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1 Personnel Law Facilitator : Prof. Rajkumar Bagadia

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Page 1: 01. Personnel Budget Presentation_Bulleted_v.4.0

1

Personnel Law

Facilitator : Prof. Rajkumar

Bagadia

Page 2: 01. Personnel Budget Presentation_Bulleted_v.4.0

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Personnel policyPersonnel policyPersonnel recordPersonnel recordpersonnel filespersonnel files

Personnel budget Personnel budget Industrial employment Industrial employment

(standing orders) Act, 1946.(standing orders) Act, 1946.

Page 3: 01. Personnel Budget Presentation_Bulleted_v.4.0

Session OverviewSession Overview

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

3

Topic Presenter Roll Course

Introduction to HRM Shamim Mohammed 36 MFM

Personnel Policy Kishore Sukhramani 55 MHRDM

Personnel Records Prajakta Salvi 44 MHRDM

Personnel Files Aditya Dalvi 06 MFM

Personnel Budget Shamim Mohammed 36 MFM

Industrial Employment Act Anil Hingorani 14 MHRDM

Industrial Employment Act Manisha Bhagwanani 04 MHRDM

Page 4: 01. Personnel Budget Presentation_Bulleted_v.4.0

Personnel ManagementPersonnel Management

Definition

Importance

HR vs Personnel Mgmt

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

4Personnel Management

Page 5: 01. Personnel Budget Presentation_Bulleted_v.4.0

Human Resource Mgmt.Human Resource Mgmt.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

5

What is Human Resource

Management?

An interdisciplinary study

of the world of work,

incorporating elements of

Law, Sociology, Politics,

Economics and Psychology

Personnel Management

Page 6: 01. Personnel Budget Presentation_Bulleted_v.4.0

Why Human Resource Why Human Resource Mgmt.Mgmt.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

6

Human capital is essential for organization’s long-term performance.

Organizations perform better when they treat their employees better.

Human resources are key to organizational success or failure.

India plays a leading role in the service Industry.

Service Delivery & Knowledge comes from people.

Low quality HR leads to poor customer service.

Effective knowledge management translates

into competitive advantage and profits.

Personnel Management

Page 7: 01. Personnel Budget Presentation_Bulleted_v.4.0

HRM vs Personnel MgmtHRM vs Personnel Mgmt

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

7

Personnel Management Human Resource Management

Personnel means person employed. Personnel Mgt. is the mgt. of people employed.

HRM is the mgt. of employee’s skills, knowledge, abilities, talents, etc.

Employee in personnel mgt. is mostly treated as economic man as his services are exchanged for salary/wages.

Employee in HRM is treated not only as economic but also as social Man. Thus, the complete man is viewed under this approach.

Employee is viewed as a commodity or tool or equipment which can be purchased and used.

Employee is treated as a resource.

Employees are treated as cost centre and therefore management. controls the cost of labor.

Employees are treated as profit centre and therefore, invests capital for human resource development and future utility.

Employees are used mostly for organizational benefit.

Employees are used for the multiple mutual benefit of the organization, employees and their family members.

Personnel Management

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Personnel Policy

Presenter: Kishore Sukhramani Roll 55 MHRDM

Page 9: 01. Personnel Budget Presentation_Bulleted_v.4.0

Personnel PolicyPersonnel Policy

Hiring Procedures

Work Profile

Internal Orientation

Compensation

Payroll & Timekeeping

Benefits

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

9Personnel Policy

Social security

Compensation Information

& Procedures

Performance Assessment

Performance Appraisal

Supplementary Information

Data Practices

Page 10: 01. Personnel Budget Presentation_Bulleted_v.4.0

Hiring ProceduresHiring Procedures

Job Analysis

Advertising the job

Employment Tests

Interviewing job candidates

Checking references

Offering employment

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

10Personnel Policy

Page 11: 01. Personnel Budget Presentation_Bulleted_v.4.0

Work ProfileWork Profile

Nature of Job

Designation

Working hours

Holidays

Vacation

Sick Time

Personal Leave

Leave of Absence

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

11Personnel Policy

Page 12: 01. Personnel Budget Presentation_Bulleted_v.4.0

Internal OrientationInternal Orientation

New employee orientation - general information

Agency-wise new employee orientation

New employee and internal orientation checklist

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

12Personnel Policy

Page 13: 01. Personnel Budget Presentation_Bulleted_v.4.0

CompensationCompensation

Paydays

Overtime and compensation time

Salary ranges

Positioning pay within a salary range

Maintaining competitive salary

information as compared to MNCs

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

13Personnel Policy

Page 14: 01. Personnel Budget Presentation_Bulleted_v.4.0

Payroll & TimekeepingPayroll & Timekeeping

Payroll information -- General

Payroll information -- Direct deposit procedures

Payroll information -- Required and voluntary

payroll deductions

Timekeeping -- General discussion of non-

exempt and exempt employee classifications

Supervisor's signature

Swipe Card …. Biometrics.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

14Personnel Policy

Page 15: 01. Personnel Budget Presentation_Bulleted_v.4.0

BenefitsBenefits

Eligibility and general information

Types of available benefits

Supervisory communication

Life insurance

Confidentiality note

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

15Personnel Policy

Page 16: 01. Personnel Budget Presentation_Bulleted_v.4.0

Social SecuritySocial Security

Medical insurance

Dental insurance

Disability insurance

Retirement plan

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

16Personnel Policy

Page 17: 01. Personnel Budget Presentation_Bulleted_v.4.0

Compensation Info. & Compensation Info. & ProceduresProcedures

When there is an injury or accident on the job

What is covered under Workers' Compensation

Type of injury covered by Worker's Compensation Insurance

Medical expenses resulting from a work-related injury

Resources available

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

17Personnel Policy

Page 18: 01. Personnel Budget Presentation_Bulleted_v.4.0

Performance AssessmentPerformance Assessment

Performance assessment cycle

Performance assessment process

Dealing with performance issues

Discipline: when the positive approach does not work

Communications by the supervisor regarding personnel issues

Leave-taking procedures

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

18Personnel Policy

Page 19: 01. Personnel Budget Presentation_Bulleted_v.4.0

Performance AppraisalPerformance Appraisal

Salary review policy

Promotional increases

Withholding salary increase due to

performance

Withholding salary increase due to

leave of absence

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

19Personnel Policy

Page 20: 01. Personnel Budget Presentation_Bulleted_v.4.0

Supplementary Info.Supplementary Info.

Discrimination or sexual harassment complaints

Complaints regarding programs or staff

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

20Personnel Policy

Page 21: 01. Personnel Budget Presentation_Bulleted_v.4.0

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

21

Personnel Files

Aditya Dalvi Roll 06 MFM

Presenter

Page 22: 01. Personnel Budget Presentation_Bulleted_v.4.0

Personnel Files – Maintenance

Personnel Files - Content

Personnel Files – Periodic Reviews

Personnel Files – Filing Order

Access to Personnel Files

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

22Personnel Files

Personnel FilesPersonnel Files

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MaintenanceMaintenance

All files will be kept and maintained by the Human Resources

department

Personnel records will generally be kept in secured files.

All terminated employees details will be kept by the company for a

period of seven years following termination.

Separate files will be maintained for medical records, workers’

compensation claims, family or medical leave absences, and

immigration records

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

23Personnel Files

Page 24: 01. Personnel Budget Presentation_Bulleted_v.4.0

ContentsContents

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

24Personnel Files

Page 25: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - EmploymentContent - Employment

Request for application

Employee's original employment

application

Prescreening application notes

College recruiting interview

report form

Employment interview report

Education verification

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

25Personnel Files

Employment verification

Other background verification

Rejection letter

Employment offer letter

Transfer requests

Relocation offer records

Relocation report

Page 26: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - PayrollContent - Payroll

Weekly time sheets

Individual attendance record

Pay advance request record

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

26Personnel Files

Page 27: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - AppraisalContent - Appraisal

New employee progress reports

Performance appraisal forms

Performance improvement program records

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

27Personnel Files

Page 28: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - Training & Content - Training & DevelopmentDevelopment

Training history records

Training program applications/requests

Training evaluation forms

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

28Personnel Files

Page 29: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - SeparationContent - Separation

Exit interview form

Final employee performance appraisal

Exit interviewer's comment form

Record of documents given with final paycheck

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

29Personnel Files

Page 30: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - BenefitsContent - Benefits

Emergency Contact Form

Request for non-medical leave of absence

Retirement application

Annual benefits statement acknowledgment

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

30Personnel Files

Page 31: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - Wage / Salary Content - Wage / Salary Admin’nAdmin’n

Job description form

Job analysis questionnaire

Payroll authorization form

Notification of wage and or salary

increase/decrease

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

31Personnel Files

Page 32: 01. Personnel Budget Presentation_Bulleted_v.4.0

Content - Employee RelationContent - Employee Relation

Report of coaching/counseling session

Employee Assistance Program consent form

Employee written warning notice

Completed employee suggestion forms

Suggestion status reports

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

32Personnel Files

Page 33: 01. Personnel Budget Presentation_Bulleted_v.4.0

Periodic ReviewsPeriodic Reviews

Completeness & accuracy

Material relevant to the administration

of the staff personnel program

Periodic reviews or audits conducted

to ensure that the necessary

documents have been completed and

filed, and date sensitive documents

have not expired

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

33Personnel Files

Example:

Performance

Appraisal form for all

employees who have

completed their

probationary period.

Employee application

form for all new hires

Page 34: 01. Personnel Budget Presentation_Bulleted_v.4.0

Filing OrderFiling Order

File contents can be arranged and organized by subject matter:

Performance-related

Compensation

Training and education

Benefits

Hiring documents

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

34Personnel Files

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Filing – Advantages / Filing – Advantages / DisadvantagesDisadvantages

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

35Personnel Files

Advantages DisadvantagesFile contents can be arranged and organized by subject matter

Related documents are grouped together

Requires consistent placement of documents in appropriate category (may require more training for the individual responsible for file maintenance)

Easy to identify the history of actions within each separate category

Does not provide a complete picture of all actions or activities because the file contents are split between separate

File contents can be arranged by chronological date

Easy to maintainRemoval and replacement of file contents require attention to detail

Easy to identify the complete employment history of the individual

Removal and replacement results is more disruption of the file’s contents if documents spanning several years are required

Page 36: 01. Personnel Budget Presentation_Bulleted_v.4.0

Access to Personnel FilesAccess to Personnel Files

Employee who wants to review the allowable contents of their

personnel file should contact HR

Personnel files must be reviewed in the presence of a HR staff

No part of the personnel file may be removed by the employee

Photocopies or portions may be requested by the employees

Employee can ask to remove a document from the personnel file

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

36Personnel Files

Page 37: 01. Personnel Budget Presentation_Bulleted_v.4.0

Importance

Types

Principles

Specimen

37

Personnel Record

Presenter:Prajakta Salvi

Roll 44, MHRDM

Page 38: 01. Personnel Budget Presentation_Bulleted_v.4.0

Importance & PurposeImportance & Purpose

To take personnel decisions

To maintain up to date data

For identifying training needs

For identification of magnitude of

transactions

To identify magnitude of transactions in

personnel functions

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

38Personnel Record

Page 39: 01. Personnel Budget Presentation_Bulleted_v.4.0

Types of InformationTypes of Information

Job Descriptions

Recruitment and Selection

Wage and Salary Administration

Personnel Evaluation and Training

Leave, Transfers and Promotions

Health and Safety

Employee Services

Discipline and Terminations

Industrial Disputes and Morale

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

39Personnel Record

Page 40: 01. Personnel Budget Presentation_Bulleted_v.4.0

Principles of Record KeepingPrinciples of Record Keeping

Simplicity

Accuracy

Purpose must be justifiable

Capable of verification

Classification of information

Economical

Precise

Elasticity of Record-keeping system

Availability of information needed

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

40Personnel Record

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Specimen of RecordSpecimen of Record

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

41Personnel Record

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Personnel Personnel

BudgetBudget

Presented By:

Shamim MohammedShamim Mohammed

Roll 36, MFM

Page 43: 01. Personnel Budget Presentation_Bulleted_v.4.0

What is Personnel BudgetWhat is Personnel Budget

It starts with Manpower Budgeting

In line with organizations mission

Plays a vital role in profit forecasting

One of the revenue estimating tool for a services based organization

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

43Personnel Budget

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Personnel BudgetPersonnel Budget

Definition

Importance

Advantages

Types

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

44Personnel Budget

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DefinitionDefinition

Personnel budget is a detailed plan for acquiring and using Personnel over a specified period of time.

It represents a plan for the future expressed in formal quantitative terms.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

45Personnel Budget

Page 46: 01. Personnel Budget Presentation_Bulleted_v.4.0

ImportanceImportance

Personnel costs are often the dominating cost factor for any

organizations

Managing & forecasting Personnel Budget will enable an

organization to come up with a very close projection of its overall

budget requirements

Personnel Budget support both centralize & decentralize planning

approach

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

46Personnel Budget

Page 47: 01. Personnel Budget Presentation_Bulleted_v.4.0

AdvantagesAdvantages

Communicates Management’s plan through the Organization

Helps managers for Personnel planning

Effective allocation of Personnel

Uncover various bottleneck before occurring

Ensure all Personnel are in line with Organizations goal

Benchmark for evaluation of Personnel performance

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

47Personnel Budget

Page 48: 01. Personnel Budget Presentation_Bulleted_v.4.0

Organizational PositionOrganizational Position

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

48Personnel Budget

Page 49: 01. Personnel Budget Presentation_Bulleted_v.4.0

Personnel Budget TypesPersonnel Budget Types

Salary - Regular

Salary - Outsourced

Incentives / Bonus

Increments

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

49

Training / Learning & Development

Welfare & Facilities Management

Recruitment / Talent Acquisition

Employee Engagement

Performance Management

Compensation, Benefits

Rewards & Recognitions

Personnel Budget

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Industrial EmploymentIndustrial Employment (Standing Orders) (Standing Orders) Act, 1946 Act, 1946

Industrial EmploymentIndustrial Employment (Standing Orders) (Standing Orders) Act, 1946 Act, 1946

Presented By: Anil Hingorani, Roll 14 - MHRDM

Manisha Bhagwanani, Roll 04 - MHRDM

Page 51: 01. Personnel Budget Presentation_Bulleted_v.4.0

Industrial Employment ActIndustrial Employment Act

Importance

Object

Scope & Application

Important Definition

Schedule

Submission of draft standing orders

Procedure for certification

Penalty

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

51Industrial Employment Act

Page 52: 01. Personnel Budget Presentation_Bulleted_v.4.0

Standing OrdersStanding Orders

The term ‘Standing Orders’ means rules relating to matters set out in the Schedule of the Act.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

52Industrial Employment Act

Page 53: 01. Personnel Budget Presentation_Bulleted_v.4.0

ImportanceImportance

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

53

No uniform practice governing the conditions of service of workers.

No clarity of rights and obligations of the employer.

In respect of “Terms of Employment” - friction/dispute between management and

worker.

Demand for statutory service conditions raised by Bombay Cotton Textile workers

in 1927-28

The Bombay Industrial Disputes Act of 1938 for the first time provided for

statutory standing orders.

The Labor Investigation Committee emphasized the workers’ right to know the

terms & conditions of employment

Industrial Employment Act

Page 54: 01. Personnel Budget Presentation_Bulleted_v.4.0

Object of the Act

To require employers to define the conditions of work

To bring about uniformity in terms and conditions of

employment

To minimize industrial Conflicts/Industrial Unrest

To foster harmonious relations between employers and

employees.

To provide statutory sanctity and importance to standing

orders

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

54Industrial Employment Act

Page 55: 01. Personnel Budget Presentation_Bulleted_v.4.0

According to sec.38 of Bombay shops and establishments Act 1948,the

standing orders were applicable to all establishments covered by the said

Act, irrespective of number of employees.

However this created lot of practical difficulties. The grocery shop owner

employing only one or two employees was required to abide with

procedural compliances.

The section was amended and now the Industrial Employment

(standing order) Act, is applicable only to those establishments covered by

The shops Act, which employ 50 or more employees (Maharashtra).

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

55

Scope & ApplicationScope & Application

Industrial Employment Act

Page 56: 01. Personnel Budget Presentation_Bulleted_v.4.0

Scope & ApplicationScope & Application

It extends to the whole of India

To every establishment wherein 100 or more workmen are employed

On any day preceding twelve months

Once applicable to the establishment then it continuous if the no. of

workmen employed gets reduced to less than 100

The appropriate Govt. can exempt any establishment from any of the

provisions of the Act

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

56Industrial Employment Act

Page 57: 01. Personnel Budget Presentation_Bulleted_v.4.0

Scope & ApplicationScope & Application

It applies to railways, factories, mines, quarries, oil-fields, tramways, motor

services, docks, plantations, workshops, civil construction and maintenance

works.

The Act has 15 sections and a schedule.

It applies to all the skilled or unskilled, manual, supervisory, technical,

clerical work.

The apprentices are also included.

The persons employed mainly in : managerial/administrative/supervisory

capacity drawing wages exceeding Rs.1600 are not covered.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

57Industrial Employment Act

Page 58: 01. Personnel Budget Presentation_Bulleted_v.4.0

Not applicable to:Not applicable to:

Any industry to which the provisions of Chapter VII of the Bombay

Industrial Relations Act, 1946 (11 of 1947), apply

OR

Any industrial establishment to which the provisions of the Madhya

Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of

1961) apply:

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

58

Page 59: 01. Personnel Budget Presentation_Bulleted_v.4.0

Important DefinitionsImportant Definitions

Appropriate Government : State Government, Central Government.

Certifying Officer : means Labor Commissioner/Regional Labor.

Commissioner and includes any other officer appointed by the

appropriate Government, by notification in the Official Gazette to

perform such duties.

Employer : owner of the establishment (Manager, HOD or any

responsible person)

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

59

Page 60: 01. Personnel Budget Presentation_Bulleted_v.4.0

Matter under Standing OrderMatter under Standing Order

Classification of workmen

Manner of intimating to workmen periods and hours of work, holidays,

paydays and wage rates.

Shift working.

Attendance and late coming.

Conditions of procedure in applying for, and the authority which may grant

leave and holidays.

Requirement to enter premises by certain gates, and liability to search.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

60Industrial Employment Act

Page 61: 01. Personnel Budget Presentation_Bulleted_v.4.0

Matter under Standing OrderMatter under Standing Order

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

61

Closing and reopening of sections of the industrial establishment, and

temporary stoppages of work and the rights and liabilities of the employer

and workmen arising there from.

Suspension or dismissal for misconduct, and acts or omissions which

constitute misconduct.

Industrial Employment Act

Page 62: 01. Personnel Budget Presentation_Bulleted_v.4.0

Submission of DraftSubmission of Draft

Obligatory on the part of an employer or a group of employers to

furnish 5 copies of the draft standing orders

Within 6 months of the application of the Act the employer shall

submit the draft standing orders

Copies to be given to the certifying officer

Draft has to enclose the prescribed particulars of the workmen

The status and name of the trade unions to be given.

It has to take all matters set out in the Schedule.

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

62Industrial Employment Act

Page 63: 01. Personnel Budget Presentation_Bulleted_v.4.0

Procedure for CertificationProcedure for Certification

Copy of draft standing orders to be sent to trade union/workmen

Opportunity of hearing to trade union/workmen to be provided

Certification

Certified standing orders have the force of law and the violation of

any provision shall be taken action

Standing orders to be applicable to all present and future workmen

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

63Industrial Employment Act

Page 64: 01. Personnel Budget Presentation_Bulleted_v.4.0

PenaltyPenalty

Any employer fails to submit draft standing

orders or modifies it, shall be punishable with

fine which may extend to Rs. 5000.

In case of continuance of the above offence,

fine up to Rs.200 per every day.

Any contravention of Standing Orders is

punishable by Rs. 100 fine .

Personnel Record, Budget, Policy, Files. Industrial Employment Act.

64Industrial Employment Act

Page 65: 01. Personnel Budget Presentation_Bulleted_v.4.0

65

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