APPROVAL/ PERMISSION

 

APPROVAL OF SITE, LAYOUT, BUILDING PLAN OF A FACTORY UNDER THE FACTORIES ACT,1948

Approval for DEDUCTIONS FROM WAGES

PERMISSION FOR CHANGE OF ACCOUNTING YEAR UNDER THE BONUS ACT.

PERMISSION TO PROSECUTE UNDER THE I.D. ACT.

PERMISSION TO LAY OFF

PERMISSION TO CLOSURE

PERMISSION FROM THE CONCILIATION OFFICER FOR  CHANGING CONDITION OF SERVICE  DURING PENDENCY OF PROCEEDINGS( SEE 33(1)&(2))

PERMISSION FOR RETRENCHMENT

 

 

 

PERMISSION FOR CLOSURE
•AN EMPLOYER WHO INTENDS TO CLOSE DOWN AN UNDERTAKING SHALL APPLY FOR PRIOR  PERMISSION FORM THE APPROPRIATE GOVT. (L.G) IN FORM Q-A AT LEAST NINETY DAYS BEFORE THE DATE ON WHICH THE INTENDED CLOSURE IS TO BECOME  EFFECTIVE       (SEE FORM Q-A)
THE APPLICATIONS SHALL BE MADE IN TRIPLICATE
THE EMPLOYER MAY ALSO FURNISH ANY FURTHER INFORMATION TO THE AUTHORITY SO AS TO ENABLE HIM TO ARRIVE AT A DECISION ON THE APPLICATION
(PLEASE SEE –

FORM Q

 Q-A   

RELEVANT RULES)

 

 

 

 

•PERMISSION TO PROSECUTE UNDER THE I.D ACT
COMPLAINTS UNDER THE I.D ACT CAN BE MADE BY THE APPROPRIATE GOVT. OR IT CAN BE MADE UNDER THE AUTHORITY OF APPROPRIATE GOVT. (SEE SECTION 34)

 

THE APPROPRIATE GOVT.  CAN AUTHORISE SOME ONE OTHER THAN ITS SELF EVEN A NON-GOVT. SERVANT OR A PRIVATE PARTY TO FILE A COMPLAINT (REF- RAJ KUMAR GUPTA VS LT GOVERNOR, DELHI(1997) 1LLJ 994 (1996-98) (SC) WHERE THE GOVT. AUTHORISES A PRIVATE PARTY TO FILE A COMPLAINT SANCTION OF THE GOVT. HAS TO BE OBTAINED IN WRITING BY THE PRIVATE PARTY ON BEING SATISFIED THAT THE FACTS EXISTS FOR MAKING THE COMPLAINT AND IT IS EXPEDIENT TO MAKE THE COMPLAINT BY A PRIVATE PARTY . THE GOVT MAY AUTHORISE SUCH PRIVATE PARTY TO FILE A COMPLAINT.
 

(PLEASE SEE- SECTION 34 OF I.D ACT)

 

 

 

 

 

PERMISSION FROM THE CONCILIATION OFFICER FOR CHANGE OF CONDITION OF SERVICE DURING PENDENCY OF PROCEEDINGS

 

•APPLICATION FOR PERMISSION SHALL BE SUBMITTED IN FORM –K IN TRIPLICATE TO THE CONCILIATION OFFICER ALONG WITH COPIES WHICH HAS TO BE SERVED TO THE OPPOSITE PARTIES
EVERY APPLICATION SHALL BE VERIFIED AT THE POST BY THE EMPLOYER OR ANY PERSON WHO IS ACQUAINTED WITH THE FACTS OF THE CASE.
THE PERSON VERIFYING SHALL SPECIFY BY REFERENCE TO THE NUMBERED PARAGRAPH OF THE APPLICATION, WHAT HE VERIFIES OF HIS OWN KNOWLEDGE AND WHAT HE VERIFIED UPON INFORMATION RECEIVED AND BELIEVED TO BE TRUE
THE VERIFICATION SHALL BE SIGNED BY THE PERSON MAKING IT AND SHALL STATE THE DATE ON WHICH AND PLACE AT WHICH IT WAS VERIFIED.
PLEASE SEE -FORM-K  

                   RELEVANT RULES

 

 

 

 

•APPROVAL FOR DEDUCTION  FROM WAGES
EVERY EMPLOYER HAS TO TAKE PRIOR   APPROVAL IN WRITING OF THE INSPECTOR OR ANY OTHER OFFICER AUTHORISED BY THE APPROPRIATE GOVT. BEFORE MAKING THE FOLLOWING DEDUCTIONS FROM THE WAGES  OF THE EMPLOYEES :-
FINES IN RESPECT OF SUCH ACTS OR OMISSIONS OF THE EMPLOYERS AS MAY BE SPECIFIED BY GENERAL OR SPECIAL  ORDER OF LT. GOVERNOR
DEDUCTION FOR ABSENCE FROM DUTY
DEDUCTION FOR DAMAGE OR LOSS OF GOODS ENTRUSTED TO THE EMPLOYEE OR FOR LOSS OF MONEY FOR WHICH HE IS REQUIRED TO ACCOUNT
DEDUCTIONS FOR HOUSE ACCOMMODATION PROVIDED BY THE EMPLOYER
DEDUCTION FOR AMENITIES AND SERVICES SUPPLIED   BY  THE EMPLOYER E.G. TOOLS AND PROTECTIVES AS THE LT. GOVERNOR MAY BY GENERAL OR SPECIAL  ORDER AUTHORISE
DEDUCTION FOR RECOVERY OF ADVANCES OR FOR ADJUSTMENT OF OVER PAYMENT OF WAGES
DEDUCTIONS OF INCOME TAX PAYABLE BY THE EMPLOYER
DEDUCTIONS REQUIRED TO BE MADE BY ORDER OF A COURT OR OTHER COMPETENT AUTHORITY
DEDUCTION FOR SUBSCRIPTIONS TO AND FOR REPAYMENT OF ADVANCES FROM PROVIDENT FUND.

 

 

 

 

 

APPROVAL OF SITE LAYOUT BUILDING PLAN OF A FACTORY UNDER THE FACTORIES ACT, 1948
PERMISSION HAS TO BE OBTAINED BY EVERY OCCUPIER FROM THE CHIEF INSPECTOR IN THE FOLLOWING CASES -
SITE FOR LOCATION OF A FACTORY
ANY CONSTRUCTION, RECONSTRUCTION OR EXTENSION OF A BUILDING FOR USE AS A FACTORY
ANY  MANUFACTURING PROCESS CARRIED OUT IN ANY BUILDING CONSTRUCTED RECONSTRUCTED OR EXTENSION
APPLICATION FOR PERMISSION SHALL BE MADE IN FORM NO 1 (SEE FORM NO 1)
THE APPLICATION HAS TO BE ACCOMPANIED BY -
A FLOW  CHART OF THE MANUFACTURING PROCESS ALONG WITH A BRIEF DESCRIPTION OF THE PROCESSION VARIOUS STAGES
PLANS IN DUPLICATE DRAWN TO SCALE SHOWING THE FOLLOWING:-
THE SITE OF THE FACTORY AND IMMEDIATE SURROUNDINGS INCLUDING ADJACENT  BUILDINGS AND OTHER STRUCTURES, ROAD DRAINS ETC.
PLAN ELEVATION AND NECESSARY CROSS SECTION OF VARIOUS BUILDINGS INDICATING ALL RELEVANT DETAILS RELATING TO NATURAL LIGHTING VENTILATION AND MEANS OF ESCAPE IN CASE OF FIRE•IN CASES WHERE PERMISSION APPLIED FOR  IS GRANTED THE SAME SHALL BE NOTED AND ON THE PLANS AND SPECIFICATIONS AND SIGNED BY THE CHIEF INSPECTOR A COPY OF WHICH SHALL BE RETURNED TO THE APPLICANT
PLEASE SEE - FORM NO – 1  

                    RELEVANT RULES)

 

 

 

 

•PERMISSIONS FOR CHANGE OF ACCOUNTING YEAR UNDER THE BONUS ACT.
IF AN EMPLOYER OPTS TO CLOSE AND BALANCE HIS ACCOUNTS ON ANY DAY OTHER THAN 31st MARCH, AN OPTION ONCE EXERCISED SHALL NOT BE EXERCISED AGAIN BY THE EMPLOYER EXCEPT WITH PREVIOUS PERMISSION IN WRITING OF THE PRESCRIBED AUTHORITY 
THE AUTHORITY FOR GRANTING PERMISSION FOR CHANGE OF ACCOUNTING YEAR IS THE LABOUR COMMISSIONER 

 

 

 

 

•PERMISSION TO LAY OFF

 

APPLICATION FOR PERMISSION TO LAY OFF SHOULD BE SUBMITTED IN FORM O-3 AND DELIVERED TO THE AUTHORITY EITHER  PERSONALLY OR BY REGISTERED POST ACKNOWLEDGEMENT DUE
IF THE APPLICATION IS SENT BY REGISTERED POST THE DATE ON WHICH IT IS DELIVERED TO THE AUTHORITY SHALL BE DEEMED TO BE THE DATE ON WHICH THE APPLICATION IS MADE
THE APPLICATION SHALL BE MADE IN TRIPLICATE, COPIES OF WHICH SHALL BE SERVED TO THE WORKMEN CONCERNED AND A PROOF TO THAT EFFECT SHALL BE SUBMITTED ALONG WITH THE APPLICATION.
THE EMPLOYER MAY ALSO FURNISH ANY FURTHER INFORMATION TO THE AUTHORITY SO AS TO ENABLE HIM TO ARRIVE AT A DECISION
WHERE THE PERMISSION TO LAY OFF HAS BEEN GRANTED BY THE AUTHORITY THE EMPLOYER SHALL GIVE A NOTICE OF COMMENCEMENT IN FROM O-1 AND TERMINATION IN FORM O-2 OF SUCH LAY OFF TO THE LABOUR COMMISSIONER (PLEASE SEE FORM O-1 AND O-2)
WHERE PERMISSION IS GIVEN TO CONTINUE A  LAY OFF THE EMPLOYER SHALL GIVE NOTICE OF COMMENCEMENT OF LAY OFF IN FORM O-1 AND ITS TERMINATION IN FORM O-2 TO THE LABOUR COMMISSIONER
THE NOTICE OF LAY OFF SHALL BE GIVEN BY THE EMPLOYER WITHIN SEVEN DAYS OF COMMENCEMENT OR TERMINATION AS THE CASE MAY BE .
PLEASE SEE- FORM O-1, 

                         FORM O-2, 

                         FORM O-3 

                   RELEVANT RULES

 

 

 

 

PERMISSION FOR RETRENCHMENT
APPLICATION FOR PERMISSION SHALL BE SUBMITTED IN FORM  P-A TO THE APPROPRIATE GOVT. (L.G) EITHER PERSONALLY OR BY REGISTERED POST (SEE FORM P-A)
WHERE THE APPLICATION IS SERVED BY REGISTERED POST, THE DATE ON WHICH IT IS DELIVERED TO THE AUTHORITY SHALL BE DEEMED TO BE DATE OF SERVICE.
THE APPLICATION SHOULD BE ACCOMPANIED BY AN ATTESTED COPY OF NOTICE GIVEN TO THE WORKMAN
THE APPLICATION HAS TO BE DELIVERED TO THE APPROPRIATE GOVT. (L.G) EITHER PERSONALLY OR BY REGISTERED POST.
THE APPLICATION  SHALL BE MADE IN TRIPLICATE AND COPIES OF SUCH APPLICATION SHALL BE SERVED BY THE EMPLOYER TO THE WORKMAN AND A PROOF TO THAT EFFECT SHALL ALSO BE SUBMITTED BY THE EMPLOYER ALONG WITH THE NOTICE.
THE EMPLOYER MAY ALSO FURNISH ANY FURTHER INFORMATION TO THE AUTHORITY SO AS TO ENABLE HIM TO ARRIVE AT A DECISION
PLEASE SEE –FORM P-A