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Acme Group Entity Audit Report For All Locations No. ACT SECTION TITLE Forms 1 Rule 6-BB Form A-1 2 Contract Labour Act 7 3 Contract Labour Act 7,8,9 ---- 4 Contract Labour Act 10 ----- 5 Contract Labour Act 16-20 ----- 6 Contract Labour Act 21 --- Bombay Labour Welfare Fund Act Contributions To The Labour Welfare Fund Registration Of Establishment Under Contract Labour Act Form IV, Form B, Affadivate from Contractor's Effect Of Non- Registration Under Contract Labour Act Prohibition Of Employment Of Contract Labour Welfare And Health Of Contract Labour Responsibility For Payment Of Wages To Contract Labour

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Page 1: Audit Report.xls

Acme GroupEntity Audit Report For All Locations

No. ACT SECTION TITLE Forms

1 Rule 6-BB Form A-1

2 Contract Labour Act 7

3 Contract Labour Act 7,8,9 ----

4 Contract Labour Act 10 -----

5 Contract Labour Act 16-20 -----

6 Contract Labour Act 21 ---

Bombay Labour Welfare Fund Act

Contributions To The Labour Welfare Fund

Registration Of Establishment Under Contract Labour Act

Form IV, Form B, Affadivate from Contractor's

Effect Of Non-Registration Under Contract Labour Act

Prohibition Of Employment Of Contract Labour

Welfare And Health Of Contract Labour

Responsibility For Payment Of Wages To Contract Labour

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7 Contract Labour Act 29(1) Registers

8 Contract Labour Act 29(2)

9 Equal Remuneration Act 4 -----

10 Equal Remuneration Act 5 ------

11 Equal Remuneration Act 8, Rule 6 Form D

12 Maternity Benefit Act 19 Abstract

13 Maternity Benefit Act 20

14 17,18 Form VI

15 18 ----

1. Muster cum wage register in Form II udner MWA Act.

Display Of Notices Under The Contract Labour Act

Notice under Rule 62

Equal Remuneration for similar work

Gender Discrimination in recruitment

Registers under Equal Remuneration Act

Display Abstract Of Act And Rules

Maintenance Of Registers And Records

Form 10 & 11.

Maharashtra Contract Labour Rules

Registration Of Establishment Under Contract Labour Act

Maharashtra Contract Labour Rules

Maximum Number Of Contract Workmen

Page 3: Audit Report.xls

16 39-44 ------

17 53, 54 -----

18 55 Form VIII

19 61

20 62

21 63 ----

22 57

23 59

Maharashtra Contract Labour Rules

Welfare And Health Of Contract Labour

Maharashtra Contract Labour Rules

Responsibility For Payment Of Wages To Contract Labour

Maharashtra Contract Labour Rules

Register of Contractors

Maharashtra Contract Labour Rules

Maintenance Of Records and Registers

Wage Register, Muster Register, Contractor Register, etc.

Maharashtra Contract Labour Rules

Display Of Notices Under The Contract Labour Act

Notice under Rule 62

Maharashtra Contract Labour Rules

Annual Return Under The Contract Labour Act

Maharashtra Contract Labour Rules

Contractor - Identity Card

Maharashtra Contract Labour Rules

Contractor - Muster Roll and Registers

Page 4: Audit Report.xls

24 60

25 11

26 12

27 13 Supply Of Forms

28 15 Annual Return

29 21

30 23, 25 Weekly Day Of Rest

31 24, 26

Maharashtra Contract Labour Rules

Contractor - Display of act and rules

Maharashtra Maternity Benefit Rules

Display Abstract Of Act And Rules

Maharashtra Maternity Benefit Rules

Maternity Benefit Register

Maharashtra Maternity Benefit Rules

Maharashtra Maternity Benefit Rules

Maharashtra Minimum Wages Rules

Time and Condition of Payment of Wages

Maharashtra Minimum Wages Rules

Maharashtra Minimum Wages Rules

Hours Of Work and Overtime

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32 27(1) Muster Roll

33 27 (2)

34 28 Inspection Book

35 30

36 Maharashtra Gratuity Rules 3 (1)

37 Maharashtra Gratuity Rules 4 Display Of Notice

38 Maharashtra Gratuity Rules 6

39 Maharashtra Gratuity Rules 20

40 18

Maharashtra Minimum Wages Rules

Maharashtra Minimum Wages Rules

Attendance Card cum Wage Slip

Maharashtra Minimum Wages Rules

Maharashtra Minimum Wages Rules

Maintenance of Registers and Records

Registration Of Establishment

Employee Nominations

Display Of Abstract Of Act And Rules

Maharashtra Private Security Guards Welfare Act

Not to employ children as security guards

Page 6: Audit Report.xls

41 Sc. 14

42

43

44

45 Sc. 26(9)

46

47 26-A(5)

48

49 26-A(6)

Maharashtra Private Security Guards Welfare Act

Principal Employer: Registration of establishment

Maharashtra Private Security Guards Welfare Act

Sc. 26(1), 27

Principal Employer: Hire security guards only from the board

Maharashtra Private Security Guards Welfare Act

Sc. 26(4), 29, 30

Principal Employer: Disburse or remit wages on time

Maharashtra Private Security Guards Welfare Act

Sc. 26(5), 37

Principal Employer: To pay levies and other dues

Maharashtra Private Security Guards Welfare Act

Principal Employer: Records

Maharashtra Private Security Guards Welfare Act

14, 26-A(1) Employer Agencies: Registration

Maharashtra Private Security Guards Welfare Act

Employer Agencies: Renewal of Registration

Maharashtra Private Security Guards Welfare Act

Sc. 26-A(4)

Employer Agencies: Deploy only with registered employers

Maharashtra Private Security Guards Welfare Act

Employer Agencies - Registers and Records

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50 26-A(7)

51 26-A(8)

52 26-A(9)

53 26-B

54 8

55 12-Nov

56 13

57 18 Advances

58 18 (3)

59 20

Maharashtra Private Security Guards Welfare Act

Employer Agencies: Police Verification

Maharashtra Private Security Guards Welfare Act

Employer Agency: Uniforms

Maharashtra Private Security Guards Welfare Act

Compliance with other acts

Maharashtra Private Security Guards Welfare Act

Principal Employers of Agencies: Obligations

Maharashtra Payment of Wages Rules

Notice Of Date Of Payment

Maharashtra Payment of Wages Rules

Application In Respect Of Fines

Maharashtra Payment of Wages Rules

Posting Of List Of Acts And Omissions

Maharashtra Payment of Wages Rules

Maharashtra Payment of Wages Rules

Register Of Advances

Maharashtra Payment of Wages Rules

Display Of Rate Of Wages

Page 8: Audit Report.xls

60

61

62 7(2)

63 10,11,13

64 Hours Of Work

65 15 Interval For Rest

66 16,17 Spread Over

67 18 Weekly Holidays

Bombay Shops and Establishments Act

7, Rules 5,6,7

Registration of an Establishment

Bombay Shops and Establishments Act

7, Rules 5,6

Renewal Of Registration

Bombay Shops and Establishments Act

Display of Registration Certificate

Bombay Shops and Establishments Act

Opening & Closing Hours Of Shops & Establishment

Bombay Shops and Establishments Act

14,63, R. 9,10

Bombay Shops and Establishments Act

Bombay Shops and Establishments Act

Bombay Shops and Establishments Act

Page 9: Audit Report.xls

68 32

69 33,34

70 33,34-A

71 35,36,37 Earned Leave

72 Leave Accumulation

73 35 (4) Additional Holidays

74

75 Cleanliness

Bombay Shops and Establishments Act

Employment Of Children

Bombay Shops and Establishments Act

Employment Of Young Persons

Bombay Shops and Establishments Act

Employment of Women

Bombay Shops and Establishments Act

Bombay Shops and Establishments Act

35 (1) (b), (3)

Bombay Shops and Establishments Act

Bombay Shops and Establishments Act

38,38 (A-C)

Applicability Of Other Legislations

Bombay Shops and Establishments Act

39, Rule 13

Page 10: Audit Report.xls

76 Rule 12

77 40,41

78

79 First Aid Box

80 65

81 Rule 20-A

82 Rule 20

83 Leave Book

Bombay Shops and Establishments Act

Time And Methods For Cleaning Establishments

Bombay Shops and Establishments Act

Ventilation and Lighting

Bombay Shops and Establishments Act

42, Rule 14

Precautions Against Fire

Bombay Shops and Establishments Act

42-A, Rule 15

Bombay Shops and Establishments Act

Restriction On Double Employment

Bombay Shops and Establishments Act

Name Board To Be In Marathi

Bombay Shops and Establishments Act

Registers And Records

Bombay Shops and Establishments Act

Rule 20(5,6)

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84 Notices

85 Visit Book

86 Minimum Wages Act 2(g),27

87 Minimum Wages Act 11,12

88 Minimum Wages Act 13,14

89 Minimum Wages Act 15,16,17

90 Minimum Wages Act 18

91 Payment of Bonus Act Rule 4 (a)

92 Payment of Bonus Act Rule 4 (b)

Bombay Shops and Establishments Act

Rule 20 (7,8)

Bombay Shops and Establishments Act

Rule 20 (13)

Eligibility under the Minimum Wages Act

Payment of Minimum Wages

Hours of Work and Overtime

Other Obligations for Minimum Wage Workers

Registers, Records And Notices

Allocable Surplus Computation Register

Set-On/Set Off Register

Page 12: Audit Report.xls

93 Payment of Bonus Act Rule 4 (c)

94 Gratuity Act 4-A

95 Gratuity Act 4-A(3)

96 Gratuity Act 6

97 Payment of Wages Act 1(6), 2(vi)

98 Payment of Wages Act 4 Wage Periods

99 Payment of Wages Act 5

100 Payment of Wages Act 7 to 13

101 Payment of Wages Act 25 Display Of Notice

21500

Register Showing Bonus Due To Employees

Compulsory Insurance

Registration Of Establishment

Employee Nominations

Eligibility Under Payment Of Wages Act

Time Of Payment Of Wages

Deductions From Wages

Page 13: Audit Report.xls

213009200

30500

LOAN 11000LIC 4000SAVE 4000FOOD 6500AAI 500CONVE 3000ELEL 1500CABLE 300

30800-300

81330

Page 14: Audit Report.xls
Page 15: Audit Report.xls

OBLIGATION Need ACTION AUDIT REQUIREMENT

To pay contributions to the Labour Welfare Fund as precribed

Pay employers and employees contributions to the Labour Welfare Fund every six months before the 15th of July and 15th of January as per the following norms: (i) Employees Contribution at the rate of Rs 6 per employee drawing wages upto Rs 3000 per month and Rs 12 per employee drawing wages exceeding Rs 3000 (ii) Employers Contribution at the rate of Rs 18 per employee drawing wages upto Rs 3000 per month and Rs 36 per employee drawing wages exceeding Rs 3000 (iii) These rates may be increased by notification in the official gazette (iv) The employer can recover the employees contribition be deducting it from the wages. Deductions shall not be made in excess of the amount paid as employees contribution (v) Contributions shall be paid by cheque, money order or cash (vi) The employers contribution cannot be reovered or deducted from the wages of the employee

Have all contributions been paid to the Labour Welfare Fund as prescribed ?

To register an establishment to which this Act applies with the registering officer

If the establishment has not been registered yet, apply for registration in the prescribed form and manner to the registering officer and obtain a certificate of registration from the registering officer

If the Contract Labour Act applies to the establishment, has the establishment been registered with the registering officer ? Has a certificate of registration been obtained ?

To employ no contract labour in the establishment if it has not been registered or the registration has been revoked

Ensure that contract labour are not employed in the establishment if it has not been registered in accordance with the act or if the registration certificate is invalid or has been revoked

If the establishment has not been registered under the Contract Labour Act. have no contract labour been employed ?

To ensure that no contract labour is used for any process, operation or other work which is prohibited by the Government

Ensure that no contract labour is used in any process, operation or other work which has been prohibited by the Government by notificaion in the Official Gazette

Has contract labour been used for any process, operation or other work which is prohibited by the Government ?

To ensure the provision of canteens, rest rooms, first aid and other facilities to contract labour in accordance with the act at the expense of the contractor

To directly provide at the expense of the contractor, or to ensure that the contractor provides a) Canteens in accordance with the Contract Labour Rules if the number of contract workmen ordinarily exceeds 100 b) Where contract labour is required to halt at night, sufficiently lighted and ventilated rest rooms maintained in a clean and comfortable condition c) A sufficient supply of wholesome drinking water d) a sufficient number of latrines and urinals as prescribed in the rules e) washing facilities f) A readily accessible first aid box with the contents prescribed in the rules

Have the requisite welfare and health facilities been provided to all contract labour in the establishment ?

To ensure full payment of wages to all contract employees employed at the establishment

Ensure that the contractor puts up a notice showing the wage period and place and time of disbursement of wages.Nominate a representative to be present at the time of disbursement of wages by the contractor who will certify the amounts paid as wages to each workman. In case wages are not paid in full by the contractor, the employer has to pay the balance amount due and recover the money from the contractor

Are all contract employees paid their full wages in the presence of a representative of the establishment ?

Page 16: Audit Report.xls

To maintain the prescribed set of registers under the Contract Labour Act

Maintain all registers and records prescribed under the relevant state rules, giving the particulars of contract labour employed, the nature of work performed by the contract labour, rates of wages paid and other such particulars as may be prescribed

Are all prescribed registers and records under the Contract Labour Act being maintained ?

To display notices regarding various details under the Contract Labour Act and state rules

To display all prescribed notices in the appropriate forms in the manner prescribed in the state rules

Are notices with requisite details under the Contract Labour Act being displayed in the prescribed manner ?

To ensure equal remuneration to men and women for work of the same or a similar nature

Establish a policy that ensures that no discrimination in wages is made between men and women for the same work or work of a similar nature strictly on account of the gender of an employee. No employees remuneration can be reduced in order to comply with this obligation.

Is no discrimination made in determining the wage of any type of employee on account of their gender ?

To ensure no discrimination is made while recruiting men and women workers.

Establish a policy that ensures that no discrimination is made against women while recruiting for the same work or work of a similar nature, or in any conditions of service, promotions, training or transfer after recruitment, except where the employment of women is prohibited by law.

Do policies ensure that no discrimination is made against women during recruitment and in service conditions for the same work or work of a similar nature ?

To maintain a register in the prescribed format regarding workers employed in the establishment.

Maintain a Register with details of people employed as specified in Form D at the place where the workers are employed.

Is a register of employees under the Equal Remuneration Rules being maintained ?

To exhibit conspicuously, in every part of the establishment where women are employed, an abstract of the Maternity Act and rules thereunder in the language/s of the locality

Ensure an abstract of the Maternity Act and rules thereunder in the language/s of the locality is exhibited conspicuously in every part of the establishment where women are employed

Is an abstract of the Maternity Benefits Act displayed conspicuously in every area where women are employed ?

To maintain such registers and records as may be prescribed in the State Rules for the establishment

Ensure that all registers and records are maintained as required in any State Rules under the Maternity Act applicable for that region

Are all registers and records maintained as required in any State Rules under the Maternity Act applicable for that region ?

To register an establishment to which this Act applies with the registering officer

If the establishment has not been registered yet, apply for registration in Form I in triplicate to the registering officer either in person or by registered post, accompanied by a treasury receipt showing registration fees and obtain an acknowledgment of the application and a certificate of registration from the registering officer

If the Contract Labour Act applies to the establishment, has the establishment been registered with the registering officer and a certificate of registration obtained ?

Not to exceed the maximum number of contract labour as specified in the certificate of registration

Ensure the maximum number of contract labour employed in the establishment does not exceed the number specified in the certificate of registration

Has the number of contract labour employed always been below the number permissible in the certificate of registration ?

Page 17: Audit Report.xls

To ensure the provision of canteens, rest rooms,latrines and urinals. washing facilities and other facilities to contract labour in accordance with the act at the expense of the contractor

To directly provide at the expense of the contractor, or to ensure that the contractor provides a) Canteens in accordance with the Contract Labour Rules if the number of contract workmen ordinarily exceeds 100 (R 40) b) Where contract labour is required to halt at night in connection with the work of the establishment, and in which employment is likely to continue for 3 months or more, provide rest rooms or other accomodation as may be required by the Commissioner of Labour. (R 39) c) A sufficient supply of wholesome drinking water (R 43) d) a sufficient number of latrines and urinals (R 41) e) washing facilities (R 42) f) A readily accessible first aid box with the contents prescribed in the rules (R 44) Specifications for these are contained in Chapter V,Rules 39-44 of the Maharashtra Contract Labour Rules, 1971

Have the requisite welfare and health facilities been provided to all contract labour in the establishment ?

To ensure full payment of wages to all contract employees employed at the establishment

Ensure that the contractor puts up a notice showing the wage period and place and time of disbursement of wages. Nominate a representative to be present at the time of disbursement of wages by the contractor who will certify with his signature at the end of the Register of Wages, the amounts paid as wages to each workman.

Are all contract employees paid their full wages in the presence of a representative of the establishment ?

To maintain a register of contractors in respect of each establishment

Maintain a register of contractors in Form no VIII in respect of each registered establishment.

Is an upto date register of contractors maintained in the appropriate format ?

To maintain all records and registers as prescribed

Ensure that all registers and records under the act and rules are (a) Maintained legibly in English, in Hindi or in Marathi (b) kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of three kilometers. (c) preserved for a period of 3 calendar years from the date of the last entry made in them

Are all registers and records under the Act and Rules maintained in the prescribed manner and for te prescribed period ?

To display notices regarding various details under the Contract Labour Act

The contractor or the principal employer to display conspicuously at the work site, in a clean and legible condition, a notice in English and in Hindi or Marathi, a notice showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of inspectors having jurisdiction and date of payment of unpaid wages. A copy of the notice is to be sent to the Inspector, and any changes in the notice have to be communicated to him.

Are notices with requisite details under the Contract Labour Act being displayed conspicuously in English and in Hindi or Marathi ?

To file an annual return with the Registering Officer

To file an annual return in duplicate in Form XXI with the registering officer not later than 15th February.

Has an annual return under the Contract Labour Act been filed so as to reach not later than the 15th of February ?

To ensure that the contractor issues an identity card to each contract labourer employed in this establishment

Ensure that the contractor issues an indentity card in From No. X to each worker on the first day of the employment of the worker. Each worker should carry his identity card while employed, and the card shall be maintained up-to-date

Does each contract labourer in the establishment hold an identity card issued by the contractor ?

To ensure that the contractor maintains the required registers for this establishment.

If the establishment is covered under the Payment of Wages Act or the Minimum Wages Act, the contractor, in respect of this establishment, shall maintain in the formats specified under those acts: (a) Muster Roll;(b) Register of Deductions;(c) Register of Overtime; (d) Register of Fines; (e) Register of Advances. If the establishment is not covered under the above, the contractor shall (a) maintain in respect of this establishment a Muster Roll cum Wage Register as prescribed by Rule 27(2) of the Maharashtra Min. Wages Rules (b) issue wage slips as prescribed by Rule 27(2) of the Maharashtra Min. Wages Rules (c) obtain the signature and thumb ompression of every worker on the register of wages (d) Ensure the entries are authenticated by the contractor or his representative and certified by the employer's representative.

Does the contractor maintain all the required registers for this establishment ?

Page 18: Audit Report.xls

To display an abstract of the acts and rules

Ensure that the contractor displays at the place of work, an abstract of the act and rules in English, and in Hindi or Marathi in a form approved by the Commissioner of Labor.

Is a notice displaying an abstract of the act and rules put up by the contractor at the place of work ?

To exhibit conspicuously, in every part of the establishment where women are employed, an abstract of the Maternity Act and rules thereunder in the language/s of the locality

Ensure an abstract of the Maternity Act and Rules, in Form 9, is exhibited conspicuously in every part of the establishment where women are employed, in the language/s of the locality

Is an abstract of the Maternity Benefits Act displayed conspicuously in every area where women are employed ?

To maintain a maternity benefits register

If women are employed in the establishment, Maintain a Maternity Benefits Register in Form 10 and keep it uptodate. All entries in the register are to be made in ink and the register should be kept open for inspection during working hours. The register should be rpeserved for a period of three years commencing from the date of the last entry.

Is a Maternity Benefits Register being maintained up to date with all entries made in ink ?

To supply forms under the rules on application from a woman employee

On an application made by a woman employee, supply her with copies of any forms other than Forms 9, 10 and 11

Are all the Forms under the Maternity Benefit Rules being supplied to Woman Employees on request ?

To submit an Annual Return under the Maternity Benefits Act

Submit an Annual Return in Form 11 to the appropriate authority by the 15th of January

Has an annual return under the Maternity Act been submitted in Form 11 to the appropriate authority ?

To pay wages without unauthorised deductions within the time period specified in the Payment of Wages Act.

Ensure Wages are paid before the expiry of : a) The 7th day where < 1000 people are employed b) the 10th day in other establishments after the last day of the assigned work period. c) If employment is terminated by the employer, before the expiry of the 2nd day after termination. No deduction can be made from wages except those listed in Sec 21 (2) of the Rules

Have all wages been paid within the stipulated time without unauthorised deductions for employees covered under the Payment of Wages Act ?

To allow a rest day, ordinarily on Sunday to all employees in every scheduled employment .

In cases of scheduled employment, allow a rest day, ordinarily on Sunday to all employees unless any other day has been fixed as the day of rest. The rest day is to be allowed provided the employee has worked for a minimum of 6 continuous days (see Rule 23 (1) (a-c). An employee has to be informed of the rest day or any changes in the rest day by a display of a notice in a place specified by the Inspector. An employee cannot work on a rest day unless he is given a compensatory rest day for a whole day. The employee needs to be given prior intimation of the rest day and the substituted day. No employee can work more than 10 continuous days without a rest day. Wages for the rest day should be as per the provisions in Rules 23 (3) and (4). If a worker works on a shift which extends beyond midnight, a holiday means a period of 24 consecutive hours after the end of the shift.

Is a day of rest allowed to all the employees who have worked for a continuous period of 6 days in a Scheduled Employment ?

To ensure workers covered under the Minimum Wages Act are paid overtime for working beyond the prescribed hours

Ensure that employees covered under the Minimum Wages Act have a normal working day of not more than 9 hours for an adult, 7 hours for an adolescent and 4 1/2 hours for a child. The working day for an adult or adolescent cannot be spread over more than 12 hours, and 5 hours for a child. No adult or adoloscent can be made to work for more than 5 hours before he has a rest of at least half an hour. Ensure that employees are paid overtime @ minimum of double the basic rate for hours worked beyond 9 hours a day or 48 hours a week.

Are workers covered under the Minimum Wages Act being paid overtime for working beyond the prescribed hours ?

Page 19: Audit Report.xls

Maintain a Muster Roll for all employees working in scheduled employments under the Minimum Wages Act

Maintain in Form II, a Muster Roll cum Wage Register for all employees working in scheduled employments under the Minimum Wages Act unless Forms 17 & 19 of the Maharashtra Factory Rules and Form II of the Payment of Wages Rules is being maintained. The register must contain the following details for each employee: (a) Gross & Net Wages For Each Wage Period (b) All Deductions From Wages (c) Minimum Rate Of Wages Payable (d) Hours of Overtime worked (e) Amount of Leave with Wages

Is a Muster Roll cum Wage Register being maintained for all employees working in scheduled employments under the Minimum Wages Act ?

To issue all employees with an attendance card cum wage slip

Issue all employees with an attendance card cum wage slip and ensure that a person authorised by the employer makes relevant entries daily and every month. The card shall be in the posession of the employee.

Have all employees covered under the Minimum Wages Act been issued with an attendance card cum wage slip ?

To maintain an inspection book where Inspectors can record their observations

Maintain a bound inspection book which is available on demand to an Inspector

Is an Inspection Book maintained for Inspectors to note their observations ?

To preserve Registers and Records for a period of 1 year.

Ensure that all Registers and Records required to be maintained under these rules are being preserved for a period of 3 Years after the date of last entry made in it. All registers and records maintained under these rules shall be produced to an Inspector having jurisdiction over the area on request.

Are all registers, records and notices under the act being preserved for a period of 12 months after the date of last entry ?

To register the organisation with the controlling authority appointed under the Gratuity Act

Prepare and Submit Form 'A' (Rules) to register the establishment with the controlling authority under the Gratuity Act within 30 days of opening of the establishment.

Is the establishment registered with the controlling authority appointed under the Gratuity Act

To display a notice specifying the name of officer authorised to receive notices under the Act or Rules.

Display a notice at or near the main entrance of establishment in bold letters, in English and in a language understood by the majority of the workmen, specifying the name of officer with designation authorised by the employer to receive notices under the Act or Rules. Ensure that a fresh notice is displayed immediately after the notice becomes illegible or requires any change.

Is a notice specifying the name of officer authorised to receive notices under the Act or Rules displayed conspicuously near the entrance of the establishment ?

Ensure employees file valid nomination forms with the organisation

On completion of one years service, obtain employee nominations for gratuity in Form F (Rules). Check all details in the nomination form for validity and return an attested copy of this Form to the employee. Ensure that only family members are nominated if employee has a family. If an employee acquires a family, a fresh nomination has to be obtained in Form G. The employee is obligated to register any changes in nomination details with the employer in Form H. Nominations are to be valid at all times

Do valid gratuity nominations exist for all employees ?

To display a notice of the abstracts of the Act in English and the language of the majority of the employees at a conspicuous place

Prepare a notice containing the abstracts of the Payment of Gratuity Act and Rules and display this notice In English and in the language understood by a majority of the persons employed in a conspicuous place at or near the main entrance of the establishment

Is a notice of the abstracts of the Act in English and in the language of the majority of the employees, displayed in a conspicuous place ?

Not to employ children as security guards

No child shall be required or allowed to work as a Security Guard. Explanation.- "Child" means a person who has not completed fourteen years of age.

Are no children employed as security guards in the establishment ?

Page 20: Audit Report.xls

Principal employer to register the establishment with the board

An employer of any establishment coming into existence after the commencement of the Scheme shall apply for registration to the board simultaneously on the commencement of his business. Explanation.- Registration of a principal employer means registration of a specific establishment of the principal employer with respect to a specific area, specified in the registration form; and shall not include any other branches or ancillary establishments of the principal employer unless, they are specifically mentioned by the principal employer at the time of registration with the Board.

Has the establishment and all branches or ancillary establishments of the principal employer been registered with the Security Guards Welfare board ?

Not to employ security guards other than those allotted to them by the board.

A registered principal employer shall not employ a Security Guard other than a Security Guard who has been allotted to him by the board. or security guards registered with the Board or the security guards of the registered employer agency registered with the Board.

Have no security guards been employed other than those allotted by the board or those belonging to registered employer agencies?

To disburse wages to guards or to remit the wages to the board in accordance with the instructions from the board

The wages and other allowances payable to the registered security guards of the Board every month shall be remitted by cheque to Secretary of the Board, within such time after the end of the month, as may be specified by the Board. The Board may, if it thinks fit, and subject to such conditions as may be laid down by it, allow a registered principal employer to pay directly to the registered security guards of the Board the wages and other allowances after making authorised deductions within such time and in such a manner as may be specified by the Board. The employer shall send to the Board a statement of such payment within such time and in such form as may be specified by the Board:

Have all wages of security guards been disbursed or remitted to the board as appropriate ?

To pay levies and other dues to the board on direction from the board

A registered principal employer shall pay to the Board in such manner and at such times as the Board may direct, the levy payable under Clause 37(1) and the gross wages due to Security Guards and any other amount due to Security Guards.

Have all levies and wages and amounts due to security guards been paid to the board as directed by them ?

To maintain records related to registered security guards and the work upon which they have been employed

A registered principal employer shall keep such records as the Board may require, and shall produce before the Board upon reasonable notice all such records and any other documents of any kind relating to registered Security Guards and to the work upon which they have been employed and furnish such information as may be ordered by the Board.

Are all records and documents relating to security guards as required by the board, being maintained ?

To register an agency employing security guards with the board

Every employer agency which has directly employed private security guards shall get itself registered with the Board by applying in the form prescribed by the Board alongwith the process fee at the rate of Rs.100 per security guard at the time of application within a period of two months from the date of employing of a security guard. At the time of registration, the agency, shall file with the Board, the list of their registered principal employers and the names and details of the security guards employed with them, working with the respective registered principal employers.

Is the agency registered with the board ?

To renew the registration and exemption every three years.

An employer agency shall apply for renewal of registration and exemption after every three years in the like manner and on payment of like registration fees and process fees at the rate of Rs.100 per security guard for renewal of registration and exemption granted.

Does the agency hold a valid unexpired registration ?

To deploy security guards only with registered principal employers as per the list of principal employers submitted to the board

The registered employer agency shall deploy the security guards employed by it only in the establishment and factories of registered principal employers of the Board, and as per the list of the registered principal employer submitted to the Board. Security guards will be deployed to no other principal employers.

Have all security guards been deployed only with registered principal employers as per the list of principal employers submitted to the board ?

To maintain and produce registers and records relating to payment of wages and leave as prescribed under relevant acts

Registered employer agency shall maintain registers and records of security guards in their employment, relating to payment of wages and leave and other facilities provided to them under the relevant Acts and the same shall be produced before the competent authorities of the Board, when directed by the Board.

Are all registers and records relating to payment of wages and leave as prescribed under relevant acts being maintained ?

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To conduct a police verification of each security guard within two months of employment

Every registered employer agency shall get done the police verification of every security guard on its pay-roll, within a period not later than two months, from the date of employing the Guard.

Have all security guards been police verified within two months of employment ?

Not to prescribe uniforms that resemble army or police uniforms

No registered employer agency shall, at any time, prescribe or supply to its security guards, uniform which in any way resembles to that of the Indian Army or Police-force.

Do uniforms provided to security guards not resemble army or police uniforms ?

To comply with all other labour legislation applicable to the agency

Every registered employer agency shall comply with the provisions of the Minimum Wages Act, 1948 , the Payment of Wages Act, 1936 , the Payment of Gratuity Act, 1972 , the Employees' Provident Funds, and Miscellaneous Provisions Act, 1952 and the Contract Labour (Regulation and Abolition) Act, 1970 or any other Act as may be applicable to them, for the time-being.

Are all labour legislation applicable to the agency being complied with ?

To submit all information regarding employment of security guards through agencies to the board and to ensure compliance of all directions of the board by the agency.

The principal employer of any registered employer agency shall submit all information regarding employment of security guards through employer agency, to the Board. In case the registered exempted employer agency fails to comply with any of the directions of the board, then the ultimate liability to comply with such directions shall lie on the registered principal employer in whose establishment or factory such security guards supplied by the such defaulting registered employer agency are deployed.

Is all required information regarding employment of security guards to agencies being submitted to the board ?

To display a notice specifying the date of Payment of Wages

Every Paymaster should ensure that a notice specifying the days on which wages will be paid is displayed at or near the main gate of the establishment .The notice should be in English and in the language understood by a majority of the Workmen,

Is the notice giving the date of Payment of Wages displayed at or near the main entrance of the Factory ?

To send an application to Chief Inspector if the paymaster wishes to impose fines

Every paymaster requiring the power to impose fines in respect of any acts and omissions on part of employed persons should send to the Chief inspector a list in English, in duplicate defining such acts and omissions and in cases where the paymaster himself does not intend to be sole person empowered to impose fines, a list in duplicate, showing those appointments in the Factory the incumbents of which may pass orders imposing fines and class of establishments on which the incumbent of each such appointment may impose fines.

Has an application been sent to the Chief Inspector requesting the right to impose fines alongwith a list of people empowered to impose fines ?

To post an approved list of acts and omissions that could lead to a fine

Ensure that a list of acts and omissions that could lead to a fine, approved under Rule 11 and 12, is displayed at or near the main entrance of the establishment. Further ensure that list is in English together with a literal translation in a language understood by the majority of the workmen

Is a list of acts and omissions that could lead to a fine displayed at or near the main entrance of Factory ?

All advances and repayment should be according to the prescribed Rules.

Ensure that advance of wages not already earned does not exceed an amount equivalent to the wages earned by the employed person during the preceding 4 calendar months, or if he has not been employed for that period, the wages he is likely to earn during the subsequent 4 calendar months. The advance can be recovered by way of deductions spread over a period of not more than 18 months. No instalment can exceed one-third (one-fourth where wages are 20 Rs or less) of the wages for the wage period in respect of which the deduction is made. The rate of interest shall not exceed 6 1/4% per annum.

Are payment of all advances and repayments of such advances made in accordance with Rule 18 ?

To maintain a register of all advances sanctioned and payments made

Maintain a register in Form IV which contains details of all advances sanctioned and payments made thereof. Provided that if the employer is maintaining muster roll cum wage register in Form II prescribed by the Maharashtra Minimum Wages Rules, he need not maintain the register under this sub-rule. Preserve these registers for a period of 3 Years from the date of the last entry.

Is a register of advances being maintained in Form IV ? Are the registers being maintained as prescribed ?

To display rates of wages payable to employees

Ensure that the paymaster displays a notice specifying the rates of wages payable to all persons employed other than those employed in a position of supervision and management

Is a notice displayed regarding the rates of wages payable to employees ?

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To register the establishment in the prescribed form with the Chief Inspector and pay the prescribed fees within 90 days of the date on which the establishment commences work

If the establishment has not been registered with the Chief Inspector, submit Form A with the prescribed fees (Schedule I) to the Inspector and obtain a registration certificate in Form D for the establishment. If a registration certificate is lost, destroyed or defaced, obtain a duplicate certificate from the inspector. Also submit a list of weekly closed days for the balance part of the calendar year.

Has the establishment been registered with and the prescribed fees paid to the Chief Inspector within 90 days of the date on which the establishment commences work ?

To renew the certificate of registration before it expires

On expiry of the registration certificate (1-3 Years after the date of issue), make an application in Form B accompanied by the Registration Fees (Schedule I) for the period of registration and obtain a registration certificate in Form D. Ensure that application for renewal is made at least 15 days before expiry. Late registration upto 30 days after expiry will attract a penalty of 50% of the fee.

Does the establishment have a valid registration certificate ? Was the application for renewal made at least 15 days before expiry ?

To display the registration certificate prominently in the establishment

On obtaining a valid registration certificate, arrange for it to be displayed prominently in the establishment

Is the registration certificate displayed prominently in the establishment ?

Not to keep a shop or establishment open for service beyond the hours specified by the Government in its Notifications/Orders

Ensure that the Shops or establishment is not opened /closed before/after the timings as fixed by the government as follows: (a) Commercial Establishments cannot remain open before 8:30 a.m .and after 8:30 p.m. (b) Shops cannot remain open before 7 a.m. and after 8:30 p.m. except for the shops listed in Rule 10 and Rule 11 These timings are subject to change, generally, and specifically for different classes of shops and establishments and for different areas by the Government by Special Order.

Has the establishments opening and closing hours been in compliance with the timings specified by the Government ?

Ensure that no employee is allowed to work beyond the prescribed daily and weekly hours, and that overtime at double wages does not exceed limits

To monitor the number of hours worked by all employees and ensure they do not exceed 8 hours a day or 48 hours a week. An employee can also work a maximum of 6 hours a week on payment of overtime wages at twice the normal rate. An employer may, on not more than 6 days a year on days prescribed by the State Government (Rule 9), require an employee to work overtime upto a maximum of 24 hours in one year for the purposes of stocktaking, accounts, settlements or other prescribed occasions after submitting a notice of intention to the Inspector in English, Marathi, Gujarati and Hindi at least 24 hours before such a day.

Have employees been paid overtime wages for work performed beyond normal working hours ? Have no employees worked more overtime than the maximum prescribed ?

Ensure that no employee is required to work more than 5 continuous hours without an interval for rest

Fix a time for an interval of at least one hour (half an hour if engaged in a manufacturing process) for rest for all employees such that no employee is required to work more than 5 hours at a stretch. In establishments other than a shop the inspector may reduce the intervals for rest to half-an-hour on application made with the consent of employees.

Has a time period been prescribed as an interval for all employees such that no employee works more than 5 hours at a stretch ?

Ensure that the total daily period of work for all employees inclusive of interval does not exceed 12 hours

Monitor employee work periods to ensure that the total daily period of work for all employees inclusive of interval does not exceed 11 hours in any establishment or shop. Provisions For A Shop: If a shop is entirely closed for at least 3 hours continuously, the spreadover cannot exceed 12 hours. If an employee works overtime, the spreadover cannot exceed 14 hours, and 16 hours on days of special overtime as per Section 14 (3)

Is the work period inclusive of interval not more than the prescribed spreadover for all employees ?

To keep every shop and commercial establishment closed once a week

Every Shop and Establishment is to remain closed on one day of the week. Where this day of the week is not fixed by the State Government for this location or class of establishment, prepare a calendar list of closed days at the beginning of the year, notify the Inspector of this list and display it in a conspicuous place. Ensure the establishment is closed and no employee is allowed to work on the close day. It is not lawful to ask any employee to go to any place in connection with business on the day when the establishment remains closed. No deduction from wages will be made from the employee on account of the close day. Any changes in the close day have to be notified to the inspector at least 7 days in advance

Has the establishment been kept closed on every weekly close day ?

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Not to allow any child to work in any establishment

Ensure that no person less than 14 years old is employed in the establishment even is the child is a member of the family of the employer

Are all employees working in the establishment above the age of 14 ?

To ensure young persons are not allowed to work beyond stipulated hours

Do not allow any person between 14 and 17 years of age to work before 6 a.m and after 7 p.m.The maximum number of hours a young person can be required to work is 6 in a day. No young person can work for more than 3 hours a day without a rest interval of at least half an hour. No young person is permitted to be employed in dangerous work. as defined by the Government in the Official Gazette

Are no young people working more than the stipulated hours of work? Are no young people employed in dangerous work ?

Not to require women employees to work beyond the prescribed times or in dangerous work

Do not allow any woman employee to work before 6 a.m and after 8:30 p.m. No woman is permitted to be employed in dangerous work as defined by the Government in the Official Gazette

Are no woman employees required to work beyond the prescribed timings and in dangerous work ?

To allow all employees their full earned leave entitlements under the act

Ensure that all employees are allowed to avail leave with full pay at their request subject to the following: a) Minimum earned leave of 21 days for an employee who has worked at least 240 days in a continuous period of 12 months (b) a) Minimum earned leave of 5 days for every 60 days worked, for an employee who has been employed for not less than 3 months. An employee who has been allowed leave has to be paid half the wages due to him for the period of the leave. An employee entitled to leave, who leaves or is discharged from employment, before being allowed the leave or after being refused leave, shall be paid the wages due in respect of that leave

Have all employees been permitted their full entitlement of earned leave and paid in advance for the period of leave if they desired it ?

To allow employees to accumulate their earned leave

Allow employees to accumulate up to a maximum of 42 days of earned leave. If an employee is refused leave he is entitled to, the employee may intimate the Inspector with a copy to the employer, and the employee has to be permitted to carry forward the unavailed leave without limit

Are all employees permitted to accumulate unavailed earned leave upto 42 days ? If employees are refused leave, are they permitted to carry it forward without limit ?

To provide additional holidays with wages on specified days

Every employee irrespective of period of employment is entitled to additional holidays with full wages on the 26th of January, 1st May, 15th August and 2nd October every year. Any employees who are required to work on these days shall receive double wages as overtime in addition to a compensatory holiday

Are all employees who are required to work on the specified additional holidays provided double the normal wages in addition to a compensatory holiday ?

To apply the provisions of other employment legislations as specified in the act

(a) The Workmens Compensation Act shall apply to all employees covered by this act as if they were workmen under the Workmens Compensation Act (b) The Industrial Standing Orders Act and Bombay Rules, including model standing orders, shall apply to workmen as defined in that act to all establishments where 50 or more employees are employed (c) The State Government may by order apply any or all of the provisions of the Maternity Benefits Act, to women employed in establishments where this Act applies. (d) The State Government may by order apply the provisions of the Payment Of Wages Act for certain classes of establishments, class of employees or local areas

Are the provisions of all other employment legislations prescribed being applied where relevant to employees in this establishment ?

To keep the premises clean and free from effluvia

The premises of every establishment is to be kept clean and free from effluvia arising from any drain or privy or other nuisance. No rubbish, filth or debris should be allowed to accumulate or remain on the premises such that effluvia can arise from them within the establishment

Have effective measures been taken to keep the establishment clean and free from effluvia ?

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To carry out lime washing, colour washing, painting or varnishing at the prescribed frequency and maintain a register showing days when these processes are carried out

Maintain a Register in Form F showing dates in which lime washing, colour washing, painting or varnishing is carried out. All the inside walls of the rooms and all the ceilings and tops of such rooms, whether they are plastered or not, shall be lime washed or colour washed at least once every two years, and if they are rendered unclean, even earlier if directed to do so by the local authority. All the beams, rafter, doors, window frames and other woodwork with the exception of floors, shall be either painted or varnished once in seven years. These obligations do not apply to (i) rooms that are used only for storage of articles (ii) walls or tops of rooms which are made of galvanised iron, tiles, asbestos sheets, or similar material or glazed bricks

Have all parts of the establishment been lime washed, colour washed, painted or varnished at the required frequency, and have the dates of these processes been maintained in the register ?

To keep the premises sufficiently ventilated and well lit during working hours

To ensure that all areas of the establishment have sufficient provision for ventilation by such methods as may be prescribed. The premises of every establishment shall be sufficiently lighted during all working hours.

Are the premises sufficiently lighted and ventilated during all working hours ?

To adopt all safety precautions against fire as prescribed.

Adopt all safety precautions against fire as prescribed for the establishment. Ensure that people are not allowed to smoke or use a naked light or cause a naked light to be used in the immediate vicinity of an inflammable material

Are all safety precautions with regard to fire being carried out as prescribed ?

To maintain a first aid box with the prescribed equipment in all establishments where a manufacturing process is carried out

If a manufacturing process (as defined in Sec 2(k) of the Factories Act) is carried on, provide a first aid box with a book on instructions on first aid and the items of medical equipment mentioned in Rule 15.

Is a first aid box with the specified equipment being maintained in the establishment if a manufacturing process is carried out ?

Not to permit double employment of any employees on leave or holiday

To restrict any employee from working in any other establishment on a day or part of a day on which he is given a holiday or is on leave.

Are no employees who are leave or holiday from any establishment under the act permitted to work in this establishment on such leave or holidays ?

To display a name board for an establishment in Marathi

Ensure that the name board of the establishment is displayed in Marathi in Devanagiri Script. The name board can be displayed in other languages alongside the Marathi version

Is a name board for the establishment displayed in Marathi ?

To maintain registers and records as required under the Act

To maintain a register of employment in Form H or J of the Rules, and a register of leave in Form M of the Rules with respect to all employees covered under the act. All entries are to be made in these registers on the same day and have to be authenticated by the employer or the manager. Registers have to be maintained in Marathi, Devanagiri Script or English. All registers and records are to be maintained for a period of two years after the last entry. If a muster roll or wage register is maintained under the Minimum Wages Rules, it is not necessary to maintain the register of employment or leave. An employer can apply for exemption from maintaining any register or muster roll if he already maintains all the data required for that register in another register

Are a register of employment,and a register of leave being maintained, and entries made in them on a daily basis ? Are all registers and records maintained for two years ?

To provide every employee with a Leave Book to maintain the employees leave details

Provide every employee with a leave book in Form N. The book shall always be the property of the employee and it may not be demanded except to make entries in it, and will not be kept for more than a week at a time. If an employee loses his leave book, provide him another copy on payment of 50 paise. If an employees wages are below Rs 300, the employer may, with the written consent of the employee, maintain the leave book in his custody. If a muster roll or wage register is maintained under the Minimum Wages Rules, it is not necessary to provide employees with leave books.

Has every employee been provided with a Leave Book ?

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To maintain all notices under these rules in the specified manner

In a residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment, Exhibit a notice in Form L, specifying the day or days of the week on which his employees shall be given a holiday (such notice being exhibited before the employees to whom it relates cease work on the Saturday immediately preceding the first week during which it is to have effect). This notice should also be displayed in a shop or commercial establishment which is entitled to exemption from section 18(1) of the Act subject to the condition that employees concerned are given one day in a week as a holiday and no deductions are made from their wages on account thereof Any notice required to be exhibited under these rules shall be exhibited such that it is readily seen and read by all people whom it affects. Notices should be replaced when they become defaced or are not clearly legible. Every employer shall exhibit in his establishment, a notice containing extracts of the acts and rules in the prescribed manner and in the languages of the majority of its employees

Is a notice in Form L regarding holidays, displayed in the establishment if required ? Are all notices under these rules maintained in the specified manner ?

To maintain an Visit Book for Inspectors To Record Their Observations

Maintain a Visit Book in which an Inspector visiting the establishment may record his remarks regarding compliance with the Act. The book shall be produced whenever required by the Inspector. The Inspection Book should be as per the specifications prescribed in Rule 13 (b). If the book is lost, the loss should be reported immediately to the Inspector and a new book created.

Is a bound visit Book being maintained as prescribed ?

To check whether any workmen are covered under the Minimum Wages Act.

Examine the Schedule under Section 2(g) of the act to see if any workmen employed fall within the definition listed in the schedule and obtain a legal opinion on coverage for each job.

Are any employees covered under the Minimum Wages Act ?

To pay the minimum wage specified by the Government to all workers employed in Scheduled employments

Examine notifications of scheduled jobs and ensure all workers in those employments are paid the minimum wage as specified in notifications from the Government. Minimum Wages are payable in Cash. No unauthorised deductions are to be made from the wages.

Are all workers in scheduled employments being paid at least the minimum wage in cash, without unauthorised deductions ?

To ensure workers covered under the Minimum Wages Act are paid overtime for working beyond the prescribed hours

Ensure that employees covered under the Minimum Wages Act have a normal working day of not more than the prescribed hours and with the prescribed intervals. Ensure that employees are paid overtime at the prescribed rate for hours worked beyond the number prescribed. Every worker shall be allowed a fixed day of rest every week. An employee working on a rest day will be paid at a rate not less than the overtime rate.

Are workers covered under the Minimum Wages Act paid overtime for working beyond the prescribed hours ?

To ensure compliance with Sections 15,16 & 17 of the Minimum Wages Act with respect to Employees covered by the Act

a) Ensure workers are paid a full days wages if they work for less than the full day except on account of their unwillingness to work b) An employee who does 2 or more classes of work should be paid the minimum rate for each of those tasks pro-rated for the time spent on each. c) An employee who is employed on piece work shall be paid time rate wages if no piece rate wages are specified in the act.

Have Sections 15,16 & 17 of the Minimum Wages Act been complied with in respect to Employees covered by the Act ?

To maintain the prescribed registers and records

Maintain all prescribed registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and any other prescribed particulars. Display all prescribed notices in the manner prescribed. Maintain wagebooks and issue wage slips as per the guidelines

Are All Prescribed Registers, Records and Notices being maintained ?

To maintain an Allocable Surplus Register in the format specified under the Bonus Act

Maintain a Register showing the computation of the allocable surplus for each annum in Form A, Bonus Rules

Is an Allocable Surplus Register being maintained in the format specified under the Bonus Act ?

To maintain a Set-On/Set-Off Register in the format specified under the Bonus Act

Maintain a Register showing the set-on and set-off of the allocable surplus for each annum in Form B, Bonus Rules

Is a Set-On/Set-Off Register being maintained in the format specified under the Bonus Act ?

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22550

To maintain a Bonus Due Register in the format specified under the Bonus Act

Maintain a Register showing the details of the amount of bonus due to each employee in Form C, Bonus Rules

Is a Bonus Due Register being maintained in the format specified under the Bonus Act ?

To obtain insurance in the prescribed manner for the financial liability for payment towards Gratuity

Evaluate the organisations liability for payment towards gratuity and obtain insurance from the LIC or a prescribed insurer for this amount or if the organisation already has an approved gratuity fund, finance the fund to the extent of the liability

Is there adequate Insurance Cover/ is the gratuity fund adequately funded for the organisations liability towards payment of gratuity ?

To register the organisation with the controlling authority appointed under the Gratuity Act

Register the establishment with the controlling authority under the Gratuity Act in the prescribed manner

Is the establishment registered with the controlling authority appointed under the Gratuity Act

Ensure employees file valid nomination forms with the organisation

On completion of one years service, obtain employee nominations for gratuity in the prescribed forms. Ensure that only family members are nominated if employee has a family. If an employee subsequently acquires a family, a fresh nomination has to be obtained . The employee is obligated to register any changes in nomination details with the employer. If a nominee predeceases an employee, the employee has to make a fresh nomination in respect of the portion assigned to that nominee. Nominations are to be valid at all times and are to be kept in safe custody by the employer

Do valid gratuity nominations exist in safe custody for all employees ?

Determine whether any employees are eligible under the Payment of Wages Act

Check if any employees wages (all remuneration whether by way of salary allowances or otherwise) is below Rs 1600 per month

Are any employees covered under the Payment of Wages Act ?

Ensure that wage periods are fixed and do not exceed 1 month for employees covered under the Payment of Wages Act

Fix wage periods less than one month for all employees eligible under the Payment of Wages Act

Are wage periods of not more than one month fixed for all employees eligible under the Payment of Wages Act ?

To pay wages within the time period specified in the Payment of Wages Act

Ensure Wages are paid before the expiry of a) The 7th day where < 1000 people are employed b) the 10th day in other establishments after the last day of the work period for which the wages are payable. On termination of an employees services, wages are payable within 2 days of the date of termination

Have all wages been paid within the stipulated time for employees covered under the Payment of Wages Act ?

Not to make any deductions from wages except those permitted under the Payment of Wages Act

Ensure that any deduction or fine made from wages for employees covered under the Payment of Wages Act are only as specified under Sections 7-13 of the Act. Deductions should not exceed 75% of the wages

Are all deductions made from employee wages only as prescribed under the Payment of Wages Act as per Sections 7-13 of the Act ?

To display a notice of the abstracts of the Act in English and the language of the majority of the employees

Prepare and display a notice containing the abstracts of the Payment of Wages Act and the rules made thereunder in English and in the language of the majority of the persons employed

Is a notice of the abstracts of the Act in English and in the language of the majority of the employees displayed in the establishment ?

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920031750

2050 650022550 9500

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22350 31850

save 4000lic 4000elelctricity 1500food 6500etc home 1000loan 11000conve 1000conv 1500

30500

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DOCUMENTARY SUPPORT

Written Confirmation of Compliance

Copy of Registration Certificate

Written Confirmation of Compliance

Written Confirmation of Compliance, Copies of Notifications

Written Confirmation of Compliance

Representatives certification of payments to each contract labourer

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Copies Of Registers

Copy of Register.

Written Confirmation of Compliance

Written Confirmation of Compliance.

Written Confirmation of Compliance.

Written Confirmation of Compliance

Details of applicable rules and confirmation of compliance

Copy of Registration certificate or Acknowledgment of Application

Details of contract labour permitted and employed

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Copy of register

Copies of registers

Written Confirmation of Compliance

Representatives certification of payments

Written Confirmation of Compliance

Written Confirmation of Compliance

Acknowledgment of receipt of return from registering officer with the date duly stamped

Written Confirmation of Compliance

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Copy of Return

Written Confirmation of Compliance

Written Confirmation of Compliance

Maternity Benefits Register

Written Confirmation Of Compliance

Written Confirmation of Compliance.

Written Confirmation of Compliance

Details of prescribed working hours and details of overtime paid

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Inspection Book

Copy of Notice

Muster Roll cum Wage Register

Written Confirmation of Compliance

Written Confirmation of Compliance

Copy of Form acknowledged by the appropriate authority

Gratuity Nomination forms for all employees

Written Confirmation of Compliance

Written Confirmation of Compliance

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Copies of registers

Copy of registration certificate

Written Confirmation of Compliance

Copies of statement of payments

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

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Copy Of Notice

Copy of Application

Copy of the Notice

Register of Advances

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

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Written Confirmation of Compliance

Date of issuance of Registration Certificate

Written Confirmation of Compliance

Written Confirmation of Compliance

Details of overtime worked

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

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Leave Records

Leave Records

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

Written Confirmation of Compliance

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Register in Form F

Written Confirmation of Compliance

Written Confirmation of Compliance

Details of position of first aid box and its contents

Written Confirmation of Compliance

Written Confirmation of Compliance

Register of Employment, Register of Leave

Written Confirmation of Compliance

Page 39: Audit Report.xls

Visit Book

Set-On/Set-Off Register

Written Confirmation of Compliance

List of jobs falling under the act and legal opinions for the same.

Details of workers in scheduled employments and their wages.

Details of prescribed working hours and details of overtime paid

Written Confirmation of Compliance.

Written Confirmation of Compliance

Allocable Surplus Register

Page 40: Audit Report.xls

Bonus Register

Actuarial Evaluation of liability and status of Insurance/Fund Finances

Copy of Form acknowledged by the appropriate authority

Gratuity Nomination forms for all employees

List of employees with wages below Rs 1600 per month

Written Confirmation of Compliance

Written Confirmation of Compliance

Legal Opinion on validity of all deductions from wages

Written Confirmation of Compliance

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1350

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Infiniti Retails LimitedEntity Audit Report All Locations

No. ACT TITLE OBLIGATION

1

2 Contract Labour Act 7

3 Contract Labour Act 7,8,9

4 Contract Labour Act 10

5 Contract Labour Act 16-20

6 Contract Labour Act 21

SECTION

Bombay Labour Welfare Fund Act

Rule 6-BB

Contributions To The Labour Welfare Fund

To pay contributions to the Labour Welfare Fund as precribed

Registration Of Establishment Under Contract Labour Act

To register an establishment to which this Act applies with the registering officer

Effect Of Non-Registration Under Contract Labour Act

To employ no contract labour in the establishment if it has not been registered or the registration has been revoked

Prohibition Of Employment Of Contract Labour

To ensure that no contract labour is used for any process, operation or other work which is prohibited by the Government

Welfare And Health Of Contract Labour

To ensure the provision of canteens, rest rooms, first aid and other facilities to contract labour in accordance with the act at the expense of the contractor

Responsibility For Payment Of Wages To Contract Labour

To ensure full payment of wages to all contract employees employed at the establishment

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7 Contract Labour Act 29(1) Registers

8 Contract Labour Act 29(2)

9 Equal Remuneration Act 4

10 Equal Remuneration Act 5

11 Equal Remuneration Act

12 Maternity Benefit Act 19

13 Maternity Benefit Act 20

14 17,18

15 18

To maintain the prescribed set of registers under the Contract Labour Act

Display Of Notices Under The Contract Labour Act

To display notices regarding various details under the Contract Labour Act and state rules

Equal Remuneration for similar work

To ensure equal remuneration to men and women for work of the same or a similar nature

Gender Discrimination in recruitment

To ensure no discrimination is made while recruiting men and women workers.

8, Rule 6 Registers under Equal Remuneration Act

To maintain a register in the prescribed format regarding workers employed in the establishment.

Display Abstract Of Act And Rules

To exhibit conspicuously, in every part of the establishment where women are employed, an abstract of the Maternity Act and rules thereunder in the language/s of the locality

Maintenance Of Registers And Records

To maintain such registers and records as may be prescribed in the State Rules for the establishment

Maharashtra Contract Labour Rules

Registration Of Establishment Under Contract Labour Act

To register an establishment to which this Act applies with the registering officer

Maharashtra Contract Labour Rules

Maximum Number Of Contract Workmen

Not to exceed the maximum number of contract labour as specified in the certificate of registration

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16 39-44

17 53, 54

18 55

19 61

20 62

21 63

22 57

23 59

Maharashtra Contract Labour Rules

Welfare And Health Of Contract Labour

To ensure the provision of canteens, rest rooms,latrines and urinals. washing facilities and other facilities to contract labour in accordance with the act at the expense of the contractor

Maharashtra Contract Labour Rules

Responsibility For Payment Of Wages To Contract Labour

To ensure full payment of wages to all contract employees employed at the establishment

Maharashtra Contract Labour Rules

Register of Contractors

To maintain a register of contractors in respect of each establishment

Maharashtra Contract Labour Rules

Maintenance Of Records and Registers

To maintain all records and registers as prescribed

Maharashtra Contract Labour Rules

Display Of Notices Under The Contract Labour Act

To display notices regarding various details under the Contract Labour Act

Maharashtra Contract Labour Rules

Annual Return Under The Contract Labour Act

To file an annual return with the Registering Officer

Maharashtra Contract Labour Rules

Contractor - Identity Card

To ensure that the contractor issues an identity card to each contract labourer employed in this establishment

Maharashtra Contract Labour Rules

Contractor - Muster Roll and Registers

To ensure that the contractor maintains the required registers for this establishment.

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24 60

25 11

26 12

27 13 Supply Of Forms

28 15 Annual Return

29 21

30 23, 25 Weekly Day Of Rest

31 24, 26

Maharashtra Contract Labour Rules

Contractor - Display of act and rules

To display an abstract of the acts and rules

Maharashtra Maternity Benefit Rules

Display Abstract Of Act And Rules

To exhibit conspicuously, in every part of the establishment where women are employed, an abstract of the Maternity Act and rules thereunder in the language/s of the locality

Maharashtra Maternity Benefit Rules

Maternity Benefit Register

To maintain a maternity benefits register

Maharashtra Maternity Benefit Rules

To supply forms under the rules on application from a woman employee

Maharashtra Maternity Benefit Rules

To submit an Annual Return under the Maternity Benefits Act

Maharashtra Minimum Wages Rules

Time and Condition of Payment of Wages

To pay wages without unauthorised deductions within the time period specified in the Payment of Wages Act.

Maharashtra Minimum Wages Rules

To allow a rest day, ordinarily on Sunday to all employees in every scheduled employment .

Maharashtra Minimum Wages Rules

Hours Of Work and Overtime

To ensure workers covered under the Minimum Wages Act are paid overtime for working beyond the prescribed hours

Page 47: Audit Report.xls

32 27(1) Muster Roll

33 27 (2)

34 28 Inspection Book

35 30

36 Maharashtra Gratuity Rules 3 (1)

37 Maharashtra Gratuity Rules 4 Display Of Notice

38 Maharashtra Gratuity Rules 6

39 Maharashtra Gratuity Rules 20

40 18

Maharashtra Minimum Wages Rules

Maintain a Muster Roll for all employees working in scheduled employments under the Minimum Wages Act

Maharashtra Minimum Wages Rules

Attendance Card cum Wage Slip

To issue all employees with an attendance card cum wage slip

Maharashtra Minimum Wages Rules

To maintain an inspection book where Inspectors can record their observations

Maharashtra Minimum Wages Rules

Maintenance of Registers and Records

To preserve Registers and Records for a period of 1 year.

Registration Of Establishment

To register the organisation with the controlling authority appointed under the Gratuity Act

To display a notice specifying the name of officer authorised to receive notices under the Act or Rules.

Employee Nominations

Ensure employees file valid nomination forms with the organisation

Display Of Abstract Of Act And Rules

To display a notice of the abstracts of the Act in English and the language of the majority of the employees at a conspicuous place

Maharashtra Private Security Guards Welfare Act

Not to employ children as security guards

Not to employ children as security guards

Page 48: Audit Report.xls

41 Sc. 14

42

43

44

45

46

47 26-A(5)

48

49 26-A(6)

Maharashtra Private Security Guards Welfare Act

Principal Employer: Registration of establishment

Principal employer to register the establishment with the board

Maharashtra Private Security Guards Welfare Act

Sc. 26(1), 27

Principal Employer: Hire security guards only from the board

Not to employ security guards other than those allotted to them by the board.

Maharashtra Private Security Guards Welfare Act

Sc. 26(4), 29, 30

Principal Employer: Disburse or remit wages on time

To disburse wages to guards or to remit the wages to the board in accordance with the instructions from the board

Maharashtra Private Security Guards Welfare Act

Sc. 26(5), 37

Principal Employer: To pay levies and other dues

To pay levies and other dues to the board on direction from the board

Maharashtra Private Security Guards Welfare Act

Sc. 26(9) Principal Employer: Records

To maintain records related to registered security guards and the work upon which they have been employed

Maharashtra Private Security Guards Welfare Act

14, 26-A(1)

Employer Agencies: Registration

To register an agency employing security guards with the board

Maharashtra Private Security Guards Welfare Act

Employer Agencies: Renewal of Registration

To renew the registration and exemption every three years.

Maharashtra Private Security Guards Welfare Act

Sc. 26-A(4)

Employer Agencies: Deploy only with registered employers

To deploy security guards only with registered principal employers as per the list of principal employers submitted to the board

Maharashtra Private Security Guards Welfare Act

Employer Agencies - Registers and Records

To maintain and produce registers and records relating to payment of wages and leave as prescribed under relevant acts

Page 49: Audit Report.xls

50 26-A(7)

51 26-A(8)

52 26-A(9)

53 26-B

54 8

55 12-Nov

56 13

57 18 Advances

58 18 (3)

59 20

Maharashtra Private Security Guards Welfare Act

Employer Agencies: Police Verification

To conduct a police verification of each security guard within two months of employment

Maharashtra Private Security Guards Welfare Act

Employer Agency: Uniforms

Not to prescribe uniforms that resemble army or police uniforms

Maharashtra Private Security Guards Welfare Act

Compliance with other acts

To comply with all other labour legislation applicable to the agency

Maharashtra Private Security Guards Welfare Act

Principal Employers of Agencies: Obligations

To submit all information regarding employment of security guards through agencies to the board and to ensure compliance of all directions of the board by the agency.

Maharashtra Payment of Wages Rules

Notice Of Date Of Payment

To display a notice specifying the date of Payment of Wages

Maharashtra Payment of Wages Rules

Application In Respect Of Fines

To send an application to Chief Inspector if the paymaster wishes to impose fines

Maharashtra Payment of Wages Rules

Posting Of List Of Acts And Omissions

To post an approved list of acts and omissions that could lead to a fine

Maharashtra Payment of Wages Rules

All advances and repayment should be according to the prescribed Rules.

Maharashtra Payment of Wages Rules

Register Of Advances To maintain a register of all advances sanctioned and payments made

Maharashtra Payment of Wages Rules

Display Of Rate Of Wages

To display rates of wages payable to employees

Page 50: Audit Report.xls

60

61

62 7(2)

63 10,11,13

64 Hours Of Work

65 15 Interval For Rest

66 16,17 Spread Over

67 18 Weekly Holidays

Bombay Shops and Establishments Act

7, Rules 5,6,7

Registration of an Establishment

To register the establishment in the prescribed form with the Chief Inspector and pay the prescribed fees within 90 days of the date on which the establishment commences work

Bombay Shops and Establishments Act

7, Rules 5,6

Renewal Of Registration

To renew the certificate of registration before it expires

Bombay Shops and Establishments Act

Display of Registration Certificate

To display the registration certificate prominently in the establishment

Bombay Shops and Establishments Act

Opening & Closing Hours Of Shops & Establishment

Not to keep a shop or establishment open for service beyond the hours specified by the Government in its Notifications/Orders

Bombay Shops and Establishments Act

14,63, R. 9,10

Ensure that no employee is allowed to work beyond the prescribed daily and weekly hours, and that overtime at double wages does not exceed limits

Bombay Shops and Establishments Act

Ensure that no employee is required to work more than 5 continuous hours without an interval for rest

Bombay Shops and Establishments Act

Ensure that the total daily period of work for all employees inclusive of interval does not exceed 12 hours

Bombay Shops and Establishments Act

To keep every shop and commercial establishment closed once a week

Page 51: Audit Report.xls

68 32

69 33,34

70 33,34-A

71 Earned Leave

72 Leave Accumulation

73 35 (4) Additional Holidays

74

75 Cleanliness

Bombay Shops and Establishments Act

Employment Of Children

Not to allow any child to work in any establishment

Bombay Shops and Establishments Act

Employment Of Young Persons

To ensure young persons are not allowed to work beyond stipulated hours

Bombay Shops and Establishments Act

Employment of Women

Not to require women employees to work beyond the prescribed times or in dangerous work

Bombay Shops and Establishments Act

35,36,37 To allow all employees their full earned leave entitlements under the act

Bombay Shops and Establishments Act

35 (1) (b), (3)

To allow employees to accumulate their earned leave

Bombay Shops and Establishments Act

To provide additional holidays with wages on specified days

Bombay Shops and Establishments Act

38,38 (A-C)

Applicability Of Other Legislations

To apply the provisions of other employment legislations as specified in the act

Bombay Shops and Establishments Act

39, Rule 13

To keep the premises clean and free from effluvia

Page 52: Audit Report.xls

76 Rule 12

77 40,41

78

79 First Aid Box

80 65

81

82 Rule 20

83 Leave Book

Bombay Shops and Establishments Act

Time And Methods For Cleaning Establishments

To carry out lime washing, colour washing, painting or varnishing at the prescribed frequency and maintain a register showing days when these processes are carried out

Bombay Shops and Establishments Act

Ventilation and Lighting

To keep the premises sufficiently ventilated and well lit during working hours

Bombay Shops and Establishments Act

42, Rule 14

Precautions Against Fire

To adopt all safety precautions against fire as prescribed.

Bombay Shops and Establishments Act

42-A, Rule 15

To maintain a first aid box with the prescribed equipment in all establishments where a manufacturing process is carried out

Bombay Shops and Establishments Act

Restriction On Double Employment

Not to permit double employment of any employees on leave or holiday

Bombay Shops and Establishments Act

Rule 20-A

Name Board To Be In Marathi

To display a name board for an establishment in Marathi

Bombay Shops and Establishments Act

Registers And Records

To maintain registers and records as required under the Act

Bombay Shops and Establishments Act

Rule 20(5,6)

To provide every employee with a Leave Book to maintain the employees leave details

Page 53: Audit Report.xls

84 Notices

85 Visit Book

86 Minimum Wages Act 2(g),27

87 Minimum Wages Act 11,12

88 Minimum Wages Act 13,14

89 Minimum Wages Act

90 Minimum Wages Act 18

91 Payment of Bonus Act

92 Payment of Bonus Act

Bombay Shops and Establishments Act

Rule 20 (7,8)

To maintain all notices under these rules in the specified manner

Bombay Shops and Establishments Act

Rule 20 (13)

To maintain an Visit Book for Inspectors To Record Their Observations

Eligibility under the Minimum Wages Act

To check whether any workmen are covered under the Minimum Wages Act.

Payment of Minimum Wages

To pay the minimum wage specified by the Government to all workers employed in Scheduled employments

Hours of Work and Overtime

To ensure workers covered under the Minimum Wages Act are paid overtime for working beyond the prescribed hours

15,16,17 Other Obligations for Minimum Wage Workers

To ensure compliance with Sections 15,16 & 17 of the Minimum Wages Act with respect to Employees covered by the Act

Registers, Records And Notices

To maintain the prescribed registers and records

Rule 4 (a)

Allocable Surplus Computation Register

To maintain an Allocable Surplus Register in the format specified under the Bonus Act

Rule 4 (b)

Set-On/Set Off Register

To maintain a Set-On/Set-Off Register in the format specified under the Bonus Act

Page 54: Audit Report.xls

93 Payment of Bonus Act

94 Gratuity Act 4-A

95 Gratuity Act 4-A(3)

96 Gratuity Act 6

97 Payment of Wages Act

98 Payment of Wages Act 4 Wage Periods

99 Payment of Wages Act 5

100 Payment of Wages Act 7 to 13

101 Payment of Wages Act 25 Display Of Notice

Rule 4 (c)

Register Showing Bonus Due To Employees

To maintain a Bonus Due Register in the format specified under the Bonus Act

Compulsory Insurance

To obtain insurance in the prescribed manner for the financial liability for payment towards Gratuity

Registration Of Establishment

To register the organisation with the controlling authority appointed under the Gratuity Act

Employee Nominations

Ensure employees file valid nomination forms with the organisation

1(6), 2(vi)

Eligibility Under Payment Of Wages Act

Determine whether any employees are eligible under the Payment of Wages Act

Ensure that wage periods are fixed and do not exceed 1 month for employees covered under the Payment of Wages Act

Time Of Payment Of Wages

To pay wages within the time period specified in the Payment of Wages Act

Deductions From Wages

Not to make any deductions from wages except those permitted under the Payment of Wages Act

To display a notice of the abstracts of the Act in English and the language of the majority of the employees

Page 55: Audit Report.xls

ACTION AUDIT REQUIREMENT DOCUMENTARY SUPPORT

Pay employers and employees contributions to the Labour Welfare Fund every six months before the 15th of July and 15th of January as per the following norms: (i) Employees Contribution at the rate of Rs 6 per employee drawing wages upto Rs 3000 per month and Rs 12 per employee drawing wages exceeding Rs 3000 (ii) Employers Contribution at the rate of Rs 18 per employee drawing wages upto Rs 3000 per month and Rs 36 per employee drawing wages exceeding Rs 3000 (iii) These rates may be increased by notification in the official gazette (iv) The employer can recover the employees contribition be deducting it from the wages. Deductions shall not be made in excess of the amount paid as employees contribution (v) Contributions shall be paid by cheque, money order or cash (vi) The employers contribution cannot be reovered or deducted from the wages of the employee

Have all contributions been paid to the Labour Welfare Fund as prescribed ?

Written Confirmation of Compliance

If the establishment has not been registered yet, apply for registration in the prescribed form and manner to the registering officer and obtain a certificate of registration from the registering officer

If the Contract Labour Act applies to the establishment, has the establishment been registered with the registering officer ? Has a certificate of registration been obtained ?

Copy of Registration Certificate

Ensure that contract labour are not employed in the establishment if it has not been registered in accordance with the act or if the registration certificate is invalid or has been revoked

If the establishment has not been registered under the Contract Labour Act. have no contract labour been employed ?

Written Confirmation of Compliance

Ensure that no contract labour is used in any process, operation or other work which has been prohibited by the Government by notificaion in the Official Gazette

Has contract labour been used for any process, operation or other work which is prohibited by the Government ?

Written Confirmation of Compliance, Copies of Notifications

To directly provide at the expense of the contractor, or to ensure that the contractor provides a) Canteens in accordance with the Contract Labour Rules if the number of contract workmen ordinarily exceeds 100 b) Where contract labour is required to halt at night, sufficiently lighted and ventilated rest rooms maintained in a clean and comfortable condition c) A sufficient supply of wholesome drinking water d) a sufficient number of latrines and urinals as prescribed in the rules e) washing facilities f) A readily accessible first aid box with the contents prescribed in the rules

Have the requisite welfare and health facilities been provided to all contract labour in the establishment ?

Written Confirmation of Compliance

Ensure that the contractor puts up a notice showing the wage period and place and time of disbursement of wages.Nominate a representative to be present at the time of disbursement of wages by the contractor who will certify the amounts paid as wages to each workman. In case wages are not paid in full by the contractor, the employer has to pay the balance amount due and recover the money from the contractor

Are all contract employees paid their full wages in the presence of a representative of the establishment ?

Representatives certification of payments to each contract labourer

Page 56: Audit Report.xls

Copies Of Registers

Copy of Register.

Maintain all registers and records prescribed under the relevant state rules, giving the particulars of contract labour employed, the nature of work performed by the contract labour, rates of wages paid and other such particulars as may be prescribed

Are all prescribed registers and records under the Contract Labour Act being maintained ?

To display all prescribed notices in the appropriate forms in the manner prescribed in the state rules

Are notices with requisite details under the Contract Labour Act being displayed in the prescribed manner ?

Written Confirmation of Compliance

Establish a policy that ensures that no discrimination in wages is made between men and women for the same work or work of a similar nature strictly on account of the gender of an employee. No employees remuneration can be reduced in order to comply with this obligation.

Is no discrimination made in determining the wage of any type of employee on account of their gender ?

Written Confirmation of Compliance.

Establish a policy that ensures that no discrimination is made against women while recruiting for the same work or work of a similar nature, or in any conditions of service, promotions, training or transfer after recruitment, except where the employment of women is prohibited by law.

Do policies ensure that no discrimination is made against women during recruitment and in service conditions for the same work or work of a similar nature ?

Written Confirmation of Compliance.

Maintain a Register with details of people employed as specified in Form D at the place where the workers are employed.

Is a register of employees under the Equal Remuneration Rules being maintained ?

Ensure an abstract of the Maternity Act and rules thereunder in the language/s of the locality is exhibited conspicuously in every part of the establishment where women are employed

Is an abstract of the Maternity Benefits Act displayed conspicuously in every area where women are employed ?

Written Confirmation of Compliance

Ensure that all registers and records are maintained as required in any State Rules under the Maternity Act applicable for that region

Are all registers and records maintained as required in any State Rules under the Maternity Act applicable for that region ?

Details of applicable rules and confirmation of compliance

If the establishment has not been registered yet, apply for registration in Form I in triplicate to the registering officer either in person or by registered post, accompanied by a treasury receipt showing registration fees and obtain an acknowledgment of the application and a certificate of registration from the registering officer

If the Contract Labour Act applies to the establishment, has the establishment been registered with the registering officer and a certificate of registration obtained ?

Copy of Registration certificate or Acknowledgment of Application

Ensure the maximum number of contract labour employed in the establishment does not exceed the number specified in the certificate of registration

Has the number of contract labour employed always been below the number permissible in the certificate of registration ?

Details of contract labour permitted and employed

Page 57: Audit Report.xls

Copy of register

Copies of registers

To directly provide at the expense of the contractor, or to ensure that the contractor provides a) Canteens in accordance with the Contract Labour Rules if the number of contract workmen ordinarily exceeds 100 (R 40) b) Where contract labour is required to halt at night in connection with the work of the establishment, and in which employment is likely to continue for 3 months or more, provide rest rooms or other accomodation as may be required by the Commissioner of Labour. (R 39) c) A sufficient supply of wholesome drinking water (R 43) d) a sufficient number of latrines and urinals (R 41) e) washing facilities (R 42) f) A readily accessible first aid box with the contents prescribed in the rules (R 44) Specifications for these are contained in Chapter V,Rules 39-44 of the Maharashtra Contract Labour Rules, 1971

Have the requisite welfare and health facilities been provided to all contract labour in the establishment ?

Written Confirmation of Compliance

Ensure that the contractor puts up a notice showing the wage period and place and time of disbursement of wages. Nominate a representative to be present at the time of disbursement of wages by the contractor who will certify with his signature at the end of the Register of Wages, the amounts paid as wages to each workman.

Are all contract employees paid their full wages in the presence of a representative of the establishment ?

Representatives certification of payments

Maintain a register of contractors in Form no VIII in respect of each registered establishment.

Is an upto date register of contractors maintained in the appropriate format ?

Ensure that all registers and records under the act and rules are (a) Maintained legibly in English, in Hindi or in Marathi (b) kept at an office or the nearest convenient building within the precincts of the work place or at a place within a radius of three kilometers. (c) preserved for a period of 3 calendar years from the date of the last entry made in them

Are all registers and records under the Act and Rules maintained in the prescribed manner and for te prescribed period ?

Written Confirmation of Compliance

The contractor or the principal employer to display conspicuously at the work site, in a clean and legible condition, a notice in English and in Hindi or Marathi, a notice showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of inspectors having jurisdiction and date of payment of unpaid wages. A copy of the notice is to be sent to the Inspector, and any changes in the notice have to be communicated to him.

Are notices with requisite details under the Contract Labour Act being displayed conspicuously in English and in Hindi or Marathi ?

Written Confirmation of Compliance

To file an annual return in duplicate in Form XXI with the registering officer not later than 15th February.

Has an annual return under the Contract Labour Act been filed so as to reach not later than the 15th of February ?

Acknowledgment of receipt of return from registering officer with the date duly stamped

Ensure that the contractor issues an indentity card in From No. X to each worker on the first day of the employment of the worker. Each worker should carry his identity card while employed, and the card shall be maintained up-to-date

Does each contract labourer in the establishment hold an identity card issued by the contractor ?

Written Confirmation of Compliance

If the establishment is covered under the Payment of Wages Act or the Minimum Wages Act, the contractor, in respect of this establishment, shall maintain in the formats specified under those acts: (a) Muster Roll;(b) Register of Deductions;(c) Register of Overtime; (d) Register of Fines; (e) Register of Advances. If the establishment is not covered under the above, the contractor shall (a) maintain in respect of this establishment a Muster Roll cum Wage Register as prescribed by Rule 27(2) of the Maharashtra Min. Wages Rules (b) issue wage slips as prescribed by Rule 27(2) of the Maharashtra Min. Wages Rules (c) obtain the signature and thumb ompression of every worker on the register of wages (d) Ensure the entries are authenticated by the contractor or his representative and certified by the employer's representative.

Does the contractor maintain all the required registers for this establishment ?

Page 58: Audit Report.xls

Copy of Return

Ensure that the contractor displays at the place of work, an abstract of the act and rules in English, and in Hindi or Marathi in a form approved by the Commissioner of Labor.

Is a notice displaying an abstract of the act and rules put up by the contractor at the place of work ?

Written Confirmation of Compliance

Ensure an abstract of the Maternity Act and Rules, in Form 9, is exhibited conspicuously in every part of the establishment where women are employed, in the language/s of the locality

Is an abstract of the Maternity Benefits Act displayed conspicuously in every area where women are employed ?

Written Confirmation of Compliance

If women are employed in the establishment, Maintain a Maternity Benefits Register in Form 10 and keep it uptodate. All entries in the register are to be made in ink and the register should be kept open for inspection during working hours. The register should be rpeserved for a period of three years commencing from the date of the last entry.

Is a Maternity Benefits Register being maintained up to date with all entries made in ink ?

Maternity Benefits Register

On an application made by a woman employee, supply her with copies of any forms other than Forms 9, 10 and 11

Are all the Forms under the Maternity Benefit Rules being supplied to Woman Employees on request ?

Written Confirmation Of Compliance

Submit an Annual Return in Form 11 to the appropriate authority by the 15th of January

Has an annual return under the Maternity Act been submitted in Form 11 to the appropriate authority ?

Ensure Wages are paid before the expiry of : a) The 7th day where < 1000 people are employed b) the 10th day in other establishments after the last day of the assigned work period. c) If employment is terminated by the employer, before the expiry of the 2nd day after termination. No deduction can be made from wages except those listed in Sec 21 (2) of the Rules

Have all wages been paid within the stipulated time without unauthorised deductions for employees covered under the Payment of Wages Act ?

Written Confirmation of Compliance.

In cases of scheduled employment, allow a rest day, ordinarily on Sunday to all employees unless any other day has been fixed as the day of rest. The rest day is to be allowed provided the employee has worked for a minimum of 6 continuous days (see Rule 23 (1) (a-c). An employee has to be informed of the rest day or any changes in the rest day by a display of a notice in a place specified by the Inspector. An employee cannot work on a rest day unless he is given a compensatory rest day for a whole day. The employee needs to be given prior intimation of the rest day and the substituted day. No employee can work more than 10 continuous days without a rest day. Wages for the rest day should be as per the provisions in Rules 23 (3) and (4). If a worker works on a shift which extends beyond midnight, a holiday means a period of 24 consecutive hours after the end of the shift.

Is a day of rest allowed to all the employees who have worked for a continuous period of 6 days in a Scheduled Employment ?

Written Confirmation of Compliance

Ensure that employees covered under the Minimum Wages Act have a normal working day of not more than 9 hours for an adult, 7 hours for an adolescent and 4 1/2 hours for a child. The working day for an adult or adolescent cannot be spread over more than 12 hours, and 5 hours for a child. No adult or adoloscent can be made to work for more than 5 hours before he has a rest of at least half an hour. Ensure that employees are paid overtime @ minimum of double the basic rate for hours worked beyond 9 hours a day or 48 hours a week.

Are workers covered under the Minimum Wages Act being paid overtime for working beyond the prescribed hours ?

Details of prescribed working hours and details of overtime paid

Page 59: Audit Report.xls

Inspection Book

Copy of Notice

Maintain in Form II, a Muster Roll cum Wage Register for all employees working in scheduled employments under the Minimum Wages Act unless Forms 17 & 19 of the Maharashtra Factory Rules and Form II of the Payment of Wages Rules is being maintained. The register must contain the following details for each employee: (a) Gross & Net Wages For Each Wage Period (b) All Deductions From Wages (c) Minimum Rate Of Wages Payable (d) Hours of Overtime worked (e) Amount of Leave with Wages

Is a Muster Roll cum Wage Register being maintained for all employees working in scheduled employments under the Minimum Wages Act ?

Muster Roll cum Wage Register

Issue all employees with an attendance card cum wage slip and ensure that a person authorised by the employer makes relevant entries daily and every month. The card shall be in the posession of the employee.

Have all employees covered under the Minimum Wages Act been issued with an attendance card cum wage slip ?

Written Confirmation of Compliance

Maintain a bound inspection book which is available on demand to an Inspector

Is an Inspection Book maintained for Inspectors to note their observations ?

Ensure that all Registers and Records required to be maintained under these rules are being preserved for a period of 3 Years after the date of last entry made in it. All registers and records maintained under these rules shall be produced to an Inspector having jurisdiction over the area on request.

Are all registers, records and notices under the act being preserved for a period of 12 months after the date of last entry ?

Written Confirmation of Compliance

Prepare and Submit Form 'A' (Rules) to register the establishment with the controlling authority under the Gratuity Act within 30 days of opening of the establishment.

Is the establishment registered with the controlling authority appointed under the Gratuity Act

Copy of Form acknowledged by the appropriate authority

Display a notice at or near the main entrance of establishment in bold letters, in English and in a language understood by the majority of the workmen, specifying the name of officer with designation authorised by the employer to receive notices under the Act or Rules. Ensure that a fresh notice is displayed immediately after the notice becomes illegible or requires any change.

Is a notice specifying the name of officer authorised to receive notices under the Act or Rules displayed conspicuously near the entrance of the establishment ?

On completion of one years service, obtain employee nominations for gratuity in Form F (Rules). Check all details in the nomination form for validity and return an attested copy of this Form to the employee. Ensure that only family members are nominated if employee has a family. If an employee acquires a family, a fresh nomination has to be obtained in Form G. The employee is obligated to register any changes in nomination details with the employer in Form H. Nominations are to be valid at all times

Do valid gratuity nominations exist for all employees ?

Gratuity Nomination forms for all employees

Prepare a notice containing the abstracts of the Payment of Gratuity Act and Rules and display this notice In English and in the language understood by a majority of the persons employed in a conspicuous place at or near the main entrance of the establishment

Is a notice of the abstracts of the Act in English and in the language of the majority of the employees, displayed in a conspicuous place ?

Written Confirmation of Compliance

No child shall be required or allowed to work as a Security Guard. Explanation.- "Child" means a person who has not completed fourteen years of age.

Are no children employed as security guards in the establishment ?

Written Confirmation of Compliance

Page 60: Audit Report.xls

Copies of registers

An employer of any establishment coming into existence after the commencement of the Scheme shall apply for registration to the board simultaneously on the commencement of his business. Explanation.- Registration of a principal employer means registration of a specific establishment of the principal employer with respect to a specific area, specified in the registration form; and shall not include any other branches or ancillary establishments of the principal employer unless, they are specifically mentioned by the principal employer at the time of registration with the Board.

Has the establishment and all branches or ancillary establishments of the principal employer been registered with the Security Guards Welfare board ?

Copy of registration certificate

A registered principal employer shall not employ a Security Guard other than a Security Guard who has been allotted to him by the board. or security guards registered with the Board or the security guards of the registered employer agency registered with the Board.

Have no security guards been employed other than those allotted by the board or those belonging to registered employer agencies?

Written Confirmation of Compliance

The wages and other allowances payable to the registered security guards of the Board every month shall be remitted by cheque to Secretary of the Board, within such time after the end of the month, as may be specified by the Board. The Board may, if it thinks fit, and subject to such conditions as may be laid down by it, allow a registered principal employer to pay directly to the registered security guards of the Board the wages and other allowances after making authorised deductions within such time and in such a manner as may be specified by the Board. The employer shall send to the Board a statement of such payment within such time and in such form as may be specified by the Board:

Have all wages of security guards been disbursed or remitted to the board as appropriate ?

Copies of statement of payments

A registered principal employer shall pay to the Board in such manner and at such times as the Board may direct, the levy payable under Clause 37(1) and the gross wages due to Security Guards and any other amount due to Security Guards.

Have all levies and wages and amounts due to security guards been paid to the board as directed by them ?

Written Confirmation of Compliance

A registered principal employer shall keep such records as the Board may require, and shall produce before the Board upon reasonable notice all such records and any other documents of any kind relating to registered Security Guards and to the work upon which they have been employed and furnish such information as may be ordered by the Board.

Are all records and documents relating to security guards as required by the board, being maintained ?

Written Confirmation of Compliance

Every employer agency which has directly employed private security guards shall get itself registered with the Board by applying in the form prescribed by the Board alongwith the process fee at the rate of Rs.100 per security guard at the time of application within a period of two months from the date of employing of a security guard. At the time of registration, the agency, shall file with the Board, the list of their registered principal employers and the names and details of the security guards employed with them, working with the respective registered principal employers.

Is the agency registered with the board ?

Written Confirmation of Compliance

An employer agency shall apply for renewal of registration and exemption after every three years in the like manner and on payment of like registration fees and process fees at the rate of Rs.100 per security guard for renewal of registration and exemption granted.

Does the agency hold a valid unexpired registration ?

Written Confirmation of Compliance

The registered employer agency shall deploy the security guards employed by it only in the establishment and factories of registered principal employers of the Board, and as per the list of the registered principal employer submitted to the Board. Security guards will be deployed to no other principal employers.

Have all security guards been deployed only with registered principal employers as per the list of principal employers submitted to the board ?

Written Confirmation of Compliance

Registered employer agency shall maintain registers and records of security guards in their employment, relating to payment of wages and leave and other facilities provided to them under the relevant Acts and the same shall be produced before the competent authorities of the Board, when directed by the Board.

Are all registers and records relating to payment of wages and leave as prescribed under relevant acts being maintained ?

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Copy Of Notice

Copy of Application

Copy of the Notice

Register of Advances

Every registered employer agency shall get done the police verification of every security guard on its pay-roll, within a period not later than two months, from the date of employing the Guard.

Have all security guards been police verified within two months of employment ?

Written Confirmation of Compliance

No registered employer agency shall, at any time, prescribe or supply to its security guards, uniform which in any way resembles to that of the Indian Army or Police-force.

Do uniforms provided to security guards not resemble army or police uniforms ?

Written Confirmation of Compliance

Every registered employer agency shall comply with the provisions of the Minimum Wages Act, 1948 , the Payment of Wages Act, 1936 , the Payment of Gratuity Act, 1972 , the Employees' Provident Funds, and Miscellaneous Provisions Act, 1952 and the Contract Labour (Regulation and Abolition) Act, 1970 or any other Act as may be applicable to them, for the time-being.

Are all labour legislation applicable to the agency being complied with ?

Written Confirmation of Compliance

The principal employer of any registered employer agency shall submit all information regarding employment of security guards through employer agency, to the Board. In case the registered exempted employer agency fails to comply with any of the directions of the board, then the ultimate liability to comply with such directions shall lie on the registered principal employer in whose establishment or factory such security guards supplied by the such defaulting registered employer agency are deployed.

Is all required information regarding employment of security guards to agencies being submitted to the board ?

Written Confirmation of Compliance

Every Paymaster should ensure that a notice specifying the days on which wages will be paid is displayed at or near the main gate of the establishment .The notice should be in English and in the language understood by a majority of the Workmen,

Is the notice giving the date of Payment of Wages displayed at or near the main entrance of the Factory ?

Every paymaster requiring the power to impose fines in respect of any acts and omissions on part of employed persons should send to the Chief inspector a list in English, in duplicate defining such acts and omissions and in cases where the paymaster himself does not intend to be sole person empowered to impose fines, a list in duplicate, showing those appointments in the Factory the incumbents of which may pass orders imposing fines and class of establishments on which the incumbent of each such appointment may impose fines.

Has an application been sent to the Chief Inspector requesting the right to impose fines alongwith a list of people empowered to impose fines ?

Ensure that a list of acts and omissions that could lead to a fine, approved under Rule 11 and 12, is displayed at or near the main entrance of the establishment. Further ensure that list is in English together with a literal translation in a language understood by the majority of the workmen

Is a list of acts and omissions that could lead to a fine displayed at or near the main entrance of Factory ?

Ensure that advance of wages not already earned does not exceed an amount equivalent to the wages earned by the employed person during the preceding 4 calendar months, or if he has not been employed for that period, the wages he is likely to earn during the subsequent 4 calendar months. The advance can be recovered by way of deductions spread over a period of not more than 18 months. No instalment can exceed one-third (one-fourth where wages are 20 Rs or less) of the wages for the wage period in respect of which the deduction is made. The rate of interest shall not exceed 6 1/4% per annum.

Are payment of all advances and repayments of such advances made in accordance with Rule 18 ?

Written Confirmation of Compliance

Maintain a register in Form IV which contains details of all advances sanctioned and payments made thereof. Provided that if the employer is maintaining muster roll cum wage register in Form II prescribed by the Maharashtra Minimum Wages Rules, he need not maintain the register under this sub-rule. Preserve these registers for a period of 3 Years from the date of the last entry.

Is a register of advances being maintained in Form IV ? Are the registers being maintained as prescribed ?

Ensure that the paymaster displays a notice specifying the rates of wages payable to all persons employed other than those employed in a position of supervision and management

Is a notice displayed regarding the rates of wages payable to employees ?

Written Confirmation of Compliance

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If the establishment has not been registered with the Chief Inspector, submit Form A with the prescribed fees (Schedule I) to the Inspector and obtain a registration certificate in Form D for the establishment. If a registration certificate is lost, destroyed or defaced, obtain a duplicate certificate from the inspector. Also submit a list of weekly closed days for the balance part of the calendar year.

Has the establishment been registered with and the prescribed fees paid to the Chief Inspector within 90 days of the date on which the establishment commences work ?

Written Confirmation of Compliance

On expiry of the registration certificate (1-3 Years after the date of issue), make an application in Form B accompanied by the Registration Fees (Schedule I) for the period of registration and obtain a registration certificate in Form D. Ensure that application for renewal is made at least 15 days before expiry. Late registration upto 30 days after expiry will attract a penalty of 50% of the fee.

Does the establishment have a valid registration certificate ? Was the application for renewal made at least 15 days before expiry ?

Date of issuance of Registration Certificate

On obtaining a valid registration certificate, arrange for it to be displayed prominently in the establishment

Is the registration certificate displayed prominently in the establishment ?

Written Confirmation of Compliance

Ensure that the Shops or establishment is not opened /closed before/after the timings as fixed by the government as follows: (a) Commercial Establishments cannot remain open before 8:30 a.m .and after 8:30 p.m. (b) Shops cannot remain open before 7 a.m. and after 8:30 p.m. except for the shops listed in Rule 10 and Rule 11 These timings are subject to change, generally, and specifically for different classes of shops and establishments and for different areas by the Government by Special Order.

Has the establishments opening and closing hours been in compliance with the timings specified by the Government ?

Written Confirmation of Compliance

To monitor the number of hours worked by all employees and ensure they do not exceed 8 hours a day or 48 hours a week. An employee can also work a maximum of 6 hours a week on payment of overtime wages at twice the normal rate. An employer may, on not more than 6 days a year on days prescribed by the State Government (Rule 9), require an employee to work overtime upto a maximum of 24 hours in one year for the purposes of stocktaking, accounts, settlements or other prescribed occasions after submitting a notice of intention to the Inspector in English, Marathi, Gujarati and Hindi at least 24 hours before such a day.

Have employees been paid overtime wages for work performed beyond normal working hours ? Have no employees worked more overtime than the maximum prescribed ?

Details of overtime worked

Fix a time for an interval of at least one hour (half an hour if engaged in a manufacturing process) for rest for all employees such that no employee is required to work more than 5 hours at a stretch. In establishments other than a shop the inspector may reduce the intervals for rest to half-an-hour on application made with the consent of employees.

Has a time period been prescribed as an interval for all employees such that no employee works more than 5 hours at a stretch ?

Written Confirmation of Compliance

Monitor employee work periods to ensure that the total daily period of work for all employees inclusive of interval does not exceed 11 hours in any establishment or shop. Provisions For A Shop: If a shop is entirely closed for at least 3 hours continuously, the spreadover cannot exceed 12 hours. If an employee works overtime, the spreadover cannot exceed 14 hours, and 16 hours on days of special overtime as per Section 14 (3)

Is the work period inclusive of interval not more than the prescribed spreadover for all employees ?

Written Confirmation of Compliance

Every Shop and Establishment is to remain closed on one day of the week. Where this day of the week is not fixed by the State Government for this location or class of establishment, prepare a calendar list of closed days at the beginning of the year, notify the Inspector of this list and display it in a conspicuous place. Ensure the establishment is closed and no employee is allowed to work on the close day. It is not lawful to ask any employee to go to any place in connection with business on the day when the establishment remains closed. No deduction from wages will be made from the employee on account of the close day. Any changes in the close day have to be notified to the inspector at least 7 days in advance

Has the establishment been kept closed on every weekly close day ?

Written Confirmation of Compliance

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Leave Records

Leave Records

Ensure that no person less than 14 years old is employed in the establishment even is the child is a member of the family of the employer

Are all employees working in the establishment above the age of 14 ?

Written Confirmation of Compliance

Do not allow any person between 14 and 17 years of age to work before 6 a.m and after 7 p.m.The maximum number of hours a young person can be required to work is 6 in a day. No young person can work for more than 3 hours a day without a rest interval of at least half an hour. No young person is permitted to be employed in dangerous work. as defined by the Government in the Official Gazette

Are no young people working more than the stipulated hours of work? Are no young people employed in dangerous work ?

Written Confirmation of Compliance

Do not allow any woman employee to work before 6 a.m and after 8:30 p.m. No woman is permitted to be employed in dangerous work as defined by the Government in the Official Gazette

Are no woman employees required to work beyond the prescribed timings and in dangerous work ?

Written Confirmation of Compliance

Ensure that all employees are allowed to avail leave with full pay at their request subject to the following: a) Minimum earned leave of 21 days for an employee who has worked at least 240 days in a continuous period of 12 months (b) a) Minimum earned leave of 5 days for every 60 days worked, for an employee who has been employed for not less than 3 months. An employee who has been allowed leave has to be paid half the wages due to him for the period of the leave. An employee entitled to leave, who leaves or is discharged from employment, before being allowed the leave or after being refused leave, shall be paid the wages due in respect of that leave

Have all employees been permitted their full entitlement of earned leave and paid in advance for the period of leave if they desired it ?

Allow employees to accumulate up to a maximum of 42 days of earned leave. If an employee is refused leave he is entitled to, the employee may intimate the Inspector with a copy to the employer, and the employee has to be permitted to carry forward the unavailed leave without limit

Are all employees permitted to accumulate unavailed earned leave upto 42 days ? If employees are refused leave, are they permitted to carry it forward without limit ?

Every employee irrespective of period of employment is entitled to additional holidays with full wages on the 26th of January, 1st May, 15th August and 2nd October every year. Any employees who are required to work on these days shall receive double wages as overtime in addition to a compensatory holiday

Are all employees who are required to work on the specified additional holidays provided double the normal wages in addition to a compensatory holiday ?

Written Confirmation of Compliance

(a) The Workmens Compensation Act shall apply to all employees covered by this act as if they were workmen under the Workmens Compensation Act (b) The Industrial Standing Orders Act and Bombay Rules, including model standing orders, shall apply to workmen as defined in that act to all establishments where 50 or more employees are employed (c) The State Government may by order apply any or all of the provisions of the Maternity Benefits Act, to women employed in establishments where this Act applies. (d) The State Government may by order apply the provisions of the Payment Of Wages Act for certain classes of establishments, class of employees or local areas

Are the provisions of all other employment legislations prescribed being applied where relevant to employees in this establishment ?

Written Confirmation of Compliance

The premises of every establishment is to be kept clean and free from effluvia arising from any drain or privy or other nuisance. No rubbish, filth or debris should be allowed to accumulate or remain on the premises such that effluvia can arise from them within the establishment

Have effective measures been taken to keep the establishment clean and free from effluvia ?

Written Confirmation of Compliance

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Register in Form F Maintain a Register in Form F showing dates in which lime washing, colour washing, painting or varnishing is carried out. All the inside walls of the rooms and all the ceilings and tops of such rooms, whether they are plastered or not, shall be lime washed or colour washed at least once every two years, and if they are rendered unclean, even earlier if directed to do so by the local authority. All the beams, rafter, doors, window frames and other woodwork with the exception of floors, shall be either painted or varnished once in seven years. These obligations do not apply to (i) rooms that are used only for storage of articles (ii) walls or tops of rooms which are made of galvanised iron, tiles, asbestos sheets, or similar material or glazed bricks

Have all parts of the establishment been lime washed, colour washed, painted or varnished at the required frequency, and have the dates of these processes been maintained in the register ?

To ensure that all areas of the establishment have sufficient provision for ventilation by such methods as may be prescribed. The premises of every establishment shall be sufficiently lighted during all working hours.

Are the premises sufficiently lighted and ventilated during all working hours ?

Written Confirmation of Compliance

Adopt all safety precautions against fire as prescribed for the establishment. Ensure that people are not allowed to smoke or use a naked light or cause a naked light to be used in the immediate vicinity of an inflammable material

Are all safety precautions with regard to fire being carried out as prescribed ?

Written Confirmation of Compliance

If a manufacturing process (as defined in Sec 2(k) of the Factories Act) is carried on, provide a first aid box with a book on instructions on first aid and the items of medical equipment mentioned in Rule 15.

Is a first aid box with the specified equipment being maintained in the establishment if a manufacturing process is carried out ?

Details of position of first aid box and its contents

To restrict any employee from working in any other establishment on a day or part of a day on which he is given a holiday or is on leave.

Are no employees who are leave or holiday from any establishment under the act permitted to work in this establishment on such leave or holidays ?

Written Confirmation of Compliance

Ensure that the name board of the establishment is displayed in Marathi in Devanagiri Script. The name board can be displayed in other languages alongside the Marathi version

Is a name board for the establishment displayed in Marathi ?

Written Confirmation of Compliance

To maintain a register of employment in Form H or J of the Rules, and a register of leave in Form M of the Rules with respect to all employees covered under the act. All entries are to be made in these registers on the same day and have to be authenticated by the employer or the manager. Registers have to be maintained in Marathi, Devanagiri Script or English. All registers and records are to be maintained for a period of two years after the last entry. If a muster roll or wage register is maintained under the Minimum Wages Rules, it is not necessary to maintain the register of employment or leave. An employer can apply for exemption from maintaining any register or muster roll if he already maintains all the data required for that register in another register

Are a register of employment,and a register of leave being maintained, and entries made in them on a daily basis ? Are all registers and records maintained for two years ?

Register of Employment, Register of Leave

Provide every employee with a leave book in Form N. The book shall always be the property of the employee and it may not be demanded except to make entries in it, and will not be kept for more than a week at a time. If an employee loses his leave book, provide him another copy on payment of 50 paise. If an employees wages are below Rs 300, the employer may, with the written consent of the employee, maintain the leave book in his custody. If a muster roll or wage register is maintained under the Minimum Wages Rules, it is not necessary to provide employees with leave books.

Has every employee been provided with a Leave Book ?

Written Confirmation of Compliance

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Visit Book

Set-On/Set-Off Register

In a residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment, Exhibit a notice in Form L, specifying the day or days of the week on which his employees shall be given a holiday (such notice being exhibited before the employees to whom it relates cease work on the Saturday immediately preceding the first week during which it is to have effect). This notice should also be displayed in a shop or commercial establishment which is entitled to exemption from section 18(1) of the Act subject to the condition that employees concerned are given one day in a week as a holiday and no deductions are made from their wages on account thereof Any notice required to be exhibited under these rules shall be exhibited such that it is readily seen and read by all people whom it affects. Notices should be replaced when they become defaced or are not clearly legible. Every employer shall exhibit in his establishment, a notice containing extracts of the acts and rules in the prescribed manner and in the languages of the majority of its employees

Is a notice in Form L regarding holidays, displayed in the establishment if required ? Are all notices under these rules maintained in the specified manner ?

Written Confirmation of Compliance

Maintain a Visit Book in which an Inspector visiting the establishment may record his remarks regarding compliance with the Act. The book shall be produced whenever required by the Inspector. The Inspection Book should be as per the specifications prescribed in Rule 13 (b). If the book is lost, the loss should be reported immediately to the Inspector and a new book created.

Is a bound visit Book being maintained as prescribed ?

Examine the Schedule under Section 2(g) of the act to see if any workmen employed fall within the definition listed in the schedule and obtain a legal opinion on coverage for each job.

Are any employees covered under the Minimum Wages Act ?

List of jobs falling under the act and legal opinions for the same.

Examine notifications of scheduled jobs and ensure all workers in those employments are paid the minimum wage as specified in notifications from the Government. Minimum Wages are payable in Cash. No unauthorised deductions are to be made from the wages.

Are all workers in scheduled employments being paid at least the minimum wage in cash, without unauthorised deductions ?

Details of workers in scheduled employments and their wages.

Ensure that employees covered under the Minimum Wages Act have a normal working day of not more than the prescribed hours and with the prescribed intervals. Ensure that employees are paid overtime at the prescribed rate for hours worked beyond the number prescribed. Every worker shall be allowed a fixed day of rest every week. An employee working on a rest day will be paid at a rate not less than the overtime rate.

Are workers covered under the Minimum Wages Act paid overtime for working beyond the prescribed hours ?

Details of prescribed working hours and details of overtime paid

a) Ensure workers are paid a full days wages if they work for less than the full day except on account of their unwillingness to work b) An employee who does 2 or more classes of work should be paid the minimum rate for each of those tasks pro-rated for the time spent on each. c) An employee who is employed on piece work shall be paid time rate wages if no piece rate wages are specified in the act.

Have Sections 15,16 & 17 of the Minimum Wages Act been complied with in respect to Employees covered by the Act ?

Written Confirmation of Compliance.

Maintain all prescribed registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and any other prescribed particulars. Display all prescribed notices in the manner prescribed. Maintain wagebooks and issue wage slips as per the guidelines

Are All Prescribed Registers, Records and Notices being maintained ?

Written Confirmation of Compliance

Maintain a Register showing the computation of the allocable surplus for each annum in Form A, Bonus Rules

Is an Allocable Surplus Register being maintained in the format specified under the Bonus Act ?

Allocable Surplus Register

Maintain a Register showing the set-on and set-off of the allocable surplus for each annum in Form B, Bonus Rules

Is a Set-On/Set-Off Register being maintained in the format specified under the Bonus Act ?

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Bonus Register Maintain a Register showing the details of the amount of bonus due to each employee in Form C, Bonus Rules

Is a Bonus Due Register being maintained in the format specified under the Bonus Act ?

Evaluate the organisations liability for payment towards gratuity and obtain insurance from the LIC or a prescribed insurer for this amount or if the organisation already has an approved gratuity fund, finance the fund to the extent of the liability

Is there adequate Insurance Cover/ is the gratuity fund adequately funded for the organisations liability towards payment of gratuity ?

Actuarial Evaluation of liability and status of Insurance/Fund Finances

Register the establishment with the controlling authority under the Gratuity Act in the prescribed manner

Is the establishment registered with the controlling authority appointed under the Gratuity Act

Copy of Form acknowledged by the appropriate authority

On completion of one years service, obtain employee nominations for gratuity in the prescribed forms. Ensure that only family members are nominated if employee has a family. If an employee subsequently acquires a family, a fresh nomination has to be obtained . The employee is obligated to register any changes in nomination details with the employer. If a nominee predeceases an employee, the employee has to make a fresh nomination in respect of the portion assigned to that nominee. Nominations are to be valid at all times and are to be kept in safe custody by the employer

Do valid gratuity nominations exist in safe custody for all employees ?

Gratuity Nomination forms for all employees

Check if any employees wages (all remuneration whether by way of salary allowances or otherwise) is below Rs 1600 per month

Are any employees covered under the Payment of Wages Act ?

List of employees with wages below Rs 1600 per month

Fix wage periods less than one month for all employees eligible under the Payment of Wages Act

Are wage periods of not more than one month fixed for all employees eligible under the Payment of Wages Act ?

Written Confirmation of Compliance

Ensure Wages are paid before the expiry of a) The 7th day where < 1000 people are employed b) the 10th day in other establishments after the last day of the work period for which the wages are payable. On termination of an employees services, wages are payable within 2 days of the date of termination

Have all wages been paid within the stipulated time for employees covered under the Payment of Wages Act ?

Written Confirmation of Compliance

Ensure that any deduction or fine made from wages for employees covered under the Payment of Wages Act are only as specified under Sections 7-13 of the Act. Deductions should not exceed 75% of the wages

Are all deductions made from employee wages only as prescribed under the Payment of Wages Act as per Sections 7-13 of the Act ?

Legal Opinion on validity of all deductions from wages

Prepare and display a notice containing the abstracts of the Payment of Wages Act and the rules made thereunder in English and in the language of the majority of the persons employed

Is a notice of the abstracts of the Act in English and in the language of the majority of the employees displayed in the establishment ?

Written Confirmation of Compliance

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Croma - Andheri (Mumbai)

Croma - Juhu (Mumbai)

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Croma - CBD Belapur (Navi Mumbai)

Croma - Hadapsar (Pune)

Croma - Yerawada (Pune)

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