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.

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

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

MCA has announced a fee Relaxation /waiver for LLPs who are late in filling out whatever event-based e-forms due on or after February 25, 2022, and before May 31, 2022, but before June 30, 2022.

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