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Puducherry Gazette · Government of Puducherry

Draft RulesPuducherry Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Amendment Rules, 2019.

Published 13 November 2019

Department
LABOUR DEPARTMENT
Type
Extraordinary
Gazette no.
56
Part
II
Category
NOTIFICATION
Identifier
in.gazette.puducherry.2019-11-13.extraordinary-ii-issue-56
Languages
English, Tamil, French
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No. Puducherry Wednesday 13th November 2019

(22 Kartika 1941)

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 12/AIL/Lab./G/2019, Puducherry, dated 11th November 2019)

NOTIFICATION

The Draft of the following rules further to amend the Puducherry Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2001, which the Lieutenant-Governor, Puducherry has proposed to make in exercise of the powers conferred under section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996), is hereby published as required under sub-section (1) of section 62 of the said Act for information of all persons likely to be

[695] 696 LA GAZETTE DE L'ETAT [PART–II

affected thereby and notice is hereby given that the said Draft Rules will be taken into consideration on the expiry of forty-five days from

the date of publication of this notification in the Official Gazette.

2. Objection or suggestion which may be received from any person

by the Government of Puducherry in respect of the said Draft Rules within the period specified above will be considered by the Government.

3. Objections or suggestions shall be addressed to the Secretary

to Government, Labour Department, Puducherry.

Draft Rules

1. Short title and commencement.— (1) These rules may be called

the Puducherry Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Amendment Rules, 2019.

(2) They shall come into force on and from the date of their

publication in the Official Gazette.

2. Amendment of rule 23.— (1) In the Puducherry Building and Other Construction Workers (Regulation of Employment and Conditions

of Service) Rules, 2001, (hereinafter referred to as the said rules), for sub-rule (1) of rule 23, the following shall be substituted namely:-

"(1) The application referred to in sub-section (1) of section 7 of the Act shall be made in Form- I, through the on-line portal of the

Labour Department, Puducherry".

(2) In the said rules, for sub-rule (2) of rule 23, the following

shall be substituted, namely:-

"(2) The fees shall be paid by on-line payment through the

on-line portal of Government of Puducherry under the relevant head of Account viz., 00-0230-00-800-01-00-01-Labour and

Employment, Other Receipts, Collection Registration fees building construction workers, for the registration of the

establishment."

(3) In the said rules, the sub-rule (3) of Rule 23 shall be

deleted.

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PART–II] LA GAZETTE DE L'ETAT

(4) In the said rules, the sub-rule (4) of rule 23 shall be

re-numbered as sub-rule (3).

3. Amendment to rule 25.— (1) In the said rules, in sub-rule (2) of rule 25, after the expression "the change which has occurred", the expression "through the on-line portal of the Labour Department, Puducherry" shall be inserted.

(2) In the said sub-rule of rule (25), in the proviso clause, the

following shall be substituted, as follows:-

"Provided that the Registering Officer shall not carry out any amendment in the register in Form-II through the on-line portal of the Labour Department, Puducherry, unless the appropriate fees have been paid by the employer by on-line payment through the on-line portal of Government of Puducherry under the relevant head of Account viz., 00-0230-00-800-01-00-01- Labour and Employment, Other Receipts, Collection Registration fees building construction workers".

4. Amendment to rule 26.— (1) In the said rules, in sub-rule (3) of

rule 26, the word "written", shall be deleted.

(2) After the expression "Form- IV", the expression "through the on-line portal of the Labour Department, Puducherry" shall be inserted.

5. Amendment to rule 27.— In the said rules for rule 27, the

following shall be substituted, namely:-

"27. The fees to be paid by on-line payment through the on-line portal of Government of Puducherry under the relevant head of Account viz., 00-0230-00-800-0l-00-01-Labour and Employment, Other Receipts, Collection Registration fees building construction workers, for grant of a certificate of registration under rule 24".

6. Amendment to rule 243.— (1) In the said rules, for the expression, "shall send annually a return relating to such establishment in duplicate in Form XXV annexed to these rules" the expression "shall submit the Combined Annual Return in Form XXV under these rules, through on-line portal of the Labour Department, Puducherry" shall be substituted.

698 LA GAZETTE DE L'ETAT [PART–II

(2) In the said rules, for the Form XXV, the following Form shall

be substituted, namely:-

FORM XXV

(See rule 243)

COMBINED ANNUAL RETURN OF EMPLOYER

(TO BE SENT TO THE REGISTERING OFFICER)

Year ending 31st

December................

1 Full name and full address of the establishment of the building and other construction work (Place, Post Office, District)
2 Name and permanent address of the establishment
3 Name and address of the employer
4 Nature of building and other construction work carried on
5 Full name of the Manager or person responsible for supervision and control of the establishment
6 Number of building workers ordinarily employed
7 Total number of days during the year on which building workers were employed
8 Total number of man-days worked by building workers during the year
9 Maximum number of building workers employed on any day during the year
10 The number of accident(s) that took place during the year as under (a) The total number of accidents

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PART–II] LA GAZETTE DE L'ETAT

(b) The number of accidents resulting in disablement of building workers for less than 48 hours, the number of building workers involved and the number of mandays lost. (c) T h e n u m b e r o f a c c i d e n t s r e s u l t i n g i n disablement of building workers beyond 48 hours but not resulting in any permanent partial or permanent total disablement, the number of building workers involved, and the number of mandays lost on account of such accidents. (d) The number of accidents resulting in permanent partial or total disablement, the number of building workers involved and the number of mandays lost on account of such accidents. (e) The number of accidents resulting in death o f b u il d i ng wo r ke r s an d th e nu mb er o f resultant deaths.

The Chief Inspector or Inspectors appointed by the Government

under the Act shall direct the owners of establishments registered under

this Act, to send the copies of Annual Returns submitted by the

employers of registered establishment in respect of the Government to

the Chief Inspectors of Building and Other Construction Work of

Inspections by virtue of provisions of section 60 of the Act.

The Chief Inspector or Inspectors appointed under this Act by the

Government shall direct the owners of such establishments as are

registered under this Act by registering officers appointed by the

Government to send copies of the Annual Returns to the Director-General

by virtue of provisions of section 60 of the Act.

11. 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.

700 LA GAZETTE DE L'ETAT [PART–II

12. (i) Particulars of Maternity Benefits:

No. of employees received Total amount paid
Miscarriage
Confinement
Illness
Medical Bonus
Total
(ii) Number of women who gave notice under section 6 of the Maternity Benefit Act, 1961:
(iii) Number of women who were granted permission to absent on receipt of notice of confinement:
(iv) C l a i m s f o r m a t e r n i t y b e n e f i t rejected: Number Amount not paid
(v) Claims for medical bonus rejected: Number Amount not paid
(vi) Cases in which leave for miscarriage was applied for but was rejected: Number Amount not paid
(vii) Cases in which additional leave for illness under section 10 was applied for, but, was rejected: Number Amount not paid
(viii) C a s e s i n wh i c h p a ym e n t wa s made to persons other than the woman concerned: Number Amount not paid
(ix) Wo men d ep r i ve d o f ma te r n it y b e n e f i t a n d o r me d i c a l b o n u s under proviso to sub-section (2) o f section 12 of the Mater nity Benefit Act, 1961: Number Amount not paid
(x) Cases in which payment was made o n th e o r d e r o f th e Ap p e ll at e Authority or Inspector: Number Amount not paid
(xi) Number of cases where prenatal confinement and postnatal care was provided by the Management free of charge under section 18 of the Maternity Benefit Act, 1961:

701

PART–II] LA GAZETTE DE L'ETAT

13. (i) Particulars of deductions made from salary in respect of

persons whose wages are not more than the wages specified by Central

Government under sub-section (6) of section 1 of the Payment of Wages

Act, 1936 (Central Act 4 of 1936):-

Number of employees involved Total amount of deductions made
Fines
Damages/Loss
Breach of Contract
Others
Total

(ii) Details of number of persons earning not more than the

wages specified by Central Government under section 6 of the Payment

of Wages Act, 1936 (Central Act 4 of 1936):-

Men:

Women:

Adolescent:

(iii) Details of money value concession paid (in Rupees):

(iv) Total wages including deductions under sub-section (2) of

section 7 of the Payment of Wages Act, 1936 (Central Act 4 of 1936):-

Basic wages allowance Dearness Over Non-profit time sharing bonus Other allowances in cash Arrears of pay Total in respect of previous year paid during the year.

(v) Total cash value of the wages paid in kind:

702 LA GAZETTE DE L'ETAT [PART–II

14. Payment of Bonus paid for the accounting year:

Number of employees Percentage of Total amount Date of

eligible for Bonus Bonus declared of Bonus paid payment

Name and addresses of contractors Period of contract Nature of work Number of days worked Number of mandays worked Maximum number of workers employed by each contractor

16. Inter-state Migrant Workmen:

Name and address of the contractors
Period of contract
Nature of work
Maximum number of migrant workmen employed by each contractor
Number of days worked
Number of mandays worked

Place:

Date:

Employer

(By order of the Lieutenant-Governor)

E. VALLAVAN,

Additional Secretary to Government (Labour).

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PART–II] LA GAZETTE DE L'ETAT

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 13/AIL/Lab./G/2019, Puducherry, dated 11th November 2019)

NOTIFICATION

The Draft of the following rules further to amend the Puducherry Contract Labour (Regulation and Abolition) Rules, 1973, which the Lieutenant-Governor, Puducherry, has proposed to make in exercise of the powers conferred under section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970), is hereby published as required under sub-section (1) of section 35 of the said Act for information of all persons likely to be affected thereby and notice is hereby given that the said Draft rules will be taken into consideration on the expiry of forty-five days from the date of publication of this notification in the Official Gazette.

2. Objection or suggestion which may be received from any person by the Government of Puducherry in respect of the said Draft rules within the period specified above will be considered by the Government.

3. Objections or suggestions shall be addressed to the Secretary

to Government, Labour Department, Puducherry.

Draft Rules

1. Short title and commencement.— (1) These rules may be called the Puducherry Contract Labour (Regulation and Abolition) Amendment Rules, 2019.

(2) These rules shall extend to the whole of the Union territory

of Puducherry.

(3) They shall come into force on and from the date of their

publication in the Official Gazette of Government of Puducherry.

2. Amendment of rule 17.— (a) In the Puducherry Contract Labour (Regulation and Abolition) Rules, 1973, (hereinafter referred to as the said rules), in sub-rule (1) of rule 17, after the expression 'shall be made', the expression, "through the on-line portal of the Labour Department, Puducherry" shall be inserted and the words 'in triplicate' shall be deleted.

704 LA GAZETTE DE L'ETAT [PART–II

(b) in sub-rule (2), after the expression, "by a treasury receipt",

the expression "or by on-line payment through the on-line portal of

Government of Puducherry", shall be inserted.

3. Amendment to rule 18.— (a) In the said rules, in sub-rule (1) of

rule 18, after the expression "granted", the expression, "through the

on-line portal of the Labour Department, Puducherry" shall be inserted.

(b) In the said rules, in sub-rule (3) of rule 18, after the expression

'register', the expression "through the on-line portal of the Labour

Department, Puducherry" shall be inserted.

4. Amendment to rule 21.— (a) In the said rules, in sub-rule (1) of

rule 21, after the expression "shall be made", the expression "through

the on-line portal of the Labour Department, Puducherry" shall be

inserted and the words 'in triplicate' shall be deleted.

(b) In the said rules, in sub-rule (2) of rule 21, after the

expression 'by a certificate', the expression "through the on-line portal

of the Labour Department, Puducherry" shall be inserted.

5. Amendment to rule 24.— In the said rules, for sub-rule (2) of

rule 24, the following shall be substituted, namely:-

"(2) The amount of security deposit shall be paid by online

payment through on-line portal of Government of Puducherry under the

head of Account 8443 Civil Deposits-116 Deposits under various Central

and State Acts Deposits under the Contract Labour (Regulation and

Abolition) Act, 1970".

6. Amendment to rule 29.— In the said rules, in sub-rule (2) of

rule 29, after the expression 'shall be', the expression "through the

on-line portal of the Labour Department, Puducherry" shall be inserted

and the words 'in triplicate' shall be deleted.

7. Amendment to rule 32.— In the said rules, in sub-rule (2) of

rule 32, after the expression "shall be made" the expression "through

the on-line portal of the Labour Department, Puducherry" and after the

expression "by a treasury receipt" the expression "or by online payment

through the on-line portal of Government of Puducherry" shall be

inserted and the words 'in triplicate' shall be deleted.

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PART–II] LA GAZETTE DE L'ETAT

8. Amendment to rule 38.— In the said rules for rule 38, the

following shall be substituted, namely:-

"38. Payment of fees.— Unless otherwise provided in these rules all fees to be paid by online payment, through on-line portal of Government of Puducherry under the relevant head of Account viz., 0230- Labour and Employment 106-Fees under the Contract Labour (Regulation and Abolition) Rules, 1973".

9. Amendment to rule 74.— In the said rule for rule 74, the

following shall be substituted, narnely:-

"74. Register of Contracts.—Every principal employer shall maintain in respect of each registered establishment a Register of Contractors in Form-XII at his option be maintained in electronic form".

Provided that during inspection, the inspector may require the production of 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 (21 of 2000)".

10. Amendment to rule 75.— In the said rule for rule 75, the

following shall be substituted, namely:-

"75. Register of persons employed.—Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form-XIII which may at his option be maintained in electronic form".

Provided that during inspection, the Inspector may require the production of 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 (21 of 2000)".

11. Insertion of new rule 80(6).— In the said rules, after sub-rule

(5) of rule 80, the following shall be inserted, namely:-

"(6).— All the books, registers and records required to be maintained under the said rules stipulated under the Puducherry Contract Labour (Regulation and Abolition) Rules, 1973, shall be at the discretion of the employer may be maintained in "electronic form".

706 LA GAZETTE DE L'ETAT [PART–II

Provided that during inspection, the Inspector may require the production of 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 (21 of 2000)."

12. Amendment to rule 82.— (a) In the said rules, in sub-rule (1) of rule 82, after the expression 'half-yearly return', the expression "through the on-line portal of the Labour Department, Puducherry" shall be inserted and the words '(in duplicate)' shall be deleted.

(b) In the said rules, in sub-rule (2) of rule 82, after the expression 'send annually a return', the expression "through the on-line portal of the Labour Department, Puducherry" shall be inserted and the

words '(in duplicate)' shall be deleted.

(By order of the Lieutenant-Governor)

E. VALLAVAN,

Additional Secretary to Government (Labour).

————

online publication at "https://styandptg.py.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday

Cite this issue. Puducherry Gazette, Government of Puducherry, 13 November 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2019-11-13.extraordinary-ii-issue-56/. Archive identifier in.gazette.puducherry.2019-11-13.extraordinary-ii-issue-56.