← Labour Officer
Past Questions
The statutory minimum rate of ways payable to employees are fixed under
A)
The Minimum Wages Act 1948
B)
The Employee’s Compensation Act 1923
C)
The Payment of Gratuity Act 1972
D)
The Payment of Wages Act
The correct answer is (a) The Minimum Wages Act 1948.
Step-by-step reasoning:
1. **The Minimum Wages Act, 1948**: This specific legislation was enacted to prevent the exploitation of labor by ensuring that employees in 'scheduled employments' are paid a minimum wage that allows them to maintain a basic standard of living. It empowers the government to fix and revise minimum rates of wages.
2. **Analysis of other options**:
- **The Employee’s Compensation Act, 1923**: This act deals with providing financial compensation to employees or their dependents in case of occupational accidents, injuries, or death during employment. It does not fix daily or monthly wages.
- **The Payment of Gratuity Act, 1972**: This act provides for a lump-sum payment (gratuity) to an employee as a reward for their long-term service to an employer upon retirement, resignation, or death. It is a terminal benefit, not a statutory minimum wage.
- **The Payment of Wages Act**: This act ensures that wages are paid on time and without unauthorized deductions. While it regulates 'how' and 'when' wages are paid, it does not determine the 'minimum rate' of the wage itself.
Therefore, the statutory fixing of minimum wage rates is the primary objective of the Minimum Wages Act, 1948.
Under the Building & Other Construction Worker Welfare Cess Rules, 1998.- For the purpose of levy of cess, cost of construction shall include all expenditures in connection with the building but does not include
A)
cost of land
B)
any compensation paid to worker or his kin
C)
any compensation payable to worker or his kin
D)
all of the above
Under the Building and Other Construction Workers' Welfare Cess Act, 1996, and the corresponding Rules (1998), the 'cost of construction' is the basis for calculating the cess (levy). To ensure that the cess is applied only to the actual construction activity and not to unrelated capital assets or statutory liabilities, certain exclusions are made.
1. Cost of Land: The land is a pre-existing asset and not part of the 'construction' process itself; therefore, it is excluded from the cost of construction.
2. Compensation paid/payable to workers or their kin: Payments made as compensation for accidents, injuries, or death are statutory or insurance-related liabilities and are not considered part of the cost of building the structure.
Since options (a), (b), and (c) are all explicitly excluded from the definition of 'cost of construction' for the purpose of cess levy, the correct answer is 'all of the above'.
The procedure for filing of complaints is dealt under __________ of the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Section 13
B)
Section 14
C)
Section 15
D)
Section 16
Under the Building and Other Construction Workers' Welfare Cess Rules, 1998, the administrative and procedural framework for the collection and management of cess is outlined. Specifically, the procedure for the filing of complaints regarding the non-payment of cess or disputes related to the assessment of cess is dealt with under Section 15. This section provides the mechanism through which an aggrieved party or the authority can initiate a formal complaint process to ensure compliance with the Act and the Rules. Options a, b, and d refer to other administrative procedures or powers of the assessing officer, but the specific 'procedure for filing of complaints' is governed by Section 15.
Every employer within 30 days of commencement of his work of payment of cess shall furnish information to the Assessing Officer under __________ of the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Section 4
B)
Section 6
C)
Section 8
D)
None of the above
Under the Building and Other Construction Workers' Welfare Cess Rules, 1998, the rules govern the procedure for the assessment and collection of cess. Rule 6 (often referred to as Section 6 in exam contexts regarding these specific rules) mandates that every employer shall, within 30 days of the commencement of the work liable for payment of cess, furnish the necessary information to the Assessing Officer. This information typically includes the nature of the work, the estimated cost of construction, and the duration of the project to enable the Assessing Officer to determine the cess liability. Option 'a' and 'c' are incorrect as they refer to different administrative or procedural sections of the rules/act that do not pertain to the initial 30-day notification requirement.
The cess levied shall be paid by the employer within __________ under the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
a week
B)
two weeks
C)
thirty days
D)
forty days
Under the Building and Other Construction Workers' Welfare Cess Act, 1996, and the corresponding Rules of 1998, the employer is responsible for the payment of the cess. According to the statutory provisions regarding the payment of cess, the employer is required to pay the amount of cess levied within thirty days from the date on which the cess becomes payable. This timeframe ensures the timely collection of funds for the welfare of construction workers. Options (a), (b), and (d) are incorrect as they do not align with the statutory timeline prescribed in the BOCW Welfare Cess Rules.
An officer appointed by the State Government for the collection of cess under the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Assessing Officer
B)
Cess Officer
C)
Cess Collector
D)
None of the above
Under the Building and Other Construction Workers' Welfare Cess Act, 1996, and the corresponding Rules (such as the BOCW Welfare Cess Rules, 1998), the State Government appoints specific officers to administer the collection of the cess. The designated official responsible for the administration, collection, and recovery of the cess is termed the 'Cess Officer'.
- Option (a) 'Assessing Officer' is a term more commonly associated with Income Tax or Customs laws.
- Option (c) 'Cess Collector' is a descriptive term but not the formal legal designation used in the BOCW statutory framework.
- Option (b) 'Cess Officer' is the correct legal nomenclature used in the rules for the officer appointed by the government for these specific duties.
Right of access to records or documents is provided under __________ the Employment Exchange under the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
A)
Section 3
B)
Section 4
C)
Section 5
D)
Section 6
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, is a short act designed to ensure that vacancies in the public sector and certain private sectors are notified to employment exchanges.
1. Section 3 of the Act deals with the 'Notification of vacancies', requiring employers to notify the employment exchange about vacancies.
2. Section 4 deals with the 'Penalty for failure to notify vacancies', outlining the punishments for non-compliance.
3. Section 5 deals with 'Offences by companies', specifying who is held responsible when a corporate entity fails to comply.
4. Section 6 specifically provides for the 'Right of access to records or documents'. It empowers authorized officers to inspect records and documents to verify whether the employer has complied with the notification requirements of the Act.
Therefore, the right of access to records or documents is provided under Section 6.
Under the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 - “Establishment in public sector” means an establishment owned, controlled or managed by-
A)
Government or a Department of the Government
B)
Government company as defined in Section 617 of the Companies Act , 1956
C)
Local authority
D)
All of the above
According to Section 2(a) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, the term 'establishment in public sector' is explicitly defined. It refers to an establishment that is owned, controlled, or managed by:
1. The Government or a Department of the Government (Option a).
2. A Government company as defined in Section 617 of the Companies Act, 1956 (Option b).
3. A local authority (Option c).
Since all three categories are included in the statutory definition of a public sector establishment under this specific Act, the correct answer is 'All of the above'.
Registration of building workers as beneficiaries is provided under __________ the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996.
A)
Section 10
B)
Section 12
C)
Section 13
D)
Section 14
Under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the registration of building workers as beneficiaries is specifically governed by Section 12.
Step-by-step breakdown:
1. Section 12 outlines the process by which a building worker can apply to the registering officer to be registered as a beneficiary of the welfare fund.
2. It specifies the eligibility criteria (such as having worked for a certain number of days in the preceding year) and the procedure for registration.
3. Section 10 generally deals with the registration of establishments.
4. Section 13 typically deals with the issuance of identity cards to registered beneficiaries.
5. Section 14 typically deals with the cessation of registration or the removal of a worker's name from the register.
Therefore, the provision for the actual registration of workers as beneficiaries is found in Section 12.
For the purpose of recovery of sums due on account of unpaid cess, interest for overdue payment, or penalty under these rules, the assessing officer shall specify the amount and send it to the collector of the district concern according to the provisions under __________ of the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Section 11
B)
Section 12
C)
Section 13
D)
Section 14
Under the Building and Other Construction Workers' Welfare Cess Act, 1996 (and the corresponding Rules of 1998), the mechanism for the recovery of unpaid cess, interest, or penalties is governed by the recovery provisions. Specifically, Section 13 of the Act provides the legal framework for the recovery of arrears. It stipulates that if any amount is due from any person, the assessing officer shall specify the amount and send it to the Collector of the district concerned for recovery as arrears of land revenue.
- Section 11 generally deals with the assessment of cess.
- Section 12 typically relates to the payment of cess.
- Section 13 is the specific provision for the 'Recovery of money due'.
- Section 14 usually pertains to appeals or other administrative procedures.
The Inter State Migrant Workmen (Regulation of Employee & Condition of Services) Act, 1979 came into force on:
A)
9th January 1979
B)
11th June 1979
C)
12th July 1979
D)
15th July 1979
The Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted by the Parliament of India to regulate the employment of inter-state migrant workmen and to provide for the imposition of certain conditions of service. While the Act was passed in 1979, it officially came into force on 11th June 1979. Options a, c, and d are incorrect dates as they do not correspond to the official commencement date of the Act as per the Gazette of India.
Who is not a member of the State Advisory Committee under the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996?
A)
Chairman
B)
Members of State Legislature
C)
Principal Employer
D)
Chief Inspector
Under Section 5 of the Building and Other Construction Workers (BOCW) Act, 1996, the State Government constitutes a State Advisory Committee to advise on the administration of the Act. The composition of the committee typically includes: 1. Members of the State Legislature; 2. Representatives of the Principal Employers; 3. Representatives of the construction workers; 4. The Chief Inspector (who usually serves as the Member-Secretary). The 'Chairman' is not a separate member category but is an officer appointed or elected from among the members to preside over the committee. In the context of 'who is a member' versus 'who is the head/presiding officer', the Chairman is the designation of the lead, whereas the other options represent the constituent categories of membership required by the Act. However, more precisely, in many legal interpretations of this specific exam question, the 'Chairman' is the one who leads the committee, while the others are the statutory representatives (members) appointed to it. Therefore, the Chairman is the presiding authority, not a 'member' in the sense of a representative category.
The provision for licensing of contractors under the Contract Labour (Regulation and Abolition) Act, 1970 under
A)
Section 10
B)
Section 11
C)
Section 12
D)
Section 13
Under the Contract Labour (Regulation and Abolition) Act, 1970, the licensing of contractors is specifically governed by Section 12.
Step-by-step breakdown:
1. Section 12 states that no person shall undertake or execute any work through contract labour except under a license granted to him under this section.
2. It outlines the procedure for applying for a license, the authority to whom the application is made, and the conditions under which a license may be granted or revoked.
Analysis of other options:
- Section 10: Relates to the 'Registration of Establishments'. It requires every principal employer to register their establishment.
- Section 11: Relates to the 'Revocation of Certificates of Registration' (for establishments).
- Section 13: Relates to the 'Inspection by Inspectors', granting powers to inspectors to enter premises and examine records.
Therefore, Section 12 is the correct provision for the licensing of contractors.
The provision for return of overpaid cess is dealt under __________ of the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Section 6
B)
Section 8
C)
Section 9
D)
None of the above
Under the Building and Other Construction Workers' Welfare Cess Rules, 1998, the rules govern the collection and administration of the cess. Rule/Section 9 specifically addresses the 'Refund of cess' or the 'Return of overpaid cess'. It stipulates the procedure and conditions under which an employer or person who has paid an amount in excess of the cess due is entitled to a refund of that overpayment. Section 6 typically deals with the registration of establishments, and Section 8 generally relates to the filing of returns or payment procedures, making Section 9 the correct provision for the return of overpaid funds.
Under under the Building & Other Construction Worker Welfare Cess Rules, 1998., the appeal shall be accompanied with-
A)
the order appealed against
B)
statement of points relied upon
C)
documentary evidence relied upon
D)
all of the above
Under the Building and Other Construction Workers' Welfare Cess Rules, 1998, the procedure for filing an appeal against an order (typically regarding the assessment or recovery of cess) requires the appellant to provide a complete record to the appellate authority to ensure a fair and efficient review. Specifically, the rules mandate that an appeal must be accompanied by: 1) A certified copy of the order being appealed against (to identify the decision under challenge), 2) A statement of the points of law or fact upon which the appellant relies (to define the grounds of the appeal), and 3) Any documentary evidence that supports the appellant's claims. Since options a, b, and c are all mandatory requirements for the submission of the appeal, option d ('all of the above') is the correct choice.
The provision for the transfer of the proceeds of the cess to the Boards is dealt under __________ of the Building & Other Construction Worker Welfare Cess Rules, 1998.
A)
Section 3
B)
Section 5
C)
Section 7
D)
Section 9
The Building and Other Construction Workers' Welfare Cess Act, 1996, and the accompanying Rules of 1998 govern the collection and utilization of cess for the welfare of construction workers. Under the legal framework of the Cess Rules, Section 5 specifically deals with the 'Transfer of proceeds of cess to the Boards'. This section outlines the mechanism by which the cess collected by the appropriate government or authorized agencies is transferred to the State Welfare Boards to be utilized for the welfare schemes of the workers. Section 3 generally deals with the registration/assessment, and other sections deal with the administration and appeals, making Section 5 the specific provision for the transfer of funds.
Under under the Building & Other Construction Worker Welfare Cess Rules, 1998- An employer aggrieved by an order of assessment can file an appeal to the -
A)
Assessing Officer
B)
Appellate Authority
C)
Cess Collector
D)
Cess Officer
Under the Building and Other Construction Workers' Welfare Cess Act, 1996, and the corresponding Rules of 1998, the legal framework provides a mechanism for dispute resolution regarding the assessment of cess.
1. **Assessment Process**: The Cess Officer (or Assessing Officer) is responsible for determining the amount of cess payable by the employer based on the cost of construction.
2. **Right to Appeal**: If an employer is aggrieved by the order of assessment passed by the assessing authority, the law provides a statutory right to challenge that order.
3. **The Forum**: According to the rules, such appeals are filed before the 'Appellate Authority'. The Appellate Authority is typically a higher-ranking official designated by the government to review the decisions of the assessing officers to ensure fairness and legality.
Why other options are incorrect:
- **a. Assessing Officer**: This is the person who passed the order; one cannot appeal to the same person who made the decision.
- **c. Cess Collector**: The collector is responsible for the recovery of the cess, not for the quasi-judicial function of hearing appeals.
- **d. Cess Officer**: Similar to the Assessing Officer, the Cess Officer is the initiating authority for the assessment, not the appellate body.
The Employment Exchange under the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 does not apply to in relation to vacancies in
A)
Government Office
B)
Government Company
C)
Agriculture
D)
None of the above
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, was enacted to ensure that vacancies in the public sector and certain private sectors are notified to employment exchanges to facilitate fair recruitment. However, the Act provides specific exemptions. Under the rules and the scope of the Act, vacancies in 'Agriculture' (including traditional farming and agricultural labor) are generally excluded from the compulsory notification requirements because agricultural employment is often seasonal, informal, and managed through local traditional arrangements rather than formal employment exchange channels. In contrast, Government Offices (Option a) and Government Companies (Option b) are the primary entities to which the Act applies, as they are mandated to notify vacancies to ensure transparency and meritocracy in public employment.
If any employer fails to pay any amount of cess payable under section 3 of the Building & Other Construction Worker Welfare Cess Act, 1996 within the time specified in the order of assessment, such employer shall be liable to pay interest on the amount to be paid at the rate of
A)
2 percent
B)
3 percent
C)
4 percent
D)
none of the above
According to Section 5 of the Building and Other Construction Workers' Welfare Cess Act, 1996, if any employer fails to pay the amount of cess payable under Section 3 within the time specified in the order of assessment, the employer is liable to pay interest on the amount. The Act specifically stipulates that this interest shall be paid at the rate of 2% for every month or part of a month during which the amount remains unpaid. Therefore, option (a) is the correct rate as per the statutory provision of the Act.
The law relating to the regulation of labour employed in factories in India is embodied in -
A)
The Factories Act, 1948
B)
The Trade Unions Act, 1926
C)
The Industrial Dispute Act, 1947
D)
The Employees Compensation Act, 1923
The question asks for the specific law that regulates labour employed specifically in 'factories'.
1. **The Factories Act, 1948 (Option a):** This is the primary legislation in India designed to regulate the working conditions in factories. It focuses on the health, safety, welfare, working hours, and annual leave of workers employed in factory settings. Therefore, it is the correct answer.
2. **The Trade Unions Act, 1926 (Option b):** This act provides for the registration of trade unions and defines the laws relating to registered trade unions. It focuses on the collective organization of workers rather than the regulation of the factory environment itself.
3. **The Industrial Dispute Act, 1947 (Option c):** This act is designed for the investigation and settlement of industrial disputes between employers and employees. It deals with strikes, lockouts, and layoffs, rather than the daily regulation of labour within a factory.
4. **The Employees Compensation Act, 1923 (Option d):** This act provides for the payment of compensation to employees (or their dependents) in case of accidents arising out of and in the course of employment. It is a social security measure, not a general regulatory framework for factory labour.
The Central Government may exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State.
A)
Section 2 of the Building & Other Construction Worker Welfare Cess Act, 1996.
B)
Section 4 of the Building & Other Construction Worker Welfare Cess Act, 1996.
C)
Section 5 of the Building & Other Construction Worker Welfare Cess Act, 1996.
D)
Section 6 of the Building & Other Construction Worker Welfare Cess Act, 1996.
The Building and Other Construction Workers' Welfare Cess Act, 1996, is a central legislation designed to provide financial resources for the welfare of construction workers.
1. **Analysis of Section 4**: Section 4 of the Act specifically deals with the 'Exemption from payment of cess'. It states that the Central Government may exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State. This prevents double taxation of the employer for the same purpose.
2. **Evaluation of other options**:
- **Section 2**: This section typically contains the 'Definitions' of terms used throughout the Act (e.g., 'employer', 'cess', 'construction operation').
- **Section 3**: (Though not listed as an option, it is the primary section) Section 3 mandates the 'Levy and collection of cess'.
- **Section 5**: This section relates to the 'Recovery of cess' as arrears of land revenue.
- **Section 6**: This section generally deals with the 'Penalty' for non-payment of cess or failure to provide information.
Therefore, the provision regarding exemption from payment of cess when a corresponding state law exists is explicitly mentioned in Section 4.
An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith.
A)
The Inter State Migrant Workmen (Regulation of Employee & Condition of Services) Act, 1979
B)
The Factory Act. 1948
C)
The Building & Other Construction Workers Welfare Cess Act 1996
D)
None of the above
The question provides the preamble/objective of a specific piece of legislation: 'An Act to regulate the employment of inter-State migrant workmen and to provide for their conditions of service and for matters connected therewith.'
1. Option (a) is the correct answer because this exact phrasing is the stated objective of the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. This Act was specifically designed to protect migrant workers who are recruited from one state to work in another, ensuring they are not exploited and receive basic amenities and wages.
2. Option (b), The Factory Act 1948, focuses on the health, safety, and welfare of workers employed in factories, regardless of whether they are migrants or locals.
3. Option (c), The Building & Other Construction Workers Welfare Cess Act 1996, is specifically focused on the collection of a cess (tax) to fund welfare schemes for construction workers.
Therefore, based on the legal definition and the title of the Act, option (a) is the only accurate match.
What information are stored in registers as per the provisions of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959?
A)
list of persons who seek to engage employees
B)
list of persons who seek employment
C)
vacancies to which person seeking employment may be appointed
D)
all of the above
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, and the subsequent rules framed under it, are designed to create a systematic link between job seekers and employers. To function effectively, the Employment Exchange must maintain comprehensive registers.
1. List of persons who seek to engage employees (Employers): The Act mandates the notification of vacancies by employers. Therefore, the exchange must maintain a record of these employers to track compliance and coordinate recruitment.
2. List of persons who seek employment (Job Seekers): The primary purpose of the exchange is to register unemployed persons (job seekers) to match them with available opportunities.
3. Vacancies to which person seeking employment may be appointed: The core of the 'Compulsory Notification' aspect of the Act is the recording of specific vacancies reported by employers, which are then matched with the registered job seekers.
Since the Employment Exchange acts as a clearinghouse for all three components—the employer, the employee, and the vacancy—all these pieces of information are stored in its registers. Therefore, option 'd' is the correct answer.
The Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 came into force on:
A)
1st March 1996
B)
3rd March 1996
C)
1st May 1996
D)
11th May 1996
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 was enacted to regulate the employment and conditions of service of building and other construction workers. According to the official statute and the Gazette of India, the Act received the assent of the President on 1st March 1996, which is the date it came into force. Options b, c, and d are incorrect as they do not align with the official commencement date of the legislation.
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 shall not apply in relation to vacancies in relation to -
A)
employment in domestic services
B)
employment less than 3 months
C)
employment in Parliament
D)
all of the above
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, mandates that employers notify employment exchanges about vacancies. However, Section 3 of the Act specifies certain exemptions where the Act does not apply.
1. **Domestic Services**: Employment in domestic services is exempt because these are private household arrangements and not formal industrial or commercial employment.
2. **Short-term Employment**: The Act generally does not apply to vacancies for employment for a period of less than three months (casual or temporary short-term work).
3. **Parliamentary/Governmental Exemptions**: Vacancies in Parliament or specific high-level government appointments that follow separate constitutional or statutory recruitment procedures are exempt from the compulsory notification requirements of this specific Act.
Since all three scenarios (domestic services, employment under 3 months, and employment in Parliament) are excluded from the scope of the Act, the correct answer is 'all of the above'.