LABOUR AND EMPLOYMENT DEPARTMENT - Amendment to the Tamil Nadu Maternity Benefits Rules

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2017 [Price: Rs. 3.20 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 2] CHENNAI, WEDNESDAY, JANUARY 11, 2017 Margazhi 27, Thunmugi, Thiruvalluvar Aandu – 2047 Part III—Section 1(a) General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT CONTENTS Pages. LABOUR AND EMPLOYMENT DEPARTMENT Amendments to the Tamil Nadu Plantations Labour Rules. .. .. 4-8 Amendment to the Tamil Nadu Industrial Disputes Rules... .. .. 8-9 DTP—III-1(a) (2) [ 3 ]4 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) NOTIFICATIONS BY GOVERNMENT LABOUR AND EMPLOYMENT DEPARTMENT Amendments to the Tamil Nadu Plantations Labour Rules. [G.O. Ms. No. 239, Labour and Employment (K2), 8th December 2016, 裘ˆF¬è 23, ¶¡ºA, F¼õœÀõ˜ ݇´-2047.] No. SRO A-3/2017.—In exercise of the powers conferred by sub-section (1) of Section 43 of the Plantations Labour Act, 1951 (Central Act 69 of 1951), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Plantations Labour Rules, 1955, the draft of the same have been previously published as required by the proviso to sub-section (1) of Section 43 of the said Act. AMENDMENTS In the said Rules,— (1) in rule 83, in sub-rule (1), for the expression “an annual return in duplicate in Form No. 16”, the expression “a combined annual return in Form No. 27” shall be substituted; (2) in rule 83, sub-rule (2) shall be omitted; (3) The FORM No.16 to Form No. 21 shall be omitted; (4) after FORM No.26, the following FORM shall be added, namely:- “FORM No. 27 [Prescribed under sub-rule (1) of Rule 83) combined annual return for the year ending the 31st December 20 .... 1. Name of the Plantation : 2. Full Postal Address of the Plantation with : Fax No. and E-mail 3. Nature of Plantation : 4. Area of Plantation : 5. Registration No. : 6. Name of the Employer with Mobile No. : and E-Mail 7. Name and address of the Manager/Authorised : Person with Mobile No. and E-mail 8. Number of employees employed : Men Women Adolescent Total during the year 9. Average Number of employees : Men Women Adolescent Total employed daily 10. Weekly Holiday : 11. Number of days worked during the year : 12. Normal hours worked per week : 13. Rest Interval given : 14. Total Amount of salary / wages paid : including allowancesJan. 11, 2017] TAMIL NADU GOVERNMENT GAZETTE 5 15. Number of employees whose employment is ceased / suspended:- (i) Number of employees discharged/ : dismissed/terminated/resigned/retired/ expired during the year (ii) Amount of compensation paid : (iii) Number of employees suspended : during the year (iv) Amount of subsistence allowance paid : 16. Wages:— (i) Total wages paid including deductions:— (a) Basic wage : (b) Dearness Allowance : (c) Overtime Wage : (d) Non-profit sharing bonus : (e) Other allowances in cash : (f) Arrears of pay in respect of previous : year paid during the year (ii) Number of persons whose, wages does : not exceed Rs.18000/-* per month (*subject to change as and when the Government of India Notifies) Men : Women : Young Person : (iii) Particulars of Deductions made from wages:— Deductions as Number of Employees Total Amount of Deductions involved Made (a) Fines (b) Damages/Loss (c) Breach of Contract (d) Others Total (iv) Wage Period : (v) Total wages paid in cash : (vi) Total cash value of the wages paid in kind : (vii) Disbursement from Fines Purpose Amount (a) (b) (c) (viii)Balance of fine in hand at the end of the year. :6 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) (ix) Details of remittances of fines : collected towards Tamil Nadu Labour Welfare Fund. (a) Mode of Payment : (b) Amount : 17. Leave:— (i) Number of employees eligible for earned leave: (ii) Number of employees availed/granted : earned leave. (iii) Number of employees paid wages salary : in lieu of earned leave 18. Welfare Measures provided:— (i) Whether canteen is run as per Section 11 : of plantations Labour Act, 1951 (a) Whether providing cooked food and : refreshment etc (b) Whether providing cooked food alone : (c) Whether providing refreshment alone : (d) Whether sold below cost price. If so, : state the items provided below the cost price. (ii) Whether Creche is provided as per : Section 12 of the Plantations Labour Act, 1951. Number of children admitted : Facilities provided in creche:- (a) Milk (b) Food (c) Clothes (d) Toys (e) Medical aid (f) others Strength of Staff employed in each creche:- (a) Trained ayah (b) Sweepers 19. Sickness Benefits:— (i) Number of persons who applied for : sickness benefit (ii) Number of cases in which the claim was : rejected and the reason there for (iii) Number of persons who were granted : sickness benefit and the total amount paid.Jan. 11, 2017] TAMIL NADU GOVERNMENT GAZETTE 7 20. Maternity Benefits:- (i) Benefits for Number of Employees Total amount paid received the Benefits (a) Miscarriage (b) Confinement (c) Illness (d) Medical Bonus (e) Total (ii) Number of women who gave notice under: section 6 of the Maternity Benefit Act, 1961 (iii) Number of women who were granted : permission to absent on receipt of notice of confinement (iv) Cases in which payment was made : Number: to persons other than the woman concerned Amount Paid (v) Cases in which payment was made : Number: on the order of the Appellate Authority or Inspector Amount Paid: (vi) Claims for maternity benefit rejected : Number: Amount not Paid: (vii) Claims for medical bonus rejected : Number: Amount not Paid: (viii)Cases in which leave for miscarriage : Number: was applied for but was rejected Amount not Paid: (ix) Cases in which additional leave for : Number: illness under section 10 was applied for but was rejected: Amount not Paid: (x) Women deprived of maternity benefit : Number: and/or medical bonus under proviso to sub-section (2) of Section 12 of the Amount not Paid: Maternity Benefit Act, 1961: (xi) Number of cases where prenatal : confinement and post-natal care was provided by the management free of charge under section 8 of the Maternity Benefit Act, 1961: 21. Bonus:- (i) Number of employees benefited by : bonus payments (ii) Percentage of Bonus declared : (iii) Total amount of Bonus paid : (iv) Date of Payment :8 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 1(a) 22. Conferment of Permanent Status:- (i) Number of non-permanent workmen who : have completed 480 days of continuous service (ii) Number of workmen made permanent : during the period (iii) Number of workmen yet to be made : permanent during the period (iv) Reasons for delay : 23. Contract Labour:- (i) Name and addresses of the Contractors : (ii) Period of Contract : (iii) Nature of work/operations on which : contract labour was employed (iv) Maximum number of workers employed : by each contractor (v) Number of days worked : (vi) Number of Mandays worked : 24. Inter-State Migrant Workmen:- (i) Name and addresses of the Contractors : in Home State (ii) Name of the Principal Employer in Host : State (Tamil Nadu) (iii) Period of Contract : (iv) Nature of work/operations on which : migrant labour was employed (v) Maximum number of migrant workmen : employed by each contractor (vi) Number of days worked : (vii) Number of mandays worked : (viii)Amount of displacement allowance paid : (ix) Amount of outward and return journey : allowance paid (x) Amount of wages for outward and return : journeys paid Date : Signature of Employer’’. Place: Amendment to the Tamil Nadu Industrial Disputes Rules. [G.O. Ms. No. 242, Labour and Employment (D2), 8th December 2016, 裘ˆF¬è 23, ¶¡ºA, F¼õœÀõ˜ ݇´-2047.] No. SRO A-4/2017.—In exercise of the powers conferred by sub-section (1) of Section 38 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Industrial Disputes Rules, 1958, the draft of the same having been previously published as required by the said sub-section (1) of Section 38 of the said Act.Jan. 11, 2017] TAMIL NADU GOVERNMENT GAZETTE 9 AMENDMENT In the said Rules, in rule 70, after sub-rule (2), the following sub-rule shall be inserted, namely:— "(3)Where a party applies for a copy of orders in Inter-alia Application Petitions and who is a workman or workmen or trade union representing the workman or workmen as the case may be, he shall be provided with a copy of such orders at free of cost". P. AMUDHA, Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU