Draft Central Labour Laws (Amendment) Rules, 2018

The Central Government proposes to make certain amendments to the following rules:

(i)                 the Payment of Wages (Mines) Rules, 1956, the Payment of Wages (Railways) Rules, 1938 and the Payment of Wages (Air Transport Services) Rules, 1968,

(ii)               the Minimum Wages (Central) Rules, 1950,

(iii)             the Maternity Benefit (Mines and Circus) Rules, 1963,

(iv)              the Payment of Bonus Rules, 1975, and

(v)                the Industrial Dispute (Central) Rules, 1957.

The Draft Central Labour Laws (Amendment) Rules, 2018 have been published, for the information of all the persons likely to be affected thereby, and the said draft rules shall be taken into consideration by the Central Government after expiry of the period of 3 months from the date on which the copies of the Official Gazette in which this notification is published, are made available to the public.

The amendments made are as follows:

1.       In the Payment of Wages (Mines) Rules, 1956, for rule 18, the following rule shall be substituted, namely:-

‘18. Annual Returns.- Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form V on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’.

2.      In the Payment of Wages (Railways) Rules, 1938, for rule 17, the following rule shall be substituted, namely:-

‘17. Annual Returns.- Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form III on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year: Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’.

3.       In the Payment of Wages (Air Transport Services) Rules, 1968, for rule 16, the following rule shall be substituted, namely:-

‘16. Annual Returns.- Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form VIII on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’.

4.      In the Minimum Wages (Central) Rules, 1950,-

(a) in rule 21, for sub-rule (4A), the following sub-rule shall be substituted, namely:-

‘(4A) Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form III on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’;

(b) in Form III, for the word, figures, brackets and letter “Rule 21(4A)(1)”, the word, figures, brackets and letter “Rule 21(4A)” shall be substituted.

5.       In the Maternity Benefit (Mines and Circus) Rules, 1963, for rule 16, the following rule shall be substituted, namely:-

‘16. Annual returns.-

(1) The employer of every mine or circus shall, on or before the 1st day of February in each year upload a unified annual return in form X online on the web portal of the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form.

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Ministry of Labour and Employment, a further unified return in form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.’.

6.      In the Payment of Bonus Rules, 1975, for rule 5, the following rule shall be substituted, namely:-

‘5. Annual Returns.- Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form D on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’.

7.       In the Industrial Dispute (Central) Rules, 1957, for rule 56A, the following rule shall be substituted, namely:-

‘56A. Annual Returns.- Every employer shall on or before the 1st day of February in each year upload unified annual returns in Form G1 on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000.’.

Objections or suggestions, if any, may be addressed to Shri J.K. Singh, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No. 17, Shram Shakti Bhawan, Rafi Marg, New Delhi – 110001.

The objections or suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government.

[G.S.R. 413(E)]

URL: http://www.egazette.nic.in/WriteReadData/2018/185054.pdf