[695]
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
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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2019 } | 13 {
No. 56 Poudouchéry
Mercredi
13
Novembre
2019
No.
Puducherry
Wednesday
13th
November
2019
(22 Kartika 1941)
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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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(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.
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(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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(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) The number of accidents resulting in
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
of building workers and the number of
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.
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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)
Claims for maternity benefit
Number
Amount not paid
rejected:
(v)
Claims for medical bonus rejected:
Number
Amount not paid
(vi)
Cases in which leave for miscarriage
Number
Amount not paid
was applied for but was rejected:
(vii)
Cases in which additional leave
Number
Amount not paid
for illness under section 10 was
applied for, but, was rejected:
(viii)
Cases in which payment was
Number
Amount not paid
made to persons other than the
woman concerned:
(ix)
Women deprived of maternity
Number
Amount not paid
benefit and or medical bonus
under proviso to sub-section (2)
of section 12 of the Maternity
Benefit Act, 1961:
(x)
Cases in which payment was made
Number
Amount not paid
on the order of the Appellate
Authority or Inspector:
(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:
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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
Total amount of
involved
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
Dearness Over Non-profit
Other
Arrears of pay Total
wages
allowance time
sharing
allowances
in respect of
bonus
in cash
previous year
paid during
the year.
(v) Total cash value of the wages paid in kind:
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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
15. Contract Labour
Name and
Period of
Nature
Number
Number
Maximum
addresses of
contract
of work
of days
of
number
contractors
worked
mandays of workers
worked
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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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.
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(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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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”.
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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).
————
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