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Bulletin 133 rd Issue

January 2018

Dear Readers,

We wholeheartedly wish you a very Prosperous New Year and welcome you all to our 133 rd & January issue of ‘Aparajitha Bulletin’ in the exuberant New Year of 2018!!!

Following the Governor’s Assent given on 7 th September, 2017, the effective date of commencement of the Maharashtra Shops and

Establishments (Regulation of Employment and Conditions of Service) Act, 2017 was announced as 19 th December, 2017, thereby the Shops, theatres and other establishments can now stay open round the clock in the State of Maharashtra which may eventually increase more employability. The Payment of Gratuity (Amendment) Bill, 2017 has been introduced in Lok Sabha with intent to revise the previous ceiling of Rs. 10 Lakhs which was fixed in the year 2010, to Rs. 20 Lakhs and the period of 12 weeks of maternity leave for calculating continuous service under Section 2A of the Act is going to change as fixed by the Central Government from time to time which may be in line with other legislations that provide maternity benefits.

As per the recent amendment made in rationalization of Forms and Reports under certain labour law Rules, 2017, establishments/factories covered under the Central Government purview, can now use a common registration application under the following Central Rules:

  • a) Contract Labour (Regulation and Abolition) Central Rules,1971,

  • b) Building and Other Construction Workers (RE & CS) Central Rules, 1998,

  • c) Inter-State Migrant Workmen (RE & CS) Central Rules, 1980

Similarly, Annual Return which is to be submitted by Principal Employer and Half-Yearly Return to be submitted by Contractor has been omitted and the

common unified Annual Return shall be submitted in the Shram Suvidha

Portal directly by both of them on or before the 1 st day of February, for the preceding year.

Changes were effectuated from 6 th November, 2017, in the Puducherry Factories Rules, 1964, including the name Pondicherry was substituted with Puducherry, a Combined Annual Return in Form 19 has been introduced by omitting various returns.

Suitable amendment is carried out in Rule 55 of the West Bengal Shops & Establishments Rules, 1964 which facilitates any employer/shopkeeper to maintain and keep any register or record in respect of persons employed

him in any form either manually or electronically but in accordance with

prevailing forms with required particulars to be shown in, under these rules are to be maintained or reflected therein. In case of any disparity/doubt, the decision of the Registering Authority shall be final. Hence, seeking permission from the authority for maintaining alternate Form/Record is not required now.

TABLE OF CONTENTS Pages Maharashtra: Shops, theatres and other establishments can now stay open round the
TABLE OF CONTENTS
Pages
Maharashtra: Shops, theatres
and
other
establishments can now stay open round the
02
clock
Gratuity law amendment Bill introduced in Lok
Sabha
02
Introduction to Workmen’s Compensation
(Transfer of money) Amendment Rules, 2017
03
Amendment made in Rationalisation of Forms
and
Reports under certain Labour Law Rules,
03
2017
Combined
Annual
Return
introduced in
04
Puducherry Factories Rules
Amendments made in Rule 55 of West Bengal
Shops and Establishments Rules, 1964
05
Multiple PF Accounts can consolidate into one PF
Account
06
Timeline revised for submission of return by PF
06
exempted establishments
National Holiday for 2018 declared in Telangana 07
Public Holiday for 2018 declared in Haryana
07
Public Holiday for 2018 declared in Jammu
Kashmir
&
08
Media
coverage
in
labour
&
employment 08
domains

Now employees having multiple PF Accounts can consolidate all of them to a maximum of ten accounts into one current UAN activated PF account. Also the timeline has been revised for submission of returns by PF exempted establishments. Public Holiday lists for the year 2018 were issued by Haryana, Telangana and Jammu & Kashmir. We anticipate this issue would be of extensive value and serve as a helpful nutshell as a ready reference.

Happy Reading!

Page No 1

Bulletin January 2018 133 Issue Maharashtra: Shops, theatres and other establishments can now stay open round

Bulletin

January 2018

133 rd Issue

Maharashtra: Shops, theatres and other establishments can now stay open round the clock

Bulletin January 2018 133 Issue Maharashtra: Shops, theatres and other establishments can now stay open round

Effective Date for New Maharashtra S & E Act, 2017 is 19th December 2017.

Extract of the Notification is appended (Refer Page No 10.)

Bulletin January 2018 133 Issue Maharashtra: Shops, theatres and other establishments can now stay open round

Gratuity law amendment Bill introduced in Lok Sabha

Bulletin January 2018 133 Issue Maharashtra: Shops, theatres and other establishments can now stay open round

The Bill called ‘the Payment of Gratuity (Amendment) Bill, 2017has been introduced in Lok Sabha for the reason of following amendments:

The present ceiling of gratuity amount of Rs. 10 Lakhs was fixed in the year 2010. Now the central Labour Ministry paves the way for revising the ceiling by the Central Government from time to time keeping in view of increasing in wage and inflation, and future Pay Commissions.

Also, the period of 12 weeks of maternity leave for calculating continuous service under Section 2 A of the Act is going to change as fixed by the central Government from time to time which may be in line with other Maternity benefits related legislations.

Since the above said amendments are in normal in character, it has been proposed to empower

the Central Government to notify the ceiling time to time instead of amending the said Act

through Bill approach as it would take own time and usual Parliamentary procedure.

Bulletin January 2018 133 Issue Introduction to Workmen’s Compensation (Transfer of money) Amendment Rules, 2017 The

Bulletin

January 2018

133 rd Issue

Introduction to Workmen’s Compensation (Transfer of money) Amendment Rules, 2017

Bulletin January 2018 133 Issue Introduction to Workmen’s Compensation (Transfer of money) Amendment Rules, 2017 The

The following WC Amendment Rules, wherever, the word workmen’s, workman & workmen is occurred, the word ‘employees, employee and workmen has been substituted accordingly:

The Workmen’s Compensation (Transfer of Money) Amendment Rules, 2017

The Workmen’s Compensation (Venue of Proceedings) Amendment Rules, 2017

Extract of the Notification is appended (Refer Page No 30.)

Amendment made in Rationalisation of Forms and Reports under certain Labour Law Rules, 2017

Bulletin January 2018 133 Issue Introduction to Workmen’s Compensation (Transfer of money) Amendment Rules, 2017 The

Establishments/factories covered under the Central Government Purview, can now go for common registration application under the following Central Rules:

Contract Labour (Regulation and Abolition) Central Rules,1971,

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980

The common application for Registration of Establishments employing Contract Labour or Migrant Workmen or Building Workers has been introduced under the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Bulletin January 2018 133 Issue Amendment made in Rationalisation of Forms and Reports under certain Labour

Bulletin

January 2018

133 rd Issue

Amendment made in Rationalisation of Forms and Reports under certain Labour Law Rules, 2017 (Contd..)

Bulletin January 2018 133 Issue Amendment made in Rationalisation of Forms and Reports under certain Labour

Similarly, Annual Return which is to be submitted by Principal Employer and Half-Yearly Return to be submitted by Contractor has been omitted and the common unified Annual Return shall be submitted in the Shram Suvidha Portal directly by both of them. The return to be uploaded on or before 1st day of February of every year following the end of the year to which it relates.

Extract of the Notification is appended (Refer Page No 32.)

Amendments made in Puducherry factories rule, 1964

Bulletin January 2018 133 Issue Amendment made in Rationalisation of Forms and Reports under certain Labour

Effective from 6th November 2017, in the Pondicherry Factories Rules, 1964,

In the title for the existing word 'Pondicherry' the word 'Puducherry' has been substituted, now An annual return has been replaced with Combine Annual Return in

Form-19

The following existing returns have been omitted now:

Form-21 prescribed under Sub-Rule (3) of Rule 110 Form-22 prescribed under Sub-Rule (4) of Rule 110, Form-29 prescribed under Sub-Rule (1) of Rule 111, Form-30 prescribed under Rub-Rule (2) of Rule 111, Form-31 prescribed under Sub-Rule (3) of rule 111, Form-32 prescribed under sub-rule (5) of rule 110

Bulletin January 2018 133 Issue Amendment made in Rationalisation of Forms and Reports under certain Labour
Bulletin January 2018 133 Issue Amendments made in Rule 55 of West Bengal Shops and Establishments

Bulletin

January 2018

133 rd Issue

Amendments made in Rule 55 of West Bengal Shops and Establishments Rules, 1964

Bulletin January 2018 133 Issue Amendments made in Rule 55 of West Bengal Shops and Establishments

Rule 55 of West Bengal Shops and Establishments Rules, 1964 has amended with the substitution which as;

Earlier Provisions

Substituted Provisions

R. 55. Special registers and records.

R. 55. Special registers and records.

(1) If on an application made by an employer or shop-keeper in writing, the Government is

(1) any employer and shopkeeper can maintain and keep any register or record in respect of the

satisfied that any register or record

persons employed by him in any form either

maintained by such employer or shop-keeper given in respect of the persons employed by him the particulars required to be shown in any register or record to be maintained under these rules, the Government may, by or order in writing, direct the registers or record so maintained by the employer or shop-keeper shall notwithstanding that it is not in accordance with the form provided in that behalf in these rules, be deemed to the corresponding extent to be a register or record maintained under these rules

manually or electronically, notwithstanding that it is not in accordance with the form provided in that behalf in these rules, subject to the condition that particulars required to be shown in any register or record under these rules are maintained or reflected therein.

(2) Every application under sub- rule (1) shall be accompanied by five Copies of Form of the relevant register or record.

(2) In case of any disparity or doubt, as may be raised by any person employed, inspector, employer or shopkeeper as to whether the particulars as required to be maintained in the register or record are properly reflected or not, the decision of the registering authority shall be final

Bulletin January 2018 133 Issue Multiple PF Accounts can consolidate into one PF Account Now, one

Bulletin

January 2018

133 rd Issue

Multiple PF Accounts can consolidate into one PF Account

Bulletin January 2018 133 Issue Multiple PF Accounts can consolidate into one PF Account Now, one

Now, one employee who is having multiple PF Accounts can consolidate into one PF Account.

Extract of the Notification is appended

64.)

(Refer Page No

Bulletin January 2018 133 Issue Multiple PF Accounts can consolidate into one PF Account Now, one

Timeline revised for submission of return by PF exempted establishments

Bulletin January 2018 133 Issue Multiple PF Accounts can consolidate into one PF Account Now, one

Revised

timeline

for

submission

of

return

exempted establishments.

by

PF

Extract of the Notification is appended

No 65.)

(Refer Page

Bulletin January 2018 133 Issue Multiple PF Accounts can consolidate into one PF Account Now, one
Bulletin January 2018 133 Issue National Holiday for 2018 declared in Telangana Find attached the notification

Bulletin

January 2018

133 rd Issue

National Holiday for 2018 declared in Telangana

Bulletin January 2018 133 Issue National Holiday for 2018 declared in Telangana Find attached the notification

Find attached the notification of

list

of

National

and

Festival Holidays 2018 Hyderabad (Twin Cities) and Rengareddy Zone announced by JCL under the Telangana S

& E Act, 1988.

Bulletin January 2018 133 Issue National Holiday for 2018 declared in Telangana Find attached the notification

Extract of the Notification is appended (Refer Page No 79.)

Public Holiday for 2018 declared in Haryana

Bulletin January 2018 133 Issue National Holiday for 2018 declared in Telangana Find attached the notification

Haryana Public Holiday List for the year 2018

Extract of the Circular is appended (Refer Page No 81.)

Bulletin January 2018 133 Issue National Holiday for 2018 declared in Telangana Find attached the notification
Bulletin January 2018 133 Issue Public Holiday for 2018 declared in Jammu & Kashmir Holiday list

Bulletin

January 2018

133 rd Issue

Public Holiday for 2018 declared in Jammu & Kashmir

Bulletin January 2018 133 Issue Public Holiday for 2018 declared in Jammu & Kashmir Holiday list

Holiday list of Jammu & Kashmir for the year of 2018.

Extract of the Notification is appended (Refer Page No 84.)

Bulletin January 2018 133 Issue Public Holiday for 2018 declared in Jammu & Kashmir Holiday list

Media coverage in labour & employment domains

Bulletin January 2018 133 Issue Public Holiday for 2018 declared in Jammu & Kashmir Holiday list

EPFO advises members against fully withdrawing funds. (Refer Page No 89.)

Telangana Labour dept. cracks down on shops for Telugu Sign Board. (Refer Page No 91.)

How to merge two or more EPFO accounts. (Refer Page No 92.)

Bill to amend Payment of Gratuity Act provisions. (Refer Page No 93.)

Ministry of Labour & Employment Year End Review 2017. (Refer Page No 95.)

Hoping for higher pension from EPFO after SC judgement? Uncertainty prevails. (Refer Page No 102.)

Bulletin January 2018 133 Issue • Shops and establishments can now run 24 hours in state:girish@aparajitha.com " id="pdf-obj-8-2" src="pdf-obj-8-2.jpg">

Bulletin

January 2018

133 rd Issue

Shops and establishments can now run 24 hours in state:

Maharahstra govt. (Refer Page No 104.)

 

Pondy enacts law to regulate jobs of load workers. (Refer Page No 106.)

'With Aadhaar we have been able to cut the umbilical cord with the employe'. (Refer Page No 107.)

Govt

may

bring

back

proposal

to allow fixed-term

employment. (Refer Page No 110.)

Govt unlikely to slow down on labour reforms in 2018.

(Refer Page No 112.)

 

EPF and ESIC: Modi government hits brakes on plans to widen cover. (Refer Page No 114.)

Bulletin January 2018 133 Issue • Shops and establishments can now run 24 hours in state:girish@aparajitha.com " id="pdf-obj-8-81" src="pdf-obj-8-81.jpg">
Bulletin January 2018 133 Issue • Shops and establishments can now run 24 hours in state:girish@aparajitha.com " id="pdf-obj-8-83" src="pdf-obj-8-83.jpg">

CORPORATE OFFICE:

Aparajitha Corporate Services Private Limited, 5A, V.P. Rathinasamy Nadar Road, B. B. Kulam, Madurai - 625 002. Tamil Nadu. Phone 0452 4020202

CONTACT US:

Mr. Girish

- +91 99524 06408

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1

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RNI No. MAHENG/2009/35528

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (Mah. Act No. LXI of 2017), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR, Principal Secretary and R.L.A. to Government, Law and Judiciary Department.

MAHARASHTRA ACT No. LXI OF 2017.

(First published, after having received the assent of the Governor in the Maharashtra Government Gazette , on the 7th September 2017.)

An Act to provide for the regulation of conditions of employment and other conditions of service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for matters connected therewith or incidental thereto.

WHEREAS it is expedient to provide for the regulation of employment and other conditions of service of workers employed in shops, residential hotels, restaurants, eating houses, theatres, other places of public amusement

¦ÉÉMÉ +É`-----145-----1

(1)

2

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or entertainment and other establishments and for matters connected therewith or incidental thereto; it is hereby enacted in the Sixty-eighth Year of the Republic of India as follows :

CHAPTER I

PRELIMINARY

Short title,

extent,

application

and com-

mencement.

  • 1. (1) This Act may be called the Maharashtra Shops and Establishments

(Regulation of Employment and Conditions of Service) Act, 2017. (2) It extends to the whole of the State of Maharashtra.

(3) The provisions of this Act, except section 7, shall apply to the establishments employing ten or more workers and the provisions of section 7 shall apply to the establishments employing less than ten workers.

(4) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

Definitions.

  • 2. In this Act, unless the context otherwise requires,

(1) Chief Facilitator means the Chief Facilitator appointed as such under section 28 of this Act;

(2) day means the period of twenty-four hours beginning at midnight;

(3) employer means a person owning or having ultimate control over the affairs of an establishment, and includes,

(i) in the case of a firm or association of individuals, a partner or members of the firm or association;

(ii) in the case of a company, a director of the company; (iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be;

(4) establishment means an establishment which carries on, any business, trade, manufacture or any journalistic or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession or manufacture; and includes establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant or any other technical or professional consultant; and also includes a society registered under the Societies Registration Act, 1860, and a charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto; and includes shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; to whom the provisions of the Factories Act, 1948 does not apply ; and includes such other establishment as the State Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;

  • 21 of

1860.

  • 63 of

1948.

(5) Facilitator means a Facilitator appointed under section 28 of this Act;

(6) Factory means any premises which is a factory within the meaning of clause (m) of section 2 of the Factories Act, 1948 or which is deemed to be a factory under section 85 of the said Act;

  • 63 of

1948.

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3

(7) holiday means a day on which a worker shall be given a weekly off under the provisions of this Act;

III of

(8) leave means a leave provided for in Chapter IV of this Act; (9) local area means any area or combination of areas to which this Act applies; (10) local authority means the Municipal Corporation of Brihan Mumbai constituted or deemed to have been constituted under the

  • 1888. Mumbai Municipal Corporation Act, Corporations constituted or deemed to have been constituted under the Maharashtra Municipal Corporations

LIX of

  • 1949. Act and the Municipal Councils constituted or deemed to have been constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and includes any other body which the State Government may, by notification in the Official Gazette, declares to be a local authority for the purposes of this Act; (11) Manager means a person mentioned in the application under section 6 of this Act ; (12) member of the family of an employer means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer;

Mah. XL

of 1965.

(13) opened means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of or connected with the establishment;

(14) period of work means the time during which a worker is at the disposal of the employer;

(15) prescribed means prescribed by rules made under this Act; (16) prescribed authority means the Commissioner of Labour for the purposes of this Act;

(17) register of establishment means a register maintained for the registration of establishments under this Act, either manually or in electronic format;

(18) registration certificate means a certificate of the registration of an establishment;

(19) residential hotel means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes residential club;

(20) restaurant or eating house means any premises, in which, wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises is carried on;

(21) shop means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory;

(22) spread over means the period between the commencement and the termination of the work of a worker on any day;

(23) theatre includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment;

4

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(24) wages means wages as defined in the Payment of Wages Act,

1936;

4 of

1936.

(25) week means the period of seven days beginning at midnight of Saturday;

(26) worker means any person (except an apprentice under the Apprentices Act, 1961) employed to do any manual, unskilled, skilled technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied.

Act not to apply to certain

  • 3. The provisions of this Act shall not apply to, (1) Establishments of the Central and State Government;

  • establish- (2) Establishments of Local Authorities; (3) Establishment of Mumbai Port Trust; (4) Establishment of Railway Administration; (5) Offices of Reserve Bank of India;

ments and

persons.

52 of

1961.

(6) Offices of the Trade Commissioner and of Consular officers and other Diplomatic representatives of Foreign Government;

(7) Offices of Air Service Companies; (8) Establishments used for treatment or care of infirm, destitute or mentally unfit; (9) Establishments pertaining to any kind of educational activities (excepting those where coaching or tuition classes are conducted by individual persons or any institutions other than those, (a) affiliated to any university established by law, or (b) recognised by the Divisional Boards under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965, or (c) recognised by the Directorate of Education or the Directorate of Technical Education as a private secondary or technical high school, Industrial Training Institute (I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses recognised by Government) ; (10) High Court Law Libraries and other Courts Law Libraries;

Mah.

XLI of

1965.

(11) A worker occupying position of confidential, managerial or supervisory character in an establishment, a list of which shall be displayed on the website of establishments and in absence of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the Facilitator;

(12) A worker whose work is inherently intermittent; (13) A member of the family of an employer.

Application of

  • 4. (1) Notwithstanding anything contained in this Act, the State

Act to other

Government may, by notification in the Official Gazette, declare any
establish- establishment or class of establishments to which, or any worker or person or class of workers or persons to whom, this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a worker or a person or class of workers or persons to which or whom this Act or any provisions thereof with such modifications or adaptations as may in the opinion of the State Government be necessary shall apply from such date as may be specified in the notification.

ments and

workers.

(2)

On such declaration under sub-section (1), any such establishment

or class of establishments or such worker or person or class of workers or

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

5

persons shall be deemed to be an establishment or class of establishments to which, or to be a worker or a person or class of workers or persons to whom, this Act, applies and all or any of the provisions of this Act with such modification or adaptation as may be specified in such declaration, shall apply to such establishment or class of establishments or to such worker or persons or class of workers or persons.

  • 5. The State Government may, by notification in the Official Gazette,

suspend the operation of all or any of the provisions of this Act for such

period and subject to such conditions as it deems fit on account of any holidays or occasions.

Suspension of all or any of provisions of this Act.

CHAPTER II

REGISTRATION OF ESTABLISHMENTS

  • 6. (1) Within a period of sixty days from the date of commencement of

this Act or the date on which establishment commences its business, the

employer of every establishment employing ten or more workers shall submit application online in a prescribed form for registration to the Facilitator of the local area concerned, together with such fees and such self-declaration and self-certified documents as may be prescribed, containing

Registration

of establish-

ments.

  • (a) the name of the employer and the manager, if any;

  • (b) the postal address of the establishment;

  • (c) the name, if any, of the establishment;

  • (d) the actual nature of the business of the establishment ; and

  • (e) such other particulars as may be prescribed :

LXXIX

of 1948.

Provided that, nothing contained hereinabove shall apply to the establishments already having valid registration or renewal under the Maharashtra Shops and Establishments Act until expiry of their registration or renewal.

(2) On receipt of the application along with documents and the fees online, the Facilitator shall, register the establishment in the register of establishments in such manner as may be prescribed and shall issue online, in a prescribed form, a registration certificate along with the Labour Identification Number (LIN) to the employer within the prescribed time limit. The Facilitator shall verify the correctness of the application and documents attached thereto within such time as may be prescribed. The registration certificate shall be produced whenever it is demanded by the Facilitator.

(3) A registration certificate granted under sub-section (2) shall be valid for such period as may be requested by the applicant and specified therein subject to a maximum period of ten years. An application for the renewal of a registration certificate shall be submitted online not less than thirty days before the date of expiry of the registration certificate or of the renewed registration certificate, as the case may be, and shall be accompanied by such fees, and the renewed registration certificate shall be in such form, as may be prescribed.

(4) If the application for the renewal of a registration certificate is submitted after the expiry of the period specified in sub-section (3) but within thirty days after the date of expiry of the registration certificate or of the renewed registration certificate, as the case may be, such application shall be accompanied by an additional fee as late fee equal to half of the fee payable for the renewal of a registration certificate.

¦ÉÉMÉ +É`-----145-----2

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

(5) In the event of any doubt or difference of opinion between an employer and the Facilitator with respect to any provisions of this Act, the Facilitator shall refer the matter to the prescribed authority which shall, after inquiry as it thinks proper, decide the matter and its decision shall be final for the purposes of this Act.

Intimation of

  • 7. (1) Within a period of sixty days from the date of the commencement

  • establish- of this Act or the date on which establishment commences its business, the employer of every establishment employing less than ten workers shall give an intimation of having commenced the business to the Facilitator in whose jurisdiction the establishment is located by submitting online application, in a prescribed form, together with such self-declaration and self-certified documents, as may be prescribed containing details such as name of the employer and manager, name of establishment, nature of business, number of workers and such other details as may be prescribed. The Facilitator shall issue to the employer of such establishment a receipt of intimation in such form and manner as may be prescribed. The details of the intimation receipt shall be recorded online in a register maintained in such form as may be

ment employ- ing less than ten workers.

prescribed :

Provided that, if at any point of time the number of workers engaged in the establishment become ten or more, then all provisions of this Act shall apply to such establishment and the employer of such establishment shall have to obtain registration as per the provisions of section 6:

Provided further that, nothing contained in this sub-section shall apply to the establishments already having valid registration or renewal under the Maharashtra Shops and Establishments Act until expiry of their registration or renewal.

LXXIX

of 1948.

(2) The employer of such establishment employing less than ten workers shall notify to the Facilitator within thirty days from the date of the closing of the business that the establishment has been closed for business in such form and manner as may be prescribed. The Facilitator on receiving the information shall remove the entry of such establishment from the register kept for that purpose.

(3) Whoever, contravenes the provisions of this section or rules framed thereunder shall be punishable with a fine of rupees one thousand.

Cancellation

of registra-

tion.

  • 8. At any time, if it is found or brought to the notice of the Facilitator

that the registration of any establishment has been obtained by misrepresentation or suppression of material facts or by submitting false or forged documents or false declaration or by fraud, and therefore, requires to be revoked, the Facilitator shall, after giving an opportunity of being heard, to the employer of the establishment, cancel the registration and remove such establishment from the register of establishments in the manner prescribed.

Change to be

  • 9. It shall be the duty of every employer to notify online to the

  • communi- Facilitator, in the prescribed form, any change in any of the particulars contained in the application submitted under section 6 within such period, after the change has taken place, as the State Government may prescribe. The Facilitator shall, on receiving such notice and the prescribed fees alongwith the self-declaration of the applicant and self-certified documents as may be prescribed, make the change in the register of establishments in accordance with such notice and shall issue a fresh registration certificate online.

cated to

Facilitator.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

7

  • 10. The employer shall notify to the Facilitator within thirty days from

the date of closing of the business that the establishment has been closed for

business in such form and manner, as may be prescribed. The Facilitator on receiving the information and on being satisfied about its correctness shall remove such establishment from the register of establishments and cancel the registration certificate:

Closing of

establish-

ment to be

communi-

cated to

Facilitator.

Provided that, if the Facilitator does not receive the information but he is otherwise satisfied that any establishment has been closed, he may remove such establishment from such register of establishments and cancel such certificate.

CHAPTER III

OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST, SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF

  • 11. Notwithstanding anything contained in this Act, the State

Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period.

Opening and

closing hours

of establish-

ment.

  • 12. Subject to the other provisions of this Act, no adult worker shall be

required or allowed to work in any establishment for more than nine hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour:

Daily and weekly hours of work in

establish-

ment and

interval for

rest.

Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator.

  • 13. (1) No woman worker shall be discriminated in the matter of

recruitment, training, transfers or promotion or wages.

(2) No woman worker shall be required or allowed to work in any establishment except between the hours of 7 a.m. and 9-30 p.m. :

Prohibition of

discrimination

against woman

worker.

Provided that, the woman worker with her consent, shall be allowed to work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate protection of their dignity, honour and safety, protection from sexual harassment and their transportation from the establishment to the doorstep of their residence as may be prescribed are provided by the employer or his authorised representative or manager or supervisor.

(3) Notwithstanding anything contained in the preceding sub-sections, the State Government may, by notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 9-30 p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants, residential hotels, permit rooms, bars, spa-massage parlours, lodges or any business or any trade or occupation in such area or areas as it may deem fit.

  • 14. The spread-over of a worker in establishment shall not exceed ten

and half hours in any day, and in case a worker entrusted with intermittent

nature of work or urgent work, the spread over shall not exceed twelve hours.

Spread-over in

establish-

ments.

  • 15. Where a worker in any establishment is required to work beyond

nine hours a day or forty-eight hours a week, he shall be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. The total number of overtime hours shall not exceed one hundred and twenty- five hours in a period of three months.

Wages for

overtime.

¦ÉÉMÉ +É`-----145-----3

8

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

Weekly

holiday for

worker.

  • 16. (1) (a) A department or any section of a department of the

establishment may work in more than one shift at the discretion of the employer and if more than one shift is worked, the worker may be required to work in any shift at the discretion of the employer.

  • (b) An establishment may be kept open for business on all days in a week

subject to the condition that every worker shall be allowed weekly holiday of

at least twenty-four consecutive hours of rest.

  • (c) If a worker is denied weekly holiday, the compensatory leave in lieu

thereof shall be given within two months of such weekly holiday.

  • (d) The period and hours of work in a week for all classes of workers in

such shift shall be informed well in advance to all workers in writing and shall be sent to the Facilitator electronically or otherwise.

  • (e) Where a worker is required to work on a day of his rest, he shall be

entitled to wages at the rate of twice his ordinary rate of wages.

(2) No deduction shall be made from the wages of any worker in an establishment on account of any day on which it has been a weekly holiday under this section. If a worker is employed on a daily wage, he shall nonetheless be paid his daily wage for the day of his weekly off. If a worker is paid a piece rated wage, he shall nonetheless be paid his wage for the day of his weekly holiday, at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such holiday, exclusive of any earning in respect of overtime:

Provided that, nothing in this sub-section shall apply to any worker whose total period of continuous employment is less than six days.

Employer to

furnish

identity card

to worker.

  • 17. The employer of an establishment shall furnish to every worker an

identity card which shall be produced by the worker on demand by Facilitator. Such card shall contain the following and such other particulars as may be prescribed, namely :

  • (a) the name of the employer ;

  • (b) the name, if any, and the postal address, of the establishment;

  • (c) the name and age of the worker;

  • (d) date of joining, department, nature of work, designation;

  • (e) the signature (with date) of the employer or manager;

Leave.

  • (f) Blood Group;

  • (g) Aadhaar Card Number.

CHAPTER IV

LEAVE WITH PAY AND PAYMENT OF WAGES

  • 18. (1) Every worker shall be allowed a weekly holiday with wages.

(2) Every worker shall be entitled to eight days casual leave with wages in every calendar year which shall be credited into the account of the worker on a quarterly basis, but shall laps if unavailed at the end of the year.

(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.

(4) Subject to the provision of clause (3) every worker, who has been employed for not less than three months in any year, shall for every sixty days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

9

(5) Every worker shall be permitted to accumulate earned leave upto a maximum of forty-five days.

(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty-five days:

Provided that, if a worker is entitled to leave other than causal and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.

(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August and 2nd October and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:

Provided that, the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.

(8) For the purpose of sub-section (3),

  • (a) any days of lay-off, by agreement or contract or as permissible

under the model standing orders or standing order certified under

  • 26 of

1946.

  • 53 of

1961.

Industrial Employment (Standing Orders) Act, 1946;

  • (b) in the case of a woman worker, maternity leave as provided for

in the Maternity Benefits Act, 1961;

  • (c) the leave earned in the year prior to that in which the leave is

availed; or

  • (d) the worker has been absent due to temporary disablement caused

by accident arising out of and in the course of his employment,

shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.

(9) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.

(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.

CHAPTER V

WELFARE PROVISIONS

  • 19. (1) Every employer shall take such measures relating to the health

and safety of the workers including cleanliness, lighting, ventilation and prevention of fire as may be prescribed.

Health and

safety of

workers.

(2) Every employer shall be responsible for providing constant adequate supervision of the workers employed in the establishment and to ensure the compliance with the rules relating to health and safety made under sub- section (1) and for taking steps necessary to prevent accidents.

¦ÉÉMÉ +É`-----145-----3+

10

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

First-aid.

  • 20. Every employer shall provide at the place of work first-aid facilities

as may be prescribed.

Drinking

water.

  • 21. The employer shall make effective arrangements to provide and

maintain at suitable points conveniently situated for all persons employed

in the establishment, a sufficient supply of wholesome drinking water.

Latrines and

urinals.

  • 22. The employer shall provide sufficient latrine and urinal for men

and women as may be prescribed and these shall be so conveniently situated

as may be accessible for the workers employed in the establishment :

Provided that, several employers may provide common facilities of latrines and urinals, in case it is not possible, in an establishment due to constraint in space or otherwise.

Creche

facility.

  • 23. In every establishment wherein fifty or more workers are employed,

there shall be provided and maintained a suitable room or rooms as crèche

for the use of children of such workers :

Provided that, if a group of establishments, so decide to provide a common crèche within a radius of one kilometre, then, the same shall be permitted by the Chief Facilitator, subject to such conditions as may be specified in the order.

Canteen.

  • 24. The State Government shall require the employer to provide and

maintain in the establishment, wherein not less than one hundred workers are employed or ordinarily employed to maintain a canteen for the use of its workers :

Provided that, if a group of establishments, so decide to provide a common canteen, then the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order.

Maintenance

of registers

and records.

  • 25. (1) Every employer shall maintain such registers and records, as

may be prescribed. (2) The records may be maintained electronically or manually :

Provided that, at the time of inspection by a Facilitator, a hard copy of such records if demanded, shall be submitted duly signed by the employer or his representative.

(3) Every employer and in his absence the manager shall on demand produce for inspection of Chief Facilitator and Facilitators all registers, records and notices required to be kept under and for the purposes of this Act.

(4) All such registers and records shall be kept in the premises of the establishments to which they relate.

Annual

Return.

  • 26. The employer of an establishment shall furnish an annual return,

in such a form and in such manner (including electronic form), to such authority as may be prescribed.

CHAPTER VI

ENFORCEMENT AND INSPECTION

Provisions for handing over enforcement of Act to local authorities.

  • 27. Notwithstanding anything contained in this Act, the State

Government may, from time to time, by notification in the Official Gazette, without the necessity of giving any further notice or reasons, declare that any local authority or authorities or class of local authorities specified in such notification shall perform the duty of enforcing the provisions of this Act from a date specified in that notification. From such date, it shall be the duty of that local authority to enforce the provisions of the Act, in respect of the areas subject to the jurisdiction of such local authorities, subject to such

supervision of the State Government, as may be prescribed.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

11

  • 28. (1) The State Government may, by notification in the Official

Gazette, appoint a Chief Facilitator who shall, in addition to the powers conferred on a Chief Facilitator under this Act, exercise the powers of a Facilitator throughout the State.

(2) The State Government may, by notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator or Facilitators, for the purposes of this Act, and may assign to them such local limits as it may think fit.

Appointment of Chief Facilitator and Facilita- tors and their powers.

(3) The State Government may prescribe a scheme for randomize inspection of establishments which shall provide for generation of a web- based inspection schedule.

(4) Subject to such conditions as may be prescribed, a Facilitator may, within the local limits for which he is appointed

(i) advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively;

(ii) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (3), and may

  • (a) enter, at all reasonable time and with such assistants, if

any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment;

  • (b) make such examination of the premises and of any prescribed

registers, records and notices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act;

  • (c) examine any person who is found in any premises of the

establishment and whom, the Facilitator has reasonable cause to believe, is a worker of the establishment;

  • (d) require any person to give any information, which is in his

power to give with respect to the names and addresses of the persons;

  • (e) search, seize or take copies of such register, record of wages

or notices or portions thereof as the Facilitator may consider relevant in respect of an offence under this Act and which the Facilitator has reason to believe has been committed by the employer;

  • (f) bring to the notice of the State Government defects or abuses

not covered by the law for the time being in force; and

  • (g) exercise such other powers, as may be prescribed :

Provided that, no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.

(5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator control and supervise the functioning of the Facilitator and may assign or reassign the area of work of the Facilitator subject to the jurisdiction of the local area.

(6) Any person required to produce any document or to give any information required by Chief Facilitator and Facilitator appointed under sub-sections (1) and (2) shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
1860.

45 of

12

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

(7) The provisions of the Code of Criminal Procedure, 1973 shall, so far as may be, apply to the search or seizure under sub-clause (e) of clause (ii) of sub-section (4) as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code.

2 of

1974.

(8) Every Chief Facilitator and Facilitators appointed under sub-sections (1) and (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

45 of

1860.

CHAPTER VII

OFFENCES AND PENALTIES

Penalty for contravention of provisions of this Act.

  • 29. (1) Whoever, contravenes the provisions of this Act or the rules

made thereunder shall be punishable with fine which may extend to one lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues :

Provided that, the total amount of fine shall not exceed two thousand rupees per workers employed.

(2) If any person who has been convicted of any offence punishable under sub-section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punished on a subsequent conviction with fine which may extend to two lakh rupees :

Provided that, the total amount of fine shall not exceed two thousand rupees per workers employed.

Penalty for contravention of provisions of this Act which resulted in accident.

  • 30. Save as otherwise expressly provided in this Act, where an employer

on being held guilty of contravention of any of the provisions of this Act or any rules made thereunder which has resulted in an accident causing serious bodily injury or death of a worker, he shall, on conviction, be punished with imprisonment which may extend to six months, or with fine which shall not be less than two lakh rupees and which may be extended to five lakh rupees, or with both.

Penalty for obstructions or refusal to provide register, etc.

  • 31. (1) Whoever, wilfully obstructs the Facilitator in exercise of any

powers conferred on him by or under this Act or refuses or wilfully neglects to afford a Facilitator any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this Act in relation to an establishments, shall, on conviction, be punished with fine which may extend to two lakh rupees.

(2) Whoever, wilfully refuses to produce on the demand of a Facilitator any register or other document kept in pursuance of this Act or the rules made thereunder or prevents or attempts to prevent or does anything which he has reason to believe to prevent any person from appearing before, or being examined by, a Facilitator acting in pursuance of his duties under this Act, shall, on conviction, be punished with fine which may extend to two lakh rupees :

Provided that, total amount of fine shall not exceed two thousand rupees per worker employed.

Cognizance of

offences.

  • 32. (1) No Court shall take cognizance of any offence punishable under

this Act and the rules made thereunder unless a complaint in respect thereof is made by the Facilitator within three months of the date on which the alleged

commission of the offence came to the knowledge of the Facilitator :

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

13

Provided that, where the offence consists of disobeying a written order made by a Facilitator, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act or the rules made thereunder.

  • 33. (1) Any offence punishable under this Act, not being an offence

punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the State Government may, by notification, specify, with fine provided for such offence, in the manner as may be prescribed.

Compounding

of offences.

(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date

  • (a) of commission of a similar offence which was earlier compounded;

  • (b) of commission of similar offence for which such person was earlier

convicted.

(3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the State Government.

(4) Every application for the compounding of an offence shall be made in such form and manner as may be prescribed.

(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.

(6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the Court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.

(7) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine.

(8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section.

CHAPTER VIII

MISCELLANEOUS

  • 34. The State Government may, by notification in the Official Gazette,

exempt from the operation of all or any of the provisions of this Act or rules, any establishment or class thereof or any employer or worker or person or class of employers or workers or persons to whom this Act applies for any period on such terms and conditions, as it may thinks fit.

Power to

exempt.

14

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ºÉ{]åõ¤É®ú 7, 2017/¦ÉÉpù 16, ¶ÉEäò 1939

Rights and privileges under other laws etc., not affected.

  • 35. Nothing in this Act shall affect any right or privileges which a

worker in any establishment is entitled to at the date of commencement of this Act under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the worker in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.

Protection of action taken in good faith.

  • 36. No suit, prosecution or legal proceedings shall lie against any person

for anything which is in good faith done or intended to be done under this

Act.

Power to

make rules.

  • 37. (1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

(2) All rules made under this Act shall be subject to the condition of previous publication.

(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in any rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Power to

remove

difficulties.

  • 38. (1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty :

Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.

Repeal of

  • 39. On and from the date of commencement of this Act, the Maharashtra

Maharashtra

Shops and

Shops and Establishments Act, shall stand repealed :

  • Establish- Provided that,

ments Act.

  • (a) every appointment order, rule, bye-law, regulation, notification,

LXXIX

of 1948.

registration or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye-law, regulation, notification or notice made, issued or

given under this Act ;

  • (b) any proceeding relating to the trial of any offence punishable

under the provisions of the Act so repealed shall be continued and completed as if the said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY

SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT

GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

1

AS INTRODUCED IN LOK SABHA

Bill No. 205 of 2017

THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017

A

BILL further to amend the Payment of Gratuity Act, 1972.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—

  • 1. (1) This Act may be called the Payment of Gratuity (Amendment) Act, 2017.

Short title and commencement.

( 2 ) It shall come into force on such date as the Central Government may, by

39 of 1972

  • 5 notification in the Official Gazette, appoint.

    • 2. In the Payment of Gratuity Act, 1972 (hereinafter referred to as the principal Act),

in section 2, for clause (k ), the following clause shall be substituted, namely:—

Amendment of

section 2.

'( k) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly;'.

10

  • 3. In section 2A of the principal Act, in sub-section ( 2), in the Explanation, in

clause ( iv), for the words "twelve weeks", the words "such period as may be notified by the

Central Government from time to time" shall be substituted.

Amendment of

section 2A.

  • 4. In section 4 of the principal Act, in sub-section (3), for the words "ten lakh rupees",

the words "such amount as may be notified by the Central Government from time to time"

Amendment of

section 4.

STATEMENT OF OBJECTS AND REASONS

The Payment of Gratuity Act, 1972 (the Act) was enacted to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments who have rendered a minimum five years of continuous service with the establishment employing ten or more persons. The calculation of gratuity amount is based on a formula, which is fifteen days of wages for each year of completed service, subject to a ceiling. The present ceiling, as provided under section 4 of the Act is rupees ten lakhs which was fixed in the year 2010.

  • 2. The period of twelve weeks of maximum maternity leave presently provided in

section 2A of the Act for the purpose of calculating continuous service under the Act is on

the basis of period of maximum maternity leave as provided in the Maternity Benefit Act, 1961. The maximum maternity leave under the Maternity Benefit Act, 1961 has been enhanced from twelve weeks to twenty-six weeks by the Maternity Benefit (Amendment) Act, 2017. It is therefore proposed to empower the Central Government to enhance the period of existing twelve weeks to such period as may be notified by it.

  • 3. The provisions contained in the Central Civil Services (Pension) Rules, 1972 for

Central Government employees with regard to gratuity are similar to the provisions contained in the Act. After implementation of the 7th Central Pay Commission, the ceiling of gratuity for Central Government employees has been enhanced from rupees ten lakhs to rupees twenty lakhs. In the past, the ceiling amount of gratuity under the Act has followed the Central Pay Commission recommendations. Therefore, considering the inflation and wage increase even in case of employees engaged in private and public sector, the entitlement of gratuity is also required to be revised for employees who are covered under the Act. It has also been proposed to empower the Central Government to notify the ceiling proposed, instead of amending the said Act, so that the limit can be revised from time to time keeping in view the increase in wage and inflation, and future Pay Commissions.

  • 4. The Payment of Gratuity (Amendment) Bill, 2017, inter alia, proposes to amend—

    • (a) section 2A of the Act so as to empower the Central Government to notify the

period of maternity leave in case of female employee as deemed to be in continuous

service in place of existing twelve weeks;

  • (b) section 4 of the Act to substitute the words "ten lakh rupees" with the words

"such amount as may be notified by the Central Government from time to time".

  • 5. The Bill seeks to achieve the above objects.

NEW DELHI;

Dated, the 23rd October, 2017.

SANTOSH KUMAR GANGWAR

2

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 3 of the Bill seeks to amend the provision relating to calculation of “continuous service” for the purpose of gratuity in case of a female employee who has been on maternity leave. It empowers the Central Government to notify the period of paid maternity leave for the purposes of counting of “continuous service” under the Payment of Gratuity Act, 1972 by notification in the Official Gazette, from time to time.

  • 2. Clause 4 of the Bill seeks to amend sub-section (3) of section 4 of the Act to substitute

the words “ten lakh rupees” with “such amount as may be notified by the Central Government from time to time” which empowers the Central Government to notify the maximum amount of gratuity admissible under the Act by notification in the Official Gazette from time to time.

  • 3. The matters in respect of which notification may be issued by the Central Government

are matters of procedure or administrative details and it is not practicable to provide for this

in the Bill itself. The delegation of legislation is, therefore, of a normal character.

3

ANNEXURE

EXTRACTS FROM THE PAYMENT OF GRATUITY ACT, 1972

Definitions.

(39 OF 1972) * 2. In this Act, unless the context otherwise requires,—

*

*

*

*

*

*

*

*

*

*

Continuous

* ( k ) "notification" means a notification published in the Official Gazettee; *

*

*

service.

2A. For the purposes of this Act,—

*

 

*

*

*

*

(2) Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer—

 

*

*

*

*

*

Explanation.—For the purposes of clause (2), the number of days on which an employee has actually worked under an employer shall include the days on which—

 

(i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946, or under the

  • 20 of 1946.

Industrial Disputes Act, 1947, or under any other law applicable to the establishment;

  • 14 of 1947.

(ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and

(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.

*

*

*

*

*

Payment of

4.

( 1 )

*

*

*

*

*

gratuity.

(3) The amount of gratuity payable to an employee shall not exceed ten lakh rupees. *

*

*

*

*

4

LOK SABHA

————

A BILL further to amend the Payment of Gratuity Act, 1972.

————

(Shri Santosh Kumar Gangwar, Minister of State for Labour and Employment)

GMGIPMRND—2619LS—02-12-2017.

  • 2 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)]

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 28th November, 2017

G.S.R. 1466(E).—In exercise of the powers conferred under Section 35 of the Employee’s Compensation Act,

1923, the Central Government hereby makes the following rules further to amend the Workmen’s Compensation

(Transfer of Money) Rules, 1935, namely:-

  • 1 (1) These rules may be called the Workmen’s Compensation (Transfer of Money) Amendment Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.

    • 2. In the Workmen’s Compensation (Transfer of Money) Rules, 1935 (hereinafter referred to as principal rules), in rule 1, for the word “Workmen’s”, the word “Employee’s” shall be substituted;

    • 3. Throughout the principal rules for the words “workman” and “workmen”, wherever they occur, the words “employee” and “employees” shall respectively be substituted, and such other consequential amendments as the rules of grammar may require, shall also be made.

[F. No. S-36025/01/2011-SS-I]

MANISH KUMAR GUPTA, Jt. Secy.

Footnote: The principal rules were notified vide Government of India, Department of Industries and Labour,

notification No. L-3033, dated the 13th March, 1935 and was last amended vide number G.S.R. 400, dated

the 20th June, 1991.

अिधसूचना

अिधसूचना

अिधसूचना

अिधसूचना

, 28 र, 2017

सा.का.िन. 1467(अ)

सा.का.िन. 1467

1467

1467(अ)

(अ).

सा.का.िन.

सा.का.िन.

()...

( )

है,

  • 1. (1)

(2)

  • 2. ( ) ,

रखा जाएगा और , ,

  • 3. ,

,

,

[फा. सं. एस-36025/01/2011-एसएस-I]

,

मूल िनयम भारत सरकार, 451, तारीख 25 िसतंबर, 1996

¹Hkkx IIµ[k.M 3(i)º

Hkkjr dk jkti=k % vlk/kj.k

3

NOTIFICATION

New Delhi, the 28th November, 2017

G.S.R. 1467(E).—In exercise of the powers conferred under sub-section (1) of section 21 of the Employee’s

Compensation Act, 1923, the Central Government hereby makes the following rules further to amend the Workmen’s

Compensation (Venue of Proceedings) Rules, 1996, namely:-

  • 1 (1) These rules may be called the Workmen’s Compensation (Venue of Proceedings) Amendment Rules, 2017. (2) They shall come into force on the date of their publication in the Official Gazette.

    • 2. In the Workmen’s Compensation (Venue of Proceedings) Rules, 1996 (hereinafter referred to as principal rules), in rule 1, for the word “Workmen’s” the word “Employee’s” shall be substituted;

    • 3. Throughout the principal rules for the words ‘workman” and “workmen”, wherever they occur, the words “employee” and “employees” shall respectively be substituted, and such other consequential amendments as the rules of grammar may require, shall also be made.

[F. No. S-36025/01/2011-SS-I]

MANISH KUMAR GUPTA, Jt. Secy.

Footnote: The principal rules were notified vide Government of India,

G.S.R. 451, dated the 25 th September, 1996.

Ministry of Labour notification vide number

REGD. NO. D. L.-33004/99 EXTRAORDINARY II— — (i) PART II — Section 3 — Sub-section (i)
REGD. NO. D. L.-33004/99 EXTRAORDINARY II— — (i) PART II — Section 3 — Sub-section (i)

REGD. NO. D. L.-33004/99

REGD. NO. D. L.-33004/99 EXTRAORDINARY II— — (i) PART II — Section 3 — Sub-section (i)
EXTRAORDINARY II— — (i)
EXTRAORDINARY
II—
(i)

PART IISection 3Sub-section (i)

REGD. NO. D. L.-33004/99 EXTRAORDINARY II— — (i) PART II — Section 3 — Sub-section (i)

PUBLISHED BY AUTHORITY

1035] No. 1035] NEW DELHI, FRIDAY, DECEMBER 29, 2017/PAUSA 8, 1939
1035]
No. 1035]
NEW DELHI, FRIDAY,
DECEMBER 29, 2017/PAUSA 8, 1939

श्रम और रोजगार मंत्रालय ऄधिसूचना

नइ दिल्ली, 29 दिसम् बर, 2017

सा.का.धन. 1593(ऄ).कधिपय श्रम धिधियों के ऄिीन प्ररूपों और ररपोर्टों का सुव् यि्‍ ीकरन धनयम, 2017 का संशोिन करने के धलए कधिपय धनयमों का प्रारूप, भारि सरकार के श्रम और रोजगार मंत्रालय की

ऄधिसूचना सं. सा.का.धन. 1333(ऄ), िारीख 27 ऄक् िूबर, 2017 द्वारा भारि के राजपत्र, ऄसािारन, भाग II, खंड 3, ईपखंड (i) में ईनसे द्वारा संभाव् य प्रभाधिि सभी व् यधक्ि यों द्वारा ईस िारीख से जब ईक् ि ऄधिसूचना ऄंिर्विष्र्ट करने िाले राजपत्र की प्रधियां जनसािारन को ईपल्‍ ि करिाइ गइ ं, से िीस दिन की ऄिधि की समाध‍ ि से पूिआ अषेपेप और सुझाि अमंधत्रि करने के धलए प्रकाधशि दकए गए े ;

ईक् ि राजपत्र की प्रधियां जनसािारन को 27 ऄक् िूबर, 2017 को ईपल्‍ि करिाइ गइ

;

ईक् ि प्राुपप धनयमों के संबंि में जनसािारन से कोइ अषेपेप और सुझाि प्रा‍ि नहं ुएए ह ; ऄिः, ऄब, केन्द्रीय सरकार, सूचना प्रौद्योधगकी ऄधिधनयम (2000 का 21) के ऄध्याय III के सा

परिि;-

  • (i) िेका श्रम (धिधनयमन और ईत्सािन) ऄधिधनयम, 1970(1970 का 37) की िारा 35;

(ii) ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) ऄधिधनयम, 1979(1979 का 30) की िारा 35;

(iii) भिन और ऄन्द्य सधिमाआन कामगार(धनयोजन और सेिा-शिआ धिधनयमन) ऄधिधनयम, 1996(1996 का 27) की िारा 62 द्वारा प्रित्त शधियों का प्रयोग करिे ुएए ,धिशेषज्ञ सधमधि के सा परामशआ करने के पश्चाि् धनम्नधलधखि धनयम बनािी ह, ऄ ाआि् :-

7459 GI/2017

(1)

  • 2 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

  • 1. (1) आन धनयमों का संधषेप‍ि नाम कधिपय श्रम धिधियों के ऄिीन प्ररूपों और ररपोर्टों का सुव्यि्‍ ीकरन (संशोिन) धनयम, 2017 ह।

(2) ये राजपत्र में प्रकाशन की िारीख को प्रिृि होंगे। 2. श्रम धिधि के ऄिीन प्ररूपों और ररपोर्टों का सुव्यि्‍ ीकरन धनयम, 2017 में,- () धनयम 2 में, ईप-धनयम (1) में, धनम्नधलधखि परंिुक ऄंि-्‍ ाधपि दकया जाएगा, ऄ ाआि्:-

“पंरिु यह दक केन्द्रीय सरकार, अिेश द्वारा, आन धनयमों के सा संलग्न ऄनुसूची में धिधनर्दिष्ट और आस अिेश में धिधनर्दिष् र्ट कोइ प्ररूप, ईपरोि ऄधिधनयमनों और ईनके ऄिीन बनाए गए धनयमों के प्रयोजना आ श्रम और रोजगार मंत्रालय के श्रम सुधििा पोर्टआल पर ऑनलाआन िजआ करने की ऄपेषेपा कर सकिी ह ।”; (ख) ऄनुसूची में प्ररूप XII के पश्चाि्, धनम्नधलधखि प्ररूप ऄंि:्‍ ाधपि दकया जाए, ऄ ाआि्:-

[प्ररूप XIII] [िेका श्रम(धिधनयमन और ईत्सािन) केन्द्रीय धनयम, 1971 के धनयम 17(1); भिन और ऄन्द्य सधिमाआन

कमआकार(धनयोजन और सेिा-शिआ धिधनयमन) केन्द्रीय धनयम, 1998 के धनयम 23(1); ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) केन्द्रीय धनयम, 1980 के धनयम 3(1) के ऄिीन] िेका श्रम/प्रिासी कमआकारों/भिन कामगारों को धनयोधजि करने िाले ्‍ ापनों के रधज्‍रेशन हेिु अिेिन ्‍ ापन का ्‍यौरा

  • 1. ्‍ ापन का नाम और ऄिध्‍ धि

  • 2. ्‍ ापन का डाक पिा

  • 3. ्‍ ायी खािा संख्या(पेन)/माल और सेिा कर पहचान संख्यांक (जीएसर्टीअइएन)/श्रधमक पहचान संख्या(एलअइएन)

  • 4. प्रिान धनयोिा/धनयोिा* का पूरा नाम और पिा

  • 5. ्‍ ापन के पयआिेषेपन और धनयंत्रन के धलए ईत्तरिायी प्रबंिक या व्यधि का पूरा नाम और पिा।

  • 6. ्‍ ापन में दकए जा रहे कायआ/भिन एिं ऄन्द्य सधिमाआन कायआ* की प्रकृधि।

  • 7. ्‍ ापन में दकसी दिन धनयोधजि दकए जाने िाले कमआकारों/भिन कामगारों* की ऄधिकिम संख्या।

  • 8. भिन एिं ऄन्द्य सधिमाआन कायआ* के अरंभ की प्राक्कधलि िारीख।

  • 9. भिन एिं ऄन्द्य सधिमाआन कायआ* की समाधि की प्राक्कधलि िारीख।

िेकेिारों** का ्‍यौरा

क्र.

नाम

पीएएन/जीएसर्टीअइएन

मोबाआल सं.

-मेल अइडी

कायआ की

दकसी दिन

कायआ के अरंभ

कायआ पूनआ होने

सं.

और

/एलअइएन संख्या

प्रकृधि

धनयोधजि दकए

की

की

पिा

जाने िाले

ऄनुमाधनि

ऄनुमाधनि

कमआकारों की

िारीख

िारीख

ऄधिकिम संख्या

10. रधज्‍रीकरन फीस की रकम:

*जो लागू न हो ईसे कार्ट िें। **प्रिान धनयोिा द्वारा भरा जाए।

प्रिान धनयोिा/धनयोिा* के ह्‍िाषेपर

II (i)
II
(i)
II (i) 3

3

प्ररूपVIX-

एकीकृि िार्वषक धििरनी [िेका श्रम (धिधनयमन और ईत्सािन) केंरीय धनयम, 1971 के ‎‎धनयम 82(1); भिन और ऄन्द्य सधिमाआन कमआकार

(धनयोजन और सेिा-शिआ धिधनयमन) केंरीय धनयम 1998 के धनयम 242; ि ा ऄंिरराधययक प्रिासी कमआकार (धनयोजन का धिधनयमन और सेिा-शिआ) केंरीय धनयम, 1980 के ऄिीन] क्रम संख्या- : सािारन भाग:

()

्‍ ापन

का

नाम..................................................................................................................................... ्‍ ापन का पिा: गृह सं./फ्लर्ट सं.........................................गली/‍लॉर्ट

सं......................................................... ईपनगर............................धजला................................रायय........................धपनकोड........................... ............... () धनयोजक का नाम.................................................................................................................................. धनयोजक का पिा..........................................................................................................................................

गृह सं./फ्ल र्ट

सं.........................................गली/‍लॉर्ट

सं.........................................................

ईपनगर............................धजला................................रायय...........................धपनकोड........................ इमेल अइडी...................................................र्टेलीफोन सं...................................मो.सं....................................

() ्‍ ापन के पयआिेषेपन और धनयंत्रन में धलए ईत्ि रिायी प्रबंिक या व्य धक्ि का नाम .................................................................................................................................. पिा..........................................................................................................................................

गृह सं./फ्ल र्ट

सं.........................................गली/‍लॉर्ट

सं.........................................................

ईपनगर............................धजला................................रायय...........................धपनकोड....................... इमेल अइडी...................................................र्टेलीफोन सं...................................मो.सं.................................... क्रम संख्या II नीचे सारनी के ्‍िंभ (2) में ईधल्लधखि ऄधिधनयमों के ऄिीन धनयोजक का रधज्‍रीकरन/ऄनुज्ञधि संख्या:

क्रम

 

नाम

धज्‍रीकरन

दि हां, धज्‍रीकरन सं.

सं.

 

(1)

 

(2)

 

(3)

(4)

1.

भिन और ऄन्द्य सधिमाआन कमआकार (धनयोजन और सेिा-शिआ धिधनयम) धिधनयम, 1996 (1962 का 27)

     

2.

िेका

श्रम

(धिधनयमन

और

ईत्सािन)

     
  • 4 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

 

धिधनयम, 1970 (1970 का 37)

     

3.

ऄंिरराधययक प्रिासी कमआकार (धनयोजन का

     

धिधनयमन और सेिा-शिआ) धिधनयम, 1979 (1979 का 30)

4.

कमआचारी भधिष्य धनधि और प्रकीनआ ईपबंि ऄधिधनयम, 1952 (1952 का 19)

     

5.

कमआचारी रायय बीमा ऄधिधनयम, 1948 (1948 का 34)

     

6.

खान ऄधिधनयम, 1952 (1952 का 35)

     

7.

कारखाना ऄधिधनयम, 1948 (1948 का 63)

     

8.

मोर्टर पररिहन कमआकार ऄधिधनयम, 1961 (1961 का 27)

     

9.

िुकान और ्‍ ापन ऄधिधनयम (सम्बधन्द्िि ऄधिधनयम)

     

10.

ित्समय प्रिृत्त कोइ ऄन्द्य धिधि

     

क्र. सं. III प्रिान धनयोिा, िेकेिार और िेका श्रधमक के ्‍यौरे

1.

िेकेिार के ्‍ ापन के मामले में प्रिान धनयोजक का नाम

 

2.

्‍ ापन के प्रारंभ होने की िारीख

 

3.

िषआ के िौरान ्‍ ापन में लगे ुएए िेकेिारों की संख्या

 

4.

िषआ के िौरान कुल ‎‎दिनों की संख्या धजनको िेका श्रम धनयोधजि दकया गया ा

 

5.

िषआ के िौरान िेका श्रम द्वारा दकए गए कायआ के श्रम दििसों की कुल संख्या

 

6.

प्रबंिक ऄधभकिाआ (खानों के मामले में) का नाम

 

7.

पिा: गृह सं./फ्ल र्ट

गली/‍लॉर्ट सं.................

धजला.................................

धपनकोड.......................................................

इमेल

सं.......................

मो.सं..................................

क्र. सं. IX कायआ दििस और सिाह दििस:

1.

िषआ के िौरान कायआ दििसों की संख्या

 

2.

िषआ के िौरान कायआ दकए श्रमों- दििसों की संख्या

 

3.

कायआ के िधनक घण्र्टे

 
II (i)
II
(i)
II (i) 5

5

4.

धिश्राम का सािाधहक दििस

 

क्र.सं. X िषआ के िौरान दकसी दिन में धनयोधजि व्यधियों की ऄधिकिम संख्या:

क्र.सं.

पुुपष

स्त्री

दकशोर (14 िषआ से 18 िषआ के बीच)

बालक (14 िषआ की अयु से कम)

योग

           

क्र.सं. XI मजिूरी िर (प्रिगआिार):

प्रिगआ मजिूरी कमआकारों की संख्या की िर ‎धनय‎धमि िेका पुुपष स्त्री बालक ‎दकशोर पुुपष स्त्री बालक
प्रिगआ
मजिूरी
कमआकारों की संख्या
की िर
‎धनय‎धमि
िेका
पुुपष
स्त्री
बालक
‎दकशोर
पुुपष
स्त्री
बालक
‎दकशोर
ऄ‎धि कुशल
कुशल
ऄिआ कुशल
ऄकुशल
क्र.सं. XII (क) संिायों के ्‍यौरे:-
संित्त सकल मजिूरी
कर्टौिी
संित्त शुद्ध मजिूरी
नकि रूप में
ि्‍िु रूप में
जुमाआना
नुकसान
या
ऄन्द्य
नकि रूप में
ि्‍िु रूप में
हा‎धन के
‎धलए
कर्टौिी

() ऐसे कमआकारों की संख्या धजन्द्हें िषआ के िौरान मजिूरी सधहि छुट्टी प्रिान की गइ

:

क्र. सं.

िषआ के िौरान

कमआकारों की संख्या

मजिूरी सधहि छुट्टी मंजूर की गइ

       

क्र. सं. XIII कानूनी ्‍कीमों के ऄिीन प्रिान की गइ धिधभि कल्यानकारी सुख-सु‎‎धििाओं के ्‍यौरे:

क्र.सं.

प्रिान की गइ धिधभि कल्यानकारी सुख-सुधििाओं की प्रकृधि

कानूनी (ररधनयम धिधनर्दिष्ट करें)

     

क्रम सं. IV ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) ऄधिधनयम, 1979 (1979 का 30) ि ा ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) केन्द्रीय धनयम, 1980:

  • 6 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

िषआ के िौरान ्‍ ापन में काम करने िाले िेकेिारों की संख्या

कायआ या पररचालन की प्रकृधि धजसमें ऄंिरराधययक प्रिासी कमआकारों को धनयोधजि दकया गया

धनयोधजि ऄंिरराधययक प्रिासी कमआकारों की ऄधिकिम संख्या

िषआ के िौरान ईन दिनों की कुल संख्या धजनमें प्रिासी कमआकारों की धनयोधजि दकया गया ा

ऄंिरराधययक प्रिासी कमआकारों द्वारा काम दकए जाने के श्रम-दििसों की कुल संख्या

1.

2.

3.

4.

5.

सं .V भिन और ऄन्द्य सधिमाआन कमआकार धनयोजन)ि ा सेिा-शिआ धिधनयमन 1996 ,ऄधिधनयम (ि ा भिन एिं ऄन्द्य सधिमाआन कमआकार धनयोजन और)सेिा-शिआ का धिधनयमन1998 ,केन्द्रीय धनयम (:

िषआ के िौरान दकसी दिन धनयोधजि भिन कामगारों की ऄधिकिम संख्या

   

िषआ के िौरान ुएइ िुघआर्टनाओं की संख्या

   

(i)

ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप 48 घंर्टों से कम समय

   
 

के भीिर भिन कामगार ऄपंग ुएए (ii) आसमें शाधमल भिन कामगारों की संख्या

   
 

(iii)नष्ट ुएए श्रम-दििसों की संख्या

   

(i)

ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप 48 घंर्टों के बाि भिन

   

कामगार ऄपंग ुएए लेदकन धजनके पररनाम्‍िरूप कोइ ्‍ ायी अंधशक या ्‍ ायी पूनआ ऄपंगिा नहं ुएइ

 

(ii)

आसमें शाधमल भिन कामगारों की संख्या

   
 

(iii)

आन िुघआर्टनाओं के कारन नष्ट ुएए श्रम-दििसों की संख्या

   

(i)

ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप ्‍ ायी अंधशक या पूनआ

   

ऄपंगिा ुएइ

 

(ii)

आसमें शाधमल भिन कामगारों की संख्या

   
 

(iii) आन िुघआर्टनाओं के कारन नष्ट ुएए श्रम-दििसों की संख्या

   

ईन िुघआर्टनाओं की संख्या धजनसे पररनाम्‍िरूप भिन कामगारों की मृत्यु

   

ुएइ ि ा पररनामी मौिों की संख्या िारीखें िशाआिे ुएए रधज्‍रीकरन के अिेिन में रधज्‍रीकरन ऄधिकारी के समषेप प्र्‍िुि ्‍ ापन के प्रबंिन, आसकी ऄिध्‍ धि, या ऄन्द्य दकन्द्हं धििरनों में पररििआन, यदि कोइ हो

   

घोषना प्रमाधनि दकया जािा ह दक ईपरोि जानकारी सत्य और सही ह और मैं यह भी प्रमाधनि करिा हं दक मैंने ऄपने ्‍ ापन पर लागू श्रम धिधियों के सभी ईपबंिों का ऄनुपालन दकया ह।

्‍

ान.......................................

िारीख................................

करें........................................

यहां ह्‍िाषेपर

[ फा. सं. एस-16011/04/2017-एलड्‍ल्यू()(i)] राधजि पुनहानी, संयुि सधचि एिं महाधनिेशक (श्रम कल्यान)

II (i)
II
(i)
II (i) 7

7

रर्ट‍पन: धिपय श्रम धिधि के ऄिीन प्ररूपों और ‎‎ररपोर्टों का सुव्यि्‍ ीकरन धनयम, 2017 धिसूचना संख्या सा.का.‎‎धन.294(), िारीख 28 माचआ, 2017 द्वारा भारि के राजपत्र, ऄसािारन, भाग II, खण्ड 3, ईपखण्ड(i) में प्रकाधशि दकये गये े।

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th December, 2017

G.S.R. 1593(E).Whereas, a draft of certain rules to amend the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 was published vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 1333(E), dated the 27 th October, 2017, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas, the copies of the said Official Gazette were made available to the public on the 27 th October, 2017;

And whereas, no objections and suggestions were received from public on the said draft rules; Now, therefore, in exercise of the powers conferred by,-

  • (a) section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);

  • (b) section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); and

  • (c) section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), after consultation with the expert committee,

read with Chapter III of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:-

1. (1) These rules may be called the Rationalisation of Forms and Reports under Certain Labour Laws (Amendment) Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017,- (a) in rule 2, in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that the Central Government may, by order, require that such Forms specified in the

Schedule annexed to these rules and specified in that order shall be filed online on the Shram Suvidha Portal of the Ministry of Labour and Employment for the purposes of the aforesaid enactments and the

rules made thereunder.”;

  • (b) In the Schedule after Form XII, the following Forms shall be inserted, namely:-

FORM XIII [Under rule 17(1) of the Contract Labour (Regulation and Abolition) Central Rules,1971;

rule 23(1) of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of

Service) Central Rules, 1998; and rule 3(1) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980]

  • 8 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

APPLICATION FOR REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR OR MIGRANT WORKMEN OR BUILDING WORKERS

Details of Establishment

  • 1. Name and location of the establishment:

  • 2. Postal address of the establishment:

  • 3. Permanent Account Number (PAN)/ Goods and Services Tax Identification Number (GSTIN) /Labour

Identification Number (LIN):

  • 4. Full name and address of the Principal Employer/Employer*:

5.

Full

name and address

of the Manager

or person responsible for

supervision and control of the

establishment:

  • 6. Nature of work or building or the other construction work* carried on in the establishment:

  • 7. Maximum number of workmen or building workers* to be employed in the establishment on any day:

  • 8. Estimated date of commencement of building or other construction work*:

  • 9. Estimated date of completion of building or other construction work*:

Details of contractors**

Serial

Name

PAN/GSTIN/

Mobile

e-

Nature

Maximum

Estimated date

Estimated

Number

and

LIN Number

Number

mail

of

number of

of

date of

Address

ID

work

workmen

commencement

completion

to be

of work

of work

employed

on any

day.

                 

10. Amount of registration fee:

* Please strike off whichever is not applicable. ** To be filled in by the Principal Employer.

Signature of the Principal employer/Employer*

FORM-XIV UNIFIED ANNUAL RETURN

[Under rule 82(1) of the Contract Labour (Regulation and Abolition) Central Rules,1971; rule 242 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central Rules, 1998; and rule 56 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980]

S.No. I. General part:

(a) Name of the establishment __________________________________________

Address of the establishment: House no./Flat

No.

Town

______

District

_______

State

_____

__________ Pin Code

_____

Street/ Plot No ._____

II (i)
II
(i)
II (i) 9

9

(b) Name of the employer ______________________________________________

Address of the employer: House no./Flat No

District

State

Street/

.___________ Pin Code _____________________

Plot No

._____

Town

______

_______

________

E-mail ID

_______________

Telephone

Mobile

No

____________

.__________

(c) Name of the manager or person responsible for supervision and control of the establishment ____________________________________________________

Address:

House

No./Flat

No

.________________

Street/Plot

No

.__________

Town

______

District

State

Pin

Code

 

____________

__________

________________

 

E-mail ID ______________

Telephone

No

.__________

Mobile

No

._____________

 

S.No. II Employer’s registration and license number under the Acts mentioned in column (2) of the Table below:

S.No

Name

Registration

If yes (Registration No.)

(1)

(2)

(3)

(4)

1.

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996)

     

2.

Contract Labour (Regulation and Abolition) Act, 1970 (37 of

     

1970)

3.

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979)

     

4.

Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)

     

5.

Employees’ State Insurance Act, 1948 (34 of 1948)

     

6.

Mines Act, 1952 (35 of 1952)

     

7.

Factories Act, 1948 (63 of 1948)

     

8.

Motor Transport Workers Act, 1961 (27 of 1961)

     

9.

Shops and Establishments Act (Respective State Act).

     

10.

Any other law for the time being in force.

     

S. No. III Details of principal employer, contractor and contract labour:

1.

Name

of

the

principal

employer

in

the

case

of

a

 

contractor’s establishment.

 

2.

Date of commencement of the establishment.

   

3.

Number of contractors engaged in the establishment during the year.

 

4.

Total number of days during the year on which contract labour were employed.

 

5.

Total number of man-days worked by contract labour during the year.

 

6.

Name of the Manager Agent ( In case of mines).

   
  • 10 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

7. Address House No./Flat No .________ Street/Plot _________ Town _______ District _______ State Pin Code ______________
7.
Address House No./Flat No .________
Street/Plot
_________
Town
_______
District
_______
State
Pin
Code ______________
E-mail ID ____________
Telephone
Number
_______________
Mobile
Number ______________________
S. No. IV Working hours and week day:
1.
Number of working days during the year.
2.
Number of man-days worked during the year.
3.
Daily hours of work.
4.
Weekly day of rest.
S.No. V Maximum number of persons employed in any day during the year:
Sl.
Males
Females
Total
No.
Adolescents (between
the age of 14 to 18
years.)
Children
(below 14 years of age.)
S.No. VI Wage rates (Category wise):
Category
Rates of
Number of workers
Wages
Regular
Contract
Male
Female
Children
Adolescent
Male
Female
Children
Adolescent
Highly
Skilled
Skilled
Semi-
skilled
Un-
skilled
S.No.VII (a) Details of payments:
Gross wages paid
Deductions
Net wages paid
In cash
In kind
Fines
Deductions for damage
or loss
Others
In cash
In kind
II (i)
II
(i)
II (i) 11

11

(b) Number of workers who were granted leave with wages during the year:

Sl. No.

During the year

Number of workers

Granted leave with wages

       

S.No.VIII Details of various welfare amenities provided under the statutory schemes:

Sl.

Nature of various welfare amenities provided

Statutory (specify the statute)

No.

     

S.No. IX The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 (30 of 1979) and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980:

Number

of

Nature

of

work or

Maximum

number

Total

number

of

Total

number

of

Contractors

operation

in

which

of

inter-State

days

during

the

man-days

of

inter-

worked in the

inter-state migrant

migrant

workmen

year

on

which

State

migrant

establishment

workmen

 

were

employed

migrant

workmen

workmen worked

 

during the year

employed

 

were employed

   
 

(1)

 

(2)

(3)

 

(4)

 

(5)

No. X Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 (27 of 1996) Building and Other Construction Workers (Regulation of Employment and Condition of Service) Central Rules, 1998:

A

Maximum number of building workers employed on any day during the year

   

B

The number of accidents that took place during the year

     

C

(i) The number of accidents resulting in disablement of building workers for less than 48 hours

   

(ii)The number of building workers involved

     

(iii)The number of man-days lost

     

D

(i) The number of accidents resulting in disablement of building workers beyond 48 hours but not resulting in any

   

permanent partial or permanent total disablement

 

(ii) The number of building workers involved

     

(iii)The number of man-days lost on account of such accidents

   

E

(i) The number of accidents resulting in permanent partial or total disablement

   

(ii) The number of building workers involved

     

(iii)The number of man-days lost on account of such accidents.

   

F

The number of accidents resulting in deaths of building workers and the number of resultant deaths

   

G

Change, if any, in the management of the establishment, its location, or any other particulars furnished to the Registering Officer in the application for Registration indicating also the dates

   
  • 12 THE

GAZETTE

OF INDIA : EXTRAORDINARY

[PART IISEC. 3(i)]

DECLARATION

It is to certify that the above information is true and correct, and I also certify that I have complied with all the provisions of Labour Laws applicable to my establishment.

PLACE

________________

DATE

______________

SIGN. HERE

______________.

”.

[F. No. S-16011/04/2017-LW (A)(i)] RAJIT PUNHANI, Jt. Secy. &Director-Genl. (Labour Welfare)

Note: The Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 294(E),dated the 28 th March,2017.

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PUBLISHED BY AUTHORITY

la-

1036]

No. 1036]

ubZ fnYyh] 'kqØokj] fnlEcj 29] 2017@ikS"k 8] 1939

NEW DELHI, FRIDAY,

DECEMBER 29, 2017/PAUSHA 8, 1939

ममम और रोजगार मं

और रोजगार

और

रोजगार मं मं

और रोजगार मं ालय

ालय

ालय

ालय

अिधसूचना

अिधसूचना

अिधसूचना

अिधसूचना

नई ली, 29 दस र, 2017

सा.का.िन. 1594

सा.का.िन.

1594

सा.का.िन.

सा.का.िन.

1594(अ)

(अ).

1594()

()...

के राजप , असाधारण, भाग II, खंड 3, उप-खंड (i) कािशत भारत सरकार के

म और रोजगार मं ालय क अिधसूचना सं. सा.का.िन. 1334(अ), ारा तारीख 27 अ ूबर, 2017 को उन सभी ि

से, िजनके उससे