under Labour Laws Workshop Organized by Confederation Of Indian Industry Madhya Pradesh Chapter On 18 th August 2015 At ABV Indian Institute of Information Technology Gwalior By Advocate Anil Chawla ID: 209450
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Liabilities of Directors underLabour Laws
WorkshopOrganized byConfederation Of Indian IndustryMadhya Pradesh ChapterOn 18th August 2015At ABV Indian Institute of Information Technology, GwaliorBy Advocate Anil Chawla Senior Partner,Anil Chawla Law Associates LLPwww.indialegalhelp.com
This Presentation gives only an indication of penalties and liabilities regarding selected
labour
laws of India. Slide2
Key Labour LawsEmployees’ State Insurance Act, 1948
Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952The Minimum Wages Act, 1948The Payment of Bonus Act, 1965The Payment of Wages Act, 1936The Payment of Gratuity Act, 1972Contract Labour (Regulation and Abolition) Act, 1970The Maternity Benefit Act, 1961The Industrial Employment (Standing Orders) Act, 1946August 2015Copyright - Anil Chawla Law Associates LLP2Slide3
A. Key ConceptsA1. Occupier under Factories ActA2. Exemption of Occupier or ManagerA3. Recovery as Arrears of Land Revenue
Copyright - Anil Chawla Law Associates LLP3August 2015Slide4
A1. Occupier under Factories Act4Copyright - Anil Chawla
Law Associates LLPAugust 2015Section 2(n) and 7(1) of Factories Act, 1948Slide5
A1. Occupier under Factories Act (Continued)5Copyright - Anil
Chawla Law Associates LLPAugust 2015J.K. Industries Ltd. and Ors. Vs. Chief Inspector of Factories and Boilers and Ors., MANU/SC/1293/1996Slide6
A1. Occupier under Factories Act (Continued)6Copyright - Anil
Chawla Law Associates LLPAugust 2015J.K. Industries Ltd. and Ors. Vs. Chief Inspector of Factories and Boilers and Ors., MANU/SC/1293/1996Slide7
A2. Exemption of Occupier or Manager7Copyright - Anil Chawla
Law Associates LLPAugust 2015Section 101 of Factories Act, 1948Slide8
A3. Recovery as Arrears of Land Revenue8Copyright - Anil Chawla
Law Associates LLPAugust 2015Section 6(1) of The Revenue Recovery Act, 1890Slide9
B. Employees State Insurance ActB1. Principal EmployerB2. ESI Dues as Land Revenue
B3. Punishment for False StatementB4. Punishment for Failure to PayB5. Offences by companiesB6. Repeated offencesCopyright - Anil Chawla Law Associates LLP9August 2015Slide10
B1. Principal Employer10Copyright - Anil Chawla
Law Associates LLPAugust 2015Section 2(17) of ESI Act, 1948Slide11
B2. ESI Dues as Land RevenueCopyright - Anil Chawla Law Associates LLP
11August 2015Slide12
B3. Punishment for False StatementCopyright - Anil Chawla Law Associates LLP
12August 2015Section 84 of ESI Act, 1948 Slide13
B4. Punishment for failure to payAugust 2015Copyright - Anil Chawla Law Associates LLP
13Section 85 of ESI Act, 1948 Slide14
B5. Offences by companiesCopyright - Anil Chawla Law Associates LLP
14August 2015Section 86A of ESI Act, 1948 Slide15
B5. Offences by companies (Continued)Copyright - Anil Chawla Law Associates LLP
15August 2015Section 86A of ESI Act, 1948 Slide16
B6. Repeat offencesAugust 2015Copyright - Anil Chawla Law Associates LLP
16Section 85A of ESI Act, 1948 Slide17
C. Provident FundC1. EmployerC2. Recovery of Moneys as Land RevenueC3. Penalties
C4. Offences by CompaniesC5. Repeat Offences and Cognizable OffenceCopyright - Anil Chawla Law Associates LLP17August 2015Slide18
C1. Employer Copyright - Anil Chawla Law Associates LLP
18August 2015Section 2(e) of Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide19
C2. Recovery of moneys as land revenue Copyright - Anil Chawla Law Associates LLP
19August 2015Section 8 of Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide20
C3. Penalties Copyright - Anil Chawla Law Associates LLP
20August 2015Section 14 of Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide21
C3. Penalties (Continued) Copyright - Anil Chawla Law Associates LLP
21August 2015Section 14 of Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide22
C4. Offences by companies Copyright - Anil Chawla Law Associates LLP
22August 2015Section 14A of Employees’ Provident Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide23
C5. Repeat Offence & Cognizable Offence Copyright - Anil Chawla Law Associates LLP
23August 2015Section 14A A & 14AB of Employees’ Pr. Funds Family Pension Fund and Deposit Linked Insurance Fund Act, 1952Slide24
D. Minimum WagesD1. EmployerD2. PenaltiesD3. Offences by Companies
Copyright - Anil Chawla Law Associates LLP24August 2015Slide25
D1. Employer Copyright - Anil Chawla Law Associates LLP
25August 2015Section 2(e) of The Minimum Wages Act, 1948Slide26
D2. Penalties Copyright - Anil Chawla Law Associates LLP
26August 2015Section 22 of The Minimum Wages Act, 1948Slide27
D3. Offences by companies Copyright - Anil Chawla Law Associates LLP
27August 2015Section 22C of The Minimum Wages Act, 1948Slide28
E. Payment of BonusE1. EmployerE2. PenaltiesE3. Offences by Companies
Copyright - Anil Chawla Law Associates LLP28August 2015Slide29
E1. Employer Copyright - Anil Chawla Law Associates LLP
29August 2015Section 2(14) of The Payment of Bonus Act, 1965Slide30
E2. Penalties Copyright - Anil Chawla Law Associates LLP
30August 2015Section 28 of The Payment of Bonus Act, 1965Slide31
E3. Offences by companies Copyright - Anil Chawla Law Associates LLP
31August 2015Section 29 of The Payment of Bonus Act, 1965Slide32
Thanks!Copyright - Anil Chawla Law Associates LLP32
Anil Chawla Law Associates LLPwww.indialegalhelp.cominfo@indialegalhelp.comTel. – 09425009280August 2015Anil Chawla Law Associates LLP is registered with limited liability and bears LLPIN AAA‑8450.This Presentation is an academic exercise. It does not offer any advice or suggestion to any individual or firm or company. While all efforts have been made to ensure accuracy and correctness of information provided, no warranties / assurances are provided or implied. Readers are advised to consult a Legal Professional / Company Secretary / Chartered Accountant before taking any business decisions. Anil
Chawla
Law Associates LLP does not accept any liability, either direct or indirect, with regard to any damages / consequences / results arising due to use of the information contained in this Presentation.