Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018

Nov 27, 2018 | by Avantis RegTech Legal Research Team

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The Central Government had published draft rules to further amend the Contract Labour (Regulation and Abolition) Central Rules, 1971, vide G.S.R. 829 (E), dated September 04, 2018, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of 30 days from the date on which the copies of the Official Gazette containing the said notification were made available to the public.

Now, the Central Government has made the Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018 to amend the Contract Labour (Regulation and Abolition) Central Rules, 1971, in the following manner namely:

Sub-rule

Earlier Provision

Amended Provision

Rule 17: Manner of making application for registration of establishments

Rule 17(1)

The application referred to in sub-section (1) of section 7 shall be made in triplicate in Form XIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the registering officer of the area in which the establishment sought to be registered is located.

The application referred to in sub-section (1) of section 7 shall be made in Form XIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 online on the Shram Suvidha Portal of the Ministry of Labour and Employment in the Government of India.

Rule 17(2)

The application referred to in sub-rule (1) shall be accompanied by a demand draft showing payment of the fees for the registration of the establishment.

The payment of fees for the registration of the establishment referred to in sub-rule (1) shall be made by e-payment.

Rule 17(3)

Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or sent to him by registered post

Omitted

Rule 17(4)

On receipt of the application referred to in sub-rule (1), the registration officer shall, after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant.

On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in the said sub-rule.

Rule 18: Grant of certificate of registration

Rule 18(1)

The certificate of registration granted under sub-section (2) of Section 7 shall be in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

The certificate of registration granted under sub-section (2) of section 7 generated electronically on the web-portal shall be in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Rule 18(4)

If, in relation to an establishment, there is any change, in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

If, in relation to an establishment, there is any change, in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate online on the web-portal specified in sub-rule (1) of rule 17, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

Rule 19: Circumstances in which application for registration may be rejected

Rule 19(1)

If any application for registration is not complete in all respects, the registering officer shall require the principal employer to amend the application so as to make it complete in all respects.

If any application for registration is not complete in all respects, the registering officer shall require the principal employer to amend the application so as to make it complete in all respects, then, by recording his observations online.

Rule 20: Amendment of certificate of registration

Rule 20(1)

Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to pay a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the demand draft showing such deposit.

Where, on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to pay by e-payment a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment.

Rule 21: Application for a licence

Rule 21(1)

Every application by a contractor for the grant of a licence shall be made in triplicate in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017, to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located.

Every application by a contractor for the grant of a licence shall be made online on the web-portal specified in sub-rule (1) of rule 17 in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Rule 21(2)

Every application for the grant of a licence shall be accompanied by a certificate by the principal employer  in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder insofar as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

Every application for the grant of a licence shall be accompanied by uploading a copy of the certificate by the principal employer in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

Rule 21(3)

Every such application shall be either personally delivered to the licensing officer or sent to him by registered post.

Omitted

Rule 21(4)

On receipt of the application referred to in sub-rule (1), the licensing officer shall, after noting thereon the date of receipt of the application, grant an acknowledgment to the applicant.

On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in sub-rule (1) of rule 17.

Rule 21(4)

Every application referred to in sub-rule (1) shall also be accompanied by a demand draft showing

(i)     the deposit of the security at the rates specified in Rule 24, and

(ii)    the payment of the fees at the rates specified in Rule 26.

The deposit of security at the rates specified in rule 24 and the payment of fees at the rates specified in rule 26 in respect of application referred to in sub-rule (1) shall be made by e-payment

Rule 23: Refusal to grant licence

Rule 23(2)(ii)

The order shall record the reasons for the refusal and shall be communicated to the applicant.

The order shall record the reasons for the refusal and shall be communicated to the applicant online through the web-portal specified in sub-rule (1) of rule 17.

Rule 24: Security

Rule 24(1)

Before a licence is issued, an amount calculated at the rate of Rs. 90 for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.

Before a licence is issued, an amount calculated at the rate of Rs. 90 for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by e-payment by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.

Rule 24(1A)

Where the applicant for the licence was holding a licence in regard to another work and that licences had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under Rule 31, may, on an application made for that purpose in Form V annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.

Where the applicant for the licence was holding a licence in regard to another work and that licences had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under Rule 31, may, on an online application made for that purpose in Form V annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount by e-payment, if any, after making such adjustment.

Rule 24(2)

The amount of security, or the balance amount, required to be deposited under sub-rule (1) or, as the case may be, under sub-rule (1A) shall be paid in the local treasury under the Head of Account "Section T—Deposits and Advances—Part II Deposits not bearing interest—(c) other Deposit Accounts— Departmental and Judicial Deposits—Civil—Deposits, under Contract Labour (Regulation and Abolition) Act, 1970 (Central).

Omitted.

Rule 25: Forms and terms and conditions of licence

Rule 25(1)

Every licence granted under sub-section (1) of Section 12 shall be in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017

Every licence granted under sub-section (1) of Section 12 shall be generated electronically in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017

Rule 28: Amendment of the licence

Rule 28(2)

The contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of the amendment and reasons therefor.

The contractor who desires to have the licence amended shall submit online on the web portal specified in sub-rule (1) of rule 17 an application stating the nature of the amendment and reasons therefor.

Rule 28(3)(i)

If the licensing officer allows the application he shall require the applicant to furnish a demand draft for the amount, if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence.

If the licensing officer allows the application he shall require the applicant to furnish by e-payment the amount, if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence.

Rule 28(3)(ii)

On the applicant furnishing the requisite demand draft the licence shall be amended according to the orders of the licensing officer.

On payment of the requisite amount by the applicant the licence shall be amended according to the orders of the licensing officer.

Rule 28(4)

Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant online through the web portal specified in sub-rule (1) of rule 17.

Rule 29: Renewal of licence

Rule 29(1)

Every contractor shall apply to the licensing officer for renewal of the licence.

Every contractor shall apply to the licensing officer online on the web portal specified in sub-rule (1) of rule 17 for renewal of the licence.

 

Rule 29(2)

Every such application shall be in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.

Every such application shall be in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.

Rule 38: Payment of Fees

Rule 38

(1) All amounts of money payable on account of security deposit, registration fees, licence fee, appeal, supply of duplicate copies of registration certificates and in terms of any other provisions of the Act and rules shall be paid through a crossed demand draft drawn in favour of the officers as shown in Annexure 'A', and made payable at branch of the Union Bank of India at the headquarters of the officers specified in column (3) of the said Annexure. All such demand drafts shall be accompanied by a challan in Form No. TR-6 (in triplicate) indicating the details of payments, etc.

(2) The licensing officer, the registering officer or the Appellate Authority, as the case may be, on receipt of the demand draft from the party shall arrange to deposit the amount in the appropriate account in the Bank with which he, in his capacity as Regional Labour Commissioner/Assistant Labour Commissioner (Central) as Drawing and Disbursing Officer has an account. The Assistant Labour Commissioner (Central), Delhi, shall deposit the demand draft in the Union Bank of India, Extension Centre, Shram Shakti Bhavan, Rafi Marg, New Delhi, in the Account of "Pay and Accounts Officer," Chief Labour Commissioner New Delhi.

(3) The payments received by the officers specified in the said Annexure by way of demand drafts shall be deposited in the relevant heads of accounts.

Omitted

 

The Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018 shall come into force on the date of their publication in the Official Gazette, that is on November 16, 2018.

 [G.S.R. 1125(E)]

 

URL: http://www.egazette.nic.in/WriteReadData/2018/193058.pdf


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