Statutory Labour Compliance Checklist
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Statutory Labour Compliance Checklist
FACTORIES ACT, 1948 & BIHAR FACTORIES RULES, 1950
S.No | Type & Nature Of Document | Description Of the Form | Relevant Clause | Schedule Of Submission/ Maintenance | Submitting Authority | Remarks |
1 | Form 1 | Application for permission to construct, extend or take into use any building as a factory | To be submitted to the Chief Inspector Of Factories, duly signed by the Occupier Of the factory before commencing the manufacturing process | |||
2 | Form 2 | Application for registration and grant or renewal of licence | To be submitted by the Occupier/Manager to the Inspector Of Factories of the area concerned not later than the date on which the license expires | |||
3 | Form 3 | Notice of Change of Manager | Rule 12-A | to be made by the occupier and submitted to the Chief Inspector Of Factories with the signature of the new manager and occupier appended | ||
4 | Form 4 | Licence to work a factory | Rule 5 | To be granted by the Inspector Of Factories after verifying the correctness of the application. This licence shall remain valid upto 31st december of the year for which it is granted | ||
5 | Form 5 | Certificate Of Fitness | Rule 14-2(a) | To be granted by the certifying surgeon to the young persons employed in a factory | ||
6 | Form 6 | Humidity Regsiter | Rule 24 | Temperatures recorded in a Hygrometer to be entered in this register. | ||
7 | Form 7 | Record of Lime Washings, Paintings etc. | Rule 15 | To be maintained with the dates on which white washing, colour washing, varnishing etc. are carried out. | ||
8 | Form 8 | Report of examination of pressure vessel | ||||
9 | Form 9 | Register Of Compensatory Holidays | Rule 77(4) | To be maintained by the manager in respect of compensatory holidays | ||
10 | Form 10 | Overtime Muster Roll for exempted workers | Rule 78 | To be maintained by the manager of every factory in which workers are exempted under Sections 64 or 65 | ||
11 | Form 10-A | Overtime Slip | ||||
12 | Form 11 | Notice Of Periods Of Work for Adult Workers | Rule 79 | To be exhibited by the Manager of every factory | ||
13 | Form 12 | Register Of Adult Workers | Rule 80 | To be maintained in every factory | ||
14 | Form 12-A | Identity Card Of Workers | Rule 80-A | To be issued to every worker with the signature of occupier/manager of the factory | ||
15 | Form 13 | Notice of Periods of work for child workers | Rule 85 | To be exhibited by the Manager of every factory | ||
16 | Form 14 | Register Of Child Workers | Rule 86 | To be maintained in respect of child workers employed | ||
17 | Form 15 | Register Of Leave with wages | Rule 87 | To be maintained by the manager of every factory | ||
18 | Form 16 | Health Register | Section 87 | To be maintained by the manager in respect of dangerous operations | ||
19 | Form 17-A | Notice Of Accident or dangerous occurrence | Rule 96 | Within 12 hours of occurrence of an accident | Factory Inspector; SDO;Officer-In-Charge of the nearest police station | |
20 | Form 18 | Notice Of Poisoning or disease | Rule 97 | To be sent by the manager of the factory as soons as any worker contacts any disease specified in the schedule to the Chief Inspector/ Inspector/Medical Inspector/Certifying Surgeon | ||
21 | Form 19 | Abstract of the Act | Rule 99 | To be displayed in every factory | ||
22 | Form 20 | Annual Return | Rule 100(1) | To be furnished by the Manager to the Chief Inspector before 15th January of the year subsequent to which it relates | ||
23 | Form 21 | Half Yearly Return | Rule 100(2) | To be furnished by the Manager to the Chief Inspector before 15th July of each year | ||
24 | Form 22 | Muster Roll | Rule 103 | To be maintained by the manager of every factory in respect of workers employed in the factory | ||
25 | Form 23 | Register Of Accidents | Rule 104 | To be maintained in every factory furnishing complete details in respect of every accident which may occur | ||
26 | Form 24 | Special Certificate Of Fitness | To be granted by the certifying surgeon in respect of persons employed in operations involving use of lead compounds | |||
27 | Form 25 | Certificate Of Fitness for dangerous operations | Rule 96 | To be granted by the certifying surgeon in respect of persons employed in dangerous operations | ||
28 | Form 26 | Register Of Surgeon’s fees for the issue of duplicate certificate | Rule 14 | To be maintained by the certifying surgeon or examining surgeon in respect of fees paid for issue of a duplicate certificate | ||
29 | Form 27 | Certifying Surgeon’s visit Note | Rule 14 (9) | To be handed over by the certifying surgeon or examining surgeon to the Manager detailing the result of each visit to the factory | ||
30 | Form 28 | Diary Of Inspector Of Factories | ||||
31 | Form 29 | Closure Report Of a Factory | ||||
32 | Form 30 | Register of Water Sealed Gas Holder | Rule 57-A | To be maintained by the manager in respect of examination reports of the gas holders carried out by the person qualified to carry out the test | ||
33 | Form 31 | Report of examination of water sealed gas holders | Rule 57-A | To be submitted by the person carrying out the examination in the form of a report to the manager or the occupier. | ||
34 | Form 32 | Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc. | Rule 59-A | To be maintained in every factory carrying therein the name of every worker who may be employed in performing work specified in section 21 | ||
35 | Form 33 | Certificate to young persons considered fit to work at machine, plant or process of dangerous character | Rule 59-B(2) | To be maintained by the manager, containing therein the certifcates issued to young persons. | ||
36 | Form 34 | Form Of Certificate Of Stability | Rule 3-A | To be sent by the manager or occupier of the factory to the chief Inspector in respect of the manufacturing process carried out. | ||
37 | Form 35 | Record Of Eye Examination | Rule 59-C(4) | To be sent by the manager/ occupier within 15 days from the date of examination.
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PAYMENT OF GRATUITY ACT, 1972 & PAYMENT OF GRATUITY(CENTRAL) RULES, 1972
S.No | Type & Nature Of Document | Description Of the Form | Relevant Clause | Schedule Of Submission/ Maintenance | Submitting Authority |
1 | Form A | Notice Of Opening | Rule 3 (1) | Within 30 days from which the rules become applicable | Concerned controlling authority of the area |
2 | Form B | Notice Of Change | Rule 3 (2) | Within 30 days of any change in the particulars of the establishment like name, address or nature of business | Concerned controlling authority of the area |
3 | Form C | Notice Of Closure | Rule 3 (3) | Atleast 60 days before the intended closure of the business | Concerned controlling authority of the area |
4 | Form D | Notice for excluding husband from family | Rule 5 (1) | To be submitted by the employee to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. | |
5 | Form E | Notice of withdrawal of notice for excluding husband from family | Rule 5 (2) | To be submitted by the employee withdrawing the notice in form D to the employer in triplicate. The employer after receipt forwards a copy to the concerned controlling authority of the area. | |
6 | Form F | Nomination | Rule 6 (1) | To be submitted by the employee to the employer in duplicate. The employer within 30 days of the receipt of nomination , verify with the service particulars and after attestation return back a copy to the employee. | |
7 | Form G | Fresh Nomination | Rule 6 (3) | To be submitted by the employee within 90 days of acquiring a family to the employer | |
8 | Form H | Modification Of Nomination | Rule 6 (4) | To be submitted by the employee to the employer , in cases including where a nominee predeceases an employee | |
9 | Form I | Application for gratuity by an employee | Rule 7 (1) | To be submitted by the employee, eligible for payment of gratuity to the employer , within 30 days from which the gratuity becomes payable. | |
10 | Form J | Application for gratuity by a nominee | Rule 7 (2) | To be submitted by the nominee of an employee to the employer within 30 days from the date of gratuity payable to him/her. For this purpose an application in plain paper may also be accepted | |
11 | Form K | Application for gratuity by a legal heir | Rule 7 (3) | To be submitted by the legal heir of an employee, eligible for payment of gratuity , to the employer, within 1 year from the date of gratuity payable to him/her | |
12 | Form L | Notice for payment of gratuity | Rule 8 (1) | On verification of claims made for payment of gratuity, the employer , within 15 days of receipt of an application , issue a notice to the applicant employee , his nominee or legal heir, specifying the amount of gratuity payable and fixing a date of payment not later than the 30th day of receipt of the application. | |
13 | Form M | Notice rejecting payment of gratuity | Rule 8 (1) | On verification of claims made for payment of gratuity, if the claim is found inadmissible, the employer may issue a notice to the applicant employee, his nominee or legal heir , specifying the reasons why the claim is found inadmissible | |
14 | Form N | Application for direction | Rule 10 (1) | In cases wherein the employer refuses to accept a claim application or issues a notice specifying a amount of gratuity which is considered less by the applicant or fails to issue a notice under rule 8, the claimant employee/ his nominee/ legal heir may within 90 days of occurrence of cause for application, apply in form N to the concerned controlling authority of the area for issuing a direction | |
15 | Form O | Notice for appearance before the controlling authority | Rule 11 (1) | On receipt of form N , the concerned controlling authority of the area may call upon the applicant and the employer to appear before him on a specified date, time and place. | |
16 | Form P | Summons | Rule 14 | The controlling authority may , at any stage of proceedings, issue summons to the applicant or the employer to produce evidences, documents etc. | |
17 | Form Q | Particulars of application under Section 7 | Rule 16(1) | The controlling authority to record the particulars of each case in form Q | |
18 | Form R | Notice for payment of Gratuity | Rule 17 | on subsequent verification of the genuineness of the claims made, the controlling authority to issue a notice , specifying to the employer , the amount of gratuity payable and directing the employer for payment of gratuity within 30 days of receipt of notice. | |
19 | Form S | Notice for payment of Gratuity as determined by appellate authority | Rule 18(8) | The controlling authority on receipt of the decision of the appellate authority, modify his direction for payment of gratuity and issue a notice to the employer, specifying the modified amount of gratuity and directing payment within 15 days of receipt of notice by the employer. | |
20 | Form T | Application for recovery of gratuity | Rule 19 | In situations wherein, the employer fails to pay the gratuity due under the act in accordance with the notice of the controlling authority , the employee/his nominee/legal heir may apply to the controlling authority in duplicate for recovery | |
21 | Form U | Display of abstract of the act and rules | Rule 20 | The employer to display an abstract of the act and rules framed thereunder in English and a language understood by the majority of employees at a conspicuous place or near the main entrance of the establishment
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PAYMENT OF BONUS ACT, 1965 & PAYMENT OF BONUS RULES, 1975
Type & Nature Of Document | Description Of the Form | Relevant Clause | Schedule Of Submission/ Maintenance | |
1 | Form A | Register showing the computation of allocable surplus | Rule 4(a) | To be maintained by the employer |
2 | Form B | Register showing the set on & set off of the allocable surplus | Rule 4(b) | To be maintained by the employer |
3 | Form C | Register showing the details of amount of bonus due to each of the employees, the deductions under section 17 & 18 and the amount actually disbursed | Rule 4( c ) | To be maintained by the employer |
4 | Form D | Annual Return stating the amount of bonus paid to employees for the accounting year ending on 31st March | Rule 5 | Within 30 days after the expiry of time limit specified for payment of bonus |
EMPLOYEES STATE INSURANCE ACT, 1948 & EMPLOYEES STATE INSURANCE REGULATIONS, 1950
S.No | Type & Nature Of Document | Description Of the Form | Relevant Clause | Schedule Of Submission/ Maintenance | Submitting Authority |
1 | Form I | Declaration Form | Regulation 11 & 12 | to be filled in by the employee with his signature or thumb impression and submit it to the employer | |
2 | Form I-A | Family Declaration Form | Regulation 15-A | to be filled in by the employee and submitted back to the employer , who shall forward the same to the appropriate office within 10 days from the date of submission by the employee | |
3 | Form I-B | Changes in family declaration form | Regulation 15-B | to be submitted by the insured person to the employer within 15 days of such changes occurring and the employer in turn would forward the same to the appropriate office within 10 days of receipt. | |
4 | Form 3 | Return of declaration forms | Regulation 14 | to be sent by the employer to the appropriate office within 10 days of receipt of the filled up forms | |
5 | Form 4 | Identity Card | Regulation 17 | to be issued by the appropriate office in respect of all insured employees, and send the same to the employer, who shall issue the same to the concerned employee after obtaining the signature in the card | |
6 | Form 4-A | Family Identity Card | Regulation 95-A | to be arranged by the appropriate office and necessary family particulars added in Form 4 | |
7 | Form 6 | ESIC-Return of Contributions | Regulation 26 | to be sent by the employer in quadruplicatealongwith receipt copies of challans to the appropriate office within 42 days of termination of related contribution period; within 21 days of permanent closure of the factory; within 7 days of the date of receipt of requisition from the appropriate office | |
8 | Form 7 | Register Of Employees | Regulation 32 | to be maintained by the employer in respect of every employee of his factory or establishment | |
9 | Form 8 | First Certificate | Regulation 57 & 89-B | this medical certificate is to be issued by the insurance medical officer during the first examination in respect of a spell of sickness or a spell of temporary disablement | |
10 | Form 9 | Final Certificate | Regulation 58 & 89-B | to be issued by the insurance meddical officer, when he feels that not later than 3 days of the date of examination(other than a first certificate) the insured employee would be fit to resume duties | |
11 | Form 10 | Intermediate Certificate | Regulation 59 & 89-B | to be submitted by the insured person within 7 days (commencing from the date of first certificate) in cases wherein the final certificate is not issued within 7 days of issue of first certificate | |
12 | Form 11 | Special Intermediate Certificate | Regulation 61 & 89-B | to be furnished by the insured person in cases wherein the insurance medical officer feels that temporary disablement has continued for not less than 28 days and such disablement is likely to continue for a longer period | |
13 | Form 12 | Sickness or Temporary Disablement Benefit | Regulation 63 | to be submitted by the insured person desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates | |
14 | Form 12-A | Maternity Benefit for sickness | Regulation 89-B | to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise | |
15 | Form 13 | Sickness or Temporary Disablement Benefit or Maternity Benefit for sickness | Regulation 63 & 89-B | to be submitted by the insured person or insured woman desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates | |
16 | Form 13-A | Maternity Benefit for sickness | Regulation 89-B | to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise | |
17 | Form 14 | Sickness or Temporary Disablement Benefit or Maternity Benefit for sickness | Regulation 63 | to be submitted by the insured person or insured woman desirous of claiming sickness or temporary disablement benefit to the appropriate local office by post or otherwise alongwith appropriate medical certificates | |
18 | Form 14-A | Maternity Benefit for sickness | Regulation 89-B | to be submitted by every insured woman claiming maternity benefit in case of sickness arising out of pregnancy, confinement, premature birth of child or miscarriage to the local appropriate office by post or otherwise | |
19 | Form 15 | Accident Book | Regulation 66 | To be maintained by the employer in which appropriate particulars of any accident causing personal injury to an insured person may be entered and preserved every such book for a period of five years. | |
20 | Form 16 | Accident Report from Employer | Regulation 68 | to be furnished by the employer to the nearest local office and to the nearest insurance medical officer immediately if the injury is serious | |
21 | Form 17 | Dependant’s benefit – Death Certificate | Regulations 79 & 95-C | To be issued free of charge by the Insurance Medical Officer attending the disabled person at the time of his death | |
22 | Form 18 | Dependant’s benefit – Claim Form | Regulation 80 | To be submitted by the dependant or dependants concerned or by the legal representative of the insured member with all supporting documents to the appropriate local office by post or otherwise | |
23 | Form 18-A | Dependant’s Benefit – Claim Form for periodical Payments | Regulation 83-A | To be submitted by the dependant whose claim for dependant’s benefit is admitted, to the local appropriate office except in the case of first and final payments | |
24 | Form 19 | Maternity Benefit – Notice of Pregnancy | Regulation – 87 | To be submitted by an insured woman before confinement to the local appropriate office | |
25 | Form 20 | Maternity Benefit – Certificate of Pregnancy | Regulation – 87 | To be submitted by an insured woman before confinement to the local appropriate office | |
26 | Form 21 | Maternity Benefit – Certificate of Expected Confinement | Regulation – 88 | To be submitted by every insured woman claiming maternity benefit before confinement not earlier than 15 days before the expected date of confinement | |
27 | Form 22 | Maternity Benefit – Claim Form | Regulation 88 & 89 | To be submitted by every insured woman to the local appropriate officestating therein the date on which she ceases to work for remuneration and if the insured woman is claiming maternity benefit for miscarriage the claim form ought to be submitted within 30 days of the date of miscarriage. | |
28 | Form 23 | Maternity Benefit – Certificate of Confinement or Miscarriage | Regulation 88 & 89 | To be submitted by every insured womanwothin 30 days of the date on which her confinement takes place to the local appropriate office | |
29 | Form 24 | Maternity Benefit – Notice Of Work | Regulation 91 | To be furnished by an insured woman who has claimed maternity benefit, if she does work for remuneration on any day during the period for which maternity benefit would be payable to her. | |
30 | Form 24-A & 24-B | Maternity Benefit after the death of an insured woman leaving behind the child / Maternity Benefit- Death Certificate | Regulation 89-A | To be submitted by the nominee or legal representative of the insured woman to the local appropriate office, a claim for maternity benefit within 30 days of the death of the insured woman, together with a death certificate in 24-B | |
31 | Form 25 | Claim for Permanent Disablement Benefit | Regulation 76-A | To be submitted by an insured person declared as permanently disabled by a Medical Board to the local appropriate office by post or otherwise | |
32 | Form 25-A | Funeral Expenses Claim Form | Regulation 95-E | To be submitted by the claimant entitled, to the local appropriate office and in case of a minor, by his guardian and the form ought to be submitted with all supporting documents | |
33 | Form 26 | Certificate for permanent disablement benefit | Regulation 107 | To be submitted by every person whose claim for permanent disablement has been admitted at six monthly intervals, a certificate attested by such authority as may be specified by the director general | |
34 | Form 27 | Declaration & Certificate for Dependant’s Benefit | Regulation 107-A | To be submitted by every person whose claim for dependant’s benefit has been admitted at six monthly intervals , duly attested by such authority as may be specified by the director general | |
35 | Form 28 | Abstention Verification | Regulation 52-A | To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured person from work for which sickness benefit or disablement benefit for temporary disablement have been claimed or paid | |
36 | Form 28-A | Abstention Verification | Regulation 52-A | To be furnished by every employer to the appropriate office, such particulars & information in respect of abstention of an insured woman from work for which maternity benefit hass been claimed or paid |
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