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There are so many labour laws available in any industry. For example if you are in construction industry you will have to follow the below mentioned Acts & Rules
1. Building & Other Construction Workers Act & Rules / Factories Act & Rules / Mines Act & Rules / Shops and Establishment Act & Rules
2. Contract Labour (Regulation & Abolition) Act and Rules
3. Inter State Migrant workers Act & Rules
4. Payment of Wages Act & Rules
5. Minimum Wages Act & Rules
6. Payment of Bonus Act & Rules
7. Payment of Gratuity Act & Rules
8. Building & Other Construction Workers Welfare Cess Act & Rules
9. Labour Welfare Fund Act
10. Industrial Dispute Act and Rules
11. Industrial Employment Act
12. Workmen Compensation Act & Rules
13. Abolition of Bonded Labour system Act & Rules
14. Air (Prevention & Control of Pollution) Act & Rules
15. Arbitration Conciliation Act
16. Employees PF & Misc Provision Act
17. Employees State Insurance Act
18. Employers Liability Act
19. Environment Protection Act
20. Equal Remuneration Act & Rules
21. Indian Fatal Accidents Act
22. Maternity Benefit Act and Rules
23. Oilfields Regulation & Development Act
24. Personal Injuries (Comp & Ins) Act
25. SEZ Act and Rules
26. Trade Unions Act
27. Unorganised Workers Social Security Act
28. Water (Prevention & Control of Pollution) Act
29. Weekly Holidays Act
30. National and Festival Holidays Act
31. Boilers Act
By the above acts, any Government Employee can enter in any commercial establishment/factory/mine/Construction Site and simply threaten the management the extracting the money for their personal use. (Factories / Mines / Construction sites / Shops / even petrol pumps/hotels) The undue beneficiaries are normally Health Department, Civil Supplies, Police (Traffic / Crime / Law & Order / Intelligence) Department, RTO Authorities, PF Commissioner Office, ESIC, Labour Department, Factories / Industrial Safety and Health, Sanitary Department, Local Municipal authorities, Pollution Control Board, etc are some of the Government departments and their personnel making money by using the above acts.
To avoid such undue extraction of wealth from the organisation, the Government must make a single Labour Law which will fix for one industry (In case of Factory - One Factory Law to be made and it will have all the subject of the above acts and in case of Mines - One Mines Law which contains all the above relevant subject and in case of Construction Industries one Construction Law to be made), so that repeated formats in different act with different formats for single Wages register, Muster Roll and many other standard formats cannot be in question for any industry.
May I expect the opinion of the Legal experts for filing a PIL for compilation of abundant laws which can fit for an industry and have all the required formats needs to be followed, so that the organisations can also maintain the statutory compliance meticulously and the Government Officials undue extraction of money and benefits can be restricted upto some extent.
1. Building & Other Construction Workers Act & Rules / Factories Act & Rules / Mines Act & Rules / Shops and Establishment Act & Rules
2. Contract Labour (Regulation & Abolition) Act and Rules
3. Inter State Migrant workers Act & Rules
4. Payment of Wages Act & Rules
5. Minimum Wages Act & Rules
6. Payment of Bonus Act & Rules
7. Payment of Gratuity Act & Rules
8. Building & Other Construction Workers Welfare Cess Act & Rules
9. Labour Welfare Fund Act
10. Industrial Dispute Act and Rules
11. Industrial Employment Act
12. Workmen Compensation Act & Rules
13. Abolition of Bonded Labour system Act & Rules
14. Air (Prevention & Control of Pollution) Act & Rules
15. Arbitration Conciliation Act
16. Employees PF & Misc Provision Act
17. Employees State Insurance Act
18. Employers Liability Act
19. Environment Protection Act
20. Equal Remuneration Act & Rules
21. Indian Fatal Accidents Act
22. Maternity Benefit Act and Rules
23. Oilfields Regulation & Development Act
24. Personal Injuries (Comp & Ins) Act
25. SEZ Act and Rules
26. Trade Unions Act
27. Unorganised Workers Social Security Act
28. Water (Prevention & Control of Pollution) Act
29. Weekly Holidays Act
30. National and Festival Holidays Act
31. Boilers Act
By the above acts, any Government Employee can enter in any commercial establishment/factory/mine/Construction Site and simply threaten the management the extracting the money for their personal use. (Factories / Mines / Construction sites / Shops / even petrol pumps/hotels) The undue beneficiaries are normally Health Department, Civil Supplies, Police (Traffic / Crime / Law & Order / Intelligence) Department, RTO Authorities, PF Commissioner Office, ESIC, Labour Department, Factories / Industrial Safety and Health, Sanitary Department, Local Municipal authorities, Pollution Control Board, etc are some of the Government departments and their personnel making money by using the above acts.
To avoid such undue extraction of wealth from the organisation, the Government must make a single Labour Law which will fix for one industry (In case of Factory - One Factory Law to be made and it will have all the subject of the above acts and in case of Mines - One Mines Law which contains all the above relevant subject and in case of Construction Industries one Construction Law to be made), so that repeated formats in different act with different formats for single Wages register, Muster Roll and many other standard formats cannot be in question for any industry.
May I expect the opinion of the Legal experts for filing a PIL for compilation of abundant laws which can fit for an industry and have all the required formats needs to be followed, so that the organisations can also maintain the statutory compliance meticulously and the Government Officials undue extraction of money and benefits can be restricted upto some extent.
Dear Friends
My intention of raising the thread is to identify the difficulties in implementing all the above relevant acts and simplifying them, so that we need not to forgo any act willingly due to repetition / multiplication of work.
For example
We must issue the Wages Slip to all the workers, as per Contract Labour Act, Minimum Wages Act and BOCW Act. But all are having different Form Number.
We must prepare the Wages Register to all the workers as per Contract Labour Act, BOCW Act, ISMW Act, Minimum Wages Act and Payment of Wages Act. But all are having different Format and Form Number.
We must maintain the Register of workmen employed as per CL Act, BOCW Act, ISMW Act. But all are different format and different Form Number
We must maintain the Register of Advances, Register of Fine, Register of loss or damages as per Payment of Wages Act, MW Act, BOCW Act, CL Act. But all are having different Format and Form numbers.
These are all few of the controversial form of work being implemented by the appropriate governments. Further the Formats are differing from state to state and state to Central.
A single and simple essential forms and formats can help all the organisations to maintain all the statutory compliance, so that their incidental expenditure can be kept in minimal level.
Who will and who can bell the Cat.....
My intention of raising the thread is to identify the difficulties in implementing all the above relevant acts and simplifying them, so that we need not to forgo any act willingly due to repetition / multiplication of work.
For example
We must issue the Wages Slip to all the workers, as per Contract Labour Act, Minimum Wages Act and BOCW Act. But all are having different Form Number.
We must prepare the Wages Register to all the workers as per Contract Labour Act, BOCW Act, ISMW Act, Minimum Wages Act and Payment of Wages Act. But all are having different Format and Form Number.
We must maintain the Register of workmen employed as per CL Act, BOCW Act, ISMW Act. But all are different format and different Form Number
We must maintain the Register of Advances, Register of Fine, Register of loss or damages as per Payment of Wages Act, MW Act, BOCW Act, CL Act. But all are having different Format and Form numbers.
These are all few of the controversial form of work being implemented by the appropriate governments. Further the Formats are differing from state to state and state to Central.
A single and simple essential forms and formats can help all the organisations to maintain all the statutory compliance, so that their incidental expenditure can be kept in minimal level.
Who will and who can bell the Cat.....
The following are some more observation received from one of my friends.
"If two or more acts are applicable to a particular establishments, then we need to maintain the registers under any one of the act and not all the acts, which has been clarified in all the acts. Then, why you need to write all those things again.
You may refer various other welfare measures, which require real clarity like lime washing of inner wall of a canteen dining hall, wherein we need to lime wash the inner walls of dining hall once in a year as per CLRA Act and ISMW Act but as per BOCW Act, we need to lime wash once in six months.
Rest Room facilities and Washing facilities are not specified in BOCW Act but are specified in other Acts.
Creche and Accommodation facilities are not specified in CLRA Act but are specified in other Acts.
As per BOCW Act, we need to provide canteen only when the strength of building workers crosses 250 but as per CLRA Act and ISMW Act, it is 100."
The above details are also can be used for further argument.
"If two or more acts are applicable to a particular establishments, then we need to maintain the registers under any one of the act and not all the acts, which has been clarified in all the acts. Then, why you need to write all those things again.
You may refer various other welfare measures, which require real clarity like lime washing of inner wall of a canteen dining hall, wherein we need to lime wash the inner walls of dining hall once in a year as per CLRA Act and ISMW Act but as per BOCW Act, we need to lime wash once in six months.
Rest Room facilities and Washing facilities are not specified in BOCW Act but are specified in other Acts.
Creche and Accommodation facilities are not specified in CLRA Act but are specified in other Acts.
As per BOCW Act, we need to provide canteen only when the strength of building workers crosses 250 but as per CLRA Act and ISMW Act, it is 100."
The above details are also can be used for further argument.
Further we can tell the following points also.
As per BOCW Act the Canteen must be white washed in every 6 months. Whereas as per other acts, it should be white washed yearly once.
As per BOCW Act if the Distance of Canteen is more than 250 meters, then the eatables must be supplied at the work place. But there is no such provision available in CL Act and ISMW Act.
May I expect our other learned members also take active participation in this controversial subject.
As per BOCW Act the Canteen must be white washed in every 6 months. Whereas as per other acts, it should be white washed yearly once.
As per BOCW Act if the Distance of Canteen is more than 250 meters, then the eatables must be supplied at the work place. But there is no such provision available in CL Act and ISMW Act.
May I expect our other learned members also take active participation in this controversial subject.
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Listed Under labour welfare fund City-India-Kumbakonam pollution control board industrial safety construction site social security workmen compensation act industrial dispute act bocw act workmen compensation equal remuneration act payment of gratuity Country-India
Contract Labour (Regln & Abolition) Act 1970.zip
SOCIAL SECURITY IN INDIA- FORMAL AND INFORMAL SECTOR.pdf
