Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018

Nov 28, 2018 | by Avantis RegTech Legal Research Team

A |  A

The Central Government had published draft rules to further amend the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980, vide G.S.R. 830 (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 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018 to amend the Principal Rules in the following manner namely:

Sub-rule

Earlier Provision

Amended Provision

Rule 3:  Manner of making application for registration of establishments

Rule 3(1)

The application for registration of an establishment shall be made in triplicate in Form I to the registering officer of the area in which the establishment sought to be registered is located.

 

The application for registration of an establishment shall be made in Form I online on the Shram Suvidha Portal of the Ministry of Labour and Employment in the Government of India.

Rule 3(2)

The application shall be accompanied by a crossed 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 3(3)

The application shall be either personally delivered to the registering officer or sent to him by registered post.

 

Omitted.

 

Rule 3(4)

On receipt of the application the registering officer shall after noting thereon the date of receipt by him of the application give an acknowledgement to the applicant.

 

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

Rule 4: Issue of certificate of registration

Rule 4(1)

Where the registering officer registers the establishment he shall issue to the principal employer a certificate of registration in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

 

The certificate of registration issued under sub-section (2) of section 4 shall be generated electronically in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 and shall be made available to the applicant online.

 

Rule 4(3)

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 3 within thirty days from the date when such change takes place the particulars of and the reasons for such change.

Rule 5: Circumstances in which application for registration may be rejected

Rule 5(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 6:Amendment of certificate of registration

Rule 6(1)

Where on receipt of the intimation under sub-rule (3) of rule 4 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 deposit 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 (3) of rule 4 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 deposit 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 7: Application for licence

Rule 7(1)

Every application by a contractor for the grant of a licence for recruiting a person under clause (a) of sub-section (1) of section 8 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 having jurisdiction in relation to the area wherein recruitment is made.

Every application by a contractor for the grant of a licence for recruiting a person under clause (a) of sub-section (1) of section 8 shall be made online on the web-portal specified in sub rule (1) of rule 3 in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Rule 7(2)

Every application by a contractor for employing a migrant workman under clause (b) of sub-section (1) of section 8 shall be made in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the licensing officer having jurisdiction in relation to the area wherein the establishment is situated.

Every application by a contractor for employing a migrant workman under clause (b) of sub-section (1) of section 8 shall be made online on the web-portal specified in sub-rule (1) of rule 3 in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Rule 7(3)(i)

(i) Every application for the grant of a licence under sub-rule (1) shall be accompanied by a certificate of the principal employer in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the effect that he undertakes to be bound by all the provisions of the Act and the Rules made thereunder so far as they are applicable to him in respect of the recruitment or employment of the migrant workmen in respect of which the contractor is making the application.

(i) Every application for the grant of a licence under sub-rule (1) shall be accompanied by uploading a copy of the certificate of the principal employer in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 to the effect that he undertakes to be bound by all the provisions of the Act and the Rules made thereunder so far as they are applicable to him in respect of the recruitment or employment of the migrant workmen in respect of which the contractor is making the application.

Rule 7(3) (ii)

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

Omitted.

Rule 7(4)

On receipt of the application referred to in sub-rule (1) or sub-rule (2) the licensing officer concerned shall after noting thereon the date of receipt of the application grant an acknowledgement to the applicant.

On e-submission of the application referred to in sub-rule (1) or sub-rule (2) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in sub-rule (1) of rule 3.

Rule 7(5)

Every application referred to in sub-rule (1) shall also be accompanied by the receipt obtained as required by rule 20.

The deposit of security referred to in rule 10 and the payment of fees at the rates specified in rule 12 for application referred to in sub-rule (1) or sub-rule (2) shall be made by e-payment.

Rule 9: Refusal to issue licence

Rule 9(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 3.

Rule 10: Security

Rule 10(2)

The Licensing Officer shall determine the amount of the security to be furnished by such person after considering the solvency of such person not exceeding 40 per cent of the amount estimated by him in accordance with sub-rule (1) above.

The Licensing Officer shall determine the amount of the security to be furnished by such person by e-payment after considering the solvency of such person not exceeding 40 per cent of the amount estimated by him in accordance with sub-rule (1) above.

Rule 10(3)

Where the applicant for the licence was holding a licence in regard to another work and that licence had expired the licensing officer if he is of the view that any amount of the security if any deposited in respect of that licence is to be refunded to the applicant under rule 17 he 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 if any required to be deposited in respect of the application for the new licence and the applicant need deposit is 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 licence had expired the licensing officer if he is of the view that any amount of the security if any deposited in respect of that licence is to be refunded to the applicant under rule 17 he 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 if any required to be deposited in respect of the application for the new licence and the applicant need deposit is such a case only the balance amount by e-payment if any after making such adjustment.

Rule 11: Forms and terms and conditions of licence

Rule 11(1)

Every licence issued under sub-section (1) of section 8 shall be in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Every licence issued under sub-section (1) of section 8 shall be generated electronically in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.

Rule 13: Amendment of the licence

Rule 13(2)

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

The contractor who desires to have the licence amended shall submit to the licensing officer online on the web portal specified in sub-rule (1) of rule 3 an application stating the nature of amendment and reasons therefor.

Rule 13(3)(i)

If the licensing officer allows the application he shall require the applicant to furnish a crossed 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 fee originally paid for the licence.

If the licensing officer allows the application he shall require the applicant to furnish by e- payment 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 fee originally paid for the licence.

Rule 13(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 3.

Rule 14: Renewal of licence

Rule 14(1)

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

 

Every contractor shall apply online on the web-portal specified in sub-rule (1) of rule 3 for renewal of the licence.

 

Rule 14(2)

The 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 issued.

The 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 issued.

Rule 20: Payment of fees and security deposits

Rule 20

(1) The payment of the various fees relating to registration licensing and security deposits shall be made through a crossed Demand Draft drawn in favour of the concerned departmental officer and payable at the station at which he is stationed along with a Treasury Challan duly filled in indicating the relevant head of account creditable to the accounts of the concerned Pay and Accounts Office.

 

(2) The heads of accounts under which the receipts relating to the fees for registration licensing and appeals etc. shall be credited will be "B-Non-Tax Revenue 087 Labour and Employment-Receipts under the Inter-State Migrant Workmen (Regulation and Conditions of Service) Central Rules 1980". The Security deposits are to be booked under the head "Deposits Advances-(b) -- Deposits not bearing interest 843-Civil Deposits-Security Deposits".

Omitted.

 

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) 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. 1126(E)] [Page 9]

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


Bookmark

Related Updates



Alternate Text

Get updates on the go on RuleZbook Mobile App.