The Karnataka State Self Certification-Cum-Consolidated Periodical

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The Karnataka State Self Certification-Cum-Consolidated Periodical Returns

Scheme-2015

Form - I

From

………………………………………….

………………………………………………...

………………………………………………….

To,

The Notified Authority,

Department of Labour

Government of Karnataka

Subject:- Application for permission to be covered under the Karnataka State Self –

Certification-Cum-Consolidated Periodical Return Scheme-2015 under labour

laws being enforced by Department of Labour, Government of Karnataka-

regarding

Sir,

I/We have gone through the provisions of the Karnataka State Self – Certification-Cum-

Consolidated Periodical Return Scheme-2015 and have understood the same. I/We wish

to be covered under the said Scheme. The necessary information and other documents as

required under the scheme are herewith submitted for your consideration and acceptance.

I/We undertake to abide by all terms and conditions of the scheme. it is also certified that

I/We am/are competent and duly authorized to make any statement or provide any

information to any competent Authority of Labour Department on behalf of this

establishment/enterprise. As such I/We request you kindly issue me/us necessary

approval for the same.

Kindly issue the necessary approval at the earliest.

Thanking you,

Yours faithfully,

(Name, Designation and Full

Address of the Employer / Manager)

Enc:- (1) List of documents

(2) Self Declaration

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Acknowledgement Slip

This is to acknowledge that an application in respect of the Karnataka State Self –

Certification-Cum-Consolidated Periodical Return Scheme-2015 under labour laws has

been received by the undersigned from M/s…………………………………………….

(Full address in Capital and the same has been entered in the office receipt Register at

Sl. No……….. Dt………………. Any further correspondence in favour in this regard

may be done by stating this Sl. No…………………

Authorized Signatory

For Department of Labour

Government of Karnataka

Place : . . . . . . . . . . . . . . . . .

Date : . . . . . . . . . . . . . . . . . .

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The Karnataka State Self Certification-Cum-Consolidated Periodical Returns

Scheme-2015

LIST OF DOCUMENTS TO BE ATTACHED WITH FORM-I

SL

NO DOCUMENTS

ENCLOSED,

YES OR NO

1

Registration Certificate under Karnataka Shops and Commercial Act 1961

and Karnataka rules 1963 / Licence obtained under Factories Act 1948 /

Registration Certificate of Principal Employer / Licence of Contractor

under Contract Labour Act whichever is applicable.

2 ESIC Challan / EPF Registration Certificate / Challan

3 Details of Fees and Security Deposit paid documents.

4 Permanent and Postal Address & ID Proof of Proprietor / Partners /

Directors / Occupiers.

5 Rent Agreement / Ownership Deed / Lease Deed

6 Copy of Memorandum of Association and Articles of Association, in case

of Pvt. Ltd., Public companies.

7 Partnership Deed in case of Partnership Firm.

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Registration / Licence obtained under any Central / State Govt. Agencies

(TIN Registration Certificate, if Registered / VAT Registration/ Service

Tax / Licence Obtained from Industries and Commerce Department).

9 Declaration regarding non-employment of child Labour.

10 Land line, Mobile number, E-mail IDs Proprietor / Partners / Directors /

Occupiers / Contractor / Employer for communication.

11 Any other related Documents.

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The Karnataka State Self Certification-Cum-Consolidated

Periodical Returns Scheme-2015

Form-III

SELF CERTIFICATION

I/We . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . S/o/D/o/W/o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . R/o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

Manager of M/s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby certify as under :

That I/We have applied for grant of coverage of unit/establishment by the name

of . . . . . . . . . . . . . . . . . . . . . . situated at (complete address of the unit) . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . under the Karnataka State

Self-Certification-cum-Consolidated periodical Return Scheme-2015 of Department

of Labour, Government of Karnataka, as notified vide Notification No. . . . . . . . . . .

. . . . . . dated . . . . . . . . . . . . . . . . . .

1. That I have gone through the provisions of the Scheme and have

fully understood the provisions of this Scheme and undertake to

abide by the same.

2. That it is declared that I/we are complying and will continue to

comply with all provisions of labour laws covered under this

Scheme.

3. That it is hereby further solemnly affirmed that the contents given

above are true and correct to the best of my/our knowledge and

belief.

4. That I agree to accept the penalty prescribed under specific

enactments and this Scheme in case of violation detected in this unit

/ establishment under any labour law covered under the Scheme

after filing of the information return under the Scheme.

PLACE: . . . . . . . . . . . . . . . . .

DATE: . . . . . . . . . . . . . . . . . . Signature of the Applicant

(Name, Designation and Full Address)

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Manual of Employer/Entrepreneur Education

RESPONSIBILITIES OF THE EMPLOYERS UNDER DIFFERENT LABOUR

LAWS

(The provisions of different labour laws to be complied given below are illustrative

and not exhaustive and are meant for general guidance. for details please refer to

respective Act and Rules.)

1. The Karnataka Shops and Commercial Establishment Act, 1961 and Rules.

1.Obtain Registration of the shop or commercial establishment as required under

the Act and also get it amended from time to time if any change occurs in the

particulars.

2.Give Appointment letters in Form-Q to each Employee.

3.Fix the weekly hours, weekly holidays, compensatory holidays, daily hours,

intervals for rest, spread over period as specified in the Act and rules made there

under.

4.Pay extra wages of overtime as twice of the ordinary rate of wages.

a) Maintain the following registers:

b) Attendance Register

c) Inspection Book

d) Leave with Wages Register

e) Extra Wages for overtime register, Register of Fines, and Register of

Deductions for damages for loss in Prescribed Form and all other registers

as required under law.

5.Give the Periodical leave with wages, and other admissible leave as prescribed.

6.Provide safe and hygienic working condition as prescribed.

7.Submit the prescribed Periodical returns within the stipulated time.

8.Abide by all the provisions of the Karnataka Shops and Commercial

Establishment Act, 1961 and the Rules framed thereunder by the Government of

Karnataka from time to time.

9. Please read the Act and Rules

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2. The Minimum Wages Act, 1948 & Rules.

The employer has to

1. Pay the minimum wages to the workers as notified by the Government of

Karnataka from time to time.

2. fix and allow weekly day of rest/substitute weekly – off.

3. Fixation of number of daily working hours in case of adult for 9 hours.

4. in case of over time working, to pay the workmen at double the rate of their

ordinary wage and to maintain a register of overtime in Prescribed Form.

5. to maintain the following records and to produce the same for inspection to the

inspecting authority :-

A. Register of Fines and Register of Deductions for damages for loss in

Prescribed form both as laid down under the Rules.

B. Periodical Returns in Prescribed Form.

C. Register of Wages in Prescribed Form containing signatures/thumb

impression to the workmen.

D. Wage slips duly signed by the employer in Prescribed Form.

6. display the following notice in English, Hindi and in a language as understood by

the majority of the workers in the employment at the main entrance of the

establishment and in the office in legible condition

A.Abstract of the Minimum Wages Act, 1948 and the Rules made by the

Government of Karnataka there under in Prescribed Form

B.Name and address of the inspector :

C.The prevalent minimum wages as notified by the Government.

7. Authenticate the entries in the register of wages and wages slips are authenticated

by himself or by any person authorized by him in this behalf.

8. Abide by the provision of the Minimum Wages Act, 1948 and the Rules framed

by the Government of Karnataka from time to time.


3. Payment of Wages Act, 1936 & Payment of Wages Rules.

The employer has to:

1. Fix the wages period which will not exceed one month.

2. Pay the wages to the employed persons on or before 7th (employing less than

1000 persons) 10th (employing more than 1000 persons) of every month.

3. P ay the wages in current coins/currency notes/ Bank Account

4. Deduct from the wages of an employed person wages as per provisions after

following the due procedure only.

5. Display the notice containing the abstract of the Act and the rules made there

under in English, Hindi, and Kannada in languages of the majority of the

employed persons.

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6. Maintain the following registers

Register for fines;

Register for deductions for damage or loss;

Register of wages.


4. The Payment of Bonus Act, 1965 and Payment of Bonus Rules

(The Act is applicable to establishments in which 10 or more persons are employed on

any day in the preceding twelve months).

The employer has to;

1. Maintain in Form “A” the record in respect of computation of the ‘Available Surplus’

in respect of any accounting year.

2. Maintain the Set on and Set off of allocable surplus in Form-B

3. Maintain the record of the bonus paid to employees for any accounting year Form-C

4. Submit Periodical Return in Form-D

5. Pay the bonus to the employees within 8 months of the close of the accounting year;

6. Produce the accounts, books, registers or other documents whenever asked for

inspection.


5. The Contract Labour (Regulation and Abolition) Act, 1970 and Karnataka Rules

framed there under.

The Principal Employer and the Contractor of the establishment shall provide the

following

1. Facilities to the contract labour and in case of failure on the part of contractor to do so

the principal employer i.e. the establishment shall provide the same and may recover

the expenses from the contractor either by deduction from any amount payable to the

contractor under any contract or as a debt payable by the contractor as laid down u/s

20 of the Act:

2. Canteen facilities as prescribed under Karnataka Rules.

3. Rest rooms or suitable alternative accommodation to the contract labour.

4. Other facilities like sufficient supply of wholesome drinking water convenient places,

sufficient number of latrines and urinals of the prescribed type washing facilities etc,

as prescribed under Karnataka Rules.

5. First-aid facilities to be made available to the contract labour during all working hours

with prescribed contents.

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6. Submit the Periodical Return in Prescribed Form in duplicate to the Registering

Officer not later than the prescribed date following the end of the year to which it

relates.

7. Maintain the Register of Contractors in Prescribed Form

8. Record certificate at the end of the entries in the Register of Wages indicting that the

workmen concerned have been paid in his/ presence.

9. In case the contractor fails to make payment of wages within the prescribed period or

make short payment, the establishment shall be liable to make the payment of wages

in full or the unpaid balance due, as the case may be to the contract labour employed

by the contractor.


6. The Payment of Gratuity Act, 1972 and Karnataka Rules framed there under

(The Act is applicable to establishments in which Ten(10) or more persons are employed

on any day in the preceding twelve months).


1. Give notice of opening in Prescribed Form to the Controlling Authority within 30 days.

2. Give a notice in Prescribed Form to the Controlling Authority in case of any change in

the name, address, employer or nature of business.

3. Give a notice in Prescribed Form to the Controlling Authority in case of close down of

business at least sixty days before the intended closure.

4. Ensure that a notice is displayed near the main entrance in bold letter in Hindi and in a

language understood by at least one third of the employees, specifying the name of

the officer with designation authorized by the employer to receive on his behalf

notices under the Act or the rules;

5. Ensure that the employees who have rendered continuous service for not less than five

years are being paid/shall be paid gratuity on superannuation/retirement/resignation

and the nominees of an employee who dies during the service are also being paid/shall

be paid gratuity even though five years of service have not been rendered.

6. Ensure that the amount of gratuity is/shall be determined by the employer and the

notice in writing is/shall be given to the person to whom the gratuity is payable and

also to the Controlling Authority.

7. Ensure that the amount of gratuity is / shall be paid within 30 days from the date it

becomes payable as has been laid down under the Act and the Rules.

8. Ensure that an abstract of Act and the rules made there under in Prescribed Form in

English and in Hindi has been displayed at a conspicuous place.


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7. The Maternity Benefit Act, 1961 and Karnataka Rules,

(The Act is Applicable where Five(5) or more persons are employed on any day in the

preceding twelve months)

(The Act is not applicable where the establishment is covered under the Employees State

Insurance Act 1948);


1. Ensure that no woman is being employed knowingly during the six weeks immediately

following the day of her delivery. Miscarriage or medical termination of pregnancy.

2. Ensure that the Maternity benefit at the rate of average daily wage for the period of her

actual absence for delivery or twelve weeks whichever is less, is being paid to the

women employees, and in case of her death before receiving the maternity benefit, the

same shall be given to the person nominated by the said women.

3. Ensure that a medical bonus of two hundred and fifty rupees is also being given to the

female employees in case the free of charge pre natal confinement and post natal care

is not provided by the establishment.

4. Ensure that a six weeks leave for miscarriage or medical termination of pregnancy is

also being given to the affected women employee.

5. Ensure that leave with wages for two weeks for tubectomy operation is given to

women employees.

6. Ensure that every woman who has delivered a child who returns to duty shall be

allowed in the course of her daily work two breaks of twenty minutes duration for

nursing the child until the child attains the age of fifteen months.

7. Maintain the record of women employee of the establishment in Prescribed Form

8. Exhibit an abstract of the Act and the rules there under in Prescribed Form in the

language of the locality at a conspicuous place in every part where the women are

employed.


8. The Child Labour (Prohibition and Regulation) Act, 1986 and Karnataka Rules

there under.

Note: Child means a person who has not completed his fourteenth year of age.

The Employer has to ensure that;

1. No child has been employed or permitted to work in any of the occupations set forth in

part-A; of the Schedule or in any workshop wherein any of the processes set forth in

part-B of the schedule is carried on.

2. No child is permitted to work in the establishment for more than four and half hours

on any day.

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3. The period of work of a child on each day has been so fixed that no period exceeds

three hours and no child shall work for more than three hours before he has had an

interval for rest for at least one hours and the spread over is not more than six hours

including the time spent in waiting for work.

4. No child has been permitted or required to work between 7 P.M. to 8.A.M. and not

required or permitted to work overtime.

5. Every child employed in an establishment has been allowed a weekly holiday.

6. The notice to inspector as required u/s 9(2) of the Act has been given containing the

information as per section 9(1) of the Act;

7. The record in prescribed Form has been/shall be maintained.

8. The notice containing abstract of section 3 and 14 has been displayed at the place of

work in local language and in English language.

9. The health facilities and safety of child as required u/s 13 have been provided.

10. All the provisions of the Act and the rules are/shall be complied with.


9. The Beedi & Cigar Worker (Conditions of Employment) Act, 1966.

1. Employer use the place or premises as an industrial premises only with valid licence

issued under the Act.

2. Employer has to observe conditions of licence.

3. Industrial premises to be kept clean and free from effluvia arising, from any drain,

privy or other nuisance.

4. Record of date of white washing, colour washing, varnishing, painting & cleaning to

be maintained by the employer.

5. Industrial premises to maintain prescribed standards of lighting, ventilation and

temperature.

6. Washing facilities to be provided and maintained in the industrial premises for both

male & female employee.

7. In every industrial premises where more than 30 (thirty) female employees are

employed creches to be provided in the mentioned standards.

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8. In Industrial premises, the employer to provide adequate fire fighting equipment.


ANNEXURE

FORM FOR SELF CERTIFICATION AND CONSOLIDATED PERIODICAL

RETURN TO BE SUBMITTED BY AN EMPLOYER FOR COMPLIANCE OF

LABOUR LAWS

I, Mr./Mrs./Miss. ……………………………………..hereby, certify that I am

Employer/ Contractor of the establishment whose identification and general details are

as follows. I, hereby certify that the status of compliance of following Labour Laws

and Periodical information of my enterprise during the year………………… is as

under.

1.The Karnataka Shops and Commercial Establishments Act, 1961 and karnataka Rules made

there under as amended from time to time.

2.The Payment of Wages Act, 1936 and the karnataka Rules made there under as amended

from time to time.

3.The Minimum Wages Act, 1948 and karnataka Rules made there under as amended from

time to time.

4.The Contract Labour (Regulation & Abolition) Act, 1970 and karnataka Rules made there

under as amended from time to time.

5.The Maternity Benefit Act, 1961 and karnataka Rules made there under as amended from

time to time.

6.The Payment of Bonus Act, 1965 and karnataka Rules made there under as amended from

time to time.

7.The Payment of Gratuity Act, 1972 and karnataka Rules made there under as amended from

time to time.

8.The Equal Remuneration Act, 1976 and karnataka Rules made there under as amended from

time to time.

9.The Industrial Employment (Standing Orders) Act, 1946 and karnataka Rules made there

under as amended from time to time.

10.The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and karnataka Rules

made there under as amended from time to time.

11.The Inter State Migrant Workmen (Regulation of Employment and Conditions of Service)

Act, 1979 and karnataka Rules made there under as amended from time to time.

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12.The Motor Transport Workers Act, 1961 and karnataka Rules made there under as

amended from time to time.

1. Name and Address of Establishment:

Tele No. Mobile No. Fax No. E-mail address.

2. Name and residential address of the Employer/ contractor:


3. Name and residential address of the manager or person responsible for supervision

or control of the establishment:


4. Registration No./Licence No. and year of commencement of the establishment :

5. Nature of Business/activity:

Employment Portal Reg.No. Whether vacancy uploaded: Y/N

6. Number of Employees employed:

(including contract workers)

Type of Worker Unskilled Semiskilled Skilled Tota

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Male Female

Direct

Through Contractor

Total

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FORM FOR SELF CERTIFICATION UNDER VARIOUS LABOUR LAWS.

1. Name and address of the

Establishment

Phone No./ e-Mail/Fax/website

2. Proprietor/Partner/Director of

Establishment

Phone No./ e-Mail/Fax/Website

3. Registration/Licence no. (Which

ever Labour Act applicable)

4. Nature of Business

5. No. of Employees

a) Regular

b) Contract

c) Daily Wages

Male Female Total

6. Weekly holiday

I/Mr/Mrs/Miss……………………………… hereby, certify that I am

Employer/Contractor of the establishment whose identification and general details are

as above. I, hereby declare that I comply with all the provisions of following

Applicable Labour Act’s.

1. The Karnataka Shops and Commercial Establishment Act, 1961 and Karnataka Rules

thereunder.

2. The Minimum Wages Act, 1948 and Karnataka Rules thereunder.

3. The Payment of Wages Act, 1936 Rules thereunder.

4. The Contract Labour (Regulation & Abolition) Act, 1970 and Karnataka Rules

thereunder.

5. The Maternity Benefits Act, 1961 and Karnataka Rules thereunder.

6. The Payment of Bonus Act, 1965 and Karnataka Rules thereunder.

7. The Payment of Gratuity Act, 1972 and Karnataka Rules thereunder.

8. The Equal Remuneration Act, 1976 and Karnataka Rules thereunder.

9. The Industrial Employment (Standing Orders) Act, 1946 and Karnataka Rules

thereunder.

10. The Plantation Labour Act, 1951 and Karnataka Rules thereunder.

11. The Motor Transport Workers Act, 1961 and Karnataka Rules thereunder.

12. The Karnataka Industrial Establishments (National & Festival Holidays) Act, 1963

and Karnataka Rules thereunder.

13. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 and Karnataka

Rules thereunder.

14. The Sales Promotion Employees (Conditions of Service) Act, 1976 and K Karnataka

Rules thereunder.

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15. The Inter State Migrant Workmen (Regulation of Employment and Conditions of

Service) Act, 1979 and Karnataka Rules thereunder.

16. The Child Labour ( Prohibition and Regulation) Act, 1986 and Karnataka Rules

thereunder.

17. The Karnataka Labour Welfare Fund Act, 1965.

I declare that I have also complied with the following provision;

1. That I have issued appointment letters, leave with wages books to all workers and I

have maintained all the registers and records prescribed under Karnataka Shops &

Commercial Establishment Act.

2. That I have issued salary slip to all the workers and minimum wages as per the Govt.

Notification and I have maintained all the registered and records under The Minimum

Wages Act, 1948.

3. The Wages were paid as per law and no deductions that are not authorized under the

law have been made for the wages thereof of the workers.

4. That no child below the age of 14 years has been employed in the establishment and

women workers have not been discriminated against in any.

5. That I have compiled with the provisions of the Payment of Gratuity Act, 1972, that

the arrangement is made to accept the nomination form of workers, that the notice in

form-U has been exhibited and ………………………. Workers are paid Rs.

……………………….. As gratuity under the Act during the year.

6. That I have paid the bonus to the employees as per the Payment of Bonus Act, 1965.

7. That ……………………………….. Workers were removed or retrenched during the

year and I have paid their dues as provided under labour Laws.

8. That I have maintained the registers/ records prescribed under these Acts, and

displayed the requires notices.

9. That I Undertake to Provide, Statutorily prescribed up-to-date Information, registers

and records, whenever competent authority of the Department asks the same.

I hereby state that the information given as above are true and correct to the best of my

knowledge, information and belief and in case it is proved to be false, I will be liable

for punishment as provided under concerned law.,

Yours faithfully,

Date : --------- (Signature of Employer/Manager

Place : --------- /Authorized Signatory with

Full Name, Designation and Postal Address)