Published vide Punjab Government Notification No. 3209-P-52/2113, dated 30.4.1952
hl288
- Short title and commencement.- (1) These rules may be called the Industrial Statistics (Punjab Labour) Rules, 1952.
(2) They shall come into force at once.
- Definitions.- In these rules unless the context otherwise requires, -
(a) "Act" means the Industrial Statistics Act, 1942 (XIX of 1942);
(b) "employer" means the owner of an industrial establishment to which the Act applies and includes -
(i) in the case of a factory, the manager nominated under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (LXIII of 1948);
(ii) in any industrial establishment under the control of any department of any Government, the authority appointed by such Government in this behalf and when no such authority is so appointed, the head of the department;
(iii) in the case of any other industrial establishment any person responsible to the owner for the supervision, control or management of the industrial establishment;
(c) "form" means a form prescribed by these rules and set forth in the schedule annexed hereto;
(d) "industrial establishment" means, -
(i) a "factory" as defined in clause (m) of section 2 of the Factories Act, 1948 (LXIII of 1948);
(ii) a "plantation" used or intended to be used for the cultivation of tea, coffee, rubber or cinchona, or for any purpose connected therewith and on which twenty or more persons are employed or working on any day during the preceding twelve months;
(e) "quarter" means a period comprising three months ending on the 31st March, 30th June, 30th September, or 31st December; and
(f) "statistics authority" means the officer appointed under section 4 of the Act to be the Statistics Authority for the purposes of collecting statistics under the Act.
- Service of notice on the employer by the Statistics Authority.- (1) The Statistics Authority shall -
(i) within two months from the date of the commencement of these rules, or
(ii) if it is not possible to do so for any unavoidable reason, as soon as possible thereafter, serve or cause to be served whether by post or otherwise a notice on each employer requiring him to furnish to the Statistics Authority in duplicate -
(a) quarterly returns in the appropriate form; and
(b) statements showing the details of revisions in wages and allowances, and of annual, quarterly or other periodical bonuses declared for payment to the workers together with the conditions of eligibility to such bonuses :
Provided that the Statistics Authority shall, in the case of an industrial establishment which is not in existence at the time of commencement of these rules, serve the said notice on the employer as soon as may be, after the coming into existence of the said establishment, requiring him to furnish the said return and statements in duplicate, to the Statistics Authority by such date as may be specified in the notice.
(2) The Statistics Authority shall forward with the notice specified in sub-rule (1) an adequate number of forms in which the returns are to be furnished.
(3) Similar notices after the first notice may be served by the Statistics Authority at such intervals as he may decide.
- Furnishing of returns by the employer.- (1) Every employer on whom a notice under rule 3 has been served by the Statistics Authority shall furnish to him in duplicate :-
(a) the quarterly returns referred to in clause (a) of sub-rule (2) of rule 3 within one month after the expiry of each quarter or by the date specified in the notice whichever is earlier; and
(b) the statements referred to in clause (b) of sub-rule (1) of rule 3 as and when such revisions are made or such bonuses granted :
Provided that on the representation of the employer, the Statistics Authority may, if he is satisfied that sufficient grounds exist, allow him such extension of time as he may deem fit :
Provided further that where a change takes place in the management of any industrial establishment after the service of the said notice, the new employer shall be responsible for the submission of the said returns and statements.
(2) The employer shall retain with himself a true copy of each return and statement submitted under sub-rule (1).
- Return of notice relating to an industry with which an employer is not connected.- If an employer connected with any industrial establishment receives with the notice served under sub-rule (1) of rule 3, forms relating to an industry with which the establishment is not connected, he shall, within seven days of the receipt of the said notice, return the forms to the Statistics Authority stating the reasons therefor and giving the names of the industry with which the establishment is connected. The Statistics Authority shall thereupon send to the employer within seven days of the receipt of such intimation the appropriate forms for such industry together with a fresh notice, if necessary, and the employer shall thereafter furnish the returns required therein within the time limits prescribed in rule 4.
- Returns to be furnished in forms supplied for the purpose.- The returns specified under rule 3 shall be furnished only in forms supplied by the Statistics Authority but if the number of forms supplied is not sufficient the employer shall apply to the said authority for the supply of an adequate number of forms in time. If the forms applied for are not supplied by the Statistics Authority in time, the employer may make copies of the forms already supplied.
- Method of service of notice and furnishing of returns.- The Statistics Authority shall serve the notice referred to in sub-rule (1) of rule 3 on the employer at his last known address by registered post or through a messenger under a cover entitled "Notice under the Industrial Statistics (Punjab Labour) Rules, 1952", and the employer shall furnish the returns and statements specified in sub-rule (1) or rule 4 by registered post, acknowledgement due, or through a messenger, under a cover entitled "Confidential - Return under the Industrial Statistics (Punjab Labour) Rules, 1952."
- Information to be furnished in English.- All information required under rule 3 shall be furnished in English, or in any other language prevalent in the area where the industrial establishment is situated.
(Schedule)
Form A
Factories
[To be submitted to the Statistics Authority within one month after the close of the quarter to which the return relates]
The Industrial Statistics Act, 1942
The Industrial Statistics (Punjab Labour) Rules, 1952
Return for the quarter ending in the _______________ 19
Name of the factory ______ Industry _______ Using Power/Not using power ________ (Please strike out the term not applicable).
Postal address ______________ District _____________ State ______________
Part I - Return on Employment and Attendance
| Number of workers on rolls on the last working day of the quarter [Vide instruction (a)] | Men/Women/Children |
Number of working days during the quarter [Vide instruction (b)] ___________
| 1st month of the quarter | 2nd month of the quarter | 3rd month of the quarter | ||
| Total number of man-shifts worked [vide instruction (c)] during each month of the quarter | Men Women Children | |||
| Total number of man-shifts lost on account of absence [Vide instruction (d)] during each month of the quarter due to | Sickness Accidents Other causes (including statutory and other authorised leave) | |||
| Total number of man-shifts lost through in voluntary unemployment [Vide instruction (e)] during each month of the quarter. |
If there are any marked changes in employment, attendance, absenteeism, etc., either in the month to month figures or as compared to the previous quarter, please account briefly for the changes.
[Note :- Casual labour should not be included in the figures of total number of man-shifts lost on account of absence and total number of man-shifts lost through 'involuntary unemployment'. Figures of total number of man-shifts worked should, however, be shown for each month of the quarter in the columns provided under two separate sub-heads, viz., 'Casual labour' and 'non-Casual labour'.]
Part II - Return of Hours of Work and Earnings
[The information given in this return should relate to the last month (English Calendar) of the quarter.]
Number of working days in the month _______________
| Total cash earnings during the month [Vide Instruction (h)] | ||||||||
| Average daily attendance during the month [vide instruction (f)] | Aggregate number of man-hours worked during the month [vide instruction (g)] | Basic wages | Dearness allowance | Overtime payments | Other cash payments [vide instruction (v)] | Total | Estimated money value of concessions in kind earned during the month [(vide instruction (j)] | |
| Men Women Children | Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | ||
Normal hours of work :
Rest Intervals :
| Ist Shift :- From _________ To ______ | From ___________ To ____________ |
| 2nd Shift :- From ________ To ______ | From ___________ To ____________ |
| 3rd Shift :- From ________ To ______ | From ___________ To ____________ |
Please give references to statements regarding revisions in basic wages, allowances, etc., sent during the quarter, if any, in accordance with clause (b) of sub-rule (1) of rule 4.
Please furnish details regarding the scheme of dearness allowance, bonuses, etc., and if the dearness allowance is linked to the cost of the living index, indicate how the amount is calculated.
Please give in the space provided below a distribution of the number of workers on rolls at the end of the month according to the wage period (e.g., week, fortnight, or any other period) adopted for payment in each case :
| Wage-period (please specify) | No. of workers | Certified that the information given above is correct |
| ________________ | _______________ | |
| ________________ | _______________ | Signature _______________ |
| ________________ | _______________ | Name (in block letters) _______ |
| ________________ | _______________ | Designation (in block letters) _______________ |
Instructions
(a) ['Workers' should include all workers as defined in section 2(1) of the Factories Act, 1948. Considering the Statistical use of the data furnished in the return, the figures should relate to workers exclusive of clerical and supervisory staff. The figures in respect of clerical and supervisory staff may be shown separately in these returns, if available.
Workers below 15 years of age should be classified as children. Workers who have completed the 15th year but have not completed the 18th year, if not certified as adults should also be included under children.]
(b) "Working days" exclude all weekly and other scheduled holidays even if some of the workers or some of the departments are required to work either full time or part of the time on such days unless a majority of the workers in the establishment are working on such day.
(c) Total number of man-shifts worked during the month is obtained by adding together the numbers of workers who worked on each shift on each day of the month.
(d) Total number of man-shifts lost during the month on account of absence is obtained by adding together the number of workers absent on each shift on each day during the month. Man-shifts lost by absence due to strike, lock-out or employer ordered lay-off should be excluded.
(e) Total number of man-shifts lost through involuntary unemployment is obtained by adding together the number of workers who inspite of being on rolls, remained unemployed for want of coal or raw-materials, break down of machinery, inadequency of work, etc., on each shift on each working day of the month.
(f) Average daily attendance is obtained by dividing the aggregate number of attendances on all the shifts on all days during the period by the number of working days. Absences in hours need not be considered. Days on which the establishment was closed for whatever cause should not be treated as working day.
(g) Aggregate number of man-hours worked during the period is obtained by adding together the numbers of man-hours worked on all shifts on all working days. The number of man-hours worked on each shift is obtained by adding together the number of hours worked by each worker on that shift.
(h) Please include all cash payments, deductions under the Payment of Wages Act, 1936, and taxes payable and deducted, if any. Employer's contributions to provident funds, pensions, etc., should not be included. The figures should relate to wages, etc., earned during the month.
(i) This should include other cash allowances, bonuses, etc., if any, earned during the month. Annual bonuses, etc., should be excluded even if they are paid during the month.
(j) This should be worked out by taking into consideration the difference between the wholesale prices of the articles such as foodgrains, cloth, fuel, etc., which are supplied free to workers or at concessional prices and the actual prices at which they are supplied. The details under each head may kindly be furnished separately. The value of uniforms supplied to workers while on work and the cost of amenities provided, such as housing, medical aid, etc., should not, however, be included.
Form B
Plantations
[To be submitted to the Statistics Authority within one month after the close of the quarter to which the return relates]
The Industrial Statistics Act, 1942
The Industrial Statistics (Punjab Labour) Rules, 1952
Return for the quarter ending the _______________ 19
| Name of the estate __________ Product | Tea Coffee Rubber Chnchona | (Strike out the term not applicable) |
Postal address _______________ District __________________ State ________________
Part I - Return on Employment and Attendance
| Number of workers on the books on the last working day of the quarter [Vide instruction (a)] | Men | Women | Minors | |
| Garden | ||||
| Labour__________________ | ||||
| Number of working days during the quarter [Vide instruction (b)] | Outside | |||
| Labour__________________ | ||||
| 1st month of the quarter | 2nd month of the quarter | 3rd month of the quarter | |||
| Total number of man-days worked [Vide instruction (c)] during each month of the quarter | Garden Labour | Men Women Minors | |||
| Outside Labour | Men Women Minors | ||||
| Garden Labour | |||||
| Total number of man-days lost to on account of absence [Vide instruction (d)] during each month of the quarter due to | Sickness Accidents Other causes (including statutory and other authorised leave) | ||||
| Outside Labour | |||||
| Sickness Accidents Other causes (including statutory and other authorised leave) | |||||
If there is any marked increase or decrease in employment, attendance, absenteeism, etc. either in the month to month figures or as compared to the previous quarter, please account for it.
(Note :- Casual labour should not be included in the figures of "Total number of man-days lost on account of absence". Figures of "total number of man-days worked" should, however, be shown for each month of the quarter in the columns provided under two separate sub-heads, viz., 'Casual labour' and 'Non-casual labour').
Part II - Return on Hours of Work and Earnings.
[The information given in this return should relate to the last month (English Calendar) of the quarter]
Number of working days in the month _______________
| Total cash earning during the month [vide instruction (f)] | ||||||||
| Average daily attendance during the month [Vide instruction(e)] | Average number of man-hours worked during the month [Vide instruction (i)] | Basic wages | Dearness allowances | Payments for overtime or extra work | Other payments [Vide instruction (g)] | Total | Estimated money value of concessions in kind earned during the month [Vide instruction (h)] | |
| Rs. nP | Rs. nP | Rs. nP | Rs. nP | Rs. nP | ||||
| Garden
Labour
Men Women Minors Outside Labour Men Women Minors |
||||||||
Normal hours of Work : From _______________ To _______________
Rest intervals : From _____________________ To _______________
Please gives reference to statements regarding revisions in basic wages, allowances, etc., sent during the quarter, if any, in accordance with clause (b) of sub-rule (1) of rule 4.
Please furnish details regarding dearness allowances and bonuses and if the dearness allowance is linked with the cost of living index, please indicate how the amount is calculated.
Certified that the information given above is correct.
Signature _______________
Name (in block letter) _______________
Designation (in block letters) _______________
Instructions
(a) "Workers" should include all employees in plantation estates excluding supervisory staff. Workers in plantation factories should be excluded. Workers below eighteen should be excluded. Workers below eighteen should be considered as minors.
(b) "Working days" should exclude all scheduled holidays even if some of the workers are required to work on such days.
(c) Total number of man-days worked during the month is obtained by adding together the number of workers who worked on each working day of the month.
(d) Total number of man-days absent is obtained by adding together the number of workers absent on each working day of the month. Man-days lost by absence due to strike, lock-out, or employer ordered lay-off, should be excluded.
(e) Average daily attendance is obtained by dividing the aggregate total number of attendances on all working days during the month by the number of working days.
(f) Please include all cash payments and authorised deductions made, if any Employer's contributions to the provident fund, pensions, etc., if any, should not be included. The figures should relate to wages, etc., earned during the month.
(g) This should include cash allowances, bonuses, etc., if any, earned during the month. Annual bonuses etc. should be excluded even if they are paid during the month.
(h) This should be worked out by taking into consideration the difference between the wholesale prices of the articles such as foodgrains, cloth, etc., which are supplied to workers free or at concessional prices and the actual prices at which they are supplied. The details under each head may kindly be furnished separately. The value of uniforms supplied to workers while on work and cost of amenities provided, such as housing, medical aid, etc., should not, however, be included.
[(i) Aggregate number of man-hours worked during the period is obtained by adding together the number of man-hours worked on all shifts and on all working days. The number of man-hours worked on each shift is obtained by adding together the number of man-hours worked by each workman on that shift.]
Form
(See rule 15)
Punjab Labour Welfare Board, Chandigarh
(constituted under the Punjab Labour Welfare Fund Act, 1965)
Notice
No. _______________ dated Chandigarh, _________ the ___________ 199.
Whom it may concern
Whereas the Board has received certain amounts of money being unclaimed wages appearing hereinunder for their transfer to the Punjab Labour Welfare Fund;
And whereas, it is expedient to notify these unclaimed accumulations to the persons who may have any claim to these amounts.
Now, therefore, in accordance with the provisions of section 9(3) of the Punjab Labour Welfare Fund Act, 1965, the Board hereby exhibits/publishes the particulars of these amounts and invites applications from the persons having any claim to these amounts duly supported by any proof to their claim being valid and notifies that after the expiry of a period of ___ years/months from the date of this notice, no such claim shall be entertained and the amounts left unclaimed shall be treated as abandoned property and shall stand automatically transferred to the Punjab Welfare Fund.
| Name and particulars of the persons | Name of the Establishment (with address) | Amount | Nature of dues | Period to which pertains |
| 1 | 2 | 3 | 4 | 5 |
| Rs. Ps | ||||
Welfare Commissioner
for and on behalf of the Punjab Labour Welfare Board.