Updated on 31st August 2017

ORGANISATION CHART

HISTORY

THE PUDUCHERRY SHOPS AND ESTABLISHMENTS ACT, 1964

PUDUCHERRY CATERING ESTABLISHMENTS ACT AND RULES, 1964

THE PUDUCHERRY INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1964

THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970

EQUAL REMUNERATION ACT, 1976

BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

THE PAYMENT OF GRATUITY ACT, 1972 AND RULES 1984

THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986

THE BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE CESS ACT, 1996

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

TIME BOUND CLEARANCES

JURISDICTION OF THE ASSISTANT INSPECTOR OF LABOUR

STAFF PARTICULARS

PROCEDURE AND CHECKLIST FOR INSPECTION UNDER VARIOUS LABOUR LAWS

STATISTICS


ORGANISATION CHART

 

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In the region of Puducherry, Minimum Wages are notified to various category of employees of a scheduled employment and the employer should pay the prescribed Minimum Wages to their employees under this Act. The object of this Act is to provide the Minimum rates of Wages in certain employment. Labour Officer (Enforcement) is the enforcing authority under this Act in the region of Puducherry, Mahe and Yanam. The Labour Officer (Enforcement), Assistant Inspector of Labour, Assistant Inspector of Factories, and Deputy Labour Commissioner are declared as Inspectors under this Act to enforce the statutory provisions under this Act.

IN PONDHICHERRY REGION, FOR THE FOLLOWING SCHEDULED EMPLOYMENT, THE MINIMUM WAGES HAVE BEEN FIXED BY THE GOVERNMENT:-

  1. Under the Puducherry Shops and Establishment Act, the employees Minimum Wages are fixed under G.O. Ms.No.32/2002/Lab/9, dated 26/09/2002.

  2. Minimum rates of Wages for employment in Rice Mill, Flour Mill or Dhal Mill have been fixed and draft G.O.Ms.No.14/2003/Lab/4, dated 13/5/2003 was issued.

  3. Minimum rates of Wages for employment in Public Motor Transport was fixed and draft G.O. Ms.No.17/2002/Lab/9, dt.23.5.2003 was issued.

  4. Minimum rates of wages have been fixed for employment in building operation and draft G.O. Ms.No.20/2002/Lab/9 dated 10/6/2003 was issued.

  5. Minimum rates of wages for Handloom Workers was fixed and draft G.O.Ms.No.22/AIL/Lab/4/03, dated 30/06/2003 was issued.

  6. Minimum rate of Wages for agriculture workers have been fixed and final notification issued in G.O.Ms.No.22/Lab/2002/G, dated 21/6/2002.

  7. Floor level Minimum rates of wages for contract workers employed in various industries been fixed vide Circular issued in No.228/A1/Lab/G/02, dated 22/11/2002.

 

       Under this Act, Inspectors are appointed under Section 19 of this Act to enforce the statutory provision of this Act and empowered to enter, examine, seize the required documents and to launch prosecution for any violation and contravention under this Act.

 

The following Forms are prescribed under this Act, are detailed below:

 

Register of Fines

-

Form No.I

Register of Deduction for Damages

-

Form No.II

Annual Return

-

Form No.III

Register for Overtime

-

Form No.IV

Muster Roll

-

Form No.V

Form of Application by an employee under Section 20(2) for getting Minimum Wages to the Court

-

Form No.VI

 

 

Penalty

    As per Section 22 of the Act, any person violating the provisions shall be punished with imprisonment which may extend to 6 months or fine which may extend upto Rs.500/- or both.

 

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     Under Motor Transport Workers Act, 1961 the employers are required to apply under Section 3 of this Act in FORM 1, FORM IV and FORM VII-A in duplicate to the Labour Officer (Enforcement) and may obtain a certificate of registration. In the Puducherry Region Assistant Inspector of Labour is the Registering Officer under this Act. Labour Officer (Enforcement), Assistant Inspector of Labour are Inspectors under this Act. Deputy Labour Commissioner is the Chief Inspector to all Puducherry, Karaikal, Mahe and Yanam Region. The employer may renew the registration certificate in Form-I and V in duplicate. The Inspectors appointed under Section 4 of this Act may inspect the Establishment at any time and required for production of any Registration or documents if necessary. They have to enforce health and welfare measures and regulate working hours, wages, leave and over-time. The Inspectors have to enforce whether the Minimum Wages have been paid to the Motor Transport Employees notified under G.0.Ms.No.17/2002/Lab1G, dated 23/6/2003. No children should be allowed to work under Section 21 and fitness certificates under Section 23 to be obtained of this act. The employer should maintain the required records pertaining to attendance, Wage, Over-time, Annual leave with wages, etc.

 

The prescribed fee structure as follows:

Five and above but less than 10

Rs.25.00

10 and above but less than 20

Rs.50.00

20 and above but less than 50

Rs.100.00

50 and above but less than 100

Rs.250.00

100 and above

Rs.500.00

 

The prescribed necessary forms under this Act are enclosed herewith.

 

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The Puducherry Shops and Establishments Act / Rules 1964, provides for regulation of conditions of work in Shops, Commercial Establishments, Theatres and other Establishments and for certain other purposes. Inspectors are appointed under Section 46 of this Act to enforce the statutory provisions strictly. Under Section 7 of this Act, Registrations of Shops and Establishments are mandatory and every employer shall submit their application in Form - I under Rule 3(1) and Rule 6(1). While submitting this application under sub-section (1) of Section 7 for registering their establishments, they have to submit the following statement / FORMS in duplicate along with their application

 

 

UNDER THE PUDUCHERRY SHOPS AND ESTABLISHMENTS ACT / RULES 1964

 

1.

FORM 1, Rule 3(1) and 6(1), for Registration / renewal of Registration.

2.

FORM XI Rule 22(1), Notice related to daily period of work

3.

FORM XIII, Rule 22(4), Notice for weekly holiday

 

 

Under the Puducherry Industrial Establishments (National and Festival Holidays) Act / Rules 1964.

 

4.

FORM-I, Rule 3(1) National / Festival holidays intimation

5.

FORM-II Rule 3(2) National and Festival holidays intimation

6.

FORM V Rule 5(1) Statement showing the holidays allowed during the year.

        

           Registration Certificate will be issued in Form - II under Rule 4(2) and it is valid for a financial year and shall be renewed from financial year to financial year i.e. before 31st March of every year on payments of the prescribed fee.

          In the region of Puducherry, Assistant Inspectors of Labour are declared as Registering Officers. Labour Officer (Enforcement), and Assistant Inspector of Labour are inspectors under this Act. Deputy Labour Commissioner is declared as the Chief Inspector for the regions of Pondicherry, Karaikal, Mahe and Yanam.

         Every employer at the time of Renewal of their Registration Certificate under Rule 6(1) shall send the following FORMS in duplicate before the expiry date on payment of the Renewal Fee prescribed under this Act / Rule.

  1. FORM 1, Rule 3(1) and 6(1), for renewal.

  2. FORM V Rule 5(1), Festival Holidays in the year

  3. FORM-I, Rule 3(1) National / Festival holidays intimation

  4. FORM-II Rule 3(2) National / Festival holiday intimation,

 

         If the employer makes any changes like Name of the Shop, Change of Address, Change in partners etc., may be intimated in Form - IV under Rule 5(1) under Section 8 of the Act within seven days after the change has take place. Under this Act, every employer required to produce the following Registers at the time of Inspection.

  1. FORM - IX under Rule 22(1), Register of employment

  2. FORM - VI under Rule 17(3)(a), Register of Fines

  3. FORM-VIII under Rule 19(14), Register of Advances

  4. FORM XI under Rule 22 (2), Register of Notice to specify the daily hours of work, Intervals for rest.

  5. FORM-XII, Details of the persons employed record of hours of work in

  6. FORM XIII under Rule 22(4), Record of notice

  7. FORM - XIV under Rule 22(9), Register of holidays to maintain the permitted holidays, leave etc.

  8. FORM-XV, to maintain fitness certificate to ascertain the age of workers.

 

          The employer may approach the office of the Labour Officer (Enforcement) located at No.1, Suffren Street, Pondicherry - 1 for registration or Renewal of their Establishment under Section 7(1) & (4) together with the prescribed fee. The prescribed fee structures are as follows under Rule 3(2):

 

Employees Does not exceed 10

..

Rs.10/-

Exceeds 10 but does not exceed 20

..

Rs.20/-

Exceeds 20 but does not exceed 50

..

Rs.50/-

Exceeds 50 but does not exceed 100

..

Rs.100/-

Exceeds 100

..

Rs.250/-

 

          The Duplicate Registration Certificate may also be obtained under Rule 7(1), if the Registration Certificate is lost or destroyed on payment of Rs.5/-.This Enforcement Wing regulates daily period of works in the opening and closing hour time of Shop and Establishment and Theatres, daily and weekly hours of work, granting of Weekly holidays and spread over periods of work etc. It also enforces cleanliness of campus, ventilation and prevention of fire accidents. The Inspectors under this Act has to enforce whether the Minimum Wages are being paid to the employees employed in Shops/Commercial Establishments and other Establishments in accordance with G.O.Ms.No.32/2002/Lab/G, dated 26/9/2002.
 


SECTION 4 OF THIS ACT EXEMPT THE FOLLOWING CATEGORIES:

  1. Persons employed in any establishment in a position of management

  2. Work involves travelling canvassers and care takers

  3. Establishments under Central and State Government / Local authorities, the Reserve Bank of India, Federal Railway authority and Railway administration and Cantonment authorities.

  4. Establishment in mines and oil fields.

  5. Temporary bazaars held during festivals not exceeding 15 days
     

    Secondly the conditions under Section 10 & 16 related to opening and closing hours of shops and establishments shall not apply to the following establishments.

    1. Hospitals and other institutions.

    2. Chemists or druggists

    3. Hostels attached to schools and colleges and boarding schools

    4. Stalls and refreshment rooms at railway stations

     

           Any employer who contravenes any of provisions of Sections 7,8,9,10,12,13,14,16 to 26,28,29,32 to 45 and 51 shall be punishable, for a first offence, with fine which may extend to twenty-five rupees and for a second or sub-sequent offence, with fine which may extend to two hundred and fifty rupees.

 

           Whoever contravenes the provisions of section 11 shall be punishable, for a first offence with fine, which may extend to ten rupees, and for a second or subsequent offence, with fine which may extend to one hundred rupees.

 

 

NO. OF REGISTRATION MADE UNDER VARIOUS LABOUR ENACTMENTS AS ON 30.10.2003

 

1.

The Puducherry Shops & Establishments Act, 1964

..

3285

2.

The Puducherry Catering Establishments Act, 1964

..

365

3.

The Motor Transport Workers Act,1961

..

84

4.

No. of Establishment registered under Building and Other Construction Workers Welfare Act.

..

51

5.

Amount of Cess collected

..

Rs.12,28,000/-

 

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 THE Puducherry INDUSTRIAL ESTABLISHMENTS (NATIONAL & FESTIVAL HOLIDAYS) ACT, 1964

    Under this Act the Labour Officer (Enforcement), Assistant Inspectors of Labour, Assistant Inspector of Factories are declared as Inspectors to enforce the statutory provisions with regard to grant of National and Festival Holidays. Under this Act, Section 3 provides for grant of National Festival Holidays in consultation with employer and employees. As per Section 4, the employer has to send statement to the inspector concerned. Section 5 provides that if any employee is allowed to work on any holiday defined, he/she under Section 3 is entitled to double of the wages, for such day or to avail himself of a substituted holiday with wages on any other day. The inspectors declared under Section 6 are enforcing the statutory provision and if any employer contravenes any of the provision under this act, is punishable under Section 8.

 

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 THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970

 

 Under the Contract Labour (Regulation and Abolition) Act, 1970 and Rules 1973 the Labour Officer (Enforcement) had been declared as Licensing Officer to issue license to the registered contractors under section 11 of the said Act.. To grant License under Section 13 the licensing officer may ensure that whether the Principal Employer has obtained certificate of registration required under Section 7 Rule 18 of the Act / Rule. To obtain License, every Contractor under this Act and Rules should submit an application to the Labour Officer (Enforcement) in FORM IV in triplicate under Section 12(1) along with a certificate issued by the Principal Employer in FORM V as per section 21(2) of the Rules and a treasury receipt towards the remittance of Security Deposit of Rs.30/- per head (under Rule 24, which will be refunded at the time of surrender of licence) and the payment of Licence fee at the rates prescribed to Rule 21. The Contractor is required to give declaration and undertaking that the notified minimum wages should be paid to the Contract Labourers. The following persons cannot be deemed to be a contractor under this act and rules:

 

A minor, person of unsound mind and person convicted by a Competent Court or convicted (at any time during the period of five years) any order of abolishment of contract Labour etc.

 

On receipt of the application, the Licensing Officer shall investigate in respect the particulars furnished in application in FORM IV to assess the eligibility of the applicant for issuing Licence. If the licensing officer is not satisfied for the reasons stated under Section 14 may refuse to grant license.

 

Aggrieving by this order appeal may be preferred under Section 15 within 30 days from the date of order. Commissioner of Labour is the appellate authority under Rule 23.

 

On specification of the application in FORM I the Licensing Officer will issue a licence under Section 13 in FORMS XVI under rule 25(1) of the Act and Rules. The number of workmen employed as Contract Labour shall not exceed the maximum number specified to the Licence. No female contract Labour shall be employed before 6.00 a.m. or after 7.00 p.m. The licence shall be renewed under Section 13(3) Rule 29 of the Act read with the FORMS XVII which is valid for one year from the date of issue of license and as per Rule 27, thirty days before the period of expiry. The application for temporary licence shall be made in FORM-VIII of Contract Labour for a period of not more than fifteen days. The Licensing Officer Under Section 14 of the Act is empowered to revoke / suspend and amend the license granted under Section 12. A licence issued under Rule 25 may be amended by the Licensing Officer for good and sufficient reasons. An employment card in FORMS XIV may be issued to each contract worker.

 

A contractor can obtain a temporary license in FORMS XII under Rule 32(2). The Inspectors appointed under this Act would enforce all the statutory provisions and conduct inspections periodically. The Contractor should maintain and produce the following registers at the time of inspection The Principal Employer should maintain Register of Contractors in FORMS XII under Rule 74

 

Under this Act and rules framed there under every Contractor should send a half yearly return to the licensing officer in FORMS XXIV under Rule 82(1).

 

The facilities like sufficient supply of drinking water, latrines and urinals, washing facilities and first aid facilities shall be provided by the contractor under section 18 and 19 under of the Act Notice showing the rate of wages, hours of work, wage periods, dates of payment of wages, name of the Inspector having jurisdiction shall be displayed in English and in regional language..

 

The prescribed fee structure for the grant of Licence under section 12 is as follows:

 

1.

No. of workmen is 20

..

Rs. 5/-

2.

More than 20 but below 50

..

Rs. 12.50/-

3.

More than 50 but below 100

..

Rs. 25/-

4.

More than 100 but below 200

..

Rs. 50/-

5.

More than 200 but below 400

..

Rs.100/-

6.

400 and above

..

Rs.125/-

 

 

The necessary prescribed FORMS / Statement under this Act are as follows:-

  1. FORMS XIII under Rule 75, Register of Persons employed

  2. FORMS XIV Rule 76, Register of workmen

  3. FORMS XV Rule 74, Service Register

  4. FORMS XVI, for Muster Roll

  5. FORMS XVII Rule 78(1), Register of Wages

  6. Rule 78 (2)(b), Wage slip

  7. under Rule 78(ii), Register of Fines

  8. Register of damage or loss

  9. FORMS XXIII under Rule 78 (1) (d). Register of over time

 


 

 

This act provides for the payment of equal remuneration to Men and Women and for the prevention of discrimination on the ground of sex against women in the matter of employment.

 

Duty of the employer is to pay equal remuneration to men and women workers for the same work or work of similar nature. Labour Officer (Enforcement) and Assistant Inspectors of Labour are declared as Inspectors under this Act to enforce the statutory provisions.

 

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Under this Act the Labour Officer (Enforcement) in the region of Puducherry strictly enforcing the statutory provisions and enforcing that no Bonded Labour system is adopted in any of the industry in this region. By frequent / periodical surprise inspection, the enforcement cell keeps constant vigil to see that no Bonded Labour system is prevailing in the region of Puducherry.

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SL.NO

ACTIVITY / SERVICES RENDERED

FORM TO BE SUBMITTED

AUTHORITY / OFFICES TO BE APPROACHED

TIME LIMIT

1
Issue of Principal Employer Registration Certificate under Section 7 of Rules 17(1) of the Contract Labour(R&A)1970
Application in Form I in triplicate[Rule 17(1)] along with relevant documents and prescribed fee application

Labour Commissioner –cum- Chief Inspector of Factories

90 Days

2

Issue of License to the Contractor Under Section12 of the Rules 21 of the Contract Labour(R&A)1970 , Act.

Form IV [Rule2191) & V[Rule 21(2)]
In triplicate

Labour Commissioner –cum- Chief Inspector of Factories

90 Days

3
Issue of renewal of license to the contractor under Section 13 of Rules 29 of the Contract Labour(R&A) Act,1970
Form VII in triplicate
[Rule 29(2)]
Labour Commissioner –cum- Chief Inspector of Factories
60 Days

4

Issue of Registration Certificate for Motor transport workers under Motor Transport Workers Act,1961.
[Rule (4) & (5) of PMTW Rules,1965.

Form I (Rule 4& 5)

Labour Commissioner

45 Days

5

Renewal of Registration Certificate under Motor Transport Workers Act,1961. Rule 8 of PMTW Rules,1965.

Form I & V ( Rule 4,5 &8)

Labour Commissioner

45 Days

6

Issue of Registration Certificate for shops and establishments under Puducherry shops and establishments, Act, 1964.

Form I (sub rule (1) of Rule 3 & sub rule(1)of Rule 6

Labour Commissioner

45 Days

7

Renewal of Registration Certificate Under section 10 of Puducherry shops and establishments, Act, 1964.

Form I , V (Rule 9 & 10)

Labour Commissioner

45 Days

8

Issue of Registration Certificate for the catering establishments under Puducherry catering establishments Act,1964

Form I , V & X
(in duplicate)
[Sub rule 1 of rule 3 & 6]

Labour Commissioner

45 Days

9
Renewal of Registration Certificate for the catering establishments under Puducherry catering establishments Act,1964
Form I , V & X
(in duplicate)
[clause A of Sub rule 3 of rule 24]

Labour Commissioner

45 Days

10
Registration of establishments employing building & other construction workers under section 7 of the building & other construction workers(Regulation of Employment & Conditions of service) Act,1996.
Form I [Rule 23(1)]

Labour Commissioner

45 Days

11
Issue of certificate & Registration under section 8 of Inter State Migrant Workmen(Regulation of Employment & Conditions of service) Act,1979
Form I [Rule 3(1)]


Labour Commissioner

45 Days

12
Renewal of License under sub section (3) of section 9 of Inter State Migrant workmen(Regulation of Employment & Conditions of service) Act,1979
Form V [Rule (2)]


Labour Commissioner

45 Days

 

 

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