DISTRICT MUZAFFARNAGAR

LABOUR DEPTT. MUZAFFARNAGAR

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    To promote harmonial relations between employers and workman the office of the Asstt. Labour Commissioner and Asstt. Director of Factories are functioning at Muzaffarnagar District. Details of officies in the district are as under :

    The labour Deptt. looks after the interest and welfare of the workman and for the purpose keeps close watch on the employers through various labour laws enforced in the factories as well as in the shops and commercial establishment. The salient features are as under:

FACTORIES ACT 1948 AND UP FACTORIES RULES 1950

DEFINATION OF FACTORY:     Means any premises where 10 or more worker are/were working on any day proceeding 12 months with the aid of power of whereon 20 or more workers are/were working on any day of the proceeding 12 months. Along with this as per section 85 of Factories Act, the premises whereon less then 10 but more than 5 workmen are working with the aid of power or less or more than 10 without the aid of power are working. The schedule of such factories (sec. 85) is enclosed as Annexure-I.

POWER:     Power means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency.

WORKER:     Worker menas a person employed by anyway and connected in anyway with manufacturing process.

MANUFACTURING PROCESS:         The following operations can be termed as manufacturing process:

Making, alterring, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting is any article or any substance.

(1) Pumping oil, water, sewage or any other substance

(2) Generating, transformjing or transmitting power.

(3) Typing work, book binding etc.

(4) Preserving or storing any article in cold storage.

THE PROCUDURE APPENDED IN FACTORIES ACT FOR REGISTRATION/RENEWAL OF FACTORIES:

1. Based on the horse power and the employed workmen in the factory the prescribed licence fee is deposited in the treasury through challan. The original challan alongwith Form No. 4 triplicate is subkitted in the regional office.

2.   The plan showing the buildings and the fixed machinaries and the stability certificate alongwith other documents in triplicate are submitted in the regional office. and licence is issued after the approval of the same.

        Every year on before 31st Ocotber the licence are renewed for next year after having received theprescribed fee through challan and relevant documents from the Factory concerned.

        Factory act is meant for health, welfare. and safety of persons working inside the  factory and living nearby. In factory Act as well as UP Factories Rules, there are various provisions mentioned like Registration of Factory, Renewal,, Attendance and Wages Register of Workman, compliance of safety provisions, not engaging workman for excessive hours of work then the normal fixed hours and the provisions to allow different holidays. In the event of contraventions of these provision legal action can be taken against owner of the Factory and upto one laks penalty could be imposed for the offences of general nature. Apart from this for fatal accident this penalty would be of minimum Rs. 25 thousand.

U.P. DOOKAN AUR VANIJYA ADHISTHAN ADHINIYAM 1962

        The act applies to every shop & commercial establishments defined below:

SHOP:     Any premises where any wholesale or retail trade or business is carried on or where services are rendered to customers and includes all offices, godowns or ware houses, whether in the same premises or not which are used in connection with such trade or business.

COMMERCIAL ESTABLISHMENT:   Any premises not being the premises of a factory or a shop wherein any trade business, manufacture or any work in connection with or incidental or axcillary there to is carried on for profit and includes a premises wherein journalist or printing work or business of banking, insurance, stock and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema or for any other public amusement or entertainment or where the clerical and other establishment of a factory to who provisions of factory act not apply.

        The salient features of act are given below:

REGISTRATION:    The owner of every shop and commercial establishment shall apply for registration within 3 months on the prescribed application form in duplicate alongwith the original treasury challan receipt. Prescribed fees for five year at present is as under:

Part-I

Part-II

RENEWAL OF REGISTRATION:     Every registration is valid for five financial years. The renewal application for registration is to be submitted 15 days prior with a simple application alongwith original copy of Treasury challan.

LATE FEE:     Late-fee at the rate of 12.5% per month shall be charged if this   application registration or renewal as the case may be, is not received in the office within the specified aperiod mentioned above.

AMMENDMENT IN REGISTRATION:    It there is any change in the name, address, owner's name and address, no. of employees, an ammendment application is to be submitted within 15 days of such change on prescribed application ammendment form with a nominal fee receipt of Rs. 10.00 deposited by Treasury challan.

OPENING CLOSING HOURS:        Any shop & commercial establishment other than those mentioned is schedule II, shall not open before a 9 a.m. and after 8 p.m.

WEEKLY CLOSE-DAY:         Every shop & commercial establishment other than mentioned in schedule II will remain close on the weekly close day fixed by the District for the locality which are as under:

NOTE:      The close day can be changed on the written request made in Novermber to the Distt. Magistrate by majority of shops owner.

PUBLIC HOLIDAYS:    Every shops or commercial establishment shall remain close the following Public Holidyas:

1.    Republic Day

2.    Dr. Ambedker's Birthday

3.    Holi (Dulhandi)

4.    Independance Day   

5    Gandhiji's Birth Day

6.    Deepawali Parva (Goberdhan)

7.    Kartiki Purnima

8.    Id-ul-Fitre

RULES & RECORDS FOR EMPLOYEES:        Every employee shall be required to work for 8 hrs. excluding interval for rest. However spread over does not exceed 12 hours. Interval rest should be allowed before 5 hours of work.

Every employer shall also provide to their employees:

A.    WEEKLY REST

B.    PUBLIC HOLIDAYS

C.    CASUAL LEAVE OF TEN DAYS

D.    ON COMPLETION OF ONE YEAR'S SERVICE 15 DAYS EARNED LEAVE, IN CASE OF WATCH & WARD & CARETAKER IT SHALL BE 60 DAYS.

E.    ON COMPLETION OF SIX MONTSH SERVICE 15 DAYS MEDICAL LEAVE.

PAYMENT OF WAGES:         Within 7 days after completion of wage period.

REGISTERS & RECORDS:   Every employer shall maintain following:

1.    Attendance & wages Register (Form G)

2.    Leave Register (Form H)

3.    Various Notices to be displayed as per rules

        If any of the provisions made   in the act or rules were found violated at the time of inspection by the inspector the employer may face penal action.

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

        Section 3 of the act prohibit the employment of child (a person who has not completed his fourteenth years of age) in occupation and processes given below:

OCCUPATIONS:Any occupations connected with:

1.    Transport of passengers goods or mails by railways

2.    Clinder picking, clearing of an ash pit or building operation in the railway premises.

3.    Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one plat form to another or into or out of moving train.

4.    Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines.

5.    A port authority within the limits of any ports.

6.    Work relating to selling of crackers and firework in shops with temporary licences.

7.     Abattoirs/slaughter houses.

8.    Automobile workshops and garages.

9.    Foundries.

10.  Hnadling of toxic or intammable sustances or explosives.

11.  Handloom and powerloom industry.

12.  Mines & collieries.

13.  Plastic units and fibre glass workshops.

PROCESSES:

1.    Bidi making

2.    Carpet, weaving including preparatory and incidental process thereof.

3.    Cement manufacture including bagging of cement.

4.    Cloth printing dying & weaving including preparatory & incidental thereof.

5.    Manufacturing of matches, explosives and fireworks.

6.    Mica cutting & splitting

7.    Shellac Manufacture

8.    Soap manufacture

9.    Tanning

10.  Wool cleaning.

11.  Building & Construction Industry

12.  Manufacture of State penciles (including packing)

13.  Manufacture of products from Agate.

14.  Manufacturing processes using toxic metals and substances such as lead, mercury  manganese, chromium, cadmium, benzene, pesticides & asbestes.

15.  'Hazardors process' as defined in section 2 (cb) and dangerous operations as defined in rules made unjder sec. 87 of the factories act 1948.

16.  Printing as defined in section 2(k) (iv) of the factories Act 1948.

17.  Casher and cashment descaling and processing.

18.  Soldiering process in electronic industry

19.  Agarbatti manufacturing

20.  Automobile repars and maintenance including process incidental thereto namely welding,  latherwork, dent beating and painting.

21.  Brick kilns and root tiles units.

22.  Cotton ginning & processing and production of Hosiery goods.

23.  Detergent manufacturing

24.  Fabrication workshop (Ferrous & non ferrous)

25.  Gem cutting and polishing

26.  Handling of chromite and manganese ores.

27.  Jute textile manufacture and coir making

28.  Lime kilns and Manufacture of lime.

29.  Lock making

30.  Manufacturing process having exposure to lead such as primary and secondary smelting welding and cutting of lead- painted metal constructions, welding or galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint burning of lead in enameling of workshops, lead mining, plumbing, cable making, wire paterting, lead casting, type founding in printing shops. Stores type setting, assembling of cars shot making and lead glass blowing.

31.  Manufacure of cement pipes cement products and others related work.

32.  Manufacturing of glass, glassware including bangles, flourescent tubes, bulbs and other similar glass products.

33.  Manufacture of dyes and dye stuff.

34.  Manufacturing or handling of pesticides and insecticides.

35.  Manufacturing or processing and handling of corosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.

36.  Manufacturing of burning coal and coal briquettes.

37.  Manufacturing of sports goods involving exposure to synthetic materials chemicals and feather.

38.  Moulding and processing of fibrrglass and plastic.

39.  Oil expelling and refinery

40.  Paper making

41.  Potteries and ceramic industry.

42.  Polishing, mou8lding, cutting welding and manufacture of brass goods in all forms.

43.  processes in agriculture where tractors threshing and harvesting machines are used for chaff cutting.

44.  Saw mill- all processes.

45.  Sericulture processing.

46.  Skinning, dyeing and processes for manufacturing or leather and leather products.

47.  Stone breaking and stone crushing.

48.  Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.

49.  Tyre making, repairing re-treading and graphite benefication.

50.  Utensils making polishing and metal buffing.

51.  'Zari' making (all processes).

SECTION 6 :

        This section lays down that provisions of this part III shall apply to an establishment or a class of establishment in which none of the occupation or process reformed to in section 3 is carried on.

        In part III No child shall be required to work   for more than three hours without an interval of one hours, however total spreadover inclusive of interval shall not exceed more than six hours. Weekly rest notice shall be dixsplayed. Notice is also required to be sent to inspector of the area containing the particulars i.e. name of establishment. owner's name, address, nature of occupation. Every occupier shall also maintain register showing (1) name & date of birth of employed child, (2) Hours & periods of work and intervals of rest (3) The nature of work of a child, (4) Such other particularsz as may be prescribed.

PENAL;::: (SECTION 14)

1.         Whoever employes any child or permits to work in contravation of provisions of section shall be punishable with imprisonment for a term which shall be not less than three months extendable upto our year or with fine which shall not be less than ten thousand rupees or with both.

2.         Whoever having been commited before for an offence under section 3 commits a like offense shall be punishable for a term upto six months which may extend to two years.

3.         Whoever fails to comply with or contravens any other provisions of this act or the rules made thereunder shall be punishable with simple imparisonment of one month or with fine which man extend to ten thousand rupees or with both.

OTHER LABOUR ACTS:

1.   THE PAYMENT OF BONUS ACT,, 1965:

        Every workman who has worked for not less than thirty day in one financial year and whose monthly salary is not more than 3500/- is entitled for minimum bonus @  8.33% or as per provision of the Act. Form A.B. & C are to be maintained by the employer.

2.    THE MINIMUM WAGES ACT, 1948:

        In more than 65 schedule employments the State Govt. has fixed minimum rates of wages for unskilled, semiskilled, skilled & clerical categories employed. The details of which can enquired from the nearest office.

        If any workman is getting less than minimum wages fixed can file a direction application before authority (Asstt. Labour Commissioner, Muzaffarnagar under section 20 of the Act.)

        Every employer has to maintain register muster roll in form IV, give wage slip in form X and display notices in form XI to XVI.

        If anhy employer has been found guilty of giving minimum wages less than the fixed by the State Govt. or fails to maintain register and records can face prosecution or the direction as the case may be.

3.    EQUAL REMUNERATION ACT, 1976

        No employer shall disiriminate male & female worker of a category for the purpose of wages. Both should be paid equal wages for equal nature of work.

4,    CONTRACT LABOUR ACT, 1970:

        If any establishment or contractor employe 20 or more contract labours on any day or in this proceeding twelve months shall have to apply for registration of the establishment or license for the contractor as the case may be. Every employer of the establishment or the contractor has to maintained prescribed registers & records prescribed under the Act.

WORKMEN COMPENSATION'S ACT 1923:

        An Act to provide for the payment of Certain classes of employers to their workmen, compensation for injury by Accident. On the knowledge by any means the commissioner under the Actmayissue notice u/s 10(a) and direct the employer to deposit the amount of compensation for dependants of the deceased, otherwise dependants can also file their claim application before the commissioner under the ACT i.e. the Asstt. Labour Commissioner of the nearest area.

PAYMENT OF GRATUITY ACT, 1972

        An Act to provide for a scheme for the payment of gratuity to employer engaged in factories. Shops or other establishments and for matters connected there with or incidental thereto. It applied to every factory shop or establishment where ten or more workmen are employed. It is payable on super annuation, retirement or registration or on his death or disablement due to accident or disease. If the gratuity is not paid a workmen may file an application before the authority under the Act i.e. Dy. labour commissioner.

MOTOR TRANSPORT WORKER'S ACT, 1961

        Every employer's who employers two or more workmen are required to get their undertaking registered under section 2 of the Act. Besides this they have also been required to maintain certain registered & records as prescribed under the Act.

BONDED LABOUR  ACT

        Act provides provisions to abolish bonded labour system. Bonded labour means a labourer who incurs, or has or in presumed to have incurred a bonded debt. To have a close watch District & Tehsil level vigilance committees are constituted. These committees on receipt of information by any source acts to free the bounded labourers as well as to rehabiliate them by giving their recommendation to state Govt. through District Magistrate.

source  Asstt. Labour Commissioner,Mzn.

|DISTRICT PROBATION OFFICE( WIDOW PENSION) | DISTRICT SOCIAL WELFARE OFFICE |  DISTRICT ALPSANKHAYK WELFARE OFFICE | DISTRICT BACKWARD WELFARE OFFICE | GOVT.DEPT. | HOME PAGE |