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  • BAIL BOND

    BAIL BOND FORM NO. 45 (Section 436, 438(3) and 441)   IN THE COURT OF SHRI............................................................ Police Station: Next date of hearing Under Section: Sent to jail on F. I. R. No. BAIL BOND I ...........................................................................................................................Resident of................................................................................................... having been arrested or detained without warrant by the officer Incharge of.................................. Police Station for having been brought before this Hon’ble’ Court charged with the offence of................................................ and required to give surety for my attendance before such Officer or Court on condition that I shall attend such officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default herein I have bind my self to forfeit to Government the sum of Rs...................... Signature  Place:  Dated: I.................................................... Son of Shri........................... ........................................ Resident of..................................................................... hereby declare my self for the above said Shri.................................................................. that he shall attend the officer-in-charge of.................................................................... Police station or the court of Shri........................................................ every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and re-appear before such officer or court for the purpose of such investigation to answer the charge against him (as the case may be) and in the case of his making default herein I have bind myself to forfeit to Government the sum of Rs.................................. Dated this...................................... day of.............................. 200 Signature 1. 2. FORM NO. 45 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER I, (name) of.......................... being charged with the offence of........................... and after inquiry required to appear before the Magistrate of.............................. Or and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at......................... in the court of ............................. on the........................ day of............................. next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government, the sum of rupees Dated, this........................... day of........................, 200 (Signature) I, hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the abovesaid (name) that he shall attend at ................ in the court of...................... on the.......................... day of...................... next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees........................................ Dated, this.............:....... day of........................... (Signature) BOND TO PROSECUTE OR GIVE EVIDENCE I, (name), of (place).................................... do hereby bind myself to attend at............................. in the court of......................... at.................................... o’clock on the............................. day of........................... next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A-B, and in case of making default, herein, I bind myself to forfeit to Government the sum of rupees............................ Dated, this.................................. day of........................... (Signature) Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • Application for obtaining the copies of the judgment etc. under Section 363

    Application for obtaining the copies of the judgment etc. under Section 363 BEFORE THE HON'BLE COURT OF………………….. Case No. ……………… of ……………. (Under Section ……………. of I.P.C./Cr.P.C.) District………………. State ………………… Versus Smt. ……………….. W/o……………….. R/o…………………… P.S. ……………….  District …………………. ………….... … Accused The Hon'ble Judge of the aforesaid Court. The humble applicant most humbly showeth as under: 1. That the applicant/accused has been convicted in the aforesaid case vide order of the Court dated ………… 2. That the applicant accused is aggrieved by the aforesaid order and intends to prefer an appeal against the said order of conviction and sentencing the applicant/accused. PRAYER It is, therefore, most respectfully prayed that the Hon'ble Court may be pleased to direct the Officer concerned to issue a certified copy of the Order/judgment to the applicant free of cost at the earliest. Date ………… Defence Advocate Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Criminal Revision before High Court under Sections 397 and 401 of Cr. P.C.

    Criminal Revision before High Court under Sections 397 and 401 of Cr.  P.C. IN THE HIGH COURT OF JUDICATURE AT …………….. Criminal Revision No. ………………………. of ……. (Under Section 397 and 401 of Criminal Procedure Code) District…………… Sri……………………… … Petitioner Versus Sri………………………  … Respondents Revision against the order dated ……..20……… passed by the Special Judge (E. C. Act) ………………in Criminal Revision No. ………… of 20…..  ………………… .v.  ………………………………  and others. The Relief sought for by this Revision is that the Hon'ble Court may be pleased to allow the Revision on quash the order dated …………….. passed by the Special Judge (E.C. Act) ……………….. in Criminal Revision No. ………. of 20…….. with costs throughout and to pass such other and further orders as it deems fit in the circumstances of the case. The present Revision is being filed inter alia on the following GROUNDS 1. Because while discharging the accused under Section 245 (2), Cr.P.C. it was not mandatory for the trial Court to records evidence under Section 244 Cr.P.C. The view taken by the Court below to the contrary is erroneous in law. 2. Because the alleged offence being non-cognizable and compoundable, the trial Court could legally discharge the accused under Section 249, Cr.P.C. on complainants failure to attend the court. 3. Because the present complaint was the second complaint and the complainant was deliberately keeping herself absent from the Court on the dates fixed, showing the non-seriousness of the respondent to pursue the matter. 4. Because the order of the court below is otherwise erroneous on facts and in law. Dated……………. Advocate for the Revisionist Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

  • Labour Law Compensation

    Compensation Overtime Compensation In accordance with the Factories Act 1948, normal working hours are 9 hours per day and 48 hours per week. Working hours for young workers are 4.5 hours per day. Adult workers may be required to work beyond the stipulated working hours, i.e., 9 hours a day and 48 hours a week. The compensation for overtime work is twice the regular rate of his ordinary pay (200% of the regular wage rate). Ordinary rate of wages includes the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. The periods of work must be fixed in such a way that no period should exceed five hours (exemption can be granted to extend this period to 6 hours). A worker must get a rest interval of at least half an hour (30 minutes) after at most five hours of work. The total spread over (of working hours) inclusive of rest breaks and overtime cannot exceed ten and a half hours in any day. This means that an overtime of 2 hours is allowed per day. The Chief Inspector is authorized to extend this spread over, for reasons specified in writing, to 12 hours. An employee may not be required to work overtime on short notice without prior intimation. Period of work, fixed in accordance with the provisions of Act, should be properly notified and displayed in the factory. Any proposed change should be notified to the Inspector, before the change is made. Source: § 51-63 of Factories Act 1948 Night Work Compensation In accordance with the Factories Act, night shift is a shift which extends beyond midnight. There is no special pay premium for employees working over night. Source: §57 of Factories Act 1948 Compensatory Holidays / Rest Days In extraordinary circumstances, workers may perform work on weekly rest days and public holidays. If workers lost their weekly rest days due to the exemption granted to an establishment under section 52 of the Factories Act, these workers must be provided with compensatory rest days within the following 2 months. There is no provision for compensatory holiday for workers working on a public holiday. Source: §53 of Factories Act, 1948 Weekend / Public Holiday Work Compensation Workers may be required to work on weekly rest days and public holidays. There is no Central level legislation in this respect. Different State level Acts (National and Festival Holiday Acts) provide that in such circumstances when workers have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the rate of 200% of the normal wage rate. A worker may be provided twice the wages for working on a public holiday or may be provided with a substitute holiday with pay. A worker who is required to work on a rest day must be paid wages at the overtime rates (twice the rate of wages). Source: §23 (4) of the Minimum Wages (Central) Rules 1950; §5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act 1963; §5 of The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act 1965 Download PDF Document In English. (Rs.20/-)

  • Labour law health and safety

    Health and Safety Employer Cares In accordance with the Factories Act 1948, an occupier of an establishment has to ensure the health, safety and welfare of all the workers while they are at work in the factory. It is obligatory for an employer/occupier to ensure the provision and maintenance of plant and systems of work that are safe and without health risks. Arrangements should be made to rectify risks involved in use, handling, storage and transport of articles and substances. The establishment should be monitored to check the quality of the premises; cleanliness; disposal of wastes and effluents; ventilation and temperature; dust and fume; artificial humidification; overcrowding; lighting; clean drinking water; latrines and urinals; and spittoons. Safety of the worker must be ensured by installing and maintaining the machinery, mechanisms, transmission apparatus, tools, equipment and machines in best possible safety conditions. Tools, equipment, machines, or products used must be organized properly guaranteeing the safety of workers. The employer is obliged to take care to protect the worker’s health and safety by providing the means of rescue, the first aid, and the cleanup; and arrangements and organization of the workplace Source: §7(A) of the Factories Act 1948 Free Protection The Factories Act requires employers to provide protective equipment (means of protection) to workers involved in hazardous work. The type of PPE needed varies depending on the nature of work being performed. It includes screens or suitable goggles for protection of eyes. The right use of PPE reduces risk of accident and illness, minimizes future medical costs, and helps in creation of safer working environment. Source: §35 & 87 of Factories Act 1948 Training In accordance with the Factories Act, it is the responsibility of an employer to provide instruction, training and supervision as is necessary to ensure health and safety at work of his employees. Source: §35 & 87 of Factories Act 1948 Labour Inspection System The Factories Act provides for a vibrant labour inspection system. However, the labour inspection system is state based. The Ministry of Labour and Employment along with ministries specialized for certain industrial sectors (for example the Ministry of Power, Ministry of Mines) are responsible for formulating and administering laws and regulations relating to labour and employment. The national legislation provides inspectors the power to enter in workplace premises; examine; inquire or interview anyone; ask for or take copy of any prescribed register, record or other document; and take measures and photographs. The labour inspector is also authorized to dismantle or subject it to any process or test and take possession of any such article or substance that seems to cause danger to health and safety, and detain it for so long as is necessary for such examination. Source: §9 of Factories Act 1948 Download PDF Document In English. (Rs.20/-)

  • Labour law Fair Treatment

    Fair Treatment Equal Pay Equal Remuneration Act, 1976 requires employers to pay equal remuneration to workers for same work or work of a similar nature without any discrimination on the basis of sex. The Act requires every employer not to pay to any worker the remuneration (payable in cash or in kind) at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex for performing the same work or work of a similar nature. Law further obligates employers not to reduce the rate of remuneration of any worker for the purpose of complying with the provision of equal pay for same work or work of a similar nature. Source: §4 of the Equal Remuneration Act 1976 Non-Discrimination The Constitution of India guarantees equality and prohibits discrimination on grounds of religion, race, caste, sex, birthplace, residence or any of them. The Constitution guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen can, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. The Equal Remuneration Act also forbids discrimination in hiring, pay and conditions of employment between male and female workers engaged in the same or similar work, except where dissimilar treatment is mandated or permitted under the law. Source: §14-16 of Indian Constitution 1949 last revised in 2012; § 4 of the Equal Remuneration Act 1976  Equal Choice of Profession In accordance with the Constitution, every citizen has the right to practice any profession, or to carry on any occupation, trade or business subject to reasonable restrictions imposed under the law.   Women in India cannot work in the same industries as men. According to the Factories Act 1948, women can't be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. The Act further states that the daily work hour exemption cannot be granted for women workers and night work is also prohibited to them. Moreover the Act  prohibits employment of women in "dangerous" occupations. Source: §19(1)(g) of Indian Constitution 1949 last revised in 2012; §27, 66 & 87 of the Factories Act 1948 Download PDF Document In English. (Rs.20/-)

  • Labour Law Annual Leave and Holidays

    Annual Leave and Holidays Labour law Paid Vacation / Annual Leave The Factories Act has provided annual/earned leave of 12 working days for all the workers who have worked at least 240 days in a year. However, the duration of earned/annual leave differs for the adult and young workers. An adult worker is entitled to one day of earned leave for every 20 days of service while a young worker (under the age of 15 years) is entitled to one day of earned leave for every 15 days of service. Thus, the annual leave duration is 15 working days and 20 working days for adult and young workers respectively.  Workers are paid their usual daily wage rates for the days of earned leave. A worker is paid his full daily wages during the term of annual leave. Daily wages are the average of his total full time earnings for the day on which he actually worked during the months immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of advantage accruing through the concessional sale to the worker of food grains and other articles. If a worker takes four or more days' leave at a time, his wages are paid before the leave begins. The employer, the works committee and the Chief Inspector of factories determine the schedule of leaves by mutual consensus to ensure continuity of work. A worker may take all or portion of annual leave provided that he/she notifies the employer in writing at least 15 days prior to the date of availing annual leave and such request may not be refused unless it contradicts with the scheme of leave already agreed. Even when in portions, annual leave cannot be taken more than three times a year. Annual leave may be carried over however no more than 30 days can be carried over to the next year. If the employment contract expires before a worker could take annual leave, compensation for leave is made in proportion to the number of months and numbers of hours worked in a week. Source: §79-82 of Factories Act 1948 Pay on Public Holidays Workers are entitled to paid days-off during Festival (public and religious) holidays. These include memorial holidays and religious holidays. There are many festival and religious holidays in India however only three of these are fully covered national public holidays. These are Republic Day (January 26), Independence Day (August 15) and Mahatama Gandhi's Birthday (October 2). ( National and Festival Holiday Act & www.qppstudio.net ) Weekly Rest Days The Factories Act provides provision on weekly rest. Workers are generally entitled to at least 24 hours of weekly rest on the first day of the week, i.e., Sunday. The weekly rest period is reckoned as a paid time. Workers may be required to work on weekly holiday; in this case, he/she is entitled to the substitute holiday three days before or after the usual weekly holiday. Even in the case of holiday substitution, workers must be given a weekly holiday in every 10 days.  If an organization is exempted from the provision related to weekly holiday and workers are not granted their weekly holidays, an equal number of compensatory holidays have to be granted within 2 months. Source: § 52-53 of Factories Act 1948 Download PDF Document In English. (Rs.20/-)

  • Labour Law Trade Union

    Trade Unions Freedom to Join and Form a Union The right to freedom of association is enshrined in the constitution and guaranteed under the Trade Union Act. According to the Constitution, all citizens have the right to form associations or unions or co-operative societies. The Trade Union Act defines trade union as any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions. A Trade Union must get registered by depositing the application to the Registrar, along with a copy of the rules of the Trade Union and a statement containing following particulars: names, occupations and addresses of the members making the application; the name of the Trade Union and the address of its head office; and the titles, names, ages, addresses and occupations of the office-bearers of the Trade Union. The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register and issuing the registration certificate in the prescribed form which is the conclusive evidence that the Trade Union has been duly registered under this Act. A written notice, signed by the Secretary and seven members, is submitted to the registrar to change the name or for amalgamation of the Trade Unions. Source: §19 of Indian Constitution 1949 last revised in 2012; § 2-9 & 25 of the Trade Union Act, 1926 Freedom of Collective Bargaining Right to collective bargaining is recognized under the labour law however there is no legal obligation on employers to recognize a union or engage in collective bargaining. The term settlement is used in Industrial Dispute Act, instead of collective bargaining. Settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer. A settlement arrived at by agreement between the employer and workman in the course of conciliation proceeding binds on the parties to the agreement. The settlement become applicable on the date on which the memorandum of settlement is signed by the parties or on a date agreed upon in agreement. The settlement is valid for the period agreed upon in the agreement or in absence of any such provision the settlement is valid for a period of six months from the date the memorandum was signed. The memorandum continues binding on the parties after its expiry, until the two months from the date on which notice in writing to terminate the settlement is given by one party to the other. When a settlement is not arrived by the conciliation process, the dispute is then referred to a Court (Labour Court, Tribunal or National Tribunal). Scope and coverage of collective bargaining is limited within legal boundaries of Trade Union Act and Industrial Dispute Act. Source: §15-20 of the Industrial Dispute Act 1947 Right to Strike Right to strike is guaranteed under the Constitution and the Industrial Dispute Act. However, excessively long cooling off period, excessive penal sanction for unauthorised strikes and a long list of essential services frustrate this right. In accordance with the Indian Constitution, all citizens have the right to assemble peacefully without arms. Strike is a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment. Members of a union must inform the employer at least six weeks prior to the proposed date of strike. Employer, within five days, notifies the appropriate Government or the authority about the notification. It is considered as a breach of contract if union members observe strike within 14 days or any time prior to expiry of notice period. Strike is also prohibited when the dispute resolution is in process.  Financial aid in direct furtherance of support of illegal strike by anyone is prohibited. Employers also have the right to lockout workers. This right is subject to the same rules and restrictions as the right to strike. Source: § 2, 22-25 of the Industrial Disputes Act 1947 Download PDF Document In English. (Rs.30/-)

  • EXIT PROCESS

    EXIT PROCESS Objective:  To ensure a smooth exit for the employee as well as the company. To ensure a proper handover from the exiting employee. To ensure exiting employees are treated fairly. To tap feedback from the exiting employee. Process: An Exit policy consists of a statement which will state how the organization treats an Outgoing employee and how to handle attrition. Process: The resigning employee should tender his / her resignation in writing. The supervisor of the resigning employee should accept the resignation in writing or over the email. Alternately, if the supervisor is not available, HR can approve this as a special case. The immediate supervisor will communicate the last working day of the employee to HR. A handover will be planned by the immediate supervisor and HR informed about it. Exit interview by HR. Handover document from the immediate supervisor and department head. Provident withdrawals form if applicable. Return company property like laptop, datacard, mobile handset etc. Return access card Deletion of email id, other ids like JIRA etc. Removing access. Exit Checklist to be completed by the employee (No Dues/No Objection). The exiting employee’s department Finance IT Support  and HR The exit checklist contains the points mentioned from 4 -11. HR will provide the relieving letter and the experience letter.  Once the exit formalities are completed, HR will process the final settlement cheque for the exiting employee. The final settlement will be processed in 14 working days. However, if an employee is being terminated some of the above practices will not be followed. This will be based on the discretion of the organization and the polices the want to adopt. Download PDF Document In English. (Rs.20/-)

  • Relieving letter

    Date: April 5, 2007            To Whom So Ever It May Concern This is to certify that “Name” has worked with us as Designation from DDMMYYY to DDMMYYY. He has been relieved from his duties wef March 31, 2007. Your contributions to the organization and its success will always be appreciated. We wish you all the best in your future endeavors. For Company Name  Signatory Name Designation             Download PDF Document In English. (Rs.15/-)

  • Application under Section 125 on behalf of the minor

    Application under Section 125 on behalf of the minor BEFORE THE HON'BLE COURT OF………………….. Case No. ………………… of …………. (Under Section 125, Cr.P.C.) District…………… Sri ………………….. minor ……………….. S/o ………………… R/o ………………. P.S ……………. District …………… through his next friend Sri ……………………….. S/o ……….……………….. R/o …………………… maternal uncle P.S …………………… District ………… of the aforesaid Sri…………………. .....  Applicant Versus Sri…………………….. S/o……………….. R/o…………………… P.S. ………………. District ………………. .... Opposite party To The Hon'ble Judge of the aforesaid Court. The humble applicant most humbly showeth as under: 1. That the opposite party is the father of the applicant. 2. That Smt. …………………………… the mother of the applicant was married to the opposite party on …………… and out of the said wedlock, the applicant was born on …………. 3. That at present the applicant is…………….years old a minor and therefore the present petition is being filed through the next friend of the applicant. 4. That on ……… the opposite party threw out Smt. …………………… (as above noted) and the applicant of his house and refused to maintain and support the applicant and his mother. 5. That ever since then the applicant was living along with his mother at the house of his aforesaid maternal uncle who was taking the care of both the applicant and his mother. 6. That on ……….. Smt. …..………………………….the mother of the applicant died on account of the heart-attack. 7. That since last six months the financial position of the maternal uncle of the applicant Sri …………………… has considerably deteriorated and he is unable to feed and maintain the applicant. 8. That despite requests made by the maternal uncle of the applicant, Sri….......................... the opposite party refused to maintain the applicant. 9. That the opposite party is a man of influence.  Besides holding the post of ……..…… in the Department and drawing a salary of Rs. …………. The opposite party also owns other immovable properties at ………….. 10. That the opposite party is duty bound to support and maintain the applicant. PRAYER It is, therefore, most respectfully prayed that the Hon'ble Court may be pleased to direct the opposite party to pay a sum of Rs. ……………….. per month to the applicant as his maintenance allowance. Date……… Advocate for the Applicant Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)

  • CLEARANCE FORM

    CLEARANCE FORM (To be completed before Relieving) Mr./ Mrs./ Ms.: UPI Code :  Date of Resignation : Date of Relieving : Business Unit: Date of Joining : Business Title : Location  : Email id:  Tel No. Address  For Future Communication :  S.No Clearance Details Clearance By: Name of the Employee Signature BU / Functional Head 1 Business Unit Head’s clearance for relieving. Business Unit Head     2 Exit Interview Form Supervisor     3 All official documents/CDs/Process handed over Supervisor     4 Personal Disk space cleared on Computers. Supervisor     Remarks :  Administration Department 5 Employee ID Card/Access Card Admin     6 Drawers cleared and keys returned Admin     7 Mobile handset and Sims Cards Admin     8 Data Card Admin     9 Balance Visiting Cards Admin     10 Telephone connection (if any) Admin     Remarks Admin : IT Department 11 Lap Top / Desktop and Accessories Local IT     12 Authorization Code for STD/ISD Local IT     13 Deactivation from Mailing List Local IT 14 Calling Cards Local IT     Remarks IT Department : CFO 15 Loans  /  Deposits CFO     16 Company credit card CFO   17 Settlement of all dues CFO     18 Submission of all expense vouchers due. CFO     Remarks by CFO : HR 19 Intimation for deactivation of access card  HR Person     20 Acceptance Letter subject to clearance of dues. HR Person     21 Balance leave status HR Person ________days;   22 Notice period to be recovered HR Person ________days;   Remarks by HR : HR Team : 23 Termination of record in software if any HRSC Team     Stores 24 Equipment (if any) Store in charge     Note: * This form should be returned to HR- Department, on or before the last working               day         **Please do not keep any of the field empty, as incomplete form will not be              entertained       ***Some of the fields may not be applicable to all, in such case please mention N/A     **** Please submit the balance reimbursement and Income Tax proof documents              along with the clearance form Employee  Signature: __________________________                           Date :  _________________________________ Download PDF Document In English. (Rs.20/-)

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