"To understand the notes given below, to watch all the videos on the given notes

Call to "Namma kanunu Academy" (95915 73526, 9972799641)"

“NK Key Notes”

LABOUR LAW-II
Prepared as per the syllabus prescribed by Karnataka
State Law University (KSLU), Hubballi

SYLLABUS
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 1
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
PART-II -
NO. CONTENTS Page
.No
I. Constitutional Dimensions of Industrial Relations and Labour -
Constitution and Labour welfare - The Bonded Labour System -
Abolition Act, 1976-The Equal Remuneration Act, 1976-the Inter- -
State Migration of Workers Act, 1979; the Sexual Harassment of -
Women at Workplace (Prevention, Prohibition and Redressed) Act, -
2013 -

II. Wages, Bonus and Gratuity Concept of Wages Theories of wages and -
Kinds of wages. The Minimum Wages Act, 1948- Definitions -
appropriate government, employer, employee, Scheduled -
employment, etc. Fixation of Minimum rates of wages-Methods -
Regulation of working conditions - Payment of Wages, Working -
Hours, etc. -
Bonus - Context -a claim for share in profits even after payment of
wages according contract of employment? Is it a breach of contract
or an implied term of the contract? concepts of bonus and right to
share in profits - The payment of Bonus Act, 1965-definitions-
provisions relating to payment of bonus judicial interpretations and
constitutionality of the provision relating to Govt's power to exempt.
Gratuity Context reward for long drawn loyal service -employers'
liability or good gesture? Historical developments. The payment of
Gratuity Act, 1972 definitions judicial interpretation and
parliamentary amendment of the definition of employee. payment
of gratuity determination of the amount of gratuity - authorities

III. Protection of Child Labour and contract labourChildlabour practice -

and reasons for child labour competing views on necessity and -
feasibility of abolition of child labour Human rights perspective and -
constitutional provisions for the protection of child the Child Labour -
(Prohibition and Regulation) Act, 1986 definitions provisions relating -
to prohibition of child labour in certain establishments and processes
regulation of conditions of work penalties judicial interpretations.
Amendments made through The Child Labour (Prohibition and
Regulation) Amendment Act, 2016 and Criticisms.Abolition and
regularisation of contract labour, regulation of contract labour under
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 2
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
the Contract Labour (Regulation & Abolition) Act 1970 judicial
decisions relating absorption of sham practice of contract labour
evaluation of the working of the Act in the present days.

IV. Social SecurityThe Employees' Provident Fund (Family Pension Fund -

and Deposit Linked Insurance Fund) Act, 1952-Definitions- -
contribution,employee, employer, factory, fund, etc. Provident Fund
Scheme, Family Pension Scheme, Employees' Deposit Linked
Insurance Scheme Scope, Contributions Benefits Authorities under
the Act-Powers. Latest judicial pronouncements.The Maternity
Benefit Act, 1961- Object and Scope of the Act, Definitions
appropriate government, employer, establishment, factory,
maternity benefit, wages, etc. Benefits under the Act - Inspectors.

V. Protection of unorganized labour Features and scheme of protection -

of workers in unorganized sector under the Unorganized Workers -
Social Security Act, 2008Necessity of protection of unorganized -
labour in shops and establishments by regulating their working -
conditions the Karnataka Shops and Commercial Establishments Act, -
1961application of the Act, Hours of work, annual leave with wages -
and compensation employment of children and women authorities -
and penalties. Globalization, Privatization and Open Economy-Effects
of Globalization on Industry and Labour Constitutional Mandate of
Welfare State and effectiveness of Social Security and Social welfare
legislations in India under new economic policy Review of laws to
meet new challenges Legislative and Judicial response/trend towards
application of Labour laws-Emergence of laws relating SEZs, etc.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 3
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
UNIT III
Syllabus:

 Child Labor
 Practice and reason for child labor
 Competing news on necessity and feasibility of abolition of child labor
 Human rights perspective and constitutional provision for the protection of
child
 The Child Prohibition and Regulation Act 1986
 Definitions
 Provisions relating to Prohibition of Child Labor in certain establishments and
processes
 Regulation of condition of work
 Penalties
 Judicial Interpretation
 Amendments made through The Child Labor(Prohibition and
Regulation)Amendments Act, 2016 and Critism
 Abolition and Regularisation of Contract Labor
 Regulation of contract labor under the Contract Labor(Regulation and
Abolition)Act 1970
 Judicial Decision relating to absorption of sham practice of contract labor
 Evaluation of the work of the Act in the present day.

Previous Year Questions:

1. Elucidate the human rights perspective and constitutional provisions for the
protection of child.(2)
2. Salient features of Contract Labour (Regulation and Abolition) Act, 1970. (6)
3. Explain the provisions relating to regulation of conditions of work of children
under the child Labour (prohibition and Regulation) Act, 1986. (6)
4. Elucidate the objectives of the Contract Labour (regulation and Abolition) Act,
1970. (4)
5. What are the objectives of the Child Labour (Prohibition and Regulation) Act,
1986. (4)

Child Labor
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 4
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
• Practice and reason for child labor

• Competing news on necessity and feasibility of abolition of child labor

Human rights perspective and constitutional provision for the protection of child

• The Child Prohibition and Regulation Act 1986

• Definitions

Elucidate the human rights perspective and constitutional provisions for the
protection of child labour?

Human Rights Perspective:

Human rights are rights we have simply because we exist as human beings they are
not granted by any state. These universal rights are inherent to us all, regardless of
nationality, sex, national or ethnic origin,color,religion,language, or any other
status.

INTRODUCTION:

CHILD LABOUR ACT 1986

 According to 2017 statics India is one of the leading countries in Asia has a
whopping 33 million children employed in various forms of child labour. Let me
explain the major laws enacted to prohibit child labour and their impacts on
society under the following sub heads.
 The census found an increase in the number of child labourers from 11.28
million in 1991 to 12.59 million in 2001. M.V. Foundation in Andhra Pradesh found
nearly 400,000 children, mostly girls between seven and 14 years of age, toiling for
14-16 hours a day in cottonseed production across the country of which 90% are
employed in Andhra Pradesh. 40% of the labour in a precious stone cutting sector
is children.
Legal definition of child, Section 2 (2) of Shops and Establishment act –1948 states
that child is a person who hasn’t completed 15 years of his age.

 Article 45 of the Constitution of India defines child as a person younger than

14 years.
 Mines Act – 1952 says that a child is a person not older than 16 years.
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 5
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
 According to the Suppression of Immoral Traffic in Women and Girls Act 1956, a
child is a person who is not 21 Years old.
 According to the Juvenile Justice (care and Protection of a Child) Act, a child is a
person who has not completed 18 years of age.
INTERNATIONAL INITIATIVES ON CHILD LABOUR

At the international level the ILO sets the pace and standards for the welfare and
safety of the working class.

1. The world summit for children was held at the United Nations headquarters in
New York on September 301h of 1990 (UNICEF, 1990).
2. The UNlCEF is also renders fruitful service for the cause of child welfare,
rehabilitation of child labour prohibition of child labour, popularization of
universal education protection of girl children etc. (Ramnarayana, 1992).
3. UNICEF acknowledges the need to seriously address child labour as a key
component of the organization policy.
CONSTITUTIONAL PROVISIONS REGARDING CHILD LABOUR

Article 15 (3): The State is empowered to make the special provisions relating to
child, which will not be violative of right to equality

Article 21A: (Right to Education) The State shall provide free and compulsory
education to all children of the age of six to fourteen years, in such manner as
the State may, by law, determine.

Article 21A: (Right to Education) The State shall provide free and compulsory
education to all children of the age of six to fourteen years, in such manner as
the State may, by law, determine.

Article 24: (Prohibition of Employment of Children in Factories, etc.) No child below

the age of 14 years shall be employed to work in any factory or mine or engaged
in any other hazardous employment.

Article 45: The State shall endeavor to provide early childhood care and education
for all children until they complete the age of six years.

Article 51A(e): It shall be the duty of every citizen of India, who is a parent or
guardian to provide opportunities for education to his child or ward as the case
may be, between the age of six and fourteen years

Causes Reasons for Child Labour

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 6
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
1. Poverty
2. Debts
3. Professional Needs

There are wide range of laws, which guarantee the substantial extent the rights
and entitlement as provided in the constitution and in the UN convention.

1. The apprentices Act 1861

2. The child labour Act 1986
3. The child marriage restraint act 1929
4. The children (pledging of labour) Act 1929
5. Children Act 1960
6. The guardian and wards Act 1890
7. The Hindu minority and guardianship Act 1956
8. The Hindu Adoption and maintenance Act 1956

***JUDGEMENTS REGARDING CHILD LABOUR***

Unni Krishnan Vs Andhra Pradesh (19931. SCC 645) The Supreme Court in its
judgment held that children up to the age of 14 had a fundamental right to free
education.
Sheela Barse Vs Secretary, Children Aid Society and Others, 1987 The Supreme
Court held, "If there be no proper growth of children of today, the future of the
country will be dark”.

2. Salient features of Contract Labour (Regulation and Abolition)Act 1970?

Introduction:

 The present day and age of extensive globalization has resulted in people and
corporate increasing their pace of production in order to maximize their profits.
This has resulted in careful cost cutting by companies thus promoting contract
labour.
 The Contract Labour (Regulation and Abolition) Act 1970 was enacted as a
Central law aimed at regulating the conditions under which contract labourers
work and also provide for the gradual abolition of the contract labour system as
and when possible.
OBJECTIVES OF THE ACT

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 7
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
The prime objective of the Contract Labour (Regulation and Abolition) Act is to
prevent the exploitation of contract workers and to abolish the system of contract
labour in cases where:

 The work is perennial in nature.

 The work is incidental or is necessary for the functioning of the establishment.
 The work is of such a nature that it can employ a considerable number of
workmen full time.
 The work need not be done by contract workers and can be done by regular
workmen
ARTICLE 19 (1) (G) OF THE CONSTITUTION

 The Act imposes certain duties on the owners of the establishments in the form
of providing for basic amenities and needs of the contract workers.
 This was challenged on several grounds stating that since the workers are only
temporary, expenditure of such an extent on them is redundant and therefore
should not be mandated.
 It was contended that such compulsion amounted to violation of Article 19 (1)
(g).
 However, in the case of Gammon India Ltd and Ors v. Union of India it was held
that it was the duty of the employer to provide the workers with the basic
amenities in order to ensure the health and welfare of the workers.
 Expenditures incurred in the course of this are tax free and are in no way a form
of wastage of money.

Based on the above definitions, the ingredients of contract labour may be inferred
as follows:

 That the person concerned must be a workman;

 That he must be employed in or in connection with the work of an
establishment;
 That the employment may be by or through a contractor; and
 That the employment as such may be with or without the knowledge of the
principal employer.

PRINCIPAL FEATURES OF THE ACT

Contract labourers is defined in the Act as one who is hired in connection with the
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 8
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
work of an establishment by a principal employer through a contractor.

1. APPLICABILITY

This Act extends to the entire Indian State and applies to those establishments and
contractors which employ 20 or more workmen or employed such number of 20 or
more workmen on any day of the preceding 12 months as contract labour.

The constitutional validity of the Act and the Central Rules was challenged before
the Supreme Court in Gammon India Ltd. v. Union of India,wherein it was held
that there is no unreasonableness in the measure. Instructions were issued on
21.03.1974 to all officers of Central Industrial Relations Machinery (CIRM) to
strictly enforce the provisions of the Act.

2. APPROPRIATE GOVERNMENT

The jurisdiction of the Central and State Government has been laid down by the
definition of the ‘Appropriate Government’ in the Act as amended in 1986. With
this amendment, the appropriate government would be the same in respect of an
establishment under the Contract Labour (Regulation and Abolition) Act, 1970 as
also the Industrial Disputes Act, 1947.

3. WORKMAN

Workman means any person employed in connection with the work of any
establishment. The essential condition of a person being a workman is that he
should be employed to do the work in that industry. The Act defines ‘workman’ as
meaning any person employed in or in connection with the work of any
establishment to do any skilled, semiskilled or unskilled manual, supervisory, or
clerical work for hire or reward, whether the terms of employment are express or
implied.

4. CONTRACTOR

The Act defines Contractor as a person who undertakes to produce a given result
for the establishment, other than a mere supply of goods or articles of
manufacture to such establishment, through contract labour or who supplies
contract labour for any work of the establishment. In other words, Contractor is
the person supplying contract labour to an establishment undertaking to produce a
given result for it. It is noteworthy that sub-Contractors or ‘piece wagers’ also
qualify as Contractors who need to apply for the registration of the establishment
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 9
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
and license.

Provisions relating to Prohibition of Child Labor in certain establishments and

processes

• Regulation of condition of work

• Penalties

• Judicial Interpretation

RK Panda v. Steel Authority of India where the same issue was brought before the

Supreme Court of India, it was held that the primary objective of the Act was to
protect contract workers from exploitation.

Gammon India Ltd and Ors v. Union of India it was held that it was the duty of the

employer to provide the workers with the basic amenities in order to ensure the
health and welfare of the workers.

3. Explain the provisions relating to regulation of condition of work under the Child
Labour (Prohibition and Regulation)Act, 1986?

REGULATION OF CONDITIONS OF WORK OF CHILDREN

Sec 6. Application of Part

The provisions of this Part shall apply to an establishment or a class of

establishments in which none of the occupations or processes referred to in
Section 3 is carried on.

Sec 7. Hours and period of work

(1) No child shall be required or permitted to work in any establishment in excess

of such number of hours as may be prescribed for such establishment or class
of establishments.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 10
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
(2) The period of work on each day shall be so fixed that no period shall exceed
three hours and that no child shall work for more than three hours before he
has had an interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that inclusive of his interval
for rest, under subsection (2), it shall not be spread over more than six hours,
including the time spent in waiting for work on any day.
(4) No child shall be permitted or required to work between 7 p.m. and 8a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in any establishment on any
day on which he has already been working in another establishment.

Sec 8. Weekly holidays

Every child employed in an establishment shall be allowed in each week, a holiday

of one whole day, which day shall be specified by the occupier in a notice
permanently exhibited in a conspicuous place in the establishment and the day so
specified shall not be altered by the occupier more than once in three months.

Sec 9. Notice to Inspector.

(1) Every occupier in relation to an establishment in which a child was employed or

permitted to work immediately before the date of commencement of this Act in
relation to such establishment shall, within a period of thirty days from such
commencement, send to the Inspector within whose local limits the establishment
is situated, a written notice containing the following particulars, namely:

a) the name and situation of the establishment ;

b) the name of the person in actual management of the establishment
c) the address to which communications relating to the establishment should be
sent ; and
d) the nature of the occupation or process carried on in the establishment.
Sec 10. Disputes as to age

If any question arises between an Inspector and an occupier as to the age of any child
who is employed or is permitted to work by him in an establishment, the question
shall, in the absence of a certificate as to the age of such child granted by the
prescribed medical authority, be referred by the Inspector for decision to the
prescribed medical authority.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 11
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Sec 11. Maintenance of register

There shall be maintained by every occupier in respect of children employed or

permitted to work in any establishment, a register to be available for inspection by
an Inspector at all times during working hours or when work is being carried on in
any such establishment, showing:

 the name and date of birth of every child so employed or permitted to work ;
 hours and periods of work of any such child and the intervals of rest to which he
is entitled ;
 the nature of work of any such child ; andsuch other particulars as may be
prescribed.
Sec 13. Health and safety

1. The appropriate Government may, by notification in the Official Gazette, make

rules for the health and safety of the children employed or permitted to work in
any establishment or class of establishments.
2. Without prejudice to the generality of the foregoing provisions, the said rules
may provide for all or any of the following matters, namely :
 cleanliness in the place of work and its freedom from nuisance ;
 disposal of wastes and effluents ;
 ventilation and temperature ;
 dust and fume ;
 artificial humidification ;
 lighting ;
 drinking water ;
 latrine and urinals ;
 spittoons ;
 fencing of machinery ;
 work at or near machinery in motion ;
 employment of children on dangerous machines ;
 instructions, training and supervision in relation to employment and many
more.

Sec 14. Penalties

(1) Whoever employs any child or permits any child to work in contravention of the
provisions of
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 12
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Section 3shall be punishable with imprisonment for a term which shall not be less
than three months but which may extend to one year or with fine which shall not
be less than ten thousand rupees but which may extend to twenty thousand
rupees or with both.

Sec 15. Modified application of certain laws in relation to penalties

(1)Where any person is found guilty and convicted of contravention of any of the
provisions mentioned in sub-section (2), he shall be liable to penalties as
provided in sub-sections (1) and (2) of Section 14 of this Act and not under the
Acts in which those provisions are contained.

(2) The provisions referred to in sub-section (1) are the provisions mentioned
below:

 Section 67 of the Factories Act, 1948 (63 of 1948) ;

 Section 40 of the Mines Act, 1952 (35 of 1952) ;
 Section 109 of the Merchant Shipping Act, 1958 (44 of 1958) ; and
 Section 21 of the Motor Transport Workers Act, 1961 (27 of 1961)

Sec 16. Procedure relating to offences

(1) Any person, police officer or Inspector may file a complaint of the
commission of an offence under this Act in any court of competent
jurisdiction.
(2) Every certificate as to the age of a child which has been granted by a
prescribed medical authority shall, for the purposes of this Act, be
conclusive evidence as to the age of the child to whom it relates.
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the
first class shall try any offence under this Act.

Sec 17. Appointment of inspector

The appropriate Government may appoint Inspectors for the purposes of securing
compliance with the provisions of this Act and any Inspector so appointed shall be
deemed to be a public servant within the meaning of the Indian Penal Code (45 of
1860).
Sec 20. Certain other provisions of law not barred

Subject to the provisions contained in Section 15, the provisions of this Act and the
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 13
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
rules made thereunder shall be in addition to, and not in derogation of, the
provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951
(69 of 1951) and the Mines Act, 1952 (35 of 1952).

Sec 22. Repeal and savings

(1) The Employment of Children Act, 1938 (26 of 1938), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported
to have been done or taken under the Act so repealed shall, in so far as it is
not inconsistent with the provisions of this Act, be deemed to have been done
or taken under the corresponding provisions of this Act.
M.C. Mehta v. State of Tamil Nadu

In the landmark case of M.C. Mehta v. State of Tamil Nadu, the Supreme Court of
India gave directions to the government to eliminate child labor. The court
ordered the conducting of surveys to identify working children, the
withdrawal of children from hazardous industries.

Amendments made through The Child Labor(Prohibition and Regulation)Amendments

Act, 2016 and Critism

• Abolition and Regularisation of Contract Labor

4. What are the objectives of the Child Labour(Prohibition and Regulation) Act
1986?

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAINOCCUPATIONS AND

PROCESSES

Sec 3. Prohibition of employment of children in certain occupations and Processes

 No child shall be employed or permitted to work in any of the occupations set

forth in Part A of the
 Schedule or in any workshop wherein any of the processes set forth in Part B of
the Schedule is carried on :
 Provided that nothing in this section shall apply to any workshop wherein any
process is carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from, Government.
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 14
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Sec 4. Power to amend the Schedule

The Central Government, after giving by notification in the Official Gazette, not less
than three months' notice of its intention so to do, may, by like notification, add
any occupation or process to the Schedule and thereupon the Schedule shall be
deemed to have been amended accordingly.

Sec 5. Child Labour Technical Advisory Committee

(1) The Central Government may, by notification in the Official Gazette,

constitute an advisory committee to be called the Child Labour Technical
Advisory Committee (hereafter in this section referred to as the Committee)
to advise the Central Government for the purpose of addition of occupations
and processes to the Schedule.
(2) The Committee shall consist of a Chairman and such other members not
exceeding ten, as may be appointed by the Central Government.
(3) The Committee shall meet as often as it may consider necessary and shall
have power to regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do, constitute one or more
sub-committees and may appoint to any such sub-committee, whether
generally or for the consideration of any particular matter, any person who is
not a member of the Committee.
Landmark Judgements

Workmen of M/S Firestone TyreAnd Rubber Co. Of India V. Management AIR,

Steel Authority Of India Ltd V. National Union Water Front Workers AIR 2001
Hindustan Aeronautics Ltd. V Workmen AIR 1975 SC 1737.

Bangalore Water Supply and Sewerage Board V.A Rajappa AIR 1978 SC 548. …

-------END OF THE UNIT III-------

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 15
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
UNIT-IV
SYLLBUS:

 The Employees Provident Act 1952.

 Definition, contribution, employee, employer, factory, fund, etc.,
 Provident fund Scheme, Family Pension Scheme, Employees Deposit Linked
Insurance Scheme and Scope Contribution.
 Benefits, Authorities under the Act.
 Powers, Latest Judicial pronouncements.

Previous Year Questions:

1. Explain the provisions relating to mode of recovery of money due from employer
under The Employees' provident Funds and Miscellaneous Provisions Act, 1952.
(5)
2. Objectives of the Maternity Benefit Act, 1961 and its application. (4)
3. Discuss the salient features of the various schemes formulated under the
Employees Provident Fund Act, 1952. (4)

Q1.Explain the provisions relating to mode of recovery of money due from

employer under The Employees' provident Funds and Miscellaneous Provisions
Act, 1952?

Introduction:

The Employees’ Provident Fund Organization is a statutory body under the

Ministry of Labour, Government of India, New Delhi. It administers Social

Security Schemes framed under the Employees’ Provident Funds Miscellaneous

Provisions Act, 1952, namely Provident Fund, Pension and Insurance to industrial
employees. These benefits are extended to establishments which employ 20 or
more persons.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 16
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
FEATURES OF PROVIDENT FUND Act

1. Provident Fund is a Social Security Benefit to employees.

2. It is a compulsory saving by an employee during his employment.
3. It is meant for old age.
4. This is required to be availed on retirement/cessation from service.
5. An employee who contributes to Provident Fund is also eligible to receive a
matching contribution from his employer.

BENEFITS UNDER EMPLOYEES’ PROVIDENT FUNDS SCHEME,1952.

1. Every employee is required to pay Contribution to the provident fund @

12%/10% of the Basic Wages, Dearness Allowance and cash value of food
concession.
2. The Employer will also pay an equal amount of contribution.
3. While contributing to Employees’ Provident Funds, the member is eligible for
deductions u/s 80C of the Income Tax Act’ 1961
4. The Provident Fund accumulations of the member will earn compound interest,
calculated on monthly running balances.

BENEFITS OF PENSION SCHEME

- Pension is a boon for the working class. It is no more the prerogative of

Government employees only.
- An Employee is eligible for Pension after a minimum of 10years ofpensionable
service.
- The Pension is payable on attaining the age of 58 years, whether he is in service
or superannuated.
- Early Pension at reduced rate can be availed on leaving the employment, after
attaining the age of 50 years.

Pensionable Salary x Pensionable Service 70

An employee on his superannuation is entitled for Pension (through the above

formula) up to 60% of the pensionable salary. (Pensionable Salary would mean, the
salary drawn by the employee for a period of 12 months prior to the date of
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 17
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
superannuation).

Benefits under Employees’ Deposit Linked Insurance Scheme, 1976

- A member of Provident Fund is also a member of Employees Deposit Linked

Insurance Scheme.
- In case of death of an employee, while in service, insurance benefit upto
Rs.6.00,000/- is payable to the Nominee / family members.
- No contribution is required to be paid by the employee for the insurance
benefit. The employer alone is required to pay the contribution.

DEFAULT IN PAYMENT OF DUES BY EMPLOYER &CONSEQUENCES:

 Penal Damages upto 25 % per annum and interest at the rate of

 12 % payable on defaulted deposits.
 Attachment of Bank Accounts.
 Realization of dues from Debtors.
 Attachment of movable and immovable properties.
 Arrest and Detention.
 Action under Section 406 / 409 of Indian Penal Code.
 Action under Section 110 Criminal Procedure Code.
 Prosecution under Section 14 of the EPF & MP Act 1952.

Q2. Objectives of the Maternity Benefit Act, 1961 and its application?

INTRODUCTION:

Maternity Benefits Act 1961, Act Under The Maternity Benefits Act,1961The
Maternity Benefit Act, aims to regulate of employment of women employees in
certain establishments for certain periods before and after child birth and provides
for maternity and certain other benefits.

HISTORY OF THE MATERNITY ACT 1961

It is interesting to know that the first Maternity Benefits Act was passed in 1929 by
the Bombay Government and as result of the recommendation of the Royal
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 18
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Commission on Labour in INDIA (1931) the Maternity Benefit Act were passed in
other states like Madras (1934), Uttar Pradesh (1938), West Bengal (1939), Assam
(1944).

MATERNITY BENEFIT AND THE INDIAN CONSTITUTION

These rights and privileges are: right to equality in law (Article 14 of the
Constitution of India), right to social equality (Id., Article 15.), right to social
equality in employment (Id., Article 16.), right to protective discriminations (Id.,
Article 15 (3).) ,right against exploitations of women (Id., Article 23.), right to
adequate means of livelihood (Id., Article 39 (a).), right to equal pay for equal work
(Id., Article 39 (d).), right that the health and strength of workers both men and
women are not abused(Id., Article 39 (e).), right to just and humane conditions of
work and maternity relief (Id., Article 42.), and right to improvement in
employment opportunities and conditions of the working women (Id., Article 46.).
Article 42, a directive principle of State Policy, states that “The State shall make
provision for securing just and humane conditions of work and for maternity
relief.”

MATERNITY BENEFIT

Every woman shall be entitled to, and her employer shall be liable for, the payment
of maternity benefit, which is the amount payable to her at the rate of the average
daily wage for the period of her actual absence.

Period For Which Benefit Allowed

The maximum period for which any woman shall be entitled to maternity benefit
shall be 12 weeksin all whether taken before or after childbirth. However she
cannot take more than six weeks before her expected delivery.

Prior to the amendment of 1989, a woman employee could not avail of the six weeks’
leave preceding the date of her delivery; she was entitled to only six weeks leave
following the day of her delivery.

LEAVE FOR MISCARRIAGE AND ILLNESS

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 19
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
In case of miscarriage or medical termination of pregnancy, a woman shall, on
production of the prescribed proof, be entitled to leave with wages at the rate of
maternity benefit, for a period of 6 weeks immediately following the day of her
miscarriage or medical termination of pregnancy.

LEAVE FOR TUBECTOMY OPERATION

In case of tubectomy operation, a woman shall, on production of prescribed proof, be

entitled to leave with wages at the rate of maternity benefit for a period of (2)two
weeks immediately following the day of operation.

LEAVE FOR ILLNESS

Leave for a maximum period of one month with wages at the rate of maternity benefit
are allowable in case of illness arising out of pregnancy, delivery, premature birth
of child, miscarriage or medical termination of pregnancy or tubectomy operation.

MEDICAL BONUS

Every woman entitled to maternity benefit shall also be allowed a medical bonus of
Rs.250, if no pre-natal confinement and post-natal care is provided for by the
employer free of charge.

Q3.Explain the benefits available to women under Maternity Benefit Act, 1961.

INTRODUCTION:

The Act was passed with a view to reduce disparities under the existing Maternity
Benefit Acts and to bring uniformity with regard to rates, qualifying conditions and
duration of maternity benefits. The Act repealed the Mines Maternity Benefit Act,
1941, the Bombay Maternity Benefit Act, 1929, the provisions of maternity
protection under thePlantations Labour Act, 1951 and all other provincial
enactments covering the same field.
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 20
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"

OBJECT AND SCOPE

The Act seeks to regulate the employment of women in certain establishments for
certain periods before and after childbirth and to provide maternity benefit and
certain other benefits to women workers.

The State Government is empowered to extend all or any of the provisions of the Act
to any other establishment or class of establishments, industrial, commercial,
agricultural or otherwise with the approval of the Central Government by giving
not less than two months’ notice of its intention of so doing.

ELIGIBILITY FOR CLAIM.

Eligibility An insured women shall be qualified to claim maternity benefit for a

confinement occurring or expected to occur in a benefit period, if the contributions
in respect of her were payable for not less than half the number of corresponding
contribution period.

DURATION OF QUANTAM OF BENEFIT

The Duration and Quantum of Benefit the duration of maternity benefit available to
an insured woman in case of confinement is 12 weeks of which not more than 6
shall precede the expected date of confinement.

Food corporation of India Workers union vs. Shri G.R. Majhi and
Ors.,MANu/DE/9806/2006

The maternity leave and other maternity benefits are available to all employees of the
establishment in terms of the provisions of the Maternity Benefit Act 1961. The
certified standing orders do not over rule the provisions of the Maternity Benefit
Act 1961. The certified standing orders are in respect of leave other than maternity
leave since maternity leave is covered by Maternity Benefit Act 1961.
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 21
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Sec 5.Right to payment of maternity benefit.–(1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment
of maternity benefit at the rate of the average daily wage for the period of her
actual absence immediately preceding and including the day of her delivery and for
the six weeks immediately following that day.

Sec 8.Payment of medical bonus. –

Every woman entitled to maternity benefit under this Act shall also be entitled to
receive from her employer a medical bonus of twenty-five rupees, if no pre-natal
confinement and post-natal care is provided for by the employer free of charge.

Sec 9. Leave for miscarriage.

In case of miscarriage, a woman shall, on production of such proof as may be

prescribed, be entitled to leave with wages at the rate of maternity benefit for a
period of six weeks immediately following the day of her miscarriage.

Sec 11. Nursing breaks.

Every woman delivered of a child who returns to duty after such delivery shall, in
addition to the interval for rest allowed to her, be allowed in the course of her
daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.

Sec 18.Forfeiture of maternity benefit.

If a woman works in any establishment after she has been permitted by her employer
to absent herself under the provisions of section 6 for any period during such
authorized absence, he shall forfeit her claim to thematernity benefit for such
period.

Sec 19. Abstracts of Act and rules thereunder to be exhibited. –An abstract of the
provisions of this Act and the rules made thereunder in the language or languages
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 22
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
of the locality shall be exhibited I a conspicuous place by the employer in every
part of the establishment in which women are employed.

-------END OF THE UNIT IV-------

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 23
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
UNIT –V
Syllabus:
Protection of unorganized labour Features and scheme of protection of workers in
unorganized sector under the Unorganized Workers Social Security Act,
2008Necessity of protection of unorganized labour in shops and establishments by
regulating their working conditions the Karnataka Shops and Commercial
Establishments Act, 1961 application of the Act, Hours of work, annual leave with
wages and compensation employment of children and women authorities and
penalties. Globalization, Privatization and Open Economy-Effects of Globalization
on Industry and Labour; Constitutional Mandate of Welfare State and effectiveness
of Social Security and Social welfare legislations in India under new economic
policy, Review of laws to meet new challenges, Legislative and Judicial
response/trend towards application of Labour laws-Emergence of laws relating
SEZs, etc.

Previous Year Questions:

1. Discuss the "Social welfare legislations in India under new economic policy"
Discuss. (4)
2. Write about the Composition of National Social Security Board for unorganized
workers under the Unorganized Workers Social Security Act, 2008. (4)
3. Effects of Globalization on Indian industry. (3)
4. Explain provisions relating to regulation of working conditions under Karnataka
shops and commercial Establishments Act, 1961. (6)
5. Explain the registration procedure and authorities under the Karnataka shops
and commercial establishment act, 1961. (11)

Q1.Discuss the "Social welfare legislations in India under new economic policy"
Discuss. (4)
Introduction:
At all times and in every society, at every stage of development, there have been sick
people requiring medical aid and care, handicapped and old people unable to work
for a living.
“There are five giants on the road of reconstruction”. These are want, disease,
ignorance, squalor and idleness”.

Definition:
The term “social security” is a dynamic concept and hence there is no commonly
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 24
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
accepted definition. According to Weber and Cohen, “Social Security is a controversial
and dynamic subject with various facets – philosophical, theoretical, humanitarian,
financial, administrative, social, economic, political, statistical, actuarial, medical
and legal”.

Social Security of Unorganised Worker in India

“Unorganised Worker” Defined – According to 1st National Commission on Labour;
unorganisedlabour are those who have not been able to organise themselves in
pursuit of common objectives on account of constraints like casual nature of
employment, ignorance and illiteracy, small and scattered size of establishments
and position of power enjoyed by employers because of the nature of industry.

Extent – In India, 93% - around 400 million – work in the unorganized sector. The
number of unorganised workers was about 279 million in 1983, which increased to
about 359 million by 2005- 2006 compared to organised workforce of 24 million in
1983, which increased only to about 26.5 million during the same period. One of
the reason laid down by Ravi Srivastava (NCEUS member) for the growth of
unorganised worker is that the “large firms (are) reducing risks and wage costs by
outsourcing to the informal sector, and the organised sector (is) not creating
enough jobs,”

Legislative Protections –
India has enacted several social security legislations. The law which could facilitate the
cause of the unorganised sector may be divided under the general and special
class. The former enactments cover both the organised and unorganised and the
latter covers the special laws applicable for certain class of the unorganised
workers.

General Legislations –
Although prima facie it does not cover the unorganised sector, but these laws should
be considered; as the unorganised workers comes within their purview on the basis
of the enacted provisions, supported by judicial interpretation.

1. Workmen’s Compensation Act, 1923

To provide compensation for workmen in cases of industrial accidents/occupational
diseases resulting in disablement or death.Persons employed in factories, mines,
plantations, railways and other establishments
mentioned in Schedule II of the Act.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 25
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
2. Employees State Insurance Act, 1948 (Hereinafter ESI)
To provide for health care and cash benefits in the case of sickness, maternity and
employment injury.
 Factories/establishments to which the law is made applicable by the Govt.
 Employees drawing pay not exceeding Rs. 5000 per month.
 Benefits to sickness, maternity, disability dependents, and death

3. Employees’ Provident Fund & Miscellaneous Provisions Act, 1952

To provide compulsory provident fund, pension, deposit- linked insurance.
 Factories /Establishments employing 20 or more employees (in Scheduled
industries); other establishments notified by the central Govt.
 There is no wage limit for coverage provided the workman is not covered by the
ESI Act.
 Provident fund, pension, and refundable withdrawals.

4. Maternity Benefit Act, 1961

To provide for maternity protection before and after child birth.
 Factories, mines, plantations, commercial and other establishments to which the
law is extended.
 There is no wage limit for coverage provided the woman is not covered by the
ESI Act.
 Payment for actual absence upto 12 weeks on average daily wages, minimum
wage or Rs. 10.

5. Payment of Gratuity Act, 1972

To provide for payment of gratuity on ceasing to hold office.
Factories, mines, oil- fields, plantations, railway companies, shops and
establishments also to other establishments to which the law is extended.
Five years continuous service is required for entitlement of gratuity.15 days wages
for every completed year of service or part thereof in excess of 6 month subject to
maximum of Rs. 3,50,000. The seasonal employees are entitled to gratuity at a rate
of 7 days wages for each season.

Q2. Write about the Composition of National Social Security Board for
unorganized workers under the Unorganized Workers Social Security Act, 2008.
(4)

NATIONAL SOCIAL SECURITY BOARD FOR UNORGANISED WORKERS

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 26
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Sec 5.National Social Security Board
The National Social Security Board is a crucial body in India responsible for
coordinating and monitoring the implementation of social security schemes. The
Board is composed of several members, each with a distinct role and
representation. Let's delve into the composition of this important board.

The National Board comprises the following members:

o The Union Minister for Labour and Employment serves as the Chairperson of
the board in an ex-officio capacity.
o The Director-General (Labour Welfare) also holds a position on the board as
the Member-Secretary, ex officio.
o The Central Government nominates 34 members, who represent various
sectors and groups. These include:
o Seven members representing workers in the unorganised sector.
o Seven members representing employers in the unorganised sector.
o Seven members who are eminent personalities from civil society.
o Three members from the Parliament, two from the Lok Sabha and one
from the Rajya Sabha.
o Five members representing various Central Government Ministries
and Departments.
o Five members representing different State Governments.

Q3. Effects of Globalization on Indian industry. (3)

CONCEPT OF GLOBALISATION
Globalisation essentially means integration of the national economy with the world
economy. It implies a free flow of information, ideas, technology, goods and
services, capital and even people across different countries and societies. It
increases connectivity between different markets in the form of trade, investments
and cultural exchanges.

Effects of Globalisation on Industry and Labour

The Government of India announced a New Economic Policy on July 24, 1991. After
liberalization, India became the second world of development and became the 7th
largest economies. It contributed 1.3 trillion in the world’s GDP. Dr. Manmohan
Singh, the former finance minister, opened the way for a free economy in the
country which led to the significant development of the country.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 27
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
The noteworthy impacts of the policy on industry and labour are as follows:
 Organized workforce
Organized workforce is decreasing. Number of operations given to sub-
contractors have increased and that also in the unorganised sector.
 Trade unions
 Trade unions are on a decline. Thus is a worldwide phenomenon. It is
generally agreed that the trade unions movement has fallen on hard tunes.
 Wages and employment
 The increase in international competition and rapid changes in the
technology has led to a fall in real wages of unskilled workers and increased
inequalities in the developed countries.
 Indian Scenario
• Globalisation has also affected the Indian industry. In order to remain
competitive, managements have introduced flexibility by restructuring
companies.
• Thus globalisation and liberalisation have created an enabling environment for
cutting down regular, salaried jobs in organised sector through VRS, contractual
employment, sub- contracting, outsourcing, feminisation, etc. and weakening
trade unions. Links between the trade unions and political party is weakening
which is reducing their economic strength and political influence.
• In order to remain competitive in the present phase of globalisation it has
become imperative to restructure the economies. The capacity of governments
to regulate labour markets is weakening in the face of heightened international
economic competition. Informal sector is on rise. Trade unions have been
adversely affected. Bargaining position of workers is decreasing. What is
• required is a holistic and long-term framework to cope with the challenges
posed by globalisation.

Q4. Explain provisions relating to regulation of working conditions under

Karnataka shops and commercial Establishments Act, 1961. (6)

INTRODUCTION:
In the Year 1961 the Government of Karnataka had brought in the Shops and
Establishment act, to provide for the regulations guiding the conditions of work
and employment in shops & Commercial Establishment in Karnataka. This act came
in to force from 1st March 1962.

Definition of Shop:
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 28
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
As per the Act, "Shop means any premises where any trade or business is carried on or
where services are rendered to customers and includes offices, storerooms
godowns, warehouses, whether in the same premises or otherwise, used in such
connection whit such trade or business, but does not include a commercial
establishment or a shop attached to a factory where the persons employed in the
shop fall within the scope of the Factories Act, 1948."

Definition of Commercial Establishment :

"Commercial establishment means a commercial or trading or banking or insurance
establishment, an establishment or administrative service in which persons
employed are mainly engaged in office work, a hotel, restaurant, boarding or
eating house, a cafe or any other refreshment house, a theatre or any other place
of public amusement or entertainment and includes such establishments as the
State government may by notification declare to be a commercial establishment.

Working Hours as per Karnataka Shop & establishment act.

Any Organisation shall not carry out business before and after the below given hours ,
If the work place is Bangalore city – Morning before 6 am. & night after 9 P.M. and
other places in Karnataka before 8 a. m. in the morning and after 8 p.m. in the
night. The maximum limit for continuous work is 5hrs after which there should be a
break which is mandatory.

Employment of Child & Women:

Employing child under the age of 14 years is prohibited. Further Women employees
and young person between the age of 14-18 years should not be allowed or
required to work after 8 p.m. at night. If any IT/BT company wants to allow women
to work beyond 8 p.m. deadline, it has to obtain permission from authorities by
giving required information in form R to the authorities.

Weekly Holiday under the act:

 Every establishment in Karnataka shall mandatorily remain closed on one day in
a week.
 It is the duty of the employer to fix such a day in the starting of the year and
notify to the registering authority and display on notice board at the premises
of the establishment.
 But if the organization has sufficient additional workers it can remain open
whole week by fixing different days as holiday for different workers.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 29
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
 In such a case a report to the effect will have to be submitted to the deputy
labour commissioner.

Other Employee related Regulations:

 Employer should issue appointment order in Form 'P' to every person being
employed in connection with the organization and keep the attendance in form
'T' Register.
 Salary shall be paid before the 7th of every month for the previous month.
 At the end of every year, for continuing employees earned leave should be
credited. This earned leave is calculated at 1 day for 20 days worked during the
year. And sick leaves at the rate of 1 day for every 30 days shall be calculated
and credited in addition to earned leaves. Form 'F'shouldbe used to maintain the
leave records.
 To terminate an employee who has completed 180 days, issuing prior notice is
mandatory.

Q5.Explain the registration procedure and authorities under the Karnataka shops
and commercial establishment act, 1961. (11)
REGISTRATION OF ESTABLISHMENTS
Sec 4.Registration of Establishments.—
(1) Within the period specified in sub-section (3), the employer of every
establishment shall send to the Inspector of the area concerned, a statement in the
prescribed form together with such fees as may be prescribed, containing,—
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment; and
(d) such other particulars as may be prescribed.

(2) On receipt of the statement and the fees, the Inspector shall, on being satisfied
about the correctness of the statement, register the establishment in the register
of establishments in such manner as may be prescribed, and shall issue, in a
prescribed form, a registrationcertificate to the employer. The registration
certificate shall be prominently displayed at the
establishment.
(3) Within thirty days from the date mentioned in column (2) below in respect of
an establishment mentioned in column (1), the statement together with fees shall
be sent to the Inspector under sub-section (1). Establishments. Date from which
the period of thirty days to commence. (1) (2)
For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 30
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
(i) Establishment existing on the date on which this Act comes into force.
(ii) New establishments.
(ii) The date on which the establishment commences its work. 1[(3A) In case the
Inspector is not satisfied about the correctness of the statement together with fees
under sub-section (3) shall within thirty days from the date of receipt of the same
communicate to the employer his decision for refusing to register the
establishment with the reasons therefor, failing which the establishment shall be
deemed to have been registered.
(4) A registration certificate issued under sub-section (2), shall be valid for five
years and shall be renewed before the expiry of the period of registration
certificate on payment of such fees and in such manner as may be prescribed.

(5) The registration certificate issued or renewed before the commencement of the
Karnataka Shops and Commercial Establishments (Amendment) Act, 1997 shall, on
such commencement, continue to be valid till the expiry of the period of
registration certificate already granted and the employer of every such
establishment shall renew his registration certificate before the expiry of such
period in accordance with sub-section (4)

(6) In case the certificate of registration or renewal of registration is not received

by any employer within the period specified in sub-section (3A) or (6), the
employer shall display a self-certification statement sent by Registered Post with
Acknowledgement Due to the Registering Authority for registration or renewal, as
the case may be, along with the acknowledgement to that effect stating that he
has got the deemed benefit.

(7)If any employer has falsely claimed the benefit of deemed registration and has
displayed such self certificate under sub-section (7), he shall on conviction be
punished with an imprisonment of not less than six months and with a fine which
may extend to five thousand rupees.

Sec 5. Change to be communicated to Inspector.—

It shall be the duty of an employer to notify to the Inspector, in the prescribed
form, any change in respect of any information contained in his statement under
section sec 4, within fifteen days after the change has taken place.

Sec 6.Closing of establishment to be communicated to Inspector.—

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 31
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
The employer shall, within fifteen days of his closing the establishment, notify to
the Inspector in writing the date of such closure and return the registration
certificate.

Sec 6A. Issue of appointment orders.—

Every employer, employing any person in or in connection with his establishment,
shall issue an appointment order in writing indicating the name, designation, wage
scale of such person and terms and conditions of his employment and serve the
same on such person within thirty days from the date of appointment in his
establishment

Sec 7. Daily and weekly hours.—

(1) No employee in any establishment shall be required or allowed to work for
more than nine hours on any day and forty-eight hours in any week: Provided that
the total number of hours of work including overtime shall not exceed ten hours in
any day except on days of stock-taking and preparation of accounts: Provided
further that the total number of overtime hours worked by an employee does not
exceed fifty in a period of three continuous months.
(2) No young person shall be allowed to work in any establishment for more than
five hours in a day.

Sec 9. Interval for rest.—

The periods of work of an employee in an establishment each day shall be so fixed
that no period shall exceed five hours and that no such person shall work for more
than five hours before he has had an interval of rest of at least one hour.

Sec 10.Spreadover.—
The periods of work of an employee in an establishment shall be so fixed that,
inclusive of his interval for rest, they shall not spreadover more than twelve hours
in any day.

Constitutional Mandate of Welfare State and effectiveness of Social Security unde

labour law :

The Constitution of India's Article 43 mandates the state to provide social security
to citizens through legislation, economic organizations, or other means. This
includes: A living wage, Decent working conditions, Time for leisure, and Social and
cultural opportunities.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 32
 "To understand the notes given below, to watch all the videos on the given notes
Call to "Namma kanunu Academy" (95915 73526, 9972799641)"
Other constitutional provisions related to labor welfare include:

 Article 38: The state should promote the welfare of the people and minimize
income inequalities

 Article 41: The state should create a "right to work"

 Article 42: The state should provide for just working conditions and maternity relief

 Article 43A: The state should legislate to ensure workers participate in the
management of undertakings

Social Welfare Legislation in India under the New Economic Policy (NEP) (1991)
The New Economic Policy (NEP) implemented in 1991 marked a significant shift in
India's economic direction, moving from a centralized, planned economy to a more
market-driven one. This had both positive and negative implications for social
welfare legislation:
The impact of the NEP on social welfare legislation in India is complex and
multifaceted. While it led to some positive developments like targeted programs
and economic growth contributing to poverty reduction, it also raised concerns
about reduced government spending, rising inequality, and the marketization of
social services. Evaluating its impact requires careful consideration of both positive
and negative consequences.

For more information Please visit “Nammakanunu” youtube channel &whatsapp text to 95915 73526, 9972799641
Page 33