "efore a %ri"unal or 4ational %ri"unal under the (ndustrial Eisputes Act- 192<
+12 of 192<, or "efore an# li8e authorit# under an# other law for the time "eing in force-
or an award made "# an# %ri"unal- 4ational %ri"unal or such authorit# is in operation-
and a notification fi.ing or revising the minimum rates of wages in respect of the
scheduled emplo#ment is issued during the pendenc# of such proceeding or the
operation of the award- then- notwithstanding an#thing contained in this Act- the
minimum rates of wages so fi.ed or so revised shall not appl# to those emplo#ees
during the period in which the proceeding is pending and the award made therein is in
operation or- as the case ma# "e- where the notification is issued during the period of
operation of an award- during that period: and where such proceeding or award relates
to the rates of wages pa#a"le to all the emplo#ees in the scheduled emplo#ment- no
minimum rates of wages shall "e fi.ed or revised in respect of that emplo#ment during
the said period.]
+3, (n fi.ing or revising minimum rates of wages under this section-*
+a, different minimum rates of wages ma# "e fi.ed for*
+i, different scheduled emplo#ments:
+ii, different classes of wor8 in the same scheduled emplo#ment:
+iii, adults- adolescents- children and apprentices:
+iv, different localities:
12[+", minimum rates of wages ma# "e fi.ed "# an# one or more of the following wage
periods- namel#)
+i, "# the hour-
+ii, "# the da#-
+iii, "# the month- or
+iv, "# such other larger wage*period as ma# "e prescri"ed:
and where such rates are fi.ed "# the da# or "# the month- the manner of calculating
wages for a month or for a da#- as the case ma# "e- ma# "e indicated)]
$'O@(E!E that where an# wage*periods have "een fi.ed under section 2 of the
$a#ment of 6ages Act- 1936 +2 of 1936,- minimum wages shall "e fi.ed in accordance
therewith.
&. Mini;<; r1te 29 B1>es
+1, An# minimum rate of wages fi.ed or revised "# the appropriate government in
respect of scheduled emplo#ments under section 3 ma# consist of*
+i, a "asic rate of wages and a special allowance at a rate to "e ad9usted- at such
intervals and in such manner as the appropriate government ma# direct- to accord as
nearl# as practica"le with the variation in the cost of living inde. num"er applica"le to
such wor8ers +hereinafter referred to as the 1cost of living allowance1,: or
+ii, a "asic rate of wages with or without the cost of living allowance- and the cash value
of the concessions in respect of supplies of essential commodities at concessional
rates- where so authorised: or
+iii, an all*inclusive rate allowing for the "asic rate- the cost of living allowance and the
cash value of the concessions- if an#.
+2, %he cost of living allowance and the cash value of the concessions in respect of
supplies of essential commodities at concessional rate shall "e computed "# the
competent authorit# at such intervals and in accordance with such directions as ma# "e
specified or given "# the appropriate government.
1&
E,. Pr2ce8<re 92r 9i7in> 1n8 re?isin> ;ini;<; B1>es
+1, (n fi.ing minimum rates of wages in respect of an# scheduled emplo#ment for the
first time under this Act or in revising minimum rates of wages so fi.ed- the appropriate
government shall either*
+a, appoint as man# committees and su"*committees as it considers necessar# to hold
en5uiries and advise it in respect of such fi.ation or revision- as the case ma# "e- or
+", "# notification in the Official 7a;ette- pu"lish its proposals for the information of
persons li8el# to "e affected there"# and specif# a date- not less than two months from
the date of the notification- on which the proposals will "e ta8en into consideration.
+2, After considering the advice of the committee or committees appointed under clause
+a, of su"*section +1,- or as the case ma# "e- all representations received "# it "efore
the date specified in the notification under clause +", of that su"*section- the appropriate
government shall- "# notification in the Official 7a;ette fi.- or- as the case ma# "e-
revise the minimum rates of wages in respect of each scheduled emplo#ment- and
unless such notification otherwise provides- it shall come into force on the e.pir# of
three months from the date of its issue)
$'O@(E!E that where the appropriate government proposes to revise the minimum
rates of wages "# the mode specified in clause +", of su"*section +1,- the appropriate
government shall consult the Advisor# oard also.]
6. A8?is2r@ c2;;ittees 1n8 s<:c2;;ittees
['epealed "# the Ainimum 6ages +Amendment, Act- 195< +3? of 195<,]
'. A8?is2r@ B21r8
For the purpose of co*ordinating wor8 of 15[committees and su"*committees appointed
under section 5] and advising the appropriate government generall# in the matter of
fi.ing and revising minimum rates of wages- the appropriate government shall appoint
an Advisor# oard.
(. Centr16 A8?is2r@ B21r8
+1, For the purpose of advising the 0entral and /tate 7overnments in the matters of the
fi.ation and revision of minimum rates of wages and other matters under this Act and for
co*ordinating the wor8 of the Advisor# oards- the 0entral 7overnment shall appoint a
0entral Advisor# oard.
+2, %he 0entral Advisor# oard shall consist of persons to "e nominated "# the 0entral
7overnment representing emplo#ers and emplo#ees in the scheduled emplo#ments-
who shall "e e5ual in num"er- and independent persons not e.ceeding one*third of its
total num"er of mem"ers: one of such independent persons shall "e appointed the
0hairman of the oard "# the 0entral 7overnment.
9. C2;p2siti2n 29 c2;;ittees, etc.
!ach of the committees- su"*committees 16[GGG] and the Advisor# oard shall consist of
persons to "e nominated "# the appropriate government representing emplo#ers and
emplo#ees in the scheduled emplo#ments- who shall "e e5ual in num"er- and
independent persons not e.ceeding one*third of its total num"er of mem"ers: one of
such independent persons shall "e appointed the 0hairman "# the appropriate
government.
1&
E10.C2rrecti2n 29 err2rs
+1, %he appropriate government ma#- at an# time- "# notification in the Official 7a;ette-
correct clerical or arithmetical mista8es in an# order fi.ing or revising minimum rates of
wages under this Act- or errors arising therein from an# accidental slip or omission.
+2, !ver# such notification shall- as soon as ma# "e after it is issued- "e placed "efore
the Advisor# oard for information-]
11. +1>es in =in8
+1, Ainimum wages pa#a"le under this Act shall "e paid in cash.
+2, 6here it has "een the custom to pa# wages wholl# or partl# in 8ind- the appropriate
government "eing of the opinion that it is necessar# in the circumstances of the case
ma#- "# notification in the Official 7a;ette- authorise the pa#ment of minimum wages
either wholl# or partl# in 8ind.
+3, (f appropriate government is of the opinion that provision should "e made for the
suppl# of essential commodities at concessional rates- the appropriate government
ma#- "# notification in the Official 7a;ette- authorise the provision of such supplies at
concessional rates.
+2, %he cash value of wages in 8ind and of concessions in respect of supplies of
essential commodities at concessional rates authorised under su"*sections +2, and +3,
shall "e estimated in the prescri"ed manner.
1*. P1@;ent 29 ;ini;<; r1tes 29 B1>es
+1, 6here in respect of an# scheduled emplo#ment a notification under section 5 1<[GGG]
is in force- the emplo#er shall pa# to ever# emplo#ee engaged in a scheduled
emplo#ment under him wages at a rate not less than the minimum rate of wages fi.ed
"# such notification for that class of emplo#ees in that emplo#ment without an#
deductions e.cept as ma# "e authorised within such time and su"9ect to such conditions
as ma# "e prescri"ed.
+2, 4othing contained in this section shall affect the provisions of the $a#ment of 6ages
Act- 1936 +2 of 1936,.
1!. #i7in> 52<rs 92r 1 n2r;16 B2r=in> 81@, etc.
1=[+1, (n regard to an# scheduled emplo#ment minimum rates of wages in respect of
which have "een fi.ed under this Act- the appropriate government ma#*
+a, fi. the num"er of hours of wor8 which shall constitute a normal wor8ing da#-
inclusive of one or more specified intervals:
+", provide for a da# of rest in ever# period of seven da#s which shall "e allowed to all
emplo#ees or to an# specified class of emplo#ees and for the pa#ment of remuneration
in respect of such da#s of rest:
+c, provide for pa#ment for wor8 on a da# of rest at a rate not less than the overtime
rate.]
19[+2, %he provisions of su"*section +1, shall- in relation to the following classes of
emplo#ees- appl# onl# to such e.tent and su"9ect to such conditions as ma# "e
prescri"ed)*
+a, emplo#ees engaged on urgent wor8- or in an# emergenc# which could not have
"een foreseen or prevented:
+", emplo#ees engaged in wor8 in the nature of preparator# or complementar# wor8
which must necessaril# "e carried on outside the limits laid down for the general
wor8ing in the emplo#ment concerned:
+c, emplo#ees whose emplo#ment is essentiall# intermittent:
+d, emplo#ees engaged in an# wor8 which for technical reasons has to "e completed
"efore the dut# is over:
+e, emplo#ees engaged in a wor8 which could not "e carried on e.cept at times
dependent on the irregular action of natural forces.
+3, For the purposes of clause +c, of su"*section +2,- emplo#ment of an emplo#ee is
essentiall# intermittent when it is declared to "e so "# the appropriate government on
the ground that the dail# hours of dut# of the emplo#ee- or if there "e no dail# hours of
dut# as such for the emplo#ee- the hours of dut#- normall# include periods of inaction
during which the emplo#ee ma# "e on dut# "ut is not called upon to displa# either
ph#sical activit# or sustained attention.]
THE SCHED%LE
[See section 2(g) and 27]
PART I
+1, !mplo#ment in an# woollen carpet ma8ing or shawl weaving esta"lishment.
+2, !mplo#ment in an# rice mill- flour mill or dal mill.
+3, !mplo#ment in an# to"acco +including "idi ma8ing, manufactor#.
+2, !mplo#ment in an# plantation- that is to sa#- an# estate which is maintained for
the purpose of growing cinchona- ru""er- tea or coffee.
+5, !mplo#ment in an# oil mill.
+6, !mplo#ment under an# local authorit#.
22
[+<, !mplo#ment on the construction or maintenance of roads or in "uilding
operations.]
+=, !mplo#ment in stone "rea8ing or stone crushing.
+9, !mplo#ment in an# lac manufactor#.
+1?, !mplo#ment in an# mica wor8s.
+11, !mplo#ment in pu"lic motor transport.
+12, !mplo#ment in tanneries and leather manufactor#.
25
[!mplo#ment in g#psum mines.
!mplo#ment in "ar#tes mines.
!mplo#ment in "au.ite mines.]
26
[!mplo#ment in manganese mines.]
2<
[!mplo#ment in the maintenance of "uildings and emplo#ment in the construction
and maintenance of runwa#s]
2=
[!mplo#ment in china cla# mines.
!mplo#ment in 8#anite mines.]
29
[!mplo#ment in copper mines.]
3?
[!mplo#ment in cla# mines.]
31
[!mplo#ment in magnesite mines covered under the Aines Act- 1952]
32
[!mplo#ment in white cla# mines.]
33
[!mplo#ment in stone mines.]
32
[!mplo#ment in steatite +including mines producing soapstone I tale,]
35
[!mplo#ment in ochre mines.]
36
[!mplo#ment in as"estos mines.]
3<
[!mplo#ment in fire cla# mines.]
3=
[!mplo#ment in chromite mines.]
39
[!mplo#ment in 5uarti;ite mines.
!mplo#ment in 5uart; mines.
!mplo#ment in silica mines.]
2?
[!mplo#ment in graphite mines.
21
[!mplo#ment in felspar mines.]
22
[!mplo#ment in laterite mines.]
23
[!mplo#ment in dolomite mines.
!mplo#ment in red o.ide mines.]
22
[!mplo#ment in wolfram mines.]
25
[!mplo#ment in iron*ore mines.]
26
[!mplo#ment in granite mines.]
2<
[!mplo#ment in roc8 phosphate mines.]
2=
[!mplo#ment in haemetite mines.]
29
[!mplo#ment in loading and unloading in railwa#s- goods sheds.
!mplo#ment in doc8s and ports.]
5?
[!mplo#ment in ashpit cleaning on railwa#s.]
51
[!mplo#ment in mar"le and calcite mines.]
52
[!mplo#ment in uranium mines.]
53
[!mplo#ment in mica mines.]
52
[!mplo#ment in lignite mines:
!mplo#ment in gravel mines.
!mplo#ment in state mines.
!mplo#ment in la#ing of underground ca"les- electric lines- water suppl# lines and
sewerage pipe line.]
PART II
+1, !mplo#ment in agriculture- that is to sa#- in an# form of farming- including the
cultivation and tillage of the soil- dair# farming- the production- cultivation- growing and
harvesting of an# agricultural or horticultural commodit#- the raising of live*stoc8- "ees
or poultr#- and an# practice performed "# a farmer or on a farm as incidental to or in
con9unction with farm operations +including an# forestr# or tim"ering operations and the
preparation for mar8et and deliver# to storage or to mar8et or to carriage for
transportation to mar8et of farm produce,.
#22t N2tes
1 %he words 1e.cept the /tate of >ammu and Hashmir1 omitted "# Act 4o. 51 of 19<?-
w.e.f. 1st. /eptem"er- 19<1.
2 /u"stituted "# Act 4o. 61 of 19=6- w.e.f. 23rd. Eecem"er- 19=6.
3 /u"stituted for the words 10entral 7overnment or a railwa# administration1 "# Act 4o.
3? of 195<- w.e.f. 1<th. /eptem"er- 195<.
2 /u"stituted for the words 1an Act of the 0entral Cegislature1 "# the A.O. 195?.
5 (nserted "# Act 4o. 61 of 19=6- w.e.f. 23rd. Eecem"er- 19=6.
6 /u"stituted for the words- "rac8ets and figures 1clause +e, of su"*s. +1, of s. 9 of
Factories Act- 1932 +25 of 1932,1 "# Act 4o. 26 of 1952.
< (nserted "# Act 4o.3? of 195<.
= /u"stituted "# the A.O. 195?- for the word 10rown1.
9 /u"stituted "# Act 4o.26 of 1952.
1? /u"stituted "# Act 4o.31 of 1961.
11 Omitted "# Act 4o.31 of 1961.
12 /u"stituted "# Act 4o.31 of 1961.
13 (nserted "# Act 4o.31 of 1961.
12 /u"stituted "# Act 4o.3? of 195<.
15 /u"stituted for the words 1committees- su"*committees- advisor# committees and
advisor# su"*committees appointed under sections 5 and 61 "# Act 4o.3? of 195<.
16 %he words 1advisor# committee- advisor# su"*committees1 omitted "# Act 4o.3? of
195<.
1< %he words and figures 1or section 1?1 omitted "# Act 4o.3? of 195<.
1= /ection 13 re*num"ered as su"*section +1, thereof "# Act 4o.3? of 195<.
19 Added "# Act 4o.3? of 195<.
2? /u"stituted "# Act 4o.26 of 1952- for the words- "rac8ets and figures 1s. 2< of the
Factories Act- 1932 +25 of 1932,1.
21 /u"stituted for the words 1an# 0ommissioner for 6or8menBs 0ompensation or1 "#
Act 4o.3? of 195<.
22 /u"stituted "# Act 4o.3? of 195<- for the words 1A single application1.
23 (nserted "# Act 4o.26 of 1952.
22 /u"stituted "# Act 4o.3? of 195<.
25 (nserted "# 4otification 4o /.O. 3<6?- dated 2th. Eecem"er- 1962.
26 (nserted "# 4otification 4o. /.O. 2?3?- dated 3?th. Octo"er- 196<.
2< (nserted "# 4otification 4o. /.O. 19=<- dated 3?th. Aa#- 196=.
2= (nserted "# 4otification 4o. /.O. 5=6- dated 5th. Fe"ruar#- 19<?.
29 (nserted "# 4otification 4o. /.O. <95- dated 13th. Fe"ruar#- 19<?.
3? (nserted "# 4otification 4o. /.O. <96- dated 1=th. Fe"ruar#- 19<?.
31 (nserted "# 4otification 4o. /.O. 235<- dated 1st. >ul#- 19<?.
32 (nserted "# 4otification 4o. /.O. 3=96- dated 3rd. /eptem"er- 19<1.
33 (nserted "# 4otification 4o. /.O. 3=9=- dated 15th. /eptem"er- 19<1.
32 (nserted "# 4otification 4o. /.O. 29<2- dated 1st. >ul#- 19<2.
35 (nserted "# 4otification 4o. /.O. 29<3- dated 1st. >ul#- 19<2.
36 (nserted "# 4otification 4o. /.O. 29<2- dated 6th. >ul#- 19<2.
3< (nserted "# 4otification 4o. /.O. 15=<- dated 22th. Aa#- 19<3.
3= (nserted "# 4otification 4o. /.O. 2311- dated 3rd. >ul#- 19<5.
39 (nserted "# 4otification 4o. /..O. =?<- dated 2th. Fe"ruar#- 19<6.
2? (nserted "# 4otification 4o. /.O. 55=- dated 29th. >anuar#- 19<<.
21 (nserted "# 4otification 4o. /.O. 1=23- dated 12th. >une- 19<=.
22 (nserted "# 4otification 4o. /.O. 2925- dated 22nd. /eptem"er- 19<=.
23 (nserted "# 4otification 4o. /.O. 295?- dated 25th. /eptem"er- 19<=.
22 (nserted "# 4otification 4o. /.O. 36<1- dated <th. Eecem"er- 19<=.
25 (nserted "# 4otification 4o. /.O. 1<5<- dated 16th. >une- 19=?.
26 (nserted "# 4otification 4o. /.O. 22<3- dated 2=th. /eptem"er- 19=?.
2< (nserted "# 4otification 4o. /.O. 1=22- dated 22rd. Aarch- 19=3.
2= (nserted "# 4otification 4o. /.O. 195<- dated 11th. April- 19=3.
29 (nserted "# 4otification 4o. /.O. 2?92- dt 22th. April- 19=3.
5? (nserted "# 4otification 4o. /.O. 2?93- dated 23rd. April- 19=3.
51 (nserted "# 4otification 4o. /.O. 3255- dated 2?th. August- 19=3.
52 (nserted "# 4otification 4o. /.O. 2693- dated 1st. August- 19=6.
53 (nserted "# 4otification 4o. /.O. <26+!,- dated 29th. /eptem"er- 1993.
52 (nserted "# 4otification 4o. /.O. 239+!,- dated 2?th. Aa#- 199=.
<] IND%STRIAL DISP%TES ACT, 19&'
CHAPTER I
PRELIMINAR)
1. S52rt tit6e, e7tent 1n8 c2;;ence;ent
+1, %his Act ma# "e called the (ndustrial Eisputes Act- 192<.
1[+2, (t e.tends to the whole of (ndia]
2[G G G]
+3, (t shall come into force on the first da# of April- 192<.
*. De9initi2ns
(n this Act- unless there is an#thing repugnant in the su"9ect or conte.t-*
+a, 1appropriate government1 means*
+i, in relation to an# industrial disputes concerning 3[G G G] an# industr#
carried on "# or under the authorit# of the 0entral 7overnment- 2[ GGG ]or
"# a railwa# compan# 5[or concerning an# such controlled industr# as ma#
"e specified in this "ehalf "# the 0entral 7overnment] 6[G G G] or in relation
to an industrial dispute concerning <[= [9[1?[a Eoc8 Ca"our oard
esta"lished under section 5A of the Eoc8 6or8ers +'egulation of
!mplo#ment, Act- 192= +9 of 192=,- or the 11[the (ndustrial Finance
0orporation of (ndia Cimited formed and registered under the 0ompanies
Act- 1956]- or the !mplo#eesK /tate (nsurance 0orporation esta"lished
under section 3 of the !mplo#eesK /tate (nsurance Act- 192= +32 of 192=,-
or the oard of %rustees constituted under section 3A of the 0oal Aines
$rovident Fund and Aiscellaneous $rovisions Act- 192= +26 of 192=,- or
the 0entral oard of %rustees and the /tate oards of %rustees
constituted under section 5A and /ection 5- respectivel#- of the
!mplo#eesK $rovident Fund and Aiscellaneous $rovisions Act- 1952 +19 of
1952,- 12[GGG]- or the Cife (nsurance 0orporation of (ndia esta"lished under
section 3 of the Cife (nsurance 0orporation Act- 1956 +31 of 1956,- or
13[the Oil and 4atural 7as 0orporation Cimited registered under the
0ompanies Act. 19561- or the Eeposit (nsurance and 0redit 7uarantee
0orporation esta"lished under section 3 of the Eeposit (nsurance and
0redit 7uarantee 0orporations Act. 1961 +2< of 1961,- or the 0entral
6arehousing 0orporation esta"lished under section 3 of the 6arehousing
0orporation Act- 1962 +5= of 1962,- or the Fnit %rust of (ndia esta"lished
under section 3 of the Fnit %rust of (ndia Act- 1963 +52 of 1963,- or the
Food 0orporation of (ndia esta"lished under section 3- or a oard of
Aanagement esta"lished for two or more contiguous /tates under section
16 of the Food 0orporation Act- 1962 +3< of 1962,- or 12[the Airports
Authorit# of (ndia constituted under section 3 of the Airports Authorit# of
(ndia Act- 1992]- or a 'egional 'ural an8 esta"lished under section 3 of
the 'egional 'ural an8s Act- 19<6 +21 of 19<6,- or the !.port 0redit and
7uarantee 0orporation Cimited or the (ndustrial 'econstruction
0orporation of (ndia Cimited- 15[the 4ational Dousing an8 esta"lished
under section 3 of the 4ational Dousing an8 Act- 19=< +53 of 19=<,]- or
the an8ing /ervice 0ommission esta"lished under section3 of the
an8ing /ervice 0ommission Act- 19<5 or 16[1<[an air transport service-
or a "an8ing or an insurance compan#]- a mine- an oil*field.] 1=[a
0antonment oard-] or a ma9or port- the 0entral 7overnment- and]
+ii, in relation to an# other industrial dispute- the /tate 7overnment:
1=[ +aa, 1ar"itrator1 includes an umpire:]
19[2?[+aaa, 1average pa#1 means the average of the wages pa#a"le to a
wor8man*
+i, in the case of monthl# paid wor8man- in the three complete calendar
months-
+ii, in the case of wee8l# paid wor8man- in the four complete wee8s-
+iii, in the case of dail# paid wor8man- in the twelve full wor8ing da#s-
preceding the date on which the average pa# "ecomes pa#a"le if the
wor8man had wor8ed for three complete calendar months or four
complete wee8s or twelve full wor8ing da#s- as the case ma# "e- and
where such calculation cannot "e made- the average pa# shall "e
calculated as the average of the wages pa#a"le to a wor8man during the
period he actuall# wor8ed:]
21[+", 1award1 means an interim or a final determination of an# industrial
dispute or of an# 5uestion relating thereto "# an# Ca"our 0ourt- (ndustrial
%ri"unal or 4ational (ndustrial %ri"unal and includes an ar"itration award
made under section 1?A:]
22[+"", 1"an8ing compan#1 means a "an8ing compan# as defined in
section 5 of the an8ing 0ompanies Act- 1929- 23[+1? of 1929, having
"ranches or other esta"lishments in more than one /tate- and includes
22[the !.port*(mport an8 of (ndia]- 25[the (ndustrial 'econstruction an8
of (ndia-] 26[the (ndustrial Eevelopment an8 of (ndia-] the /mall
(ndustries Eevelopment an8 of (ndia esta"lished under section 3 of the
/mall (ndustries Eevelopment an8 of (ndia Act- 19=9- the 'eserve an8
of (ndia- the /tate an8 of (ndia- 2<[a corresponding new "an8 constituted
under section 3 of the an8ing 0ompanies +Ac5uisition and %ransfer of
Fnderta8ings, Act- 19<?- 2=[a corresponding new "an8 constituted under
section 3 of the an8ing 0ompanies +Ac5uisition and %ransfer of
Fnderta8ings, Act- 19=?- and an# su"sidiar# "an8]- as defined in the /tate
an8 of (ndia +/u"sidiar# an8s, Act- 1959 +3= of 1959,:
+c, 1oard1 means a oard of 0onciliation constituted under this Act:
29[+cc, 1closure1 means the permanent closing down of a place of
emplo#ment or part thereof:]
+d, 1conciliation office1 means a conciliation officer appointed under this
Act:
+e, 1conciliation proceeding1 means an# proceeding held "# a conciliation
officer or oard under this Act:
5[+ee, 1controlled industr#1 means an# industr# the control of which "# the
Fnion has "een declared "# an# 0entral Act to "e e.pedient in the pu"lic
interest:] 3?[GGG]
+f, 10ourt1 means a 0ourt of (n5uir# constituted under this Act:
+g, 1emplo#er1 means*
+i, in relation to an industr# carried on "# or under the authorit# of an#
department of 31[the 0entral 7overnment or a /tate 7overnment-] the
authorit# prescri"ed in this "ehalf- or where no authorit# is prescri"ed- the
head of the department:
+ii, in relation to an industr# carried on "# or on "ehalf of a local authorit#-
the chief e.ecutive officer of that authorit#:
32[+gg, 1e.ecutive1- in relation to a trade union- means the "od#- "#
whatever name called- to which the management of the affairs of the trade
union is entrusted:]
33[GG G]
+i, a person shall "e deemed to "e 1independent1 for the purpose of his
appointment as the chairman or other mem"er of a oard- 0ourt or
%ri"unal- if he is unconnected with the industrial dispute referred to such
oard- 0ourt or %ri"unal or with an# industr# directl# affected "# such
dispute)
32[$'O@(E!E that no person shall cease to "e independent "# reason
onl# of the fact that he is a shareholder of an incorporated compan# which
is connected with- or li8el# to "e affected "#- such industrial dispute: "ut in
such a case- he shall disclose to the appropriate government the nature
and e.tent of the shares held "# him in such compan#:]
35[+9, 1industr#1 means an# "usiness- trade- underta8ing- manufacture or
calling of emplo#ers and includes an# calling- service- emplo#ment-
handicraft- or industrial occupation or a vocation of wor8men:
+8, 1industrial dispute1 means an# dispute or difference "etween
emplo#ers and emplo#ers- or "etween emplo#ers and wor8men- or
"etween wor8men and wor8men- which is connected with the emplo#ment
or non*emplo#ment or the terms of emplo#ment or with the conditions of
la"our- of an# person:
29[+8a, 1(ndustrial esta"lishment or underta8ing1 means an esta"lishment
or underta8ing in which an# industr# is carried on)
$'O@(E!E that where several activities are carried on in an
esta"lishment or underta8ing and onl# one or some of such activities is or
are an industr# or industries- then-*
+a, if an# unit of such esta"lishment or underta8ing carr#ing on an#
activit#- "eing an industr#- is severa"le from the other unit or units of such
esta"lishment or underta8ing- such unit shall "e deemed to "e a separate
industrial esta"lishment or underta8ing:
+", if the predominant activit# or each of the predominant activities carried
on in such esta"lishment or underta8ing or an# unit thereof is an industr#
and the other activit# or each of the other activities carried on in such
esta"lishment or underta8ing or unit thereof is not severa"le from and is-
for the purpose of carr#ing on- or aiding the carr#ing on of- such
predominant activit# or activities- the entire esta"lishment or underta8ing
or- as the case ma# "e- unit thereof shall "e deemed to "e an industrial
esta"lishment or underta8ing:]
36[+88, 1insurance compan#1 means an insurance compan# as defined in
section 2 of the (nsurance Act 193= +2 of 193=,- having "ranches or other
esta"lishments in more than one /tate:]
3<[+88a, 1Hhadi1 has the meaning assigned to it in clause +d, of section 2
of the Hhadi and @illage (ndustries 0ommission Act- 1956 +61 of 1956,:]
3<[3=[+88", 1Ca"our 0ourt1 means a Ca"our 0ourt constituted under
section <:]
19[+888, 1la#*off1 +with its grammatical variations and cognate e.pressions,
means the failure- refusal or ina"ilit# of an emplo#er on account of
shortage of coal- power or raw materials or the accumulation of stoc8s or
the "rea8*down of machiner# 39[or natural calamit# or for an# other
connected reason] to give emplo#ment to a wor8man whose name is
"orne on the muster rolls of his industrial esta"lishment and who has not
"een retrenched:
!.planation ) !ver# wor8man whose name is "orne on the muster rolls of
the industrial esta"lishment and who presents himself for wor8 at the
esta"lishment at the time appointed for the purpose during normal wor8ing
hours on an# da# and is not given emplo#ment "# the emplo#er within two
hours of his so presenting himself shall "e deemed to have "een laid*off
for that da# within the meaning of this clause)
$'O@(E!E that if the wor8man- instead of "eing given emplo#ment at the
commencement of an# shift for an# da# is as8ed to present himself for the
purpose during the second half of the shift for the da# and is given
emplo#ment then- he shall "e deemed to have "een laid*off onl# for one*
half of that da#)
$'O@(E!E FF'%D!' that if he is not given an# such emplo#ment even
after so presenting himself- he shall not "e deemed to have "een laid*off
for the second half of the shift for the da# and shall "e entitled to full "asic
wages and dearness allowance for that part of the da#:]
+l,1loc8*out1 means the 39[ temporar# dosing of a place of emplo#ment]- or
the suspension of wor8- or the refusal "# an emplo#er to continue to
emplo# an# num"er of persons emplo#ed "# him:
1=[+1a, 1ma9or port1 means a ma9or port as defined in clause +=, of section
3 of the (ndian $orts Act- 19?= +15 of 19?=,:
+1", 1mine1 means a mine as defined in clause +9, of su"*section +1, of
section 2 of the mines Act- 1952 +35 of 1952,:]
3=[+ll, 14ational %ri"unal1 means a 4ational (ndustrial %ri"unal constituted
under section <:]
32[+lll, 1office "earer1- in relation to a trade union- includes an# mem"er of
the e.ecutive thereof- "ut does not include an auditor:]
+m, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+n, 1pu"lic utilit# service1 means*
+i, an# railwa# service 2?[or an# transport service for the carriage of
passengers or goods "# air]:
21[+ia, an# service in- or in connection with the wor8ing of - an# ma9or port
or doc8:]
+ii, an# section of an industrial esta"lishment- on the wor8ing of which the
safet# of the esta"lishment or the wor8men emplo#ed therein depends:
+iii, an# postal- telegraph or telephone service:
+iv, an# industr# which supplies power- light or water to the pu"lic:
+v, an# s#stem of pu"lic conservanc# or sanitation:
+vi, an# industr# specified in the 22[First /chedule] which the appropriate
government ma#- if satisfied that pu"lic emergenc# or pu"lic interest so
re5uires- "# notification in the Official 7a;ette- declare to "e a pu"lic utilit#
service for the purposes of this Act- for such period as ma# "e specified in
the notification)
$'O@(E!E that the period so specified shall not- in the first instance-
e.ceed si. months "ut ma#- "# a li8e notification- "e e.tended from time to
time- "# an# period not e.ceeding si. months- at an# one time if in the
opinion of the appropriate government pu"lic emergenc# or pu"lic interest
re5uires such e.tension:
+o, 1railwa# compan#1 means a railwa# compan# as defined in section 3 of
the (ndian 'ailwa#s Act- 1=9? +9 of 1=9?,:
19[+oo, 1retrenchments1 means the termination "# the emplo#er of the
service of a wor8man for an# reason whatsoever- otherwise than as a
punishment inflicted "# wa# of disciplinar# action "ut does not include*
+a, voluntar# retirement of the wor8man: or
+", retirement of the wor8man on reaching the age of superannuation if the
contract of emplo#ment "etween the emplo#er and the wor8man
concerned contains a stipulation in that "ehalf: or
23[+"", termination of the service of the wor8man as a result of the non*
renewal of the contract of emplo#ment "etween the emplo#er and the
wor8man concerned on its e.pir# or of such contract "eing terminated
under a stipulation on that "ehalf contained therein: or]
+c, termination of the service of a wor8man on the ground of continued ill*
health:]
22[+p, 1settlement1 means a settlement arrived at in the course of
conciliation proceeding and includes a written agreement "etween the
emplo#er and wor8men arrived at otherwise than in the course of
conciliation proceeding where such agreement has "een signed "# the
parties thereto in such manner as ma# "e prescri"ed and a cop# thereof
has "een sent to 25[an officer authorised in this "ehalf "#] the appropriate
government and the conciliation officer:]
+5, 1stri8e1 means a cessation of wor8 "# a "od# of persons emplo#ed in
an# industr# acting in com"ination or a concerted refusal- or a refusal-
under: a common understanding of an# num"er of persons who are or
have "een so emplo#ed to continue to wor8 or to accept emplo#ment:
26+55, 1trade union1 means a trade union registered under the %rade
Fnion Act- 1926- +16 of 1926,:]
2<[+r, 1%ri"unal1 means an (ndustrial %ri"unal constituted under section <A
and includes an (ndustrial %ri"unal constituted "efore the 1?th da# of
Aarch- 195<- under this Act:]
2<[+ra, 1unfair la"our practice1 means an# of the practices specified in the
Fifth /chedule:
+r", 1village industries1 has the meaning assigned to it in clause +h, of
section 2 of the Hhadi and @illage (ndustries 0ommission Act- 1956 +61 of
1956,:]
2=[+rr, 1wages1 means all remuneration capa"le of "eing e.pressed in
terms of mone#- which would- if the terms of emplo#ment- e.pressed or
implied- were fulfilled- "e pa#a"le to a wor8man in respect of his
emplo#ment or of wor8 done in such emplo#ment- and includes*
+i, such allowances +including dearness allowance, as the wor8man is for
the time "eing entitled to:
+ii, the value of an# house accommodation- or of suppl# of light- water-
medical attendance or other amenit# or of an# service or of an#
concessional suppl# of food grains or other articles:
+iii, an# travelling concession:
2<[+iv, an# commission pa#a"le on the promotion of sales or "usiness or
"oth:]
"ut does not include*
+a, an# "onus:
+",an# contri"ution paid or pa#a"le "# the emplo#er to an# pension fund or
provident fund or for the "enefit of the wor8man under an# law for the time
"eing in force:
+c, an# gratuit# pa#a"le on the termination of his service:]
29[+s, 1wor8man1 means an# person +including an apprentice emplo#ed in
an# industr# to do an# manual- uns8illed- s8illed- technical- operational-
clerical or supervisor# wor8 for hire or reward- whether the terms of
emplo#ment "e e.press or implied- and for the purposes of an#
proceeding under this Act in relation to an industrial dispute- includes an#
such person who has "een dismissed- discharged or retrenched in
connection with- or as a conse5uence of- that dispute- or whose dismissal-
discharge or retrenchment has led to that dispute- "ut does not include
an# such person*
+i, who is su"9ect to the Air Force Act- 195? +25 of 195?,- or the Arm# Act-
195? +26 of 195?,- or the 4av# Act- 195< +62 of 195<,: or
+ii, who is emplo#ed in the police service or as an officer or other
emplo#ee of a prison: or
+iii, who is emplo#ed mainl# in a managerial or administrative capacit#: or
+iv, who- "eing emplo#ed in a supervisor# capacit#- draws wages
e.ceeding one thousand si. hundred rupees per mensem or e.ercises-
either "# the nature of the duties attached to the office or "# reason of the
powers vested in him- function mainl# of a managerial nature.]
5?[2A. Eismissal- etc.- of an individual wor8man to "e deemed to "e an
industrial dispute
6here an# emplo#er discharges- dismisses- retrenches or otherwise
terminates the services of an individual wor8man- an# dispute or
difference "etween that wor8man and his emplo#er connected with- or
arising out of- such discharge- dismissal- retrenchment or termination shall
"e deemed to "e an industrial dispute notwithstanding that no other
wor8man nor an# union of wor8men is a part# to the dispute.]
IND%STRIAL DISP%TES ACT, 19&'
CHAPTER II
A%THORITIES %NDER THIS ACT
!. +2r=s C2;;ittee
+1, (n the case of an# industrial esta"lishment in which one hundred or more wor8men
are emplo#ed or have "een emplo#ed on an# da# in the preceding twelve months- the
appropriate government ma# "# general or special order re5uire the emplo#er to
constitute in the prescri"ed manner a 6or8s 0ommittee consisting of representatives of
emplo#ers and wor8men engaged in the esta"lishment- so however that the num"er of
representatives of wor8men on the 0ommittee shall not "e less than the num"er of
representatives of the emplo#er. %he representatives of the wor8men shall "e chosen in
the prescri"ed manner from among the wor8men engaged in the esta"lishment and in
consultation with their trade union- if an#- registered under the (ndian %rade Fnions Act-
1926 +16 of 1926,.
+2, (t shall "e the dut# of the 6or8s 0ommittee to promote measures for securing and
preserving amit# and good relations "etween the emplo#er and wor8men and- to that
end- to comment upon matters of their common interest or concern and endeavour to
compose an# material difference of opinion in respect of such matters.
&. C2nci6i1ti2n 299icers
+1, %he appropriate. government ma#- "# notification in the Official 7a;ette- appoint
such num"er of persons- as it thin8s fit to "e conciliation officers- charged with the dut#
of mediating in and promoting the settlement of industrial disputes.
+2, A conciliation officer ma# "e appointed for a specified area or for specified industries
in a specified area or for one or more. specified industries and either permanentl# or for
a limited period.
,. B21r8s 29 C2nci6i1ti2n
+1, %he appropriate government ma# as occasion arises "# notification in the Official
7a;ette constitute a oard of 0onciliation for promoting the settlement of an industrial
dispute.
+2, A oard shall consist of a 0hairman and two or four other mem"ers- as the
appropriate government thin8s fit.
+3, %he 0hairman shall "e an independent person and the other mem"ers shall "e
persons appointed in e5ual num"ers to represent the parties to the dispute and an#
person appointed to represent a part# shall "e appointed on the recommendation of that
part#)
$'O@(E!E that- if an# part# fails to ma8e a recommendation as aforesaid within the
prescri"ed time- the appropriate government shall appoint such persons as it thin8s fit to
represent that part#.
+2, A oard- having the prescri"ed 5uorum- ma# act notwithstanding the a"sence of the
0hairman or an# of its mem"ers or an# vacanc# in its num"er)
$'O@(E!E that- if the appropriate government notifies the oard that the services of
the 0hairman or of an# other mem"er have ceased to "e availa"le- the oard shall not
act until a new 0hairman or mem"er- as the case ma# "e- has "een appointed.
6. C2<rts 29 InA<ir@
+1, %he appropriate government ma#- as occasion arises "# notification in the Official
7a;ette- constitute a 0ourt of (n5uir# for in5uiring into an# matter appearing to "e
connected with or relevant to an industrial dispute.
+2, A court ma# consist of one independent person or of such num"er of independent
persons as the appropriate government ma# thin8 fit and where a court consists of two
or more mem"ers- one of them shall "e appointed as the 0hairman.
+3, A court- having the prescri"ed 5uorum- ma# act not with standing the a"sence of the
0hairman or an# of its mem"ers or an# vacanc# in its num"er)
$'O@(E!E that- if the appropriate government notifies the court that the services of the
0hairman have ceased to "e availa"le- the court shall not act until a new 0hairman has
"een appointed.
,1E'. L1:2<r C2<rts
+1, %he appropriate government ma#- "# notification in the Official 7a;ette- constitute
one or more Ca"our 0ourts for the ad9udication of industrial disputes relating to an#
matter specified in the /econd /chedule and for performing such other functions as
ma# "e assigned to them under this Act.
+2, A Ca"our 0ourt shall consist of one person onl# to "e appointed "# the appropriate
government.
+3, A person shall not "e- 5ualified for appointment as the presiding officer of a Ca"our
0ourt- unless*
52[+a, he is- or has "een- a 9udge of a Digh 0ourt: or
+", he has- for a period of not less than three #ears- "een a Eistrict >udge or an
Additional Eistrict >udge: or]
53[G G G]
52[+d, he has held an# 9udicial office in (ndia for not less than seven #ears: or
52[+e,] he has "een the presiding officer of a Ca"our 0ourt constituted under an#
$rovincial Act or /tate Act for not less than five #ears.
<A. %ri"unals
+1, %he appropriate government ma#- "# notification in the Official 7a;ette- constitute
one or more (ndustrial %ri"unals for the ad9udication of industrial disputes relating to an#
matter- whether specified in the /econd /chedule or the %hird /chedule 55[and for
performing such other functions as ma# "e assigned to them under this Act].
+2, A %ri"unal shall consist of one person onl# to "e appointed "# the appropriate
government.
+3, A person shall not "e 5ualified for appointment as the presiding officer of a %ri"unal
unless*
+a, he is- or has "een- a >udge of a Digh 0ourt: or
56[+aa, he has- for a period of not less than three*#ears- "een a Eistrict 9udge or an
Additional Eistrict >udge: 5<[G G G]
+2, %he appropriate government ma#- if it so thin8s fit- appoint two persons as assessors
to advise the %ri"unal in the proceeding "efore it.
<. 4ational %ri"unals
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- constitute one
or more 4ational (ndustrial %ri"unals for the ad9udication of industrial disputes which- in
the opinion of the 0entral 7overnment- involve 5uestions of national importance or are
of such a nature that industrial esta"lishments situated in more than one /tate are li8el#
to "e interested in- or affected "#- such disputes.
+2, A 4ational %ri"unal shall consist of one person onl# to "e appointed "# the 0entral
7overnment.
+3, A person shall not "e 5ualified for appointment as the presiding officer of a 4ational
%ri"unal 5=[unless he is- or has "een- a >udge of a Digh 0ourt.
+2, %he 0entral 7overnment ma#- if it so thin8s fit- appoint two persons as assessors to
advise the 4ational %ri"unal in the proceeding "efore it.
<0. Eis5ualifications for the presiding officers of Ca"our 0ourts- %ri"unals and 4ational
%ri"unals
4o person shall "e appointed to- or continue in- the office of the presiding officer of a
Ca"our 0ourt- %ri"unal or 4ational %ri"unal- if*
+a, he is not an independent person: or
+", he has attained the age of si.t#*five #ears.]
,9E(. #i66in> 29 ?1c1ncies
(f- for an# reason a vacanc# +other than a temporar# a"sence, occurs in the office of the
presiding officer of a Ca"our 0ourt- %ri"unal or 4ational %ri"unal or in the office of the
0hairman or an# other mem"er of a oard or court- then- in the case of a 4ational
%ri"unal- the 0entral 7overnment and in an# other case- the appropriate government
shall appoint another person in accordance with the provisions of this Act to fill the
vacanc#- and the proceeding ma# "e continued "efore the Ca"our 0ourt- %ri"unal-
4ational %ri"unal- oard or court- as the case ma# "e- from the stage at which the
vacanc# is filled.
9. #in16it@ 29 2r8ers c2nstit<tin> B21r8s, etc.
+1, 4o order of the appropriate government or of the 0entral 7overnment appointing
an# person as the 0hairman or an# other mem"er of a oard or court or as the
presiding officer of a Ca"our 0ourt- %ri"unal or 4ational %ri"unal shall "e called in
5uestion in an# manner: and no act or proceeding "efore an# oard or court shall "e
called in 5uestion in an# manner on the ground merel# of the e.istence of an# vacanc#
in- or defect in the constitution of- such oard or court.
+2, 4o settlement arrived at in the course of a conciliation proceeding shall "e invalid "#
reason onl# of the fact that such settlement was arrived at after the e.pir# of the period
referred to in su"*section +6, of section 12 or su"*section +5, of section 13- as the case
ma# "e.
+3, 6here the report of an# settlement arrived at in the course of conciliation proceeding
"efore a oard is signed "# the 0hairman and all the other mem"ers of the oard- no
such settlement shall "e invalid "# reason onl# of the casual or unforeseen a"sence of
an# of the mem"ers +including the 0hairman, of the oard during an# stage of the
proceeding.]
60ECHAPTER IIA C NOTICE O# CHAN$E
9A. N2tice 29 c51n>e
4o emplo#er- who proposes to effect an# change in the conditions of service applica"le
to an# wor8man in respect of an# matter specified in the Fourth /chedule- shall effect
such change-*
+a, without giving to the wor8men li8el# to "e affected "# such change a notice in the
prescri"ed manner of the nature of the change proposed to "e effected: or
+", within twent#*one da#s of giving such notice)
$'O@(E!E that no notice shall "e re5uired for effecting an# such change*
+a, where the change is effected in pursuance of an# 61[ settlement or award]: or
+", where the wor8men li8el# to "e affected "# the change are persons to whom the
Fundamental and /upplementar# 'ules- 0ivil /ervices +0lassification- 0ontrol and
Appeal, 'ules- 0ivil /ervices +%emporar# /ervice, 'ules- 'evised Ceave 'ules- 0ivil
/ervices 'egulations- 0ivilians in Eefence /ervices +0lassification- 0ontrol and Appeal,
'ules or the (ndian 'ailwa# !sta"lishment 0ode or an# other rules or regulations that
ma# "e notified in this "ehalf "# the appropriate 7overnment in the Official 7a;ette-
appl#.]
9B. P2Ber 29 >2?ern;ent t2 e7e;pt
6here the appropriate government is of opinion that the application of the provisions of
section 9A to an# class of industrial esta"lishments or to an# class of wor8men
emplo#ed in an# industrial esta"lishment affect the emplo#ers in relation thereto so
pre9udiciall# that such application ma# cause serious repercussion on the industr#
concerned and that pu"lic interest so re5uires- the appropriate government ma#- "#
notification in the Official 7a;ette- direct that the provisions of the said section shall not
appl# or shall appl#- su"9ect to such conditions as ma# "e specified in the notification- to
that class of industrial esta"lishments or to that class of wor8men emplo#ed in an#
industrial esta"lishment.
62[G G G]
CHAPTER III
RE#ERENCE O# DISP%TES TO BOARDS, CO%RTS OR TRIB%NALS
10. Re9erence 29 8isp<tes t2 B21r8s, c2<rts 2r Tri:<n16s
+1, 63[6here the appropriate government is of opinion that an# industrial dispute e.ists
or is apprehended- it ma# at an# time]- "# order in writing*
+a, refer the dispute to a oard for promoting a settlement thereof: or
+", refer an# matter appearing to "e connected with or relevant to the dispute to a court
for in5uir#: or
62[+c, refer the dispute or an# matter appearing to "e connected with- or relevant to- the
dispute- if it relates to an# matter specified in the /econd /chedule- to a Ca"our 0ourt
for ad9udication: or
+d, refer the dispute or an# matter appearing to "e connected with- or relevant to- the
dispute - whether it relates to an# matter specified in the /econd /chedule or the %hird
/chedule- to a %ri"unal for ad9udication)
$'O@(E!E that where the dispute relates to an# matter specified in the %hird /chedule
and is not li8el# to affect more than one hundred wor8men- the appropriate government
ma#- if it so thin8s fit- ma8e the reference to a Ca"our 0ourt under clause +c,)]
65[$'O@(E!E FF'%D!' that] where the dispute relates to a pu"lic utilit# service and a
notice under section 22 has "een given- the appropriate government shall- unless it
considers that the notice has "een frivolousl# or ve.atiousl# given or that it would "e
ine.pedient so to do. ma8e a reference under this su"*section notwithstanding that an#
other proceedings under this Act in respect of the dispute ma# have commenced)
66[$'O@(E!E AC/O that where the dispute in relation to which the 0entral
7overnment is the appropriate government- it shall "e competent for that government to
refer the dispute to a Ca"our 0ourt or an (ndustrial %ri"unal- as the case ma# "e-
constituted "# the /tate 7overnment]
6<[+1A, 6here the 0entral 7overnment is of opinion that an# industrial dispute e.ists or
is apprehended and the dispute involves an# 5uestion of national importance or is of
such a nature that industrial esta"lishments situated in more than one /tate are li8el# to
"e interested in- or affected "#- such dispute and that the dispute should "e ad9udicated
"# a 4ational %ri"unal- then- the 0entral 7overnment ma#- whether or not it is the
appropriate government in relation to that dispute- at an# time- "# order in writing- refer
the dispute or an# matter appearing to "e connected with- or relevant to- the dispute-
whether it relates to an# matter specified in the /econd /chedule or the %hird /chedule
to a 4ational %ri"unal for ad9udication.]
+2, 6here the parties to an industrial dispute appl# in the prescri"ed manner- whether
9ointl# or separatel#- for a reference of the dispute to a oard- court- 6=[Ca"our 0ourt-
%ri"unal or 4ational %ri"unal]- the appropriate government- if satisfied that the persons
appl#ing represent the ma9orit# of each part#- shall ma8e the reference accordingl#.
29[+2A, An order referring an industrial dispute to a Ca"our 0ourt- %ri"unal or 4ational
%ri"unal under this section shall specif# the period within which such Ca"our 0ourt-
%ri"unal or 4ational %ri"unal shall su"mit its award on such dispute to the appropriate
government)
$'O@(E!E that where such industrial dispute is connected with an individual wor8man-
no such period shall e.ceed three months)
$'O@(E!E FF'%D!' that where the parties to an industrial dispute appl# in the
prescri"ed manner- whether 9ointl# or separatel#- to the Ca"our 0ourt- %ri"unal or
4ational %ri"unal for e.tension of such period or for an# other reason- and the presiding
officer of such Ca"our 0ourt- %ri"unal or 4ational %ri"unal considers it necessar# or
e.pedient to e.tend such period- he ma# for reasons to "e recorded in writing- e.tend
such period "# such further period as he ma# thin8 fit)
$'O@(E!E AC/O that in computing an# period specified in this su"*section- the period-
if an#- for which the proceedings "efore the Ca"our 0ourt- %ri"unal or 4ational %ri"unal
had "een sta#ed "# an# in9unction or order of a civil court shall "e e.cluded)
$'O@(E!E AC/O that no proceedings "efore a Ca"our 0ourt- %ri"unal or 4ational
%ri"unal shall lapse merel# on the ground that an# period specified under this su"*
section had e.pired without such proceedings "eing completed.]
+3, 6here an industrial dispute has "een referred to a oard-6=[Ca"our 0ourt- %ri"unal
or 4ational %ri"unal] under this section- the appropriate 7overnment ma# "# order
prohi"it the continuance of an# stri8e or loc8*out in connection with such dispute which
ma# "e in e.istence on the date of the reference.
32[ +2, 6here in an order referring an industrial dispute to 6=[a Ca"our 0ourt- %ri"unal
or 4ational %ri"unal] under this section or in a su"se5uent order- the appropriate
government has specified the points of dispute for ad9udication- 6=[the Ca"our 0ourt or
the %ri"unal or the 4ational %ri"unal- as the case ma# "e-] shall confine its ad9udication
to those points and matters incidental thereto.
+5, 6here a dispute concerning an# esta"lishment or esta"lishments has "een- or is to
"e- referred to a 69[Ca"our 0ourt- %ri"unal or 4ational %ri"unal] under this section and
the appropriate government is of opinion- whether on an application made to it in this
"ehalf or otherwise- that the dispute is of- such a nature that an# other esta"lishment-
group or class of esta"lishments of a similar nature is li8el# to "e interested in- or
affected "#- such dispute- the appropriate government ma#- at the time of ma8ing the
reference or at an# time thereafter "ut "efore the su"mission of the award- include in
that reference such esta"lishment- group or class of esta"lishments- whether or not at
the time of such inclusion an# dispute e.ists or is apprehended in that esta"lishment-
group or class of esta"lishments.]
<?[ +6, 6here an# reference has "een made under su"*section +1A, to a 4ational
%ri"unal- then notwithstanding an#thing contained in this Act- no Ca"our 0ourt or
%ri"unal shall have 9urisdiction to ad9udicate upon an# matter which is
under ad9udication "efore the 4ational %ri"unal- and accordingl#*
+a, if the matter under ad9udication "efore the 4ational %ri"unal is pending in a
proceeding "efore a Ca"our 0ourt or %ri"unal- the proceeding "efore the Ca"our 0ourt
or the %ri"unal- as the case ma# "e- insofar as it relates to such matter- shall "e
deemed to have "een 5uashed on such reference to the 4ational %ri"unal: and
+", it shall not "e lawful for the appropriate government to refer the matter under
ad9udication "efore the 4ational %ri"unal to an# Ca"our 0ourt or %ri"unal for
ad9udication during the pendenc# of the proceeding in relation to such matter "efore the
4ational %ri"unal.
1=[!.planation) (n this su"*section 1Ca"our 0ourt1 or 1%ri"unal1 includes an# court or
%ri"unal or other authorit# constituted under an# law relating to investigation and
settlement of industrial disputes in force in an# /tate.]
+<, 6here an# industrial dispute- in relation to which the 0entral 7overnment is not the
appropriate government- is referred to a 4ational %ri"unal- then- notwithstanding
an#thing contained in this Act- an# reference in section 15- section 1<- section 19-
section 33A- section 33 and section 36A to the appropriate government in relation to
such dispute shall "e construed as a reference to the 0entral 7overnment "ut- save as
aforesaid and as otherwise e.pressl# provided in this Act- an# reference in an# other
provision of this Act to the appropriate government in relation to that dispute shall mean
a reference to the /tate 7overnment.]
29[+=, 4o proceedings pending "efore a Ca"our 0ourt- %ri"unal or 4ational %ri"unal in
relation to an industrial dispute shall lapse merel# "# reason of the death of an# of the
parties to the dispute "eing a wor8man- and such Ca"our 0ourt- %ri"unal or 4ational
%ri"unal shall complete such proceedings and su"mit its award to the appropriate
government.]
<?[1?A. @oluntar# reference of disputes to ar"itration
+1, 6here an# industrial dispute e.ists or is apprehended and the emplo#er and the
wor8man agree to refer the dispute to ar"itration- the# ma#- at an# time "efore the
dispute has "een referred under section 1? to a Ca"our 0ourt or %ri"unal or 4ational
%ri"unal "# a written agreement- refer the dispute to ar"itration and the reference shall
"e to such person or persons +including the presiding officer of a Ca"our 0ourt or
%ri"unal- or 4ational %ri"unal, as an ar"itrator or ar"itrators as ma# "e specified in the
ar"itration agreement.
<1[+1A, 6here an ar"itration agreement provides for a reference of the dispute to an
even num"er of ar"itrators the agreement shall provide for the appointment of another
person as umpire who shall enter upon the reference- if the ar"itrators are e5uall#
divided in their opinion- and the award of the umpire shall prevail and shall "e deemed
to "e the ar"itration award for the purposes of this Act.]
+2, An ar"itration agreement referred to in su"*section +1, shall "e in such form and
shall "e signed "# the parties thereto in such manner as ma# "e prescri"ed.
+3, A cop# of the ar"itration agreement shall "e forwarded to the appropriate
government and the conciliation officer and the appropriate government shall- within
<2[one month] from the date of the receipt of such cop#- pu"lish the same in the Official
7a;ette.
<1[+3A, 6here an industrial dispute has "een referred to ar"itration and the appropriate
government is satisfied that the persons ma8ing the reference represent the ma9orit# of
each part#- the appropriate government ma#- within the time referred to in su"*section
+3,- issue a notification in such manner as ma#"e prescri"ed: and when an# such
notification is issued- the emplo#ers and wor8men who are not parties to the ar"itration
agreement "ut are concerned in the dispute- shall "e given an opportunit# of presenting
their case "efore the ar"itrator or ar"itrators.]
+2, %he ar"itrator or ar"itrators shall investigate the dispute and su"mit to the
appropriate government the ar"itration award signed "# the ar"itrator or all the
ar"itrators- as the case ma# "e.
<1[+2A, 6here an industrial dispute has "een referred to ar"itration and a notification
has "een issued under su"*section +3A,- the appropriate government ma#- "# order-
prohi"it the continuance of an# stri8e or loc8*out in connection with such dispute which
ma#"e in e.istence on the date of the reference.]
+5, 4othing in the Ar"itration Act- 192? +1? of 192?,- shall appl# to ar"itrations under this
section.]
CHAPTER I"
PROCED%RE, PO+ERS AND D%TIES O# A%THORITIES
11. Pr2ce8<re 1n8 p2Bers 29 c2nci6i1ti2n 299icers, B21r8, c2<rts 1n8 Tri:<n16s
1n8 N1ti2n16 Tri:<n16s
<3[+1, /u"9ect to an# rules that ma# "e made in this "ehalf- an ar"itrator- a oard- court-
Ca"our 0ourt- %ri"unal or 4ational %ri"unal shall follow such procedure as the ar"itrator
or other authorit# concerned ma# thin8 fit.]
+2, A conciliation officer or a mem"er of a "oard <2[or court or the presiding officer of a
Ca"our 0ourt- %ri"unal or 4ational %ri"unal] ma# for the purpose of in5uir# into an#
e.isting or apprehended industrial dispute- after giving reasona"le notice- enter the
premises occupied "# an# esta"lishment to which the dispute relates.
+3, !ver# oard- court- <5[Ca"our 0ourt- %ri"unal and 4ational %ri"unal] shall have the
same powers as are vested in a 0ivil 0ourt under the 0ode of 0ivil $rocedure-19?= +5
or 19?=,- when tr#ing a suit- in respect of the following matters- namel#)*
+a, enforcing the attendance of an# person and e.amining him on oath:
+", compelling the production of documents and material o"9ects:
+c, issuing commissions for the e.amination of witnesses:
+d, in respect of such other matters as ma# "e prescri"ed-
and ever# in5uir# or investigation "# a oard- court- <6[Ca"our 0ourt- %ri"unal or
4ational %ri"unal- shall "e deemed to "e a 9udicial proceeding within the meaning of
sections 193 and 22= of the (ndian $enal 0ode +25 to 1=6?,.
+2, A conciliation officer <<[ma# enforce the attendance of an# person for the purpose of
e.amination of such person or call for] and inspect an# document which he has ground
for considering to "e relevant to the industrial dispute <=[or to "e necessar# for the
purpose of verif#ing the implementation of an# award or carr#ing out an# other dut#
imposed on him under this Act- and for the aforesaid purposes- the conciliation officer
shall have the same powers as are vested in a civil court under the 0ode of 0ivil
$rocedure- 19?= +5 of 19?=,- <<[in respect of enforcing the attendance of an# person
and e.amining him or of compelling the production of documents]] .
<9[+5, A court- Ca"our 0ourt- %ri"unal or 4ational %ri"unal ma#- if it so thin8s fit- appoint
one or more persons having special 8nowledge of the matter under consideration as an
assessor or assessors to advise it in the proceeding "efore it.
+6, All conciliation officers- mem"ers of a oard or court and the presiding officers of a
Ca"our 0ourt- %ri"unal or 4ational %ri"unal shall "e deemed to "e pu"lic servants within
the meaning of section 21 of the (ndian $enal 0ode +25 of 1=6?,.
+<, /u"9ect to an# rules made under this Act the costs of- and incidental to- an#
proceeding "efore a Ca"our 0ourt- %ri"unal or 4ational %ri"unal shall "e in the
discretion of that Ca"our 0ourt- %ri"unal or 4ational %ri"unal- and the Ca"our 0ourt-
%ri"unal or 4ational %ri"unal- as the case ma# "e- shall have full power to determine "#
and to whom and to what e.tent and. su"9ect to what conditions- if an#- such costs are
to "e paid- and to give all necessar# directions for the purposes aforesaid and such
costs ma#- on application made to the appropriate government "# the person entitled-
"e recovered "# that government in the same manner as an arrear of land revenue.]
=?[ +=, !ver# =1[Ca"our 0ourt- %ri"unal or 4ational %ri"unal] shall "e deemed to "e civil
court for the purposes of =2[sections 325- 326- and 32= of the 0ode of 0riminal
$rocedure- 19<3 +2 of 19<2,.]
=3[11A. $owers of Ca"our 0ourt %ri"unal- and 4ational %ri"unal to give appropriate
relief in case of discharge or dismissal of wor8men
6here an industrial dispute relating to the discharge or dismissal of a wor8man has
"een referred to a Ca"our 0ourt- %ri"unal or 4ational %ri"unal for ad9udication and- in
the course of the ad9udication proceedings- the Ca"our 0ourt- %ri"unal or 4ational
%ri"unal- as the case ma# "e- is satisfied that the order of discharge or dismissal was
not 9ustified- it ma#- "# its award- set aside the order of discharge or dismissal and direct
reinstatement of the wor8man on such terms and conditions- if an#- as it thin8s fit- or
give such other relief to the wor8man including the award of an# lesser punishment in
lieu of discharge or dismissal as the circumstances of the case ma# re5uire)
$'O@(E!E that in an# proceeding under this section the Ca"our 0ourt- %ri"unal or
4ational %ri"unal- as the case ma# "e- shall rel# onl# on the materials on record and
shall not ta8e an# fresh evidence in relation to the matter.]
1*. D<ties 29 c2nci6i1ti2n 299icers
+1, 6here an# industrial dispute e.ists or is apprehended- the conciliation officer ma#- or
where the dispute relates to a pu"lic utilit# service and a notice under section 22 has
"een given- shall- hold conciliation proceedings in the prescri"ed manner.
+2, %he conciliation officer shall- for the purpose of "ringing a"out a settlement of the
dispute- without dela#- investigate the dispute and all matters affecting the merits and
the right settlement thereof and ma# do all such things as he thin8s fit for the purpose of
inducing the parties to come to a fair and amica"le settlement of the dispute.
+3, (f a settlement of the dispute or of an# of the matters in dispute is arrived at in the
course of the conciliation proceedings the conciliation officer shall send a report thereof
to the appropriate government =2[or an officer authorised in this "ehalf "# the
appropriate government] together with a memorandum of the settlement signed "# the
parties to the dispute.
+2, (f no such settlement is arrived at - the conciliation officer shall- as soon as
practica"le after the close of the investigation- send to the appropriate 7overnment a
full report setting forth the steps ta8en "# him for ascertaining the facts and
circumstances relating to the dispute and for "ringing a"out a settlement thereof-
together with a full statement of such facts and circumstances- and the reasons on
account of which- in his opinion- a settlement could not "e arrived at.
+5, (f- on a consideration of the report referred to in su"*section +2,- the appropriate
government is satisfied that there is a case for reference to a oard- =5[Ca"our 0ourt-
%ri"unal or 4ational %ri"unal]- it ma# ma8e such reference. 6here the appropriate
government does not ma8e such a reference it shall record and communicate to the
parties concerned its reasons therefor.
+6, A report under this section shall "e su"mitted within fourteen da#s of the
commencement of the conciliation proceedings or within such shorter period as ma# "e
fi.ed "# the appropriate government)
3=[$'O@(E!E that- 1=[su"9ect to the approval of the conciliation officer-] the time for
the su"mission of the report ma# "e e.tended "# such period as ma# "e agreed upon in
writing "# all the parties to the dispute.]
1!. D<ties 29 B21r8
+1, 6here a dispute has "een referred to a oard under this Act- it shall "e the dut# of
the oard to endeavour to "ring a"out a settlement of the same and for this purpose the
oard shall- in such manner as it thin8s fit and without dela#- investigate the dispute and
all matters affecting the merit and the right settlement thereof and ma# do all such
things as it thin8s fit for the purpose of inducing the parties to come to a fair and
amica"le settlement of the dispute.
+2, (f a settlement of the dispute or of an# of the matter in dispute is arrived at in the
course of the conciliation proceedings- the oard shall send a report thereof to the
appropriate government together with a memorandum of the settlement signed "# the
parties to the dispute.
+3, (f no such settlement is arrived at- the oard shall- as soon as practica"le after the
close of the investigation- send to the appropriate government a full report setting forth
the proceedings and steps ta8en "# the oard for ascertaining the facts and
circumstances relating to the dispute and for "ringing a"out a settlement thereof-
together with a full statement of such facts and circumstances- its findings thereon- the
reasons on account of which- in its opinion- a settlement could not "e arrived at and its
recommendations for the determination of the dispute.
+2, (f- on the receipt of a report under su"*section +3, in respect of a dispute relating to a
pu"lic utilit# service- the appropriate government does not ma8e a reference to a
=6[Ca"our 0ourt- %ri"unal or 4ational %ri"unal] under section 1?- it shall record and
communicate to the parties concerned its reasons therefor.
+5, %he oard shall su"mit its report under this section within two months of the date
=<[on which the dispute was referred to it] or within such shorter period as ma# "e fi.ed
"# the appropriate government)
$'O@(E!E that the appropriate 7overnment ma# from time to time e.tend the time for
the su"mission of the report "# such further periods not e.ceeding two months in the
aggregate)
$'O@(E!E FF'%D!' that the time for the su"mission of the report ma# "e e.tended
"# such period as ma# "e agreed on in writing "# all the parties to the dispute.
1&. D<ties 29 c2<rts
A court shall in5uire into the matters referred to it and report thereon to the appropriate
government ordinaril# within a period of si. months from the commencement of its
in5uir#.

101E1,. D<ties 29 L1:2<r C2<rts, Tri:<n16s 1n8 N1ti2n16 Tri:<n16s
6here an industrial dispute has "een referred to a Ca"our 0ourt- %ri"unal or 4ational
%ri"unal for ad9udication- it shall hold its proceedings e.peditiousl# and shall- 1?2[within
the period specified in the order referring such industrial dispute or the further period
e.tended under the second proviso to su"*section +2A, of section 1?]- su"mit its award
to the appropriate government.
16. #2r; 29 rep2rt 2r 1B1r8
+1, %he report of a oard or court shall "e in writing and shall "e signed "# all the
mem"ers of the oard or court- as the case ma# "e )
$'O@(E!E that nothing in this section shall "e deemed to prevent an# mem"er of the
oard or court from recording an# minute of dissent from a report or from an#
recommendation made therein.
+2, %he award of a Ca"our 0ourt or %ri"unal or 4ational %ri"unal shall "e in writing and
shall "e signed "# its presiding officer.
1'.P<:6ic1ti2n 29 rep2rt 1n8 1B1r8
+1, !ver# report of a oard or court together with an# minute of dissent recorded
therewith- ever# ar"itration award and ever# award of a Ca"our 0ourt- %ri"unal or
4ational %ri"unal shall- within a period of thirt# da#s from the date of its receipt "# the
appropriate government- "e pu"lished in such manner as the appropriate government
thin8s fit.
+2, /u"9ect to the provisions of section 1<A- the award pu"lished under su"*section +1,
shall "e final and shall not "e called in 5uestion "# an# court in an# manner whatsoever.
1<A. 0ommencement of the award
+1, An award +including an ar"itration award, shall "ecome enforcea"le on the e.pir# of
thirt# da#s from the date of its pu"lication under section 1<)
$'O@(E!E that*
+a, if the appropriate government is of opinion- in an# case where the award has "een
given "# a Ca"our 0ourt or %ri"unal in relation to an industrial dispute to which it is a
part#: or
+", if the 0entral 7overnment is of opinion- in an# case where the award has "een given
"# a 4ational %ri"unal-
that it will "e ine.pedient on pu"lic grounds affecting national econom# or social 9ustice
to give effect to the whole or an# part of the award- the appropriate government- or as
the case ma# "e- the 0entral 7overnment ma#- "# notification in the Official 7a;ette-
declare that the award shall not "ecome enforcea"le on the e.pir# of the said period of
thirt# da#s.
+2, 6here an# declaration has "een made in relation to an award under the proviso to
su"*section +1,- the appropriate government or the 0entral 7overnment ma#- within
ninet# da#s from the date of pu"lication of the award under section 1<- ma8e an order
re9ecting or modif#ing the award- and shall- on the first availa"le opportunit#- la# the
award together with a cop# of the order "efore the Cegislature of the /tate- if the order
has "een made "# a /tate 7overnment- or "efore $arliament- if the order has "een
made "# the 0entral 7overnment.
+3, 6here an# award as re9ected or modified "# an order made under su"*section +2, is
laid "efore the Cegislature of a /tate or "efore $arliament- such award shall "ecome
enforcea"le on the e.pir# of fifteen da#s from the date on which it is so laid: and where
no order under su"*section +2, is made in pursuance of a declaration under the proviso
to su"*section +1,- the award shall "ecome enforcea"le on the e.pir# of the period of
ninet# da#s referred to in su"*section +2,.
+2, /u"9ect to the provisions of su"*section +1, and su"*section +3, regarding the
enforcea"ilit# of an award- the award shall come into operation with effect from such
date as ma# "e specified therein- "ut where no date is so specified- it shall come into
operation on the date when the award "ecomes enforcea"le under su"*section +1, or
su"*section +3,- as the case ma# "e.]
1?3[1<. $a#ment of full wages to wor8man pending proceedings in higher courts
6here in an# case- a Ca"our 0ourt- %ri"unal or 4ational %ri"unal "# its award directs
reinstatement of an# wor8man and the emplo#er prefers an# proceedings against such
award in a Digh 0ourt or the /upreme 0ourt- the emplo#er shall "e lia"le to pa# such
wor8man- during the period of pendenc# of such proceedings in the Digh 0ourt or the
/upreme 0ourt- full wages last drawn "# him- inclusive of an# maintenance allowance
admissi"le to him under an# rule if the wor8man had not "een emplo#ed in an#
esta"lishment during such period and an affidavit "# such wor8man had "een filed to
that effect in such court)
$'O@(E!E that where it is proved to the satisfaction of the Digh 0ourt or the /upreme
0ourt that such wor8man had "een emplo#ed and had "een receiving ade5uate
remuneration during an# such period or part thereof- the court shall order that no wages
shall "e pa#a"le under this section for such period or part- as the case ma# "e.]
1(.Pers2ns 2n B52; sett6e;ents 1n8 1B1r8s 1re :in8in>
1?2[+1, A settlement arrived at "# agreement "etween the emplo#er and wor8man
otherwise than in the course of conciliation proceeding shall "e "inding on the parties to
the agreement.
+2, 1?5[/u"9ect to the provisions of su"*section +3,- an ar"itration award] which has
"ecome enforcea"le shall "e "inding on the parties to the agreement who referred the
dispute to ar"itration.]
1?6[+3,] A settlement arrived at in the course of conciliation proceedings under this Act
1?<[or an ar"itration award in a case where a notification has "een issued under su"*
section +3A, of section 1?A] or 1?=[an award 1?9[of a Ca"our 0ourt- %ri"unal or 4ational
%ri"unal] which has "ecome enforcea"le] shall "e "inding on*
+a, all parties to the industrial dispute:
+", all other parties summoned to appear in the proceedings as parties to the dispute-
unless the oard 1?<[ar"itrator] 1?9[Ca"our 0ourt- %ri"unal or 4ational %ri"unal-] as the
case ma# "e- records the opinion that the# were so summoned without proper cause:
+c, where a part# referred to in clause +a, or clause +", is an emplo#er- his heirs-
successors or assigns in respect of the esta"lishment to which the dispute relates:
+d,where a part# referred to in clause +a, or clause +", is composed of wor8men- all
persons who were emplo#ed in the esta"lishment or part of the esta"lishment.- as the
case ma# "e- to which the dispute relates on the date of the dispute and all persons
who su"se5uentl# "ecome emplo#ed in that esta"lishment or part.
19.Peri28 29 2per1ti2n 29 sett6e;ents 1n8 1B1r8s
+1, A settlement 11?[G G G] shall come into operation on such date as is agreed upon "#
the parties to the dispute- and if no date is agreed upon- on the date on which the
memorandum of the settlement is signed "# the parties to the dispute.
+2, /uch settlement shall "e "inding for such period as is agreed upon "# the parties-
and if no such period is agreed upon- for a period of si. months 1?2[from the date on
which the memorandum of settlement is signed "# the parties to the dispute]- and shall
continue to "e "inding on the parties after the e.pir# of the period aforesaid- until the
e.pir# of two months from the date on which a notice in writing of an intention to
terminate the settlement is given "# one of the parties to the other part# or parties to the
settlement.
111[+3, An award shall- su"9ect to the provisions of this section- remain in operation for a
period of one #ear 112[from the date on which the award "ecomes enforcea"le under
section 1<A])
$'O@(E!E that the appropriate government ma# reduce the said period and fi. such
period as it thin8s fit)
$'O@(E!E FF'%D!' that the appropriate government- ma#- "efore e.pir# of the said
period- e.tend the period of operation "# an# period not e.ceeding one #ear at a time
as it thin8s fit so- however- that the total period of operation of an# award does not
e.ceed three #ears from the date on which it came into operation.
+2, 6here the appropriate government- whether of its own motion or on the application
of an# part# "ound "# the award- considers that since the award was made- there has
"een a material change in the circumstances on which it was "ased- the appropriate
government ma# refer the award or part of it 113[to a Ca"our 0ourt- if the award was
that of a Ca"our 0ourt or to a %ri"unal- if the award was that of a %ri"unal or of a
4ational %ri"unal]- for decision whether the period of operation should not- "# reason of
such change- "e shortened and the decision of 112[Ca"our 0ourt or the %ri"unal- as the
case ma# "e] on such reference shall 115[G G G] "e final.
+5, 4othing contained in su"*section +3, shall appl# to an# award which "# its nature-
terms or other circumstances does not impose- after it has "een given effect to- an#
continuing o"ligation on the parties "ound "# the award.
+6, 4otwithstanding the e.pir# of the period of operation under su"*section +3,- the
award shall continue to "e "inding on the parties until a period of two months has
elapsed from the date on which notice is given "# an# part# "ound "# the award to the
other part# or parties intimating its intention to terminate the award.
116[+<, 4o notice given under su"*section +2, or su"*section +6, shall have effect- unless
it is given "# a part# representing the ma9orit# of persons "ound "# the settlement or
award- as the case ma# "e.]
*0. C2;;ence;ent 1n8 c2nc6<si2n 29 pr2cee8in>s
+1, A conciliation proceeding shall "e deemed to have commenced on the date on which
a notice of stri8e or loc8*out under section 22 is received "# the conciliation officer or on
the date of the order referring the dispute to a oard- as the case ma# "e.
+2, A conciliation proceeding shall "e deemed to have concluded*
+a, where a settlement is arrived at- when a memorandum of the settlement is signed "#
the parties to the dispute:
+", where no settlement is arrived at- when the report of the conciliation officer is
received "# the appropriate government or when the report of the oard is pu"lished
under section 1<- as the case ma# "e: or
+c, when a reference is made to a court- 11<[ Ca"our 0ourt- %ri"unal or 4ational
%ri"unal] under section 1? during the pendenc# of conciliation proceedings.
+3, $roceedings 11=[ "efore an ar"itrator under section 1?A or "efore a Ca"our 0ourt-
%ri"unal or 4ational %ri"unal] shall "e deemed to have commenced on the date of the
119[reference of the dispute for ar"itration or ad9udication- as the case ma#"e-] and
such proceedings shall "e deemed to have concluded 12?[on the date on which the
award "ecomes enforcea"le under section 1<A.]
*1. Cert1in ;1tters t2 :e =ept c2n9i8enti16
%here shall not "e included in an# report or award under this Act- an# information
o"tained "# a 0onciliation Officer- oard- court- 11<[Ca"our 0ourt- %ri"unal- 4ational
%ri"unal or an ar"itrator]- in the course of an# investigation or in5uir# as to a trade union
or as to an# individual "usiness +whether carried on "# a person- firm or compan#,
which is not availa"le otherwise than through the evidence given "efore such officer-
oard- court- 11<[ Ca"our 0ourt- %ri"unal- 4ational %ri"unal or ar"itrator]- if the trade
union- person- firm or compan#- in 5uestion has made a re5uest in writing to the
conciliation officer- oard- court 11<[Ca"our 0ourt- %ri"unal -4ational %ri"unal or
ar"itrator]- as the case ma# "e- that such information shall "e treated as confidential:
nor shall such conciliation officer or an# individual mem"er of the oard- 121[or court or
the presiding officer of the Ca"our 0ourt- %ri"unal or 4ational %ri"unal or the ar"itrator]
or an# person present at or concerned in the proceedings disclose an# such information
without the consent in writing of the secretar# of the trade union or the person- firm or
compan# in 5uestion- as the case ma# "e)
$'O@(E!E that nothing contained in this section shall appl# to a disclosure of an# such
information for the purposes of a prosecution under section 193 of the (ndian $enal
0ode +25 of 1=6?,.
CHAPTER "
STRI-ES AND LOC-O%TS
**. Pr25i:iti2n 29 stri=es 1n8 L2c=2<ts
+1, 4o person emplo#ed in a pu"lic utilit# service shall go on stri8e in "reach of contract*
+a, without giving to the emplo#er notice of stri8e- as hereinafter provided- within si.
wee8s "efore stri8ing: or
+", within fourteen da#s of giving such notice: or
+c, "efore the e.pir# of the date of stri8e specified in an# such notice as aforesaid: or
+d, during the pendenc# of an# conciliation proceedings "efore a conciliation officer and
seven da#s after the conclusion of such proceedings.
+2, 4o emplo#er carr#ing on an# pu"lic utilit# service shall loc8*out an# of his wor8men*
+a, without giving them notice of loc8*out as hereinafter provided- within si. wee8s
"efore loc8ing*out: or
+", within fourteen da#s of giving such notice: or
+c, "efore the. e.pir# of the date of loc8*out specified in an# such notice as aforesaid. or
+d, during the pendenc# of an# conciliation proceedings "efore a conciliation officer and
seven da#s after the conclusion of such proceedings.
+3, %he notice of loc8*out or stri8e under this section shall not "e necessar# where there
is alread# in e.istence a stri8e or- as the case ma# "e- loc8*out in the pu"lic utilit#
service- "ut the emplo#er shall send intimation of such loc8*out or stri8e on the da# on
which it is declared- to such authorit# as ma# "e specified "# the appropriate
government either generall# or for a particular area or for a particular class of pu"lic
utilit# services.
+2, %he notice of stri8e referred to in su"*section+l, shall "e given "# such num"er of
persons to such person or persons and in such manner as ma#"e prescri"ed.
+5, %he notice of loc8*out referred to in su"*section +2, shall "e given in such manner as
ma# "e prescri"ed.
+6, (f on an# da# an emplo#er receives from an# person emplo#ed "# him an# such
notices as are referred to in su"*section +1, or gives to an# person emplo#ed "# him an#
such notices as are referred to in su"*section +2,- he shall within five da#s thereof report
to the appropriate government or to such authorit# as that government ma# prescri"e-
the num"er of such notices received or given on that da#.
*!. $ener16 pr25i:iti2n 29 stri=es 1n8 L2c=2<ts
4o wor8man who is emplo#ed in an# industrial esta"lishment shall go on stri8e in
"reach of contract and no emplo#er of an# such wor8man shall declare a loc8*out*
+a, during the pendenc# of conciliation proceedings "efore a oard and seven da#s
after the conclusion of such proceedings:
+", during the pendenc# of proceedings "efore 122[a Ca"our 0ourt- %ri"unal or 4ational
%ri"unal] and two months- after the conclusion of such proceedings: 123[G G G]
1?<[+"", during the pendenc# of ar"itration proceedings "efore an ar"itrator and two
months after the conclusion of such proceedings- where a notification has "een issued
under su"*section +3A, of section l?A: or]
+c, during an# period in which a settlement or award is in operation- in respect of an# of
the matters covered "# the settlement or award.
*&. I66e>16 stri=es 1n8 L2c=2<ts
+1, A stri8e or loc8*out shall "e illegal if*
+i, it is commenced or declared in contravention of section 22 or section 23: or
+ii, it is continued in contravention of an order made under su"*section +3, of section 1?
1?<[or su"*section +2A, of /ection 1?A].
+2, 6here a stri8e or loc8*out in pursuance of an industrial dispute has alread#
commenced and is in e.istence at the time of the reference of the dispute to a oard-
1?<[an ar"itrator- a]11<[Ca"our 0ourt- %ri"unal or 4ational %ri"unal]- the continuance of
such stri8e or loc8*out shall not "e deemed to "e illegal- provided that such stri8e or loc8
out was not at its commencement in contravention of the provisions of this Act or the
continuance thereof was not prohi"ited under su"*section +3, of section 1? 1?<[or su"*
section +2A, of section 1?A].
+3, A loc8*out declared in conse5uence of an illegal stri8e or a stri8e declared in
conse5uence of an illegal loc8*out shall not "e deemed to "e illegal.
*,. Pr25i:iti2n 29 9in1nci16 1i8 t2 i66e>16 stri=es 1n8 L2c=2<ts
4o person shall 8nowingl# e.pend or appl# an# mone# in direct furtherance or support
of an# illegal stri8e or loc8*out.
1*&ECHAPTER "A C LA)O## AND RETRENCHMENT
*,A. App6ic1ti2n 29 secti2ns *,C t2 *,E
+1, /ections 250 to 25! inclusive 125[shall not appl# to (ndustrial !sta"lishments to
which 0hapter @ applies- or]*
+a, to industrial esta"lishments in which less than fift# wor8men on an average per
wor8ing da# have "een emplo#ed in the preceding calendar month: or
+", to industrial esta"lishments which are of a seasonal character or in which wor8 is
performed onl# intermittentl#.
+2, (f a 5uestion arises whether an industrial esta"lishment is of a seasonal character or
whether wor8 is performed therein onl# intermittentl#- the decision of the appropriate
government thereon shall "e final.
126[!.planation) (n this section and in sections 250- 25E and 25!- 1industrial
esta"lishment1 means*
+i, a factor# as defined in clause +m, of section 2 of the Factories Act- 192= +63 of 192=,:
or
+ii, a mine as defined in clause +9, of section 2 of the Aines Act- 1952 +35 of 1952,: or
+iii, a plantation as defined in clause +f, of section 2 of the $lantations Ca"our Act- 1951
+69 of 1951,]
1*'E*,B. De9initi2n 29 c2ntin<2<s ser?ice
For the purposes of this 0hapter-*
+1, a wor8man shall "e said to "e in continuous service for a period if he is- for that
period- in uninterrupted service- including service which ma# "e interrupted on account
of sic8ness or authorised leave or an accident or a stri8e which is not illegal- or a loc8*
out or a cessation of wor8 which is not due to an# fault on the part of the wor8man:
+2, where a wor8man is not in continuous service within the meaning of clause +1, for a
period of one #ear or si. months- he shall "e deemed to "e in continuous service under
an emplo#er*
+a, for a period of one #ear- if the wor8man- during a period of twelve calendar months
preceding the date with reference to which calculation is to "e made- has actuall#
wor8ed under the emplo#er for not less than*
+i, one hundred and ninet# da#s in the case of a wor8man emplo#ed "elow ground in a
mine: and
+ii, two hundred and fort# da#s- in an# other case:
+", for a period of si. months- if the wor8man- during a period of si. calendar months
preceding the date with reference to which calculation is to "e made- has actuall#
wor8ed under the emplo#er for not less than*
+i, ninet#*five da#s- in the case of a wor8man emplo#ed "elow ground in a mine: and
+ii, one hundred and twent# da#s- in an# other case.
!.planation) For the purposes of clause +2,- the num"er of da#s on which wor8man has
actuall# wor8ed under an emplo#er shall include the da#s on which*
+i, he has "een laid*off under an agreement or as permitted "# standing orders made
under the (ndustrial !mplo#ment +/tanding Orders, Act- 1926 +2? of 1926,- or under this
Act or under an# other law applica"le to the industrial esta"lishment:
+ii, he has "een on leave with full wages- earned in the previous #ear:
+iii, he has "een a"sent due to temporar# disa"lement caused "# accident arising out of
and in the course of his emplo#ment: and
+iv, in the case of a female- she has "een on maternit# leave: so- however- that the total
period of such maternit# leave does not e.ceed twelve wee8s.]
1*(E*,C. Ri>5t 29 B2r=;en 61i8299 92r c2;pens1ti2n
6henever a wor8man +other than a "adli wor8man or a casual wor8man, whose name
is "orne on the muster rolls of an industrial esta"lishment and who has completed not
less than one #ear of continuous service under an emplo#er is laid*off- whether
continuousl# or intermittentl#- he shall "e paid "# the emplo#er for all da#s during which
he is so laid*off- e.cept for such wee8l# holida#s as ma# intervene- compensation which
shall "e e5ual to fift# per cent- of the total of the "asic wages and dearness allowance
that would have "een pa#a"le to him had he not "een so laid*off)
$'O@(E!E that if during an# period of twelve months- a wor8man is so laid*off for more
than fort#*five da#s- no such compensation shall "e pa#a"le in respect of an# period of
the la#*off after the e.pir# of the first fort#*five da#s- if there is an agreement to that
effect "etween the wor8man and the emplo#er)
$'O@(E!E FF'%D!' that it shall "e lawful for the emplo#er in an# case falling within
the foregoing proviso to retrench the wor8man in accordance with the provisions
contained in section 25F at an# time after the e.pir# of the first fort# five da#s of the la#
off and when he does so- an# compensation paid to the wor8man for having "een laid
off during the preceding twelve months ma# "e set off against the compensation
pa#a"le for retrenchments
!.planation) 1adli wor8man1 means a wor8man who is emplo#ed in an industrial
esta"lishment in the place of another wor8man whose name is "orne on the muster rolls
of the esta"lishment- "ut shall cease to "e regarded as such for the purposes of this.
section- if he has completed one #ear of continuous service in the esta"lishment.]
*,D. D<t@ 29 1n e;p62@er t2 ;1int1in ;<ster r266s 29 B2r=;en
4otwithstanding that wor8men in an# industrial esta"lishment have "een laid*off- it shall
"e the dut# of ever# emplo#er to maintain for the purposes of this 0hapter a muster roll-
and to provide for the ma8ing of entries therein "# wor8men who ma# present
themselves for wor8 at the esta"lishment at the appointed time during normal wor8ing
hours.
*,E. +2r=;en n2t entit6e8 t2 c2;pens1ti2n in cert1in c1ses
4o compensation shall "e paid to a wor8man who has "een laid*off*
+i, if he refuses to accept an# alternative emplo#ment in the same esta"lishment from
which he has "een laid off- or in an# other esta"lishment "elonging to the same
emplo#er situate in the same town or village or situate within a radius of five miles from
the esta"lishment to which he "elongs- if- in the opinion of. the emplo#er- such
alternative emplo#ment does not call. for an# special s8ill or previous e.perience and
can "e done "# the wor8man- provided that the wages which would normall# have "een
paid to the wor8man are offered for the alternative emplo#ment also:
+ii, if he does not present himself for wor8 at the esta"lishment at the appointed time
during normal wor8ing hours at least once a da#:
+iii, if such la#ing*off is due to a stri8e or slowing*down of production on the part of
wor8men in another part of the esta"lishment.
*,#. C2n8iti2ns prece8ent t2 retrenc5;ent 29 B2r=;en
4o wor8man emplo#ed in an# industr# who has "een in continuous service for not less
than one #ear under an emplo#er shall "e retrenched "# that emplo#er until*
+a, the wor8man has "een given one monthKs notice in writing indicating the reasons for
retrenchment and the period of notice has e.pired- or the wor8man has "een paid in lieu
of such notice- wages for the period of the notice:129[G G G]
+", the wor8man has "een paid- at the time of retrenchment- compensation which shall
"e e5uivalent to fifteen da#sK average pa#13?[for ever# completed #ear of continuous
service] or an# part thereof in e.cess of si. months: and +c, notice in the prescri"ed
manner is served on the appropriate government 1?<[for such authorit# as ma# "e
specified "# the appropriate government "# notification in the Official 7a;ette].
1!1E*,##. C2;pens1ti2n t2 B2r=;en in c1se 29 tr1ns9er 29 <n8ert1=in>s
6here the ownership or management of an underta8ing is transferred- whether "#
agreement or "# operation of law- from the emplo#er in relation to that underta8ing to a
new emplo#er- ever# wor8man who has "een in continuous service for not less than one
#ear in that underta8ing immediatel# "efore such transfer shall "e entitled to notice and
compensation in accordance with the provisions of section 25F- as if the wor8man had
"een retrenched)
$'O@(E!E that nothing in this section shall appl# to a wor8man in an# case where
there has "een a change of emplo#ers "# reason of the transfer- if*
+a, the service of the wor8man has not "een interrupted "# such transfer:
+", the terms and conditions of service applica"le to the wor8man after such transfer are
not in an# wa# less favoura"le to the wor8man than those applica"le to him immediatel#
"efore the transfer: and
+c, the new emplo#er is under the terms of such transfer or otherwise- legall# lia"le to
pa# to the wor8man- in the event of his retrenchment- compensation on the "asis that
his service has "een continuous and has not "een interrupted "# the transfer.]
1!*E*,##A. Si7t@ 81@sG n2tice t2 :e >i?en 29 intenti2n t2 c62se 82Bn 1n@
<n8ert1=in>
+1, An emplo#er who intends to close down an underta8ing shall serve- at least si.t#
da#s "efore the date on which the intended closure is to "ecome effective- a notice- in
the prescri"ed manner- on the appropriate government stating clearl# the reasons for
the intended closure of the underta8ing)
$'O@(E!E that nothing in this section shall appl# to*
+a, an underta8ing in which*
+i, less than fift# wor8men are emplo#ed- or
+ii, less than fift# wor8men were emplo#ed on an average per wor8ing da# in the
preceding twelve months.
+", an underta8ing set up for the construction of "uildings- "ridges- roads- canals- dams
or for other construction wor8 or pro9ect.
+2, 4otwithstanding an#thing contained in su"*section +1,- the appropriate government
ma#- if it is satisfied that owing to such e.ceptional circumstances as accident in the
underta8ing or death of the emplo#er or the li8e- it is necessar# so to do- "# order- direct
that provisions of su"*section +1, shall not appl# in relation to such underta8ing for such
period as ma# "e specified in the order.]
1!!E*,###. C2;pens1ti2n t2 B2r=;en in c1se 29 c62sin> 82Bn 29 <n8ert1=in>s
+1, 6here an underta8ing is closed down for an# reason whatsoever- ever# wor8man
who has "een in continuous service for not less than one #ear in that underta8ing
immediatel# "efore such closure shall- su"9ect to the provisions of su"*section +2,- "e
entitled to notice and compensation in accordance with the provisions of section 25F- as
if the wor8man had "een retrenched)
$'O@(E!E that where the underta8ing is closed down on account of unavoida"le
circumstances "e#ond the control of the emplo#er- the compensation to "e paid to the
wor8man under clause +", of section 25F- shall not e.ceed his average pa# for three
months)
132[!.planation) An underta8ing which is closed down "# reason merel# of*
+i, financial difficulties +including financial losses,: or
+ii, accumulation of undisputed off stoc8s: or
+iii, the e.pir# of the period of the lease or licence granted to it: or
+iv, in case where the underta8ing is engaged in mining operations- e.haustion of the
minerals in the area in which operations are carried on-
shall not "e deemed to "e closed down on account of unavoida"le circumstances
"e#ond the control of the emplo#er within the meaning of the proviso to this su"*
section.]
135[+1A, 4otwithstanding an#thing contained in su"*section +1,- where an underta8ing
engaged in mining operations is closed down "# reason merel# of e.haustion of the
minerals in the area in which such operations are carried on- no wor8man referred to in
that su"*section shall "e entitled to an# notice or compensation in accordance with the
provisions of section 25F- if*
+a, the emplo#er provides the wor8man with alternative emplo#ment with effect from the
date of closure at the same remuneration as he was entitled to receive- and on the
same terms and conditions of service as were applica"le to him- immediatel# "efore the
closure:
+", the service of the wor8man has not "een interrupted "# such alternative
emplo#ment: and
+c, the emplo#er is - under the terms of such alternative emplo#ment or otherwise-
legall# lia"le to pa# to the wor8man- in the event of his retrenchment- compensation on
the "asis that his service has "een continuous and has not "een interrupted "# such
alternative emplo#ment.
+1, For the purposes of su"*sections +l, and +1A,- the e.pressions 1minerals1 and
1mining operations1 shall have the meanings respectivel# assigned to them in clauses
+a,and +d, of section 3 of the Aines and Ainerals +'egulation and Eevelopment, Act-
195< +6< of 195<,.]
+2, 6here an# underta8ing set up for the construction of "uildings- "ridges- roads-
canals- dams- or other construction wor8 is closed down on account of the completion of
the wor8 within two #ears from the date on which the underta8ing had "een set up- no
wor8man emplo#ed therein shall "e entitled to an# compensation under clause +", of
section 25F- "ut if the construction wor8 is not so completed within two #ears- he shall
"e entitled to notice and compensation under that section for ever# 136[completed #ear
of continuous service] or an# part thereof in e.cess of si. months].
*,$. Pr2ce8<re 92r retrenc5;ent
6here an# wor8man in an industrial esta"lishment who is a citi;en of (ndia- is to "e
retrenched and he "elongs to a particular categor# of wor8men in that esta"lishment- in
the a"sence of an# agreement "etween the emplo#er and the wor8man in this "ehalf-
the emplo#er shall ordinaril# retrench the wor8man who was the last person to "e
emplo#ed in that categor#- unless for reasons to "e recorded the emplo#er retrenches
an# other wor8man.
*,H. Ree;p62@;ent 29 retrenc5e8 B2r=;en
6here an# wor8men are retrenched- and the emplo#er proposes to ta8e into his emplo#
an# persons- he shall- in such manner as ma# "e prescri"ed- give an opportunit# 12<[to
the retrenched wor8men who are citi;ens of (ndia to offer themselves for re*
emplo#ment- and such retrenched wor8men] who offer themselves for re*emplo#ment
shall have preference over other persons.
25*(. 'ecover# of mone#s due from emplo#ers under this 0hapter
['epealed "# the (ndustrial Eisputes +Amendment and Aiscellaneous $rovisions, Act-
1956 +36 of 1956,- s. 19 w.e.f. 1?th. Aarch- 195<]
*,/. E99ect 29 61Bs inc2nsistent Bit5 t5is C51pter
+1, %he provisions of this 0hapter shall have effect notwithstanding an#thing in
consistent therewith contained in an# other law including standing orders made under
the (ndustrial !mplo#ment +/tanding Orders, Act- 1926 +2? of 1926,)
13<[$'O@(E!E that where under the provisions of an# other Act or 'ules- orders or
notifications issued thereunder or under an# standing orders or an# award- contract of
service or otherwise- a wor8man is entitled to "enefits in respect of an# matter which
are more favoura"le to him than those to which he would "e entitled under this Act: the
wor8man shall continue to "e entitled to the more favoura"le "enefits in respect of that
matter- notwithstanding that he receives "enefits in respect of other matters under this
Act.]
+2, For the removal of dou"ts- it is here"# declared that nothing contained in this
0hapter shall "e deemed to affect the provisions of an# other law for the time "eing in
force in an# /tate insofar as that law provides for the settlement of industrial disputes-
"ut the rights and lia"ilities of emplo#ers and wor8men insofar as the# relate to la#*off
and retrenchment shall "e determined in accordance with the provisions of this
0hapter.]
CHAPTER "
STRI-ES AND LOC-O%TS
1!(ECHAPTER "B C SPECIAL PRO"ISIONS RELATIN$ TO LA)O##,
RETRENCHMENT AND CLOS%RE IN CERTAIN ESTABLISHMENTS
*,-. App6ic1ti2n 29 C51pter "B
+1, %he provisions of this 0hapter shall appl# to an industrial esta"lishment +not "eing
an esta"lishment of a seasonal character or in which wor8 is performed onl#
intermittentl#, in which not less than 139[one hundred] wor8men were emplo#ed on an-
average per wor8ing da# for the preceding twelve months.
+2, (f a 5uestion arises whether an industrial esta"lishment is of a seasonal character or
whether wor8 is performed therein onl# intermittentl#- the decision of the appropriate
government thereon shall "e final.
*,L. De9initi2ns
For the purposes of this 0hapter-*
+a, 1industrial esta"lishment1 means*
+i, a factor# as defined in clause +m, of section 2 of the Factories Act. 192= +63 of 192=,:
+ii, a mine as defined in clause +9, of su"*section +1, of section 2 of the Aines Act- 1952
+35 of 1952,: or
+iii, a plantation as defined in clause +f, of section 2 of the $lantations Ca"our Act- 1951
+69 of 1951,:
+", notwithstanding an#thing contained in su"*clause +ii, of clause +a, of section 2-
+i, in relation to an# compan# in which not less than fift#*one percent of the paid*up
share capital is held "# the 0entral- 7overnment- or
+ii, in relation to an# corporation [not "eing a corporation referred to in su"*clause +i, of
clause +a, of section 2] esta"lished "# or under an# law made "# $arliament- the
0entral 7overnment shall "e the appropriate government.
*,M. Pr25i:iti2n 29 61@299
+1, 4o wor8man +other than a "adli wor8man or a casual wor8man, whose name is
"orne on the muster rolls of an industrial esta"lishment to which this 0hapter applies
shall "e laid*off "# his emplo#er e.cept 12?[with the prior permission of the appropriate
government or such authorit# as ma# "e specified "# that government "# notification in
the Official 7a;ette +hereafter in this section referred to as the specified authorit#,-
o"tained on an application made in this "ehalf- unless such la#*off is due to shortage of
power or to natural calamit#- and in the case of a mine- such la#*off is due also to fire-
flood- e.cess of inflamma"le gas or e.plosion].
121[ +2, An application for permission under su"*section +1, shall "e made "# the
emplo#er in the prescri"ed manner stating clearl# the reasons for the intended la#*off
and a cop# of such application shall also "e served simultaneousl# on the wor8men
concerned in the prescri"ed manner.
+3, 6here the wor8men +other than "adli wor8men or casual wor8men, of industrial
esta"lishment- "eing a mine- have "een laid*off under su"*section +1, for reasons of
fire- flood or e.cess of inflamma"le gas or e.plosion- the emplo#er- in relation to such
esta"lishment- shall- within a period of thirt# da#s from the date of commencement of
such la#*off- appl#- in the prescri"ed manner- to the appropriate government or the
specified authorit# for permission to continue the la#*off.
+2, 6here an application for permission under su"*section +1, or su"*section +3,has
"een made- the appropriate government or the specified authorit#- after ma8ing such
en5uir# as it thin8s fit and after giving a reasona"le opportunit# of "eing heard to the
emplo#er- the wor8men concerned and the persons interested in such la#*off- ma#-
having regard to the genuineness and ade5uac# of the reasons for such la#*off- the
interests of the wor8men and all other relevant factors- "# order and for reasons to "e
recorded in writing- grant or refuse to grant such permission and a cop# of such order
shall "e communicated to the emplo#er and the wor8men.
+5, 6here an application for permission under su"*section +1, or su"*section +3, has
"een made and the appropriate government or the specified authorit# does not
communicate the order granting or refusing to grant permission to the emplo#er within a
period of si.t# da#s from the date on which such application is made- the permission
applied for shall "e deemed to have "een granted on the e.piration of the said period of
si.t# da#s.
+6, An order of the appropriate government or the specified authorit# granting or
refusing to grant permission shall- su"9ect to the provisions of su"*section +<,- "e final
and "inding on all the parties concerned and shall remain in force for one #ear from the
date of such order.
+<, %he appropriate government or the specified authorit# ma#- either on its own motion
or on the application made "# the emplo#er or an# wor8man- review its order granting or
refusing to grant permission under su"*section +2, or refer the matter or- as the case
ma# "e- cause it to "e referred- to a %ri"unal for ad9udication)
$'O@(E!E that where a reference has "een made to a %ri"unal under this su"*section-
it shall pass an award within a period of thirt# da#s from the date of such reference.
+=, 6here no application for permission under su"*section +1, is made- or where no
application for permission under su"*section +3, is made within the period specified
therein- or where the permission for an# la#*off has "een refused- such la#*off shall "e
deemed to "e illegal from the date on which the wor8men had "een laid*off and the
wor8men shall "e entitled to all the "enefits under an# law for the time "eing in force as
if the# had not "een laid*off.
+9, 4otwithstanding an#thing contained in the foregoing provisions of this section- the
appropriate government ma#- if it is satisfied that owing to such e.ceptional
circumstances as accident in the esta"lishment or death of the emplo#er or the li8e- it is
necessar# so to do- "# order- direct that the provisions of su"*section +1,- or- as the
case ma# "e- su"*section +3, shall not appl# in relation to such esta"lishment for such
period as ma# "e specified in the order.]
122[+1?,] %he provisions of section 250 +other than the second proviso thereto, shall
appl# to cases of la#*off referred to in this section.
!.planation ) For the purposes of this section- a wor8man shall not "e deemed to "e
laid*off "# an emplo#er if such emplo#er offers an# alternative emplo#ment +which in the
opinion of the emplo#er does not call for an# special s8ill or previous e.perience and
can "e done "# the wor8man, in the same esta"lishment from which he has "een laid*
off or in an# other esta"lishment "elonging to the same emplo#er- situate in the same
town or village- or situate within such distance from the esta"lishment to which he
"elongs that the transfer will not involve undue hardship to the wor8man having regard
to the facts and circumstances of his case- provided that the wages which would
normall# have "een paid to the wor8man are offered for the alternative appointment
also.
1&0E*,N. C2n8iti2ns prece8ent t2 retrenc5;ent 29 B2r=;en
+1, 4o wor8man emplo#ed in an# industrial esta"lishment to which this 0hapter
applies - who has "een in continuous service for not less than one #ear under an
emplo#er shall "e retrenched "# that emplo#er until-
+a, the wor8man has "een given three monthsK notice in writing indicating the reasons
for retrenchment and the period of notice has e.pired- or the wor8man has "een paid in
lieu of such notice- wages for the period of the notice: and +", the prior permission of the
appropriate government or such authorit# as ma# "e specified "# that government "#
notification in the Official 7a;ette +hereafter in this section referred to as the specified
authorit#, has "een o"tained on an application made in this "ehalf.
+2, An application for permission under su"*section +1, shall "e made "# the emplo#er in
the prescri"ed manner stating clearl# the reasons for the intended retrenchment and a
cop# of such application shall also "e served simultaneousl# on the wor8men
concerned in the prescri"ed manner.
+3, 6here an application for permission under su"*section+l, has "een made- the
appropriate government or the specified authorit#- after ma8ing such en5uir# as it thin8s
fit and after giving a reasona"le opportunit# of "eing heard to the emplo#er- the
wor8men concerned and the persons interested in such retrenchment- ma#- having
regard to the genuineness and ade5uac# of the reasons stated "# the emplo#er- the
interests of the wor8men and all other relevant factors- "# order and for reasons to "e
recorded in writing- grant or refuse to grant such permission and a cop# of such order
shall "e communicated to the emplo#er and the wor8men.
+2, 6here an application for permission has "een made under su"*section +l, and the
appropriate government or the specified authorit# does not communicate the order
granting or refusing to grant permission to the emplo#er within a period of si.t# da#s
from the date on which such application is made- the permission applied for shall "e
deemed to have "een granted on the e.piration of the said period of si.t# da#s.
+5, An order of the appropriate government or the specified authorit# granting or
refusing to grant permission shall- su"9ect to the provisions of su"*section +6,- "e final
and "inding on all the parties concerned and shall remain in force for one #ear from the
date of such order.
+6, %he appropriate government or the specified authorit# ma#- either on its own motion
or on the application made "# the emplo#er or an# wor8man- review its order granting or
refusing to grant permission under su"*section +3, or refer the matter or- as the case
ma# "e- cause it to "e referred to a %ri"unal for ad9udication)
$'O@(E!E that where a reference has "een made to a %ri"unal under this su"*section-
it shall pass an award within a period of thirt# da#s from the date of such reference.
+<, 6here no application for permission under su"*section +1, is made- or where the
permission for an# retrenchment has "een refused- such retrenchment shall "e deemed
to "e illegal from the date on which the notice of retrenchment was given to the
wor8man and the wor8man shall "e entitled to all the "enefits under an# law for the time
"eing in force as if no notice had "een given to him.
+=, 4otwithstanding an#thing contained in the foregoing provisions of this section- the
appropriate government ma#- if it is satisfied that owing to such e.ceptional
circumstances as accident in the esta"lishment or death of the emplo#er or the li8e- it is
necessar# so to do- "# order- direct that the provisions of su"*section +1, shall not appl#
in relation to such esta"lishment for such period as ma# "e specified in the order.
+9, 6here permission for retrenchment has "een granted under su"*section +3, or
where permission for retrenchment is deemed to "e granted under su"*section +2,-
ever# wor8man who is emplo#ed in that esta"lishment immediatel# "efore the date of
application for permission under this section shall "e entitled to receive- at the time of
retrenchment- compensation which shall "e e5uivalent to fifteen da#sB average pa# for
ever# completed #ear of continuous service or an# part thereof in e.cess of si. months.]
10*E*,O. Pr2ce8<re 92r c62sin> 82Bn 1n <n8ert1=in>
+1, An emplo#er who intends to close down an underta8ing of an industrial
esta"lishment to which this 0hapter applies shall- in the prescri"ed manner- appl#- for
prior permission at least ninet# da#s "efore the date on which the intended closure is to
"ecome effective- to the appropriate government- stating clearl# the reasons for the
intended closure of the underta8ing and a cop# of such application shall also "e served
simultaneousl# on the representatives of the wor8men in the prescri"ed manner)
$'O@(E!E that nothing in this su"*section shall appl# to an underta8ing set up for the
construction of "uildings- "ridges- roads- canals- dams or for other construction wor8.
+2, 6here an application for permission has "een made under su"*section+l,-the
appropriate government- after ma8ing such en5uir# as it thin8s fit and after giving a
reasona"le opportunit# of "eing heard to the emplo#er- the wor8men and the persons
interested in such closure ma#- having regards to the- genuineness and ade5uac# of the
reasons stated "# the emplo#er- the interests of the general pu"lic and all other relevant
factors- "# order. and for reasons to "e recorded in writing- grant or refuse to grant such
permission and a cop# of such order shall "e communicated to the emplo#er and the
wor8men.
+3, 6here an application has "een made under su"*section +1, and the appropriate
government does not communicate the order granting or refusing to grant permission to
the emplo#er within a period of si.t# da#s from the date on which such application is
made- the permission applied for shall "e deemed to have "een granted on the
e.piration of the said period of si.t# da#s.
+2, An order of the appropriate government granting or refusing to grant permission
shall- su"9ect to the provisions of su"*section +5,- "e final and "inding on all the parties
and shall remain in force for one #ear from the date of such order.
+5, %he appropriate government ma#- either on its own motion or on the application
made "# the emplo#er or an# wor8man- review its order granting or refusing to grant
permission under su"*section +2, or refer the matter to a %ri"unal for ad9udication)
$'O@(E!E that where a reference has "een made to a %ri"unal under this su"*
section - it shall pass an award within a period of thirt# da#s from the date of such
reference.
+6, 6here no application for permission under su"*section +l, is made within the period
specified therein- or where the permission for closure has "een refused- the closure of
the underta8ing shall "e deemed to "e illegal from the date of closure and the wor8men
shall "e entitled to all the "enefits under an# law for the time "eing in force as if the
underta8ing had not "een closed down.
+<, 4otwithstanding an#thing contained in the foregoing provisions of this section- the
appropriate government ma#- if it is satisfied that owing to such e.ceptional
circumstances as accident in the underta8ing or death of the emplo#er or the li8e it is
necessar# so to do- "# order- direct that the provisions of su"*section +1, shall not appl#
in relation to such underta8ing for such period as ma# "e specified in the order.
+=, 6here an underta8ing is permitted to "e closed down under su"*section +2, or
where permission for closure is deemed to "e granted under su"*section +3,- ever#
wor8man who is emplo#ed in that underta8ing immediatel# "efore the date of
application for permission under this section- shall "e entitled to receive compensation
which shall "e e5uivalent to fifteen da#sK average pa# for ever# completed #ear of
continuous service or an# part thereof in e.cess of si. months.]25$. /pecial provision
as to restarting of underta8ings closed down "efore commencement of the (ndustrial
Eisputes +Amendment, Act- 19<6
(f the appropriate government is of opinion in respect of an# underta8ing of an industrial
esta"lishment to which this 0hapter applies and which closed down "efore the
commencement of the (ndustrial Eisputes +Amendment, Act- 19<6 +32 of 19<6,-*
+a, that such underta8ing was closed down otherwise than on account of unavoida"le
circumstances "e#ond the control of the emplo#er:
+", that there are possi"ilities of restarting the underta8ing:
+c, that is necessar# for the reha"ilitation of the wor8men emplo#ed in such underta8ing
"efore its closure or for the maintenance of supplies and services essential to the life of
the communit# to restart the underta8ing or "oth: and
+d, that the restarting of the underta8ing will not result in hardship to the emplo#er in
relation to the underta8ing-
it ma#- after giving an opportunit# to such emplo#er and wor8men- direct- "# order
pu"lished in the Official 7a;ette- that the underta8ing shall "e restarted within such time
+not "eing less than one month from the date of the order , as ma# "e specified in the
order.
*,3. Pen16t@ 92r 61@299 1n8 retrenc5;ent Bit52<t pre?i2<s per;issi2n
An# emplo#er who contravenes the provisions of section 25A or 123[G G G] section 254
shall "e punisha"le with imprisonment for a term which ma# e.tend to one month- or
with fine which ma# e.tend to one thousand rupees- or with "oth.
*,R. Pen16t@ 92r c62s<re
+1, An# emplo#er who closes down an underta8ing without compl#ing with the
provisions of su"*section +1, of section 25*O shall "e punisha"le with imprisonment for
a term which ma# e.tend to si. months or with fine which ma# e.tend to five thousand
rupees- or with "oth.
+2, An# emplo#er- who contravenes 1?2[an order refusing to grant permission to close
down an underta8ing under su"*section +2, of section 25*O or a direction given under
section 25$]- shall "e punisha"le with imprisonment for a term which ma# e.tend to one
#ear- or with fine which ma# e.tend to five thousand rupees- or with "oth- and where the
contravention is a continuing one- with a further fine which ma# e.tend to two thousand
rupees for ever# da# during which the contravention continues after the conviction.
122[G G G]
*,S. Cert1in pr2?isi2ns 29 C51pter "A t2 1pp6@ t2 1n in8<stri16 est1:6is5;ent t2
B5ic5 t5is C51pter 1pp6ies
%he provisions of sections 25- 25E- 25FF- 257- 25D and 25> in 0hapter @*A shall- so
far as ma# "e- appl# also in relation to an industrial esta"lishment to which the
provisions of this 0hapter appl#.
1&,ECHAPTER "C C %N#AIR LABO%R PRACTICES
*,T. Pr25i:iti2n 29 <n91ir 61:2<r pr1ctice
4o emplo#er or wor8man or a trade union- whether registered under the %rade Fnions
Act- 1926 +16 of 1926,- or not- shall commit an# unfair la"our practice.
*,%. Pen16t@ 92r c2;;ittin> <n91ir 61:2<r pr1ctices
An# person who commits an# unfair la"our practice shall "e punisha"le with
imprisonment for a term which ma# e.tend to si. months or with fine which ma# e.tend
to one thousand rupees or with "oth.]
CHAPTER "I
PENALTIES
*6. Pen16t@ 92r i66e>16 stri=es 1n8 L2c=2<ts
+1, An# wor8man who commences- continues or otherwise acts in furtherance of- a
stri8e which is illegal under this Act- shall "e punisha"le with imprisonment for a term
which ma# e.tend to one month- or with fine which ma# e.tend to fift# rupees- or with
"oth.
+2, An# emplo#er who commences- continues- or otherwise acts in furtherance of a
loc8*out which is illegal under this Act- shall "e punisha"le with imprisonment for a term
which ma# e.tend to one month- or with fine which ma# e.tend to one thousand rupees-
or with "oth.
*'. Pen16t@ 92r insti>1ti2n, etc.
An# person who instigates or incites others to ta8e part in- or otherwise acts in
furtherance of- a stri8e or loc8*out which is illegal under this Act- shall "e punisha"le
with imprisonment for a term which ma# e.tend to si. months- or with fine which ma#
e.tend to one thousand rupees- or with "oth.
*(. Pen16t@ 92r >i?in> 9in1nci16 1i8 t2 i66e>16 stri=es 1n8 L2c=2<ts
An# person who 8nowingl# e.pends or applies an# mone# in direct furtherance or
support of an# illegal stri8e or loc8*out shall "e punisha"le with imprisonment for a term
which ma# e.tend to si. months- or with fine which ma# e.tend to one thousand rupees-
or with "oth.
1&6E*9. Pen16t@ 92r :re1c5 29 sett6e;ent 2r 1B1r8
An# person who commits a "reach of an# term of an# settlement or award- which is
"inding on him under this Act- shall "e punisha"le with imprisonment for a term which
ma# e.tend to si. months- or with fine- or with "oth- 12<[and where the "reach is a
continuing one- with a further fine which ma# e.tend to two hundred rupees for ever#
da# during which the "reach continues after the conviction for the first] and the 0ourt
tr#ing the offence- if it fines the offender- ma# direct that the whole or an# part of the fine
realised from him shall "e paid- "# wa# of compensation- to an# person who- in its
opinion- has "een in9ured "# such "reach.]
!0. Pen16t@ 92r 8isc62sin> C2n9i8enti16 in92r;1ti2n
An# person who wilfull# discloses an# such information as is referred to in section 21 in
contravention of the provisions of that section shall- on complaint made "# or on "ehalf
of the trade union or individual "usiness affected- "e punisha"le with imprisonment for a
term which ma# e.tend to si. months- or with fine which ma# e.tend to one thousand
rupees- or with "oth.
132[3?A. $enalt# for closure without notice
An# emplo#er who closes down an# underta8ing without compl#ing with the provisions
of section 25FFA shall "e punisha"le with imprisonment for a term which ma# e.tend to
si. months- or with fine which ma# e.tend to five thousand rupees- or with "oth.]
!1. Pen16t@ 92r 2t5er 299ences
+1, An# emplo#er who contravenes the provisions of section 33 shall "e punisha"le with
imprisonment for a term which ma# e.tend to si. months- or with fine which ma# e.tend
to one thousand rupees- or with "oth-
+2, 6hoever contravenes an# of the provisions of this Act or an# rule made thereunder
shall- if no other penalt# is elsewhere provided "# or under this Act for such
contravention- "e punisha"le with fine which ma# e.tend to one hundred rupees.
CHAPTER "II
MISCELLANEO%S
!*. O99ence :@ c2;p1nies, etc.
6here a person committing an offence under this Act is a compan#- or other "od#
corporate- or an association of persons +whether incorporated or not,- ever# director-
manager- secretar#- agent or other officer or person concerned with the management
thereof shall- unless he proves that the offence was committed without his 8nowledge or
consent- "e deemed to "e guilt# of such offence.
1&(E!!. C2n8iti2ns 29 ser?ice, etc., t2 re;1in <nc51n>e8 <n8er cert1in
circ<;st1nces 8<rin> pen8enc@ 29 pr2cee8in>s
+1, Euring the pendenc# of an# conciliation proceeding "efore a conciliation officer or a
oard or of an# proceeding "efore 129[an ar"itrator or] a Ca"our 0ourt or %ri"unal or
4ational %ri"unal in respect of an industrial dispute- no emplo#er shall*
+a, in regard to an# matter connected with the dispute- alter- to the pre9udice of the
wor8men concerned in such dispute- the conditions of service applica"le to them
immediatel# "efore the commencement of such proceeding: or
+", for an# misconduct connected with the dispute- discharge or punish- whether "#
dismissal or otherwise- an# wor8men concerned in such dispute-
save with the e.press permission in writing of the authorit# "efore which the proceeding
is pending:
+2, Euring the pendenc# of an# such proceeding in respect of an industrial dispute- the
emplo#er ma#- in accordance with standing orders applica"le to a wor8man concerned
in such dispute 129[or- where there are no such standing orders- in accordance with the
terms of the contract- whether e.press or implied- "etween him and the wor8man]*
+a, alter- in regard to an# matter not connected with the dispute- the conditions of
service applica"le to that wor8man immediatel# "efore the commencement of such
proceeding: or
+", for an# misconduct not connected with the dispute- discharge or punish- whether "#
dismissal or otherwise- that wor8man)
$'O@(E!E that no such wor8man shall "e discharged or dismissed- unless he has
"een paid wages for one month and an application has "een made "# the emplo#er to
the authorit# "efore which the proceeding is pending for approval of the action ta8en "#
the emplo#er.
+3, 4otwithstanding an#thing contained in su"*section +2, no emplo#er shall- during the
pendenc# of an# such proceeding in respect of an industrial dispute- ta8e an# action
against an# protected wor8man concerned in such dispute*
+a, "# altering- to the pre9udice of such protected wor8man- the conditions of service
applica"le to him immediatel# "efore the commencement of such proceeding: or
+", "# discharging or punishing- whether "# dismissal or otherwise- such protected
wor8man- save with the e.press permission in writing of the authorit# "efore which the
proceeding is pending.
!.planation) For the purposes of this su"*section a 1protected wor8man1 in relation to
an esta"lishment- means a wor8man who- "eing 15?[a mem"er of the e.ecutive or
other office "earer] of a registered trade union connected with the esta"lishment- is
recognised as such in accordance with rules made in this "ehalf.
+2, (n ever# esta"lishment- the num"er of wor8men to "e recognised as protected
wor8men for the purposes of su"*section +3, shall "e one per cent of the total num"er of
wor8men emplo#ed therein su"9ect to a minimum num"er of five protected wor8men
and a ma.imum num"er of one hundred protected wor8men and for the aforesaid
purpose- the appropriate government ma# ma8e rules providing for the distri"ution of
such protected wor8men among various trade unions- if an#- connected with the
esta"lishment and the manner in which the wor8men ma# "e chosen and recognised as
protected wor8men.
+5, 6here an emplo#er ma8es an application to conciliation officer - oard- 1?<[an
ar"itrator- a Ca"our 0ourt- %ri"unal or 4ational %ri"unal under the proviso to su"*section
+2, for approval of the action ta8en "# him- the authorit# concerned shall- without dela#-
hear such application and pass- 1?2[within a period of three months from the date of
receipt of such application]- such order in relation thereto as it deems fit)]
125[$'O@(E!E that where an# such authorit# considers it necessar# or e.pedient so to
do- it ma#- for reasons to "e recorded in writing- e.tend such period "# such further
periods as it ma# thin8 fit)
$'O@(E!E FF'%D!' that no proceedings "efore an# such authorit# shall lapse
merel# on the ground that an# period specified in this su"*section had e.pired without
such proceedings "eing completed.]
151[33A. /pecial provision for ad9udication as to whether conditions of service- etc-
changed during pendenc# of proceedings
6here an emplo#er contravenes the provisions of section 33 during the pendenc# of
proceedings 1?2["efore a conciliation officer- oard- an ar"itrator- Ca"our 0ourt-
%ri"unal or 4ational %ri"unal] an# emplo#ee aggrieved "# such contravention- ma#
ma8e a complaint in writing 152[in the prescri"ed manner*
+a, to such conciliation officer or oard- and the conciliation officer or oard shall ta8e
such complaint into account in mediating in- and promoting the settlement of- such
industrial dispute: and
+", to such ar"itrator- Ca"our 0ourt- %ri"unal or 4ational %ri"unal and on receipt of such
complaint- the ar"itrator- Ca"our 0ourt- %ri"unal or 4ational %ri"unal- as the case ma#
"e- shall ad9udicate upon the complaint as if it were a dispute referred to or pending
"efore it- in accordance with the provisions of this Act and shall su"mit his or its award
to the appropriate government and the provisions of this Act shall appl# accordingl#.]
1?9[33. $ower to transfer certain proceedings
+1, %he appropriate government ma#- "# order in writing and for reasons to "e stated
therein- withdraw an# proceeding under this Act pending "efore a Ca"our 0ourt-
%ri"unal or 4ational %ri"unal and transfer the same to another Ca"our 0ourt- %ri"unal or
4ational %ri"unal- as the case ma# "e- for the disposal of the proceeding and the
Ca"our 0ourt- %ri"unal or 4ational %ri"unal to which the proceedings is so transferred
ma#- su"9ect to special directions in the order of transfer- proceed either de novo or from
the stage at which it was so transferred)
$'O@(E!E that where a proceeding under section 33 or section 33A is pending "efore
a %ri"unal or 4ational %ri"unal- the proceeding ma# also "e transferred to a Ca"our
0ourt.
+2, 6ithout pre9udice to the provisions of su"*section +1,- an# %ri"unal or 4ational
%ri"unal- if so authorised "# the appropriate government- ma# transfer an# proceeding
under section 33 or section 33A pending "efore it to an# one of the Ca"our 0ourts
specified for the disposal of such proceedings "# the appropriate government "#
notification in the Official 7a;ette and the Ca"our 0ourt to which the proceedings is so
transferred shall dispose of the same.
153[330. 'ecover# of mone# due from an emplo#er
+1, 6here an# mone# is due to a wor8man from an emplo#er under a settlement or an
award or under the provisions of 152[0hapter @A or 0hapter @] the wor8man himself
or an# other person authorised "# him in writing in this "ehalf- or- in the case of the
death of the wor8man- his assignee or heirs ma#- without pre9udice to an# other mode of
recover#- ma8e an application to the appropriate government for the recover# of the
mone# due to him- and if the appropriate government is satisfied that an# mone# is so
due- it shall issue a certificate for that amount to the 0ollector who shall proceed to
recover the same in the same manner as an arrear of land revenue)
$'O@(E!E that ever# such application shall "e made within one #ear from the date on
which the mone# "ecame due to the wor8man from the emplo#er)
$'O@(E!E FF'%D!' that an# such application ma# "e entertained after the e.pir# of
the said period of one #ear- if the appropriate government is satisfied that the applicant
had sufficient cause for not ma8ing the application with in the said period.
+2, 6here an# wor8man is entitled to receive from the emplo#er an# mone# or an#
"enefit which is capa"le of "eing computed in terms of mone# and if an# 5uestion arises
as to the amount of mone# due or as to the amount at which such "enefit should "e
computed- then the 5uestion ma#- su"9ect to an# rules that ma# "e made under this Act-
"e decided "# such Ca"our 0ourt as ma# "e specified in this "ehalf "# the appropriate
government 116[within a period not e.ceeding three months)]
1?3[$'O@(E!E that where the presiding officer of a Ca"our 0ourt considers it
necessar# or e.pedient so to do- he ma#- for reasons to "e recorded in writing- e.tend
such period "# such further period as he ma# thin8 fit.]
+3, For the purposes of computing the mone# value of a "enefit- the Ca"our 0ourt ma#-
if it so thin8s fit- appoint a 0ommissioner who shall- after ta8ing such evidence as ma#
"e necessar#- su"mit a report to the Ca"our 0ourt and the Ca"our 0ourt shall determine
the amount after considering the report of the 0ommissioner and other circumstances of
the case.
+2, %he decision of the Ca"our 0ourt shall "e forwarded "# it to the appropriate
government and an# amount found due "# the Ca"our 0ourt ma# "e recovered in the
manner provided for in su"*section +1,.
+5, 6here wor8men emplo#ed under the same emplo#er are entitled to receive from
him an# mone# or an# "enefit capa"le of "eing computed in terms of mone#- then-
su"9ect to such rules as ma# "e made in this "ehalf- a single application for the recover#
of the amount due ma# "e made on "ehalf of or in respect of an# num"er of such
wor8men.
!.planation) (n this section 1Ca"our 0ourt1 includes an# court constituted under an# law
relating to investigation and settlement of industrial disputes in force in an# /tate. ]
!&. C2>niH1nce 29 299ences
+1, 4o court shall ta8e cogni;ance of an# offence punisha"le under this Act or of the
a"etment of an# such offence- save on complaint made "# or under the authorit# of the
appropriate government.
+2, 4o court inferior to that of 1?2[a Aetropolitan Aagistrate or a >udicial Aagistrate of
the first class] shall tr# an# offence punisha"le under this Act.
!,. Pr2tecti2n 29 pers2ns
+1, 4o person refusing to ta8e part or to continue to ta8e part in an# stri8e or loc8*out
which is illegal under this Act shall- "# reason of such refusal or "# reason of an# action
ta8en "# him under this section- "e su"9ect to e.pulsion from an# trade union or societ#-
or to an# fine or penalt#- or to deprivation of an# right or "enefit to which he or his legal
representatives would otherwise "e entitled- or "e lia"le to "e placed in an# respect-
either directl# or indirectl#- under an# disa"ilit# or at an# disadvantage as compared with
other mem"ers of the union or societ#- an#thing to the contrar# in rules of a trade union
or societ# notwithstanding.
+2, 4othing in the rules of a trade union or societ# re5uiring the settlement of dispute in
an# manner shall appl# to an# proceeding for enforcing an# right or e.emption secured
"# this section- and in an# such proceeding the 0ivil 0ourt ma#- in lieu of ordering a
person who has "een e.pelled from mem"ership of a trade union or societ# to "e
restored to mem"ership- order that he "e paid out of the funds of the trade union or
societ# such sum "# wa# of compensation or damages as that 0ourt thin8s 9ust.
1,,E!6. Represent1ti2n 29 p1rties
+1, A wor8man who is a part# to a dispute shall "e entitled to "e represented in an#
proceeding under this Act "#*
+a, 12<[an# mem"er of the e.ecutive or other office "earer] of a registered trade union
of which he is a mem"er:
+", 11<[an# mem"er of the e.ecutive or other office "earer] of a federation of trade
unions to which the trade union referred to in clause +a, is affiliated:
+c, where the wor8er is not a mem"er of an# trade union "# 11<[an# mem"er of the
e.ecutive or other office "earer] of an# trade union connected with- or "# an# other
wor8man emplo#ed in the industr# in which the wor8er is emplo#ed and authorised in
such manner as ma# "e prescri"ed.
+2, An emplo#er who is a part# to a dispute shall "e entitled to "e represented in an#
proceeding under this Act "#*
+a, an officer of an association of emplo#er of which he is a mem"er:
+", an officer of a federation of associations of emplo#ers to which the association
referred to in clause +a, is- affiliated:
+c, where the emplo#er is not a mem"er of an# association of emplo#ers- "# an officer
of an# association of emplo#ers connected with- or "# an# other emplo#er engaged in-
the industr# in which the emplo#er is engaged and authorised in such manner as ma#
"e prescri"ed.
+3, 4o part# to a dispute shall "e entitled to "e represented "# a legal practitioner in an#
conciliation proceedings under this Act or in an# proceedings "efore a 0ourt.
+2, (n an# proceeding11<["efore a Ca"our 0ourt- %ri"unal or 4ational %ri"unal]- a part#
to a dispute ma# "e represented "# a legal practitioner with the consent of the other
parties to the proceeding and 156[with the leave of the Ca"our 0ourt- %ri"unal or
4ational %ri"unal- as the case ma# "e.]
1?9[36A. $ower to remove difficulties
+1, (f- in the opinion of the appropriate government- an# difficult# or dou"t arises as to
the interpretation of an# provision of an award or settlement- it ma# refer the 5uestion to
such Ca"our 0ourt- %ri"unal or 4ational %ri"unal as it ma# thin8 fit.
+2, %he Ca"our 0ourt- %ri"unal or 4ational %ri"unal to which such 5uestion is referred
shall- after giving the parties an opportunit# of "eing heard- decide such 5uestion and its
decision shall "e final and "inding on all such parties.]
116[36. $ower to e.empt
6here the appropriate government is satisfied in relation to an# industrial esta"lishment
or underta8ing or an# class of industrial esta"lishments or underta8ings carried on "# a
department of that government that ade5uate provisions e.ist for the investigation and
settlement of industrial disputes in respect of wor8men emplo#ed in such esta"lishment
or underta8ing or class of esta"lishments or underta8ings- it ma#- "# notification in the
Official 7a;ette- e.empt- conditionall# or unconditionall# such esta"lishment or
underta8ing or- class of esta"lishments or underta8ings from all or an# of the provisions
of this Act.]
!'. Pr2tecti2n 29 1cti2n t1=en <n8er t5e Act
4o suit- prosecution or other legal proceeding shall lie against an# person for an#thing
which is in good faith done or intended to "e done in pursuance of this Act or an# rules
made thereunder.
1,'E!(. P2Ber t2 ;1=e r<6es
+1, %he appropriate government ma#- su"9ect to the condition of previous pu"lication-
ma8e rules for the purpose of giving effect to the provisions of this Act.
+2, (n particular and without pre9udice to the generalit# of the foregoing power- such
rules ma# provide for all or an# of the following matters- namel#)*
+a, the powers and procedure of conciliation officer- oard- 0ourt- 15=[Ca"our 0ourts-
%ri"unals and 4ational %ri"unals] including rules as to the summoning of witnesses- the
production of documents relevant to the su"9ect*matter of an in5uir# or investigation- the
num"er of mem"ers necessar# to form a 5uorum and the manner of su"mission of
reports and awards:
1?9[+aa, the form of ar"itration agreement- the manner in which it ma#"e signed "# the
parties 1?<[the manner in which a notification ma# "e issued under su"*section +3A, of
section 1?A-] the powers of the ar"itrator named in the ar"itration agreement and the
procedure to "e followed "# him:
+aaa, the appointment of assessors in proceedings under this Act:]
+", the constitution and functions of and the filling of vacancies in 6or8s 0ommittees-
and the procedure to "e followed "# such 0ommittees in the discharge of their duties:
+c, the allowances admissi"le to mem"ers of 0ourts 159[and oards and presiding
officers of Ca"our 0ourts- %ri"unals and 4ational %ri"unals] and to assessors and
witnesses:
+d, the ministerial esta"lishment which ma# "e allotted to a 0ourt- oard- 11<[Ca"our
0ourt- %ri"unal or 4ational %ri"unal] and the salaries and allowances pa#a"le to
mem"ers of such esta"lishments:
+e, the manner in which and the person "# and to whom notice of stri8e or loc8*out ma#
"e given and the manner in which such notice shall "e communicated:
+f , the conditions su"9ect to which parties ma# "e represented "# legal practitioners in
proceedings under this Act "efore a 0ourt- 11<[Ca"our 0ourt- %ri"unal or 4ational
%ri"unal]:
+g, an# other matter which is to "e or ma# "e prescri"ed.
+3, 'ules made under this section ma# provide that a contravention thereof shall "e
punisha"le with fine not e.ceeding fift# rupees.
1?9[+2, All rules made under this section shall- as soon as possi"le after the# are made-
"e laid "efore the /tate Cegislature or- where the appropriate government is the 0entral
7overnment- "efore "oth Douses of $arliament.]
1?<[ +5, !ver# rules made "# the 0entral 7overnment under this section shall "e laid-
as soon as ma# "e after it is made "efore each Douse of $arliament while it is in
session for a total period of thirt# da#s which ma# "e comprised in one session or in
16?[two or more successive sessions- and if- "efore the e.pir# of the session
immediatel# following the session or the successive sessions aforesaid] "oth Douses
agree in ma8ing an# modification in the rule- or "oth Douses agree that the rule should
not "e made- the rule shall thereafter have effect onl# in such modified form or "e of no
effect- as the case ma# "e: so however- that an# such modification or annulment shall
"e without pre9udice to the validit# of an#thing previousl# done under that rule.]
1&6E!9. De6e>1ti2n 29 p2Bers
%he appropriate government ma#- "# notification in the Official 7a;ette- direct that an#
power e.ercisa"le "# it under this Act or rules made thereunder shall- in relation to such
matters and su"9ect to such conditions- if an#- as ma# "e specified in the direction- "e
e.ercisa"le also-*
+a, where the appropriate government is the 0entral 7overnment- "# such officer or
authorit# su"ordinate to the 0entral 7overnment or "# the /tate 7overnment- or "#
such officer or authorit# su"ordinate to the /tate 7overnment- as ma# "e specified in
the notification: and
+", where the appropriate government is a /tate 7overnment- "# such officer or
authorit# su"ordinate to the /tate 7overnment as ma# "e specified in the notification.]
161E&0. P2Ber t2 1;en8 Sc5e8<6es
+1, %he appropriate government ma#- if it is of opinion that it is e.pedient or necessar#
in the pu"lic interest so to do- "# notification in the Official 7a;ette- add to the First
/chedule an# industr#- and on an# such notification "eing issued- the First /chedule
shall "e deemed to "e amended accordingl#.
+2, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- add to or alter or
amend the /econd /chedule or the %hird /chedule and on an# such notification "eing
issued- the /econd /chedule or the %hird /chedule- as the case ma# "e- shall "e
deemed to "e amended accordingl#.
+3, !ver# such notification shall-as soon as possi"le after it is issued- - "e laid "efore the
Cegislature of the /tate- if the notification has "een issued "# a /tate 7overnment- or
"efore $arliament- if the notification has "een issued "# the 0entral 7overnment.]
16*ETHE #IRST SCHED%LE C IND%STRIES +HICH MA) BE DECLARED TO BE
P%BLIC %TILIT) SER"ICES %NDER S%BCLA%SE F"I4 O# CLA%SE FN4 O#
SECTION *
[/ection 2+n,+vi,]
1. %ransport +other than railwa#s, for the carriage of passengers or goods- 163["# land
or water].
2. an8ing.
3. 0ement.
2. 0oal.
5. 0otton te.tiles
6. Foodstuffs
<. (ron and /teel.
=. Eefence esta"lishments.
9. /ervice in hospitals and dispensaries.
1?.Fire rigade /ervice.
162[11. (ndia 7overnment Aints.
12. (ndia /ecurit# $ress.
13. 0opper Aining.
12. Cead Aining.
15 Linc Aining
16. (ron Ore Aining.
1<. /ervice in an# oilfield.
165[G GG ]
19. /ervice in the Franium (ndustr#.
2?. $#rites Aining (ndustr#.
21. /ecurit# $aper Aill- Doshanga"ad.]]
162[22. /ervice in the an8 4ote $ress- Eewas.
23.$hosphorite Aining.
22. Aagnesite Aining.
25. 0urrenc# 4ote $ress.
26. Aanufacture or production of mineral oil +crude oil,- motor and aviation spirit- diesel
oil- 8erosene oil- fuel oil- diverse h#drocar"on oils and their "lends including s#nthetic
fuels- lu"ricating oils and the li8e.
2<. /ervice in the (nternational Airports Authorit# of (ndia.]
166[2=. (ndustrial esta"lishment- manufacturing or producing nuclear fuel and
components- heav# water and allied chemicals- and atomic energ#.]
THE SECOND SCHED%LE C MATTERS +ITHIN THE /%RISDICTION O# LABO%R
CO%RTS
+/ection <,
1. %he propriet# or legalit# of an order passed "# an emplo#er under the standing
orders:
2. %he application and interpretation of standing orders:
3. Eischarge or dismissal of wor8men including reinstatement of- or grant of relief to-
wor8men wrongfull# dismissed:
2. 6ithdrawal of an# customar# concession or privilege:
5. (llegalit# or otherwise of a stri8e or loc8*out: and
6. All matters other than those specified in the %hird /chedule.
THE THIRD SCHED%LE C MATTERS +ITHIN THE /%RISDICTION O# IND%STRIAL
TRIB%NALS
+/ection <A,
1. 6ages- including the period and mode of pa#ment:
2. 0ompensator# and other allowances:
3. Dours of wor8 and rest intervals:
2. Ceave with wages and holida#s:
5. onus- profit sharing- provident fund and gratuit#:
6. /hift wor8ing otherwise than in accordance with standing orders:
<. 0lassification "# grades:
=. 'ules of discipline:
9. 'ationalisation:
1?. 'etrenchment of wor8men and closure of esta"lishment: and
11. An# other matter that ma# "e prescri"ed.
THE #O%RTH SCHED%LE C CONDITIONS O# SER"ICE #OR CHAN$E O# +HICH
NOTICE IS TO BE $I"EN
+/ection 9A,
1. 6ages- including the period and mode of pa#ment:
2. 0ontri"ution paid- or pa#a"le- "# the emplo#er to an# provident fund or pension fund
or for the "enefit of the wor8men under an# law for the time "eing in force:
3. 0ompensator# and other allowances:
2. Dours of wor8 and rest intervals:
5. Ceave with wages and holida#s:
6. /tarting- alteration or discontinuance of shift wor8ing otherwise than in accordance
with standing orders:
<. 0lassification "# grades:
=. 6ithdrawal of an# customar# concession or privilege or change in usage.
9. (ntroduction of new rules of discipline- or alteration of e.isting rules- e.cept in so far
as the# are provided in standing orders:
1?.'ationalisation- standardi;ation or improvement of plant or techni5ue which is li8el#
to lead to retrenchment of wor8men:
11. An# increase or reduction +other than casual, in the num"er of persons emplo#ed or
to "e emplo#ed in an# occupation or process or department or shift- 16<[not occasioned
"# circumstances over which the emplo#er has no control].
16(ETHE #I#TH SCHED%LE C%N#AIR LABO%R PRACTICES
[/ection 2+ra,]
(. O4 %D! $A'% OF !A$CO&!'/ A4E %'AE! F4(O4/ OF !A$CO&!'/
+1, %o interfere with- restrain from- or coerce- wor8men in the e.ercise of their right to
organise- form- 9oin or assist a trade union or to engage in concerted activities for the
purposes of collective "argaining or other mutual aid or protection- that is to sa#.*
+a, threatening wor8men with discharge or dismissal- if the# 9oin a trade union:
+", threatening a loc8*out or closure- if a trade union is organised:
+c, granting wage increase to wor8men at crucial periods of trade union organisation-
with a view to undermining the efforts of the trade union at organisation.
+2, %o dominate- interfere with or contri"ute support- financial or otherwise- to an# trade
union- that is to sa#-
+a, an emplo#er ta8ing an active interest in organising a trade union of his wor8men:
and
+", an emplo#er showing partialit# or granting favour to one of several trade unions
attempting to organise his wor8men or to its mem"ers- where such a trade union is not
a recognised trade union.
+3, %o esta"lish emplo#er sponsored trade unions of wor8men.
+2, %o encourage or discourage mem"ership in an# trade union "# discriminating
against an# wor8man- that is to sa#-
+a, discharging or punishing a wor8man- "ecause he urged other wor8men to 9oin or
organise a trade union:
+", discharging or dismissing a wor8man for ta8ing part in an# stri8e +not "eing a stri8e
which is deemed to "e an illegal stri8e under this Act,:
+c, changing seniorit# rating or wor8men "ecause of trade union activities:
+d, refusing to promote wor8men of higher posts on account of their trade union
activities:
+e, giving unmerited promotions to certain wor8men with a view to creating discord
amongst other wor8men- or to undermine the strength of their trade union:
+f, discharging office*"earers or active mem"ers of the trade union on account of their
trade union activities.
+5, %o discharge or dismiss wor8men*
+a, "# wa# of victimisation:
+", not in good faith- "ut in the coloura"le e.ercise of the emplo#erKs rights: +c, "# falsel#
implicating a wor8man in a criminal case on false evidence or on concocted evidence:
+d, for patentl# false reasons:
+e, on untrue or trumped up allegations of a"sence without leave:
+f, in utter disregard of the principles of natural 9ustice in the conduct of domestic
en5uir# or with undue haste:
+g, for misconduct of a minor technical character- without having an# regard to the
nature of the particular misconduct or the past record or service of the wor8man-
there"# leading to a disproportionate punishment.
+6, %o a"olish the wor8 of a regular nature "eing done "# wor8men- and to give such
wor8 to contractors as a measure of "rea8ing a stri8e.
+<, %o transfer a wor8man mala fide from one place to another- under the guise of
following management polic#.
+=, %o insist upon individual wor8men- who are on a legal stri8e to sign a good conduct
"ond- as a precondition to allowing them to resume wor8.
+9, %o show favouritism or partialit# to one set of wor8ers regardless of merit.
+1?, %o emplo# wor8men as 1"adlis1- casuals or temporaries and to continue them as
such for #ears- with the o"9ect of depriving them of the status and privileges of
permanent wor8men.
+11, %o discharge or discriminate against an# wor8man for filing charges or testif#ing
against an emplo#er in an# en5uir# or proceeding relating to an# industrial dispute.
+12, %o recruit wor8man during a stri8e which is not an illegal stri8e.
+13, Failure to implement award- settlement or agreement.
+12, %o indulge in acts of force or violence.
+15, %o refuse to "argain collectivel#- in good faith with the recognised trade unions.
+16, $roposing or continuing a loc8*out deemed to "e illegal under this Act.
((. O4 %D! $A'% OF 6O'HA!4 A4E %'AE! F4(O4/ OF 6O'HA!4
+1, %o advise or activel# support or instigate an# stri8e deemed to "e illegal under this
Act.
+2, %o coerce wor8men in the e.ercise of their right to self*organisation or to 9oin a trade
union or refrain from- 9oining an# trade union- that is to sa#*
+a, for a trade union or its mem"ers to pic8eting in such a manner that non*stri8ing
wor8men are ph#sicall# de"arred from entering the wor8 places:
+", to indulge in acts of force or violence or to hold out threats of intimidation in
connection with a stri8e against non*stri8ing wor8men or against managerial staff.
+3, For a recognised union to refuse to "argain collectivel# in good faith with the
emplo#er.
+2, %o indulge in coercive activities against certification of a "argaining representative.
+5, %o stage- encourage or instigate such forms of coercive actions as wilful- -1go*slow1-
s5uatting on the wor8 premises after wor8ing hours or 1gherao1 of an# of the mem"ers
of the managerial or other staff.
+6, %o stage demonstrations at the residence of the emplo#ers or the managerial staff
mem"ers.
+<, %o incite or indulge in wilful damage to emplo#erKs propert# connected with the
industr#. +=, %o indulge in acts of force or violence or to hold out threats of intimidation
against an# wor8man with a view to prevent him from attending wor8.]
#OOT NOTES
1 /u"stituted "# Act 4o. 36 of 1956- for the former su"*section w.e.f. 29th. August-
1956.
2 $roviso omitted "# Act 4o. 51 of 19<?- section 2 and /chedule w.e.f. 1st. /eptem"er-
19<1.
3 0ertain words and figures inserted "# Act 4o. 1? of 1963- section 2< and /chedule ((-
have "een omitted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
2 %he words 1"# the Federal 'ailwa# Authorit#1 omitted "# A.O. 192=.
5 (nserted "# Act 4o. 65 of 1951.
6 %he words 1operating a Federal 'ailwa#1 omitted "# A.O. 195?.
< (nserted "# Act of 1961- w.e.f. 1st. >anuar#- 1962.
= /u"stituted "# Act 4o. 36 of 1962- for the words 1the Eeposit (nsurance 0orporation
esta"lished1 w.e.f. 19th. Eecem"er- 1962.
9 /u"stituted "# Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
1? /u"stituted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
11 /u"stituted for the words 1(ndustrial Finance 0orporation of (ndia esta"lished under
section 3 of the (ndustrial Finance 0orporation Act- 192=1 "# the (ndustrial Eisputes
+Amendment, Act- 1996- w.r.e.f. 11*1?*1995.
12 %he words and figures 1or the (ndian Airlines and Air (ndia 0orporations esta"lished
under section 3 of the Air 0orporations Act- 19531 omitted "# (ndustrial Eisputes
+Amendment, Act- 1996- w.e.f. 11*1?*1995.
13 /u"stituted forwards and figures Bthe Oil and 4atural 7as 0ommission esta"lished
under section 3 of the Oil and 4atural 7as 0ommission Act- 19591- i"id.
12 /u"stituted for the words and figures Bthe (nternational Airports Authorit# of (ndia
constituted under section 3 of the (nternational Airports Authorit# Act- 19<1 1- i"id.
15 (nserted "# Act 4o. 53 of 19=<- w.e.f. 9*<*19==.
16 /u"stituted "# Act 4o. 52 of 1959- for the words 1a mine- oil*field1.
1< /u"stituted for the words 1a "an8ing or an insurance compan#1 "# the (ndustrial
Eisputes +Amendment, Act- 1996- w.e.f. 11*1?*1995.
1= (nserted "# Act 4o. 36 of 1962- w.e.f 19th. Eecem"er- 1962.
19 (nserted "# Act 4o. 23 of 1953-w.e.f. 22*1?*1953.
2? 0lause +aa, re*lettered as clause +aaa, "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er-
1962.
21 /u"stituted "# Act 4o. 36 of 1956- section 3- w.e.f. 1?th. August- 195<.
22 /u"stituted "# Act 4o. 3=-1959- section 62 and /chedule (((- $at.((- for clause +"",-
which was inserted "# Act 4o. 52 of 1929- section 3.
23 /ee now the an8ing 'egulation Act- 1929.
22 (nserted "# Act 4o. 2= of 19=1- w.e.f. 1*1 *19=2.
25 (nserted "# Act 4o. 62 of 19=2- w.e.f. 2?th. August- 19=5.
26 (nserted "# Act 4o. 1= of 1962- w.e.f. 1st. >ul#- 1962.
2< /u"stituted "# Act 4o. 5 of 19<?- for the words 1and an# su"sidiar# "an81 w.e.f. 19th.
>ul#- 1969.
2= /u"stituted "# Act 4o. 2? of 19=?- w.e.f. 15th. April- 19=?.
29 (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
3? 0lause +eee, omitted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
31 /u"stituted "# Act of 192=- for the words 1a 7overnment in ritish (ndia1.
32 (nserted "# the Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
33 0lause +h, omitted "# the Act of 195?.
32 (nserted "# Act 4o. 1= of 1952.
35 On the enforcement of clause +c, of section 2 of Act 4o. 26 of 19=2- clause +9, of
section 2 shall stand su"stituted as directed in clause +c, of that Act- as reproduced
"elow)
+9, 1industr#1 means an# s#stematic activit# carried on "# co*operation "etween an
emplo#er and his wor8men +whether such wor8men are emplo#ed "# such emplo#er
directl# or "# or through an# agenc#- including a contractor, for the production- suppl# or
distri"ution of goods or services with a view to satisf# human wants or wishes +not "eing
wants or wishes which are merel# spiritual or religious in nature,- whether or not-
+i, an# capital has "een invested for the purpose of carr#ing on such activit#: or
+ii, such activit# is carried on with a motive to ma8e an# gain or profit- and includes*
+a, an# activit# of the Eoc8 Ca"our oard esta"lished under section 5A of the Eoc8
6or8ers +'egulation of !mplo#ment, Act- 192= +9 of 1929,:
+", an# activit# relating to the promotion of sales or "usiness or "oth carried on "# an
esta"lishment:
"ut does not include*
+1, an# agricultural operation e.cept where. such agricultural operation is carried on in
an integrated manner with an# other activit# +"eing an# such activit# as is referred to in
the foregoing provisions of this clause, and such other activit# is the predominant one.
!.planation) For the purposes of this su"*clause- 1agricultural operation1 does not
include an# activit# carried on in a plantation as defined in clause +f, of section 2 of the
$lantations Ca"our Act- 1951 +69 of 1951,: or
+2, hospitals or dispensaries: or
+3, educational- scientific- research or training institutions: or
+2, institutions owned or managed "# organisations wholl# or su"stantiall# engaged in
an# charita"le- social or philanthropic service: or
+5, Hhadi or village industries: or
+6, an# activit# of the government relia"le to the sovereign functions of the government
including all the activities carried on "# the departments of the 0entral 7overnment
dealing with defence research- atomic energ# and space: or
+<, an# domestic service: or
+=, an# activit#- "eing a profession practised "# an individual or "od# of individuals- if
the num"er of persons emplo#ed "# the individuals or "od# of individuals in relation to
such profession is less than ten: or
+9, an# activit#- "eing an activit# carried on "# a co*operative societ# or a clu" or an#
other li8e "od# of individuals- if the num"er of persons emplo#ed "# the co*operative
societ#- clu" or other li8e "od# of individuals in relation to such activit# is less than ten:
36 (nserted "# Act 4o. 52 of 1929.
3< 0lause +88a, re*lettered as clause +88", and clause +88a, inserted "# Act 4o. 26 of
19=2- w.e.f. 21st. August- 19=2.
3= (nserted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
39 /u"stituted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
2? (nserted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
21 (nserted "# Amendment Act of 19<1- w.e.f. 15th. Eecem"er- 19<1.
22 /u"stituted "# Act 4o. 36 of 1962- for the word 1/chedule1 w.e.f. 19th. Eecem"er-
1962.
23 (nserted "# Act 4o. 29 of 19=2- w.e.f. 1=th. August- 19=2.
22 /u"stituted "# Act 4o. 36 of 1956 w.e.f. <th. Octo"er- 1956.
25 (nserted "# Act 4o. 35 of 1965- w.e.f. 1st. Eecem"er- 1965.
26 (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
2< /u"stituted "# Act 4o. 1= of 195<- for clause +r, w.e.f. 1?th. August- 195<.
2= (nserted "# Act 4o. 23 of 1953- w.e.f. 22th. Octo"er- 1953.
29 /u"stituted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
5? (nserted "# Act 4o. 35 of 1965- w.e.f. 1st. Eecem"er- 1965.
51 /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
52 (nserted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
53 0lause +c, omitted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
52 0lause +a, and +", relettered as +d, and +e, respectivel# "# Act 4o. 36 of 1962- w.e.f
15th. Eecem"er- 1962.
55 (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
56 (nserted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
5< %he word 1or1 and clause +", omitted "# Act 4o. 26 of 19=2- w.e.f. 21st. August-
19=2.
5= /u"stituted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
59 /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
6? (nserted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
61 /u"stituted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
62 On the enforcement of section <of Act 4o. 26 of 19=2- a new 0hapter (( shall stand
inserted as directed in section < of that Act- as reproduced "elow)
10DA$%!' (( ) '!F!'!40! OF 0!'%A(4 (4E(@(EFAC E(/$F%!/ %O 7'(!@A40!
/!%%C!A!4% AF%DO'(%(!/
90. /etting up of 7rievance /ettlement Authorities and reference of certain individual
disputes to such authorities
+1, %he emplo#er in relation to ever# industrial esta"lishment in which fift# or more
wor8men are emplo#ed or have "een emplo#ed on an# da# in the preceding twelve
months- shall provide for- in accordance with the rules made in that "ehalf under this
Act- a 7rievance /ettlement Authorit# for the settlement of industrial disputes connected
with an individual wor8man emplo#ed in the esta"lishment.
+2, 6here an industrial dispute connected with an individual wor8man arises in an
esta"lishment referred to in su"*section +1,- a wor8man or an# trade union of wor8men
of which such wor8man is a mem"er- refer- in such manner as ma# "e prescri"ed- such
dispute to the 7rievance /ettlement Authorit# provided for "# the emplo#er under that
su"*section for settlement.
+3,%he 7rievance /ettlement Authorit# referred to in su"*section +1, shall follow such
procedure and complete its proceedings within such period as ma# "e prescri"ed.
+2, 4o reference shall "e made under 0hapter ((( with respect to an# dispute referred to
in this section unless such dispute has "een referred to the 7rievance /ettlement
Authorit# concerned and the decision of the 7rievance /ettlement Authorit# is not
accepta"le to an# of the parties to the dispute.1
63 /u"stituted "# Act 4o. 1= of 1952- for the words 1if an# industrial dispute e.ists or is
apprehended- the appropriate government ma#1.
62 /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
65 /u"stituted "# Act 4o. 36 of 1956- for the words 1$rovided that1 w.e.f. 1?th. August-
195<.
66 (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
6< (nserted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
6= /u"stituted for the words Bor %ri"unalB "# Act 4o. 36 of 1956- w.e.f. 1?th. August-
195<.
69 /u"stituted "# Act 4o. 36 of 1956- for B%ri"unalB w.e.f. 1?th. August- 195<.
<? (nserted "# Act 4o. 36 of l956- w.e.f.1?th. August- 195<.
<1 (nserted "# Act 4o. 36 of 1962- w.e.f. 15th. Eecem"er- 1962.
<2 /u"stituted- i"id- 1fourteen da#s1 w.e.f. 19th. Eecem"er- 1962.
<3 /u"stituted "# Act 4o. 36 of 1956- for su"*section +1, w.e.f 1?th. August- 195<.
<2 /u"stituted- i"id- for the words 10ourt or %ri"unal1 w.e.f. 1?th. August- 195<.
<5 /u"stituted "# Act 4o. 36 of 1956- for the words 1and %ri"unal1 w.e.f. 1?th. August-
195<.
<6 /u"stituted- i"id- for the words 1or %ri"unal1 w.e.f. 1?th. August- 195<.
<< /u"stituted "# Act 4o. 26 of 19=2- for certain words w.e.f. 21st. August- 19=2.
<= (nserted "# Act 4o. 36 of 1956- w.e.f. 1<th. /eptem"er- 1956.
<9 /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. August- 195<.
=? (nserted "# Act 4o. 2= of 195?.
=1 /u"stituted "# Act 4o. 36 of 1956- for the words 1%ri"unal1 w.e.f. 1?th. August- 195<.
=2 /u"stituted "# Act 4o. 26 of 19=2- for certain words and figures w.e.f. 21st. August-
19=2.
=3 (nserted "# Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
=2 (nserted "# Act 4o. 35 of 1965- w.e.f. 1st. Eecem"er- 1965.
=5 /u"stituted "# Act 4o. 36 of 1956- for the words 1or %ri"unal1 w.e.f. 1?th. August-
195<.
=6 /u"stituted "# Act 4o. 36 of 1956- for the words 1%ri"unal1 w.e.f. 1?th. August- 195<.
=< /u"stituted "# Act 4o. 2? of 1951- for the words 1of the notice under section 221.


1?1 /u"stituted "# Act 4o. 36 of 1956- for sections 15-16-1< and 1<A- w.e.f. 1?th.
Aarch- 195<.
1?2 /u"stituted "# Act 4o. 26 of- 19=2- w.e.f. 21st. August- 19=2.
1?3 (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
1?2 (nserted "# Act 4o. 36 of 1956- w.e.f. <th. Octo"er- 1956.
1?5 /u"stituted for the words 1An ar"itration Award1 "# Act 4o. 36 of 1962- w.e.f. 19th.
Eecem"er- 1962
1?6 /ection 1= re*num"ered as su"*section +3, thereof "# Act 4o. 36 of 1956- w.e.f. <th.
Octo"er- 1956
1?< (nserted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
1?= /u"stituted "# Act 4o. 2= of 195?- for the words- "rac8ets and figures 1an award
which is declared "# the appropriate government to "e "inding under su"*s. +2, of s.
151.
1?9 (nserted "# Act 4o. 36 of 1956- w.e.f. 1?th. Aarch- 195<.
11? %he words 1arrived at in the course of a conciliation proceeding under this Act1
omitted "# Act 4o. 36 of 1956- w.e.f. <th. Octo"er- 1956.
111 Former su"*section +3, su"stituted "# Act 4o. 2= of 195?.
112 (nserted "# Act 4o. 36 of 1956- w.e.f. 1<th. /eptem"er- 1956-
113 /u"stituted "# Act 4o. 36 of 1956- for the words 1to a %ri"unal1 w.e.f. 1?th. Aarch-
195<.
112 /u"stituted "# Act 4o. 36 of 1956- for the words 1the %ri"unal1 w.e.f. 1?th. Aarch-
195<.
115 %he words 1su"9ect to the provision for appeal1 omitted "# Act 4o. 36 of 1956- w.e.f.
1?th. Aarch- 195<.
116 (nserted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
11< /u"stituted "# Act 4o. 36 of 1956- for the words 1or %ri"unal1 w.e.f. 1?th. Aarch-
195<.
11= /u"stituted "# Act 4o. 36 of 1956- for the words 1"efore a %ri"unal1 w.e.f. 1?th.
Aarch- 195<.
119 /u"stituted "# Act 4o. 36 of 1956- for the words 1reference of a dispute for
ad9udication1 w.e.f. 1?th. Aarch- 195<.
12? /u"stituted "# Act 4o. 1= of 1952.
121 /u"stituted "# Act 4o. 36 of 1956- for the words 1court or %ri"unal1 w.e.f. 1?th.
Aarch- 195<.
122 /u"stituted "# Act 4o. 36 of 1956- for the words 1a %ri"unal1 w.e.f. 1?th. Aarch-
195<.
123 %he word 1or1 omitted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
122 (nserted "# Act 4o. 23 of 1953- w.e.f. 22th. Octo"er- 1953.
125 /u"stituted "# Act 4o. 32 of 19<6- for the words 1shall not appl#1 w.e.f. 5th. Aarch-
19<6.
126 !arlier !.planation su"stituted "# Act 4o. 2= of 1952- w.e.f. 1st. April- 1952.
12< /u"stituted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
12= Former /ection su"stituted "# Act 4o. 35 of 1965- w.e.f. 1st. Eecem"er- 1965.
129 %he proviso omitted "# Act 4o. 29 of 19=2- w.e.f. 1=th. August- 19=2.
13? /u"stituted "# Act 4o. 36 of 1962- for the words 1for ever# completed #ear of
service1 w.e.f. 19th. Eecem"er- 1962.
131 /u"stituted "# Act 4o. 1= of 195<- w.r.e.f. 2?th. 4ovem"er- 1956.
132 (nserted "# Act 4o. 32 of 19<2- w.e.f. 12th. >une- 19<2.
133 /u"stituted "# Act 4o. 1= of 195<- w.r.e.f. 2=th. 4ovem"er- 1956.
132 /u"stituted "# Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
135 (nserted "# Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
136 /u"stituted "# Act 4o. 36 of 1962 for the words 1completed #ear of service1 w.e.f.
19th. Eecem"er- 1962.
13< !arlier $rovise su"stituted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962.
13= (nserted "# Act 4o. 32 of 19<6- w.e.f. 5th. Aarch- 19<6.
139 /u"stituted "# Act 4o. 26 of 19=2- for the words 1three hundred1 w.e.f. 21st.
August- 19=2.
12? /u"stituted "# Act 4o. 29 of 19=2- w.e.f. 1=th. August- 19=2.
121 Fomer su"*sections +2, to +5, su"stituted "# Act 4o. 29 of 19=2- w.e.f. 1=th. August-
19=2.
122 /u"*section +6, renum"ered as su"*section +1?, "# Act 4o. 29 of 19=2- w.e.f. 1=th.
August- 19=2.
123 Omitted "# Act 4o. 29 of 19=2- w.e.f. 1=th. August- 19=2.
122 /u"*section +3, omitted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2.
125 (nserted- i"id- w.e.f. 21st. August- 19=2.
126 /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1<th. /eptem"er- 1956.
12< (nserted "# Act 4o. 35 of 1965- w.e.f. 1st. Eecem"er- 1965.
12= /u"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. Aarch- 195<.
129 (nserted "# Act 4o. 36 of 1962- section 1= w.e.f. 15th. Eecem"er- 1962.
15? /u"stituted "# Act 4o. 25 of 19<1- for the words 1an officer1 w.e.f. 15th. Eecem"er-
19<1.
151 (nserted "# Act 4o. 2= of 195?.
152 /u"stituted "#- i"id- w.e.f. 21st. August- 19=2.
153 /u"stituted "# Act 4o. 36 of 1956- for the former section w.e.f. 19th. Eecem"er-
1962.
152 /u"stituted for the words and figures 10hapter @A1 "# Act 4o. 32 of 19<6- w.e.f. 5th.
Aarch- 19<6.
155 /u"stituted "# Act 4o. 2= of 195?.
156 /u"stituted- i"id- for the words 1with the leave of the %ri"unal1 w.e.f. 1?th. Aarch-
195<.
15< On the enforcement of section 22 of Act 4o. 26 of 19=2- a new clause +a", shall
stand inserted in section 3= after clause +aaa,- as directed in section 22 of that Act. %e.t
of said clause +a", reproduced as under)
1+a", the constitution of 7rievance /ettlement Authorities referred to in section 90- the
manner in which industrial disputes ma# "e referred to such authorities for settlement-
the procedure to "e followed "# such authorities in the proceedings in relation to
disputes referred to them and the period within which such proceedings shall "e
completed:1
15= /u"stituted "# Act 4o. 36 of 1956- for the words 1and %ri"unals1 w.e.f. 1?th. Aarch-
195<
159 /u"stituted "# Act 4o. 36 of 19.56- for the words 1oard and %ri"unals1 w.e.f. 1?th.
Aarch- 195<.
16? /u"stituted "# Act 4o. 32 of 19<6- w.e.f. 5th. Aarch- 19<6.
161 /u"stituted "# Act 4o. 36 of 1962- w.e.f. 19th. Eecem"er- 1962- which was inserted
"# Act 4o. 36 of 1956.
162 Original /chedule su"stituted "# Act 4o. 36 of 1956- w.e.f. 1?th. Aarch- 195<
163 /u"stituted "# Act 4o. 36 of 1962- for the words 1"# land- water or air1 w.e.f. 19th.
Eecem"er- 1962
162 !ntries added "# notifications issued under section 2? of the Act.
165 !ntr# 1= omitted "# Act 4o. 25 of 19<1- w.e.f. 15th. Eecem"er- 19<1.
166 (nserted "# /O 96<- dated =th. April- 1995.
16< /u"stituted "# Act 4o. 36 of 1962- for the words 1not due to forced matters1 w.e.f.
19th. Eecem"er- 1962
16= (nserted "# Act 4o. 26 of 19=2- w.e.f. 21st. August- 19=2
(] T5e M1ternit@ Bene9its Act, 1961
Pre1;:6e4O.53 OF 1961
[12th Eecem"er- 1961]
An Act to regulate the emplo#ment of women in certain esta"lishments for certain
periods "efore and after child*"irth and to provide for maternit# "enefit and certain other
"enefits.
! it enacted "# $arliament in the %welfth &ear of the 'epu"lic of (ndia as follows)*
1. S52rt tit6e, e7tent 1n8 c2;;ence;ent. +1, %his Act ma# "e called the
Aaternit# enefit Act- 1961.
+2, (t e.tends to the whole of (ndia e.cept the /tate of >ammu and Hashmir.
+3, (t shall come into force on such date as ma# "e notified in this "ehalf in the
Official 7a;ette-*
+a, in relation to mines in the territories to which this Act e.tends- "# the 0entral
7overnment: and
+", in relation to other esta"lishments in a /tate- "# the /tate 7overnment)
*. App6ic1ti2n 29 Act. +1, (t applies- in the first instance- to ever# esta"lishment
"eing a factor#- mine or plantation including an# such esta"lishment "elonging to
7overnment)
$rovided that the /tate 7overnment ma#- with the approval of the 0entral
7overnment- after giving not less than two monthsB notice of its intention of so
doing- "# notification in the Official 7a;ette- declare that all or an# of the provisions
of this Act shall appl# also to an# other esta"lishment or class of esta"lishments-
industrial- commercial- agricultural or otherwise.
+2, 4othing contained in this Act shall appl# to an# factor# or other esta"lishment to
which the provisions of the !mplo#eesB /tate (nsurance Act- 192=- +32 of 192=,
appl# for the time "eing.
!. De9initi2ns. (n this Act- unless the conte.t otherwise re5uires-*
+a, 1appropriate 7overnment1 means- in relation to an esta"lishment "eing a mine-
the 0entral 7overnment and in relation to an# other esta"lishment- the /tate
7overnment:
+", 1child1 includes a still*"orn child:
+c, 1deliver#1 means the "irth of a child:
+d, 1emplo#er1 means *
+(, in relation to an esta"lishment which is under the control of the 7overnment- a
person or authorit# appointed "# the 7overnment for the supervision and control of
emplo#ees or where no person or authorit# is so appointed the head of the
department.
+ii, in relation to an esta"lishment under an# local authorit#- the person appointed "#
such authorit# for the supervision and control of emplo#ees or where no person is
so appointed- the chief e.ecutive officer of the local authorit#:
+iii, in an# other case- the person who- or the authorit# which- has the ultimate
control over the affairs of the esta"lishment and where the said affairs are entrusted
to an# other persons whether called a manager- managing director- managing
agent- or "# an# other name- such person:
+e, 1esta"lishment1 means a factor#- mine- or plantation- or an esta"lishment to
which the provisions of this Act have "een declared under su"*section +1, of section
2 to "e applica"le:
+f, 1factor#1 means a factor# as defined in clause +m, of section 2 of the Factories
Act- 192= +63 of 192=,:
+g, 1(nspector1 means an (nspector appointed under section 12:
+h, 1maternit# "enefit1 means the pa#ment referred to in su"*section +1, of section 5:
+(, 1mine1 means a mine as defined in clause +9, of section 2 of the Aines Act- 1952
+35 of 1952,:
+9, 1miscarriage1 means e.pulsion of the contents of a pregnant uterus at an# period
prior to or during the twent# si.th wee8 of pregnanc# "ut does not include an#
miscarriage- the causing of which is punisha"le under the (ndian $enal 0ode:
+25 of 1=6?,
+8, 1plantation1 means a plantation as defined in clause +f, of section 2 of the
$lantations Ca"our Act- 1951 +69 of 1951,:
+9, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+m, 1/tate 7overnment1 in relation to a Fnion territor#- means the Administrator
thereof:
+n, 1wages1 means all remuneration paid or pa#a"le in cash to a woman- if the
terms of the contract of emplo#ment- e.press or implied- were fulfilled and includes *
+1, such cash allowances +including dearness allowance and house rent allowance,
as a woman is for the time "eing entitled to:
+2, incentive "onus: and
+3, the mone# value of the confessional suppl# of food grains and other articles- "ut
does not include *
+(, an# "onus other than incentive "onus:
+ii, over *time earnings an an# deduction or pa#ment made on account of fines:
+iii, an# contri"ution paid or pa#a"le "# the emplo#er to an# pension fund or
provident fund or for the "enefit of the woman under an# law for the time "eing in
force: and
+iv, an# gratuit# pa#a"le on the termination of service:
+o, 1woman1 means a woman emplo#ed- whether directl# or through an# agenc#- for
wages in an# esta"lishment.
&. E;p62@;ent 29, 2r B2r= :@, B2;en pr25i:ite8 8<rin> cert1in peri28s. +1,
4o emplo#er shall 8nowingl# emplo# a woman in an# esta"lishment during the
si. wee8s immediatel# following the da# of her deliver# or her miscarriage.
+2, 4o woman shall wor8 in an# esta"lishment during the si. wee8s immediatel#
following the da# of her deliver# or her miscarriage.
+3, 6ithout pre9udice to the provisions of section 6- no pregnant woman shall- on
a re5uest "eing made "# her in this "ehalf- "e re5uired "# her emplo#er to do
during the period specified in su"section +2, an# wor8 which is of an arduous
nature or which involves long hours o standing- or which is of an arduous nature
or which involves long hours of standing- or which in an# wa# is li8el# to interfere
with her pregnanc# or the normal development of the foetus- or is li8el# to cause
her miscarriage or otherwise to adversel# affect her health.
+2, %he period referred to in su"*section +3, shall "e *
+a, the period of one month immediatel# preceding the period of si. wee8s-
"efore the date of her e.pected deliver#:
+", an# period during the said period of si. wee8s for which the pregnant woman
does not avail of leave of a"sence under section 6.
,. Ri>5t t2 p1@;ent 29 ;1ternit@ :ene9it. +1, /u"9ect to the provisions of this
Act- ever# woman shall "e entitled to- and her emplo#er shall "e lia"le for- the
pa#ment of maternit# "enefit at the rate of the average dail# wage for the period of
her actual a"sence immediatel# preceding and including the da# of her deliver# and
for the si. wee8s immediatel# following that da#.
!.planation * For the purpose of this su"*section- the average dail# wage means
the average of the womanBs wages pa#a"le to her for the da#s on which she has
wor8ed during the period of three calendar months immediatel# preceding the date
from which she a"sents herself on account of maternit#- or one rupee a da#- which
ever is higher.
+2, 4o woman shall "e entitled to maternit# "enefit unless she has actuall# wor8ed
in an esta"lishment of the emplo#er from whom the claims maternit# "enefit- for a
period of not less than one hundred and si.t# da#s in the twelve months
immediatel# preceding the date of her e.pected deliver#)
$rovided that the 5ualif#ing period of one hundred and si.t# da#s aforesaid shall not
appl# to a woman who has immigrated into she /tate of Assam and was pregnant at
the time of the immigration.
!.planation. * For the purpose of calculating under this su"*section the da#s on
which a woman has actuall# wor8ed in the esta"lishment- the da#s for which she
has "een laid off during the period of twelve months immediatel# preceding the date
of her e.pected deliver# shall "e ta8en into account.
+3, %he ma.imum period for which an# woman shall "e entitled to maternit# "enefit
shall "e twelve wee8s- that is to sa#- si. wee8s up to and including the da# of her
deliver# and si. wee8s immediatel# following that da#)
$rovided that where a woman dies during this periods- the maternit# "enefit shall "e
pa#a"le onl# for the da#s up to and including the da# of her death)
$rovided further that where a woman- having "een delivered of a child- dies during
her deliver# or during the period of si. wee8s immediatel# following the date of her
deliver#- leaving "ehind in either case the child- the emplo#er shall "e lia"le for the
maternit# "enefit case the child- the emplo#er shall "e lia"le for the maternit# "enefit
for the entire period of si. wee8s immediatel# following that da# of her deliver# "ut if
the child also dies during the said period- then- for the da#s up to and including the
da# of the death of the child.
6. N2tice 29 c61i; 92r ;1ternit@ :ene9it 1n8 p1@;ent t5ere29. +1, An# woman
emplo#ed in an esta"lishment and entitled to maternit# "enefit under the provisions of
this Act ma# give notice in writing in such form as ma# "e prescri"ed- to her emplo#er-
stating that her maternit# "enefit and an# other amount to which she ma# "e entitled
under this Act ma# "e paid to her or to such person as she ma# nominate in the notice
and that she will not wor8 in an# esta"lishment during the period for which she receives
maternit# "enefit.
+2, (n the case of a woman who is pregnant- such notice shall state the date from which
she will "e a"sent from wor8- not "eing a date earlier than si. wee8s from the date of
her e.pected deliver#.
+3, An# woman who has not given the notice when she was pregnant ma# give such
notice as soon as possi"le after the deliver#.
+2, On receipt of the notice- the emplo#er shall permit such woman a"sent herself from
the esta"lishment until the e.pir# of si. wee8s after the da# of her deliver#.
+5, %he amount of maternit# "enefit for the period preceding the date of her e.pected
deliver# shall "e paid in advance "# the emplo#er to the woman on production of such
proof as ma# "e prescri"ed that the woman is pregnant- and the amount due for the
su"se5uent period shall "e paid "# the emplo#er to the woman within fort#*eight hours
of production of such proof as ma# "e prescri"ed that the woman has "een delivered of
a child.
+6, %he failure to give notice under this section shall not disentitle a woman to maternit#
"enefit or an# other amount under this Act if she is otherwise entitled to such "enefit or
amount and in an# such case an (nspector ma# either of his own motion or on an
application made to him "# the woman- order the pa#ment of such "enefit or amount
within such period as ma# "e specified in the order.
'. P1@;ent 29 ;1ternit@ :ene9it in c1se 29 8e1t5 29 1 B2;1n. (f a woman entitled to
maternit# "enefit or an# other amount under this Act- dies "efore receiving such
maternit# "enefit or amount- or where the emplo#er is lia"le for maternit# "enefit under
the second proviso to su"*section +3, of section 5- the emplo#er shall pa# such "enefit
or amount to the person nominated "# the woman in the notice given under section 6
and in case there is no such nominee- to her legal representative.
(. P1@;ent 29 ;e8ic16 :2n<s. !ver# woman entitled to maternit# "enefit under this
Act shall also "e entitled to receive from her emplo#er a medical "onus of twent#*five
rupees- if no pre*natal confinement and post*natal care is provided for "# the emplo#er
free of charge.
9. Le1?e 92r ;isc1rri1>e. (n case of miscarriage- a woman shall- on production of
such proof as ma# "e prescri"ed- "e entitled to leave with wages at the rate of maternit#
"enefit- for a period of si. wee8s immediatel# following the da# of her miscarriage.
10. Le1?e 92r i66ness 1risin> 2<t 29 pre>n1nc@, 8e6i?er@, pre;1t<re :irt5 29 c5i68, 2r
;isc1rri1>e. A woman suffering from illness arising out of pregnanc#- deliver#-
premature "irth of child or miscarriage shall- on production of such proof as ma# "e
prescri"ed- "e entitled- in addition to the period of a"sence allowed to her under section
6- or- as the case ma# "e- under section 9- to leave with wages at the rate of maternit#
"enefit for a ma.imum period of one month.
11. N<rsin> :re1=s. !ver# woman delivered of a child who returns to dut# after such
deliver# shall- in addition to the interval for rest allowed to her- "e allowed in the course
of her dail# wor8 two "rea8s of the prescri"ed duration for nursing the child until the
child attains the age of fifteen months.
1*. Dis;iss16 8<rin> 1:sence 29 pre>n1nc@. +1, 6hen a woman a"sents herself
from wor8 in accordance with the provisions of this Act- it shall "e unlawful for her
emplo#er to discharge or dismiss her during or on account of such a"sence or to give
notice of discharge or dismissal on such a da# that the notice will e.pire during such
a"sence- or to var# to her disadvantage an# of the conditions of her service.
+2, +a, - %he discharge or dismissal of a woman at an# time during her pregnanc#- if the
woman "ut for such discharge or dismissal would have "een entitled to maternit#
"enefit or medical "onus referred to in section =- shall not have the effect of depriving
her of the maternit# "enefit or medical "onus)
$rovided that where the dismissal is for an# prescri"ed gross misconduct- the emplo#er
ma#- "# order in writing communicated to the woman- deprive her of the maternit#
"enefit or medical "onus or "oth.
+", An# woman deprived of maternit# "enefit or medical "onus or "oth- ma#- within si.t#
da#s from the date on which the order of such deprivation is communicated to her-
appeal to such authorit# as ma# "e prescri"ed- and the decision of that authorit# on
such appeal- whether the woman should or should not "e deprived of maternit# "enefit
or medical "onus or "oth- shall "e final.
+c, 4othing contained in this su"*section shall affect the provisions contained in su"*
section +1,.
1!. N2 8e8<cti2n 29 B1>es in cert1in c1ses. 4o deduction from the normal and
usual dail# wages of a woman entitled to maternit# "enefit under the provisions of this
Act shall "e made "# reason onl# of *
+a, the nature of wor8 assigned to her "# virtue of the provisions contained in su"*
section +3, of section 2: or
+", "rea8s for nursing the child allowed to her under the provisions of section 11.
1&. App2int;ent 29 Inspect2rs. %he appropriate 7overnment ma#- "# notification
in the Official 7a;ette- appoint such officers as it thin8s fit to "e (nspectors for the
purposes of this Act and ma# define the local limits of the 9urisdiction within which
the# shall e.ercise their functions under this Act.
1,. P2Bers 1n8 8<ties 29 Inspect2rs. An (nspector ma#- su"9ect to such
restrictions or condition as ma# "e prescri"ed- e.ercise all or an# of the following
powers namel#)*
+a, enter at all reasona"le times with such assistants- if an#- "eing persons in the
service of the 7overnment or an# local or other pu"lic authorit#- as he thin8s fit- an#
premises or place where women are emplo#ed or wor8 is given to them in an
esta"lishment- for the purposes of e.amining an# registers- records and notices
re5uired to "e 8ept or e.hi"ited "# or under this Act and re5uire this production for
inspection:
+", e.amine an# person whom he finds in an# premises or place and who- he has
reasona"le cause to "elieve- is emplo#ed in the esta"lishment)
$rovided that no person shall "e compelled under this section to answer an#
5uestion or give an# evidence tending to incriminate himself:
+c, re5uire the emplo#er to give information regarding the names and addresses of
women emplo#ed- pa#ments made to them- and applications or notice received
from them under this Act: and
+d, ta8e copies of an# registers and records or notices or an# portions thereof.
16. Inspect2rs t2 :e p<:6ic ser?1nts. !ver# (nspector appointed under this Act shall
"e deemed to "e a pu"lic servant within the meaning of section 21 of the (ndian $enal
0ode +25 of 1=6?,.
1'. P2Ber 29 Inspect2r t2 8irect p1@;ents t2 :e ;18e. +1, An# woman claiming that
maternit# "enefit or an# other amount to which she is entitled under this Act an# person
claiming that pa#ment due under section < has "een improperl# withheld ma# ma8e a
complaint to the (nspector.
+2, %he (nspector ma#- of his own motion or on receipt of a complaint referred to in su"*
section +1,- ma8e an in5uir# or cause an in5uir# to "e made an if satisfied that pa#ment
has "een wrongfull# withheld- ma# direct the pa#ment to "e made in accordance with
his orders.
+3, An# person aggrieved "# the decision of the (nspector under su"*section +2, ma#-
within thirt# da#s from the date on which such decision is communicated to such
person- appeal to the prescri"ed authorit#.
+2, %he decision of the prescri"ed authorit# where an appeal has "een preferred to it
under su"*section +3, or of the (nspector where no such appeal has "een preferred-
shall "e final.
+5, An# amount pa#a"le under this section shall "e recovera"le as an arrear of land
revenue.
1(. #2r9eit<re 29 ;1ternit@ :ene9it. (f a woman wor8s in an# esta"lishment after she
has "een permitted "# her emplo#er to a"sent herself under the provisions of section 6
for an# period during such authorised a"sence- she shall forfeit her claim to the
maternit# "enefit for such period.
19. A:str1ct 29 Act 1n8 r<6es t5ere <n8er t2 :e e75i:ite8. An a"stract of the
provisions of this Act and the rules made there under in the language or languages
of the localit# shall "e e.hi"ited in a conspicuous place "# the emplo#er in ever#
part of the esta"lishment in which women are emplo#ed.
*0. Re>isters, etc. !ver# emplo#er shall prepare and maintain such registers- records
and muster*rolls and in such manner as ma# "e prescri"ed.
*1. Pen16t@ 92r c2ntr1?enti2n 29 Act :@ e;p62@er. (f an# emplo#er contravenes the
provisions of this Act or the rules made thereunder- he shall "e punisha"le with
imprisonment which ma# e.tend to three months- or with fine which ma# e.tend to five
hundred rupees- or with "oth: and where the contravention is of an# provision regarding
maternit# "enefit or regarding pa#ment of an# other amount and such maternit# "enefit
or amount has not alread# "een recovered- the court shall- in addition recover such
maternit# "enefit or amount as if it were a fine and pa# the same to the person entitled
thereto.
**. Pen16t@ 92r 2:str<ctin> Inspect2r. 6hoever fails to produce on demand "# the
(nspector an# register or document in his custod# 8ept in pursuance of this Act or the
rules made thereunder or conceals or prevents an# person from appealing "efore or
"eing e.amined "# an (nspector shall "e punisha"le with imprisonment which ma#
e.tend to three months- or with fine which ma# e.tend to five hundred rupees- or with
"oth.
*!. C2>niH1nce 29 299ences. +1, 4o prosecution for an offence punisha"le under this
Act or an# rule made thereunder shall "e instituted after the e.pir# of one #ear from the
date no such prosecution shall "e instituted e.cept "#- or with the previous sanction of -
the (nspector)
$rovided that in computing the period of one #ear aforesaid- the time- if an#- ta8en for
the purpose of o"taining such previous sanction shall "e e.cluded.
+2, 4o court inferior to that of a $residenc# Aagistrate or a Aagistrate of the First 0lass
shall tr# an# such offence.
*&. Pr2tecti2n 29 1cti2n t1=en in >228 91it5. 4o suit- prosecution or other legal
proceeding shall lie against an# person for an#thing which is in good faith done or
intended to "e done in pursuance of this Act or of an# rule or order made there under.
*,. P2Ber 29 Centr16 $2?ern;ent t2 >i?e 8irecti2ns. %he 0entral 7overnment ma#
give such directions as it ma# deem necessar# to a /tate 7overnment regarding the
carr#ing into e.ecution of the provisions of this Act and the /tate 7overnment shall
compl# with such directions.
26. (f the appropriate 7overnment is satisfied that having regard to an esta"lishment or
a class of esta"lishments providing for the grant of "enefits which are not less
favoura"le than those provided in this Act- it is necessar# so to do- it ma#- "# notification
in the Official 7a;ette- e.empt- su"9ect to such conditions and restrictions- if an#- as
ma# "e specified in the notification- the esta"lishment or class of esta"lishments from
the operation of all or an# of the provisions of this Act or of an# rule made thereunder.
*'. E99ect 29 61Bs 1n8 1>ree;ents inc2nsistent Bit5 t5is Act. +1, %he provisions of
this Act shall have effect notwithstanding an#thing inconsistent therewith contained in
an# other law or in the terms of an# award- agreement or contract of service- whether
made "efore or after the coming into force of this Act)
$rovided that where under an# such award- agreement- contract o service or otherwise-
a woman is entitled to "enefits in respect of an# matter which are more favoura"le to
her than those to which she would "e entitled under this Act- the woman shall continue
to "e entitled to the more favoura"le "enefits in respect of that matter- notwithstanding
that she is entitled to receive "enefits in respect of other matters under this Act.
+2, 4othing contained in this Act shall "e construed to preclude a woman from entering
into an agreement with her emplo#er for granting her rights or privileges in respect o
an# matter which are more favoura"le to her than those to which she would "e entitled
under this Act.
*(. P2Ber t2 ;1=e r<6es. +1, %he appropriate 7overnment ma#- su"9ect to the
condition of previous pu"lication and "# notification in the Official 7a;ette- ma8e rules
for carr#ing out the purposes of this Act.
+2, (n particular- and without pre9udice to the generalit# of the foregoing power- such
rules ma# provide for *
+a, the preparation and maintenance of registers- record and muster*rolls:
+", the e.ercise of powers +including the inspection of esta"lishments, and the
performance of duties "# (nspectors for the purposes of this Act:
+c, the method of pa#ment of maternit# "enefit an other "enefits under this Act in so far
as provision has not "een made therefore in this Act:
+d, the form of notices under section 6:
+e, the nature of proof re5uired under the provisions of this Act:
+f, the duration of nursing "rea8s referred to in section 11:
+g, acts which ma# constitute gross misconduct for purposes of section 12:
+h, the authorit# to which an appeal under clause +", of su"*section +2, of section 12
shall lie: the form and manner in which such appeal ma# "e made and the procedure to
"e followed ion disposal thereof:
+i, the authorit# to which an appeal shall lie against the decision of the (nspector under
section 1<: the form and manner in which such appeal ma# "e made and the procedure
to "e followed in disposal thereof:
+9, the form and manner in which complaints ma# "e made to (nspectors under su"*
section +1, of section 1< and the procedure to "e followed "# them when ma8ing
in5uiries or causing in5uiries to "e made under su"*section +2, of that section:
+8, an# other matter which is to "e- or ma# "e- prescri"ed.
+3, !ver# rule made "# the 0entral 7overnment under this section shall "e laid as soon
as ma# "e after it is made- "efore each Douse of $arliament while it is in session for a
total period of thirt# da#s which ma# "e comprised in one session or in two successive
sessions- and if "efore the e.pir# of the session in which it is so laid or the session
immediatel# following- "oth Douses agree in ma8ing an# modification in the rule or "oth
Douses agree that the rule should not "e made- the rule shall thereafter have effect onl#
in such modified form or "e of no effect- as the case ma# "e: so however that an# such
modification or annulment shall "e without pre9udice to the validit# of an#thing
previousl# done under that rule.
*9. A;en8;ent 29 Act 69 29 19,1. (n section 32 of the $lantations Ca"our Act- 1951- *
+a, in su"*section +1, - the letter and "rac8ets 1+a,1 "efore the words 1in the case of
sic8ness1 - the word 1and1 after the words 1sic8ness allowance1 and clause +", shall "e
omitted:
+", in su"*section +2, - the words 1or maternit#1 shall "e omitted.
!0. Repe16. On the application of this Act *
+(, to mines- the Aines Aaternit# enefit Act- 1921 +19 of 1921,: and
+ii, to factories situate in the Fnion territor# of Eelhi- the om"a# Aaternit# enefit
Act- 1929- +om. Act @(( of 1929, as in force in that territor#- shall stand repealed.
9] T5e Tr18e %ni2ns Act, 19*6
Pre1;:6e [25th Aarch- 1926]
An act to provide for the registration of %rade Fnions and in certain respects to define
the law relating to registered %rade Fnions
1. S52rt tit6e, e7tent 1n8 c2;;ence;ent * +1, %his Act ma# "e called the [%he words
1(ndia1 has "een deleted "# the %rade Fnion +Amendment, Act 31 of 1962] %rade
Fnions Act-1926.
2. (t e.tends to the 6hole of (ndia [4ote)* %he word 1e.cept1 the /tate of >ammu and
Hashmir1 have "een omitted "# Act 4o.51 %he Orient %avern 19<?].
3. (t shall come into force on such date as the 0entral 7overnment "# notification in the
Official 7a;ette- appoint.
N2tes
(n the #ear 1925 the 7overnment of (ndia- after consulting the /tate 7overnments drew
up a ill providing for the registration of trade unions and introduced the same in the
Cegislative Assem"l# on the 1
st
August-1925. %he (ndian %rade Fnion Act was passed in
1926and came into force on the 1
st
>une-192<.
Although two amending Acts were passed in 192= and 1922- no ma9or changes were
introduced in the Act till 192<. (n 192<- an amending Acct was passed which provided
for compulsor# recognition of the representative Fnions "# the emplo#ers- and listed
certain practices on the part of recogni;ed Fnions. %hese provisions of the amended
Act- however- have not "een "rought into force.
*. De9initi2ns (n this act the appropriate 7overnment means in relation to %rade
Fnions whose o"9ects are not confined to one /tate- the 0entral 7overnment- and in
relation to other %rade Fnions /tate 7overnment- and unless there is an#thing
repugnant in the su"9ect or conte.t-
+a, 1!.ecutive1 means the "od#- "# whatever name called to which the management of
the affairs of a %rade Fnion is entrusted:
+", [/u"s. # %rade Fnions +Amendment, Act 3= of 1962] (n the case of a %rade Fnion-
includes an# mem"er of the e.ecutive thereof- "ut does not include an auditor:
+c, 1$rescri"ed1 means prescri"ed "# regulations made under this Act:
+d, 1'egistered office1 means that office of a %rade Fnion which is registered under this
Act as the Dead office thereof.
+e, 1'egistered %rade Fnion1 means a %rade Fnion registered under this Act:
+f, [4ote) /u"s. "# Act 22 of 196?] 1'egistrar1 means
+i, A 'egistrar of %rade Fnions appointed "# the appropriate 7overnment under section
3- and includes an additional or Eeput# 'egistrar of %rade Fnions: and
+ii, (n relation to an# %rade Fnion- the 'egistrar appointed for the /tate in which the
head or registered office- as the case ma# "e- of the %rade Fnion is situated:
+a, 1%rade dispute1 means an# dispute "etween emplo#ers and wor8men or "etween
wor8men and wor8men- or "etween emplo#ers and emplo#ers which is connected with
the emplo#ment- or non*emplo#ment- or the terms of emplo#ment or the conditions of
la"our- of an# person- and 1wor8men1 means all persons emplo#ed in trade or industr#
whether or not in the emplo#ment of the emplo#er with whom the trade dispute arises:
and
+", 1%rade Fnion1 means com"ination- whether temporar# or permanent- formed
primaril# for the purpose of regulating the relations "etween wor8men and emplo#ers or
"etween wor8men and wor8men- or "etween emplo#ers and emplo#ers- or for imposing
restrictive condition on the conduct of an# trade or "usiness- and includes an#
federation of two or more %rade Fnions:
$rovided that this Act shall not affect *
+c, An# agreement "etween partner to their own "usiness:
+i, An# agreement "etween an emplo#er and those emplo#ed "# him as to such
emplo#ment: or
+ii, An# agreement in consideration of the sales of the goodwill of a "usiness or of
instruction in an# profession- trade or handicraft.
!. App2int;ent 29 Re>istr1rs +1, [%he appropriate 7overnment] shall appoint a
person to "e the 'egistrar of %rade Fnions for [each] +/tate,].
+2, [4ote) %he principal section re*num"ered as su"*section +1, and su"*section +2,
inserted "# Act 2= of 196?] %he appropriate 7overnment ma# appoint as man#
Additional and Eeput# 'egistrars of %rade Fnions as it thin8s fit for the purpose of
e.ercising and discharging- under the superintendence and direction of the 'egistrar-
such powers and functions of the 'egistrar under this Act as it ma#- "e order- specif#
and define the local limits within which an# such Additional or Eeput# 'egistrar shall
e.ercise and discharge the powers and function so specified.
+3, /u"9ect to the provisions of an# order under su"*section +2,- where an Additional or
Eeput# 'egistrar e.ercises and discharges the powers and function of a 'egistrar in an
area within which the registered office of a %rade Fnion is situated- the Additional or
Eeput# 'egistrar shall "e deemed to "e 'egistrar in relation to the %rade Fnion for the
purposes of this Act.
&. M28e 29 re>istr1ti2n +1, An# seven or more mem"ers of a %rade Fnion ma# "e
su"scri"ing their names to the rules of the %rade Fnion and "# otherwise compl#ing with
the provisions of this Act with respect to registration- appl# for registration of the %rade
Fnion under this Act.
+2, [%he principal section re*num"ered as su"*section +1, and su"*section +2, inserted
"# Act 2= of 196?] 6here an application has "een made under su"*section +1, of the
registration of a %rade Fnion- such application shall not "e deemed to have "ecome
invalid merel# "# reason of the fact that- at an# time after the date of the application- "ut
"efore the registration of the %rade Fnion some of the applications- "ut not e.ceeding
half of the total num"er of the persons who made the application- have ceased to "e
mem"ers of the %rade Fnion or have notice in writing to the 'egistrar dissociating
themselves from the application].
,. App6ic1ti2n 92r re>istr1ti2n +1, !ven application for registration of a %rade Fnion
shall "e made to the 'egistrar- and shall "e accompanied "# a cop# of the rules of the
%rade Fnion and a statement of the following particulars- namel#)*
+a, %he names- occupations and addresses of the mem"ers ma8ing the application:
+", %he name of the %rade Fnion and the address of its head office- and
+c, %he title- names- ages- addresses and occupations of the [/u"s. "# %rade Fnions
+Amendment, Act 4o.33 of 1952] of the %rade Fnion.
+2, 6here a %rade Fnion has "een in e.istence for more than one #ear "efore the
ma8ing of an application for its registration- there shall "e delivered to the 'egistrar-
together with the application- a general statement of the assets and lia"ilities of the
%rade Fnion prepared in such form and containing such particulars as ma# "e
prescri"ed.
6. Pr2?isi2ns t2 :e c2nt1ine8 in t5e r<6es 29 Tr18e %ni2n * A %rade Fnion shall not
"ee entitled to registration under this Act- unless the e.ecutive thereof is constituted in
accordance with the provisions of this Act- and the rules thereof provided for following
matters- namel#)*
+a, %he name of the %rade Fnion:
+", %he whole of the o"9ect for which the %rade Fnion has "een esta"lished:
+c, %he whole of the purposes for which the general funds of the %rade Fnion shall "e
applica"le- all of which purposes shall "e purpose- to which such funds are lawfull#
applica"le under this Act:
+d, %he maintenance of a list of the mem"ers of the %rade Fnion and ade5uate facilities
for the inspection thereof "# the [/u"s. "# %rade Fnions +Amendment, Act 4o.33 of
1952] and mem"ers of the %rade Fnion:
+e, %he admission of ordinar# mem"ers who shall "e persons actuall# engaged or
emplo#ed in an industr# with which the %rade Fnion is connected- and also the
admission of the num"er of honorar# or temporar# mem"ers as [/u"s. "# %rade Fnions
+Amendment, Act 4o.33 of 1952] re5uired under /ection 22 to form the e.ecutive of the
%rade Fnion:
+ae, [(ns. "# Act 22 of 196?] %he pa#ment of a su"scription "# mem"ers of the %rade
Fnion which shall "e not less than twent# five na#e paise per month per mem"er:
+a, %he conditions under which an# mem"er shall "e entitled to an# "enefit assured "#
the rules and under which an# fine or forfeiture ma# "e imposed on mem"ers:
+", %he manner in which the mem"er shall "e amended- varied or rescinded:
+c, %he manner in which the mem"ers of the e.ecutive and the other [/u"s. "# %rade
Fnions +Amendment, Act 4o.33 of 1952] of the %rade Fnion shall "e appointed and
removed:
+d, %he safe custod# of the funds of the %rade Fnion- and annual audit- in such manner
as ma# "e prescri"ed- of the account "oo8s "# [/u"s. "# %rade Fnions +Amendment,
Act 4o.33 of 1952] and mem"ers of the %rade Fnion: and
+e, %he manner in which the %rade Fnion ma# "e dissolved.
'. P2Ber t2 c166 92r 9<rt5er p1rtic<61rs 1n8 t2 reA<ire 16ter1ti2n 29 n1;e +1, %he
'egistrar ma# call for further information for the purpose of satisf#ing himself that an#
application complies with the provisions of /ec: 5- or that the %rade Fnion is entitled to
registration under /ection 6- and ma# refuse to register the %rade Fnion until such
information is supplied.
+2, (f the name under which a %rade Fnion is proposed to "e registered is identical with
that "# which an# other e.isting %rade Fnion has "een registered or- in the opinion of
the 'egistrar- so nearl# resem"le such name as to "e li8el# to deceive the pu"lic or the
mem"ers of either %rade Fnion- the 'egistrar shall re5uire the persons appl#ing for
registration to alter the name of the %rade Fnion stated in the application- and shall
refuse to register the Fnion until such alteration has "een made.
(. Re>istr1ti2n %he 'egistrar- on "eing satisfied that the Fnion has complied with all
the re5uirements of this Act in regard to registration- shall register the %rade Fnion "#
entering in a register to "e maintained in such form as ma# "e prescri"ed- the
particulars relating to the %rade Fnion contained in the statement accompan#ing the
application for 'egistration.
N2tes
%his section is mandator#. %he 'egistrar cannot refuse to register a %rade Fnion if the
application for registration complies with the technical re5uirement as laid down in this
Act.
%his 'egistrar has onl# to see if it fulfils the technical re5uirements and not whether it
could "e descri"ed as unlawful. (f the applicant for registration complies with technical
re5uirements of this Act- he has no option "ut to register the %rade Fnion- no matter
what happens to it su"se5uentl# even if it- in fact- proceeds counter to law or see8s to
carr# out its lawful o"9ects in an unlawful wa#. +(nland /team 4avigation 6or8ers Fnion
(n re.1635 0al.5< ) 63 0al.565 ) 0. 6. 4. 91,.
An application for registration cannot "e re9ected on the ground that it is an attempt to
revive an old- alread# unlawful- union under a new name +("id.,.
%he functions of the 'egistrar are prescri"ed "# this Act and his office is also created "#
this Act +("id.,.
9. Certi9ic1te 29 Re>istr1ti2n %he 'egistrar registering a %rade Fnion under /ection
=- shall issue a certificate of registration in the prescri"ed form which shall "e conclusive
that the %rade Fnion has "een dul# registered under this Act.
10. C1nce661ti2n 29 Re>istr1ti2n A certificate of registration of a %rade Fnion ma# "e
withdrawn o cancelled "# the 'egistrar *
+a, On the application of the %rade Fnion to "e verified in such manner as ma# "e
prescri"ed- or
+", (f the 'egistrar is satisfied that the certificate has "een o"tained "# fraud or mista8e-
or that the %rade Fnion has ceased to e.ist or has willfull# and after notice from the
'egistrar contravened an# provision of this Act or allowed an# rule to continue in force
which is inconsistent with an# such provision- or has rescinded an# rule providing for
an# matter- provision for which is re5uired "# /ection 6)
$rovided that not less than two months previous notice in writing specif#ing the ground
on which it is proposed to withdraw or cancel the certificate shall "e given "# the
'egistrar to the %rade Fnion "efore the certificate is withdrawn or cancelled otherwise
than on the application of the %rade Fnion.
11. Appe16 +1, An# person aggrieved "# an# refusal of the 'egistrar to register a %rade
Fnion or "# the withdrawal or cancellation of a certificate of registration ma#- within such
period as ma# "e prescri"ed- appeal *
+a, 6here the head office of the %rade Fnion is situated within the limits of $residenc#*
town to the Digh 0ourt- or
+", 6here the head office is situated in an# outer area- to such 0ourt- not inferior to the
0ourt of an additional or assistant >udge of a principal 0ivil 0ourt of original 9urisdiction-
as the [appropriate 7overnment] ma# appoint in this "ehalf for that area.
+2, %he Appellate 0ourt ma# dismiss the appeal- or pass an order directing the 'egistrar
to register the Fnion and to issue a certificate of registration under the provisions of
/ection 9 or setting aside the order for withdrawal or cancellation of the certificate- as
the case ma# "e- and the registrar shall compl# with such order.
+3, For the purpose of an appeal under su"*section +1, an Appellate 0ourt shall- so far
as ma# "e- follow the same procedure and have the same powers as it follows an has
when tr#ing a suit under the 0ode of 0ivil $rocedure- 19?=- and ma# direct "# whom the
whole or an# part of the costs of the appeal shall "e paid an such costs shall "e
recovered as if the# had "een awarded in a suit under the said 0ode.
+2, (n the event of the dismissal of an appeal "# an# 0ourt appointed under clause +", of
su"*section +1,- the person aggrieved shall have a right of appeal to the Digh 0ourt and
the Digh 0ourt shall- for the purpose of such appeal- have all the powers of an Appellate
0ourt under su"*sections +2, and +3, and the provisions of those su"*section shall appl#
accordingl#.]
1*. Re>istere8 299ice All communications and notice to a registered %rade Fnion ma#
"e addressed to its registered office. 4otice of an# change in the address of the head
office shall "e given with fourteen da#s of such change to the 'egistrar in writing- and
the changed address shall "e recorded in the register referred to in /ection =.
1!. Inc2rp2r1ti2n 29 re>istere8 Tr18e %ni2ns !ver# registered %rade Fnion shall "e
a "od# corporate "# the name under which it is registered and shall have perpetual
succession and a common seal with power to ac5uire and hold "oth mova"le and
immova"le propert# an contract- and shall- "# the said name sues and "e sued.
1&. Cert1in Acts n2t t2 1pp6@ t2 re>istere8 Tr18e %ni2ns %he following Act- namel#
*
+a, %he /ocieties 'egistration At- 1=63.
+", %he co*operative /ocieties Act- 1912.
And
+c, [+4ote) /ee now the 0ompanies Act- 195< +1 of 1956,- vide Act +22 of 196?, %he
0ompanies Act- 1956 +1 of 1956,]
shall not appl# to an# registered %rade Fnion- had the registration of an# such %rade
Fnion under an# such Act shall "e void.
1,. O:Dects 2n B5ic5 >ener16 9<n8s ;1@ :e spent %he general funds of a
registered %rade Fnion shall not "e spent on an# other o"9ects than the following-
namel#)*
+a, %he pa#ment of salaries- allowances and e.penses to +4ote) /u"s. "# Act 4o.3= of
1962 for the word, 1officers1 office "earers of the %rade Fnion:
+", %he pa#ment of e.penses for the administration of the %rade Fnion including audit of
the accounts of the general funds of the %rade Fnion:
+c, %he prosecution of defence of an# legal proceeding to which the %rade Fnion or an#
mem"er thereof is a part#- when such prosecution or defence is underta8en for thee
purpose of securing or protecting an# rights of the %rade Fnion as such or an# rights
arising out of the relations of an# mem"er with his emplo#er or with a person whom the
mem"er emplo#s:
+d, %hee conduct of trade disputes on "ehalf of the %rade Fnion or an# mem"er thereof:
+e, %he compensation of mem"ers for loss arising out of trade disputes:
+f, Allowance to mem"ers or their dependants on account of death- old age- sic8ness-
accidents or unemplo#ment of such mem"ers:
+g, %he issue of- or the underta8ing of lia"ilit# under policies of assurance on the lives
for mem"ers or under policies insuring mem"ers against sic8ness- accident or
unemplo#ment:
+h, %he provision of educational- social or religious "enefits for mem"ers +including the
pa#ment of the e.penses of funeral or religious ceremonies for deceased mem"ers, or
for the dependants of mem"ers:
+i, %he up8eep of a periodical pu"lished mainl# for the purposes of discussing 5uestions
affecting emplo#ers or wor8men as such:
+9, %he pa#ment- in furtherance of an# of the o"9ects on which the general funds of the
%rade Fnion ma# "e spent- of contri"utions to an# cause intended to "enefit wor8men in
general- provided that the e.penditure in respect of such contri"utions in an# financial
#ear shall not- at an# time- during that #ear "e in e.cess of one*fourth of the com"ined
total of the gross income which has up to that time accrued to the general funds of the
%rade Fnion during that #ear and of the "alance at the credit of those funds at the
commencement of that #ear: and
+8, /u"9ect to an# conditions contained in the notification- an# other o"9ect notified "#
the [appropriate 7overnment] in the official 7a;ette.
16. C2nstit<ti2n 29 1 sep1r1te 9<n8 92r p26itic16 p<rp2ses +1, A registered %rade
Fnion ma# constitute a separate fund- from contri"utions separatel# levied for or made
to that fund- from which pa#ments ma# "e made- for the promotion of the civic and
political interest of its mem"ers- in furtherance of an# of the o"9ects specified in su"*
section +2,.
+2, %he o"9ects referred to in su"*section +1, are)*
+a, %he pa#ment of an# e.penses incurred- either directl# or indirectl#- "# a candidate or
prospective candidate for election as a mem"er of an# legislative "od# constituted
under [4ote) Eeleted "# Act 22 of 196?] the 0onstitution or of an# local authorit#- "efore-
during or after the election in connection with his candidature or election: or
+", %he holding of an# meeting or the distri"ution of an# literature or documents in
support of an# such candidate or prospective candidate: or
+c, %he maintenance of an# person who is a mem"er of an# legislative "od# constituted
under [4ote) Eeleted "# Act 22 of 196?] the 0onstitution or for an# local authorit#: or
+d, %he registration of electors or the selection of a candidate for an# legislative "od#
constituted under [(nserted "# Act 4o.51 of 19<?] the 0onstitution or for an# local
authorit#: or
+e, %he holding of political meetings of an# 8ind or the distri"ution of political literature or
political documents of an# 8ind.
[+4ote) (nserted "# Act 4o.51 of 19<?, +2*A, (n its application to the /tate of >ammu and
Hashmir references in su"*section +2, to an# legislative "od# constituted under the
0onstitution shall "e construed as including references to the Cegislative of that /tate].
+3, 4o mem"er shall "e compelled to contri"ute to the fund constituted under su"*
section +2,- and a mem"er who does not contri"ute to the said fund shall not "e
e.cluded from an# "enefits of the %rade Fnion- or placed in an# respect either directl#
or indirectl# under an# disa"ilit# r at an# disadvantage as compared with other mem"ers
of the %rade Fnion +e.cept in relation to the control of management of the said fund, "#
reason of his contri"uting to the said fund: and contri"ution to the said fund shall not "e
made a condition for admission to the %rade Fnion.
1'. Cri;in16 c2nspir1c@ in tr18e 8isp<tes 4o officers or mem"ers of a registered
%rade union shall "e lia"le to punishment under su"*section +2, of /ection 12?* of the
(ndian $enal 0ode- in respect of an# agreement made "etween the mem"ers for the
purpose of furthering an# such o"9ect of the %rade Fnion as is specified in /ection 15
unless the agreement is an agreement to commit an offence.
1(. I;;<nit@ 9r2; ci?i6 s<it t2 cert1in c1ses +1, 4o suit or other legal proceeding
shall "e maintaina"le in an# 0ivil 0ourt against an# registered %rade Fnion or an#
[4ote) (nserted "# Act 4o.51 of 19<?] or mem"er thereof in respect of an# act done in
contemplation or furtherance of a trade dispute to which a mem"er of the %rade Fnion is
a part# on the ground onl# that such act induces some other person to "rea8 a contract
of emplo#ment- or that it is in interference with the trade- "usiness or emplo#ment of
some other person or with the right of some other person to dispose of his capital of his
la"our as he wills.
+2, A registered %rade Fnion shall not "e lia"le in an# suit or other legal proceeding in
an# 0ivil 0ourt in respect of an# tortuous act done in contemplation or furtherance of a
trade dispute "# and agent of the %rade Fnion if it is proved that such person acted
without the 8nowledge of- or contrar# to- e.press instructions given "# the e.ecutive of
the %rade Fnion.
19. En92rce1:i6it@ 29 1>ree;ents 4otwithstanding an#thing contained in an# other
law for the time "eing in force- an agreement "etween the mem"ers of a registered
%rade Fnion shall not "e void or viola"le merel# "# reason of the fact that an# of the
o"9ects of the agreement is in restraint of trade)
$rovided that nothing in this section shall ena"le an# 0ivil 0ourt to entertain an# legal
proceeding instituted for the e.press purpose of enforcing or recovering damages for
the "reach of an# agreement concerning the conditions on which an# mem"er of a
%rade Fnion shall not sell their goods- transact "usiness- wor8- emplo# or "e emplo#ed.
*0. Ri>5t t2 inspect :22=s 29 Tr18e %ni2n %he account "oo8s of a registered %rade
Fnion and the list of mem"ers thereof shall "e open to inspection "# an [4ote)
/u"stituted "# %rade Fnions +Amendment, Act 4o.3= of 1962] or mem"er of the %rade
Fnion at such times as ma# "e provided for in the rules of %rade Fnion.
*1. Ri>5ts 29 ;in2rs t2 ;e;:ers5ip 29 Tr18e %ni2n An# person who has attained
the age of fifteen #ears ma# "e a mem"er of registered %rade Fnion su"9ect to an# rules
of the %rade Fnion to the contrar#- and ma#- su"9ect as aforesaid- en9o# all the rights of
a mem"er and e.ecute all instruments an give all ac5uaintances necessar# to "e
e.ecuted or given under the rules)
[4ote) $roviso omitted "# i"id.]
*1A. DisA<16i9ic1ti2n 29 299ice :e1rers 29 Tr18e %ni2n +1, A person shall "e
dis5ualified for "eing chosen as- and for "eing a mem"er of the e.ecutive or an# other
office*"earer or registered %rade Fnion if*
+i, De has not attained the age of eighteen #ears:
+ii, De has "een convicted "# a 0ourt in (ndia of an# offence involving moral turpitude
and sentenced to imprisonment- unless a period of five #ears has elapsed since his
release.
+2, An# mem"er of the e.ecutive or other office*"earer of a registered %rade Fnion who-
"efore the commencement of the (ndian %rade Fnion +Amendment, Act- 1962- has "een
convicted of an# offence involving moral turpitude and sentenced to imprisonment shall
on the date of such commencement- cease to "e such mem"er or office*"earer unless
a period of five #ears has elapsed since his release "efore the date].
+3, [+4ote) (ns. "# Act 4o.51 of 19<?, (n its application to the /tate of >ammu and
Hashmir references in su"*section +2, to an# legislative "od# constituted under the
0onstitution shall "e construed as including references to the Cegislature of that /tate].
**. Pr2p2rti2n 29 299ice:e1rers t2 :e c2ncerne8 Bit5 t5e in8<str@ 4ot less than
one half of the total num"er of the [/u"s. "# %rade Fnions +Amendment, Act 4o.31 of
1962] of ever# registered %rade Fnion shall "e persons actuall# engaged in an industr#
with which the %rade Fnion is convicted.
$rovided that the +appropriate 7overnment, ma#- "# special or general order declare
that the provisions of this section shall not appl# to an# %rade Fnion or class of %rade
Fnions specified in the order.
*!. C51n>e 29 n1;e An# registered %rade Fnion ma#- with the consent of not less
than two*thirds of the total num"er of its mem"ers and su"9ect to the provisions of
/ection 25 change its name.
*&. A;16>1;1ti2n 29 Tr18e %ni2n An# two or more registered %rade Fnions ma#
"ecome amalgamated together as one %rade Fnion with or without dissolution or
division of the funds of such %rade Fnions or either or an# of them- provided that the
votes of at least one*half of the mem"ers of each or ever# such %rade Fnion entitled to
vote are recorded- and that at least si.t# percent of the votes recorded are in favour of
the proposal.
*,. N2tice 29 c51n>e 29 n1;e 2r 1;16>1;1ti2ns +1, 4otice in writing of ever#
change of name and ever# amalgamation- signed- in the case of change of name- "#
the /ecretar# an "# seven mem"ers of the %rade Fnion changing its name and in the
case of an amalgamation "# the /ecretar# and "# seven mem"ers of each and ever#
%rade Fnion which is a part# thereto- shall "e sent to the 'egistrar- and where head
office of the amalgamated %rade Fnion is situated in a different +/tate,- to the 'egistrar
of such +/tate,.
+2, (f the proposed name is identical with that "# which an# other e.isting %rade Fnion
has "een registered or in the opinion of the 'egistrar so nearl# resem"les such name
as to "e li8el# to deceive the pu"lic or the mem"ers of either %rade Fnion- the 'egistrar
shall refuse to register the change of name.
+3, /ave as provided in su"*section +2,- the 'egistrar shall if he is satisfied that he
provisions of this Act in respect o change of name have "een complied with- register the
change of name in the register referred to in /ection =- and the change of name shall
have effect from the date of such registration.
+2, %he 'egistrar of the +/tate, in which the head office of the amalgamated %rade
Fnion is situated shall- if he is satisfied that the provisions of this Act in respect of
amalgamation have "een complied with and that the %rade Fnion formed there"# is
entitled to registration under /ection 6 register the %rade Fnion in the manner provided
in /ection =- and the amalgamation shall have effect from the date of such registration.
*6. E99ects 29 c51n>e in n1;e 1n8 29 1;16>1;1ti2n +1, %he change in the name of
a registered %rade Fnion shall not effect an# rights or o"ligation of the %rade Fnion or
render defective an# legal proceeding "# or against the %rade Fnion- and an# legal
proceeding which might have "een continued or commenced "# or against it "# its
former name ma# "e continued or commenced "# or against it "# its former name ma#
"e continued or commenced "# or against it "# its new name.
+2, An amalgamation of two or more registered %rade Fnions shall not pre9udice an#
right of an# such %rade Fnions or an# right of a creditor or an# of them.
*'. Diss26<ti2n +1, 6hen a registered %rade Fnion is dissolved- notice for the
dissolution signed "# seven mem"ers and "# the /ecretar# of the %rade Fnion shall-
within fourteen da#s of the dissolution- "e sent to the 'egistrar and shall "e registered
"# him if he is satisfied the dissolution has "een effected in accordance with the rules of
the %rade Fnion- and the dissolution shall have effect from the date of such regulation.
+2, 6here the dissolution of a registered %rade Fnion has "een registered and the rules
of the %rade Fnion do not provide for the distri"ution and funds of the %rade Fnion on
dissolution- the 'egistrar shall divide the funds amongst the mem"er in such manner as
ma# "e prescri"ed.
*(. Ret<rns +1, %here shall "e sent annuall# to the 'egistrar- on or "efore such date
as ma# "ee prescri"ed a general statement- audited in the prescri"ed manner- of all
receipts and e.penditure of ever# registered %rade Fnion during the #ear ending on 31
st

da# of [4ote) /u"s. "# %rade Fnion +Amendment, Act- 4o. 3= of 1962] ne.t preceding
such prescri"ed date- and of the assets and lia"ilities of the %rade Fnion e.isting on
such 31
st
da# of [4ote) /u"s. "# %rade Fnion +Amendment, Act- 4o. 3= of 1962]
+Eecem"er,. %he statement shall "e prepared in such form and shall comprise such
particulars as ma# "e prescri"ed.
+2, %rade Fnion during the #ear which the general statement refers- together also with
cop# of the rules of the %rade Fnion corrected upto the date of the dispatch thereof to
the 'egistrar.
+3, A cop# of ever# alteration made in the rules of a registered %rade Fnion shall "e sent
to the 'egistrar within fifteen da#s of ma8ing of the alteration.
+2, [4ote) Added "# Act 22 of 196?] For the purpose of e.amining the documents
referred to in su"sections +1,- +2, and +3,- the 'egistrar- or an# officer authori;ed "# him-
"# general or special order ma#- at all reasona"le times- inspect the certificate of
registration account "oo8s- registers- and other documents relating to a %rade Fnion- at
its registered office or ma# re5uire their production at such place as he ma# specif# in
this "ehalf- "ut no such place shall "e at a distance of more then ten miles from the
registered office of a %rade Fnion.
*9. P2Ber t2 ;1=e re><61ti2ns +1, %he [appropriate 7overnment] ma# ma8e
regulations for the purpose of carr#ing into effect the provisions of this Act.
+2, (n particular and without pre9udice to the generalit# of the generalit# of the foregoing
power- such regulations ma# provided for all r an# of the following matters- namel#:
+a, %he manner in which %rade Fnion and the rules of %rade Fnions shall "e registered
and the fees pa#a"le on registration:
+", %he transfer of registration in the case of an# registered %rade Fnion which has
changed its head office from one /tate to another:
+c, %he manner in which- and the 5ualifications of persons "# whom- accounts of
registered %rade Fnions or of an# class of such Fnions shall "e audited:
+d, %he conditions su"9ect to which inspection of documents 8ept "# 'egistrars shall "e
allowed and the fees which shall "e chargea"le in respect of such inspections: and
+e, An# matter which is to "e or ma# "e prescri"ed.
!0. P<:6ic1ti2n 29 re><61ti2ns +1, %he $ower to ma8e regulations conferred "#
section 29 is su"9ect to the condition of the regulations "eing made after previous
pu"lications.
+2, %he date to "e specified in accordance with clause +3, of section 23 of the 7eneral
0lauses Act- 192<- as that after which a draft of regulations proposed to "e made will "e
ta8en into consideration shall not "e less than three months from the date on which the
draft of the proposed regulations was pu"lished for general information.
+3, 'egulations so made shall "e pu"lished in the +Official 7a;ette, and on such
pu"lication shall have effect as if enacted in this Act.
!1. #1i6<re t2 s<:;it ret<rns +1, (f default is made on the part of an# registered
%rade Fnion in giving an# notice or sending an# statement or other document as
re5uired "# or under an# provision of this Act- ever# +office*"earer, or other person
"ound "# the rules of the %rade Fnion to give or send the same or if there is no such
[/u"s. "# %rade Fnions +Amendment, Act 4o.3= of 1961] or person- ever# mem"er of
the e.ecutive of the %rade Fnion- shall "e punisha"le with fine which ma# e.tend to five
rupees and in the case of a continuing default- with an additional fine which ma# e.tend
to five rupees for each wee8 after the first during which the default continues)
$rovided that the aggregate fine shall not e.ceed fift# rupees.
+2, An# person who willfull# ma8es- or causes to "e made- an# false entr# in- or an#
omission from the general statement re5uired "# section 2=- or in or form an# cop# of
rules or of alterations of rules sent to the 'egistrar under that /ection- shall "e
punisha"le with fine which ma# e.tend to five hundred rupees.
!*. S<pp6@in> 916se in92r;1ti2n re>1r8in> Tr18e %ni2n An# person who- wit intent
to deceive- gives to an# mem"er of a registered %rade Fnion or to an# document
purporting or appl#ing to "ecome a mem"er of such %rade Fnion- an# document
purporting to "e a cop# of the rules of the %rade Fnion or of an# alterations to the same
which he 8nows- or has reason to "elieve- is not a correct cop# of such rules or
alterations as are for the time "eing in force- or an# person who- with the li8e intent
gives a cop# of an# rules of an unregistered %rade Fnion to an# person on the pretence
that such rules are the rules of a registered %rade Fnion- shall "e punisha"le with fine
which ma# e.tend to two hundred rupees.
!!. C2>niH1nce 29 299ence +1, 4o court inferior to that of a $residenc# Aagistrate or
a Aagistrate of the first class shall tr# an# offence under this Act.
+2, 4o court shall ta8e cogni;ance of an# offence under this Act unless complaint
thereof has "een made "# or with the previous sanction 32- "# the person to whom the
cop# was given- within si. months of the date on which the offence is alleged to have
"een committed.
10] T5e P1@;ent 29 $r1t<it@ Act, 19'*
PREAMBLE [39 OF 19<2]
An Act to provide for a scheme for the pa#ment of gratuit# to emplo#ees engaged in
factories- mines- oilfields- plantations- ports- railwa# companies- shops or other
esta"lishments and for matters connected therewith or incidental thereto.
! it enacted "# $arliament in the %went#*third &ear of 'epu"lic of (ndia as follows )*
1. SHORT TITLE, EXTENT, APPLICATION AND COMMENCEMENT. +1, %his Act
ma# "e called the $a#ment of 7ratuit# Act- 19<2.
+2, (t e.tends to the whole of (ndia ) $rovided that in so far as it relates to plantations or
ports- it shall not e.tend to the /tate of >ammu and Hashmir.
+3, (t shall appl# to * +a, ever# factor#- mine- oilfield- plantation- port and railwa#
compan#:
+", ever# shop or esta"lishment within the meaning of an# law for the time "eing in force
in relation to shops and esta"lishments in a /tate- in which ten or more persons are
emplo#ed- or were emplo#ed- on an# da# of the preceding twelve months:
+c, such other esta"lishments or class of esta"lishments- in which ten or more
emplo#ees are emplo#ed- or were emplo#ed- on an# da# of the preceding twelve
months- as the 0entral 7overnment ma#- "# notification- specif# in this "ehalf.
+3A, A shop or esta"lishment to which this Act has "ecome applica"le shall continue to
"e governed "# this Act notwithstanding that the num"er of persons emplo#ed therein at
an# time after it has "ecome so applica"le falls "elow ten.
+2, (t shall come into force on such date as the 0entral 7overnment ma#- "# notification-
appoint.
*. DE#INITIONS. (n this Act- unless the conte.t otherwise re5uires- * +a, 1appropriate
7overnment1 means- * +i, in relation to an esta"lishment * +a, "elonging to- or under the
control of- the 0entral 7overnment-
+", having "ranches in more than one /tate-
+c, of a factor# "elonging to- or under the control of- the 0entral 7overnment-
+d, of a ma9or port- mine- oilfield or railwa# compan#- the 0entral 7overnment- +ii, in an#
other case- the /tate 7overnment:
+", 1completed #ear of service1 means continuous service for one #ear:
+c, 1continuous service1 means continuous service as defined in section 2A:
+d, 1controlling authorit#1 means an authorit# appointed "# the appropriate 7overnment
under section 3:
+e, 1emplo#ee1 means an# person +other than an apprentice, emplo#ed on wages- in
an# esta"lishment- factor#- mine- oilfield- plantation- port- railwa# compan# or shop- to
do an# s8illed- semi*s8illed- or uns8illed- manual- supervisor#- technical or clerical wor8-
whether the terms of such emplo#ment are e.press or implied- and whether or not such
person is emplo#ed in a managerial or administrative capacit#- "ut does not include an#
such person who holds a post under the 0entral 7overnment or a /tate 7overnment
and is governed "# an# other Act or "# an# rules providing for pa#ment of gratuit#.
!.planation ) +f, 1emplo#er1 means- in relation to an# esta"lishment- factor#- mine-
oilfield- plantation- port- railwa# compan# or shop * +i, "elonging to- or under the control
of- the 0entral 7overnment or a /tate 7overnment- a person or authorit# appointed "#
the appropriate 7overnment for the supervision and control of emplo#ees- or where no
person or authorit# has "een so appointed- the head of the Ainistr# or the Eepartment
concerned-
+ii, "elonging to- or under the control of- an# local authorit#- the person appointed "#
such authorit# for the supervision and control of emplo#ees or where no person has
"een so appointed- the chief e.ecutive office of the local authorit#-
+iii, in an# other case- the person- who- or the authorit# which- has the ultimate control
over the affairs of the esta"lishment- factor#- mine- oilfield- plantation- port- railwa#
compan# or shop- and where the said affairs are entrusted to an# other person- whether
called a manager- managing director or "# an# other name- such person:
+g, 1factor#1 has the meaning assigned to it in clause +m, of section 2 of the Factories
Act- 192= +63 of 192=,:
+h, 1famil#1- in relation to an emplo#ee- shall "e deemed to consist of * +i, in the case of
a male emplo#ee- himself- his wife- his children- whether married or unmarried- his
dependent parents and the dependent parents of his wife and the widow and children of
his predeceased son- if an#-
+ii, in the case of a female emplo#ee- herself- her hus"and- her children- whether
married or unmarried- her dependent parents and the dependent parents of her
hus"and and the widow and children of her predeceased son- if an# )
!.planation ) 6here the personal law of an emplo#ee permits the adoption "# him of a
child- an# child lawfull# adopted "# him shall "e deemed to "e included in his famil#-
and where a child of an emplo#ee has "een adopted "# another person and such
adoption is- under the personal law of the person ma8ing such adoption- lawful- such
child shall "e deemed to "e e.cluded from the famil# of the emplo#ee:
+i, 1ma9or port1 has the meaning assigned to it in clause +=, of section 3 of the (ndian
$orts Act- 19?= +15 of 19?=,:
+9, 1mine1 has the meaning assigned to it in clause +9, of su"*section +1, of section 2 of
the Aines Act- 1952 +35 of 1952,:
+8, 1notification1 means a notification pu"lished in the Official 7a;ette:
+l, 1oilfield1 has the meaning assigned to it in clause +e, of section 3 of the Oilfields
+'egulation and Eevelopment, Act- 192= +53 of 192=,:
+m, 1plantation1 has the meaning assigned to it in clause +f, of section 2 of the
$lantations Ca"our Act- 1951 +69 of 1951,:
+n, 1port1 has the meaning assigned to it in clause +2, of section 3 of the (ndian $orts
Act- 19?= +15 of 19?=,:
+o, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+p, 1railwa# compan#1 has the meaning assigned to it in clause +5, of section 3 of the
(ndian 'ailwa#s Act- 1=9? +9 of 1=9?,:
+5, 1retirement1 means termination of the service of an emplo#ee otherwise than on
superannuation:
+r, 1superannuation1- in relation to an emplo#ee- means the attainment "# the emplo#ee
of such age as is fi.ed in the contract or conditions of service at the age on the
attainment of which the emplo#ee shall vacate the emplo#ment:
+s, 1wages1 means all emoluments which are earned "# an emplo#ee while on dut# or
on leave in accordance with the terms and conditions of his emplo#ment and which are
paid or are pa#a"le to him in cash and includes dearness allowance "ut does not
include an# "onus- commission- house rent allowance- overtime wages and an# other
allowance.
*A. CONTIN%O%S SER"ICE. For the purposes of this Act- * +1, an emplo#ee shall "e
said to "e in continuous service for a period if he has- for that period- "een in
uninterrupted service- including service which ma# "e interrupted on account of
sic8ness- accident- leave- a"sence from dut# without leave +not "eing a"sence in
respect of which an order treating the a"sence as "rea8 in service has "een passed in
accordance with the standing order- rules or regulations governing the emplo#ees of the
esta"lishment,- la# off- stri8e or a loc8*out or cessation of wor8 not due to an# fault of
the emplo#ee- whether such uninterrupted or interrupted service was rendered "efore or
after the commencement of this Act.
+2, where an emplo#ee +not "eing an emplo#ee emplo#ed in a seasonal esta"lishment,
is not in continuous service within the meaning of clause +1,- for an# period of one #ear
or si. months- he shall "e deemed to "e in continuous service under the emplo#er * +a,
for the said period of one #ear- if the emplo#ee during the period of twelve calendar
months preceding the date with reference to which calculation is to "e made- has
actuall# wor8ed under the emplo#er for not less than * +i, one hundred and ninet# da#s-
in the case of an emplo#ee emplo#ed "elow the ground in a mine or in an esta"lishment
which wor8s for less than si. da#s in a wee8: and +ii, two hundred and fort# da#s- in an#
other case:
+", for the said period of si. months- if the emplo#ee during the period of si. calendar
months preceding the date with reference to which the calculation is to "e made- has
actuall# wor8ed under the emplo#er for not less than * +i, ninet#*five da#s- in the case of
an emplo#ee emplo#ed "elow the ground in a mine or in an esta"lishment which wor8s
for less than si. da#s in a wee8: and
+ii, one hundred and twent# da#s- in an# other case:
!.planation ) For the purpose of clause +2,- the num"er of da#s on which an emplo#ee
has actuall# wor8ed under an emplo#er shall include the da#s on which * +i, he has
"een laid*off under an agreement or as permitted "# standing orders made under the
(ndustrial !mplo#ment +/tanding OrderBs, Act- 1926 +2? of 1926,- or under the (ndustrial
Eisputes Act- 192< +12 of 192<,- or under an# other law applica"le to the esta"lishment:
+ii, he has "een on leave with full wages- earned in the previous #ear:
+iii, he has "een a"sent due to temporar# disa"lement caused "# accident arising out of
and in the course of his emplo#ment: and
+iv, in the case of a female- she has "een on maternit# leave: so- however- that the total
period of such maternit# leave does not e.ceed twelve wee8s.
+3, where an emplo#ee emplo#ed in a seasonal esta"lishment- is not in continuous
service within the meaning of clause +1,- for an# period of one #ear or si. months- he
shall "e deemed to "e in continuous service under the emplo#er for such period if he
has actuall# wor8ed for not less than sevent#*five per cent of the num"er of da#s on
which the esta"lishment was in operation during such period.
!. CONTROLLIN$ A%THORIT). %he appropriate 7overnment ma#- "# notification-
appoint an# officer to "e a controlling authorit#- who shall "e responsi"le for the
administration of this Act and different controlling authorities ma# "e appointed for
different areas.
&. PA)MENT O# $RAT%IT). +1, 7ratuit# shall "e pa#a"le to an emplo#ee on the
termination of his emplo#ment after he has rendered continuous service for not less
than five #ears- * +a, on his superannuation- or
+", on his retirement or resignation- or
+c, on his death or disa"lement due to accident or disease ) $rovided that the
completion of continuous service of five #ears shall not "e necessar# where the
termination of the emplo#ment of an# emplo#ee is due to death or disa"lement )
$rovided further that in the case of death of the emplo#ee- gratuit# pa#a"le to him shall
"e paid to his nominee or- if no nomination has "een made- to his heirs- and where an#
such nominees or heirs is a minor- the share of such minor- shall "e deposited with the
controlling authorit# who shall invest the same for the "enefit of such minor in such "an8
or other financial institution- as ma# "e prescri"ed- until such minor attains ma9orit#.
!.planation ) For the purposes of this section- disa"lement means such disa"lement as
incapacitates an emplo#ee for the wor8 which he was capa"le of performing "efore the
accident or disease resulting in such disa"lement.
+2, For ever# completed #ear of service or part thereof in e.cess of si. months- the
emplo#er shall pa# gratuit# to an emplo#ee at the rate of fifteen da#sB wages "ased on
the rate of wages last drawn "# the emplo#ee concerned ) $rovided that in the case of a
piece*rated emplo#ee- dail# wages shall "e computed on the average of the total wages
received "# him for a period of three months immediatel# preceding the termination of
his emplo#ment- and- for this purpose- the wages paid for an# overtime wor8 shall not
"e ta8en into account )
$rovided further that in the case of an emplo#ee who is emplo#ed in a seasonal
esta"lishment and who is not so emplo#ed throughout the #ear- the emplo#er shall pa#
the gratuit# at the rate of seven da#sB wages for each season.
!.planation ) (n the case of a monthl# rated emplo#ee- the fifteen da#sB wages shall "e
calculated "# dividing the monthl# rate of wages last drawn "# him "# twent#*si. and
multipl#ing the 5uotient "# fifteen.
+3, %he amount of gratuit# pa#a"le to an emplo#ee shall not e.ceed three la8hs and fift#
thousand rupees.
+2, For the purpose of computing the gratuit# pa#a"le to an emplo#ee who is emplo#ed-
after his disa"lement- on reduced wages- his wages for the period preceding his
disa"lement shall "e ta8en to "e the wages received "# him during that period- and his
wages for the period su"se5uent to his disa"lement shall "e ta8en to "e the wages as
so reduced.
+5, 4othing in this section shall affect the right of an emplo#ee to receive "etter terms of
gratuit# under an# award or agreement or contract with the emplo#er.
+6, 4otwithstanding an#thing contained in su"*section +1,- * +a, the gratuit# of an
emplo#ee- whose services have "een terminated for an# act- willful omission or
negligence causing an# damage or loss to- or destruction of- propert# "elonging to the
emplo#er- shall "e forfeited to the e.tent of the damage or loss so caused.
+", the gratuit# pa#a"le to an emplo#ee ma# "e wholl# or partiall# forfeited * +i, if the
services of such emplo#ee have "een terminated for his riotous or disorderl# conduct or
an# other act of violence on his part- or
+ii, if the services of such emplo#ee have "een terminated for an# act which constitutes
an offence involving moral turpitude- provided that such offence is committed "# him in
the course of his emplo#ment.
&A. COMP%LSOR) INS%RANCE. +1, 6ith effect from such date as ma# "e notified
"# the appropriate 7overnment in this "ehalf- ever# emplo#er- other than an emplo#er
or an esta"lishment "elonging to- or under the control of- the 0entral 7overnment or a
/tate 7overnment- shall- su"9ect to the provisions of su"*section +2,- o"tain an
insurance in the manner prescri"ed- for his lia"ilit# for pa#ment towards the gratuit#
under this Act- from the Cife (nsurance 0orporation of (ndia esta"lished under the Cife
(nsurance 0orporation of (ndia Act- 1956 +31 of 1956, or an# other prescri"ed insurer )
$rovided that different dates ma# "e appointed for different esta"lishments or class of
esta"lishments or for different areas.
+2, %he appropriate 7overnment ma#- su"9ect to such conditions as ma# "e prescri"ed-
e.empt ever# emplo#er who had alread# esta"lished an approved gratuit# fund in
respect of his emplo#ees and who desires to continue such arrangement- and ever#
emplo#er emplo#ing five hundred or more persons who esta"lishes an approved
gratuit# fund in the manner prescri"ed from the provisions of su"*section +1,.
+3, For the purpose of effectivel# implementing the provisions of this section- ever#
emplo#er shall within such time as ma# "e prescri"ed get his esta"lishment registered
with the controlling authorit# in the prescri"ed manner and no emplo#er shall "e
registered under the provisions of this section unless he has ta8en an insurance
referred to in su"*section +1, or has esta"lished an approved gratuit# fund referred to in
su"*section +2,.
+2, %he appropriate 7overnment ma#- "# notification- ma8e rules to give effect to the
provisions of this section and such rules ma# provide for the composition of the oard of
%rustees of the approved gratuit# fund and for the recover# "# the controlling authorit#
of the amount of the gratuit# pa#a"le to an emplo#ee from the Cife (nsurance
0orporation of (ndia or an# other insurer with whom an insurance has "een ta8en under
su"*section +1,- or as the case ma# "e- the oard of %rustees of the approved gratuit#
fund.
+5, 6here an emplo#er fails to ma8e an# pa#ment "# wa# of premium to the insurance
referred to in su"*section +1, or "# wa# of contri"ution to an approved gratuit# fund
referred to in su"*section +2,- he shall "e lia"le to pa# the amount of gratuit# due under
this Act +including interest- if an#- for dela#ed pa#ments, forthwith to the controlling
authorit#.
+6, 6hoever contravenes the provisions of su"*section +5, shall "e punisha"le with fine
which ma# e.tend to ten thousand rupees and in the case of a continuing offence with a
further fine which ma# e.tend to one thousand rupees for each da# during which the
offence continues.
!.planation ) (n this section 1approved gratuit# fund1 shall have the same meaning as in
clause +5, of section 2 of the (ncome*ta. Act- 1961 +23 of 1961,.
,. PO+ER TO EXEMPT. +1, %he appropriate 7overnment ma#- "# notification- and
su"9ect to such conditions as ma# "e specified in the notification- e.empt an#
esta"lishment- factor#- mine- oilfield- plantation- port- railwa# compan# or shop to which
this Act applies from the operation of the provisions of this Act if- in the opinion of the
appropriate 7overnment- the emplo#ees in such esta"lishment- factor#- mine- oilfield-
plantation- port- railwa# compan# or shop are in receipt of gratuit# or pensionar#
"enefits not less favoura"le than the "enefits conferred under this Act.
+2, %he appropriate 7overnment ma#- "# notification and su"9ect to such conditions as
ma# "e specified in the notification- e.empt an# emplo#ee or class of emplo#ees
emplo#ed in an# esta"lishment- factor#- mine- oilfield- plantation- port- railwa# compan#
or shop to which this Act applies from the operation of the provisions of this Act- if- in the
opinion of the appropriate 7overnment- such emplo#ee or class of emplo#ees are in
receipt of gratuit# or pensionar# "enefits not less favoura"le than the "enefits conferred
under this Act.
+3, A notification issued under su"*section +1, or su"*section +2, ma# "e issued
retrospectivel# a date not earlier than the date of commencement of this Act- "ut no
such notification shall "e issued so as to pre9udiciall# affect the interests of an# person.
6. NOMINATION. +1, !ach emplo#ee- who has completed one #ear of service- shall
ma8e- within such time- in such form and in such manner- as ma# "e prescri"ed-
nomination for the purpose of the second proviso to su"*section +1, of section 2.
+2, An emplo#ee ma# in his nomination- distri"ute the amount of gratuit# pa#a"le to him-
under this Act amongst more than one nominee.
+3, (f an emplo#ee has a famil# at the time of ma8ing a nomination- the nomination shall
"e made in favour of one or more mem"ers of his famil#- and an# nomination made "#
such emplo#ee in favour of a person who is not a mem"er of his famil#- shall "e void.
+2, (f at the time of ma8ing a nomination the emplo#ee has no famil#- the nomination
ma# "e made in favour of an# person or persons "ut if the emplo#ee su"se5uentl#
ac5uires a famil#- such nomination shall forthwith "ecome invalid and the emplo#ee
shall ma8e- within such time as ma# "e prescri"ed- a fresh nomination in favour of one
or more mem"ers of his famil#.
+5, A nomination ma#- su"9ect to the provisions of su"*sections +3, and +2,- "e modified
"# an emplo#ee at an# time- after giving to his emplo#er a written notice in such form
and in such manner as ma# "e prescri"ed- of his intention to do so.
+6, (f a nominee predeceases the emplo#ee- the interest of the nominee shall revert to
the emplo#ee who shall ma8e a fresh nomination- in the prescri"ed form- in respect of
such interest.
+<, !ver# nomination- fresh nomination or alteration of nomination- as the case ma# "e-
shall "e sent "# the emplo#ee to his emplo#er- who shall 8eep the same in his safe
custod#.
'. DETERMINATION O# THE AMO%NT O# $RAT%IT). +1, A person who is eligi"le
for pa#ment of gratuit# under this Act or an# person authorised- in writing- to act on his
"ehalf shall send a written application to the emplo#er- within such time and in such
form- as ma# "e prescri"ed- for pa#ment of such gratuit#.
+2, As soon as gratuit# "ecomes pa#a"le- the emplo#er shall- whether an application
referred to in su"*section +1, has "een made or not- determine the amount of gratuit#
and give notice in writing to the person to whom the gratuit# is pa#a"le and also to the
controlling authorit# specif#ing the amount of gratuit# so determined.
+3, %he emplo#er shall arrange to pa# the amount of gratuit# within thirt# da#s from the
date it "ecomes pa#a"le to the person to whom the gratuit# is pa#a"le.
+3A, (f the amount of gratuit# pa#a"le under su"*section +3, is not paid "# the emplo#er
within the period specified in su"*section +3,- the emplo#er shall pa#- from the date on
which the gratuit# "ecomes pa#a"le to the date on which it is paid- simple interest at
such rate- not e.ceeding the rate notified "# the 0entral 7overnment from time to time
for repa#ment of long*term deposits- as that 7overnment ma#- "# notification specif# )
$rovided that no such interest shall "e pa#a"le if the dela# in the pa#ment is due to the
fault of the emplo#ee and the emplo#er has o"tained permission in writing from the
controlling authorit# for the dela#ed pa#ment on this ground.
+2, +a, (f there is an# dispute as to the amount of gratuit# pa#a"le to an emplo#ee under
this Act or as to the admissi"ilit# of an# claim of- or in relation to- an emplo#ee for
pa#ment of gratuit#- or as to the person entitled to receive the gratuit#- the emplo#er
shall deposit with the controlling authorit# such amount as he admits to "e pa#a"le "#
him as gratuit#.
+", 6here there is a dispute with regard to an# matter or matters specified in clause +a,-
the emplo#er or emplo#ee or an# other person raising the dispute ma# ma8e an
application to the controlling authorit# for deciding the dispute.
+c, %he controlling authorit# shall- after due in5uir# and after giving the parties to the
dispute a reasona"le opportunit# of "eing heard- determine the matter or matters in
dispute and if- as a result of such in5uir# an# amount is found to "e pa#a"le to the
emplo#ee- the controlling authorit# shall direct the emplo#er to pa# such amount or- as
the case ma# "e- such amount as reduced "# the amount alread# deposited "# the
emplo#er.
+d, %he controlling authorit# shall pa# the amount deposited- including the e.cess
amount- if an#- deposited "# the emplo#er- to the person entitled thereto.
+e, As soon as ma# "e after a deposit is made under clause +a,- the controlling authorit#
shall pa# the amount of the deposit * +i, to the applicant where he is the emplo#ee: or
+ii, where the applicant is not the emplo#ee- to the nominee or- as the case ma# "e- the
guardian of such nominee or heir of the emplo#ee if the controlling authorit# is satisfied
that there is no dispute as to the right of the applicant to receive the amount of gratuit#.
+5, For the purpose of conducting an in5uir# under su"*section +2,- the controlling
authorit# shall have the same powers as are vested in a court- while tr#ing a suit- under
the 0ode of 0ivil $rocedure- 19?= +5 of 19?=,- in respect of the following matters-
namel# )* +a, enforcing the attendance of an# person or e.amining him on oath:
+", re5uiring the discover# and production of documents:
+c, receiving evidence on affidavits:
+d, issuing commissions for the e.amination of witnesses.
+6, An# in5uir# under this section shall "e a 9udicial proceeding within the meaning of
sections 193 and 22=- and for the purpose of section 196- of the (ndian $enal 0ode-
1=6? +25 of 1=6?,.
+<, An# person aggrieved "# an order under su"*section +2, ma#- within si.t# da#s from
the date of the receipt of the order- prefer an appeal to the appropriate 7overnment or
such other authorit# as ma# "e specified "# the appropriate 7overnment in this "ehalf )
$rovided that the appropriate 7overnment or the appellate authorit#- as the case ma#
"e- ma#- if it is satisfied that the appellant was prevented "# sufficient cause from
preferring the appeal within the said period of si.t# da#s- e.tend the said period "# a
further period of si.t# da#s.
$rovided further that no appeal "# an emplo#er shall "e admitted unless at the time of
preferring the appeal- the appellant either produces a certificate of the controlling
authorit# to the effect that the appellant has deposited with him an amount e5ual to the
amount of gratuit# re5uired to "e deposited under su"*section +2,- or deposits with the
appellate authorit# such amount.
+=, %he appropriate 7overnment or the appellate authorit#- as the case ma# "e- ma#-
after giving the parties to the appeal a reasona"le opportunit# of "eing heard- confirm-
modif# or reverse the decision of the controlling authorit#.
'A. INSPECTORS. +1, %he appropriate 7overnment ma#- "# notification- appoint as
man# (nspectors- as it deems fit- for the purposes of this Act.
+2, %he appropriate 7overnment ma#- "# general or special order- define the area to
which the authorit# of an (nspector so appointed shall e.tend and where two or more
(nspectors are appointed for the same area- also provide- "# such order- for the
distri"ution or allocation of wor8 to "e performed "# them under this Act.
+3, !ver# (nspector shall "e deemed to "e a pu"lic servant within the meaning of
section 21 of the (ndian $enal 0ode- 1=6? +25 of 1=6?,.
'B. PO+ERS O# INSPECTORS. +1, /u"9ect to an# rules made "# the appropriate
7overnment in this "ehalf- an (nspector ma#- for the purpose of ascertaining
whether an# of the provisions of this Act or the conditions- if an#- of an# e.emption
granted thereunder- have "een complied with- e.ercise all or an# of the following
powers- namel# )* +a, re5uire an emplo#er to furnish such information as he ma#
consider necessar#:
+", enter and inspect- at all reasona"le hours- with such assistants +if an#,- "eing
persons in the service of the 7overnment or local or an# pu"lic authorit#- as he
thin8s fit- an# premises of or place in an# factor#- mine- oilfield- plantation- port-
railwa# compan#- shop or other esta"lishment to which this Act applies- for the
purpose of e.amining an# register- record or notice or other document re5uired to
"e 8ept or e.hi"ited under this Act or the rules made thereunder- or otherwise 8ept
or e.hi"ited in relation to the emplo#ment of an# person or the pa#ment of gratuit#
to the emplo#ees- and re5uire the production thereof for inspection:
+c, e.amine with respect to an# matter relevant to an# of the purposes aforesaid-
the emplo#er or an# person whom he finds in such premises or place and who- he
has reasona"le cause to "elieve- is an emplo#ee emplo#ed therein:
+d, ma8e copies of- or ta8e e.tracts from- an# register- record- notice or other
document- as he ma# consider relevant- and where he has reason to "elieve that
an# offence under this Act has "een committed "# an emplo#er- search and sei;e
with such assistance as he ma# thin8 fit- such register- record- notice or other
document as he ma# consider relevant in respect of that offence:
+e, e.ercise such other powers as ma# "e prescri"ed.
+2, An# person re5uired to produce an# register- record- notice or other document or
to give an# information "# an (nspector under su"*section +1, shall "e deemed to "e
legall# "ound to do so within the meaning of sections 1<5 and 1<6 of the (ndian
$enal 0ode 1=6? +25 of 1=6?,.
+3, %he provisions of the 0ode of 0riminal $rocedure- 19<3 +2 of 19<2, shall so far
as ma# "e- appl# to an# search or sei;ure under this section as the# appl# to an#
search or sei;ure made under the authorit# of a warrant issued under section 92 of
that 0ode.
(. RECO"ER) O# $RAT%IT). (f the amount of gratuit# pa#a"le under this Act is not
paid "# the emplo#er- within the prescri"ed time- to the person entitled thereto- the
controlling authorit# shall- on an application made to it in this "ehalf "# the aggrieved
person- issue a certificate for that amount to the 0ollector- who shall recover the same-
together with compound interest thereon at such rate as the 0entral 7overnment ma#-
"# notification- specif#- from the date of e.pir# of the prescri"ed time- as arrears of land
revenue and pa# the same to the person entitled thereto )
$rovided that the controlling authorit# shall- "efore issuing a certificate under this
section- give the emplo#er a reasona"le opportunit# of showing cause against the issue
of such certificate )
$rovided further that the amount of interest pa#a"le under this section shall- in no case
e.ceed the amount of gratuit# pa#a"le under this Act.
9. PENALTIES. +1, 6hoever- for the purpose of avoiding an# pa#ment to "e made "#
himself under this Act or of ena"ling an# other person to avoid such pa#ment- 8nowingl#
ma8es or causes to "e made an# false statement or false representation shall "e
punisha"le with imprisonment for a term which ma# e.tend to si. months- or with fine
which ma# e.tend to ten thousand rupees or with "oth.
+2, An emplo#er who contravenes- or ma8es default in compl#ing with- an# of the
provisions of this Act or an# rule or order made thereunder shall "e punisha"le with
imprisonment for a term which shall not "e less than three months "ut which ma#
e.tend to one #ear- or with fine which shall not "e less than ten thousand rupees "ut
which ma# e.tend to twent# thousand rupees- or with "oth )
$rovided that where the offence relates to non*pa#ment of an# gratuit# pa#a"le under
this Act- the emplo#er shall "e punisha"le with imprisonment for a term which shall not
"e less than si. months "ut which ma# e.tend to two #ears unless the court tr#ing the
offence- for reasons to "e recorded "# it in writing- is of opinion that a lesser term of
imprisonment or the imposition of a fine would meet the ends of 9ustice.
10. EXEMPTION O# EMPLO)ER #ROM LIABILIT) IN CERTAIN CASES. 6here an
emplo#er is charged with an offence punisha"le under this Act- he shall "e entitled-
upon complaint dul# made "# him and on giving to the complainant not less than three
clear da#sB notice in writing of his intention to do so- to have an# other person whom he
charges as the actual offender "rought "efore the court at the time appointed for
hearing the charge: and if- after the commission of the offence has "een proved- the
emplo#er proves to the satisfaction of the court * +a, that he has used due diligence to
enforce the e.ecution of this Act- and
+", that the said other person committed the offence in 5uestion without his 8nowledge-
consent or connivance- that other person shall "e convicted of the offence and shall "e
lia"le to the li8e punishment as if he were the emplo#er and the emplo#er shall "e
discharged from an# lia"ilit# under this Act in respect of such offence )
$rovided that in see8ing to prove as aforesaid- the emplo#er ma# "e e.amined on oath
and his evidence and that of an# witness whom he calls in his support shall "e su"9ect
to cross*e.amination on "ehalf of the person he charges as the actual offender and "#
the prosecutor )
$rovided further that- if the person charged as the actual offender "# the emplo#er
cannot "e "rought "efore the court at the time appointed for hearing the charge- the
court shall ad9ourn the hearing from time to time for a period not e.ceeding three
months and if "# the end of the said period the person charged as the actual offender
cannot still "e "rought "efore the court- the court shall proceed to hear the charge
against the emplo#er and shall- if the offence "e proved- convict the emplo#er.
11. CO$NIIANCE O# O##ENCES. +1, 4o court shall ta8e cogni;ance of an# offence
punisha"le under this Act save on a complaint made "# or under the authorit# of the
appropriate 7overnment ) $rovided that where the amount of gratuit# has not "een
paid- or recovered- within si. months from the e.pir# of the prescri"ed time- the
appropriate 7overnment shall authorise the controlling authorit# to ma8e a complaint
against the emplo#er- whereupon the controlling authorit# shall- within fifteen da#s from
the date of such authorisation- ma8e such complaint to a Aagistrate having 9urisdiction
to tr# the offence.
+2, 4o court inferior to that of a Aetropolitan Aagistrate or a >udicial Aagistrate of the
first class shall tr# an# offence punisha"le under this Act.
1*. PROTECTION O# ACTION TA-EN IN $OOD #AITH. 4o suit or other legal
proceeding shall lie against the controlling authorit# or an# other person in respect of
an#thing which is in good faith done or intended to "e done under this Act or an# rule or
order made thereunder.
1!. PROTECTION O# $RAT%IT). 4o gratuit# pa#a"le under this Act and no gratuit#
pa#a"le to an emplo#ee emplo#ed in an# esta"lishment- factor#- mine- oilfield-
plantation- port- railwa# compan# or shop e.empted under section 5 shall "e lia"le to
attachment in e.ecution of an# decree or order of an# civil- revenue or criminal court.
1&. ACT TO O"ERRIDE OTHER ENACTMENTS, ETC. %he provisions of this Act or
an# rule made thereunder shall have effect notwithstanding an#thing inconsistent
therewith contained in an# enactment other than this Act or in an# instrument or contract
having effect "# virtue of an# enactment other than this Act.
1,. PO+ER TO MA-E R%LES. +1, %he appropriate 7overnment ma#- "# notification
ma8e rules for the purpose of carr#ing out the provisions of this Act. +2, !ver# rule made
"# the 0entral 7overnment under this Act shall "e laid- as soon as ma# "e after it is
made- "efore each Douse of $arliament while it is in session- for a total period of thirt#
da#s which ma# "e comprised in one session or in two or more successive sessions-
and if- "efore the e.pir# of the session immediatel# following the session or the
successive sessions aforesaid- "oth Douses agree in ma8ing an# modification in the
rule or "oth Douses agree that the rule should not "e made- the rule shall- thereafter-
have effect onl# in such modified form or "e of no effect as the case ma# "e: so-
however- that an# such modification or annulment shall "e without pre9udice to the
validit# of an#thing previousl# done under that rule.
11] EMPLO)EES. PRO"IDENT #%NDS J MISCELLANEO%S PRO"ISIONS ACT,
19,*
!A$CO&!!/B $'O@(E!4% FF4E/ I A(/0!CCA4!OF/ $'O@(/(O4/ A0%- 1952
1. /hort title- e.tent and application
2. Eefinitions
6
[2A. !sta"lishment to include all departments and "ranches
3
[3. $ower to appl# the Act to an esta"lishment which has a common provident fund with
another esta"lishment
2. $ower to add to /chedule (
5. !mplo#ees $rovident Funds /cheme
26
[5A. 0entral oard
9
[5AA. !.ecutive 0ommittee
26
[5. /tate oard
26
[50. oard of %rustees to "e "od# corporate
26
[5E. Appointment of officers
9
[5EE. Acts and proceedings of the 0entral oard or its !.ecutive 0ommittee or the
/tate oard not to "e invalidated on certain grounds
26
[5!. Eelegation
6. 0ontri"utions and matters which ma# "e provided for in the /cheme
2=
[6A. !mplo#eesB $ension /cheme
6. GGG ]
11
[60. !mplo#eesB Eeposit Cin8ed insurance /cheme
5?
[6E. Ca#ing of /chemes "efore $arliament
<. Aodification of /cheme
26
[<A. Eetermination of mone#s due from emplo#ers
52
[<. 'eview of orders passed under section <A
<0. Eetermination of escaped amount
<E. !mplo#eesB $rovident Funds Appellate %ri"unal
<!. %erm of office
<F. 'esignation
<7. /alar# and allowances and other terms and conditions of service of $residing
Officer
<D. /taff of %ri"unal
<*(. Appeals to %ri"unal
<>. $rocedure of %ri"unal
<H. 'ight of appellant to ta8e assistance of legal practitioner and of government- etc. to
appoint presenting officers
<C. Orders of %ri"unal
<A. Filling up of vacancies
<4. Finalit# of orders constituting a %ri"unal
<*O. Eeposit of amount due- on filing appeal
<$. %ransfer of certain applications to %ri"unal
<M. (nterest pa#a"le "# the emplo#er
56
[=. Aode of recover# of mone#s due from emplo#ers
26
[=A. 'ecover# of mone#s "# emplo#ers and contractors
62
[=. (ssue of certificate to the 'ecover# Officer
=0. 'ecover# Officer to whom certificate is to "e forwarded
=E. @alidit# of certificate and amendment thereof
=!. /ta# of proceedings under certificate and amendment or withdrawal thereof
=F. Other modes of recover#
=7. Application of certain provisions of (ncome %a. Act
66
[9. Fund to "e recognised under Act 11 of 1922
1?. $rotection against attachment
11. $riorit# of pa#ment of contri"utions over other de"ts
<3
[12. !mplo#er not to reduce wages- etc.
13. (nspectors
12. $enalties
125
[12A. Offences "# companies
129
[12AA. !nhanced punishment in certain cases after previous conviction
12A. 0ertain offences to "e cogni;a"le
12A0. 0ogni;ance and trial of offences
125
[12. $ower to recover damages
135
[120. $ower of court to ma8e orders
15. /pecial provisions relating to e.isting provident funds
16. Act not to appl# to certain esta"lishments
156
[16A. Authorising certain emplo#ers to maintain provident fund accounts
1<. $ower to e.empt
152
[1<A. %ransfer of accounts
1<1
[1<AA. Act to have effect notwithstanding an#thing contained in Act 31 of 1956
135
[1<. Cia"ilit# in case of transfer of esta"lishment
1=1
[1=. $rotection of action ta8en in good faith
1=A. $residing officer and other officers to "e pu"lic servants
1=2
[19. Eelegation of powers
1=2
[2?. $ower of 0entral 7overnment to give directions
21. $ower to ma8e rules
22. $ower to remove difficulties
/0D!EFC! (
/0D!EFC! (( ) AA%%!'/ FO' 6D(0D $'O@(/(O4 AA& ! AAE! (4 A /0D!A!
239
[/0D!EFC! ((( ) AA%%!'/ FO' 6D(0D $'O@(/(O4 AA& ! AAE! (4 %D!
$!4/(O4 /0D!A!
1<1
[/0D!EFC! (@) AA%%!'/ %O ! $'O@(E!E FO' (4 %D! !A$CO&!!/B
E!$O/(% C(4H!E (4/F'A40! /0D!A!
Foot 4otes
the !mplo#eesB $rovident Funds and Aiscellaneous $rovisions Act- 1952.]
[Act 4o. 9 of &ear 1952- dated 2th. Aarch- 1952]
An Act to provide for the institution of provident funds,
1
[pension fund] and deposit
linked insurance fund for employees in factories and other estalishment
e it enacted "# $arliament as follows) *

1. S52rt tit6e, e7tent 1n8 1pp6ic1ti2n

2
[+1, %his Act ma# "e called the !mplo#eesB $rovident Funds and Aiscellaneous
$rovisions Act- 1952.]
+2, (t e.tends to the whole of (ndia e.cept the /tate of >ammu and Hashmir.
3
[+3, /u"9ect to the provisions contained in section 16- it applies
+a, to ever# esta"lishment which is a factor# engaged in an# industr# specified in
/chedule ( and in which
2
[twent#] or more persons are emplo#ed- and
+", to an# other esta"lishment emplo#ing
2
[twent#] or more persons or class of
such esta"lishments which the 0entral 7overnment ma#- "# notification in the Official
7a;ette- specif# in this "ehalf)
$'O@(E!E that the 0entral 7overnment ma#- after giving not less than two monthsB
notice of its intention so to do- "# notification in the Official 7a;ette- appl# the provisions
of this Act to an# esta"lishment emplo#ing such num"er of persons less than
2
[twent#]
as ma# "e specified in the notification.]
5
[+2, 4otwithstanding an#thing contained in su"*section +3, of this section or su"*
section +1, of section 16- where it appears to the 0entral $rovident Fund 0ommissioner-
whether on an application made to him in this "ehalf or otherwise- that the emplo#er
and the ma9orit# of emplo#ees in relation to an# esta"lishment have agreed that the
provisions of this Act should "e made applica"le to the esta"lishment- he ma#- "#
notification in the Official 7a;ette- appl# the provisions of this Act to that esta"lishment
on and from the date of such agreement or from an# su"se5uent date specified in such
agreement.]
6
[+5, An esta"lishment to which this Act applies shall continue to "e governed "# this
Act notwithstanding that the num"er of persons emplo#ed therein at an# time falls "elow
twent#.]
*. De9initi2ns
(n this Act- unless the conte.t otherwise re5uires-
<
[+a, 1appropriate government1 means*
+i, in relation to an esta"lishment "elonging to- or under the control of- the 0entral
7overnment or in relation to an esta"lishment connected with a railwa# compan#- a
ma9or port- a mine or an oilfield or a controlled industr#-
=
[or in relation to an
esta"lishment having departments or "ranches in more than one /tate]- the 0entral
7overnment: and
+ii, in relation to an# other esta"lishment- the /tate 7overnment]:

9
[+aa, 1authorised officer1 means the 0entral $rovident Fund 0ommissioner-
Additional 0entral $rovident Fund 0ommissioner- Eeput# $rovident Fund
0ommissioner- 'egional $rovident Fund 0ommissioner or such other officer as ma# "e
authorised "# the 0entral 7overnment- "# notification in the Official 7a;ette]:
+", 1"asic wages1 means all emoluments which are earned "# an emplo#ee while on
dut# or
1?
[on leave or on holida#s with wages in either case] in accordance with the
terms of the contract of emplo#ment and which are paid or pa#a"le in cash to him- "ut
does not include)
+i, the cash value of an# food concession:
+ii, an# dearness allowance +that is to sa#- all cash pa#ments "# whatever name
called paid to an emplo#ee on account of a rise in the cost of living,- house*rent
allowance- overtime allowance- "onus- commission or an# other similar allowance
pa#a"le to the emplo#ee in respect of his emplo#ment or of wor8 done in such
emplo#ment:
+iii, an# presents made "# the emplo#er:
+c, 1contri"ution1 means a contri"ution pa#a"le in respect of a mem"er under a
scheme
11
[or the contri"ution pa#a"le in respect of an emplo#ee to whom the (nsurance
/cheme applies] :
+d, 1controlled industr#1 means an# industr# the control of which "# the Fnion has
"een declared "# a 0entral Act to "e e.pedient in the pu"lic interest:

3
[+e, 1emplo#er1 means)
+i, in relation to an esta"lishment which is a factor#- the owner or occupier of the
factor#- including the agent of such owner or occupier- the legal representative of a
deceased owner or occupier and- where a person has "een named as a manager of the
factor# under clause +f, of su"*section +1, of section < of the Factories Act- 192=- the
person so named: and
+ii, in relation to an# other esta"lishment- the person who- or the authorit# which-
has the ultimate control over the affairs of the esta"lishment- and where the said affairs
are entrusted to a manager- managing director or managing agent- such manager-
managing director or managing agent]:
+f, 1emplo#ee1 means an# person who is emplo#ed for wages in an# 8ind of wor8-
manual or otherwise- in or in connection with the wor8 of
12
[an esta"lishment]- and who
gets his wages directl# or indirectl# from the emplo#er-
13
[and includes an# person
+i, emplo#ed "# or through a contractor in or in connection with the wor8 of the
esta"lishment:
+ii, engaged as an apprentice- not "eing an apprentice engaged under the
Apprentices Act- 1961- or under the standing orders of the esta"lishment]:

12
[+ff,1e.empted emplo#ee1 means an emplo#ee to whom a /cheme
11
[or the
(nsurance /cheme- as the case ma# "e-] would- "ut for the e.emption granted under
15
[GGG] section 1<- have applied:
+fff, 1e.empted
16
[esta"lishment]1 means
12
[an esta"lishment] in respect of which an
e.emption has "een granted under section 1< from the operation of all
11
[or an# of the
provisions of an# /cheme or the (nsurance /cheme- as the case ma# "e]- whether such
e.emption has "een granted to the
16
[esta"lishment] as such or to an# person or class
of persons emplo#ed therein]:
+g, 1factor#1 means an# premises- including the precincts thereof- in an# part of which
a manufacturing process is "eing carried on or is ordinaril# so carried on- whether with
the aid of power or without she aid of power:
1<
[+gg, GGG
+ggg, GGG ]
+h, 1Fund1 means the provident fund esta"lished under a /cheme:
+i, 1industr#1 means an# industr# specified in /chedule (- and includes an# other
industr# added to the /chedule "# notification under section 2:
1=
[+ia, 1(nsurance Fund1 means the Eeposit*lin8ed (nsurance Fund esta"lished under
su"*section +2, of section 60:
+i", 1(nsurance /cheme1 means the !mplo#eesB Eeposit*lin8ed (nsurance /cheme
framed under su"*section +1, of section 60]:
19
[
2?
[+ic,] 1manufacture1 or 1manufacturing process1 means an# process for ma8ing-
altering- repairing- ornamenting- finishing- pac8ing- oiling- washing- cleaning- "rea8ing
up- demolishing- or otherwise treating or adapting an# article or su"stance with a view
to its use- sale- transport- deliver# or disposal] :
+9, 1mem"er1 means a mem"er of the fund:
+8, 1occupier of a factor#1 means the person who has ultimate control over the affairs
of the factor#- and- where the said affairs are entrusted to a managing agent- such agent
shall "e deemed to "e the occupier of the factor#:
2?
[+8A, 1$ension Fund1 means the !mplo#eesB $ension Fund esta"lished under su"*
section +2, of section 6A:
+8, 1$ension /cheme1 means the !mplo#eesB $ension /cheme framed under su"*
section +1, of section 6A: ]
9
[+8a, 1prescri"ed1 means prescri"ed "# rules made under this Act:
+8", 1'ecover# Officer1 means an# officer of the 0entral 7overnment- /tate
7overnment or the oard of %rustees constituted under section 5A- who ma# "e
authorised "# the 0entral 7overnment- "# notification in the Official 7a;ette- to e.ercise
the powers of a 'ecover# Officer under this Act] :
21
[+l, 1scheme1 means the !mplo#eesB $rovident Fund /cheme framed under section
5]:
22
[+ll, 1superannuation1- in relation to an emplo#ee who is the mem"er of the $ension
/cheme- means the attainment- "# the said emplo#ee- of the age of fift#*eight #ears1.]
9
[+m, 1%ri"unal1 means the !mplo#eesB $rovident Funds Appellate %ri"unal constituted
under section <E].
6
E*A. Est1:6is5;ent t2 inc6<8e 166 8ep1rt;ents 1n8 :r1nc5es
For the removal of dou"ts- it is here"# declared that where an esta"lishment consists of
different departments or has "ranches- whether situate in the same place or in different
places- all such departments or "ranches shall "e treated as parts of the same
esta"lishment.
!
E!. P2Ber t2 1pp6@ t5e Act t2 1n est1:6is5;ent B5ic5 51s 1 c2;;2n pr2?i8ent
9<n8 Bit5 1n2t5er est1:6is5;ent
6here immediatel# "efore this Act "ecomes applica"le to an esta"lishment there is in
e.istence a provident fund which is common to the emplo#ees emplo#ed in that
esta"lishment and emplo#ees in an# other esta"lishment- the 0entral 7overnment ma#-
"# notification in the Official 7a;ette- direct that the provisions of this Act shall also
appl# to such other esta"lishment.]
&. P2Ber t2 188 t2 Sc5e8<6e I
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- add to
/chedule ( an# other industr# in respect of the emplo#ees whereof it is of opinion that a
provident fund scheme should "e framed under this Act- and thereupon the industr# so
added shall "e deemed to "e an industr# specified in /chedule ( for the purposes of this
Act.
+2, All notifications under su"*section +1, shall "e laid "efore $arliament- as soon as
ma# "e- after the# are issued.
,. E;p62@ees Pr2?i8ent #<n8s Sc5e;e
23
[+1,] %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- frame a
/cheme to "e called the !mplo#eesB $rovident Funds /cheme for the esta"lishment of
provident funds under this Act for emplo#ees or for an# class of emplo#ees and specif#
the
22
[esta"lishments] or class of
22
[esta"lishments] to which the said /cheme shall
appl#
25
[and there shall "e esta"lished- as soon as ma# "e after the framing of the
/cheme- a Fund in accordance with the provisions of this Act and the /cheme.]
26
[+1A, %he Fund shall vest in- and "e administered "#- the 0entral oard constituted
under section 5A.
+1, /u"9ect to the provisions of this Act- a /cheme framed under su"*section +1,
ma# provide for all or an# of the matters specified in /ch. ((. ]

25
[+2, A /cheme framed under su"*section +1, ma# provide that an# of its provisions
shall ta8e effect either prospectivel# or retrospectivel# on such date as ma# "e specified
in this "ehalf in the /cheme.
*6
E,A. Centr16 B21r8
+1, %he 0entral 7overnment ma#- "e notification in the Official 7a;ette- constitute-
with effect from such date as ma# "e specified therein- a oard of %rustees for the
territories to which this Act e.tends +hereinafter in this Act referred to as the 0entral
oard, consisting of the following
2<
[persons as mem"ers]- namel#)
+a,
2=
[a 0hairman and a @ice*0hairman] to "e appointed "# the 0entral
7overnment:

9
[+aa, the 0entral $rovident Fund 0ommissioner- e. officio]:
+", not more than five persons appointed "# the 0entral 7overnment from amongst
its officials:
+c, not more than fifteen persons representing 7overnments of such /tates as the
0entral 7overnment ma# specif# in this "ehalf- appointed "# the central 7overnment:
+d,
29
[ten persons] representing emplo#ers of the esta"lishments to which the
/cheme applies- appointed "# the 0entral 7overnment after consultation with such
organi;ations of emplo#ers as ma# "e recognised "# the 0entral 7overnment in this
"ehalf: and
+e,
29
[ten persons] representing emplo#ees in the esta"lishments to which the
/cheme applies- appointed "# the 0entral 7overnment after consultation with such
organi;ations of emplo#ees as ma# "e recognised "# the 0entral 7overnment in this
"ehalf.
+2, %he terms and conditions su"9ect to which a mem"er of the 0entral oard ma# "e
appointed and the time- place and procedure of the meetings of the 0entral oard shall
"e such as ma# "e provided for in the /cheme.
+3, %he 0entral oard shall-
3?
[su"9ect to the provisions of section 6A]
11
[and section
60]- administer the fund vested in it in such manner as ma# "e specified in the /cheme.
+2, %he 0entral oard shall perform such other functions as it ma# "e re5uired to
perform "# or under an# provisions of the /cheme-
31
[Famil# $ension /cheme and the
(nsurance /cheme].
11
[+5, %he 0entral oard shall maintain proper accounts of its income and e.penditure
in such form and in such manner as the 0entral 7overnment ma#- after consultation
with the 0omptroller and Auditor*7eneral of (ndia- specif# in the /cheme.
+6, %he accounts of the 0entral oard shall "e audited annuall# "# the 0omptroller
and Auditor*7eneral of (ndia and an# e.penditure incurred "# him in connection with
such audit shall "e pa#a"le "# the 0entral oard to the 0omptroller and Auditor 7eneral
of (ndia.
+<, %he 0omptroller and Auditor*7eneral of (ndia and an# person appointed "# him in
connection with the audit of the accounts of the 0entral oard shall have the same
rights and privileges and authorit# in connection with such audit as the 0omptroller and
Auditor*7eneral has- in connection with the audit of 7overnment accounts and- in
particular- shall have the right to demand the production of "oo8s- accounts- connected
vouchers- documents and papers and inspect an# of the offices of the 0entral oard.
+=, %he accounts of the 0entral oard as certified "# the 0omptroller and Auditor*
7eneral of (ndia or an# other person appointed "# him in this "ehalf together with the
audit report thereon shall "e forwarded to the 0entral oard which shall forward the
same to the 0entral 7overnment along with its comments on the report of the
0omptroller and Auditor*7eneral.
+9, (t shall "e the dut# of the 0entral oard to su"mit also to the 0entral 7overnment
an annual report of its wor8 and activities and the 0entral 7overnment shall cause a
cop# of the annual report- the audited accounts together with the report of the
0omptroller and Auditor*7eneral of (ndia and the comments of the 0entral oard
thereon to "e laid "efore each Douse of $arliament.]
9
E,AA. E7ec<ti?e C2;;ittee
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- constitute-
with effect from such date as ma# "e specified therein- an !.ecutive 0ommittee to
assist the 0entral oard in the performance of its functions.
+2, %he !.ecutive 0ommittee shall consist of the following persons as mem"ers-
namel# )
+a, a 0hairman appointed "# the 0entral 7overnment from amongst the mem"ers
of the 0entral oard:
+", two persons appointed "# the 0entral 7overnment from amongst the persons
referred to in clause +", of su"*section +1, of section 5A:
+c, three persons appointed "# the 0entral 7overnment from amongst the persons
referred to in clause +c, of su"*section +1, of section 5A:
+d, three persons representing the emplo#ers elected "# the 0entral oard from
amongst the persons referred to in clause +d, of su"*section +1, of section 5A:
+f, the 0entral $rovident Fund 0ommissioner- e. officio.
+3, %he terms and conditions su"9ect to which a mem"er of the 0entral oard ma# "e
appointed or elected to the !.ecutive 0ommittee and the time- place and procedure of
the meetings of the !.ecutive 0ommittee shall "e such as ma# "e provided for in the
/cheme.]
*6
E,B. St1te B21r8
+1, %he 0entral 7overnment ma#- after consultation with the 7overnment of an#
/tate- "# notification in the Official 7a;ette- constitute for that /tate a oard of %rustees
+hereinafter in this Act referred to as the /tate oard, in such manner as ma# "e
provided for in the /cheme.
+2, A /tate oard shall e.ercise such powers and perform such duties as the 0entral
7overnment ma# assign to it from time to time.
+3, %he terms and conditions su"9ect to which a mem"er of a /tate oard ma# "e
appointed and the time- place and procedure of the meetings of a /tate oard shall "e
such as ma# "e provided for in the /cheme.]
*6
E,C. B21r8 29 Tr<stees t2 :e :28@ c2rp2r1te
!ver# oard of %rustees constituted under section 5A or section 5 shall "e a "od#
corporate under the name specified in the notification constituting it- having perpetual
succession and a common seal and shall "# the said name sue and "e sued.
*6
E,D. App2int;ent 29 299icers
+1, %he 0entral 7overnment shall appoint a 0entral $rovident Fund 0ommissioner
who shall "e the chief e.ecutive officer of the 0entral oard and shall "e su"9ect to the
general control and superintendence of that oard.
+2, %he 0entral 7overnment ma# also appoint
32
[a Financial Adviser and 0hief
Accounts Officer] to assist the 0entral $rovident Fund 0ommissioner in the discharge of
his duties.
+3, %he 0entral oard ma# appoint-
26
[su"9ect to the ma.imum scale of pa#- as ma#
"e specified in the /cheme- as man# Additional 0entral $rovident Fund 0ommissioners-
Eeput# $rovident Fund 0ommissioners- 'egional $rovident Fund 0ommissioners-
Assistant $rovident Fund 0ommissioners and such other officers and emplo#ees as it
ma# consider necessar# for the efficient administration of the /cheme- the
33
[$ension]
/cheme and the (nsurance /cheme.
+2, 4o appointment to
32
[the post of the 0entral $rovident Fund 0ommissioner or a
Financial Advisor and 0hief Accounts Officer or an# other post under the 0entral oard
carr#ing a scale of pa# e5uivalent to the scale of pa# of an# 7roup BAB or 7roup BB post
under the 0entral 7overnment] shall "e made e.cept after consultation with the Fnion
$u"lic /ervice 0ommission)
$'O@(E!E that no such consultation shall "e necessar# in regard to an# such
appointment
+a, for a period not e.ceeding one #ear- or
+", if the person to "e appointed is at the time of his appointment
+i, a mem"er of the (ndian Administrative /ervice- or
+ii, in the service of the 0entral 7overnment or a /tate 7overnment or the
0entral oard in a
35
[7roup BAB or 7roup BB post.]
+5, A /tate oard ma#- with the approval of the /tate 7overnment concerned- appoint
such staff as it ma# consider necessar#.
+6, %he method of recruitment- salar# and allowances- discipline and other conditions
of service of the 0entral $rovident Fund 0ommissioner-
36
[and the Financial Adviser and
0hief Accounts Officer] shall "e such as ma# "e specified "# the 0entral 7overnment
and such salar# and allowances shall "e paid out of the Fund.
5
[+<,+a, %he method of recruitment- salar# and allowances- discipline and other
conditions of service of the Additional 0entral $rovident Fund 0ommissioner- Eeput#
$rovident Fund 0ommissioner- 'egional $rovident Fund 0ommissioner- Assistant
$rovident Fund 0ommissioner and other officers and emplo#ees of the 0entral oard
shall "e such as ma# "e specified "# the 0entral oard in accordance with the rules
and orders applica"le to the officers and emplo#ees of the 0entral 7overnment drawing
corresponding scales of pa#)
$'O@(E!E that where the 0entral oard is of the opinion that it is necessar# to
ma8e a departure from the said rules or orders in respect of an# of the matters
aforesaid- it shall o"tain the prior approval of the 0entral 7overnment.
+", (n determining the corresponding scales of pa# of officers and emplo#ees under
cl.+a,- the 0entral oard shall have regard to the educational 5ualifications- method of
recruitment- duties and responsi"ilities of such officers and emplo#ees under the
0entral 7overnment and in case of an# dou"t- the 0entral oard shall refer the matter
to the 0entral 7overnment whose decision thereon shall "e final.]
+=, %he method of recruitment- salar# and allowances- discipline and other conditions
of service
3<
of officers and emplo#ees of /tate oard shall "e such as ma# "e specified
"# that oard- with the approval of the /tate 7overnment concerned.
9
E,DD. Acts 1n8 pr2cee8in>s 29 t5e Centr16 B21r8 2r its E7ec<ti?e C2;;ittee 2r
t5e St1te B21r8 n2t t2 :e in?16i81te8 2n cert1in >r2<n8s
4o act done or proceeding ta8en "# the 0entral oard or the !.ecutive 0ommittee
constituted under section 5AA or the /tate oard shall "e 5uestioned on the ground
merel# of the e.istence of an# vacanc# in- or an# defect in the constitution of- the
0entral oard or the !.ecutive 0ommittee or the /tate oard- as the case ma# "e.]
*6
E,E. De6e>1ti2n
3=
[%he 0entral oard ma# delegate to the !.ecutive 0ommittee or to the 0hairman of
the oard or to an# of its officers and a /tate oard ma# delegate to its 0hairman or to
an# of its officers] su"9ect to such conditions and limitations- if an#- as it ma# specif#-
such of its powers and functions under this Act as it ma# deem necessar# for the
efficient administration of the /cheme- the
33
[$ension /cheme and the (nsurance
/cheme].]
6. C2ntri:<ti2ns 1n8 ;1tters B5ic5 ;1@ :e pr2?i8e8 92r in t5e Sc5e;e
39
[G G G] %he contri"ution which shall "e paid "# the emplo#er to the Fund shall "e
2?
[ten
per cent] of the "asic wages-
21
[dearness allowance and retaining allowance +if an#,]- for
the time "eing pa#a"le to each of the emplo#ees
26
[+whether emplo#ed "# him directl#
or "# or through a contractor,] and the emplo#eesB contri"ution shall "e e5ual to the
contri"ution pa#a"le "# the emplo#er in respect of him and ma#-
22
[if an# emplo#ee so
desires "e an amount not e.ceeding
23
[ten per cent] of his "asic wages- dearness
allowance and retaining allowance +if an#,- su"9ect to the condition that the emplo#er
shall not "e under an o"ligation to pa# an# contri"ution over and a"ove his contri"ution
pa#a"le under this section])
22
[$'O@(E!E that in its application to an# esta"lishment or class of esta"lishments
which the 0entral 7overnment- after ma8ing such in5uir# as it deems fit- ma#- "#
notification in the Official 7a;ette specif#- this section shall "e su"9ect to the
modification that for the words
2?
[ten per cent]- at "oth the places where the# occur- the
words
23
[twelve per cent] shall "e su"stituted])
25
[$'O@(E!E FF'%D!' that] where the amount of an# contri"ution pa#a"le under this
Act involves a fraction of a rupee- the /cheme ma# provide for the rounding off of such
fraction to the nearest rupee- half of a rupee or 5uarter of a rupee.
!"planation
#$
[11 ) For the purposes of this
2<
[section]- dearness allowance shall "e
deemed to include also the cash value of an# food concession allowed to the emplo#ee.
6
[!"planation 2 ) For the purposes of this
2<
[section]- 1retaining allowance1 means an
allowance pa#a"le for the time "eing to an emplo#ee of an# factor# or other
esta"lishment during an# period in which the esta"lishment is not wor8ing- for retaining
his services.]
&(
E6A. E;p62@ees. Pensi2n Sc5e;e
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- frame a
scheme to "e called the !mplo#eesB $ension /cheme for the purpose of providing for)
+a, superannuation pension- retiring pension or permanent total disa"lement
pension to the emplo#ees of an# esta"lishment or class of esta"lishments to which this
Act applies: and
+", widow or widowerBs pension- children pension or orphan pension pa#a"le to the
"eneficiaries of such emplo#ees.
+2, 4otwithstanding an#thing contained in section 6- there shall "e esta"lished- as
soon as ma# "e after framing of the $ension /cheme- a $ension Fund into which there
shall "e paid- from time to time- in respect of ever# emplo#ee who is a mem"er of the
$ension /cheme)
+a, such sums from the emplo#erBs contri"ution under section 6- not e.ceeding
eight and one*third per cent of the "asic wages- dearness allowance and retaining
allowance- if an#- of the concerned emplo#ees- as ma# "e specified in the $ension
/cheme:
+", such sums as are pa#a"le "# the emplo#ers of e.empted esta"lishments under
su"*section +6, of section 1<:
+c, the net assets of the !mplo#eesB Famil# $ension Fund as on the date of the
esta"lishment of the $ension Fund:
+d, such sums as the 0entral 7overnment ma#- after due appropriation "#
$arliament "# law in this "ehalf- specif#.
+3, On the esta"lishment of the $ension Fund- the Famil# $ension /cheme
+hereinafter referred to as the ceased scheme, shall cease to operate and all assets of
the ceased scheme shall vest in and shall stand transferred to- and all lia"ilities under
the ceased scheme shall "e enforcea"le against- the $ension Fund and the
"eneficiaries under the ceased scheme shall "e entitled to draw the "enefits- not less
than the "enefits- the# were entitled to under the ceased scheme- from the $ension
Fund.
+2, %he $ension Fund shall vest in and "e administered "# the 0entral oard in such
manner as ma# "e specified in the $ension /cheme.
+5, /u"9ect to the provisions of this Act- the $ension /cheme ma# provide for all or
an# of the matters specified in /chedule (((.
+6, %he $ension /cheme ma# provide that all or an# of its provisions shall ta8e effect
either prospectivel# or retrospectivel# on such date as ma# "e specified in that "ehalf in
that /cheme.
+<, A $ension /cheme- framed under su"*section +1, shall "e laid- as soon as ma# "e
after it is made- "efore each Douse of $arliament- while it is in session- for a total period
of thirt# da#s which ma# "e comprised in one session or in two or more successive
sessions- and if- "efore the e.pir# of the session immediatel# following the session or
the successive sessions aforesaid- "oth Douses agree in ma8ing an# modification in the
scheme or "oth Douses agree that the scheme should not "e made- the scheme shall
thereafter have effect onl# in such modified form or "e of no effect- as the case ma# "e:
so- however- that an# such modification or annulment shall "e without pre9udice to the
validit# of an#thing previousl# done under that scheme.
6B. KKK ]
11
E6C. E;p62@ees. Dep2sit Lin=e8 ins<r1nce Sc5e;e
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- frame a
/cheme to "e called the !mplo#eesB Eeposit*lin8ed (nsurance /cheme for the purpose
of providing life insurance "enefits to the emplo#ees of an# esta"lishment or class of
esta"lishments to which this Act applies.
+2, %here shall "e esta"lished- as soon as ma# "e after the framing of the (nsurance
/cheme- a Eeposit*lin8ed (nsurance Fund into which shall "e paid "# the emplo#er from
time to time in respect of ever# such emplo#ee in relation to whom he is the emplo#er-
such amount- not "eing more than one per cent of the aggregate of the "asic wages-
dearness allowance and retaining allowance +if an#, for the time "eing pa#a"le in
relation to such emplo#ee as the 0entral 7overnment ma#- "# notification in the Official
7a;ette- specif#.
!"planation% For the purposes of this su"*section- the e.pressions 1dearness
allowance1 and 1retaining allowance1 have the same meanings as in section 6.
29
[+3, GGG]
+2,+a, %he emplo#er shall pa# in to the (nsurance Fund such further sums of mone#-
not e.ceeding one*fourth of the contri"ution which he is re5uired to ma8e under su"*
section +2,- as the 0entral 7overnment ma#- from time to time- determine to meet all the
e.penses in connection with administration of the (nsurance /cheme other than the
e.penses towards the cost of an# "enefits provided "# or under that /cheme.
29
[+", GGG]
+5, %he (nsurance Fund shall vest in the 0entral oard and "e administered "# it in
such manner as ma# "e specified in the (nsurance /cheme.
+6, %he (nsurance /cheme ma# provide for all or an# of the matters specified in
/chedule (@.
+<, %he (nsurance /cheme ma# provide that an# of its provisions shall ta8e effect
either prospectivel# or retrospectivel# on such date as ma# "e specified in this "ehalf in
that /cheme.]
,0
E6D. L1@in> 29 Sc5e;es :e92re P1r6i1;ent
!ver# /cheme framed under section 5- section 6A and /ection 60 shall "e laid- as soon
as ma# "e after it is framed- "efore each Douse of $arliament- while it is in session- for
a total period of thirt# da#s which ma# "e comprised in one session or in two or more
successive sessions- and if- "efore the e.pir# of the session immediatel# following the
session or the successive sessions aforesaid- "oth Douses agree in ma8ing an#
notification in the /cheme- or "oth Douses agree that the scheme should not "e framed-
the /cheme shall thereafter have effect onl# in such modified form or "e of no effect- as
the case ma# "e: so- however- that an# such modification or annulment shall "e without
pre9udice to the validit# of an#thing previousl# done under the /cheme.]
'. M28i9ic1ti2n 29 Sc5e;e
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- add to-
2
[amend or var#- either prospectivel# or retrospectivel#- the /cheme- the
33
[$ension]
/cheme or the (nsurance /cheme- as the case ma# "e.]
51
[+2, !ver# notification issued under su"*section +1, shall "e laid- as soon as ma# "e
after it is issued- "efore each Douse of $arliament while it is in session- for a total period
of thirt# da#s- which ma# "e comprised in one session or in two or more successive
sessions- and if- "efore the e.pir# of the session immediatel# following the session or
the successive sessions aforesaid- "oth Douses agree in ma8ing an# modification in the
notification- or "oth houses agree that the notification should not "e issued- the
notification shall thereafter have effect onl# in such modified form or "e of no effect- as
the case ma# "e : so however- that an# such modification or annulment shall "e without
pre9udice to the validit# of an#thing previousl# done under that notification.]
*6
E'A. Deter;in1ti2n 29 ;2ne@s 8<e 9r2; e;p62@ers
5
[+1, %he 0entral $rovident Fund 0ommissioner- an# Additional 0entral $rovident Fund
0ommissioner- an# Eeput# $rovident Fund 0ommissioner- an# 'egional $rovident
Fund 0ommissioner or an# Assistant $rovident Fund 0ommissioner ma#- "# order-
+a, in a case where a dispute arises regarding the applica"ilit# of this Act to an
esta"lishment- decide such dispute: and
+", determine the amount due from an# emplo#er under an# provision of this Act-
the /cheme or the
33
[$ension] /cheme or the (nsurance /cheme- as the case ma# "e-
and for an# of the aforesaid purposes ma# conduct such in5uir# as he ma# deem
necessar#.]
+2, %he officer conducting the in5uir# under su"*section +1, shall- for the purposes of
such in5uir#- have the same powers as are vested in a court under the 0ode of 0ivil
$rocedure- 19?=- for tr#ing a suit in respect of the following matters- namel#)
+a, enforcing the attendance of an# person or e.amining him on oath:
+", re5uiring the discover# and production of documents:
+c, receiving evidence on affidavit:
+d, issuing commissions for the e.amination of witnesses:
and an# such in5uir# shall "e deemed to "e 9udicial proceeding within the meaning of
sections 193 and 22=- and for the purpose of section 196 of the (ndian $enal 0ode.
+3, 4o order
52
[GGG] shall "e made under su"*section +1,- unless
53
[the emplo#er
concerned] is given a reasona"le opportunit# of representing his case.
9
[+3A, 6here the emplo#er- emplo#ee or an# other person re5uired to attend the
in5uir# under su"*section +1, fails to attend such in5uir# without assigning an# valid
reason or fails to produce an# document or to file an# report or return when called upon
to do so- the officer conducting the in5uir# ma# decide the applica"ilit# of the Act or
determine the amount due from an# emplo#er- as the case ma# "e- on the "asis of the
evidence adduced during such en5uir# and other documents availa"le on record.]
5
[+2, 6here an order under su"*section +1, is passed against an emplo#er e. parte- he
ma#- within three months from the date of communication of such order- appl# to the
officer for setting aside such order and if he satisfies the officer that the show cause
notice was not dul# served or that he was prevented "# an# sufficient cause from
appearing when the in5uir# was held- the officer shall ma8e an order setting aside his
earlier order and shall appoint a date for proceeding with the in5uir#)
$'O@(E!E that no such order shall "e set aside merel# on the ground that there has
"een an irregularit# in the service of the show cause notice if the officer is satisfied that
the emplo#er had notice of the date of hearing and had sufficient time to appear "efore
the officer.
!"planation% 6here an appeal has "een preferred under this Act against an order
passed e. parte and such appeal has "een disposed of otherwise than on the ground
that the appellant has withdrawn the appeal- no application shall lie under this su"*
section for setting aside the e.*pert order.
+5, 4o order passed under this section shall "e set aside on an# application under
su"*section +2, unless notice thereof has "een served on the opposite part#.]
,&
E'B. Re?ieB 29 2r8ers p1sse8 <n8er secti2n 'A
+1, An# person aggrieved "# an order made under su"*section +1, of section <A- "ut
from which no appeal has "een preferred under this Act- and who- from the discover# of
new and important matter or evidence which- after the e.ercise of due diligence was not
within his 8nowledge or could not "e produced "# him at the time when the order was
made- or on account of some mista8e or error apparent on the face of the record or for
an# other sufficient reason- desires to o"tain for a review of such order ma# appl# for a
review of that order to the officer who passed the order)
$'O@(E!E that such officer ma# also on his own motion review his order if he is
satisfied that it is necessar# so to do on an# such ground.
+2, !ver# application for review under su"*section +1, shall "e filed in such form and
manner and within such time as ma# "e specified in the /cheme.
+3, 6here it appears to the officer receiving an application for review that there is no
sufficient ground for review- he shall re9ect the application.
+2, 6here the officer is of the opinion that the application for review should "e
granted- he shall grant the same)
$'O@(E!E that-
+a, no such application shall "e granted without previous notice to all the parties
"efore him to ena"le them to appear and "e heard in support of the order in respect of
which a review is applied for- and
+", no such application shall "e granted on the ground of discover# of new
matter or evidence which the applicant alleges was not within his 8nowledge or could
not "e produced "# him when the order was made- without proof of such allegation.
+5, 4o appeal shall lie against the order of the officer re9ecting an application for
review- "ut an appeal under this Act shall lie against an order passed under review as if
the order passed under review were the original order passed "# him under section <A.
'C. Deter;in1ti2n 29 esc1pe8 1;2<nt
6here an order determining the amount due from an emplo#er under section <A or
section < has "een passed and if the officer who passed the order
+a, has reason to "elieve that "# reason of the omission or failure on the part of the
emplo#er to ma8e an# document or report availa"le- or to disclose- full# and trul#- all
material facts necessar# for determining the correct amount due from the emplo#er- an#
amount so due from such emplo#er for an# period has escaped his notice:
+", has- in conse5uence of information in his possession- reason to "elieve that an#
amount to "e determined under section <A or section < has escaped from his
determination for an# period notwithstanding that there has "een no omission or failure
as mentioned in cl. +a, on the part of the emplo#er-
he ma#- within a period of five #ears from the date of communication of the order
passed under section <A or section <- re*open the case and pass appropriate orders
re*determining the amount due from the emplo#er in accordance with the provisions of
this Act)
$'O@(E!E that no order re*determining the amount due from the emplo#er shall "e
passed under this section unless the emplo#er is given a reasona"le opportunit# of
representing his case.
'D. E;p62@ees. Pr2?i8ent #<n8s Appe661te Tri:<n16
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- constitute one
or more Appellate %ri"unals to "e 8nown as the !mplo#eesB $rovident Funds Appellate
%ri"unal to e.ercise the powers and discharge the functions conferred on such %ri"unal
"# this Act and ever# such %ri"unal shall have 9urisdiction in respect of esta"lishments
situated in such area as ma# "e specified in the notification constituting the %ri"unal.
+2, A %ri"unal shall consist of one person onl# to "e appointed "# the 0entral
7overnment.
23
[+3, A person shall not "e 5ualified for appointment as a $residing Officer of a
%ri"unal +hereinafter referred to as the $residing Officer, unless he is or has "een- or is
5ualified to "e*
+i, a >udge of a Digh 0ourt: or
+ii, a Eistrict >udge.]
'E. Ter; 29 299ice
%he $residing Officer of a %ri"unal shall hold office for a term of five #ears from the date
on which he enters upon his office or until he attains the age of si.t#*two #ears-
whichever is earlier.
'#. Resi>n1ti2n
+1, %he $residing Officer ma#- "# notice in writing under his hand addressed to the
0entral 7overnment- resign his office)
$'O@(E!E that the $residing Officer shall- unless he is permitted "# the 0entral
7overnment to relin5uish his office sooner- continue to hold office until the e.pir# of
three months from the date of receipt of such notice or until a person dul# appointed as
his successor enters upon his office or until the e.pir# of his term of office- whichever is
the earliest.
55
[+2, %he $residing Officer shall not "e removed from his office e.cept "# an order
made "# the $resident on the ground of proved mis"ehaviour or incapacit# after an
in5uir# made "# a >udge of the Digh 0ourt in which such $residing Officer had "een
informed of the charges against him and given a reasona"le opportunit# of "eing heard
in respect of those charges.
+3, %he 0entral 7overnment ma#- "# rules- regulate the procedure for the
investigation of mis"ehaviour or incapacit# of the $residing Officer.]
'$. S161r@ 1n8 1662B1nces 1n8 2t5er ter;s 1n8 c2n8iti2ns 29 ser?ice 29 Presi8in>
O99icer
%he salar# and allowances pa#a"le to- and the other terms and conditions of service
+including pension- gratuit# and other retirement "enefits, of- the $residing Officer shall
"e such as ma# "e prescri"ed)
$'O@(E!E that neither the salar# and allowances nor the other terms and conditions of
service of the $residing Officer shall "e varied to his disadvantage after his
appointment.
'H. St199 29 Tri:<n16
+1, %he 0entral 7overnment shall determine the nature and categories of the officers
and other emplo#ees re5uired to assist a %ri"unal in the discharge of its functions and
provide the %ri"unal with such officers and other emplo#ees as it ma# thin8 fit.
+2, %he officers and other emplo#ees of a %ri"unal shall discharge their functions
under the general superintendence of the $residing Officer.
+3, %he salaries and allowances and other conditions of service of the officers and
other emplo#ees of a %ri"unal shall "e such as ma# "e prescri"ed.
'I. Appe16s t2 Tri:<n16
+1, An# person aggrieved "# a notification issued "# the 0entral 7overnment- or an
order passed "# the 0entral 7overnment or an# authorit#- under the proviso to su"*
section +3,- or su"*section +2,- of section 1- or section 3- or su"*section +1, of section
<A- or section < [e.cept an order re9ecting an application for review referred to in su"*
section +5, thereof]- or section <0- or section 12- ma# prefer an appeal to a %ri"unal
against such notification or order.
+2, !ver# appeal under su"*section +1, shall "e filed in such form and manner- within
such time and "e accompanied "# such fees- as ma# "e prescri"ed.
'/. Pr2ce8<re 29 Tri:<n16
+1, A %ri"unal shall have power to regulate its own procedure in all matters arising out
of the e.ercise of its powers or of the discharge of its functions including the places at
which the %ri"unal shall have its sittings.
+2, A %ri"unal shall- for the purpose of discharging its functions- have all the powers
which are vested in the officers referred to in section <A and an# proceeding "efore the
%ri"unal shall "e deemed to "e a 9udicial proceeding within the meaning of sections 193
and 22=- and for the purpose of section 196 of the (ndian $enal 0ode- 1=6? +25 of
1=6?,- and the %ri"unal shall "e deemed to "e a 0ivil 0ourt for all the purposes of
section 195 and 0hapter JJ@( of the 0ode of 0riminal $rocedure- 19<3 +2 of 19<2,.
'-. Ri>5t 29 1ppe661nt t2 t1=e 1ssist1nce 29 6e>16 pr1ctiti2ner 1n8 29
>2?ern;ent, etc. t2 1pp2int presentin> 299icers
+1, A person preferring an appeal to a %ri"unal under this Act ma# either appear in
person or ta8e the assistance of a legal practitioner of his choice to present his case
"efore the %ri"unal.
+2, %he 0entral 7overnment or a /tate 7overnment or an# other authorit# under this
Act ma# authorise one or more legal practitioners or an# of its officers to act as
presenting officers and ever# person so authorised ma# present the case with respect
to an# appeal "efore a %ri"unal.
'L. Or8ers 29 Tri:<n16
+1, A %ri"unal ma#- after giving the parties to the appeal an opportunit# of "eing
heard- pass such orders thereon as it thin8s fit- confirming- modif#ing or annulling the
order appealed against or ma# refer the case "ac8 to the authorit# which passed such
order with such directions as the %ri"unal ma# thin8 fit- for a fresh ad9udication or order-
as the case ma# "e- after ta8ing additional evidence- if necessar#.
+2, A %ri"unal ma#- at an# time within five #ears from the date of its order- with a view
to rectif#ing an# mista8e apparent from the record- amend an# order passed "# it under
su"*section +1, and shall ma8e such amendment in the order if the mista8e is "rought to
its notice "# the parties to the appeal)
$'O@(E!E that an amendment which has the effect of enhancing the amount due
from- or otherwise increasing the lia"ilit# of- the emplo#er shall not "e made under this
su"*section- unless the %ri"unal has given notice to him of its intention to do so and has
allowed him a reasona"le opportunit# of "eing heard.
+3, A %ri"unal shall send a cop# of ever# order passed under this section to the
parties to the appeal.
+2, An# order ma# "# a %ri"unal finall# disposing of an appeal shall not "e 5uestioned
in an# 0ourt of law.
'M. #i66in> <p 29 ?1c1ncies
(f- for an# reason- a vacanc# occurs in the office of the $residing Officer- the 0entral
7overnment shall appoint another person in accordance with the provisions of this Act-
to fill the vacanc# and the proceedings ma# "e continued "efore a %ri"unal from the
stage at which the vacanc# is filled.
'N. #in16it@ 29 2r8ers c2nstit<tin> 1 Tri:<n16
4o order of the 0entral 7overnment appointing an# person as the $residing Officer
shall "e called in 5uestion in an# manner- and no act or proceeding "efore a %ri"unal
shall "e called in 5uestion in an# manner on the ground merel# of an# defect in the
constitution of such %ri"unal.
'O. Dep2sit 29 1;2<nt 8<e, 2n 9i6in> 1ppe16
4o appeal "# the emplo#er shall "e entertained "# a %ri"unal unless he has deposited
with it sevent#*five per cent of the amount due from him as determined "# an officer
referred to in section <A )
$'O@(E!E that the %ri"unal ma#- for reasons to "e recorded in writing- waive or reduce
the amount to "e deposited under this section.
'P. Tr1ns9er 29 cert1in 1pp6ic1ti2ns t2 Tri:<n16
All applications which are pending "efore the 0entral 7overnment under section 19A
"efore its repeal- shall stand transferred to a %ri"unal e.ercising 9urisdiction in respect of
esta"lishments in relation to which such applications had "een made as if such
applications were appeals preferred to the %ri"unal.
'3. Interest p1@1:6e :@ t5e e;p62@er
%he emplo#er shall "e lia"le to pa# simple interest at the rate of twelve per cent per
annum or at such higher rate as ma# "e specified in the /cheme on an# amount due
from him under this Act from the date on which the amount has "ecome so due till the
date of its actual pa#ment)
$'O@(E!E that higher rate of interest specified in the /cheme shall not e.ceed the
lending rate of interest charged "# an# scheduled "an8.]
,6
E(. M28e 29 rec2?er@ 29 ;2ne@s 8<e 9r2; e;p62@ers
An# amount due)
+a, from the emplo#er in relation to
12
[an esta"lishment] to which an#
5<
[/cheme or the
(nsurance /cheme] applies in respect of an# contri"ution pa#a"le to
5<
[the Fund or- as
the case ma# "e- the (nsurance Fund]- damages recovera"le under section 12-
accumulations re5uired to "e transferred under su"*section +2, of section 15
26
[or under
su"*section +5, of section 1<] or an# charges pa#a"le "# him under an# other provision
of this Act or of an# provision of the
5=
[/cheme or the (nsurance /cheme] : or
+", from the emplo#er in relation to an e.empted
59
[esta"lishment] in respect of an#
damages recovera"le under section 12 or an# charges pa#a"le "# him to the
appropriate 7overnment under an# provision of this Actor under an# of the conditions
specified
6?
[under section 1< or in respect of the contri"ution pa#a"le "# him towards
the
33
[$ension]
5=
[/cheme or the (nsurance /cheme] under the said section 1<]-
ma#- if the amount is in arrears-
61
["e recovered
62
[in the manner specified in sections
= to =7.]]]
*6
E(A. Rec2?er@ 29 ;2ne@s :@ e;p62@ers 1n8 c2ntr1ct2rs
+1,
63
[%he amount of contri"ution +that is to sa#- the emplo#erBs contri"ution as well as
the emplo#eeBs contri"ution in pursuance of an# /cheme and the emplo#erBs
contri"ution in pursuance of the (nsurance /cheme,]: and an# charges
62
[GGG] for
meeting the cost of administering the Fund paid or pa#a"le "# an emplo#er in respect of
an emplo#ee emplo#ed "# or through a contractor ma# "e recovered "# such emplo#er
from the contractor- either "# deduction from an# amount pa#a"le to the contractor
under an# contract or as a de"t pa#a"le "# the contractor.
+2, A contractor from whom the amounts mentioned in su"*section +1, ma# "e
recovered in respect of an# emplo#ee emplo#ed "# or through him- ma# recover from
such emplo#ee the emplo#eeBs contri"ution
11
[under an# /cheme] "# deduction from the
"asic wages- dearness allowance and retaining allowance +if an#, pa#a"le to such
emplo#ee.
+3, 4otwithstanding an# contract to the contrar#- no contractor shall "e entitled to
deduct the emplo#erBs contri"ution or the charges referred to in su"*section +1, from the
"asic wages- dearness allowance- and retaining allowance +if an#, pa#a"le to an
emplo#ee emplo#ed "# or through him or otherwise to recover such contri"ution or
charges from such emplo#ee.
!"planation% (n this section- the e.pression 1dearness allowance1 and 1retaining
allowance1 shall have the same meanings as in section 6.]
6&
E(B. Iss<e 29 certi9ic1te t2 t5e Rec2?er@ O99icer
+1, 6here an# amount is in arrears under section =- the authorised officer ma# issue-
to the 'ecover# Officer- a certificate under his signature specif#ing the amount of
arrears and the 'ecover# Officer- on receipt of such certificate- shall proceed to recover
the amount specified therein from the esta"lishment or- as the case ma# "e- the
emplo#er "# one or more of the modes mentioned "elow)
+a, attachment and sale of the mova"le or immova"le propert# of the
esta"lishment or- as the case ma# "e- the emplo#er:
+", arrest of the emplo#er and his detention in prison:
+c, appointing a receiver for the management of the mova"le or immova"le
properties of the esta"lishment or- as the case ma# "e- the emplo#er)
$'O@(E!E that the attachment and sale of an# propert# under this section shall
first "e effected against the properties of the esta"lishment and where such attachment
and sale is insufficient for recovering the whole of the amount of arrears specified in the
certificate- the 'ecover# Officer ma# ta8e such proceedings against the propert# of the
emplo#er for recover# of the whole or an# part of such arrears.
+2, %he authorised officer ma# issue a certificate under su"*section +1,- not
withstanding that proceedings for recover# of the arrears "# an# other mode have "een
ta8en.
(C. Rec2?er@ O99icer t2 B52; certi9ic1te is t2 :e 92rB1r8e8
+1, %he authorised officer ma# forward the certificate referred to in section = to the
'ecover# Officer within whose 9urisdiction the emplo#er
+a, carries on his "usiness or profession or within whose 9urisdiction the principal
place of his esta"lishment is situate: or
+", resides or an# mova"le or immova"le propert# of the esta"lishment or the
emplo#er is situate.
+2, 6here an esta"lishment or the emplo#er has propert# within the 9urisdiction of
more than one 'ecover# Officers and the 'ecover# Officer to whom a certificate is sent
"# the authorised officer
+a, is not a"le to recover to the entire amount "# the sale of the propert#- mova"le
or immova"le- within his 9urisdiction: or
+", is of the opinion that- for the purpose of e.pediting or securing the recover# of
the whole or an# part of the amount- it is necessar# so to do-
he ma# send the certificate or- where onl# a part of the amount is to "e recovered- a
cop# of the certificate certified in the prescri"ed manner and specif#ing the amount to
"e recovered to the 'ecover# Officer within whose 9urisdiction the esta"lishment or the
emplo#er has propert# or the emplo#er resides- and thereupon that 'ecover# Officer
shall also proceed to recover the amount due under this section as if the certificate or
the cop# thereof had "een the certificate sent to him "# the authorised officer.
(D. "16i8it@ 29 certi9ic1te 1n8 1;en8;ent t5ere29
+1, 6hen the authorised officer issues a certificate to 'ecover# Officer under section
=- it shall not "e open to the emplo#er to dispute "efore the 'ecover# Officer the
correctness of the amount- and no o"9ection to the certificate on an# other ground shall
also "e entertained "# the 'ecover# Officer.
+2, 4otwithstanding the issue of a certificate to a 'ecover# Officer- the authorised
officer shall have power to withdraw the certificate or correct an# clerical or arithmetical
mista8e in the certificate "# sending an intimation to the 'ecover# Officer.
+3, %he authorised officer shall intimate to the 'ecover# Officer an# order withdrawing
or cancelling a certificate or an# correction made "# him under su"*section +2, or an#
amendment made under su"*section +2, of section =!.
(E. St1@ 29 pr2cee8in>s <n8er certi9ic1te 1n8 1;en8;ent 2r Bit58r1B16 t5ere29
+1, 4otwithstanding that a certificate has "een issued to the 'ecover# Officer for the
recover# of an# amount- the authorised officer ma# grant time for the pa#ment of the
amount- and thereupon the 'ecover# Officer shall sta# the proceedings until the e.pir#
of the time so granted.
+2, 6here a certificate for the recover# of amount has "een issued- the authorised
officer shall 8eep the 'ecover# Officer informed of an# amount paid or time granted for
pa#ment- su"se5uent to the issue of such certificate.
+3, 6here the order giving rise to a demand of amount for which a certificate for
recover# has "een issued has "een modified in appeal or other proceeding under this
Act- and- as a conse5uence thereof- the demand is reduced "ut the order is the su"9ect*
matter of a further proceeding under this Act- the authorised officer shall sta# the
recover# of such part of the amount of the certificate as pertains to the said reduction for
the period for which the appeal or other proceeding remains pending.
+2, 6here a certificate for the recover# of amount has "een issued and su"se5uentl#
the amount of the outstanding demand is reduced as a result of an appeal or other
proceeding under this Act- the authorised officer shall- when the order which was the
su"9ect*matter of such appeal or other proceeding has "ecome final and conclusive-
amend the certificate or withdraw it- as the case ma# "e.
(#. Ot5er ;28es 29 rec2?er@
+1, 4otwithstanding the issue of a certificate to the 'ecover# Officer under section
=- the 0entral $rovident Fund 0ommissioner or an# other officer authorised "# the
0entral oard ma# recover the amount "# an# one or more of the modes provided in
this section.
+2, (f an# amount is due from an# person to an# emplo#er who is in arrears- the
0entral $rovident Fund 0ommissioner or an# other officer authorised "# the 0entral
oard in this "ehalf ma# re5uire such person to deduct from the said amount the
arrears due from such emplo#er under this Act- and such person shall compl# with an#
such re5uisition and shall pa# the sum so deducted to the credit of the 0entral $rovident
Fund 0ommissioner or the officer so authorised- as the case ma# "e)
$'O@(E!E that nothing in this su"*section shall appl# to an# part of the amount
e.empt from attachment in e.ecution of a decree of a civil court under section 6? of the
0ode of 0ivil $rocedure- 19?=.
+3, +i, %he 0entral $rovident Fund 0ommissioner or an# other officer authorised "#
the 0entral oard in this "ehalf ma#- at an# time or from time to time- "# notice in
writing- re5uire an# person from whom mone# is due or ma# "ecome due to the
emplo#er or- as the case ma# "e- the esta"lishment or an# person who holds or ma#
su"se5uentl# hold mone# for or on account of the emplo#er or as the case ma# "e- the
esta"lishment- to pa# to the 0entral $rovident Fund 0ommissioner either forthwith upon
the mone# "ecoming due or "eing held or at or within the time specified in the notice
+not "eing "efore the mone# "ecomes due or is held, so much of the mone# as is
sufficient to pa# the amount due from the emplo#er in respect of arrears or the whole of
the mone# when it is e5ual to or less than that amount.
+ii, A notice under this su"*section ma# "e issued to an# person who holds or ma#
su"se5uentl# hold an# mone# for or on account of the emplo#er 9ointl# with an# other
person and for the purposes of this su"*section- the shares of the 9oint*holders in such
account shall "e presumed- until the contrar# is proved- to "e e5ual.
+iii, A cop# of the notice shall "e forwarded to the emplo#er at his last address
8nown to the 0entral $rovident Fund 0ommissioner or- as the case ma# "e- the officer
so authorised and in the case of a 9oint account to all the 9oint*holders at their last
addresses 8nown to the 0entral $rovident Fund 0ommissioner or the officer so
authorised.
+iv, /ave as otherwise provided in this su"*section- ever# person to whom a notice
is issued under this su"*section shall "e "ound to compl# with such notice- and- in
particular- where an# such notice is issued to a post office- "an8 or an insurer- it shall
not "e necessar# for an# pass "oo8- deposit receipt- polic# or an# other document to "e
produced for the purpose of an# entr#- endorsement or the li8e "eing made "efore
pa#ment is made notwithstanding an# rule- practice or re5uirement to the contrar#.
+v, An# claim respecting an# propert# in relation to which a notice under this su"*
section has "een issued arising after the date of the notice shall "e void as against an#
demand contained in the notice.
+vi, 6here a person to whom a notice under this su"*section is sent o"9ects to it "#
a statement on oath that the sum demanded or an# part thereof is not due to the
emplo#er or that he does not hold an# mone# for or on account of the emplo#er- then-
nothing contained in this su"*section shall "e deemed to re5uire such person to pa# an#
such sum or part thereof- as the case ma# "e- "ut if it is discovered that such statement
was false in an# material particular- such person shall "e personall# lia"le to the 0entral
$rovident Fund 0ommissioner or the officer so authorised to the e.tent of his own
lia"ilit# to the emplo#er on the date of the notice- or to the e.tent of the emplo#erBs
lia"ilit# for an# sum due under this Act- whichever is less.
+vii, %he 0entral $rovident Fund 0ommissioner or the officer so authorised ma#- at
an# time or from time to time- amend or revo8e an# notice issued under this su"*section
or e.tend the time for ma8ing an# pa#ment in pursuance of such notice.
+viii, %he 0entral $rovident Fund 0ommissioner or the officer so authorised shall
grant a receipt for an# amount paid in compliance with a notice issued under this su"*
section- and the person so pa#ing shall "e full# discharged from his lia"ilit# to the
emplo#er to the e.tent of the amount so paid.
+i., An# person discharging an# lia"ilit# to the emplo#er after the receipt of a notice
under this su"*section shall "e personall# lia"le to the 0entral $rovident Fund
0ommissioner or the officer so authorised to the e.tent of his own lia"ilit# to the
emplo#er so discharged or to the e.tent of the emplo#erBs lia"ilit# for an# sum due under
this Act- whichever is less.
+., (f the person to whom a notice under this su"*section is sent fails to ma8e
pa#ment in pursuance thereof to the 0entral $rovident Fund 0ommissioner or the
officer so authorised he shall "e deemed to "e an emplo#er in default in respect of the
amount specified in the notice and further proceedings ma# "e ta8en against him for the
realisation of the amount as if it were an arrear due from him- in the manner provided in
sections = to =! and the notice shall have the same effect as an attachment of a de"t
"# the 'ecover# Officer in e.ercise of his powers under section =.
+2, %he 0entral $rovident Fund 0ommissioner or the officer authorised "# the 0entral
oard in this "ehalf ma# appl# to the court in whose custod# there is mone# "elonging
to the emplo#er for pa#ment to him of the entire amount of such mone#- or if it is more
than the amount due- an amount sufficient to discharge the amount due.
+5, %he 0entral $rovident Fund 0ommissioner or an# officer not "elow the ran8 of
Assistant $rovident Fund 0ommissioner ma#- if so authorised "# the 0entral
7overnment "# general or special order- recover an# arrears of amount due from an
emplo#er or- as the case ma# "e- from the esta"lishment "# distraint and sale of his or
its mova"le propert# in the manner laid down in the %hird /chedule to the (ncome %a.
Act- 1961 +23 of 1961,.
($. App6ic1ti2n 29 cert1in pr2?isi2ns 29 Inc2;e T17 Act
%he provisions of the /econd and %hird /chedules to the (ncome %a. Act- 1961 +23 of
1961,- and the (ncome %a. +0ertificate $roceedings, 'ules- 1962- as in force from time
to time- shall appl# with necessar# modifications as if the said provisions and the rules
referred to the arrears of the amount mentioned in section = of this Act instead of to the
(ncome %a.)
$'O@(E!E that an# reference in the said provisions and the rules to the 1assessee1
shall "e construed as a reference to an emplo#er as defined in this Act.
66
E9. #<n8 t2 :e rec2>nise8 <n8er Act 11 29 19**
For the purposes of the (ndian (ncome %a. Act- 1922- the Fund shall "e deemed to "e a
recognised provident fund within the meaning of 0hapter (J*A of that Act)
25
[$'O@(E!E that nothing contained in the said 0hapter shall operate to render
ineffective an# provision of the /cheme +under which the Fund is esta"lished, which is
repugnant to an# of the provisions of that 0hapter or of the rules made thereunder.]]
10. Pr2tecti2n 1>1inst 1tt1c5;ent
+1, %he amount standing to the credit of an# mem"er in the Fund
25
[or of an#
e.empted emplo#ee in a provident fund] shall not in an# wa# "e capa"le of "eing
assigned or charged and shall not "e lia"le to attachment under an# decree or order of
an# 0ourt in respect of an# de"t or lia"ilit# incurred "# the mem"er
25
[or the e.empted
emplo#ee]- and neither the official assignee appointed under the $residenc# %owns
(nsolvenc# Act- 19?9- nor an# receiver appointed under the $rovincial (nsolvenc# Act-
192?- shall "e entitled to- or have an# claim on- an# such amount.
56
[+2, An# amount standing to the credit of a mem"er in the Fund or of an e.empted
emplo#ee in a provident fund at the time of his death and pa#a"le to his nominee under
the /cheme or the rules of the $rovident Fund shall- su"9ect to an# deduction
authorised "# the said /cheme or rules- vest in the nominee and shall "e free from an#
de"t or other lia"ilit# incurred "# the deceased or the nominee "efore the death of the
mem"er or of the e.empted emplo#ee
9
[and shall also not "e lia"le to attachment under
an# decree or order of an# 0ourt.]
3?
[+3, %he provisions of su"*section +1, and su"*section +2, shall- so far as ma# "e-
appl# in relation to the famil# pension or an# other amount pa#a"le under the
33
[$ension] /cheme
11
[and also in relation to an# amount pa#a"le under the (nsurance
/cheme] as the# appl# in relation to an# amount pa#a"le out of the Fund.]
11. Pri2rit@ 29 p1@;ent 29 c2ntri:<ti2ns 2?er 2t5er 8e:ts
6<
[+1,]
6=
[6here an# emplo#er is ad9udicated in solvent or- "eing a compan#- an order
for winding up is made- the amount due
+a, from the emplo#er in relation to
12
[an esta"lishment] to which an#
69
[/cheme or
the insurance /cheme] applies in respect of an# contri"ution pa#a"le to the Fund
11
[or-
as the case ma# "e- the (nsurance Fund]- damages recovera"le under section 12-
accumulations re5uired to "e transferred under su"*section +2, of section 15 or an#
charges pa#a"le "# him under an# other provision of this Act or of an# provision of the
69
[/cheme or the (nsurance /cheme]: or
+", from the emplo#er in relation to an e.empted
<?
[esta"lishment] in respect of an#
contri"ution to
69
[the provident fund or an# insurance fund] +in so far as it relates to
e.empted emplo#ees,- under the rules of
69
[the provident fund or an# insurance fund]
3?
[an# contri"ution pa#a"le "# him towards the
33
[$ension] Fund under su"*section +6, of
section 1<-] damages recovera"le under section 12 or an# charges pa#a"le "# him to
the appropriate 7overnment under an# provision of this Act under an# of the conditions
specified under section 1<- shall where the lia"ilit# therefor has accrued "efore the
order of ad9udication or winding up is made- "e deemed to "e included] among the
de"ts which under section 29 of the $residenc# %owns (nsolvenc# Act- 19?9- or under
section 61 of the $rovincial (nsolvenc# Act- 192?- or under
61
[section 53? of the
0ompanies Act- 1956]- are to "e paid in priorit# to all other de"ts in the distri"ution of
the propert# of the insolvent or the assets of the compan# "eing wound up- as the case
ma# "e.
11
[!"planation% (n this su"*section and in section 1<- 1insurance fund1 means an# fund
esta"lished "# an emplo#er under an# /cheme for providing "enefits in the nature of life
insurance to emplo#ees- whether lin8ed to their deposits in provident fund or not-
without pa#ment "# the emplo#ees of an# separate contri"ution or premium in that
"ehalf.]
<1
[+2, 6ithout pre9udice to the provisions of su"*section +1,- if an# amount is due from
an emplo#er-
<2
[whether in respect of the emplo#eeBs contri"ution +deducted from the
wages of the emplo#ee, or the emplo#erBs contri"ution]- the amount so due shall "e
deemed to "e the first charge on the assets of the esta"lishment- and shall-
notwithstanding an#thing contained in an# other law for the time "eing in force- "e paid
in priorit# to all other de"ts.]
'!
E1*. E;p62@er n2t t2 re8<ce B1>es, etc.
4o emplo#er in relation to
12
[an esta"lishment] to which an#
69
[/cheme or the (nsurance
/cheme] applies shall- "# reason onl# of his lia"ilit# for the pa#ment of an# contri"ution
to
5<
[the Fund or the (nsurance Fund] or an# charges under this Act or the
5<
[/cheme or
the (nsurance /cheme]- reduce- whether directl# or indirectl#- the wages of an#
emplo#ee to whom the
5<
[/cheme or the (nsurance /cheme] applies or the total
5uantum of "enefits in the nature of old age pension- gratuit#
<2
[provident fund or life
insurance] to which the emplo#ee is entitled under the terms of his emplo#ment-
e.press or implied.]
1!. Inspect2rs
+1, %he appropriate government ma#- "# notification in the Official 7a;ette- appoint
such persons as it thin8s fit to "e (nspectors for the purposes of this Act
<5
[- the /cheme
<6
[- the
33
[$ension ] /cheme or the (nsurance /cheme]]- and ma# define their
9urisdiction.
+2, An# (nspector appointed under su"*section +1, ma#- for the purpose of in5uiring
into the correctness of an# information furnished in connection with this Act or with an#
<<
[/cheme or the (nsurance /cheme] or for the purpose of ascertaining whether an# of
the provisions of this Act or of an#
5<
[/cheme or the (nsurance /cheme] have "een
complied with
25
[ in respect of
12
[an esta"lishment] to which an#
<<
[/cheme or the
(nsurance /cheme] applies or for the purpose of ascertaining whether the provisions of
this Act or an#
<<
[/cheme or the (nsurance /cheme] are applica"le to an#
59
[esta"lishment] to which the
<<
[/cheme or the (nsurance /cheme] has not "een
applied or for the purpose of determining whether the conditions su"9ect to which
e.emption was granted under section 1< are "eing complied with "# the emplo#er in
relation to an e.empted
12
[esta"lishment].
+a, re5uire an emplo#er
26
[or an# contractor from whom an# amount is recovera"le
under section =A] to furnish such information as he ma# consider necessar#:
+", at an# reasona"le time
<=
[and with such assistance- if an#- as he ma# thin8 fit-
enter and search] an#
59
[esta"lishment]- or an# premises connected therewith and
re5uire an# one found in charge thereof to produce "efore him for e.amination an#
accounts- "oo8s- registers and other documents relating to the emplo#ment of persons
or the pa#ment of wages in the
<5
[esta"lishment]:
+c, e.amine- with respect to an# matter relevant to an# of the purposes aforesaid-
the emplo#er
26
[or an# contractor from whom an# amount is recovera"le under sections
=A]- his agent or servant or an# other person found in charge of the
59
[esta"lishment]- or
an# premises connected there with or whom the (nspector has reasona"le cause to
"elieve to "e or to have "een- an emplo#ee in the
59
[esta"lishment]:

122
[+d, ma8es copies of- or ta8e e.tracts from- an# "oo8- register or other document
maintained in relation to the esta"lishment and- where he has reason to "elieve that an#
offence under this Act has "een committed "# an emplo#er- sei;e with such assistance
as he ma# thin8 fit- such "oo8- register or other document or portions thereof as he ma#
consider relevant in respect of that offence:]
+e, e.ercise such other powers as the
125
[/cheme or the (nsurance /cheme] ma#
provide.
126
[+2A, An# (nspector appointed under su"*section +1, ma#- for the purpose of
in5uiring into the correctness of an# information furnished in connection with the
12<
[$ension] /cheme or for the purpose of ascertaining whether an# of the provisions of
this Act or of the
12<
[$ension] /cheme have "een complied with in respect of an
esta"lishments to which the
12<
[$ension] /cheme applies- e.ercise all or an# of the
powers conferred on him under clause +a,- +",- +c, or +d, of su"*s. +2,.]
129
[+2, %he provisions of the
12=
[0ode of 0riminal $rocedure- 1=9=]- shall- so far as
ma# "e- appl# to an# search or sei;ure under su"*section +2,
129
[or under su"*section
+2A,- as the case ma# "e-] as the# appl# to an# search and sei;ure made under the
authorit# of a warrant issued under
13?
[section 9=] of the said 0ode.

131
[GGG]
1&. Pen16ties
+1, 6hoever- for the purpose of avoiding an# pa#ment to "e made "# himself under
this Act
132
[the /cheme-
133
[-the
12<
[$ension] /cheme] or the (nsurance /cheme] or of
ena"ling an# other person to avoid such pa#ment 8nowingl# ma8es or causes to "e
made an# false statement or false representation shall "e punisha"le with imprisonment
for a term which ma# e.tend to
132
[one #ear- or with fine of five thousand rupees- or with
"oth].
135
[+1A, An emplo#er who contravenes- or ma8es default in compl#ing with- the
provisions of section 6 or clause +a, of su"*section +3, of section 1< in so far as it relates
to the pa#ment of inspection charges- or para 3= of the /cheme insofar as it relates to
the pa#ment of administrative charges- shall "e punisha"le with imprisonment for a term
which ma# e.tend to
136
[three #ears] "ut
+a, which shall not "e less than
13<
[one #ear and fine of ten thousand rupees] in
case of default in pa#ment of emplo#eesB contri"ution which has "een deducted "# the
emplo#er from the emplo#eesB wages:
13=
[+", which shall not "e less than si. months and fine of five thousand rupees- in
an# other case)]
139
[GGG]
$'O@(E!E that the court ma#- for an# ade5uate and special reasons to "e recorded
in the 9udgement- impose a sentence of imprisonment for a lesser term
12?
[GGG]
121
[+1, An emplo#er who contravenes- or ma8es default in compl#ing with- the
provisions of section 60- or clause +a, of su"*section +3A, of section 1< in so far as it
relates to pa#ment of inspection charges- shall "e punisha"le with imprisonment for a
term which ma# e.tend to
136
[one #ear] "ut which shall not "e less than
122
[/i. months]
and shall also "e lia"le to fine which ma# e.tend to
122
[five thousand rupees])
$'O@(E!E that the court ma#- for an# ade5uate and special reasons to "e recorded
in the 9udgement- impose a sentence of imprisonment for a lesser term
123
[GGG].]
+2,
122
[/u"9ect to the provisions of the Act- the /cheme-]
133
[the
l2=
[$ension] /cheme or
the (nsurance /cheme] ma# provide that an# person who contravenes- or ma8es default
in compl#ing with an# of the provisions thereof shall "e punisha"le with imprisonment
for a term which ma# e.tend to
132
[one #ear- or with fine which ma# e.tend to four
thousand rupees- or with "oth].]
125
[+2A, 6hoever contravenes or ma8es default in compl#ing with an# provision of this
Act or of an# condition su"9ect to which e.emption was granted under section 1< shall- if
no other penalt# is elsewhere provided "# or under this Act for such contravention or
non*compliance- "e punisha"le with imprisonment which ma# e.tend to
126
[si. months-
"ut which shall not "e less than one month- and shall also "e lia"le to fine which ma#
e.tend to five thousand rupees].]

125A
[GGG]
1&,
E1&A. O99ences :@ c2;p1nies
+1, (f the person committing offence under this Act-
12<
[the /cheme
12=
[- the
12<
[$ension] /cheme or the (nsurance /cheme]] is a compan#- ever# person- who at the
time the offence was committed was in charge of- and was responsi"le to- the compan#
for the conduct of the "usiness of the compan#- as well as the compan#- shall "e
deemed to "e guilt# of the offence and shall "e lia"le to "e proceeded against and
punished accordingl#)
$'O@(E!E that nothing contained in this su"*section shall render an# such person
lia"le to an# punishment- if he proves that the offence was committed without his
8nowledge or that he e.ercised all due diligence to prevent the commission of such
offence.
+2, 4otwithstanding an#thing contained in su"*section +1,- where an offence under
this Act
12<
[- the /cheme-
12=
[the
12<
[$ension] /cheme or the (nsurance /cheme]] has
"een committed "# a compan# and it is proved that the offence has "een committed
with the consent or connivance of- or is attri"uta"le to- an# neglect on the part of- an#
director or manager- secretar# or other officer of the compan#- such director- manager-
secretar# or other officer shall "e deemed to "e guilt# of that offence and shall "e lia"le
to "e proceeded against and punished accordingl#.
!"planation% For the purposes of this section
+i, 1compan#1 means an# "od# corporate and includes a firm and other association of
individuals: and
+ii, 1director1- in relation to a firm- means a partner in the firm.]
1&9
E1&AA. En51nce8 p<nis5;ent in cert1in c1ses 19ter pre?i2<s c2n?icti2n
6hoever- having "een convicted "# a court of an offence punisha"le under this Act- the
/cheme-
12=
[- the
12<
[$ension] /cheme or the (nsurance /cheme]- commits the same
offence shall "e su"9ect for ever# such su"se5uent offence to imprisonment for a term
which ma# e.tend to
15?
[five #ears- "ut which shall not "e less than two #ears- and shall
also "e lia"le to a fine of twent#*five thousand rupees.]
1&AB. Cert1in 299ences t2 :e c2>niH1:6e
+1, 4otwithstanding an#thing contained in
12=
[0ode of 0riminal $rocedure- 1=9= +5 of
1=9=,]- an offence relating to default in pa#ment of contri"ution "# the emplo#er
punisha"le under this Act shall "e cogni;a"le.
1&AC. C2>niH1nce 1n8 tri16 29 299ences
+1, 4o court shall ta8e cogni;ance of an# offence punisha"le under this Act- the
/cheme or-
12=
[the
12<
[$ension] /cheme or the (nsurance /cheme]- e.cept on a report in
writing of the facts constituting such offence made with the previous sanction of the
0entral $rovident Fund 0ommissioner or such other officer as ma# "e authorised "# the
0entral 7overnment- "# notification in the Official 7a;ette- in this "ehalf- "# an
inspector appointed under section 13.
+2, 4o court inferior to that of a $residenc# Aagistrate or a Aagistrate of the first
class shall tr# an# offence under this Act or the /cheme or
12=
[- the
12<
[$ension] /cheme
or the (nsurance /cheme.]]
1&,
E1&B. P2Ber t2 rec2?er 81;1>es
6here an emplo#er ma8es default in the pa#ment of an# contri"ution to the Fund
151
[-
the
12<
[$ension] Fund or the (nsurance Fund] or in the transfer of accumulations re5uired
to "e transferred "# him under su"*section +2, of section 15
152
[or su"*section +5, of
section 1<] or in the pa#ment of an# charges pa#a"le under an# other provision of this
Act or of
153
[an# /cheme or (nsurance /cheme] or under an# of the conditions specified
under section 1<-
153
[the 0entral $rovident Fund 0ommissioner or such other officer as
ma# "e authorised "# the 0entral 7overnment- "# notification in the Official 7a;ette- in
this "ehalf] ma# recover
155
[from the emplo#er "# wa# of penalt# such damages- not
e.ceeding the amount of arrears- as ma# "e specified in the /cheme)]
135
[$'O@(E!E that "efore lev#ing and recovering such damages- the emplo#er shall "e
given a reasona"le opportunit# of "eing heard)]
156
[$'O@(E!E FF'%D!' that the 0entral oard ma# reduce or waive the damages
levied under this section in relation to an esta"lishment which is a sic8 industrial
compan# and in respect of which /cheme for reha"ilitation has "een sanctioned "# the
oard for (ndustrial and Financial 'econstruction esta"lished under section 2 of the
/ic8 (ndustrial 0ompanies +/pecial $rovisions, Act- 19=5 +1 of 19=6,- su"9ect to such
terms and conditions as ma# "e specified in the /cheme.]
1!,
E1&C. P2Ber 29 c2<rt t2 ;1=e 2r8ers
+1, 6here an emplo#er is convicted of an offence of ma8ing default in the pa#ment of
an# contri"ution to the Fund
15<
[- the
12<
[$ension] Fund or the (nsurance Fund] or in the
transfer of accumulations re5uired to "e transferred "# him under su"*section +2, of
section 15 or su"*section +5, of section 1<- the court ma#- in addition to awarding an#
punishment- "# order in writing re5uire him within a period specified in the order +which
the court ma#- if it thin8s fit and on application in that "ehalf- from time to time- e.tend,-
to pa# the amount of contri"ution or transfer the accumulations- as the case ma# "e- in
respect of which the offence was committed.
+2, 6here an order is made under su"*section +1,- the emplo#er shall not "e lia"le
under this Act in respect of the continuation of the offence during the period or e.tended
period- if an#- allowed "# the court- "ut if- on the e.pir# of such period or e.tended
period- as the case ma# "e- the order of the court has not "een full# complied with- the
emplo#er shall "e deemed to have committed a further offence and shall "e punished
with imprisonment in respect thereof under section 12 and shall also "e lia"le to pa#
fine which ma# e.tend to one hundred rupees for ever# da# after such e.pir# on which
the order has not "een complied with.]
1,. Speci16 pr2?isi2ns re61tin> t2 e7istin> pr2?i8ent 9<n8s
+1,
15=
[/u"9ect to the provisions of section 1<- ever# emplo#ee who is a su"scri"er to
an# provident fund of
159
[an esta"lishment] to which this Act applies shall- pending the
application of a /cheme to] the
159
[esta"lishment] in which he is emplo#ed- continue to
"e entitled to the "enefits accruing to him under the provident fund- and the provident
fund shall continue to "e maintained in the same manner and su"9ect to the same
conditions as it would have "een if this Act had not "een passed.
+2,
15=
[On the application of an# /cheme to
159
[esta"lishment]- the accumulations in
an# provident fund of the
159
[esta"lishment]- standing to the credit of the emplo#ees who
"ecome mem"ers of the fund esta"lished under the /cheme] shall- notwithstanding
an#thing to the contrar# contained in an# law for the time "eing in force or in an# deed
or other instrument esta"lishing the provident fund "ut su"9ect to the provisions- if an#-
contained in the /cheme- "e transferred to the Fund esta"lished under the /cheme-
and shall "e credited to the accounts of the emplo#ees entitled thereto in the Fund.
16. Act n2t t2 1pp6@ t2 cert1in est1:6is5;ents
16?
[+1, %his Act shall not appl#
+a, to an# esta"lishment registered under the 0o*operative /ocieties Act- 1912- or
under an# other law for the time "eing in force in an# /tate relating to co*operative
societies- emplo#ing less than fift# persons and wor8ing without the aid of power- or
161
[+", to an# other esta"lishment "elonging to or under the control of the 0entral
7overnment or a /tate 7overnment and whose emplo#ees are entitled to the "enefit of
0ontri"utor# provident fund or old age pension in accordance with an# scheme or rule
framed "# the 0entral 7overnment or the /tate 7overnment governing such "enefits- or
+c, to an# other esta"lishment set up under an# 0entral- $rovincial or /tate Act and
whose emplo#ees are entitled to the "enefits of contri"utor# provident fund or old age
pension in accordance with an# scheme or rule framed under that Act governing such
"enefits.
162
[G G ]
125
[+2, (f the 0entral 7overnment is of opinion that having regard to the financial
position of an# class of
163
[esta"lishments] or other circumstances of the case- it is
necessar# or e.pedient so to do- it ma#- "# notification in the Official 7a;ette- and
su"9ect to such conditions as ma# "e specified in the notification- e.empt
162
[- whether
prospectivel# or retrospectivel#-] that class of
163
[esta"lishments] from the operation of
this Act or such period as ma# "e specified in the notification.]
1,6
E16A. A<t52risin> cert1in e;p62@ers t2 ;1int1in pr2?i8ent 9<n8 1cc2<nts
+1, %he 0entral 7overnment ma#- on an application made to it in this "ehalf "# the
emplo#er and the ma9orit# of emplo#ees in relation to an esta"lishment emplo#ing one
hundred or more persons- authorise the emplo#er- "# an order in writing- to maintain a
provident fund account in relation to the esta"lishment- su"9ect to such terms and
conditions as ma# "e specified in the /cheme)
$'O@(E!E that no authorisation shall "e made under this su"*section if the
emplo#er of such esta"lishment had committed an# default in the pa#ment of provident
fund contri"ution or had committed an# other offence under this Act during the three
#ears immediatel# preceding the date of such authorisation.
+2, 6here an esta"lishment is authorised to maintain a provident fund account under
su"*section +1,- the emplo#er in relation to such esta"lishment shall maintain such
account- su"mit such return- deposit the contri"ution in such manner- provide for such
facilities for inspection- pa# such administrative charges- and a"ide "# such other terms
and conditions- as ma# "e specified in the /cheme.
+3, An# authorisation made under this section ma# "e cancelled "# the 0entral
7overnment "# order in writing if the emplo#er fails to compl# with an# of the terms and
conditions of the authorisation or where he commits an# offence under an# provision of
this Act)
$'O@(E!E that "efore cancelling the authorisation- the 0entral 7overnment shall
give the emplo#er a reasona"le opportunit# of "eing heard.]
1'. P2Ber t2 e7e;pt
+1, %he appropriate government ma#- "# notification in the Official 7a;ette- and
su"9ect to such conditions as ma# "e specified in the notification-
165
[e.empt- whether
prospectivel# or retrospectivel#- from the operation] of all or an# of the provisions of an#
/cheme)
+a, an#
166
[esta"lishment] to which this Act applies if- in the opinion of the
appropriate government- the rules of its provident fund with respect to the rates of
contri"ution are not less favoura"le than those specified in section 6 and the emplo#ees
are also in en9o#ment of other provident fund "enefits which on the whole are not less
favoura"le to the emplo#ees than the "enefits provided under this Act or an# /cheme in
relation to the emplo#ees in an# other
166
[esta"lishment] of similar character- or
+", an#
166
[esta"lishment] if the emplo#ees of such
166
[esta"lishment] are in
en9o#ment of "enefits in the nature of provident fund- pension or gratuit# and the
appropriate government is of opinion that such "enefits- separatel# or 9ointl#- are on the
whole not less favoura"le to such emplo#ees than the "enefits provided under this Act
or an# /cheme in relation the emplo#ees in an# other
166
[esta"lishment] of a similar
character.
16<
[GGG]
16=
[$'O@(E!E that no such e.emption shall "e made e.cept after consultation with
the 0entral oard which on such consultation shall forward its views on e.emption to
the appropriate government within such time limit as ma# "e specified in the /cheme.]
169
[+1A, 6here an e.emption has "een granted to an esta"lishment under clause +a, of
su"*section +1,-
+a, the provisions of sections 6- <A- = and 12 shall- so far as ma# "e- appl# to the
emplo#er of the e.empted esta"lishment in addition to such other conditions as ma# "e
specified in the notification granting such e.emption- and where such emplo#er
contravenes- or ma8es default in compl#ing with an# of the said provisions or conditions
or an# other provision of this Act- he shall "e punisha"le under section 12 as if the said
esta"lishment had not "een e.empted under the said clause +a,:
+", the emplo#er shall esta"lish a oard of %rustees for the administration of the
$rovident Fund consisting of such num"er of mem"ers as ma# "e specified in the
/cheme:
+c, the terms and conditions of service of mem"ers of the oard of %rustees shall
"e such as ma# "e specified in the /cheme:
+d, the oard of %rustees constituted under clause +", shall*
+i, maintain detailed accounts to show the contri"utions credited- withdrawals
made and interest accrued in respect of each emplo#ee:
+ii, su"mit such returns to the 'egional $rovident Fund 0ommissioner or an#
other officer as the 0entral 7overnment ma# direct from time to time:
+iii, invest the provident fund monies in accordance with the directions issued "#
the 0entral 7overnment from time to time:
+iv, transfer- where necessar#- the provident fund account of an# emplo#ee: and
+v, perform such other duties as ma# "e specified in the /cheme.
+1, 6here the oard of %rustees esta"lished under clause +", of su"*section +1A,
contravenes- or ma8es default in compl#ing with- an# provisions of clause +d, of that
su"*section- the %rustees of the said oard shall "e deemed to have committed an
offence under su"*section +2A, of section 12 and shall "e punisha"le with the penalties
provided in that su"*section.
1<?
[+10, %he appropriate government ma#-"# notification in the Official 7a;ette-and
su"9ect to the condition on the pattern of investment of pension fund and such other
conditions as ma# "e specified therein- e.empt an# esta"lishment or class of
esta"lishments from the operation of the $ension /cheme if the emplo#ees of such
esta"lishment or class of esta"lishments are either mem"ers of an# other pension
scheme or propose to "e mem"ers of such pension scheme- where the pensionar#
"enefits are at par or more favoura"le than the $ension /cheme under this Act-]
+2, An# /cheme ma# ma8e provision for e.emption of an# person or class of persons
emplo#ed in an#
166
[esta"lishment] to which the /cheme applies from the operation of
all or an# of the provisions of the /cheme- if such person or class of persons is entitled
to "enefits in the nature of provident fund- gratuit# or old age pension and such "enefits-
separatel# or 9ointl#- are on the whole not less favoura"le than the "enefits provided
under this Act or the /cheme)
$'O@(E!E that no such e.emption shall "e granted in respect of a class of persons
unless the appropriate government is of opinion that the ma9orit# of persons constituting
such class desire to continue to "e entitled to such "enefits.
1<1
[+2A,
1<2
[%he 0entral $rovident Fund 0ommissioner ma#- if re5uested so to do "# the
emplo#er- "# notification in the Official 7a;ette- and su"9ect to such conditions as ma#
"e specified in the notification- e.empt- whether prospectivel# or retrospectivel#- an#
esta"lishment from the operation of all or an# of the provisions of the (nsurance
/cheme- if he is satisfied] that the emplo#ees of such esta"lishment are- without ma8ing
an# separate contri"ution or pa#ment of premium- in en9o#ment of "enefits in the nature
of life insurance- whether lin8ed to their deposits in provident fund or not- and such
"enefits are more favoura"le to such emplo#ees than the "enefits admissi"le under the
(nsurance /cheme.
+2, 6ithout pre9udice to the provisions of su"*section +2A,- the (nsurance /cheme
ma# provide for the e.emption of an# person or class of persons emplo#ed in an#
esta"lishment and covered "# that /cheme from the operation of all or an# of the
provisions thereof- if the "enefits in the nature of life insurance admissi"le to such
person or class of persons are more favoura"le than the "enefits provided under the
(nsurance /cheme.]

1<3
[+3, 6here in respect of an# person or class of persons emplo#ed in an
esta"lishment an e.emption is granted under this section from the operation of all or
an# of the provisions of an# scheme +whether such e.emption has "een granted to the
esta"lishment wherein such person or class of persons is emplo#ed or to the person or
class of persons as such,- the emplo#er in relation to such esta"lishment*
+a, shall- in relation to the provident fund- pension and gratuit# to which an# such
person or class of persons is entitled- maintain such accounts- su"mit such returns-
ma8e such investment- provide for such facilities for inspection and pa# such inspection
charges- as the 0entral 7overnment ma# direct:
+", shall not- at an# time after the e.emption- without the leave of the 0entral
7overnment- reduce the total 5uantum of "enefits in the nature of pension- gratuit# or
provident fund to which an# person or class of persons was entitled at the time of the
e.emption: and
+c, shall- where an# such person leaves his emplo#ment and o"tains re*
emplo#ment in another esta"lishment to which this Act applies- transfer within such time
as ma# "e specified
1<2
[in this "ehalf "# the 0entral 7overnment- the amount of
accumulations- to the credit of that person in the provident fund of the esta"lishment left
"# him to the credit of that personBs account in the provident fund of the esta"lishment in
which he is re*emplo#ed or- as the case ma# "e- in the fund esta"lished under the
/cheme applica"le to the esta"lishment.]
1<1
[+3A, 6here- in respect of an# person or class of persons emplo#ed in an#
esta"lishment- an e.emption is granted under su"*section +2A, or su"*section +2, from
the operation of all or an# of the provisions of the (nsurance /cheme +whether such
e.emption is granted to the esta"lishment wherein such person or class of persons is
emplo#ed or to the person or class of persons as such,- the emplo#er in relation to such
esta"lishment)
+a, shall- in relation to the "enefits in the nature of life insurance- to which an# such
person or class of persons is entitled- or an# insurance fund- maintain such accounts-
su"mit such returns- ma8e such investments- provide for such facilities for inspection
and pa# such inspection charges- as the 0entral 7overnment ma# direct:
+", shall not- at an# time after the e.emption without the leave of the 0entral
7overnment- reduce the total 5uantum of "enefits in the nature of life insurance to
which an# such person or class of persons was entitled immediatel# "efore the date of
the e.emption:
1<5
[GGG]
+2, an# e.emption granted under this section ma# "e cancelled "# the authorit# which
granted it- "# order in writing- if an emplo#er fails to compl#- *
+a, in the case of an e.emption granted under su"*section +1,- with an# of the
conditions imposed under that su"*section
16=
[or su"*section+1A,or with an# of the
provisions of the su"*section +3,:
1<6
[GGG]
129
[+aa, in the case of an e.emption granted under su"*section
1<<
[+10,]- with an# of
the conditions imposed under that su"*section: and]
+", in the case of an e.emption granted under su"*section +2,- with an# of the
provisions of su"*section +3,:
1<1
[+c, in the case of an e.emption granted under su"*section +2A,- with an# of the
conditions imposed under that su"*section or with an# of the provisions of su"*section
+3A,:
+d, in the case of an e.emption granted under su"*section +2,- with an# of the
provisions of su"*section +3A,.]
1<=
[+5, 6here an# e.emption granted under su"*section +1,- su"*section
1<<
[+10,]-
1<9
[su"*section +2,- su"*section +2A, or su"*section +2,] is cancelled- the amount of
accumulations to the credit of ever# emplo#ee to whom such e.emption applied- in the
provident fund-
15<
[the
12<
[$ension] Fund or the (nsurance Fund] of the esta"lishment in
which he is emplo#ed
152
[together with an# amount forfeited from the emplo#erBs share
of contri"ution to the credit of the emplo#ee who leaves the emplo#ment "efore the
completion of the full period of service] shall "e transferred within such time and in such
manner as ma# "e specified in the /cheme or the
12<
[$ension] /cheme
152
[or the
(nsurance /cheme] to the credit of his account in the Fund or the
12<
[$ension] Fund
152
[or the (nsurance Fund]- as the case ma# "e.]
+6, /u"9ect to the provisions of su"*section
1<<
[+10,]- the emplo#er of an e.empted
esta"lishment to which the provisions of the
12<
[$ension] /cheme appl#- shall-
notwithstanding an# e.emption granted under su"*section +1, or su"*section +2,- pa# to
the
12<
[$ension] Fund such portion of the emplo#ers contri"ution
15<
[GGG] to its provident
fund within such time and in such manner as ma# "e specified in the
1=?
[$ension]
/cheme.]
1,*
E1'A. Tr1ns9er 29 1cc2<nts
+1, 6here an emplo#ee emplo#ed in an esta"lishment to which this Act applies
leaves his emplo#ment and o"tains re*emplo#ment in another esta"lishment to which
this Act does not appl#- the amount of accumulations to the credit of such emplo#ee in
the Fund- or as the case ma# "e- in the provident fund of the esta"lishment left "# him
shall "e transferred- within such time as ma# "e specified "# the 0entral 7overnment in
this "ehalf- to the credit of his account in the provident fund of the esta"lishment in
which he is re*emplo#ed- if the emplo#ee so desires and the rules in relation to that
provident fund permit such transfer.
+2, 6here an emplo#ee emplo#ed in an esta"lishment to which this Act does not
appl# leaves his emplo#ment and o"tains re*emplo#ment in another esta"lishment to
which this Act applies- the amount of accumulations to the credit of such emplo#ee in
the provident fund of the esta"lishment left "# him ma#- if the emplo#ee so desires and
the rules in relation to such provident fund permit- "e transferred to the credit of his
account in the Fund or as the case ma# "e- in the provident fund of the esta"lishment in
which he is re*emplo#ed.]
1'1
E1'AA. Act t2 51?e e99ect n2tBit5st1n8in> 1n@t5in> c2nt1ine8 in Act !1 29 19,6
%he provisions of this Act shall have effect notwithstanding an#thing inconsistent
therewith contained in the Cife (nsurance Act- 1956.]
1!,
E1'B. Li1:i6it@ in c1se 29 tr1ns9er 29 est1:6is5;ent
6here an emplo#er- in relation to an esta"lishment- transfers that esta"lishment in
whole or in part- "# sale- gift- lease or license or in an# other manner whatsoever- the
emplo#er and the person to whom the esta"lishment is so transferred shall 9ointl# and
severall# "e lia"le to pa# the contri"ution and other sums due from the emplo#er under
an# provision of this Act or the /cheme or the
12<
[$ension] /cheme- as the case ma# "e-
in respect of the period up to the date of such transfer)
$'O@(E!E that the lia"ilit# of the transferee shall "e limited to the value of the assets
o"tained "# him "# such transfer.]
1(1
E1(. Pr2tecti2n 29 1cti2n t1=en in >228 91it5
4o suit- prosecution of other legal proceeding shall lie against the 0entral 7overnment-
a /tate 7overnment- the $residing Officer of a %ri"unal- an# authorit# referred to in
section <A- an (nspector or an# other person for an#thing which is in good faith done or
intended to "e done in pursuance of this Act- the /cheme- the
12<
[$ension] or the
(nsurance /cheme.
1(A. Presi8in> 299icer 1n8 2t5er 299icers t2 :e p<:6ic ser?1nts
%he $residing Officer of a %ri"unal- its officers and other emplo#ees- the authorities
referred to in section <A and ever# (nspector shall "e deemed to "e pu"lic servants
within the meaning of section 21 of (ndian $enal 0ode +25 of 1=6?,.]
1(*
E19. De6e>1ti2n 29 p2Bers
%he appropriate government ma# direct that an# power or authorit# or 9urisdiction
e.ercisa"le "# it under this Act- the /cheme
1=3
[- the
12<
[$ension] /cheme or the
(nsurance /cheme] shall- in relation to such matters and su"9ect to such conditions- if
an#- as ma# "e specified in the direction- "e e.ercisa"le also)
+a, where the appropriate government is the 0entral 7overnment- "# such officer or
authorit# su"ordinate to the 0entral 7overnment or "# the /tate 7overnment or "# such
officer or authorit# su"*ordinate to the /tate 7overnment- as ma# "e specified in the
notification: and
+", where the appropriate government is a /tate 7overnment- "# such officer or
authorit# su"ordinate to the /tate 7overnment as ma# "e specified in the notification.]
1(&
E*0. P2Ber 29 Centr16 $2?ern;ent t2 >i?e 8irecti2ns
%he 0entral 7overnment ma#- from time to time- give such directions to the 0entral
oard as it ma# thin8 fit for the efficient administration of this Act and when- an# such
direction is given- the 0entral oard shall compl# with such direction.
*1. P2Ber t2 ;1=e r<6es
+1, %he 0entral 7overnment ma#- "# notification in the Official 7a;ette- ma8e rules to
carr# out the provisions of this Act.
+2, 6ithout pre9udice to the generalit# of the foregoing power- such rules ma# provide
for all or an# of the following matters- namel#)
+a, the salar# and allowances and other terms and conditions of service of the
$residing Officer and the emplo#ees of a %ri"unal:
+", the form and the manner in which- and the time within which- an appeal shall "e
filed "efore a %ri"unal and the fees pa#a"le for filing such appeal:
+c, the manner of certif#ing the cop# of the certificate- to "e forwarded to the
'ecover# Officer under su"*section +2, of section =0: and
+d, an# other matter- which has to "e- or ma# "e- prescri"ed "# rules under this
Act.
+3, !ver# rule made under this Act shall "e laid- as soon as ma# "e after it is made-
"efore each Douse of $arliament- while it is in session- for a total period of thirt# da#s
which ma# "e comprised in one session or in two or more successive sessions- and if-
"efore the e.pir# of the session immediatel# following the session or the successive
sessions aforesaid- "oth Douses agree in ma8ing an# modification in the rule or "oth
Douses agree that the rule should not "e made- the rule shall thereafter have effect onl#
in such modified form or "e of no effect- as the case ma# "e: so- however- that an# such
modification or annulment shall "e without pre9udice to the validit# of an#thing
previousl# done under that rule.
**. P2Ber t2 re;2?e 8i99ic<6ties
+1, (f an# difficult# arises in giving effect to the provisions of this Act- as amended "#
the !mplo#eesB $rovident Funds and Aiscellaneous $rovisions +Amendment, Act- 19==-
the 0entral 7overnment ma#- "# order pu"lished in the Official 7a;ette- ma8e such
provisions- not inconsistent with the provisions of this Act as appear to it to "e
necessar# or e.pedient for the removal of the difficult#)
$'O@(E!E that no such order shall "e made after the e.pir# of a period of three
#ears from the date on which the said Amendment Act receives the assent of the
$resident.
+2, !ver# order made under this section shall- as soon as ma# "e after it is made- "e
laid "efore each Douse of $arliament.]

SCHED%LE I
(See sections 2(i) and #)
An# industr# engaged in the manufacture
1=5
[GGG] of an# of the following- namel#)
0ement.
0igarettes.
!lectrical- mechanical or general engineering products.
(ron and steel.
$aper.
%e.tiles +made wholl# or in part of cotton or wool or 9ute or sil8- whether natural or
artificial,.
1=6
[1. Aatches.
2. !di"le oils and fats.
3. /ugar.
2. 'u""er and ru""er products.
5. !lectricit#- including the generation- transmission and distri"ution thereof.
6. %ea.
<. $rinting [other than printing industr# relating to newspaper esta"lishments as
defined in the 6or8ing >ournalists +0onditions of /ervice, and Aiscellaneous $rovisions
Act- 1955 +25 of 1955,- including the process of composing t#pes for printing- printing "#
letter*press- lithograph#- photogravure or other similar process or "oo8"inding.]
=. 7lass.
9. /tone*ware pipes.
1?. /anitar# wares.
11. !lectrical porcelain insulators of high and low tension.
12. 'efractories.
13. %iles.]
1=<
[1. Deav# and fine chemicals- including)
+i, Fertilisers-
+ii, %urpentine-
+iii, 'esin-
+iv, Aedical and pharmaceutical preparations-
+v, %oilet preparations-
+vi, /oaps-
+vii, (n8s-
+viii, (ntermediates- d#es- colour lacs and toners-
+i., Fatt# acids- and
1==
[+., O.#gen- acet#lene and car"on*dio.ide gases industr#.]
2. (ndigo.
3. Cac including shellac.
2. 4on*edi"le- vegeta"le and animal oils and fats.]
1=9
[Aineral oil refining industr#.]
19?
[+i, (ndustrial and power alcohol industr#: and
+ii, As"estos cement sheets industr#.]
191
[iscuit*ma8ing industr# including composite units ma8ing "iscuits and products
such as "read- confectioner# and mil8 and mil8 powder.]
192
[Aica industr#.]
193
[$l#wood industr#.]
192
[Automo"ile repairing and servicing industr#.]

195
[1. 'ice milling.
2. Flour milling
3. Eal milling.]
196
[/tarch industr#.]
19<
[1. $etroleum or natural gas e.ploration- prospecting- drilling or production.
2. $etroleum or natural gas refining.]
19=
[Ceather and leather products industr#.]
199
[1. /tone*ware 9ars.
2. 0roc8er#.]
2??
[%he fruit and vegeta"le preservation industr#- that is to sa#- an# industr# which is
engaged in the preparation or production of an# of the following articles- namel#)
+i, canned and "ottled fruits- 9uices and pulps-
+ii, canned and "ottled vegeta"les-
+iii, fro;en fruits and vegeta"les-
+iv, 9ams- 9ellies and marmalades-
+v, tomato products- 8etchups and sauces-
+vi, s5uashes- crushes- cordials and read#*to*serve "everages or an# other
"everages containing fruit 9uice or fruit pulp-
+vii, preserved- canned and cr#stallised fruits and peels-
+viii, chutne#s-
+i., an# other unspecified item relating to the preservation or canning of fruits and
vegeta"les.]
2?1
[0ashewnut industr#.]
2?2
[0onfectioner# industr#.]
2?3
[1. uttons.
2. rushes.
3. $lastic and plastic products.
2. /tationer# products.]
2?2
[%he aerated water industr#- that is to sa#- an# industr# engaged in the manufacture of
aerated water- soft drin8s or car"onated water.]
2?5
[%he distilling and rectif#ing of spirits +not falling under industrial and power alcohol,
and "lending of spirits industr#.]
2?6
[%he paint and varnish industr#.]
2?<
[one crushing industr#.]
2?=
[$ic8ers industr#.]
2?9
[Ail8 and mil8 products industr#.]
21?
[4on*ferrous metals and allo#s in the form of ingots industr#.]
211
[read industr#.]
212
[/temming or re*dr#ing of to"acco leaf industr#- that is to sa#- an# industr# engaged
in the stemming- re*dr#ing- handling- sorting- grading or pac8ing of to"acco leaf.]
213
[Agar"attee +including dhoop and dhoop"attee, industr#.]
212
[0oir +e.cluding the spinning sector, industr#.]
215
[%o"acco industr#- that is to sa#- an# industr# engaged in the manufacture of cigars-
;arda- snuff- 5uivam and gura8u from to"acco.]
216
[$aper products industr#.]
21<
[Cicensed salt industr#- that is to sa#- an# industr# engaged in the manufacture of
salt for which a license is necessar# and which has land not less than 2.?5 hectares.]
21=
[Cinoleum industr# and indoleum industr#.]
219
[!.plosive industr#.]
22?
[>ute "ailing or pressing industr#.]
221
[Fire*wor8s and percussion cap wor8s industr#.]
222
[%ent ma8ing industr#.]
223
[Ferro*manganese industr#.]
222
[(ce or ice*cream industr#.]
225
[6inding of thread and #arn reeling industr#.]
226
[0otton ginning- "aling and pressing industr#.]
22<
[Hatha ma8ing industr#.]
22=
[eer manufacturing industr#- that is to sa#- an# industr# engaged in the
manufacture of the product of alcoholic fermentation of a mash in pota"le water of
malted "arle# and hops- or of hops concentrated with or without the addition of other
malted or unmalted cereals or other car"oh#drate preparations.]
229
[eedi industr#- that is to sa#- an# industr# engaged in manufacture of "eedies.]
23?
[Ferro*chrome industr#.]
231
[Eiamond cutting industr#.]
232
[A#ro"alan e.tract powder- m#ro"alan e.tract solid and vegeta"le tannin "lended
e.tract industries.]
233
[ric8 industr#.]
232
[All industries "ased on as"estos as principal raw material.]
235
[(ndustries manufacturing iron ore pellets.]
125
[!"planation% (n this /chedule- without pre9udice to the ordinar# meaning of the
e.pressions used therein-)
+a, the e.pression 1!lectrical- mechanical or general engineering products1 includes )
+1, machiner# and e5uipment for the generation- transmission- distri"ution or
measurement of electrical energ# and motors including ca"les and wires-
+2, telephones- telegraph and wireless communication apparatus-
+3, electric lamps +not including glass "ul"s,-
+2, electric fans and electrical domestic appliances-
+5, storage and dr# "atteries-
+6, radio receivers and sound reproducing instruments-
+<, machiner# used in industr# +including te.tile machiner#, other than electrical
machiner# and machine tools-
+=, "oilers and prime movers- including internal com"ustion engines- marine engines
and locomotives-
+9, machines tools- that is to sa#- metal and wood wor8ing machiner#-
+1?, grinding wheels-
+11, ships
+12, automo"iles and tractors-
+13, "olts- nuts and rivets-
+12, power*driven pumps-
+15, "ic#cles-
+16, hurricane lanterns-
+1<, sewing and 8nitting machines-
+1=, mathematical and scientific instruments-
+19, products of metal rolling and re*rolling-
+2?, wires- pipes- tu"es and fittings-
+21, ferrous and non*ferrous castings-
+22, safes- vaults and furniture made of iron and steel or steel allo#s-
+23, cutler# and surgical instruments-
+22, drums and containers-
+25, parts and accessories of products specified in items 1 to 22:
+", the e.pression Biron and steelB includes pig iron- ingots- "looms- "illets and rolled
or re*rolled products into "asic forms and tool and allo# steel:
+c, the e.pression BpaperB includes pulp- paper"oard and straw*"oard:
+d, the e.pression Bte.tilesB includes the products of carding- spinning- weaving-
finishing and d#eing #arn and fa"rics- printing- 8nitting and em"roidering.]

SCHED%LE II C MATTERS #OR +HICH PRO"ISION MA) BE MADE IN A SCHEME
2&$
[See section '(1()]
1. %he emplo#ees or class of emplo#ees who shall 9oin the Fund- and the conditions
under which emplo#ees ma# "e e.empted from 9oining the Fund or from ma8ing an#
contri"ution.
2. %he time and manner in which contri"ution shall "e made to the Fund "#
emplo#ers and "#- or on "ehalf of- emplo#ees-
152
[whether emplo#ed "# him directl# or
"# or through contractor,]- the contri"utions which an emplo#ee ma#- if he so desires-
ma8e under
23<
[GGG] section 6- and the manner in which such contri"utions ma# "e
recovered.
152
[2A. %he manner in which emplo#eesB contri"ution ma# "e recovered "# contractors
from emplo#ees emplo#ed "# or through such contractors.]
3. %he pa#ment "# the emplo#er of such sums of mone# as ma# "e necessar# to
meet the cost of administering the Fund and the rate at which and the manner in which
the pa#ment shall "e made.
23=
[2. %he constitution of an# committee for assisting an# oard of %rustees.
5. %he opening of regional and other offices of an# oard of %rustees.]
6. %he manner in which accounts shall "e 8ept- the investment of mone#s "elonging
to the Fund in accordance with an# directions issued or conditions specified "# the
0entral 7overnment- the preparation of the "udget- the audit of accounts and the
su"mission of reports to the 0entral 7overnment or to an# specified /tate 7overnment.
<. %he conditions under which withdrawals from the Fund ma# "e permitted and an#
deduction or forfeiture ma# "e made and the ma.imum amount of such deduction or
forfeiture.
=. %he fi.ation "# the 0entral 7overnment in consultation with the "oard of trustees
concerned of the rate of interest pa#a"le to mem"ers.
9. %he form in which an emplo#ee shall furnish particulars a"out himself and his
famil# whenever re5uired.
1?. %he nomination of a person to receive the amount standing to the credit of a
mem"er after his death and the cancellation or variation of such nomination.
11. %he registers and records to "e maintained with respect to emplo#ees and the
returns to "e furnished "# emplo#ers
152
[or contractors].
12. %he form or design of an# identit# card- to8en or disc for the purpose of identif#ing
an# emplo#ee- and for the issue- custod# and replacement thereof.
13. %he fees to "e levied for an# of the purposes specified in this /chedule.
12. %he contraventions or defaults which shall "e punisha"le under su"*section +2, of
section 12.
15. %he further powers- if an#- which ma# "e e.ercised "# (nspectors.
16. %he manner in which accumulations in an# e.isting provident fund shall "e
transferred to the Fund under section 15- and the mode of valuation of an# assets which
ma# "e transferred "# the emplo#ers in this "ehalf.
1<. %he conditions under which a mem"er ma# "e permitted to pa# premia on life
insurance- from the Fund.
1=. An# other matter
152
[which is to "e provided for in the /cheme or ] which ma# "e
necessar# or proper for the purpose of implementing the /cheme.]

*!9
ESCHED%LE III C MATTERS #OR +HICH PRO"ISION MA) BE MADE IN THE
PENSION SCHEME
[See Section $A(')]
1. %he emplo#ees or class of emplo#ees to whom the $ension /cheme shall appl#.
2. %he time within which the emplo#ees who are not mem"ers of the
12<
[$ension]
/cheme under section 6A as it stood "efore the commencement of the !mplo#ees
$rovident Funds and Aiscellaneous $rovisions +Amendment, Act- 1996 +hereinafter- in
this /chedule- referred to as the amending Act, shall opt for the $ension /cheme.
3. %he portion of emplo#erBs contri"ution to the $rovident Fund which shall "e
credited to the $ension Fund and the manner in which it is credited.
2. %he minimum 5ualif#ing service for "eing eligi"le for pension and the manner in
which the emplo#ees ma# "e granted the "enefits of their past service under section 6A
as it stood "efore the commencement of the amending Act.
5. %he regulation of the manner in which and the period of service for which no
contri"ution is received.
6. %he manner in which emplo#eesB interest will "e protected against default in
pa#ment of contri"ution "# the emplo#er.
<. %he manner in which the accounts of the $ension Fund shall "e 8ept and
investment of mone#s "elonging to $ension Fund to "e made su"9ect to such pattern of
investment as ma# "e determined "# the 0entral 7overnment.
=. %he form in which an emplo#ees shall furnish particulars a"out himself and the
mem"ers of his famil# whenever re5uired.
9. %he forms- registers and records to "e maintained in respect of emplo#ees-
re5uired for the administration of the $ension /cheme.
1?. %he scale of pension and pensionar# "enefits and the conditions relating to grant
of such "enefits to the emplo#ees.
11. %he manner in which the e.empted esta"lishments have to pa# contri"ution
towards the $ension /cheme and the su"mission of returns relating thereto.
12. %he mode of dis"ursement of pension and arrangements to "e entered into with
such dis"ursing agencies as ma# "e specified for the purpose.
13. %he manner in which the e.penses for administering the $ension /cheme will "e
met from the income of the $ension Fund.
12. An# other matter which is to "e provided for in the $ension /cheme or which ma#
"e necessar# or proper for the purpose of implementation of the $ension /cheme.]

1'1
ESCHED%LE I"C MATTERS TO BE PRO"IDED #OR IN THE EMPLO)EES.
DEPOSIT LIN-ED INS%RANCE SCHEME
[See section $)]
1. %he emplo#ees or class of emplo#ees who shall "e covered "# the (nsurance
/cheme.
2. %he manner in which the accounts of the (nsurance Fund shall "e 8ept and the
investment of mone#s "elonging to the (nsurance Fund su"9ect to such pattern of
investment as ma# "e determined- "# order- "# the 0entral 7overnment.
3. %he form in which an emplo#ee shall furnish particulars a"out himself and the
mem"ers of his famil# whenever re5uired.
2. %he nomination of a person to receive the insurance amount due to the emplo#ee
after his death and the cancellation or variation of such nomination.
5. %he registers and records to "e maintained in respect of emplo#ees- the form or
design of an# identit# card- to8en or disc for the purpose of identif#ing an# emplo#ee or
his nominee or mem"er of his famil# entitled to receive the insurance amount.
6.
22?
[%he scales of insurance "enefits and conditions relating to the grant of such
"enefits to the emplo#ees.]

131
[GGG]
=. %he manner in which the amount due to the nominee or the mem"er of the famil#
of the emplo#ee under the /cheme is to "e paid including a provision that the amount
shall not "e paid otherwise than in the form of a deposit in a saving "an8 account- in the
name of such nominee or mem"er of famil#- in an# corresponding new "an8 specified in
the First /chedule to the an8ing 0ompanies +Ac5uisition and %ransfer of
Fnderta8ings, Act- 19<? +5 of 19<?,.
9. An# other matter which is to "e provided for in the !mplo#eesB Eeposit Cin8ed
(nsurance /cheme or which ma# "e necessar# or proper for the purpose of
implementing that /cheme.]

Foot 4otes
1 /u"stituted for the words 1Famil# $ension Fund1 "# Amendment Act- 1996- w.e.f.
16th. 4ovem"er- 1995.
2 /u"stituted "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
3 /u"stituted "# Act 4o. 92 of 1956- w.e.f. 2=th. Eecem"er- 1956.
2 /u"stituted for the word 1fift#1 "# Act 4o. 26 of 196?- w.e.f. 31st. Eecem"er- 196?.
5 /u"stituted "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
6 (nserted "# Act 4o. 26 of 196?- w.e.f. 31st. Eecem"er- 196?.
< /u"stituted "# Act 4o. 22 of 195=- w.e.f. 1=th. Aa#- 195=.
= (nserted "# Act 4o. 22 of 1965- w.e.f. 22th. 4ovem"er- 1962.
9 (nserted "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
1? /u"stituted for the words 1on leave with- wages1 "# Act 4o. 33 of 19==- w.e.f. 1st.
August- 19==.
11 (nserted "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
12 /u"stituted for the words 1a factor#1- "# Act 4o. 92 of 1956- w.e.f. 2=th. Eecem"er-
1956.
13 /u"stituted for the words 1and includes an# person emplo#ed "# or through a
contractor in or in connection with the wor8 of the esta"lishment1- "# Act 4o. 33 of 19==-
w.e.f. 1st. August- 19==.
12 0lauses +ff, and +fff, inserted "# Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
15 %he words- "rac8ets and figure 1su"*s. +1, of1- omitted "# Act 4o. 2= of 1963- w.e.f.
3?th. 4ovem"er- 1963.
16 /u"stituted for the word 1factor#1 "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er-
1956.
1< Omitted "# !$F I A$ +Amendment, Act- 1996- w.e.f.16th. 4ovem"er- 1995.
1= 0lause +ia, re*lettered as clause +ic, and clauses +ia, and +i", inserted "# Act 4o. 99
of 19<6- w.e.f. 1st. August- 19<6.
19 /u"stituted "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
2? (nserted "# the !$F I A$ +Amendment, Act- 1996- w.e.f. 16th. 4ovem"er- 1995.
21 /u"stituted "# Act 4o. 16 of 19<1- w.e.f. 23rd. April- 19<1.
22 (nserted "# the !$F I A$ +Amendment, Act- 1996- w.e.f. 16th. 4ovem"er- 1995.
23 /ection 5 renum"ered as su"*section +1, thereof- "# Act 4o. 3< of 1953- w.e.f. 12th.
Eecem"er- 1953.
22 /u"stituted for the word 1factories1- "# Act 4o. 92 of 1956- w.e.f. 2=th. Eecem"er-
1956.
25 (nserted "# Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
26 (nserted "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
2< /u"stituted for the word 1persons1 "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
2= /u"stituted for the words 1a 0hairman1 "# Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.
29 /u"stituted for the words 1si. persons1 "# Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.
3? (nserted "# Act 4o. 16 of 19<1- w.e.f. 23rd. April- 19<1.
31 /u"stituted for the words 1and the Famil# $ension /cheme1 "# Act 4o. 99 of 19<6-
w.e.f. 1st. August- 19<6.
32 /u"stituted for the words 1as man# Eeput# $rovident Fund 0ommissioners-
'egional $rovident Fund 0ommissioners and other officers whose ma.imum monthl#
salar# is not less than five hundred rupees- as it ma# consider necessar#1 "# Act 4o. 33
of 19==- w.e.f. 1st. August- 19==.
33 /u"stituted for the words 1Famil# $ension1 "# Act 4o. 25 of 1996- w.e.f. 16th.
4ovem"er- 1995.
32 /u"stituted for the words 1the post of the 0entral $rovident Fund 0ommissioner or
Eeput# $rovident Fund 0ommissioner or 'egional $rovident Fund 0ommissioner or to
an# other post under the 0entral oard carr#ing a ma.imum monthl# salar# of not less
than five hundred rupees1 "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
35 /u"stituted for the words and figures 10lass ( or 0lass (( post1 "# Act 4o. 33 of 19==-
w.e.f. 1st. August- 19==.
36 /u"stituted for the words 1Eeput# $rovident Fund 0ommissioner and 'egional
$rovident Fund 0ommissioner1 "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
3< For conditions of service- see the !$F /taff +0lassification- 0ontrol and Appeal,
'ules- 19<1.
3= /u"stituted for the words 1%he 0entral oard ma#- with the prior approval of the
0entral 7overnment and a /tate oard ma#- with prior approval of the /tate
7overnment concerned- delegate to its 0hairman or to an# of its officers1 "# Act 4o. 33
of 19==- w.e.f. 1st. August- 19==.
39 Omitted "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
2? /u"stituted for the figure and numerals 1= I 1N3O1 "# Act 4o. 1? of 199=- w.e.f.
22nd. /eptem"er- 199<.
21 /u"stituted for the words 1and the dearness allowance1- "# Act 4o. 26 of 196?- w.e.f.
31st. Eecem"er- 196?.
22 /u"stituted "# Act 4o. 33 of 19==- w.e.f 1st. August- 19==.
23 /u"stituted "# Act 4o. 1? of 199=- dated 22nd. >une- 199=- w.e.f. 22nd. /eptem"er-
199<.
22 !arlier proviso su"stituted "# Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
25 /u"stituted for the words 1provided that1- "# Act 4o. 2= of 1962- w.e.f. 1st. >anuar#-
1963.
26 Original !.planation re*num"ered "# Act 4o. 26 of 196?- w.e.f. 31st. Eecem"er-
196?.
2< /u"stituted "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
2= !arlier sections 6A I 6 su"stituted "# the !$F I A$ +Amendment, Act- 1996- w.e.f.
16th. 4ovem"er- 1995.
29 Omitted "# the !$F I A$ +Amendment, Act- 1996- w.e.f. 16th. 4ovem"er- 1995.
5? (nserted "# Act 4o. 2 of 19=6- w.e.f. 15th. Aa#- 19=6.
51 /u"stituted "# Act 4o. 2 of 19=6- w.e.f. 15th. Aa#- 19=6.
52 %he words 1determining the amount due from an# emplo#er1 omitted "# Act 4o. 33 of
19==- w.e.f. 1st. August- 19==.
53 /u"stituted for the words 1the emplo#er1 "# Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.
52 (nserted "# Act 4o. 33 of 19==- w.e.f. 1st. >ul#- 199<.
55 (nserted "# Act 4o. 1? of 199=- w.e.f. 22nd. /eptem"er- 199<.
56 /u"stituted "# Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
5< /u"stituted "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
5= /u"stituted for the word 1/cheme1 "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
59 /u"stituted for the word 1factor#1 "# Act 4o. 92 of 1956- w.e.f. 2=th. Eecem"er-
1956.
6? /u"stituted "# Amendment Act of 16 of 19<1- w.e.f. 23rd. April- 19<1.
61 /u"stituted "# Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
62 /u"stituted "# Act 4o. 33 of 19==- w.e.f. 1st. >ul#- 199?.
63 /u"stituted for the words- and "rac8ets 1%he amount of contri"ution +that is to sa#-
the emplo#erBs contri"ution as well as the emplo#eeBs contri"ution,1- "# Act 4o. 99 of
19<6- w.e.f. 1st. August- 19<6.
62 6ords 1on the "asis of such contri"ution1- omitted "# Act 4o. 33 of 19==- w.e.f. 1st.
August- 19==.
65 (nserted "# Act 4o. 33 of 19==- w.e.f. 1st. >ul#- 199?.
66 /ee now the (ncome %a. Act- 1961.
6< 'e*num"ered "# the Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
6= /u"stituted for certain words- "# Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
69 0ertain words su"stituted "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
<? /u"stituted for the word 1factor#1- "# Act 4o. 92 of 1956- w.e.f. 2=th. Eecem"er-
1956.
<1 (nserted "# Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
<2 /u"stituted for the words and "rac8ets 1in respect of the emplo#eesB contri"ution
+deducted from the wages of the emplo#ee, for a period of more than si. months1- "#
Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
<3 /u"stituted "# Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
<2 /u"stituted for the words 1provident fund1- "# Act 4o. 99 of 19<6- w.e.f. 1st. August-
19<6.
<5 /u"stituted for the words 1or of an# /cheme1 "# Act 4o. 16 of 19<1- w.e.f. 23rd.
April- 19<1.
<6 /u"stituted for the words 1or the Famil# $ension /cheme1- "# Act 4o. 99 of 19<6-
w.e.f. 1st. August- 19<6.
<< /u"stituted for the word 1/cheme1- "# Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
<= /u"stituted for the word 1enter1 "# Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
1*& S<:stit<te8 :@ A;en8;ent Act N2. *( 29 196!, B.e.9. !0t5. N2?e;:er, 196!.
125 /u"stituted for the word 1/cheme1- "# Amendment Act 4o. 99 of 19<6- w.e.f. 1st.
August- 19<6.
126 (nserted-- w.e.f. 23rd. April- 19<1.
12< /u"stituted for the words 1Famil# $ension1 "# 1996 Amendment Act-- w.e.f. 16th.
4ovem"er- 1995.
12= 4ow see 0ode of 0riminal $rocedure- 19<3.
129 /u"*section +2A, re*num"ered as su"*section +2, "# Amendment Act 4o. 16 of
19<1- w.e.f. 23rd. April- 19<1.
13? 4ow see section 92 of the 0ode of 0riminal $rocedure- 19<3.
131 Omitted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
132 /u"stituted for the words 1or under an# /cheme1 "# Amendment Act 4o. 16 of
19<1- w.e.f. 23rd. April- 19<1.
133 /u"stituted for the words 1or the Famil# $ension /cheme1 "# Amendment Act 4o.
99 of 19<6- w.e.f. <th. /eptem"er- 19<6.
132 /u"stituted for the words 1si. months- or with fine which ma# e.tend to one
thousand rupees- or with "oth1- "# the Amendment Act 4o. 33 of 19==- w.e.f. 1st.
August- 19==.
135 (nserted "# the Amendment Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<<.
136 /u"stituted for the words 1si. months1 "# Amendment Act 4o. 33 of 19==- w.e.f.
1st. August- 19==.
13< /u"stituted for the words 1three months1 "# Amendment Act 4o. 33 of 19==- w.e.f.
1st. August- 19==.
13= /u"stituted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
139 %he words 1and shall also "e lia"le to fine which ma# e.tend to two thousand
rupees1- omitted- "# amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
12? %he words 1or of fine onl# in lieu of imprisonment1- omitted- w.e.f. 1st. August- 19==.
121 (nserted "# Amendment Act 4o. 99 of 19<6- w.e.f. <th. /eptem"er- 19<6.
122 /u"stituted for the words 1one month1 and 1two thousand rupees1 respectivel#- "#
Amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
123 %he words 1or of fine onl# in lieu of imprisonment1- omitted "# Amendment Act 4o.
33 of 19==- w.e.f. 1st. August- 19==.
122 /u"stituted "# Amendment Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
125 (nserted-- w.e.f. 12th. Eecem"er- 1953.
125A. /u"*section +3, omitted-- w.e.f. 1st. 4ovem"er- 19<3.
126 /u"stituted for the words 1three months or with fine which ma# e.tend to one
thousand rupees- or with "oth1- "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.
12< /u"stituted for the words 1or the /cheme made thereunder1- "# Amendment Act
4o. 16 of 19<1- w.e.f. 23rd. April- 19<1.
12= /u"stituted for the words 1the Famil# $ension /cheme1 "# Amendment Act 4o. 99
of 19<6- w.e.f. <th. /eptem"er- 19<6.
129 (nserted "# Amendment Act 4o. 2? of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
15? /u"stituted for the words 1one #ear "ut which shall not "e less than three months-
and shall also "e lia"le to fine which ma# e.tend to four thousand rupees1- "#
Amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
151 /u"stituted for the words 1the Famil# $ension Fund1 "# Amendment Act 4o. 99 of
19<6- w.e.f. <th. /eptem"er- 19<6.
152 (nserted "# Amendment Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
153 /u"stituted for the words 1an# /cheme1 "# Amendment Act 4o. 99 of 19<6- w.e.f.
1st. August- 19<6.
152 /u"stituted for the words 1the appropriate government1- "# Amendment Act 4o. 2?
of 19<3- w.e.f. 1st. 4ovem"er- 19<3.
155 /u"stituted for the words 1from the emplo#er such damages- not e.ceeding the
amount of arrears as it ma# thin8 fit to impose1- "# Amendment Act of 19==- w.e.f. 1st.
/eptem"er- 1991.
156 (nserted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. /eptem"er- 1991.
15< /u"stituted "# Amendment Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
15= /u"stituted "# Amendment Act 4o. 3< of 1953- w.e.f. 12th. Eecem"er- 1953.
159 /u"stituted for the words 1a factor#1 and 1factor#1 "# Amendment Act 4o. 92 of
1956- w.e.f. 2=th. Eecem"er- 1956.
16? /u"stituted for the former su"*section +1, "# Amendment Act 4o. 26 of 196?- w.e.f.
31st. Eecem"er- 196?.
161 /u"stituted for clause +",- "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.
162 6ord 1or1- clause +d, I !.planation omitted "# Amendment Act of 199=- dated
22nd. >une- 199=-- w.e.f. 22nd. /eptem"er- 199<.
163 /u"stituted for the word 1factories1- "# Amendment Act 4o. 92 of 1956- w.e.f. 2=th.
Eecem"er- 1956.
162 (nserted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August- 19==.
165 /u"stituted for the words 1e.empt from the operation1- "# Amendment Act 4o. 33 of
19==- w.e.f. 1st. Octo"er- 19==.
166 /u"stituted for the word 1factor#1- "# Amendment Act 4o. 92 of 1956- w.e.f. 2=th.
Eecem"er- 1956.
16< !.planation omitted "# Amendment Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er-
1963.
16= (nserted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. Octo"er- 19==.
169 /u"stituted for su"*section +1A,- "# Amendment Act 4o. 33 of 19==- w.e.f. 1st.
Octo"er- 19==.
1<? /u"stituted "# !mplo#ees
B
$rovident Funds and Aiscellaneous $rovisions
+Amendment, Act- 1996-- w.e.f. 16th. 4ovem"er- 1995.
1<1 (nserted "# Amendment Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
1<2 /u"stituted for the words 1%he 0entral 7overnment ma#- if re5uested so to do "#
the emplo#er- "# notification in the Official 7a;ette- and su"9ect to such conditions is
ma# "e specified in the notification- e.empt an# esta"lishment from the operation of all
or an# of the provisions of the (nsurance /cheme- if it is satisfied1- "# Act 4o. 33 of
19==-- w.e.f. 1st. Octo"er- 19==.
1<3 /u"*sections +3, to +5, su"stituted "# Amendment Act 4o. 2= of 1963- w.e.f. 3?th.
4ovem"er- 1963.
1<2 /ee also 4otification 4o. /.O. 6<63- 7O(- dated 12th. >ul#- 1969.
1<5 6ord 1and1 and clause +c, omitted "# Amendment Act 4o. 33 of 19==- w.e.f. 1st.
Octo"er- 19==.
1<6 6ord 1and1 omitted "# Amendment Act 4o. 16 of 19<1- w.e.f. 23rd. April- 19<1.
1<< /u"stituted for the "rac8ets and figures 1+1A,1- "# Amendment Act 4o. 33 of 19==-
w.e.f. 1st. Octo"er- 19==.
1<= /u"stituted for su"*section +5,- "# Amendment Act 4o. 16 of 19<1- w.e.f. 23rd. April-
19<1.
1<9 /u"stituted for the words- "rac8ets and figures 1or su"*section +2,1- "# Amendment
Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
1=? Omitted "# 1996 Amendment Act-- w.e.f. 16th. 4ovem"er- 1995.
1=1 /u"stituted for former section 1=- "# Amendment Act 4o. 33 of 19==- w.e.f. 1st.
August- 19==.
1=2 /u"stituted for the former section 19- "# Amendment Act 4o. 3< of 1953- w.e.f.
12th. Eecem"er- 1953.
1=3 /u"stituted "# Amendment Act 4o. 99 of 19<6- w.e.f. 1st. August- 19<6.
1=2 /ection 19A su"stituted "# Act 4o. 33 of 19==-- w.e.f. 1st. >ul#- 199<.
1=5 %he words 1or production1 omitted "# Amendment Act 4o. 3< of 1953- w.e.f. 12th.
Eecem"er- 1953.
1=6 Added "# /.'.O. 1566- dated 2th. >ul#- 1956- w.e.f. 31st. >ul#- 1956.
1=< Added "# /.'.O. 2?26- dated 3rd. /eptem"er- 1956- w.e.f. 3?th. /eptem"er- 1956.
1== Added "# /.'.O. 1?<6- dated =th. >une- 195<- w.e.f. 31st. >ul#- 195<.
1=9 Added "# /.'.O. 21=-- w.e.f. 31st. >anuar#- 195<.
19? Added "# /.'.O. 3?6<- dated 19th. /eptem"er- 195<- w.e.f. 3?th. 4ovem"er- 195<.
191 Added "# 7./.'. 1<? dated 12th. Aarch- 195=- w.e.f. 3?th. April- 195=.
192 Added "# 7./.'. 312- dated 5th. Aarch- 196?- w.e.f. 31st. Aa#-196?.
193 Added "# 7./.'. 632 dated 3?th. Aa#-196?- w.e.f. 3?th. >une- 196?.
192 Added "# 7./.'. 6=3- dated 9th. >une- 196?- w.e.f. 3?th. >une- 196?.
195 Added "# 7./.'. 1223- dated 22th. 4ovem"er- 196?- w.e.f. 31st. Eecem"er- 196?.
196 Added "# 7./.'. 535- dated 1?th. April- 1961- w.e.f. 31st. Aa#-1961.
19< Added "# 7./.'. <?5- dated 16th. Aa#-1961- w.e.f. 3?th. >une- 1961.
19= Added "# 7./.'. 993- dated 29th. >ul#- 1961- w.e.f. 31st. August- 1961.
199 Added "# 7./.'. 13=2- dated 2th. 4ovem"er- 1961- w.e.f. 3?th. 4ovem"er- 1961.
2?? Added "# 7./.'. <=6- dated 6th. >une- 1962-- w.e.f. 3?th. >une- 1962.
2?1 Added "# 7./.'. 1125- dated 1=th. August- 1962- w.e.f. 3?th. /eptem"er- 1962.
2?2 Added "# 7./.'. 222- dated 2=th. Fe"ruar#1963- w.e.f. 31st. Aarch- 1963.
2?3 Added "# 7./.'. 591- dated 2<th. Aarch- 1963- w.e.f. 3?th. April- 1963.
2?2 Added "# 7./.'. 1232- dated 3rd. August- 1963- w.e.f. 31st. August- 1963.
2?5 Added "# 7./.'. 16?5- dated 26th. /eptem"er- 1963- w.e.f. 31st. Octo"er- 1963
2?6 Added "# 7./.'. 19=3- dated 21st. Eecem"er- 1963- w.e.f. 31st. >anuar#- 1962.
2?< Added "# 7./.'. 6<- dated 31st. Eecem"er- 1963- w.e.f. 31st. >anuar#- 1962.
2?= Added "# 7./.'. =22- dated 22nd. Aa#-1962- w.e.f. 3?th. >une- 1962.
2?9 Added "# 7./.'. 1<23- dated 2<th. 4ovem"er- 1962- w.e.f. 31st. Eecem"er- 1962.
21? Added "# 7./.'. 1<95- dated 9th. Eecem"er- 1962- w.e.f. 31st. >anuar#- 1965.
211 Added "# 7./.'. 2?2- dated 2nd. Aarch- 1965- w.e.f. 31st. Aarch- 1965.
212 Added "# 7./.'. <6=- dated 1=th. Aa#-1965- w.e.f. 3?th. >une- 1965.
213 Added "# 7./.'. 91?- dated 23rd. >une- 1965- w.e.f. 31st. >ul#- 1965.
212 Added "# 7./.'. 952- dated 3rd. >ul#- 1965- w.e.f. 3?th. /eptem"er- 1965.
215 Added "# 7./.'. =95- dated 1st. >une- 1966- w.e.f. 3?th. >une- 1966.
216 Added "# 7./.'. 1119- dated 11th. >ul#- 1966- w.e.f. 31st. >ul#- 1966.
21< Added "# 7./.'. 1362- dated 3?th. August- 1966- w.e.f. 31st. /eptem"er- 1966.
21= Added "# 7./.'. 23<- dated 2<th. Aarch- 196<- w.e.f. 3?th. April- 196<.
219 Added "# 7./.'. 1?19- dated 1st. >ul#- 196<- w.e.f. 31st. >ul#- 196<.
22? Added "# 7./.'. 1226- dated 5th. August- 196<- w.e.f. 31st. August- 196<.
221 Added "# 7./.'. 153?- dated 5th. Octo"er- 196<- w.e.f. 31st. Octo"er- 196<.
222 Added "# 7./.'. 1<16- dated 3rd. 4ovem"er- 196<- w.e.f. 3?th. 4ovem"er- 196<.
223 Added "# 7./.'. 1?1=- dated 22nd. April- 1969- w.e.f. 3?th. April- 1969.
222 Added "# 7./.'. 15?6- dated 11th. >une- 1969- w.e.f. 3?th. >une- 1969.
225 Added "# 7./.'. 19==- dated 22nd. 4ovem"er- 19<1- w.e.f. 3?th. 4ovem"er- 19<1.
226 Added "# 7./.'. 1251- dated 23rd. /eptem"er- 19<2- w.e.f. 3?th. /eptem"er- 19<2.
22< Added "# 7./.'. 5?3- dated 12th. Aa#-19<3- w.e.f. 31st. Aa#-19<3.
22= Added "# 7./.'. 22=- dated 15th. April- 19<2- w.e.f. 3?th. April- 19<2.
229 Added "# 7./.'. 66?- dated 1<th. Aa#-19<<- w.e.f. 31st. Aa#-19<<.
23? Added "# 7./.'. 93=- dated 25th. >une- 19<9- w.e.f. 31st. >ul#- 19<9.
231 Added "# 7./.'. 562- dated 5th. Aa#-19=?- w.e.f. 31st. Aa#-19=?.
232 Added "# 7./.'. 613+!,- dated 3?th. Octo"er- 19=?- w.e.f. 31st. Octo"er- 19=?.
233 Added "# 7./.'. 662+!,- dated 2<th. 4ovem"er- 19=?- w.e.f. 3?th. 4ovem"er-
19=?.
232 Added "# /.O. 2259- dated 2?th. Aa#-19=3- w.e.f. 1st. >une- 19=3.
235 Added "# /.O. 22<6- dated 3?th. August- 19=9- w.e.f. 1st. /eptem"er- 19=9.
236 /u"stituted for the words- "rac8ets and figures 1[/ee section 6+2,]1- "# Amendment
Act 4o. 2= of 1963- w.e.f. 3?th. 4ovem"er- 1963.
23< 6ords- "rac8ets and figure 1su"*s. +1,- of1 omitted "# Act 4o. 2= of 1963- w.e.f.
3?th. 4ovem"er- 1963.
23= /u"stituted for former su"*sections +2, and +5,- "# Amendment Act 4o. 2= of 1963-
w.e.f. 3?th. 4ovem"er- 1963.
239 /u"stituted "# !mplo#eesB $rovident Fund I Aiscellaneous $rovisions
+Amendment, Act- 1996-- w.e.f. 16th. 4ovem"er- 1995.
22? /u"stituted for items 6 and < "# Amendment Act 4o. 33 of 19==- w.e.f. 1st. August-
19==.