Ease of Doing Business Labour Wing ... - Gujarat State Portal · purpose to give proper attention...

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Ease Of Doing Business Page 1 of 46 Ease of Doing Business Labour Wing (EODB) Help Guide for Public Users For Consolidated Annual Return (CAR) Date: 01-Aug-2018 Version 2.0

Transcript of Ease of Doing Business Labour Wing ... - Gujarat State Portal · purpose to give proper attention...

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Ease of Doing Business Labour Wing (EODB)

Help Guide for Public Users

For

Consolidated Annual Return (CAR)

Date: 01-Aug-2018

Version 2.0

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Revision History:

Version Revision Date Author Reviewed By Remarks

V1.0 21-Aug-2018 Syamala Sharma Sanjay Tamboli Initial Copy!

V2.0 25-Mar-2019 Syamala Sharma Sanjay Tamboli Updated Sections from D-J

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Table of Contents…

1 Introduction .................................................................................................. 4

2 Consolidated Annual Return ......................................................................... 5

2.1 Consolidated Annual Return (CAR) ............................................................................. 10

2.1.1 Header & Part A & B ........................................................................................................ 10

2.1.1.1 Factory Information .................................................................................................... 10

2.1.1.2 Owner Information ..................................................................................................... 12

2.1.1.3 Employee Information ................................................................................................ 14

2.1.1.4 Part A-B ....................................................................................................................... 15

2.1.2 Part C ............................................................................................................................... 17

2.1.3 Part D .............................................................................................................................. 19

2.1.3.1 Factory Information .................................................................................................... 20

2.1.3.2 Employee Information ................................................................................................ 21

2.1.3.3 Hazardous Operations................................................................................................. 23

2.1.3.4 Wages .......................................................................................................................... 25

2.1.3.5 Safety Detail ................................................................................................................ 29

2.1.3.6 Dangerous Operations ................................................................................................ 32

2.1.3.7 Accident Detail ............................................................................................................ 33

2.1.4 Part E ............................................................................................................................... 35

2.1.5 Part F & G ........................................................................................................................ 37

2.1.6 Part H .............................................................................................................................. 39

2.1.7 Part I ................................................................................................................................ 41

2.1.8 Part J ................................................................................................................................ 43

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1 Introduction The Labour & Employment Department was separately established on 17th July, 1980 with the

purpose to give proper attention towards the labour and employment related matters and with an

object to give speedy required employment and for purposeful planning. Rules, policies, programs

and welfare measures for matters related to Labour Welfare, Employment, Training and Human

Empowerment and taken along with making programs for Employment Creation for workers. The

Principal Secretary is the head of the Labour & Employment Department. The Policies, Rules and

Orders formulated by the Government are executed by Heads of the Departments under the

administrative control of the Department. There are State Apprenticeship Council and State level

Advisory Committee for the activities like Rehabilitation of Bonded Laborers under the Labour &

Employment Department. Gujarat is the first state in India to have established an independent office

of the Rural Labour Commissioner for the implementation of minimum wages for the Agricultural

Workers.

This document is intended for the use of Public Users (Establishment Owners, Contractors, and other

Organizations, engaged in Labour & Employment.

Following application are available on https://col.gujarat.gov.in/e-shram.htm for public users:

Applications Under Contract Labour Act

1. Registration Application

2. License Application

3. License Renew Application

4. Application for amendment in

registration

5. Application for amendment in license

Applications Under Interstate Migrant

Workers Act

1. Registration Application

2. License Application

3. License Renew Application

4. Application for amendment in

registration

5. Application for amendment in license

Registration Applications

1. Motor Transport Workers Act

2. Self-Certification Scheme

3. Application for amendment in

registration

Other Applications

1. Notice for Closure Under Section 25-

FFA(1) of IDA

2. Conciliation cases - IDA

3. Reinstatement 10(1)

4. Consolidated Annual Return

Search

1. Establishment Registration from 1-

Oct-2015 till date

2. Contractor License from 1-Oct-2015

till date

3. Registration search between 1-Jan-

2015 and 30-Sep-2015

4. Contractor License Search between 1-

Jan-2015 and 30-Sep-2015

5. View Inspection Before 1-Oct-2015

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2 Consolidated Annual Return Registered users of CLRA, MTW, Self-Certification Scheme and IMW (with approval) can fill this CAR

form. Open you web browser and enter “https://col.gujarat.gov.in” and a page as shown below

would appear,

Figure 2-1

After you open this page, click on the tab and you will be redirected to a page as displayed

below,

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Figure 2-2

Select from Home Page.

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Figure 2-3

Instructions page will be displayed Tick the checkbox for ,

click to continue with application recording.

A login page will open as shown below,

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Figure 2-4

Enter following information to login:

Email Id* – Enter your registered Email Id

Password* – Enter Password

Language* – Select Language from dropdown list

Location* – Select Location from dropdown list

Verification Code* – Enter verification code as displayed above

Click button to login and fill the application for CAR

Note:

If you are a new user and do not have the login credentials, then click to register with Commissionerate of Labour, Gujarat Portal. See, Registration as New User!

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Dashboard will be displayed after successful login:

Figure 2-5

You can view already submitted CAR form by selecting or you can fill and submit the CAR

for current year by selecting .

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2.1 Consolidated Annual Return (CAR) CAR form will have following sections; you can fill all the details and submit the same:

Header & Part A-B

Part C

Part D

Part E

Part F-G

Part H

2.1.1 Header & Part A & B

Header & Part A-B will have the following sub sections to fill:

Factory Information

Owner Information

Employee Information

Part A-B

2.1.1.1 Factory Information

Click to enter/view factory information. System automatically fetches the

information related to factory.

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Figure 2-6

Information related to factory will be fetched from the registration information. Check the details.

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2.1.1.2 Owner Information

After entering Factory information click button. You can fill the detail if required.

Figure 2-7

Most of the information will be fetched from registration detail.

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Figure 2-8

Fill the details regarding Contractors. You can add Contractor information for specific location.

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2.1.1.3 Employee Information

After entering Owner detail, enter employee information;

Figure 2-9

Enter following detail:

Name and residential address of the manager/person responsible for supervision/control of the

Establishment/Factory;

Name – Enter name of responsible person

Address – Enter address

District – Select district from the list

Taluka – Select Taluka from the list

Place – Select Place from the list

Pin code – Select PIN code from the list

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Commencement Date – Select commencement date from calendar

Nature of industry / activity – Enter nature of industry or activity

Number of employees employed (Including contract workers) o Type of Worker – Enter number of workers Unskilled, Semi-skilled, Skilled, (for

both Male and Female) o Total – will be calculated automatically

Direct – Enter direct employees

Through contract – Enter number of employees through contract

Total – Total will be calculated automatically

2.1.1.4 Part A-B

Click to proceed with first section of CAR.

Figure 2-10

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Enter following details:

Part A

The Part A is to be furnished if the maximum numbers of employees employed on any day during the year

under report does not exceed 9 (Nine).

Number of days the factory/establishment worked in the year – Enter Number of days the factory/establishment worked during the year

Number of man days worked in the year – Enter total number of man days worked during the year

Number of average employees employed in the year – Enter average number of employees employed during the year

Actual wages paid category wise – Enter wages for male and female in rupees

Total cash value of wages paid in kind Rs. ( A + B ) – Will be calculated automatically

Total fine imposed (if any) Rs. – Enter total fine imposed in rupees

Other deductions (if any) Rs. – Enter other deductions if any

Part B

The Part A and Part B are to be furnished if the maximum numbers of employees employed on any day

during the year under report exceed 9 (Nine)

Amount of bonus paid Rs. – Enter total amount paid as bonus

Percentage of bonus paid – Enter percentage of bonus paid

Number of beneficiaries – Enter total number of beneficiaries

Date of payment – Select date of payment from calendar

If bonus is not paid, reason there of- specify the reason, in case if the bonus is not paid

Click button to complete Part A–B. System displays message on successful submission;

Figure 2-11

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2.1.2 Part C

Click to add contractor detail; or System will fetch the contractor information

from registration detail:

Figure 2-12

Note: Part A, B & C are to be furnished, if the establishment has employed more than 9 (nine) contract

labour on any day during the year under report. (Details to be provided by the principal Employer).

Enter following detail:

Name – enter the name of contractor

Address – enter postal address of the contractor

District Code – select district code from dropdown list

Taluka Code – select Taluka code from list

Place Code – select place code from the list

PIN code – select PIN code from the list

Tel No. – enter telephone number

Figure 2-13

Nature of work / operation of contractor – enter nature of work or operation of contractor

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Total number of days during the year on which the contract labour was employed:

Total Number of man days worked during the year of contract labour – enter total number of man-days worked during the year of contract labour

Total Number of man days worked during the year of direct labour - enter total number of man-days worked during the year of direct labour

Note: Part A and F are to be furnished HALF YEARLY by the Contractor employing more than 9 workers.

Duration of contract (Number of days worked during the half year) - enter the duration of contract i.e., number of days worked during the half year

Average number of contract labour worked on any day during the half year – enter average number of contract labour worked on any day during the half year

Enter Details of:

Working hours – Enter working hours

Over time work – Enter overtime work

Weekly holidays – Enter weekly holidays

Spread over - specify spread over

Weekly holiday paid or not - specify weekly holidays paid or not

Enter number of Male and Female workers, Total will be calculated automatically

Number of man days worked during the half year:

Amount of wages paid Rs - enter amount of wages paid in rupees

Amount of deduction from wages Rs - enter amount of deduction from wages in rupees

Have the following been provided? Select the option from dropdown list:

Canteen

Rest rooms

Drinking water

Creches

First aid

Remarks

Employee Day No.

Location and year will be displayed for the logged in user.

Click to save contractor detail. You can add more than one contractor information;

Saved contractor detail will be displayed in grid below:

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Figure 2-14

Click to submit and proceed with Part D. System displays message on successful save;

Figure 2-15

2.1.3 Part D

You need to fill the following details under Part D:

Figure 2-16

Note: Part A, B & D is to be furnished by the factory registered under the Factory Act, 1948 employing less

than 250 employees.

Factory Information

Employee Information

Hazardous Operations

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Wages

Safety Detail

Dangerous Operations

Accident Detail

2.1.3.1 Factory Information

Following information related to the factory will be fetched from establishment information;

Figure 2-17

Note:

Part A, B & D is to be furnished by the factory registered under the factory Act, 1948 employing less than

250 employees.

Section of the Act under which the factory is covered – enter section of the Act under which factory is covered

Sector of industry (Public sector, Joint sector, Govt. sector, Private sector) – enter sector of industry (Public sector, Joint sector, Govt. sector, Private sector)

Licensed worker– enter total number of licensed workers

Licensed HP – enter total number of licensed HP

Licence renew application submitted – select date from calendar

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To – select to date from calendar

Plan Approval Number – enter plan approval number

Plan Approval Date – enter plan approval date (select from calendar)

Stability Certificate obtain date – select date of stability certificate submitted

Stability Certificate submitted date – select date for stability certificate submitted date

Finished Product – enter finished product

Intermediates – enter intermediates, if any

Raw material – enter raw material

Click to continue with Part D

2.1.3.2 Employee Information

Click to continue with Part D

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Figure 2-18

Enter following information:

(i) Average Daily Workers Male – enter daily average male workers

Average Daily Workers Female – enter daily average female workers

(ii) Number of days the factory worked during previous year – enter number of days the factory worked during previous year

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(iii) Number of man day worked (i.e. Aggregate attendance during the previous year) – enter number of man-days worked by men and women. Specify Aggregate attendance during the previous year

o (a) Adults o (b) Adolescent

(iv) Average Number of workers employed daily (i.e. Man days worked divided by number of days worked)– enter average number of workers (Men and Women )employed daily

o (a) Adults o (b) Adolescent o (c) Children – enter average number of workers (Boys and Girls )employed daily

(v) Total number of man– hours worked (by men and women) including over time but excluding rest interval

o (a) Adults o (b) Young Person

Location and year will be fetched automatically

Click to continue with Part D

2.1.3.3 Hazardous Operations

Click to proceed with CAR form

Click to add hazardous operations

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Figure 2-19

Enter following detail:

In respect of factory carrying on processes / operation declared hazardous under section 87, furnish the

following information:

Dangerous Process / Operation Name - enter name of the process / operation name

Average No. Of Persons Employed Daily In Process - enter average number of employees employed in the process

Medically examined – enter medically examined Men & Women employees

Declared Unfit – enter medically unfit Men & Women employees

Location and year will be fetched automatically

Click to save the detail. Saved information will be displayed in the grid below;

Click to proceed with Part D

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2.1.3.4 Wages

Select under Part D;

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Figure 2-20

Enter following detail:

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Start time and end time for first shift, second shift and third shift

Normal working time for women- enter time

Whether transport and security provided? (GFR 91A) – select option from dropdown list

Whether certificates of these are obtained for employment of young person (above 14 year)in prescribed form5 sec 69 – select option from dropdown list

Whether leave with wages allowed to the eligible employees( Sec 79) – select option from dropdown list

Number of workers discharged / dismissed / quit / superannuated – specify the number

Number of workers in respect of whom wages in lieu of leave were paid

Enter total number of Adults ( Men & Women ) and Young person (men and women)

Enter number of Adults ( Men & Women ) and Young person (men and women) entitled for annual leave with wages during the year

Enter number of Adults ( Men & Women ) and Young person (men and women) granted for annual leave with wages during the year

Location and Year will be fetched automatically

Click to proceed with Part D

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Figure 2-21

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Enter following information for accident detail:

Section of the Act under which the factory is covered - enter section of the Act under which factory is covered

Sector of industry (Public sector, Joint sector, Govt. sector, Private sector) - enter sector of industry (Public sector, Joint sector, Govt. sector, Private sector)

Licensed worker- enter total number of licensed workers

Licensed HP - enter total number of licensed HP

Licence renew application submitted – select date from calendar

To - select to date from calendar

Plan Approval Number - enter plan approval number

Plan Approval Date - enter plan approval date (select from calendar)

Stability Certificate obtain date - select date of stability certificate submitted

Stability Certificate submitted date – select date for stability certificate submitted date

Finished Product - enter finished product

Intermediates - enter intermediates, if any

Raw material - enter raw material

Proceed with Accident details by selecting button

2.1.3.5 Safety Detail

Click to enter detail related to Safety;

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Figure 2-22

Enter following detail:

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(1) Provision of factory medical officer - select option from dropdown list (options are Full time, Not Applicable, Part time or Retainer ship)

(2) Number of industrial hygiene employed to monitor work environment as specified under section 7-A 112 – Enter number of industrial hygiene employed to monitor work environment as specified under section 7-A 112

(3) Details of safety officer & safety supervisors

Specify Safety Officer & Safety Supervisor requirement (Required / Appointed)

(4) Safety committee functioning?

(5) Safety programs and workers information

No. of safety program for training and awareness last year - specify trainings conducted for safety and awareness

No. of workers trained - enter number of workers trained

(6) For Major Accident Hazardous Factories-

(a) On site emergency plan prepared / amended date – select date from calendar

(b) Rehearsals done for onsite emergency plan during last year – select date from calendar

(c) Detail of safety policy, safety audit & safety report - enter details of safety policy, safety audit and safety report

(d) Whether information regarding hazards and actions taken provided to public, workers and - select option from dropdown list options are (Yes/ NO)

(7) Provision of Ambulance room, required staff, ambulance van - select option from dropdown list options are (Yes/ NO)

Ambulance room

Required staff

Ambulance van

(8a) Whether canteen facility provided as per standard prescribed If More than 250 workers are - select option from dropdown list options are (Yes/ NO)

(8b) Is canteen managed / run permanently? - select option from dropdown list options are (Yes/ NO)

Through contractor? - select option from dropdown list options are (Yes/ NO)

(9) Whether rest room and lunchroom are provided? If more than 150 workers are employed - select option from dropdown list options are (Yes/ NO)

(10) Whether creche facilities provided for the use of children of woman employees? - select option from dropdown list options are (Yes/ NO)

(11) Whether Welfare Officer appointed as per the provision laid down - select option from dropdown list options are (Yes/ NO)

Welfare Officer – specify whether Required/Appointed

Click to proceed with hazardous operations

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2.1.3.6 Dangerous Operations

Click to continue with Part D

Click to add hazardous operations

Figure 2– 2-23

In respect of factory carrying on processes / operation declared hazardous under section 87, furnish the

following information:

Dangerous Process / Operation Name – enter name of the process / operation name

Average No. Of Persons Employed Daily In Process – enter average number of employees employed in the process

Medically examined – enter medically examined Men & Women employees

Declared Unfit – enter medically unfit Men & Women employees

Location and year will be fetched automatically

Click to save the detail. Saved information will be displayed in the grid below;

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Proceed with Accident details by selecting button

2.1.3.7 Accident Detail

Click to enter accident detail:

Figure 2-24

Enter accident detail as explained below:

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(16) Reporting of accidents to factory inspectors:

Enter number of accidents and dangerous occurrences during previous year. Enter following detail

for the accidents involved occurred inside or outside the premises under the heads as ‘Only Non-

Fatal Injuries’ and ‘Fatal Injuries as well as Non-Fatal Injuries’. Write the description and numbers

along with location i.e., inside or outside the premises.

Enter values for:

Dangerous occurrences not involving injuries / death

Dangerous occurrences involving injuries / death

Major accidents involving injuries / death

Major accidents not involving injuries / death

Injuries occurring inside the factory during previous year:

Enter number of injuries occurred in:

Number of Injuries Occurring in

Hazardous Process U/S 2(cb)

Dangerous Operation U/S 87

Others

Specify numbers for ‘Numbers of Accidents’, ‘Persons Injured’ and, fatal or Non-Fatal injuries.

Non- fatal injuries (workers injured during the year and returned to the work in same year)

No. Of Injuries

Man Days Lost Due to Injuries

Non- fatal injuries (Occurring in previous year in which injured worker return to the work in the year to which this information relate)

No. Of Injuries

Man Days Lost Due to Injuries

Location and year will be fetched automatically

Click button to proceed with Part E

Figure 2– 2-25

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2.1.4 Part E

Location, year and form detail will be fetched automatically

Figure 2– 2-26

Enter following detail:

1. Whether application in respect of Fines being imposed on the employees is sent to Chief Inspector of Factories as per the Provision (Rule 10) – select option from dropdown list options are (Yes/ NO)

2. (I) Number of Man days worked (i.e. aggregate attendance) during the year for person earning more than Rs.1600 / P.M.

Adult (a)

Young Person(b)

(II) Average number of workers employed daily (i.e. maydays worked divided by number of days worked) for persons earning more than Rs.1600 / P.M.

Adult (a)

Young Person(b)

3. Total wages paid including deduction under Section 7(2) of the Payment of Wages Act, 1936 for persons getting less than Rs.1600/P.M.

a. Basic wages only Rs.

e. Non– profit sharing bonus Rs.

b. Dearness Allowances Rs.

f. Any other bonus Rs.

c. Composite wage Rs.

g. Any other amount paid cash

d. Overtime wages Rs.

h. Arrears of pay in respect of previous year paid during the year Rs.

i. Total wages paid total of (a + b) or (c + d + e + f + g + h)

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4. Gross amount paid as remuneration to person getting less than 1600/P.M. including deduction under section 7(2)

(a) Total wage paid

(b) Bonus paid

(c) Commission

(d) Deductions– No. of cases

(e) Deductions amount realized

5. My establishment is covered under the Motor Transport Workers Act, 1961 and I have maintained records and registers as per the act.

(I). No. of workers discharged / dismissed from service during the year :

(II). No. of workers who received Holidays in the :

(a) Same Month

(b) Following Month

(c) Third Month

(III). No. of Facilities :

(a) No. of dispensaries and their situations

(b) No. of Doctors

Click button to save the information. System displays message on successful save

Figure 2– 2-27

Click to continue and proceed with Part F & G

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2.1.5 Part F & G

Figure 2– 2-28

Location and Year will be fetched automatically;

Enter following information:

Details for self–certification under The Maternity Benefit Act 1961 & Rules made there under:

Number of female workers on any day

No. Of women workers claimed for maternity benefit (Section 5)

No. of women workers paid maternity benefit(Section 5)

No. of cases in which medical bonus is claimed (Section 8)

No. of cases in which medical bonus is paid (section 8)

No. of cases of leave for miscarriage is applied (Section 9 &9– A)

No. of Cases of leave for miscarriage is granted (Section 9 &9– A)

No. of cases additional leave for illness applied (Section 10)

No. of cases additional leave for illness granted (Section 10)

Total amount of bonus paid

whether nursing breaks allowed to eligible women employees(u/s 11 & Rule 7)

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Whether women employees are dismissed from service during their pregnancy depriving of their

entitled maternity benefit or medical bonus, if so,

Number of women dismissed

Reasons

Gujarat Physically Handicapped persons (Employment in Factories) Act, 1982 and rules made there

under.

1.Total workers employed – enter total workers employed

2. No. of employed physically Handicapped persons – enter number of physically handicapped employees

3. Obtained Certificates for all workers from Certifying Surgeon? Select value

4. Whether all physically handicapped persons are recruited from registered persons with employment exchange – specify whether or not the physical handicapped persons recruited from registered persons with employment exchange

5. Record of physically handicapped persons maintained in Form II. (Rule– 3)– Is physically handicapped persons record maintained in Form II?

My establishment is covered under the Inter State Migrant Workmen Act, 1979 and I have

maintained records and registers as per the Act–

No. of migratory workers employed during the year – specify number of migratory workers

Maximum strength of Direct employees, employed on any day during the year – specify maximum strength of direct employees, employed during the year

Total no. of days, on which direct employees employed during the year – specify total number of days, during which direct employees are employed

My establishment is covered under the Beedi and Cigar Workers Act, 1966 and I have maintained

records and registers as per the Act.

Average No. of home based workers – specify average number of home based workers

No. of Female workers, who opted for maternity leave during the year –number of female employees who opted for maternity leave

In Industrial Establishment

Home workers

Click to save and proceed with Part H. System displays message on successful completion of Part F & G.

Figure 2– 2-29

Click to continue with Part H

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2.1.6 Part H

Part H of the CAR form is exclusively for the Establishments of Boilers.

Figure 2-30

Location, Year, and Form No. will be fetched automatically by system

Registration Number – enter registration number

Boiler / Economizer – select type of boiler/ economizer

A. Name of owner – enter name of the owner

Economizer installed Address where Boiler / – enter address where boiler installed

B. Information of Boiler Proficiency Engineer reporting fitness of Boiler/ Economizer – enter following

information

Name – enter name of the engineer

Address – enter address

District code – select district code

Taluka code – Select Taluka code

Place code – Select place code

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Pin code – enter PIN code

Email ID – enter email id

Tel. No. – enter contact number

Fax No. – enter fax number

Type of Proficiency certificate – enter type of proficiency certificate

Certificate No. – enter certificate number

Certificate Issue Date – select certificate issue date

Certificate Issued By – enter name of the person issued the certificate

Endorsement detail – enter endorsement detail

Inspection Date – select inspection date

Validity Start Date – select validity start date

Validity to Date – select validity to date

Total number of employees whose names stand on the establishment register on 30th June/31st December– enter total number of employees whose names stand on the establishment register on 30th June/31st December

Employees' contribution payable at the rate of Rs. 6.00 per Employee in terms of Entry No.1 – enter employees contribution @ Rs. 6.00 per employee

Employees' contribution payable at the rate of Rs. 12.00 per Employee in terms of Entry No.1 – enter employees contribution @ Rs. 12.00 per employee

Contribution already paid to the welfare Commissioner:

A. Employees' Contribution

No. of Employees

Amount Rs.

B. Employers' Contribution

Date of Payment

Mode of payment

In case of non-payment or less payment of contribution the reasons thereof – enter reasons for non or less payment of contribution

Click to save CAR

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2.1.7 Part I

Figure 2-31

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Enter following information:

Modification to the Original Estimates

Revised Date of Completion 28/03/20 19 Date of Stoppage 12/03/20 19

Stoppage Reason

Actual Cost Estimates O Actual Cost Incurred

Whether work is being handed over to any other Person / Agency for completion: Yes /No

Name of such Person

Agency

Address of Person

Agency

District *

Place *

Click to add record; Enter following detail:

Stage Cost

Amount Bank Name

Advance Challan No

Final Challan Date

Deduction at Source

Click to save the detail; saved information will be displayed in the grid below:

Click Submit to submit the detail

Click to proceed with Part J

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2.1.8 Part J

Figure 2-32

Enter following detail:

Name of construction site

Site Location

Select district and taluka from respective dropdowns

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Figure 2-33

• Establishment name • Permanent Address • District & Taluka • Principle Employer’s name • Father’s name • Name • Address • District & Taluka • Pin code • Principle Employer’s date of birth, mobile number and Email Id

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Figure 2-34

Figure 2-35

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Fill the form for manager’s information and number of accident detail and click button to submit

the CAR form.

Submitted CAR Form can be viewed from dashboard by selecting button.

Figure 2-36