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A Project Reportof
LegalCompliances
At
JUSCO,Jamshedpur
Dissertation Report
Submitted in partial fulfillment ofthe Master Of
Business AdministrationSubmitted
by:Kishore Kumar
MahatoReg.
1ay09mba73(HR)2009-11
Undersupervision of
Prof. .. Acharya Institute Of Technology,Bangalore.
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Acknowledgment
DECLARATION
PREFACE
The subject of my project-work is measuring
training effectiveness in Legal Compliances. It
has been done with the purpose of satisfying the
needs of degree course. Legal Compliances is one
of the hottest topic in the Human Resource
Management. Today, in the highly competitive
market, every organization is thriving to achieve
its goal with a minimum cost production. Any
organization aims to produce quality goods and
services at a competitive price so as to achieve
customers satisfaction. Not only that, they also
aim to bring customers delightment.
This aim can only be
achieved if an organization possesses efficienthuman resources. The human resources (the most
vital of all resources) can only be efficient if there
is a proper training and development programme.
A number of research works is being carried out on
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the topic of training effectiveness. A number of
techniques have been suggested by the
researchers on increasing the effectiveness. This is
because,; once the training is imparted; itbecomes necessary to have a significant tool to be
used to measure the effectiveness of training.
Otherwise, we can not assess whether the training
imparted was really beneficial to employees or not.
If yes, then up to what extent it was useful for the
employees.
ContentsChapter 1 .................................................................................................................................................. 71.1 Introduction about Legal Compliances
............................................................................................... 81.2 Objective of Legal Compliances
......................................................................................................... 81.3 Method of study
.................................................................................................................... 10Chapter -2 ................................................................................................................................................. 11
2.1 Company Profile ................................................................................................................................ 12
JUSCO ................................................................................................................................................... ..12
JUSCOVision ................................................................................................................................... .12
JUSCO-MissionJUSCO CoreValues ..........................................................................................................................12
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.................................................................................................................................................................. 13Chapter- 3 ................................................................................................................................................. 14
3.1 The Employment Exchange Act, 1959 & Rules .............................................................................. 15
On monthlybasis: ...........................................................................................................................
.......... 15Rule6 Submission ofreturns ................................................................................................... 153.2 The EPF & Miscellaneous provisions Act, 1952 ................................................................... ..16
On yearlybasis: ......................................................................................................................................... 16Para35 Preparation of ContributionCards .............................................................................................. 16Para42 Renewal of ContributionCards ................................................................................................... 16
On monthlybasis: ............................................................................................................................. ..16On 15th orbefore ...................................................................................................................................... 16Form2 Nomination & DeclarationForm .................................................................................................. 17Form13/13A Application for transfer of EPFaccount .............................................................................. 17Form14 Application for financing life Insurance Policy out of the PFAccount .......................... 18
Form16 Application for advance from thefund ......................................................................... 18Form19 & 20 For claiming of Provident FundAccumulation ...................................................... ..22Para72(5) Payment of ProvidentFund .................................................................................................... 23Para69 (1) (a todd) ................................................................................................................................. 23Register to be maintainedfor: ................................................................................................................. 243.3 The Payment of Wages Act, 1936 ..................................................................................................... 25
3.4 Equal Remuneration Act, 1976 .............................................................................................. 26
FormD register, Rule 6 of Equal Remuneration Rules,1976 ........................................................... 263.5 Employees State Insurance Act, 1948 .................................................................................. 27
Registration ofEstablishments. ........................................................................................................27
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Register to be maintainedfor: .......................................................................................................... 27Everymonth: .................................................................................................................................... 27
Yearly: .........................................................................................................................
..................... 28Onoccurrence: ................................................................................................................................. 293.6 The Maternity Benefits Act, 1961 .......................................................................................... 30
On monthlybasis: ............................................................................................................................. 303.7 The payment of Bonus Act, 1965 & Rules ............................................................................ 31
On yearlybasis: ................................................................................................................................ 31
Others: ............................................................................................................................................. 313.8 The Payment of Gratuity Act, 1972 ....................................................................................... 32
Form A, B & C Rule 3 of Payment of Gratuity Central rules,1972............................................. 32Form F, G, & HRule 6 (1), (3) & (4) of Payment of Gratuity Central rules,1972 ......................... 32Form I, J & K, Rule 7 (1), (2) & (3) of Payment of Gratuity Central rules,1972 ......................... 33FormL & M, Rule 8 (1) of Payment of Gratuity Central rules,1972 ............................................ 333.9 Companys & Establishment Act, 1963 (W.B.) ............................................................................. 35
Section5 Holiday in companys &establishments. .............................................................................. 35Section6 Hours of work incompany ...............................................................................................35Section9 Restriction of employment ofchildren ......................................................................... 36Section10 Restriction ofemployment ....................................................................................... 36Section11Leave .........................................................................................................................36Section12 Person employed to be entitled to wages for the period of privilege leavein ........ 36Section13 Wages for overtimework ......................................................................................... 37Section14 Payment of recovery ofwages .................................................................................. 37Section15 Notice of termination ofservice ............................................................................... 37
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Section16 Registration of companys andestablishment .............................................................38Section18 Persons employed to be furnished with letter ofappointment ............................... 39Section21Penalties ....................................................................................................................
393.10 Weekly Holiday Act, 1942 ...................................................................................................... 40
Section 3 Closing ofcompanys ........................................................................................................ 40Section4 Weekly holiday in companys, ...................................................... 40Section6 No deduction or abatement to be made fromwages .................................................. 40Chapter-4 ............................................................................................................................................ 41
4.1 Conclusion ............................................................................................................................... 42
4.2 Suggestion ............................................................................................................................... 42
1. Check Out These Guidelines to See if a Policy Is Needed ................................................... 422. Articulate the Goal of the Policy
........................................................................................... 434. Develop and Write the Policy
............................................................................................... 435. Review the Policy
................................................................................................................. 436. Obtain Management Support for the Policy ..........................................................................437. Obtain Legal Review of the Policy
....................................................................................... 448. Implement the Policy
............................................................................................................ 449. Decide How You Will Communicate the Policy in the Future ............................................. 44
10. Interpret and Integrate the Policy ......................................................................................44Risks of NotComplying ..................................................................................................................... 454.3 Bibliography ............................................................................................................................ 47
4.4 Annexure ................................................................................................................................. 47
Chapter 11.1 Introduction about Legal Compliances
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As this legal compliances is a part of a larger part for Human Resources Department called as
HR Legal Compliances An HR-is a Legal compliances by which an organization can measure
where it currently stands and determine what it has to accomplish to improve its humanresources function. It involves systematically reviewing all aspects of human resources, usually
in a checklist fashion, ensuringthat government regulations and company policies are being
adhered to. The key to an Legal Compliances is toremember it is a learning or discovery tool, nota test. There will always be room for improvement in every organization.
INTRODUCTIONLEGAL COMPLIANCES
Legal ComplianceEver increasing levels of legislation are affecting organisations across the world. Andthe effect is felt even more acutely when an organisation has operations in manydifferent locations.The strength of our global team is that we are able to advise clients on the impacts andrequirements of different legislation worldwide; regulations that apply internationally,regionally and nationally. There are some key benefits from this:
We can help clients maintain various management system standards, forexample ISO14001, by ensuring they have identified and are compliant withrelevant legislation We can help clients identify areas at risk of prosecution We identify forthcoming legislation and can help clients prepare to manage theimpacts We identify market opportunities that clients can take advantage of as theycomply with new and emerging legislation
Our experience enables us to deliver a balance between business sustainability, bestpractice and meeting minimum legislative standards.
We have an excellent track record working with operators, regulators and industrybodies. This gives us a depth of knowledge and understanding that enables us to offervery intuitive advice to our clients as we identify their legal obligations and audit
compliance against these obligationsIn summary our approach is as follows:
Identify your legal obligations Develop a register of these obligations Develop and implement control measures to deliver or improve compliance Provide training on specific legal issues and a holistic approach to managing all
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obligations Tracking impacts of changes and proposed future legislation Auditing an organisation's adherence to regulations on a periodic basis
We have expertise across all major areas of environmental and product compliance:
waste management; REACH; industrial permit applications; the future Climate ChangeBill; the list goes on, and this website details many of these specifically.
SUSTAINING LEGAL COMPLIANCE
Strict compliance with all applicable laws, regulations or internationaltreaties is critical to Thaless ability to conduct current and future business.Non-compliance with regulations could expose Thales and its officers to largefines, criminal or civil sanctions, sales and legal restrictions and reputational
damage.
Thales established a Compliance Programme in 2007 to better incorporatecompliance risk management within its business processes. The objective ofthis Group-wide Compliance Programme is to decrease the risk of non-compliance for Thales by helping to prevent occurrences, detect issues andlimit the consequences of any conduct that may violate the companyscommitments and internal policies or could lead to civil or criminal liability orreputational damage.
Thales operates within a far-reaching legal and regulatory framework. TheCompliance Programme pays special attention to areas relating to:
Company law and delegations
Competition & commercial laws
Social rights & employment laws
Export control
Anti-bribery laws
Environmental law
Occupational health and safety
National secrecy Intellectual property right.etc
To deploy the compliance programme across the organisation, Thales hasgiven its subsidiary CEOs the responsibility to design, implement andmaintain a satisfactory risk management and internal control system. TheGroup has appointed a Compliance Officer in each unit to help CEOs cope
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with the complex and constantly evolving legal and regulatory framework.
Thaless experts also produce self-assessment questionnaires thatcomplement the internal policies, guidance, training and tools already inplace. They allow Thales subsidiaries to assess the maturity of the measuresin place to prevent legal violations and serve as a baseline for definingimprovement plans when such measures are not deemed adequate.
Throughout the year, the Audit and Internal Control Department monitorsimplementation of improvement action plans by subsidiaries and providessupport to better prevent the risk of non-compliance.
Thales requires all subsidiaries under its control to formally report on themeasures and resources in place to secure compliance. CEOs are required tocomplete a yearly attestation letter in which they disclose their assessmentsand commitments for improvements. Yearly attestation letters flow upthrough the organisation and are consolidated in a report that is submitted to
the Executive Committee and Board of Directors and provides :-
We provide following legal support services to Indian limited companies to ensure compliance ofthe applicable provisions of the law.
Maintaining registers and records under the Companies Act [On retainer basis]
Compliance Certificate under the Companies Act
Certification ofROC e-forms
Annual filings with ROC
Registration of charge over assets of company (secured loans) under the Companies Act Transfer and Transmission of shares
Consolidation / sub-division of shares
Issue of duplicate share certificates
Change of name
Change ofregistered office Change ofobject clause of memorandum of association
Increase of authorised share capital
Change of articles of association
Appointment and resignation ofdirectors, additional directors, alternate directors,
nominee directors
Change of auditor Holding actual board meetings or committee meetings
Holding actual general meeting of shareholders
Appointment of Managing Director, whole Time Director or manager
Payment ofremuneration to directors Payment ofremuneration to relatives ofdirectors Loan to directors
Transactions with directors, relatives ofdirectors, other entities (firm, limited company,
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HUF, trust) wherein directors are interested
Conversion ofprivate limited to public limited
Accepting deposits / borrowings (unsecured loans) Removal of director
Removal of auditor
Payment of dividend Transfer of funds to Investor Education and Protection Fund
1.2 Objective of Legal Compliances
1)To insure the effective utilization of an organizations human resources.
2)To review compliance with a myriad of administrative regulations.3)To instill a sense of confidence in management and the human resources function that it
is well managed and prepared to meet potential challenges.
4)To maintain or enhance the organizations and the departments reputation in thecommunity.
5)To perform a "due diligence" review for shareholders or potential investors/owners.
6)Suggestions for complying with applicable labour legislations for setting up of a new
company or establishment.
7)Identification of all legislations governing the functioning of the company with specialreference to the concerned business segment
8)Implementation of an effective compliance system by providing the necessary
guidance and facilities
9)Educating companies on labour laws governing the filing of returns, maintenance of
registers, records and abstracts.
1)Legal compliance (Covered under this project)
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2)Compensation/Salary Administration
3)Employment/Recruiting4)Orientation
5)Terminations
6)Training and Development7)Employee Relations
8)Communications
9)Files/Record Maintenance/Technology10)Policies and procedures (including employee handbook)
In a legal compliances , the company's management team meets with corporate counsel in order
to discuss strategic plans and objectives, review key documents and records, and analyze
and identify current and projected legal needs of the company. The legal audit also laysthe groundwork for the establishment of an ongoing legal compliance and prevention
program in order to ensure that the company's goals, structure and ongoing operations are
consistent with the latest developments in business and corporate law. Finally, the legal
audit helps managers identify the legal issues triggered by changes in strategies, goals orobjectives and allows planning for the legal tasks that must be accomplished as a result of
the issues identified.
Issues in a Legal Audit (Compliance)
A comprehensive legal audit will examine a wide range of issues which may be as
mundane as whether or not the company is qualified to do business in foreign
jurisdictions or as complex as an analysis of the company's executive compensation and
retirement plans in order to ensure consistency with current tax and employment lawregulations. The topics that must be addressed include: choice and structure of the entity;
recent acts of the board of directors and documentation (or lack thereof) relating to thosedecisions; protection of intellectual property; forms and methods of distribution andmarketing; pending and threatened litigation; estate planning; insurance coverage; hiring
and firing practices; employment agreements; securities law compliance; antitrust and
related trade regulations; product liability and environmental law; and a review of salesand collection practices. Naturally, the extent and complexity of the legal audit will vary
depending on the size and stage of growth of the company, the type of business (such as
service vs. manufacturing), the number of shareholders and employees, the extent to
which the company does business in a "regulated industry," and a host of other factors.A legal audit may be performed on a periodic basis as part of an ongoing compliance
program or may be performed in connection with a specific event, such as a financial
audit, or in connection with a specific transaction, such as an acquisition or securitiesoffering. There are also specialized legal audits in specific areas, such as tax; labor and
employment; estate planning/asset protection; government contracts; franchising
compliance; and environmental law.Implementation of the Post-Audit Recommendations. Once the legal audit team has issued
its post-audit evaluation to the management team, the entrepreneur can implement the
recommendations of the report. What he or she does will vary, depending on the growthplanned by the company, as well as the specific findings of the report. At a minimum, the
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entrepreneur should schedule meetings with key personnel to review and discuss the postaudit
recommendations; prepare internal memos to educate the "rank-and-file"
employees; conduct employee seminars to educate employees about proper proceduresand compliance; and in certain cases, develop handbooks and operations manuals for
continued and readily available guidance for the company's staff. If significant problems
are discovered during the audit, counsel should be careful about what is included in thefinal written report in order to avoid potential adverse consequences down the road under
the central or state rules of evidence. In addition, the company can establish a "tickler
system" for periodic reporting and key dates/deadlines, as well as a time set for the nextlegal audit.
SCOPE OF THE PROJECT
To carry out a critical analysis of LEGAL COMPLIANCES analysis.
To find out the area of weakness in the existing Legal Environment control
mechanism.
To find out opportunity to make large the service market.
To extrapolate the companys position with other companies.
RESEARCH METHODLOGY
The whole project has been made by collecting data through primary and
secondary source. Primary source stand for that information i.e. collected by direct
questioner to concerned employees. Secondary source represent that information
that I got through journals, websites, magazines etc.
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RESEARCH DESIGN
The study is based on descriptive and applied research. The efficiency and efficacy
of Legal compliances management model of JUSCO LTD. The Legal requirement
as well as planning compliances is thoroughly studies. By using research and
process analysis the result of control mechanism has been summarized which help
in identify the effective of the system under preview to get the conclusion.
DATA INFORMATION SOURCES
COLLECTION OF DATA: Data has been gathered from both primary and
secondary sources.
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Primary sources
It comprises of discussion with concerned person and interview
Survey questionnaire
Observation on each and every department
By interviewing few officers from different Department and division
Secondary sources:
Annual reports
Journal and book
Study of files & office documents
Different records by account bills section, cost and raw material
Websites of JUSCO Ltd.
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DATA ANALYSIS AND INTERPRETATION
We have determined the process of changes in legal compliances of one foreign
service company and four domestic service companies. We have also found out
Legal obligation for all the companies and few record such as registration,annual
report,establishement,govt.roles,legal requirement for JUSCO Ltd.
LIMITATIONS
1. The topic is a voluminous one for which the time allotted was insufficiently
2. The scope of the study was limited to the problem of JUSCO Ltd.
All department and division.
3. As a policy decision, accessibility of plant wise data was limited for
querying various issues arising out of the study
4. Adaptation to the new environment took its toll.
1.3 Method of study
Method used in this study is consultation with Industrial Law book by P.L.Mallick (vol.1 & vol.2).and
N.D. Kapoor.
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Chapter -2
INDUSTRY PROFILE
THE SERVICE INDUSTRY
In Indian Economy, jobs can be categorized into sectors, which can then be split into
divisions, each of which include various industries. There are two major sectors in In
Indian economy, as identified by the Indian Standard Industry Classification System:
the goods-producing sector and the service-producing sector. The goods-producing
sector includes agriculture, forestry, and fishing; mining; construction; and
manufacturing. The service-producing sector includes the divisions of (1)
transportation, communications, and utilities; (2)wholesale trade; (3) retail trade; (4)
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finance, insurance, and real estate; (5) public administration; and (6) services. This
sixth groupthe services divisionincludes a number of industries .
Main Groups of Industries in the
Services Division
Some agricultural services (including landscaping and horticulture)
Hotels and other places of lodging
Personal services (including dry cleaning, tax preparation, and hair
cutting)
Business services (including temporary agencies and business
software developers)
Automotive services
Miscellaneous repairs
Motion pictures
Amusements and recreation
Healthcare
Legal services
Private education
Social services
Museums, zoos, and botanical gardens Membership organizations (including houses of worship and clubs)
Engineering and management services (including consulting)
Other miscellaneous services
The service sector is difficult to define and to encompass. There are a number of ways to
identify the sector, its divisions, its industries, and the types of jobs within them. The
general category of the service division includes a wide variety of industries, but can be
categorized into primarily consumer-oriented (providing a service directly to a
consumer), primarily business-oriented (providing a service directly to another
business) or mixed (providing services to both businesses and individual consumers).
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Alternately, the services division activities can be described by their economic activities
as physical, intellectual, aesthetic, and other experiential activities. Physical activities
involve working with objects; examples include repairing cars, landscaping, cutting hair,
or preparing a meal. Intellectual activities involve providing education or training, such
as at a university or trade school. The aesthetic activities entail providing consumers
with artistic or visual experiences; museums, theater performances, art shows, and
musical performances are examples. Finally, other experiential activities involve
providing customers with recreation, such as in amusement and theme parks, zoos, or
campgrounds.
A final way in which to categorize services is by what is transformed through the service.
A service may transform a physical object, which occurs when something is repaired,
altered, or improved. Having an article of clothing custom-made, a room remodeled, or
an appliance repaired would involve transforming a physical object. Service division
jobs may also change a consumer. Examples of changes to consumers are education,
whereby the consumer learns knowledge or skills; health care, in which a person's
health is improved; or personal services, such as when a hairstylist cuts a consumer's
hair. A change to an organization is a third type of transformation involved in the
service industry. For instance, a management consulting firm may make changes to an
organization's structure or business processes to improve it. The final set of jobs in thiscategorization captures those professions in which there is no apparent object. For
example, when an attorney provides legal representation to a client, or in professional
sports competitions a service is provided, even though no specific object can be
identified.
GROWTH IN THE SERVICES INDUSTRY
Services Industry in India 2009-10 is a better year says CII Survey. According to a
Confederation of India industry Press release the stimulus Package was a Key Driver of Sector.
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26th April 2010, New Delhi, The services sector has revived from slowdown and has maintained
higher growth trends during the third and the last quarters of FY 10, according to a survey
conducted by the Confederation of Indian Industry (CII).
CII had undertaken a comprehensive survey based on the responses of more than 350 service
related industry associations, organizations and companies in both the private and public sectors.
The services sector has performed better during April-March 2009-10 (Estimated) over April-
March 2008-09 mainly on the back of the stimulus package provided by the governmentandcontinuance of the incentive measures including the 10 percent service tax in the recent Union
Budget according to Mr. Chandrajit Banerjee, Director General, Confederation of IndianIndustry.
Out of 51 sectors surveyed, 13.72 % of the sectors have recorded excellent growth of more than20% in April-March 2009-10. This is clearly an improvement over April-March 2008-09 during
which only 5.88 % of the sectors had recorded excellent growth rate. The share of the high
growth sectors has also increased to 43.13 % in April-March 2009-10 from 41.17% during thecorresponding period of the previous year. The share of moderate growth rate sectors has
increased from 35.29% to 41.17% indicating substantial improvement. The share of sectors
recording negative growth rate has significantly declined to 1.96 % from 17.65 % and this is a
clear sign of improvement.
According to the survey, Indian Telecom and Mutual Fund industry have emerged as the biggest
contributors in the growth of services industry both recording excellent growth rates.
The high growth category (10 to 20 percent) includes sectors like air passenger traffic, retail
trade, advertising, live entertainment, courier and logistics industry, healthcare, education &
training services, life insurance premium, etc.
Some of the sectors which have recorded moderate growth rate of (0 to 10 percent) include
railway freight traffic, revenue earning passenger traffic, air cargo, cargo handled at major ports,
foreign tourist arrivals, construction, etc.
However sectors like fixed line subscribers still continue to grow at a negative rate as moreconsumers can afford wireless services.
The CII survey has also identified some of the general and sector specific issues/constraints
faced by the services industry which need to be addressed to enable the services sector to
maintain higher growth momentum.
The general issues pertain to infrastructure bottleneck, low or no access to credit, high input cost,
security risks for mega projects in sensitive areas.
GDP
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Growth Trend of the Services Industry during April-March 2009-10
Period Excellent
(>20%)
High
(10-20%)
Moderate
(0-10%)
Negative
(
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TATASTEELP R O F I L E
Established in 1907 by its Founder J N Tata, Tata Steel is Asia's first and
India's largest integrated private sector steel company. Over the years, Tata Steel
has emerged as a thriving, nimble, steel enterprise, due to its ability to transform
itself rapidly to meet the challenges of a highly competitive global economy and
commitment to become a supplier of choice by delighting its customers with
services and products. Constant moderniSation and introduction of state-of-the-art
technology at Tata Steel has enabled it to stay ahead in the industry and
successfully meet the expectations of all sections of stakeholders. Tata Steel's four-
phase Modernisation Programme in the steel works has enabled it to acquire the
most modern steel making facilities in the world. Recently, Tata Steel
commissioned its 1.2 million tonne capacity Cold Rolling Mill complex at 'Global
Speed and Cost'. Its fifth phase of the Modernisation Programme leveraged the
intellectual capabilities of its employees to generate sustainable value for the
stakeholders. Tata Steel is taking better Knowledge Management initiatives to shift
focus from creating new physical assets to utilising them with ingenuity and a
sturdy business sense, the company has been recognised as Asia's Most Admired
Knowledge Enterprise at the World Knowledge Forum, Seoul, Korea. Most recently,
it has embarked on programme for expansion of its existing steel making capacity
by 1million tonne to reach a rated capacity of 5 million tonnes per annum.
Tata Steel's turnover in fiscal 2002-03 was nearly Rs 9800 crores. The
company's profit in the same year was Rs 012 crores, which is its highest ever
Strive relentlessly to
build relationship andinfluence
Ruthless cutting of
wasteful
expenditure
Mutate and improvefuriously
Code ofConductChange CustomerCost
Value UnderPlanning
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JUSCO conferred Most Admired Developer in Water &
Urban Infrastructure Sector by 3rd KPMG InfrastructureToday Awards
Archives
Ja
:: AWARDS AND RECOGNITIONS
JUSCO conferred Most Admired Developer in Water &
Urban Infrastructure Sector by 3rd KPMG Infrastructure
Today Awards
~Applauses JUSCO mandate for converting an obligatory
service into customer focused sustainable entity~
Jamshedpur Utilities and Services Company (JUSCO) has been
conferred Most Admired Developer in Water & Urban
Infrastructure Sector during the 3rd KPMG Infrastructure Today
Awards. JUSCO has over nine decades of experience inproviding infrastructure services and is carved out by Tata Steel
from its Town Services Division in 2004. The award comes as
applause to the mandate for JUSCO to convert an obligatory
service into a customer focused sustainable corporate entity. TheAward was given away by Shri Kama Nath, Honble Minister of
Transport, Road and Highways at New Delhi on 01 December2010.
The Award was received by Mr Manish Sharma, Managing
Director, JUSCO along with Mr Raghunath Pandey, President,
JUSCO Shramik Union. Speaking while receiving the covetedaward, Mr Manish Sharma, Managing Director, JUSCO said
that the KPMG Infrastructure Today Awards acknowledges anorganizations landmark achievements in various infrastructure
projects. JUSCO is highly obliged to receive the title of Most
Admired Developer in Water & Urban Infrastructure Sector.JUSCO will keep on enhancing its services and come up to the
http://www.juscoltd.com/hall-fame.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/press-release-01-dec-10.asphttp://www.juscoltd.com/hall-fame.asp -
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best of the standards set by the industry in times to come.
JUSCOs expertise in executing projects on BOOT, BOT, EPC,
O&M, Concession and Franchisee models has led it to create a
niche for itself in the growing urban infrastructure services
sector in the country. Today it has presence in various cities andtowns of the country spanning eight states and serving several
urban local bodies and corporations through many landmark
projects. In a short span of time JUSCO has emerged as theleader in Indian urban water services sector.
JUSCO has also achieved international recognitions for its
efforts in water services sector Biennial 5th Asia Water
Management Excellence Award at Kuala Lumpur, Malaysia andGlobal Intelligence Award at London, United Kingdom.
JUSCOs operations at Jamshedpur have been conferred with
Total Productive Maintenance (TPM) Award by Japan Instituteof Plant Maintenance (JIPM) at Kyoto, Japan, the only company
in services domain in the world to have conferred this
prestigious award. In 2009, JUSCO was conferred with theNational Urban Water Award by the Honble President of India
for Citizen Services and Governance.
Today JUSCO is Indias only comprehensive urban
infrastructure service provider. It intends to rise to the challengeof meeting India's need for infrastructure development in a
sustainable manner by anticipating and addressing the country'sgrowth needs such that the ability of future generations to meet
their own needs is not compromised.
Its services include water, power, municipal solid waste
management, roads & bridges, industrial, civil and structural
construction. JUSCO works alongside civic bodies, large andsmall industries, urban local government bodies, communities
and individuals to deliver value through sustainable solutions.
JUSCO has a comprehensive service in the supply of water to
both industrial and domestic customers, which range from
operations & maintenance of the entire water cycle from intaketo treatment, conveyance and distribution. It is integrated with
capabilities such as asset management activities, GIS, billing,collection and Non Revenue Water reduction programmes.
The selection criteria for the award require various stakeholders
to work together and administer the measure of success. The
approach is based on a perception survey, moderated by a panelof eminent specialists. Based on the results of the survey,
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Jamshedpur Utilities & Services Company
Limited
BOARD OF DIRECTORS
Mr Bushen Lal Raina : Chairman
Mr Varun Kumar Jha : Non Executive Director,Member, Audit Committee,Member, Committee Of Board
Mr Narayan Prasad Sinha : Non Executive Director,
Chairman, Committee of Board,
Member, Remuneration Committee,Member, Audit Committee
Mr Partha Sengupta : Non Executive Director,
Member, Committee of Board
Mr Tapas Kumar Mitra : Non Executive Director,
Member, Remuneration Committee
Mr Shobhit Shukla : Non Executive Director,
Chairman, Audit Committee
Mr Manish Sharma : Managing Director,
Member, Committee of Board
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: MANAGEMENT TEAM
Mr Manish Sharma : Managing Director
Mr Ritu Raj Sinha : General Manager(Business Development & Corporate Services)
Mr K.N. Jha : General Manager
(Planning, Engineering & Construction)
Mr G. S. Basu : General Manager
(Water Management)
Mr Sharad Kumar : General Manager
(Power Services)
Mr P. C. Shukla : General Manager
(Water Services)
Mr Deepak P. Kamath : General Manager
(HR-IR)
Mrs Shakti Sharma : Chief Education
Capt.
Dhananjay Mishra
: Dy. General Manager
(Jamshedpur Town Services)
Mr Umanath Mishra : Chief Financial Officer
Mrs Preeti Sehgal : Company Secretary
Awards & Recognition
JUSCO Samachar (vernacular) conferred Gold Award by PRCI National Urban Water Award 2009 TPM Excellence Award - 2008
5th Asia Water Management Excellence Award - 2008 Commendation from Global Water Intelligence Award 2008First Prize for Excellent Management in the area of Rain WaterHarvesting - 2008 OHSAS 18001 Certification - 2008 ISO 17025 to water laboratory by NABL - 2007 ISO 14001 and 9001 recertification 2006
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PROFILE
In a first of a kind initiative in India, the Jamshedpur Utilities and Services Company (JUSCO)
was carved out of Tata Steel from its Town Services Division in 2004. In JUSCO, the steel majorreposed nine decades of experience and expertise. The mandate for JUSCO was to convert an
obligatory service into a customer focused sustainable corporate entity.
Jamshedpur Utilities & Services Company is today Indias only comprehensive urban
infrastructure service provider. A Tata Enterprise, its services focus on the Tata Group Purposeto improve the quality of life of the communities we serve.
The Group purpose is reflected in JUSCOs Mission of providing quality services for life. Its
services include water, power, infrastructure, public health and horticulture services. JUSCO
works alongside civic bodies, large and small industries, local government bodies, communitiesand individuals to deliver value through sustainable solutions.
The Company believes that a clear sense of the Tata Values and Mission allows it to achieveimmense clarity on its role forthe future. JUSCO intends to rise to the challenge of meeting
India's need for infrastructure development in a sustainable manner by anticipating andaddressing the country's growth needs such that the ability of future generations to meet their
own needs is not compromised.
:: JAMSHEDPUR LICENSE AREA (POWER)
The Power Services Division is responsible for the purchase, sale and distribution of electricity;augmenting and maintaining the power distribution infrastructure; as well as for municipal and
town management functions in its service area.
Yearafter year, JUSCO uses state-of-the-art technology and processes, proactively maintains
and upgrades equipment, to enhance its efficiency. The knowledge and expertise of its engineersand people, as well as a culture of excellence, allows it to maintain high quality power supply at
possibly the lowest tariff in India. All of these contribute to making it one of the countrys most
efficient power utilities.
Power Availability ensuring clean and reliable power at the doorstep of every consumer
Household Consumers enjoy the highest per capita power consumption in the country.
Industrial consumers growth needs are matched by continuously augmenting
infrastructure. Municipal Functions. Improvement in efficiencies
WATER & WASTE WATER SERVICES
Jamshedpur Utilities & Services Company provides comprehensive services in the supply of
water to both industrial and domestic customers. Our range of services cover operations &
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maintenance of the entire water cycle from intake to treatment, conveyance and distribution. We
integrate this service with capabilities such as asset management activities, GIS, billing,
collection and Non Revenue Water reduction programmes. The Company was formed in 2004and we have since ventured beyond Jamshedpur to create new facilities in water across the
country apart from modernising and maintaining existing ones.
Services offered
Operation and Maintenance of Water Treatment Plants Sewage Treatment Plants,distribution networks.
Build new Water Treatment Plant and Sewage Treatment Plant on EPC or BOOT basis.
Technical and Management support to improve performance of the Water Treatment
Plants, Sewage Treatment Plants and Distribution Systems. Control of Unaccounted for Water (UFW) or Non Revenue Water (NRW).
Creation of 24 x 7 municipal water supply systems.
GIS for asset management including updating of existing drawings.
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Customer support services including call centre facilities for prompt handling of
complaints.
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:: TATA STEEL
Established in 1907 as Asia's first integrated private sector steel company, Tata Steel, with therecent acquisition of Corus in 2007 is the worlds sixth largest steel producer.
The Tata Steel Group, as a combined entity, has geographic footprints in India, South East Asia,UK and Europe with an aggregate crude steel production capacity of around 28 million tonnes
having approximately 82,700 employees across the four continents. Tata Steels mines, collieriesand Jamshedpur works are ISO 14001 certified for environment management.
The companys Jamshedpur steel works along with its Ferro Alloys and Minerals Division, have
been conferred the SA 8000 certification for work conditions and improvements in theworkplace the first in the world.
Tata Steel which has also set benchmarks in the fields of corporate social responsibility and
corporate governance firmly believes in improving the quality of life of its employees and the
communities it serves.
SWOT ANALYSIS OF JUSCO
A. STRENGTH
Low cost and efficient labour force.
Strongly managerial capability.
Strongly globalised industry and emerging global competitiveness.
Modern new plants & modernized old plants.
Stable balance sheet (Low debt to equity ratio).
Experience of Tata Group in doing global acquisitions.
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B. WEAKNESS
High cost of energy,power and capital investment
Higher duties and taxes.
Infrastructure.
Quality of service.
Labor laws.
Dependence on imports for manufacturing equipments& technology.
B. OPPURTUNITIES
Huge infrastructure demand.
Rapid urbanization.
Increasing demand for consumer durables.
Untapped rural demand.
Consolidation trend in service industry.
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To get exposed to the global Service market (will save time and learning
space for Tata steel).
D.THREATS
Slow growth in infrastructure development.
Market fluctuations and chinas export possibilities.
Global economic slow down.
Threat of hostile takeover by its competitions
Analysis of each and every
Department from
the Legal Compliancespoint of view
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DEPARTMENT
NATURE OFWORK
GOVT.DEPT
LICENSE& REG.
MEDICAL-CHECKUP
TIMING
LEAVE
RETURNING &REPORT
VIOLATION WHY REQ.
ICS Company'spropertymaintenance(residential& non
residential)
Consumerprotection act-1986,Company act-1956Factoryact-
1948
Approval,licensingandregistration offactoriesMakingapplication to thegovernme
nt(As perCompanyact.1956
Yes(E.S.I act1948)Toprovideforcertainbenefitstoemploy
ees incase ofsickness,maternity andinjuryduringemploymentand tomakeprovision forcertainother
mattersinrelationthereto.
9AM-5PM(8 hrs,as perfact.act)noadultworker shall
beallowed toworkin afactory formorethanninehoursin anyday
ANNUALLEAVEWITHWAGESEvery
workerwhohasworkedforatleast240daysin ayearwillbeeligi
bleforleavewithwagesasunder ifanadult,)
Aggrievedemployeedepartmentalrepresentative
head of thedepartment
GrievanceCommittee.ChiefExecutiveVoluntaryArbitration(grievancehandlingprocedureunder---industrialdispute act-1947)
WATERMANAGEM
ENT
Toensures thesupply ofclean,puredrinkingwaterto thecitizens of
Jamshedpur
FACTORIES ACT,1948andwateract1974Under
1882 -TheEasement Actallowsprivaterights
(Approval,licensingandregistration offactoriesMakingapplication to thegovernment)
(Thefollowingbenefitsareprovided undersection46.SicknessbenefitMaternitybenefit
noadultworker shallbeallowed toworkin afactory formorethanninehours
Asperfact.Act:-ANNUALLEAVEWITHWAGESEverywork
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to use aresource thatis,groundwater,byviewing
it as anattachment totheland. Italsostatesthat allsurfacewaterbelongsto thestateand is astateproperty.1897 -TheIndianFisheries Actestablishes twosets ofpenaloffenceswhereby thegovernmentcan sueany
personwhousesdynamite orotherexplosivesubstance inany way(whethercoastalorinland)
withintentto catchordestroyany fishorpoisonous fishin orderto kill.1956 -
DisablementbenefitDependentsbenefitMedicalbenefit
Funeralexpenses)as perE.S.Iact.
in anyday .
erwhohasworkedforatleast
240daysin ayearwillbeeligibleforleavewithwagesasunder ifanadult,onedayforeverytwentydaysofworkperformed if
achild,onedayforeveryfifteendaysofworkperformed
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TheRiverBoardsActenablesthestatesto enroll
thecentralgovernment insettingup anAdvisory RiverBoardtoresolveissuesin inter-statecooperation.1970 -TheMerchantShipping Actaims todealwithwastearisingfromshipsalongthecoastalareas
within aspecifiedradius.1974 -TheWater(Prevention andControlofPollution) Actestablishes aninstituti
onalstructure forpreventing andabatingwaterpollution. Itestablishesstandar
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ds forwaterqualityandeffluent.Polluting
industries mustseekpermission todischargewasteintoeffluentbodies.TheCPCB(CentralPollutionControlBoard)wasconstitutedunderthis act.1977 -TheWater(Prevention andControlofPollution) CessAct
provides for thelevy andcollection ofcess orfees onwaterconsumingindustries andlocalauthorities.1978 -
TheWater(Prevention andControlofPollution) CessRulescontainsthestandar
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ddefinitions andindicatethe kindof andlocationof
metersthateveryconsumer ofwater isrequiredto affix.1991 -TheCoastalRegulation ZoneNotificationputsregulations onvariousactivities,includingconstruction,areregulated. Itgivessomeprotection tothe
backwaters andestuaries.EnvironmentprotectionAct-1986,
.
PH&HS Toprovide freecheck-
upandpreventionofhealth,processingofgarden
Laws:-Publichealthact
1955 inIndiaModelpublichealthact1987IndiaEnv.protectionact-1986
IndianPublicHealthAssociati
on .licensingandregistrationrenewalofmedicalpractitioners.Registration
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&municipalsolidwaste,segrigationofplasti
cwaste,treeplantation,reductioninchemicalpesticide.
Societyregistrationboard ofhorticulture-1860National
horticultureboardHealthandSafetyat WorkAct (OccupationalSafetyat Work1970OccupationalSafetyandHealthActOccupationalHealthandSafetyAct1991OccupationalSafetyandHealthAct1994
Timelineof majorU.S.environmentalandoccupationalhealthregulationWorkplaceSafetyandHealth
Act
Certificate fromtheLicensingauthorityfor ...Development .reg.
ofTheclinicalsciences,nutrition,preventive and
publichealthmedicine
DB & GR Toprovideaccommodation&Fooding oftatasteel
LAW:-Foodsafetyact-1990,2006,2009Meatsafetyact-
Foodlicense,Weightcaliberlicense,
Yes,medicaltest forfood.
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employees,govtemployees,leaders
bookingthroughtatasteel.Bookinghotelsthrougheasterntravells.
2000,Env.Pollutionact-1986
FLEETMANAGEMENT
CENTRE
Operatio &Maintanance ofroadvehicle&mobile,misc.equipments ofalldept.of
jusco&
othersdeptoftatasteel,
Law:-Underfactoryact-1948Approval,licensing andregistration offactoriesMakingapplication tothegovern
ment(As perCompanyact.1956)Envpollution act-1986Motorvehicleact-1988,ministryof road
transport,MRTP-act,healt &safetyact-1995,fire safetyact,trafficsafetyact
registration,permit,taxes,offences,construction,maintenance---undermotorvehicleact.LICENSING OFDRIVERSOF
MOTORVEHICLES.QMS-certification
http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Health_and_Safety_at_Work_Acthttp://en.wikipedia.org/wiki/Health_and_Safety_at_Work_Acthttp://en.wikipedia.org/wiki/Health_and_Safety_at_Work_Acthttp://en.wikipedia.org/w/index.php?title=Indonesian_Act_No.1/1970_about_Occupational_Safety_at_Work_1970&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Indonesian_Act_No.1/1970_about_Occupational_Safety_at_Work_1970&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Indonesian_Act_No.1/1970_about_Occupational_Safety_at_Work_1970&action=edit&redlink=1http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Acthttp://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Occupational_Health_and_Safety_Act_1991&action=edit&redlink=1http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Act_1994http://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Timeline_of_major_U.S._environmental_and_occupational_health_regulationhttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Acthttp://en.wikipedia.org/wiki/Workplace_Safety_and_Health_Act -
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EDUCATION
DEPT.
ToFacilitate 4eng.Mediumschool
,4Hindimediumschoolandoneintercollege(through
JUSCOEDUCATIONMISSIONJEM)
LAW:-EDUCATION
ACT,1987Right toeducati
on act2009,government ofIndiaact1860 foreducation ,
TheInstituteshould beregistered undertheSocieties
Registration Act1860 and...
FINANCE&
ACCOUNTING
Projectevaluation,stratagicplanningandfinancialaccountingmaint
enance ofalldpt.
Statutorypayment act.Tdspayment act.Provident fundact1952.Servicetaxpaymen
t act.Incometaxpayment act.Payment ofgratuityact1972.
CompanyRegistration Indiais a Well-established,Perceptive andDiscerningOrganization For ...Taxationand
licensingservices VatRegistration ...corporatefinance,accounting, andvarioustypes ofcompanyformations in India
PLANNING
ENG. &CONSTRUCTION
BUILD
INGconstruction,industryconstructionbridge,mall,road
LAW:-
ContractAct,Arbitration andConciliationAct....ConstructionPlanning andManage
Registere
d undertheprovisionof theregistrationAct.Registrations underprofession tax act,registrations under
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newconstructionandmaintanance,
ment.Company act1956.undertheArchitectsAct,
1972.
shopsandestablishmentact .
BILLING &CUSTOMERRELATION
Charges ofwaterandelectricitybill aswellasrentoflandalongwithmunicipalcontribution fornonemployeesin jsr.
LAW:-Electricity Bill
Act2003,Electricity Bill
Act1910ININDIA.Waterbill act1974 inIndia,RTI act2005.Municipal Act-1959,1872,MunicipalCorporationsActof 1949 ,Municipalitysystemact2000.
Registration undershopsandestablishment act.Electricity billinthe nameof theconcern ,WaterAuthorities/MunicipalCorporation 33Reg. ...40Registration UnderLabor
Act,LicenseforContractLabor .MunicipalLicenseswhich areissued in
.... 12.fees ontheregistration
POWERBUSINESS &
DIVISION
SupplyMaintananceAndhandlingbreakdown
poweroperationin
Jamshedpur.ThroughTATApower
LAW:-electricity act ofindia-1948,1910.Factoryact-1948Company act-
1956ElectricityAct,2003Contents. PART IPreliminary.PART IINationalElectricityPolicy
Licensingthrough(JSERC)and(SEB)EligibilityforobtainingElectricalContracto
r'sLicense. ...LicensingCommitteeconstituted underrule 10 oftheRegistration and
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andfromDVC.NEWCONNECTIONalso.
andPlan.PART IIIGeneration OfElectricity. PARTIV
Licensing ...
licensingofIndustrialUndertakings .
Chapter33.1 The Employment Exchange Act, 1959 & Rules
On monthly basis:Form ER-1 (Rule-6)
On 15th January/15th April/ 15 July/ 15th October
Quarterly returnsSent to the concerned employment officerRule6Submission of returns
An employer shall furnish to the Local employment Exchange, quarterly returns in Form
ER-I and biennial returns in Form ER-II. Quarterly returns shall be furnished within
thirty days of the due dates, namely, 31st March , 30th June,30th September and 31st
December, biennial returns shall be furnished within thirty days of the due date asnotified in the Official Gazette.
3.2 The EPF & Miscellaneous provisions Act, 1952
On yearly basis:
1. On or before 25th of April every year, annual return should be submitted to the concerned
regional officer in Form 3A/6A.For Form 3A, Paras 35 & 42 of the Employees Provident Funds Scheme, 1952; and
For Form 6A, Paras 43 of the Employees Provident Funds Scheme, 1952Para35Preparation of Contribution Cards
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The employer shall prepare a contribution card in Form 3 or in Form 3-A as may be
appropriate, in respect of every employee in his employment at the commencement of
the Scheme or who is taken into employment after that date and who is required orentitled to become or is a member of the Fund including those who produce an
Account Number and in respect of whom no fresh Declaration Form is prepared :
Provided that in the case of any such employee who has become a member of theFamily Pension Fund under the Employees' Family Pension Scheme, 1971, the
aforesaid Forms shall also contain such particulars as are necessary to comply with
the requirements of that scheme.Para42Renewal of Contribution Cards
An employer shall, on or before the expiration of the period of currency of the
contribution card, prepare in respect of each member employed by him a card in
From 3 or Form 3-A as may be appropriate, for the next period of currency :Provided that in the case of any such employee who has become a member of the
Family Pension Fund under the Employees' Family Pension Scheme , 1971, the
aforesaid form shall also contain such particulars as are necessary to comply with therequirements of that Scheme.
On monthly basis:On 15th or before
Challans of remittance of contribution to be submitted to concerned regional officer.
1. On 25th or before
Return of employees qualifying/ leaving & monthly remittance statement as Forms 5, 10
& 12A.
For Form 5, Para 36 (2) (a) of the Employees Provident Funds Scheme, 1952;
For Form 10, Para 36 (2) (b) of the Employees Provident Funds Scheme, 1952; and
For Form 12A, Para 38 (2) of the Employees Provident Funds Scheme, 1952Para36(
2)(a) & (b) Duties of employer(2) Every employer shall send to the Commissioner within fifteen days of the close of
each month a return -(a) In Form 5, of the employees qualifying to become members of the Fund for the
first time during the preceding month together with the declarations in Form 2
furnished by such qualifying employees, and(b) In such form as the Commissioner may specify, of the employees leaving service
of the employer during the preceding month:
Provided that if there is no employee qualifying to become a member of the Fund for thefirst time or there is no employee leaving service of the employer during the preceding
month, the employer shall send a 'NIL' return.
Para38(2) Mode of payment of contribution
(2) The employer shall forward to the Commissioner within twenty-five days of close
of the month, a monthly abstract in such form as the Commissioner may specify
showing the aggregate amount of recoveries made from the wages of all the members
and the aggregate amount contributed by the employer in respect of all such membersfor the month :
Provided that an employer shall send a Nil return, if no such recoveries have been
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made from the employees:
Provided further that in the case of any such employee who has become a member of the
Pension fund under the Employees' Pension Scheme, 1995, the aforesaid Form shallalso contain such particulars as are necessary to comply with the requirements of that
scheme.
Others:Form2Nomination & Declaration FormParagraphs 33 & 61(1) of the Employees Provident Funds Scheme, 1952Para33Declaration by person already employed at the time of the institution ofthe find.
Every person who is required or entitled to become a member of the Fund shall beasked forthwith by his employer to furnish and shall , on such demand, furnish to him,
for communication to the Commissioner, particulars concerning himself and his
nominee required for the Declaration Form in Form 2. Such employer shall enter theparticulars in the Declaration Form and obtain the signature or thumb-impression of the
person concerned.
Para61(1) Nomination
(1) Each member shall make in his declaration in Form 2, a nomination conferring theright to receive the amount that may stand to his credit in the Fund in the event of
his death before the amount standing to his credit has become payable, or where the
amount has become payable before payment has been made.
Form13/13A Application for transfer of EPF accountParagraph 57 of the Employees Provident Fund Scheme, 1952Para57Interstatetransfer of members
(1) where a member of the Fund ceases to be employed in one region and secures
employment in another region in an establishment to which this Scheme applies or
which is an exempted establishment or which is not covered under the Act but has aprovident fund scheme of its own, he may apply to the Commissioner within whose
jurisdiction he was previously employed, in such form as the Commissioner may
specify, for transfer of balance of the provident fund in his existing account to hisaccount in the other region.
(1) Where a member of the fund ceases to be employed in one establishment and
secures employment in another establishment in the same region, he may apply tothe Commissioner of the region, in such form as the Commissioner may specify forthe transfer of balance of the Provident Fund in his previous account to his account in
the new establishment where he takes up the employment.
Form14Application for financing life Insurance Policy out of the PFAccount
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Paragraph 62 of the Employees Provident Fund Scheme, 1952Para62Financing of members Life Insurance Policies
(1) Where a manner desires that premium due on a policy of Life Insurance taken byhim on his own life should be financed from his Provident Fund Account, he may
apply in such from and in such manner as may be prescribed by the Commissioner.
(2) On receipt of such application the Commissioner, or where so authorised by theCommissioner, any other officer subordinate to him may make payment on behalf of
the member to the Life Insurance Corporation of India towards premium due on his
policy:Provided that no such payment shall be made unless the premium is payable yearly.
(3) Any payment made under sub-paragraph (2) shall be made out of and debited to
the member's own contribution with interest thereon standing to his credit in the
Fund.(4) No payment shall be made under sub-paragraph (2) unless the member's own
contribution in his Provident Fund Account with interest thereon is sufficient to pay
the premium; and where the payment is to made on the first premium, sufficient topay the premium for two years.
(5) No payment shall be made towards a policy unless it is legally assignable by the
member to the Central Board.(6) The Commissioner shall before making payment in respect of existing policies,
satisfy himself by reference to the Life Insurance Corporation that no prior
assignment of the policy exists and the policy is free from all encumbrances.(7) No educational endowment policy or marriage endowment policy shall be financed
from the Fund, if such policy is due for payment in whole or in part before the
member attains the age of 55 years.
Form16
Application for advance from the fund
Paragraph 68B of the Employees Provident Fund Scheme, 1952Para68BWithdrawal from the fund for the purchase of a dwelling house/ flat or fortheconstruction of a dwelling house including the acquisition of a suitablesite forthe purpose
Withdrawal from the fund for the purchase of a dwelling house/flat or for theconstruction of a dwelling house including the acquisition of a suitable site for the
purpose.-
(1) The Commissioner, or where so authorised by the Commissioner, any officersubordinate to him may on an application from a member in such form as may be
prescribed and subject to the conditions prescribed in this paragraph sanction from the
amount standing to the credit of the member in the Fund, a withdrawal-(a) for purchasing a dwelling house/flat, including a flat in a building owned jointly
with others (outright or on hire purchase basis), or for constructing a dwelling house
including the acquisition of a suitable site for the purpose from the Central
Government, the State Government, a cooperative society, an institution, a trust , a
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local body or a Housing Finance Corporation (hereinafter referred to as the
agency/agencies);or,
(b) for purchasing a dwelling site for the purpose of construction of dwelling house ora ready-built dwelling house/flat from any individual;
(bb)for purchasing a dwelling house/flat on ownership basis from a promoter governed
by the provisions of any Flats or Apartments Ownership Act or by any other analogousor similar law of the Central Government or the State Government as may be in force
in any state or area for the time being and who intends to construct or constructs a
dwelling house or block of flats and the member is required to pay to the saidpromoter in advance for financing the said construction of the house/flat :
Provided that the member has entered into an agreement with the promoter as may be
required under the Flats or Apartment Ownership Act or any other analogous or similar
law of the Central Government or State Government which may be in force in anyState or any area and the said agreement is registered under the Indian Registration Act,
1908;
(e) for the construction of a dwelling house on a site owned by the member or the
spouse of the member or jointly by the member and the spouse or forcompleting/continuing the construction of a dwelling house already commenced by the
member or the spouse, on such site or for purchase of a house/flat in the joint name ofthe member and the spouse under clauses (a) and (b) above.
Explanation 1.- In this paragraph, the expression, 'cooperative society ' means a society
registered or deemed to be registered under the Cooperative Societies Act, 1912
(2 of 1912) or under any other law for the time being in force in the Staterelating to cooperative societies.
(2)(a) For the purpose of purchase of a site for construction of a house thereon, the
amount of withdrawal shall not exceed the member's basic wages and dearnessallowance for twenty-four months or the member's own share of contributions, together
with the employer's share of contribution, with interest thereon or the actual cost
towards the acquisition of the dwelling site, which ever is the least.(b) For the purpose of acquisition of a ready-built house/flat or for construction of a
house/flat, the withdrawal shall not exceed the member's basic wages and dearness
allowance for thirty-six months or the member's own share of contributions, togetherwith the employer's share of contributions, with interest thereon , or the total cost of
construction, whichever is the least.
(3)(a)No withdrawal under this paragraph shall be granted unless-
(i) the member has completed five years' membership of the Fund;(ii) the member's own share of contributions with interest thereon in the amount
standing to his credit in the fund is not less than one thousand rupees;
(iii) a declaration from the member that the dwelling site or the dwelling house/flat or thehouse under construction is free from encumbrances and the same is under title of the
member and/or the spouse:
Provided that where a dwelling site or a dwelling house/flat is mortgaged to any of theagencies referred to in clause (a) of sub-paragraph (1), solely for having obtained
funds for the purchase of a dwelling house/flat or for the construction of a dwelling
house including the requisition of a suitable site for the purpose, such a dwelling site or
a dwelling house /flat as may be, shall not be deemed to be an encumbered property :
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Provided further that a land acquired on a perpetual lease or on lease for a period of
not less than 30 years for constructing a dwelling house/flat, or a house/flat built on
such a leased land, shall also not be deemed to be an encumbered property :Provided also that where the site of the dwelling house/flat is held in the name of any
agency, referred to in clause (a) of sub-paragraph (1) and the allot tee is precluded
from transferring or otherwise disposing of the house/flat, without the prior approvalof such agency, the mere fact that the allot tee dose not have absolute right of
ownership of the house/flat and the site is held in the name of the agency, shall not be a
bar to the giving of withdrawal under clause (a) of sub-paragraph (1), if the otherconditions mentioned in this paragraph are satisfied.
(b) No withdrawal shall be granted for purchasing a share in a joint property or for
constructing a house on a site owned jointly except on a site owned jointly with the
spouse.(4)subject to the limitation prescribed in sub-paragraph (2)-
(a) where the withdrawal is for the purchase of a dwelling house/ flat or a dwelling site
from an agency referred to in clause (a) of sub-paragraph (1), the payment of
withdrawal shall not be made to the member but shall be made direct to the agency inone or more instruments as may be authorised by the member;
(b) where the withdrawal is for the construction of a dwelling house, it may besanctioned in such number of installments as the Commissioner or where so
authorised by the Commissioner, any officer subordinate to him, thinks fit;
(d) where the withdrawal is for purchasing a dwelling house/flat on ownership basis
from a promoter as referred to in clause (bb) of sub-paragraph (1), the payment ofwithdrawal shall be made to the member in one or more installments as may be
required to be paid by the said promoter and as authorised by the member .
Explanation.- 'Promoter' includes a person who constructs or causes to be constructeda block or building of flats or apartments for the purpose of selling some or all of
them to other persons or to a company, Cooperative Society or other association of
persons and his assignees and where the person who builds and the person who sellsare different persons the term 'Promoter' includes both.
(5) Where a withdrawal is sanctioned for the construction of a dwelling house, the
construction shall commence within six months of the withdrawal of the first installmentand shall be completed within twelve months of the withdrawal of the final
installments. Where the withdrawal is sanctioned for the purchase of a dwelling
house/flat or for the acquisition of a dwelling site, the purchase or acquisition, as the
case may be, shall be completed within six months of the withdrawal of the amount :Provided that this provision shall not be applicable in case of purchase of a dwelling
house/flat on hire-purchase basis and in cases where a dwelling site is to be acquired
or houses are to be constructed by a cooperative society on behalf of its memberswith a view of their allotment to the members.
(6) Except in the cases specified in sub-paragraph (7) and 7-A, no further withdrawal
shall be admissible to a member under this paragraph.(7) An additional withdrawal up to twelve months' basic wages and dearness allowance
or the member's own share of contribution with interest thereon, in the amount
standing to his credit in the Fund, whichever is less, may be granted in one
installment only, for additions, substantial alterations or improvements necessary to
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the dwelling house owned by the member or by the spouse or jointly by the member
and the spouse :
Provided that the withdrawal shall be admissible only after a period of five years fromthe date of completion of the dwelling house.
(7-A) a further withdrawal equivalent to the amount of difference between the amount
of withdrawal admissible to a member under sub-paragraph (2) above as on the date offresh application and the amount of withdrawal that was drawn by a member under this
Paragraph any time during the 6 years preceding 3-10-1981,may be granted to such a
member (i) who had availed the earlier withdrawal for purchase of a dwelling site andhas now proposed to construct a dwelling house on the land so purchased, or (ii) who
had availed the earlier withdrawal for making initial payment towards the
allotment/purchase of a house/flat from any agency as referred to in clause (a) of subparagraph
(1) above and has now proposed to avail a withdrawal for completing thetransaction to get the sole ownership of the house/flat so purchased, or (iii) who had
availed the earlier withdrawal for construction of a house but could not complete the
construction in time due to lack of funds.
(7-B) A further withdrawal up to twelve months' basic wages and dearness allowanceor member's own share of contribution with interest thereon in his account, whichever
is the least, may be granted for addition , alteration, improvement or repair of thedwelling house owned by the member or by the spouse or jointly by the member and
the spouse, after ten years of withdrawal, under sub-paragraph (7).
(9) (a) If the withdrawal granted under this paragraph exceeds the amount actually spent
for the purpose for which it was sanctioned , the excess amount shall be refunded bythe member to the Fund in one lump sum within thirty days of the finalization of the
purchase, or the completion of the construction of, or necessary additions, alterations or
improvement to a dwelling house, as the case may be . The amount so refunded shallbe credited to the employer's share of contribution in the member's account in the Fund
to the extent of withdrawal granted out of the said share and the balance, if any, shall
be credited to the member's share of contributions in his account .(b) In the event of the member not having been allotted a dwelling site/dwelling
house/flat, or in the event of the cancellation of an allotment made to the member and of
the refund of the amount by the agency, referred to in clause (a) of sub-paragraph (1)or in the event of the member not being able to acquire the dwelling site or to
purchase the dwelling house/flat from any individual or to construct the dwelling
house, the member shall be liable to refund to the Fund in one lump sum and in such
manner as may be specified by the Commissioner, or where so authorised by theCommissioner, any officer subordinate to him, the amount of withdrawal remitted under
this paragraph to him or, as then case may be, to the agency referred to in clause (a) of
sub-paragraph (1).The amount so refunded shall be credited to the employer's share of contributions in
the member's account in the fund , to the extent of withdrawal granted out of the share,
and the balance if any shall be credited to the member's own share of contributions inhis account.
(10) If the Commissioner, or where so authorised by the Commissioner, any officer
subordinate to him is satisfied that the withdrawal granted under this paragraph has
been utilized for a purpose other than that for which it was granted or that the member
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refused to accept an allotment or to acquire a dwelling site or that the conditions of
withdrawal have not been fulfilled or that there is reasonable apprehension that they
will not be fulfilled wholly or partly ; or that the excess amount will not be refunded interms of clause (a) of sub-paragraph (9) or that the amount remitted back to the member
by any agency referred to in clause (a) of sub-paragraph (1) or that the amount
remitted back to the member by any agency referred to in clause (a) of sub-paragraph(1), will not be refunded in terms of clause (b) of sub-paragraph (9), the
Commissioner, or where so authorised by the Commissioner, any officer subordinate to
him, shall forthwith take steps to recover the amount due with penal interest thereon atthe rate of two per cent per annum from the wages of the member in such number of
installments as the Commissioner, or where so authorised by the Commissioner, any
officer subordinate to him, may determine. For the purpose of such recovery the
Commissioner or where so authorised by the Commissioner , any officer subordinate tohim may direct the employer to deduct such installment from the wages of the member
and on receipt of such direction, the employer shall deduct accordingly. The amount so
deducted, shall be remitted by the employer to the Commissioner, or where so authorised
by the Commissioner, any officer subordinate to him within such time and in suchmanner as may be specified in the direction. The amount so refunded, excluding the
penal interest, shall be credited to the employer's share of contribution in the member'saccount in the Fund to the extent of withdrawal granted out of said share and the balance
if any shall be credited to the member's own share of contributions in his account. The
amount of penal interest shall, however, be credited to the Interest Suspense Account.
Provided that the recovery of withdrawal under sub-paragraph (10) shall be restricted tocases where the recovery has been ordered by the sanctioning authority while the member
in service.
(11) Where any withdrawal granted under this paragraph has been misused by themember, no further withdrawal shall be granted to him under this paragraph within a
period of three years from the date of grant of the said withdrawal or till the full
recovery of the amount of the said withdrawal, with penal interest thereon, whichever islater.
Form19& 20 For claiming of Provident FundAccumulationParagraph 72(5) of the Employees Provident Fund Scheme, 1952 (for form19 )Para72(5) Payment of Provident Fund
(5) (a) Every employer shall, at the time when a member of the Fund leaves theservice, be required to get the claim application, for payment of Provident Fund in
cases specified in clauses (a) to (dd) of sub-paragraph (1), of Paragraph 69 , dulyfilled in and attested and to forward the said application within five days of its receipt
to the Commissioner or any other officer authorised by him in this behalf.(b) Every employer shall, at the time when the member of the fund leaves the service,
be required to get the claim application, for payment