personal law-final
TRANSCRIPT
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PERSONAL LAW
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GROUP INTRODUCTION
Roll. No. Name Topic Name
2ShashankAmburle
EPF Act/purpose and itscomposition
6 Praful Dhamankar PF working and its administration(challan preparation)
8 Rupesh DolasEmployment Exchange Act in nutshell
10 Nitin GhodkeEmployment of Children Act innut shell
25 Sagar Narkar Job Evaluation and its process
27 Ashish RukeShops and Establishment in a nutshell
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EMPLOYEE PROVIDENT
FUND ACTPURPOSE AND ITS COMPOSITION
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THE EMPLOYEES PROVIDENT FUNDS, 1952
It is compulsory contributory fund for the future of an employee after
retirement or for his dependents in case of his early death.
Act is applicable to all states ofIndia except Jammu and Kashmir
Enacted to provide a kind of social security to the industrial
employers.
The Act provides for payment of terminal benefits in various
contingencies like
1. Retrenchment
2. Closure
3. Retirement on reaching the age of superannuation,
4.Voluntary retirement and retirement
5. Family Pension
6. Deposit Linked Insurance
INTRODUCTION
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HISTORY OF THE ACT
The Employees Provident Funds Ordinance, 1951 waspromulgated by the President ofIndia under the constitution inNovember, 1951. A scheme under the Act was framed by theCentral Government in September1951.
In exercise of the powers conferred by Section 6-A of theEmployees Provident Fund Act,1952 , the Central Government hasmaid Employees Family Pension Scheme in 1972. It may befurther observed that in exercise of powers conferred by Section6-C of the Employees Provident Fund Act, 1952, the Central
Government has made Employees Deposit linked InsuranceScheme in 1976.
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ELIGIBILITY
Every industry employing 10 or more persons (180 industries arespecified in Schedule 1 of the Act).
Every industry employing 10 or more persons which the CentralGovt. may notify .
Any other establishment notified by the Central Government evenif employing less than 10 persons.
Every employee employed directly / through a contractor who is inreceipt of wages are eligible to become a member of the fund.
Irrespective of permanent / probationary employees, all employeesare eligible for joining the PF scheme from the date of joining theservice.
A member can contribute voluntarily more than statutorily
prescribed rate (up to 100% of basic salary) which will betransferred to his PF A/c .
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PURPOSEOFEPF
The Employees Provident Fund Act, 1952 was brought on thestatute book for providing for the institution of provident fund forthe workmen in factories and other industrial establishments.
The basic purpose of the Act was to provide provident funds and tomake provision for future of the workmen after his retirement or
his dependents in case of his early death. In order to achieve this ultimate object the Act is designed to
cultivate among the workers a spirit of saving something regularlyand also to encourage stabilization of a steady labour force in theindustrial centers.
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PROVIDENT FUNDWORKING & ADMINISTRATION WITH CHALLAN
PREPARATION
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INTRODUCTION
PF is only deducted from Basic Salary and the contribution is12% of basic salary from employer & employee's side.
i.e. = (Basic + Dearness allowance ) * 12%
Out of 12% contributed from employer, 8.33% goes toPension fund where as the rest 3.67% goes to the PF funditself.
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PAYMENT OF CONTRIBUTION
Form No. DescriptionContribution
(%)
A/c-1EPF EMPLOYERS 12% + EMPLOYEES
3.67%15.67 %
A/c-2 EPF ADMIN CHARGES 1.10 %
A/c-10 EPS EMPLOYEES 8.33 %
A/c-21 EDLI 0.50 %
A/c-22 EDLI ADMIN CHARGES 0.01 %
TOTAL 25.61 %
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CHALLANPREPARATION
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EMPLOYMENT EXCHANGE
ACTIn Nutshell
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ACTDEPENDSON
Employee
Employer
Employment Exchange
Establishment
Establishment in public sector
Establishment in private sector
Unskilled office work
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VACANCIESWHICHARETO BENOTIFIED
Carrying a basic pay of Rs.1400/
Employer may desire to be circulated
Other Vacancies in Local Employment Exchange
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FORMAND MANNER OF NOTIFICATION OF
VACANCIES
Notified in writing to the appropriate Employment Exchangeon the following format
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ACT NOT TO APPLY IN RELATION TO
CERTAIN VACANCIES
Employment in agriculture
Employment in domestic service
Duration less than three months.
Unskilled office work
Staff of parliament
Vacancies which are proposed to be filled through promotion
remuneration of less than sixty rupees in a month
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OTHER TERMS
Submission of returns
Officer for purpose of Section-6
Prosecution under the Act
TIMELIMIT FOR THENOTIFICATION OF
VACANCIES
Local Employment :- at least 15 days before
Central Employment Exchange :- at least 60 days time
Within 15 days from the date of selection
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THE CHILD LABOUR
(PROHIBITION AND
REGULATION) ACT
(ACT NO. 61 OF 1986)
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INTRODUCTION
An Act to prohibit the engagement of children in certainemployments and to regulate the conditions of work ofchildren in certain other employments.
Be it enacted by Parliament in the Thirty-Seventh Year ofthe Republic ofIndia as Act may be called as the ChildLabour (Prohibition and Regulation) Act, 1986.
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PROHIBITION OFEMPLOYMENT OF
CHILDREN S
Prohibition of employment of children in certainoccupations and processes. No child shall be employed orpermitted to work in any of the occupations set forth inPart
A of the Schedule or in any workshop wherein any of theprocesses set forth in Part
B of the Schedule is carried on:
Provided that nothing in this section shall apply to anyworkshop 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.
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PENALTIES
Whoever employs any child or permits any child to work incontravention of the provisions of section 3 shall bepunishable with imprisonment for a term which shall notbe less than three months but which may extend to one
year or with fine .
There are some general conditions which apply to theemployment of children.
Minimum age :- The minimum age of employment of a childpermitted by the Act is generally 13 years.
(by his/her parents) or in the entertainment industry.Employment not to be during school hours
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JOB EVALUATION AND ITS
PROCESS
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OVERVIEW
It is a Technique to rank jobs in an organization on the basisof the duties and responsibilities assigned to the job.
The job evaluation process results in a job being assigned toa pay grade.
The pay grade is associated with a pay range that is definedby a minimum and a maximum pay rate.
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PROCE SS I
The factors are selected depending upon the type of jobs to beevaluated.
The factors are grouped by the four factors defined in the EqualPay Act of 1963.
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PROCE SS II
In the job evaluation process is to collect information about eachjob to be evaluated.
This can be done using a job analysis questionnaire, jobdescriptions, observation and interviews with employees andsupervisors.
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PROCE SS III
In the process is to systematically rate each job based onthe job evaluation factors selected.
The points assigned for each of the factors are totaled foreach job.
Table 2 illustrates how the factors are subdivided bydegrees.
The degrees define the extent that the factor is found in thejob.
Table 3 illustrates the evaluation of a job.
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PROCE SS IV
Is to select the benchmark jobs from the jobs that havebeen evaluated.
The benchmark jobs are those jobs commonly found inmost organizations and are typically included in salarysurveys.
The benchmark jobs connect the internal pay structure withthe external labour market.
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SHOP AND ESTABLISHMENTIn Nutshell
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VARIOUSESTABLISHMENT UNDER THEACT
Shops
Commercial Establishment
Residential hotels
Restaurants
Eating houses
Theatres
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OBJECT
The main object of the act is a regulate the workingconditions of the people employed in various establishment
The main concern is hygienic and health aid welfare of thepeople employed in various establishment
It applicable to whole of Maharashtra
This provision is applicable for in local areas which having thepopulation of 25000 and more or less than 25000
SCOPE
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PROCEDURETO REGISTRATION OFESTABLISHMENT
Section7
Registration of Establishment
Section8
Changes to be communicated to the inspector
Section9
Closing of establishment to be communicated to theinspector
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OPENING AND CLOSINGHOURS OF SHOPS
The state govt. has fixed later opening hours for differentclasses of shops or for different areas.
No commercial establishment shall be opened earlier than8.30 a.m. and closed later than 8.30p.m.
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PUNISHMENTS
Contravention of certain provision and offence
False entries by employer & manager
Penalty for obstructing inspector.
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