The Railway Service (Conduct) Rules 1966 (21.03.1966)

The Railway Service (Conduct) Rules 1966 (21.03.1966)

The Railway servants are governed by the Railway Service Conduct Rules 1966, which lays down the standard of conduct expected of every Railway Servants and member of their family.

Rule 3 : General

1. Every Railway servants shall at all time
i. Maintain absolute integrity
ii. Maintain devotion to duty and
iii. Do nothing which is unbecoming of a Railway or Railway employee

2. i. Every Railway employee holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of Railway servant who are under this control.

ii. No Railway servant shall in the performance of his official duties or exercise of powers conferred on him act otherwise than in his best judgement except when he is acting under.

iii. The direction of his official. Superior and shall where he is acting under the such direction, obtain the direction in writing wherever practicable and where it is not possible he shall obtain confirmation.

3. (A) Promptness and courtesy.

No Railway servant shall

i. In performance of his official duties act in a discourteous manner.
ii. In his official dealing with the public or otherwise adopt dilatory tactics or
will fully cause delays in disposal of the work assigned to him.

3. (B) Observance of Govt’s policies

Every Railway servant shall at all times.

i. act in accordance with the Govt’s policies regarding age of marriage, preservation of environment protection of wildlife and cultural heritage.
ii. Observe the Govt’s policies regarding prevention of crime against women.

3.(C) Prohibition of Sexual harassment of Working Women

i. No Govt. servant shall involve him self in any activity of sexual harassment of any employee at the work place.
ii. Every Govt. servant holding supervisory post shall take all steps to prevent the commission of such act of sexual harassment of women.

Explanation:

For this purpose it includes such unwelcome sexually determined behavior, whether directly or by other ways i.e.

(a) Physical contacts and advances
(b) A demand or request for sexual favors
(c) Sexual colored remarks
(d) Showing pornography
(e) Any other unwelcome physical, verbal or non verbal conduct of sexual nature.

Rules 4 : Prohibition of Employment of near relatives :

No Railway servant shall use his official position or influence directly or indirectly to secure employment for any member of his family in any company or firm having official dealing with him.

No Railway servant shall in the discharge of his official duties deals with the matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company every such type of cases further shall be sent to his supervisor authority.

Rule 5 : Taking part in Politics & Election :

No Railway employee shall be a member of or otherwise be associated with any political party or any other organization.

It shall also be duty of every employee to endeavor to prevent any member of his family to association in any way with such movement or activity.

Rule 6 : Joining of Association or Unions :

No Railway servant shall join or to be member of an association or union the object of which are prejudicial to the interest of sovereignty, integrity and security of India.

When any staff is promoted to gazatted rank he shall resign the union of non gazetted staff but in case joining such union is beneficent he may continue with such association provided he satisfies the GM.

Rule 7 : Demonstration & Strike :

No Railway servant shall engage himself or participate in any demonstration which is prejudicial to the interest of sovereignty and integrity of India, the security of the state, friendly relation with foreign state or which involves contempt of court defamation or incitement of an office.

Rule 8 : Connecting with Press or any other Media :

No Railway servant shall except with the prior sanction of the Govt. connected with press, Radio, TV editing a news paper or publishing a book and other media except in literary, artistic and scientific matter.

Rule 9 : Criticism of Government :

No Railway servant shall in any radio broadcast or in any document published his own name or any other name or any communication to press or any other media make any statement of fact or opinion which has effect of an adverse criticism of any current policy of Central/State Govt. or embarrassing the relation ship between Central and State Govt.

Rule 10 : Evidence before any Committee/Authority

No Railway employee shall except with the previous sanction of Govt. give evidences in connection with any inquiry conducted by any person, committee or authority or in course of giving such evidence not criticize the policy or any action of a Stage Govt.

Rule 11 : Unauthorized commutation of Information :

Communication of official information - Every Railway servant shall in performance of his duties in good faith, communication formation to a person in accordance with the right to information Act, 2005 (2) of 2005 and the rules made there under. (RBE No. 22/06)

Rule 12 : Subscription :

No Railway servant shall except with the previous sanction of Govt. ask for or accept contributions to raising of any funds or other collection in case or in kind in pursuance of any object whatsoever.

Rule 13 : Gifts :

No Railway servant shall accept or permit any member of his family or any other person on his behalf to accept any gift. Accepting lavish hospitality or frequent hospitality from any individual having official dealing with him.

On following occasions Railway servant may accept gifts from his near relatives but he shall where he accepts any such gift make a report of such acceptance to the Govt. if the value of any gift exceeds.

Rule 13 (A) : Dowry :

No Railway servant shall give or take or abet the giving or taking of dowry or demand directly or indirectly from the parents or guardian of a bride or bride groom.

Rule 14 : Public demonstration in honor of Public servant :

No Railway employee shall except with the previous sanction of Govt. receive any complimentary or valedictory address or accept any testimonial or attend any meetings on entertainment held in his honor.

Rule 15 : Private Trade & employment :

No Railway employee shall except with the previous sanction of the Govt. engage directly or indirectly in any trade or business or any other employment.

A Railway employee may under take any honorary work of a social or charitable nature or occasional work of a literary, artistic or scientific work.

Rule 15 (A) : Subletting & Vacation of Rly. Accommodation :

No Railway servant shall sub let, lease or otherwise allow occupation by any other person of Govt. accommodation which has been allotted to him. A Railway servant shall after the cancellation of his allotment of Govt. accommodation vacate the same within the time limit prescribed by the allotting
authority.

Rule 16 : Investment Lending & borrowing :

No Railway employee shall speculate in any stock share or other investment. No Railway employee shall make or permit any member of his family or any other person acting on his behalf to make any investment, which is likely to embarrass or influence him in the discharge of his official duties.
No Railway employee shall have in the ordinary course of business with a bank or public limited company either him self or through any other person.

i.  A. Lend or borrow or deposit money as a principal or an agent to or from or with any person or      firm, company with whom he is likely to have official dealing or otherwise places him self under      primary obligation to such person or firm or private limited company.
   B. Railway employee may give or take from a relative or any personal friend a purely temporary    loan free of interest.
ii. No Rly servant involved in the decision making process of fixing of IPO or follow-up public             offering of share of a Central public sector enterprises
( RBNo: E(D&A) 2009/GS 1-4 tdtd. 14.07.09 )

Rule 17 : Insolvency & Habitual indebtedness :

A Railway servant shall so manage his private affairs as to avoid habitual indebtedness or insolvency. A Railway servant against whom any legal proceeding is initiated for the recovery of any debt due from him or for adjudging him as an insolvent shall forth with report the full fact of the legal proceeding to Govt.

Rule 18 : Movable & Immovable Property :

Every Railway employee shall on his first appointment submit a return of his assets and liabilities in prescribed form.:
i. Group A and Group B officers shall submit an annual return in such form. Supervisory staff who are working in PB-2 Rs.9300-34800 with GP 4600/- will also now have to submit annual return of their immovable property
( RBNo: E(D&A)2007/GS1-1 dtd. 17.06.2009 )

ii. Commercial staff in all grades should besides submitting a property return at the time of their every promotion.

iii. Where a Railway employee enter into a transaction of moveable property either in his name or any other member of his family, shall submit the report with in one month from the date of such transaction, if the value of such property exceeds two months basic pay.

As concern to receipt of gift by member of family of Rly. Servant in the form of Stridhan, Gifts, inheritance etc, Rly. Servant is not required to give provision knowledge or seek prior permission subject to provision of clause 13 of the said rule.
( RBNo: E(D&A)2007/GS1-2 dtd. 18.06.2009 )

iv. No Railway servant shall except with the previous knowledge of the Govt. acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift either in his own name or in the name of any member of his family, if the transaction is through reputed firm.
v. Otherwise previous permission of Govt. is required.

vi. A Railway employee can purchase share and debenture, security bond, mutual fund. Employee shall submit the report with in one month from the date of such transaction, if the value of such property exceeds two months basic pay.

Rule 18 (A) : Movable & Immovable Property outside India :

Prior sanction is required to purchase or sale of immovable property, outside India or with foreigners.

Rule 19 : Vindication of Acts & Character of Govt. servants :

No Railway servant shall except with the prior sanction of Govt. have recourse to any courts or to the press for vindication of any official act which has been subject matter of adverse criticism or an attack of defamatory character.

Rule 20 : Canvassing of non-officials or other influence :

No Railway servant shall bring or attempt to bring any political or other influence to bear upon any superior authority to further his interests in respect of matter pertaining to his service under the Govt.

Rule 21 : Restriction regarding Marriage:

No Railway employee shall enter into, or contract a marriage with a person having spouse living and having a living spouse shall enter into or contract a marriage with any person, In other words it means that no Railway servant who has a wife/husband shall contract another marriage without first obtaining the sanction of Govt.

- A Railway servant who has married or marriage a person other than of India shall forthwith intimate the fact to Govt.
- Govt. may permit a railway servant to enter into or contract any such marriage is permissible under the personal law and there are other grounds for so doing.

Rule 22 : Consumption of Intoxicating drinks & drugs :

A Railway servant shall strictly abide by the law relating to intoxicating drinks or drug in force in any area in which he may happen to be for time being.

- A Railway servant shall not be under the influence of any intoxication drink or drug during the course of his duties and shall also take due care that the performance of his duties at any time is not affected in any way be the influence of such drink or drug.
- A Railway servant if he belongs to the running category (both Loco and Traffic) or is directly connected with train passing duty have taken or used any intoxicating drink/drug within eight hours of the commencement of duty or take such drinks or drug during the course of duty.

Rule 22 (A) : Child Labour employment :

No Railway servant shall employ to work a child below the age of 14 years.

Rule23 : Interpretation

If any question arises relating to the interpretation of these rules, it shall be referred to the Government whose decision thereon shall be final.

Rule 24 ;Delegation of powers

The Government may, by general or special order, direct that any power exercisable by it or any Head of Deptt. Under these rules ( except the powers under  Rules 23 and this Rule) shall, subject to such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be specified in the order.

Rule 25 :Repeal and Saving

Any rules corresponding to these rules in force immediately before the commencement of these rules and applicable to the Government servant to whom these rules apply, are hereby repealed -

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

Provided further that such repeal shall not affect the previous operation of the rules so repealed and a contravention of any of the said rules shall be punishable as if it were a contravention to these rules.
Rule 26

FACTORY ACT 1948 (23rd September 1948)

FACTORY ACT 1948 (23rd September 1948)

Introduction:

Factory Act has given effect from 01.01.1949. It regulates the various obligations that an “Occupier” has to fulfill in connection with Health, Welfare, safety, Hours of employment, Leave, O.T., Rest etc.

Applicability:

This Act applies to all Railway Workshops & Production Units but does not extended to Loco Sheds & C&W Depots.

Aims & Object :

To protect workers subject to unduly long hours of bodily strain as well as to make provisions regarding

1.welfare
2.safety
3.health
4.working hours
5.payment of overtime etc

Definition:

FACTORY : Factory means any premises -
1. Where ten or more workers are working, or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power., or
2. When twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power.

MANUFACTURING PROCESS : Means any process for Making, Altering, Repairing, Ornamenting, Finishing, Packing, Ceiling, Washing, Cleaning, Breaking up or Adopting any article or substance with a view to it’s use, role, transport, delivery or disposal, or

1. Pumping oil, water, sewage or any other substance, or
2. Generating, transforming or transmitting power.

OCCUPIER : Occupier of a factory means the person who has ultimate control over the affairs of factory. Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

Main Provisions :

HEALTH :

1. Every factory shall be kept clean and the floors of every workroom shall be cleaned at least once in every week.
2. All inside walls and partitions, all ceilings of rooms, sides and tops of passages and staircases shall be repainted or revarnished at least once in every period of five years and in other cases, be kept whitewashed, or color - washed at least once in every period of fourteen months.
3. All doors and windows shall be kept painted at least once in every period of five years.

II. VENTILATION & TEMPERATURE :

Effective and suitable provision shall be made in every factory for adequate ventilations and temperature.

III. DUST & FUME : Section 14

In every factory effective measures shall be taken to prevent accumulation of dust and fume in any workroom and necessary exhaust appliances shall be applied.

IV. ARTIFICIAL, HUMIDIFICATION : Section 15

In respect of all factories in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply or other source of drinking water.

V. OVER CROWDING : Section 16

No room in any factory shall be overcrowded to an extent injurious to the health of the workers and there shall be in every workroom of a factory in existence of the date of commencement of this act at least 9.9 cubic meters and of factory built after the commencement of this act at least 14.2 cubic meters of space for every worker employees therein.

VI. LIGHTING : Section 17

In every part of a factory where worker are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

VII. DRINKING WATER : Section 18

In every factory effective arrangements shall be made to provide at suitable points a sufficient supply of drinking water. All such points shall be legible marked “Drinking water” in a language understood by a majority of the workers and no such point shall be situated within six meters of any Washing place, urinal etc. and where more than two hundred and fifty workers are ordinarily
employed, provision shall be made for cool drinking water during hot weather.

VIII. LATRINES & URINALS : Section 19

In every factory sufficient latrine and urinals accommodation, separately for male and female, shall be provided conveniently situated and accessible to workers. All such accommodation shall be adequately lighted, ventilated and be maintained in a clean and sanitary condition at all time.

IX. SPITTOONS : Section 20

In every factory there shall be provided a sufficient number of spittoons in convenient places.

SAFETY

I. FENCING OF MACHINERY : Section 21

In every factory every moving part of a prime mover, every fly wheel connected toa prime mover and every dangerous part of any machinery shall be securely fenced by safeguards.

II. WORK ON OR NEAR MACHINERY IN MOTION:Section 22 & 23

While the machinery is in motion, operations shall be made or carried out only by a specially trained adult male worker wearing tight fitted clothing and no woman worker or young person shall be allowed on such machines.

III. STRIKING GEAR & DEVICES FOR CUTTING OF POWER : Section 24

In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided in every workroom.

IV. PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN NEAR
COTON APENER : Section 27

No women or child shall be employed in any part of a factory for pressing cotton in which a cotton apener is at work.

V. HOISTS & LIFTS : Section 28

Every hoist and life shall be of good mechanical construction, properly maintained and shall be thoroughly examined by a competent person at least once in every period of six months.

VI. LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES : Section
29

All parts, Including working gear of every lifting machine and every chain, rope shall be of good construction, properly maintained and thoroughly examined by a competent person at least once in every period of twelve months.

VII. PRESSURE PLANT : Section 31

If any factory is operated at a pressure above atmosphere pressure, effective measures shall be taken to ensure that the safe working pressure of such plant is not exceeded.

VIII. FLOORS, STAIRS & MEANS OF ACCESS :

In every factory all floors, steps, stairs, passages and gangways shall be sound construction, properly maintained and shall be kept free from obstructions and substance likely to cause persons slip.

IX. EXCESSIVE WEIGHT : Section 34

No person shall be employed in any factory to life, carry or more and load so heavy as to likely to cause him injury.

X. PROTECTION OF EYES : Section 35

Goggles shall be provided for the protection of persons employed in respect of any such manufacturing process carried on risk to the eyes by reason of exposure to excessive light as fragments thrown off.
Section 38 : In every factory all practicable measures shall be taken to prevent out break of fire and spread, both internally and externally.
Effective measures shall be taken to ensure that in every factory all the workers are familiar with means of escape in case of fire and have been adequately trained in the routine to be followed in such cases.

WELFARE

I. WASHING FACILITIES : Section 42

In every factory adequate and suitable facilities for washing, separately for male and female workers, shall be provided and maintained for the use of the worker therein.

II. FACILITIES FOR STORING & DRYING CLOTHS : Section 43

Suitable places should be provided for keeping clothing not worn during working hrs. and for the drying of wet clothing.

III. FACILITIES FOR SITTING : Section 44

In every factory suitable arrangements for sitting shall be provided for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest.

IV. FIRST-AID & APPLIANCES : Section 45

There shall in every factory be provided first aid boxes. The number of such boxes shall not be less than one for every one hundred and fifty workers and where more than five hundred workers are employed there shall be provided an ambulance room containing the prescribed equipment and medical and nursing staff.

V. CANTEENS : Section 46

Factory wherein more than two hundred and fifty workers are employed, a canteen shall be provided by the occupiers for the use of workers.

VI. SHELTERS, REST ROOMS & LUNCH ROOMS: Section 47

In every factory wherein more than 150 workers are employed, adequate and suitable shelters or rest rooms and a suitable lunch room with provision for drinking water where worker can eat meals brought by them, shall be provided for the use of the workers.

VII. CRECHES: Section 48

In every factory wherein more than 30 women workers are ordinarily employed there shall be provided suitable room or rooms for the use of children under the age of six yrs. Of such women. The crèches shall be made under the charge of women trained in the care of children.

VIII. WELFARE OFFICER : Section 49

In every factory wherein 500 or more workers are employed the occupiers shall employee in the factory such number of welfare officer as may be prescribed.

INDUSTRIAL DISPUTE ACT 1947

INDUSTRIAL DISPUTE ACT 1947( 01.04.1947 )

Introduction:

This act is based on the principle of social security and justice. It came into force on the first day of April, 1947 and is called as “Industrial Dispute Act 1947”.

Aims & Objects:

This act aims making provisions for the investigation & settlements of industrial disputes.

Applicability:

This act extends to whole of the India

SOME IMPORTANT DEFINITIONS:

1. Industrial Dispute :

Industrial Dispute means any dispute or difference between employees and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of labour, of any person.

2. Industry:

Industry means any systematic activity carried on by co-operation between employer and his workman for the production, supply or distribution of goods or services with a view to satisfy human wants.

3. Lay Off :

Lay off means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material or the accumulation of stock or the breakdown of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

4. Lock Out :

Lock out means the temporary closing of a place of employment or the suspension or work, or the refusal by an employer to continue to employ any number of persons employed by him.

5. Strike :

Strike means cessation of work by a body of persons employed in any industry acting combination, or a concerted refusal, or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.

6. Public Utility: (Sec.2)

Public utility service means any Railway service or any transport service for the carriage of passenger or goods by air. Any section of industrial establishment on the working on the safety of the establishment of workman employed there in depends. Any postal, telegraph or telephone service. Precedent can declare any industry as public utility service in emergency.

Main Provision:

SETTLEMENT MACHINERY/AUTHORITIES UNDER I.D.ACT

1. Works Committee : Where more than 100 workers are employed in any industrial establishment, the works committee are formed of equal no. of representatives of workman and employer to promote good Industrial between workmen & employee
2. Conciliation Officer :
The appropriate Govt. may by notification in the official gazette, appoint such number of persons as it thinks fit, to be conciliation officer, for mediating in & promoting settlement.
3. Boards of Conciliation :
Appointed by the appropriate govt. with a chairman and two or four members for promoting settlement of the dispute.
4. Court of enquiry :
The court of enquiry is constituted by the appropriate Govt. which consists of Chairman with one or more member to enquire into any matter appearing to be connected with or relevant to an industrial dispute.
5. Labour courts :
One or more labour courts may be constituted by the appropriate Govt.for adjudication of industrial disputes, shall consist of one person known as Presiding Officer.
6. Tribunal :
The appropriate Govt. may constitute one or more Tribunals for adjudication of industrial disputes in accordance with the provisions of this act.
7. National Tribunals :
This will be constituted by the central government for the adjudication of the industrial dispute which involves questions of National importance & shall consist one person only, the Govt. may appoint 02 persons as assessor to advice the Tribunal in the proceedings before it, if think fit so..

PROCEDURE SHOULD BE FOLLOWED TO DECLARE STRIKE & LOCK OUT:

Strike and lock out shall be illegal if it is declared or commenced in contravention of section 22 and 23 of this act i.e.

1. Without giving six weeks notice before commencing strike.
2. Before 14 days of given such notice.
3. Before the expire of the date specified in such notice.
4. During the pendency of any conciliation proceedings before conciliation officer and 07 days after the conclusion of such proceedings.
5. During the pendency or proceedings before a tribunal or national tribunal and 02 months after the conclusion of such proceedings.
6. During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceeding, where a notification has been issued.
7. During any period in which a settlement or award is in operation in respect of any of the matter covered by the settlement or award.

Procedure for layoff :

Whenever a workman whose name is born on muster roll of an industrial establishment & who has completed not less than 1 year of continues service is laid off whether continuously or intermittently he shall be paid for all days during which he is laid off except for such weekly holidays, compassion which shall be equal to 50 % of total basic wages & D A that would have been payable to him had he not been laid off.

RETRENCHMENT :

Retrenchment means the termination by the employer of the service of workmen for any reason whatsoever, otherwise than as a punishment inflicted by was of disciplinary action but does not include. :

1. Voluntary retirement
2. Retirement on reaching the age of superannuation.
3. Termination of service of workmen as a result of non renewal of the contract.
4. Termination of service of a workmen on the ground of continued ill-health.

Procedure for Retrenchment :

No workman employed in any industrial establishment who has work continuously for not less than 1 year shall be retrenched until the workman has given three months notice indicating reasons for retrenchment. On the principle of last man should go first & after obtaining prior permission of appropriate government.

Penalities:

For illegal strike - Imprisonment upto 01 month & fine upto Rs 1000/- or both
For Illegal Lockout - Imprisonment upto 01 month & fine upto Rs 1000/- or both.
Lay off/ Retrenchment- Without prior permission/ notice - Imprisonment upto 01
month or fine of Rs. 1000/- or both.

EMPLOYEE’S COMPENSATION ACT 1923

EMPLOYEE’S COMPENSATION ACT 1923 (01.07.1927 )

Introduction

This Act is called as employee’s compensation Act 1923. The bill was passed by the legislature which received the Royal assent & It came into force on the First Day of July, 1924 and it has been amended in the year 1995. It extends to the whole of India.

Aims & Object:

Under this Act, an employer is liable to pay compensation to the employees working under him subject to he following conditions. :
1. If personal injury is caused to a workmen.
2. This injury should be by accident.
3. The accident should be arisen out of and in the course of employment.
4. The injury results death of workmen or any type of disablement of workmen.

Applicability:

So- far as Railways are concerned this act applies to all such workers who are connected with the operations and maintenance of vehicular traffic or a movement of vehicular traffic for detail schedule no. 1 may be referred.

The following employees are not coming under the provision of this act.

1. Persons in Workshop governed by Factories Act.
2. Apprentices not governed by apprentices Act, 1961.
3. Persons employed in the Armed forces.
4. The worker who is not connected with the tread of business of the employer.
Section (3): The employer shall not be liable to pay compensation to employees in the following cases.:
1. In respect of any injury which does not result in the total or partial disablement of the workmen for a period of three days.
2. In respect of any injury, not resulting in death, permanent total disablement caused by an accident which is directly attributable to.:
(a) the workmen having been at the time thereof under the influence of drink or drugs, or
(b) the willful disobedience of the workmen to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
(c) the willful removal or disregard by the workmen of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.

Provisions :

Under the act the following Schedule exists as concern to payment of Compensation, List of workmen etc, which is as below.

A) Schedule-I : List of Injuries & % of Loss
B) Schedule-II : List of persons defined as Workmen
C) Schedule-III : List of Occupational Diseases
D) Schedule-IV : Relevant Factor

KIND OF INJURY

For the purpose of compensation under the Workmen’s Compensation act, the injury has been divided into four categories.:
1. Death
2. Permanent total disablement
3. Permanent partial disablement
4. Temporary disablement, it may be total or partial disablement.

Obligation:

AMOUNT OF COMPENSATION ( Sec.4 )

The amount of compensation under this Act shall be as follows.:

1. Where Death results from the injury :

An amount of average pay (max Rs. 8000) multiplied by 50 and multiplied by age factor divided by 100 or Rs. 120000/- which every is more.
            

2. Where permanent total disablement results from the injury :

An amount at average pay (max Rs. 8000) multiplied by 60 and multiplied by age factor divided by 100 or Rs. 140000/- whichever is more.

3. Where permanent partial disablement results from the injury :

(a) in the case of an injury specified in Part-II of Schedule-I, such percentage of the compensation which would have been payable in the case of permanent total disablement as specified therein as being the percentage of the lose of earning capacity caused by that injury, and
(b) in the case of injury not specified in Schedule-I, such percentage percent of compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury.
Payment of Wages:

4. Where temporary disablement, where total or partial results from the injury :

A half monthly payment of the sum equivalent to twenty five percent of monthly wages of the workman to be paid in accordance with provisions of this Act.

DUTY OF SUPERVISOR IN CASE OF INJURY

The following are the duties of supervisor in case of injury caused to a workman by accident arising out of and in the course of employment.:
1. He should immediately render first Aid and call doctors.
2. Give massage to all concerned with in 48 hours.
3. He should take two eye witnesses/statements where possible.
4. He should prepare accident report including small diagram.
5. He should take down the particulars of leave taken during last 12 months.
6. He should get medical report of injured workmen.
7. He should make findings of inquiry.

COMPENSATION TO BE PAID WHEN DUE & PENALTY FOR DEFAULT

Under this Act, compensation shall be paid as soon as it falls due. In case where the employer does not accept the liability for compensation to the extant claimed, he shall be bound to make provisional payment based on the event of the liabilities which he accepts and such payment shall be deposited with the commissioner or made to the workman, as the case may be, without prejudice to right of the workman to make any further claim. For non submission of papers to
the commissioner’s office within the month or for violation of any of the provisions, employer may be fined a sum upto Rs.5000/-
Where any employer is in fault in paying the compensation due under this Act within one month from the date it fell due. The commissioner may direct that in addition to the amount of the arrears, simple interest at the rate of 12% per annum on the amount due together. If in the opinion of the commissioner there is no justification for the delay, a further sum not exceeding 50% of such amount, shall be recovered from the employer by was of penalty.
**

SCHEDULE

Under the Workmen’s Compensation Act, there are four schedules as appended
below:

SCHEDULE-I

This schedule indicates the percentage of loss of earning capacity and accordingly payment of compensation is arranged on production of certificate of doctors.

SCHEDULE-II

Under this schedule, a list has been mentioned. Under this list details of persons have been given who are included in the category of “workmen” and entitled for payment of compensation under this Act.

SCHEDULE-III

Under this schedule, occupational diseases have been shown.

SCHEDULE-IV

Under this schedule IV, details regarding factors for working out lump sum equivalent of compensation amount in case of permanent disablement and death have been given.
Payment of compensation shall be made through Workmen’s Compensation Commissioner. Under this Act, Workmen’s Compensation Commissioner is appointed by the State Govt. though notification in the official Gazette. The State Govt. may appoint more than one Commissioner for any area. Every Commissioner shall be deemed to be a public servant within the meaning of theIndian Panel Code.
Appeal - The appeal against the decision of Workmen’s Compensation Commissioner shall lies with High Court. (18)

The Minimum Wages Act

The Minimum Wages Act 1948 (15.03.1948)

Introduction

The Act is called Minimum Wages Act 1948 came into force from 15.03.1948 & amended in 1961. It extends to whole of India except J&K.

Aims and Objects.

This act aims at

i) Fixing the minimum wages in certain employments where wages are low in order to prevent exploitation of unorganised labour,.
ii) Payment of wages without any unauthorized deduction.
iii) Periodical review of the rates of minimum wages & establishment of machinery for proper implementation & enforcement of the act.
iv) Procedure for regulating hours of work & payment of wages including overtime.

Applicability:

So far as Railway are concerned this act applies to the following :
i) labor working under IOWs, engaged in Road Construction, Building Operation, Maintenance of buildings.
ii) Labour engaged in stone crushing or breaking.
iii) Labour engaged in loading & unloading operation in goods shed & godowns etc.
iv) Casual labors employed on permanent way are also governed by this act.

Obligation:

The act holds Employer in charge as responsible for payment of wage to person employed under him & also to make the following provisions:
i) Fixing of wage period, which should not exceed 01 month.
ii) Wages to be paid in working day within 07 days/10 days if less
than/more than 1000 persons are employed.
iii) Discharge wage to be paid not later than 2nd working day.

Provisions:

The rates of minimum wages are fixed by the Ministry of Labor and are subjected to review from time to time but not exceeding five years.
The rates are fixed according to the cities which are grouped & distributed in respective zones. Over- time will be paid for extra work done by the worker.
Minimum Wage Fixation: There exists 05 zones viz A,B-1, B-2, C, D& all the cities are grouped there after. If the rates appear to be less than the prevailing rates at neighbor hood. DRM & GM’s are empowered to sanction daily rates by 20% & 33 1/2 % respectively over the rates notified by Ministry of Labour.
The rates will be fixed taking into account the cost of living index and cash value of the concessions in respect of supplies of essential commodities to the worker.
Wages will include all remuneration capable of being expressed in terms of money, except house rent allowance, gratuity etc.

Working Hours:

Per Day work - Max 09 hrs.
Shift - Maximum 12 hrs.
Continuous work- Max 5 hrs.
Weekly Work- Max 48 hrs.
Rest- On continuous 6 days working 7th day shall be paid rest normally on Sunday but the employer can fix any day of the week.

Penalties:

For violation of any of the provision of this act employer shall be punishable with fine of Rs. 500/- or & simple imprisonment upto 6 months.