MCQ QUESTION BANK Labour laws-II (LL.B II and BSL-IV ...

DAYANAND COLLEGE OF LAW, LATUR.

MCQ QUESTION BANK

Labour laws-II (LL.B II and BSL-IV) ( Sem- III )

Trade Union Act, 1926

1. Creation of a political fund by trade unions under the Trade Union Act is

(A) Compulsory

(B) Optional

(C) by donation from political parties

(D) No such provision in the Act

2. What will be the minimum number of workers required for organizing a trade

union for registration according to the latest amendment under the Trade Unions’

Act, 1926?

(A) 7 workers

(B) 10 %

(C) 100

(D) 10% or 100 or 7

3. The minimum subscription rate for members of trade unions of rural workers

shall not be less than

(A) Rs. 12 per annum

(B) Rs. 3 per annum

(C) Rs. 1 per annum

(D) No such provision

4. A union may claim recognition for an industry in a local area, if it has

membership of

(A) 10% of the workers in that industry.

(B) 15% of the workers in that area.

(C) 25% of the workers of that industry in that area.

(D) 30% of the workers in similar industry.

5. A person is qualified to be chosen as a member of the executive or any other

office bearer of the registered trade union if he attained the age of

(A) Fifteen years

(B) Eighteen years

(C) Twenty one years

(D) Twenty five years

6. The registered trade union can collect political fund from its members as a

(A) General fund

(B) Cannot collect political fund

(C) Separate fund from the interested members

(D) Only from political parties

7. Not more than 50% of members of the office bears of Trade union can be

outsiders, as per provisions of legislations.

(A) Industrial Dispute Act

(B) Trade Union Act

(C) Mines Act

(D) ESI Act

8. Trade union means any combination formed primarily for the purpose of

regulating the relations between

(A) Workmen and employers permanently

(B) Workmen and workmen permanently

(C) Workmen and employers, workmen and workmen, employers and

employers temporary or permanent

(D) Workmen and employers, workmen and workmen, employers and

employers permanently

9.The Trade Unions Act empowers a trade union to create a General Fund for its

administration and maintenance. A trade union purchased shares in the Unit Trust

of India to enhance its General Fund Account. Which of the following is not

correct as per law?

(A) The trade union can raise its fund by such type of investments.

(B) The trade union can raise its funds by such investments with the

permission of appropriate government.

(C) The trade union can raise its fund by such investments with the consent

of its general body.

(D) The trade union cannot do so as it is an attempt towards profit making.

10. The basic principle underlying the enactment of the Trade Unions Act is:

(A) To protect interests of workers against disregard of human elements in

industries.

(B) To regulate the relationship of workers and their organization by

regulating the balance of power.

(C) To provide strength to workers to settle the industrial disputes.

(D) To provide security to workers against the occupational hazards.

Answer key

1. B, 2. D, 3. C, 4. C, 5. B, 6. C, 7. B, 8. C, 9. D, 10. B

Maternity Benefit Act, 1961

1. As per Maternity Benefit Act, the maximum period for which any woman shall

be entitled to maternity benefit shall be

(A) twenty six weeks

(B) twelve weeks

(C) four months

(D) sixteen weeks

2. The condition of 80 days of employment in the 12 months immediately

preceding the date of benefit has been made an eligibility condition for getting

(A) Maternity Benefit under the Maternity Benefit Act

(B) Disablement benefit under the ESI Act

(C) Gratuity under the Payment of Gratuity Act

(D) Sickness benefit under the ESI Act

3. The Royal Commission on Labour examined which of the two States’ Maternity

Benefit Acts and recommended enactment of similar laws all over the country?

(A) Bombay and Madhya Pradesh

(B) Madras and Mysore

(C) Bihar and Bengal

(D) Punjab and Assam

4. The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and

the Employees State Insurance Act, 1948

(A) Together can be applicable.

(B) The Maternity Benefit Act and the Employees State Insurance Act can

be applicable at a time.

(C) The Workmen’s Compensation Act and the Employees State Insurance

Act can be applicable at a time.

(D) If the Workmen’s Compensation Act and the Maternity Benefit Act are

applicable, the Employees State Insurance Act is not applicable.

5. Assertion (A): Provisions of Employees’ compensation Act and Maternity

Benefit Act do not apply to all industries.

Reason (R): Employees’ Compensation Act is a comprehensive social security

legislation.

(A) (A) is wrong, but (R) is right.

(B) (A) is right, but (R) does not related to the (A).

(C) (A) and (R) are right, and (R) validates the (A).

(D) (A) and (R) are wrong.

6. In the maternity act, an inspector is appointed under which section?

(A) Section 14

(B) Section 2

(C) Section 10

(D) Section 15

7. No contribution is required for getting benefit under which of the following

legislations?

(A) Maternity Benefit Act

(B) Employees’ Compensation Act

(C) Both under (A) & (B)

(D) None of the above

8. Which section of the act states the conditions for eligibility of benefits?

(A) Section 18

(B) Section 5

(C) Section 10

(D) Section 8

9. Till what age of the child will a mother get 2 nursing breaks in the course of her

daily work?

(A)12 months

(B) 6 months

(C)18 months

(D)15 months

10. Under the Maternity Benefit Act, a woman employee would get a medical

bonus of:

(A) Rs. 3000

(B) Rs. 3500

(C) Rs. 4000

(D) Rs. 4500

Answer key

1. A, 2. A, 3. A, 4. D, 5. C, 6. A, 7. C, 8. B, 9. D, 10. B

Employee’s state insurance Act, 1948

1. Which of the following benefits have not been provided under the Employee’s

State Insurance Act, 1948?

(A) Sickness Benefit

(B) Unemployment Allowance

(C) Children’s’ Allowance

(D) Disablement Benefit

2. Under ESI Act, 1948 a member of the Corporation, Standing Committee or the

Medical Council shall cease to be a member of the body if he fails to attend

(A) Two consecutive meetings

(B) Three meetings intermittently

(C) Three consecutive meetings

(D) Four consecutive meetings

3. What is the content of the Schedule I of the ESI Act, 1948?

(A) List of injuries deemed to result in permanent total disablement.

(B) List of injuries deemed to result in permanent partial disablement.

(C) List of occupational diseases.


4. The Workmen’s Compensation Act, 1923, the Maternity Benefit Act, 1965 and

the Employees State Insurance Act, 1948

(A) Together can be applicable.

(B) The Maternity Benefit Act and the Employees State Insurance Act can

be applicable at a time.

(C) The Workmen’s Compensation Act and the Employees State Insurance

Act can be applicable at a time.

(D) If the Workmen’s Compensation Act and the Maternity Benefit Act are

applicable, the Employees State Insurance Act is not applicable.

5. Who is an ‘exempted employee’ under the Employee’s state Insurance Act,

1948?

(A) Employee who is minor

(B) Employee who is not liable under the Act to pay the employee’s

contribution

(C) Minor employee who is not liable under the Act to pay the employee’s

contribution


6. Which of the following legislations was based on the recommendations of the

B.P. Adarkar Committee Report?



(C) Employees’ Provident Funds Act

(D) Employees’ State Insurance Act, 1948

7. ‘Unemployment allowance’ payable is stated in

(A) Employee State Insurance Act, 1948

(B) Unorganized Sector Workers Social Security Act, 2005

(C) Factories Act, 1948


8. Which of the following legislations extends some sort of benefit to retired

employees also?



(C) Employees’ State Insurance Act

(D) Payment of Bonus Act

9.Employees’ share of contribution under the ESI Act is

(A) 12%

(B) 8.33%

(C) 1.75 %

(D) 4.75%

10. What is the wage limit for employees to be covered under the Employee State

Insurance Act as per the latest amendment?

(A) Rs. 15,000 per month

(B) Rs. 18,000 per month

(C) Rs. 20,000 per month

(D) Rs. 25,000 per month

11. Which of the following legislations in India is governed by a tripartite

organization consisting of representatives of labour, management and

Government?

(A) Industrial Disputes Act

(B) ESI Act

(C) Maternity Benefit Act

(D) Payment of Bonus Act

12. As per the latest amendment under the ESI Act, 1948 medical treatment is now

available to persons under voluntary retirement scheme also.

(A) True

(B) False

(C) Partly True

(D) The Act is silent

13.The employer’s share of contribution under the ESI Act is

(A) 12 %

(B) 8.33 %

(C) 1.75 %

(D) 4.75 %

14. Employees who are getting a daily average wages up to ________ are

exempted from contributing employees’ share of ESI contribution.

(A) Rs 70

(B) Rs 50

(C) Rs 100

(D) Rs 384.60

15. The age of dependent for obtaining dependent’s benefit under the Employees

State Insurance Act has now been enhanced from 18 years to

(A) 20 years

(B) 22 years

(C) 24 years

(D) 25 years\

Answer key

1.C, 2. C, 3. D, 4. D, 5. B, 6. D, 7. A, 8. C, 9. C, 10. A, 11. B, 12. A, 13. D,

14. C, 15. D,

Payment of wages Act, 1936

1. Which of the following is not included under the definition of wages given

under the Payment of Wages Act, 1936?

(a) Basic Wage

(b) Dearness Allowance

(c) Incentive

(d) Gratuity

2. Under the Payment of Wages Act, 1936 the maximum limit on deductions

should not ordinarily cross

(a) 50 percent generally and 65 percent in case of payments due to the

cooperatives

(b) 60 percent generally and 75 percent in case of payments due to the

cooperatives

(c) 50 percent generally and 75 percent in case of payments due to the

cooperatives

(d) 40 percent generally and 75 percent in case of payments due to the

cooperatives

3. If deduction is made contrary to the provisions of the Payment of Wages Act,

1936 the aggrieved employee can write to the inspector appointed under the Act

within the time period given below from the date on which the deduction from

wages was made or the date on which the payment of wages is due

(a) two years

(b) one year

(c) twelve weeks

(d) six weeks

4. Under which labour legislation in India the provision of check-off has been

accepted?

(a) Industrial Disputes Act, 1947

(b) Trade Unions Act, 1926

(c) Payment of Wages Act, 1936

(d) Industrial Employment (Standing Orders) Act

5. The present wage ceiling per month for the purpose of the Payment of Wages

Act, 1936 is

(a) Rs. 10. 000/-

(b) Rs. 15, 000/-

(c) Rs. 18, 000/-

(d) Rs. 20,000/-

6. As per Payment of Wages Act, 1936, in railway factory or industrial or other

establishment upon or in which less than one thousand persons are employed,

wages shall be paid before the expiry of the

(a) Seventh day of the month.

(b) Tenth Day of the months

(c) Third Day of the months

(d) None of the above

7. According to this Act, the maximum wage period or payment of wages to

employees by employer should not exceed

(a) 45 days

(b) 15 days

(c) 30 days

(d) 60 days

8. If the employee is terminated or removed for the employment by the employer,

the wage of that employee should be paid within -------- days from the day on

which he was removed or terminated.

(a) 7 days

(b) 15 days

(c) 30 dyas

(d) 2 days

9. The total amount of deductions from wages of employees should not exceed ----

---- percentage.

(a) 50 %

(b) 70 %

(c) 25 %

(d) 40 %

10. Total amount of fine imposed by the employer on employees should not exceed

-------- percentage of his wage

(a) 1 %

(b) 3 %

(c) 7 %

(d) 5 %

11. Fine should be recovered within ------- days from the date on which fine were

imposed.

(a) 30 days

(b) 45 days

(c) 60 days

(d) 75 days

12. If 10 or more persons together absent for the duty without any notice and

without reasonable cause, employer can make -------- days wages as deduction

from their wage.

(a) 30 day

(b) 10 day

(c) 7 day

(d) 8 day

13.If wage period exceed one month, the employer may be punished with fine

which shall not be less than -------- 1000/- rupees but which may extend to ---------

7500/- rupees.

(a) Rs.1000/- and Rs.7500/-

(b) Rs.1000/- and Rs.10,000/-

(c) Rs. 500/- and Rs. 5000/-

(d) Rs.750/- and Rs.6000/-

14. Whoever obstructs an Inspector in the discharge of his duties under this Act, he

may be punished with fine which may extend --------- rupees

(a) Rs.5000/-

(b) Rs.3000/-

(c) Rs.7500/-

(d) Rs.3500/-

15. Fine should not be imposed on any employee who is under the age of -------

years.

(a) 21 years

(b) 18 years

(c) 15 years

(d) 14 years

Answer key

1. D, 2.c, 3. C, 4.c, 5. C, 6. C, 7. C, 8.d, 9.a, 10.b, 11.c, 12. D, 13. A, 14.b,

15.c

Employees Provident Fund & Miscellaneous Provisions Act 1952

1. Which of the following statements about The Employees’ Provident Funds and

(Miscellaneous Provisions) Act are true?

a. The Act is not applicable to cooperative societies employing less than 50

persons working with the aid of power.

b. It makes provision for pension scheme, including family pension.

c. There is no wage limit to be covered under the Act.

d. The Act has a provision relating to Employees’ Deposit-linked Insurance

Scheme.

(a) a, b & d

(b) a & c

(c) b, c & d

(d) a, c & d

2. What is the present wage limit to be eligible to be covered under the Employees’

Provident Funds and Miscellaneous Provisions Act, 1952?

(A) Rs. 6,000

(B) Rs. 6,500

(C) Rs. 15,000

(D) Rs. 12,500

3. The Act is applicable to every establishment which is a factory engaged in any

industry specified in Schedule I and in which -------- twenty persons are employed

(a) 20

(b) 10 or more

(c) 20 or more

(d) 15 or more

4. What are the emoluments earned by the employees which are not not come

under the definition of 'Basic Wages' in Employees’ Provident Funds and

Miscellaneous Provisions Act, 1952,

(i) All emoluments which are earned by an employee while on duty or on leave or

on holidays with wages in either case in accordance with the terms of the contract

of employment and which are paid or payable in cash to him

(ii)The cash value of any food concession

(iii) Any dearness allowance, house-rent allowance, overtime allowance, bonus,

commission or other similar allowance payable to the employee in respect of his

employment or of work done in such employment;

(iv) Any presents made by the employer;

(a) i & iii

(b) ii & iv

(c) i, ii & iii

(d) ii, iii & iv

5. The chairman and members of Central Board constituted under Employees

Provident Fund are appointed by

(a) Central Government

(b) State Government

(c) Supreme Court


6. Under this act, how many members are appointed by the Central Government in

Central Board representing employees in the establishments to which the Scheme

applies

(a) 15

(b) 10

(c) 12

(d) 20

7. The accounts of the Central Board is audited annually by

(a) Central Provident Fund Commissioner

(b) Any auditor appointed by Central Government

(c) Comptroller and Auditor-General of India

(d) Any auditor appointed by the Chairman of Central Board

8. The contribution which shall be paid by the employer to the Fund shall be

(a) 5%

(b) 7%

(c) 12%

(d) 10 %

9. An employer who contravenes or makes default in complying with the

provisions of section 6 of this act, shall be punishable with imprisonment for a

term which may extend to ----- years

(a) 3

(b) 2

(c) 1

(d) 5

10. This Act shall not apply to any establishment registered under the Co-

operative Societies Act, 1912 (2 of 1912), employing less than ------- persons and

working without the aid of power

(a) 20

(b) 50

(c) 100

(d) 70

11. No court inferior to that of ......................class shall try any offence under this

Act

(a) High Court

(b) Musiff Court

(c) Presidency Magistrate or a Magistrate of the first class

(d) Sureme Court

12. Which of the following statements about Central Board are true?

(i) The Central Provident Fund Commissioner is the Ex officio member of the

Central Board

(ii) The Central Board shall maintain proper accounts of its income and

expenditure in such form and in such manner as the Central Government may, after

consultation with the Comptroller and Auditor-General of India, specify in the

Scheme

(iii) Central Board shall submit annual report of its work and activities to the

Central Government

(a) i & ii

(b) ii & iii

(c) i 7& ii

(d) i , ii & iii

13. Employees’ Provident Funds Appellate Tribunal was constituted under Section

....... the this act

(a) 7D

(b) 6A

(c) 7C

(d) 6D

14. Under this act, “Insurance Fund” means ……………

(a) Medical Insurance Fund

(b) Deposit Linked Insurance Scheme

(c) Unit Linked Insurance Plan

(d) Employees’ Group Accident Insurance

15. The Central Government has amended the ceiling for contributions under the

Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (EPF Act)

and the Employees' Provident Fund and Miscellaneous Provisions Scheme, 1952

(EPF Scheme) from ----------- to -----------, with effect from 1 September 2014.

(a) Rs. 7500/- to Rs. 15000/-

(b) Rs. 6500/- to Rs.13000/-

(c) Rs. 6500/- to Rs.15000/-

(d) Rs. 5000/- to Rs.12000/-

Answer key

1. A,2.c 3.c 4.d 5.a 6.b 7.c 8.d 9.a 10.b 11.c 12.d 13.a 14.b 15.c

Gratuity Act, 1972.

1. Under the Payment of Gratuity Act, 1972 the maximum gratuity payable is

(a) Rs. 10 lakhs

(b) Rs. 8 lakhs

(c) Rs. 5 lakhs

(d) Rs. 3.5 lakhs

2. What is the qualifying service to claim gratuity?

(a) 15 years

(b) 10 years

(c) 5 years

(d) No such prescription

3. The eligibility condition for obtaining gratuity under the Payment of Gratuity

Act, 1972 is

(a) Completion of 2 years of Service

(b) Completion of 3 years of Service

(c) Completion of 4 years of Service

(d) Completion of 5 years of Service

4. The maximum amount of gratuity has now been enhanced to Rs. 10 lakhs from

(a) 2.5 lakhs

(b) 3.5 lakhs

(c) 5 lakhs

(d) 7.5 lakhs

5. Payment of Gratuity Act, 1972 is applicable to every shop or establishment

within the meaning of any law for the time being in force in relation to shops and

establishment in a State, in which --------- persons are or were employed on any

day in the preceding 12 months.

(a) 10 or more persons

(b) 10

(c) 10 or more persons

(d) 20

6. For every completed year of service or part thereof in excess of six months, the

employer shall pay gratuity to an employee at the rate of -------- days’ wages based

on the rate of wages last drawn by the employee concerned

(a) 25 days

(b) 15 days

(c) 30 days

(d) 7 days

7. In the case of a monthly rated employee, the fifteen days’ wages shall be

calculated by dividing the monthly rate of wages last drawn by him by -----------

and multiplying the quotient by fifteen.

(a) 30

(b) 15

(c) 26

(d) 25

8. In the case of an employee who is employed in a seasonal establishment and

who is not so employed throughout the year, the employer shall pay the gratuity at

the rate of --------days’ wages for each season.

(a) 14 days

(b) 15 days

(c) 10 days

(d) 7 days

9. The employer shall arrange to pay the amount of gratuity within --------- days

from the date it becomes payable.

(a) 30 days

(b) 15 days

(c) 60 days

(d) 75 days

10. Appeal on the decision of controlling authority should be preferred within ------

--- days from the date of the order

(a) 30 days

(b) 60 days

(c) 15 days

(d) 75 days

11. The formula for calculating gratuity is

(a) Gratuity = (Monthly Salary/25) X 15 X No. of years of service

(b) Gratuity = (Monthly Salary/30) X 15 X No. of years of service

(c) Gratuity = (Monthly Salary/26) X 15 X No. of years of service

(d) Gratuity = (Monthly Salary/15) X 15 X No. of years of service

12. Which of the following is wrong statement

(a)No gratuity payable under the Act shall be liable to attachment in

execution of any decree or order of any civil, revenue or criminal court.

(b)The Payment of Gratuity (Amendment) Act, 1987 has prescribed

provisions for compulsory insurance for employer’s liability for payment

towards the gratuity under the Act from the Life Insurance Corporation of

India or any other prescribed Insurer.

(c)Once the Payment of Gratuity Act becomes applicable to the

establishment, a notice in Form ‘A’ has to be given by the employer to the

controlling authority within 30 days. Notice in Form ‘B’ is to be given to the

controlling authority within 30 days of any change in name, address,

employer or nature of business. If an employer proposes to close down the

business, he shall submit a notice in Form ‘C’ to the Controlling Authority at

least 60 days before the intended closure.

(d) This act is not applicable to public charitable and religious trusts

13.For avoiding any payment knowingly makes any false statement or

representation shall be punishable with

(a) imprisonment upto 3 months or fine upto Rs. 10,000/- or both

(b) imprisonment upto 6 months or fine upto Rs. 10,000/- or both

(c) imprisonment upto 3 months or fine upto Rs. 20,000/- or both

(d) imprisonment upto 6 months or fine upto Rs. 20,000/- or both

14.Failure to comply with any provision of the Act or Rules shall be punishable

with

(a) imprisonment upto 1 year or with fine extend upto Rs. 10,000/- or with

both

(b) imprisonment upto 1 year or with fine extend upto Rs. 20,000/- or with

both

(c) imprisonment upto 2 year or with fine extend upto Rs. 20,000/- or with

both

(d) imprisonment upto 2 year or with fine extend upto Rs. 50,000/- or with

both

15. Which section deals with the determination of the amount of gratuity

(a) Section 10

(b) Section 8

(c) Section 7

(d) Section 9

Answer key

1. a, 2.c, 3.d, 4.b 5.a 6.b 7.c 8.d 9.a 10.b 11.c 12.d 13.a 14. b15.c

Factory Act, 1948

1. Which Section of the Factories Act 1948 defines the term "occupier" of a factory

as a person who has ultimate control over the affairs of the factory

(a) Section 2(n)

(b) Section 2(m)

(c) Section 2(h)

(d) Section 2(k)

2. Which Section of the Factories Act 1948 deals with the conditions that exempt

the occupier or manager from liability in certain cases?

(a) Section 71

(b) Section 101

(c) Section 110

(d) Section 95

3. As per Section 101 of Factories Act 1948, what are the conditions that exempt

the occupier or manager from liability in certain defenses which are punishable

under this Act?

(a) He has used due diligence to enforce the execution of this Act

(b) The offence in question was committed without his knowledge, consent

or connivance

(c) Both (a) & (b)


4. As per Section-3 of Factories Act 1948, who has the power to make rules for

references to time for a day in any area where Indian Standard Time is not

ordinarily observed?

(a) State Labour Commissioner

(b) Chief Inspector of the State

(c) Central Government

(d) State Government

5. Which Section of the Factories Act 1948 empower State Government to declare

different departments to be separate factories or two or more factories to be a

single factory

(a) Section 4

(b) Section 3

(c) Section 6

(d) Section 5

6. As per Section 5 of Factories Act 1948, who has the power to exempt any

factory or class or description of factories from all or any of the provisions of this

Act, for such period and subject to such conditions as it may think fit

(a) Central Government

(b) State Government

(c) State Labour Commissioner

(d) Chief Inspector of the State

7. Which authorities carry out the administration of the factories Act, 1948 under

the supervision of the State Government?

(i) Inspecting staff

(ii) Certifying Surgeons

(iii) Labour Officers

(iv) Safety Officers

(a) (i) & (ii)

(b) (i), (ii) & (iii)

(c) (i), (ii) & (iv)

(d) (i), (ii), (iii) & (iv)

8. As per Factories Act 1948, who shall be an Inspector for his district

(a) Tahasildar

(b) Sub Divisional Magistrate

(c) Labour Officer

(d) District Magistrate

9. Piece-rate workers are considered workers as per the definition of 'Worker' in

the Factories Act, 1948. This statement is

(a) True

(b) False

(c) True in certain cases only

(d) False in certain cases only

10.What is the minimum number of workers required in a factory for the

mandatory appointment of a Safety Officer

(a) More than 500

(b) More than 1000

(c) More than 750

(d) More than 250

Answer key

1. a 2.b 3.c 4.d 5.a 6.b 7.c 8.d 9.a 10.b

MCQ QUESTION BANK Labour laws-II (LL.B II and BSL-IV ...

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