RATIONALISATION OF FORMS AND REPORTS UNDER CERTAIN LABOUR LAWS RULES, 2017
PREAMBLE
Whereas, for the ease of, and for the expedient compliance of the requirements of certain labour related laws referred to herein and for the purpose of rationalisation of forms and reports so as to provide trust based efficient public service delivery, it has become essential to frame separate rules;
And whereas, the intention to provide for combined and simplified forms and reports is to sub-serve the purposes, electronically or otherwise, of the said labour related laws and the rules made there under, wherein provisions have been made for use of such forms and reports;
And whereas, the combined and simplified forms and reports provided under these rules will facilitate ease of compliance and inspection, being as simple as possible and making the information provided there under easily accessible to the public thereby increasing transparency;
And whereas, making separate rules for the aforementioned purpose will benefit making use of the forms and reports provided under different labour related laws simple, which will serve public purpose in a better way;
And whereas, to achieve the aforementioned purposes, the draft rules, namely, the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 were published vide notification of the Government of India in the Ministry of Labour and Employment, number G.S.R. 116(E), dated, the 9th February, 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 9th February, 2017;
And whereas, no objections and suggestions were received from public on the said draft rules;
Now, therefore, to achieve the aforementioned purposes, the Central Government, 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), consultation with the expert committee; read with Chapter III of the Information Technology Act, 2000 (21 of 2000), hereby makes the following rules, namely:-
Rule 1 - Short title and commencement
(1) These rules may be called the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 - Maintenance of Forms under certain labour related laws
(1) Notwithstanding anything contained in any rules made under -
(i) the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
(ii) the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979); and
(iii) the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), the Forms specified in the Schedule annexed to these rules shall be maintained either electronically or otherwise and used for the purposes of the aforesaid enactments and the rules made there under, as specified therein.
1[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.]
(2) If the Forms referred to in sub-rule (1) are required for inspection by the concerned Inspector appointed under any of the enactments referred to in the said sub-rule, the concerned persons shall make available such Forms or provide the necessary particulars for the purposes of accessing the information, as the case may be.
Rule 3 - Amendment of certain rules
The following rules shall be amended, except as respects things done or omitted to be done before such amendment, in the manner specified below, namely:-
(i) in the Contract Labour (Regulation and Abolition) Central Rules, 1971,-
(A) in rule 18,-
(a) in sub-rule (1), for the words and figures ?in Form II?, the words and figures ?in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in sub-rule (2), in clause (a), the words ?and address? shall be omitted;
(B) in rule 21,-
(a) in sub-rule (1), for the words and figures ?in Form IV?, the words and figures ?in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in sub-rule (2), for the words and figure ?in Form V?, the words and figures ? in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(C) in rule 24, in sub-rule (1A), for the words, figure and letter ?in Form VA?, the words and figures ?in Form V annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(D) in rule 25,-
(a) in sub-rule (1), for the words and figures ?in Form VI?, the words and figures ?in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in sub-rule (2),-
(I) in clause (iv), after the words ?settlement or award?, the words ? or by the appropriate Government? shall be inserted;
(II) in clause (viii), for the words, figures and letter ?in Form VIA?, the words and figures ?in Form VII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(E) in rule 29, in sub-rule (2), for the words and figures ?in Form VII?, the words and figures ?in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(F) rule 32 shall be omitted;
(G) in rule 76, in clause (i), for the words and figures ?in Form XIV?, the words and figures ?in Form XII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(H) in rule 77, for the words and figures ?in Form XV?, the words and figures ?in Form VIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(I) in rule 81, in sub-rule (3), for the words, figures and letter ?in Form VI B?, the words and figures ?in Form VII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted; and
(J) Forms II, IV, V, VA, VI, VIA, VIB, VII, VIII, IX, X, XI, XIV and Form XV shall be omitted;
(ii) in the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980,-
(A) in rule 4, in sub-rule (1), for the words and figures ?in Form II?, the words and figures ?in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(B) in rule 7,-
(a) in sub-rule (1), for the words and figures ?in Form IV?, the words and figures ?in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in sub-rule (2), for the words and figure ?in Form V?, the words and figures ?in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(c) in sub-rule (3), in clause (i), for the words and figures ?in Form IV?, the words and figures ?in Form III annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(C) in rule 10, in sub-rule (3), for the words and figures ?in Form VII?, the words and figures ?in Form V annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(D) in rule 11,-
(a) in sub-rule (1), for the words and figures ?in Form VIII?, the words and figures ?in Form VI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in sub-rule (2), in clause (v), after the words ?settlement or award?, the words ? or by the appropriate Government? shall be inserted;
(E) in rule 14, in sub-rule (2), for the words and figures ?in Form IX?, the words and figures ?in Form II annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(F) in rule 21, in sub-rule (1), for the words and figure ?in Form X?, the words and figures ?in Form X annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(G) in rule 24, for the words and figures ?in Form XI?, the words and figures ?in Form X annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(H) in rule 50, for the words and figures ?in Form XIV?, the words and figures, ?in Form VIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted; and
(I) Forms II, IV, V, VI, VII, VIII, IX, X, XI and Form XIV shall be omitted;
(iii) in the Building and Other Construction Workers? (Regulation of Employment and Conditions of Service) Central Rules, 1998,-
(A) in rule 24, in sub-rule (1), for the words and figures ?in Form II annexed to these rules?, the words and figures ?in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(B) in rule 26, in sub-rule (3), for the words and figures ?in Form IV annexed to these rules?, the words and figures ?in Form VII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(C) in rule 74, in sub-rule (b),-
(a) in clause (i),-
(I) in sub-clause (a), for the words and figure ?in Form V annexed to these rules?, the words and figures ?in Form IV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(II) in sub-clause (b), for the words and figures ?in Form VI annexed to these rules?, the words and figures ?in Form IV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(b) in clause (ii), for the words and figures ?in Form VII annexed to these rules?, the words and figures ?in Form IV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(c) in clause (iii), for the words and figures ?in Form VIII annexed to these rules?, the words and figures ?in Form IV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(d) in clause (iv), for the words and figures ?in Form IX annexed to these rules?, the words and figures ?in Form IV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(D) in rule 210, in sub-rule (7), for the words and figures ?in Form XIV?, the words and figures ?in Form XI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(E) in rule 223, in clause (c), for the words and figures ?in Form XI annexed to these rules?, the words and figures ?in Form IX annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(F) in rule 230, in clause (a), for the words and figures ?in Form XIII annexed to these rules?, the words and figures ?in Form XI annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(G) in rule 239, in sub-rule (1), for the words and figures ?in Form IV annexed to these rules?, the words and figures ?in Form VII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted;
(H) in rule 241, in sub-rule (2), in clause (b), for the words and figures ?in Form XXIV annexed to these rules?, the words and figures ?in Form VIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017? shall be substituted; and
(I) Forms II, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV and Form XXIV shall be omitted.
1. Inserted by the Rationalisation of Forms and Reports under Certain Labour Laws (Amendment) Rules, 2017 Vide Notification No. GSR1593(E) Dated 29.12.2017.
