simplification of procedure for furnishing of Consolidated Annual Return and Integrated Register by an Establishment under various Labour Laws in pursuance of implementation of the “Business Reform Action Plan - Ease of Doing Business” as formulated by the Government of India.

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PART - I

 ➢ EXTRAORDINAIRE EXTRAORDINARY

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No. 182 Poudouchéry Jeudi 17 Décembre 2020 (26 Agrahayana 1942)

No. Puducherry Thursday 17th December 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 129/AIL/Lab./G/2020, Puducherry, dated 3rd December 2020)

ORDER

The Government of Puducherry has proposed to formulate simplification of procedure for furnishing of Consolidated Annual Return and Integrated Register by an Establishment under various Labour Laws in pursuance of implementation of the "Business Reform Action Plan - Ease of Doing Business" as formulated by the Government of India. Wherein, the intention to provide such return and Integrated Register under various Labour Laws is to sub-serve the purposes more specifically electronically, of the said labour related laws and the rules made thereunder, wherein, provisions have been made for maintenance of registers. The integrated registers provided under the proposed Order will facilitate ease of compliance, maintenance and inspection, and will also make the information provided thereunder easily accessible to the public through electronic means thereby increasing transparency. Further, issuing a separate Order for furnishing of Consolidated Annual Return and Integrated Register will benefit making references of registers provided under different labour related laws simple, which will serve public purpose in a better way.

[ 1091 ]LA GAZETTE DE L'ETAT [ PART-I 1092 1092 To achieve the aforementioned purposes, the following Draft Order of the Ease of Doing Business for furnishing of Return and Integrated Register by an Establishment under various Labour Laws, which the Union territory of Puducherry proposes to make in exercise of the powers conferred,–

(1) under section 53 (1) of the Pondicherry Shops and Establishments Act, 1964, r/w rule 22 (1) of the Pondicherry Shops and Establishments Rules, 1964;

(2) under section 35 (1) and section 29 (1) of the Contract Labour (Regulation and Abolition) Act, 1970 r/w rules 74, 75 and 78 of the Puducherry Contract Labour (Regulation and Abolition) Rules, 1973;

(3) under section 35 (1) of the Inter State Migrant Workers' (Regulation of Employment) Act, 1979, read with rules 48, 49, 51 and 52 of the Puducherry Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Rules, 2012;

(4) under section 26 (1) of the Payment of Wages Act, 1936, read with section 13-A and rules 3, 4 and 5 of the Pondicherry Payment of Wages Rules,1964;

(5) under section 38 (1) of the Industrial Disputes Act, 1947, read with rule 56-A of the Industrial Disputes (Central) Rules, 1957;

(6) under section 30 (1) of the Minimum Wages Act, 1948, r/w rule 28 of the Pondicherry Minimum Wages Rules, 1964;

(7) under section 28 (1) and 20 of the Maternity Benefit Act, 1961;

(8) under section 38 (1) and 26 of the Payment of Bonus Act, 1965;

(9) section 15 (1) of the Payment of Gratuity Act, 1972, read with rule 16 of the Pondicherry Payment of Gratuity Rules, 1973, and

(10) under section 40 (1) of the Motor Transport Workers Act, 1961, read with rule 35 and rule 39 of the Pondicherry Motor Transport Workers Rules, 1965, the Government of Puducherry hereby issue the following order simplifying the procedure for furnishing of common periodical Return in Form-I and Integrated Register in Form-II and Form-III together, by an employer falling under the jurisdiction of State, as follows:

(i) Annual Return in Form-I, for the financial year ending 31st March, may be prepared by an employer and shall be filed only through online.

(ii) Integrated Register in Form-II and Form-III together, may be maintained by an employer and shall be filed only through online.

(iii) Where an employer furnishes Return in Form-I, and maintains Integrated Register in Form-II and Form-III together, nothing contained under the above Acts/Rules shall render himself liable to any penalty:

Provided that if, any employer fails to furnish periodical Return for the end of the financial year 31st March, on or before 30th April, or on the date so specified under any particular Act or Rule, of the succeeding year, in Form-I to the Inspector; and also, if, any employer fails to maintain and produce Integrated Register in Form- II and Form-III together, to the Inspector on demand in complete shape, he shall render himself liable to penalty under the relevant provision of law, after a due Notice is served on him giving him an opportunity.

The Draft Order of the Ease of Doing Business for furnishing of Return and Integrated Register by an Establishment under various Labour Laws are hereby published as required for information of all persons likely to be affected thereby and notice is hereby given that the said Draft Notification will be taken into consideration on the expiry of forty-five days from the date of publication of this Order 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 Notification 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.

(By order of the Lieutenant-Governor)

E. VALLAVAN, I.A.S., Secretary to Government (Labour).

FORM – I

ANNUAL RETURN FOR THE FINANCIAL YEAR ………..

(to be filed before 30th April to the inspector concerned)

1. Details of Establishment

(a) Name of the Establishment

:

(b) Address of the Establishment

:

(c) Establishment registered under which Act?

[tick ( ) the correct option]



(i) The Pondicherry Shops and Establishments :

Act, 1964.

(ii) The Motor Transport Workers Act, 1961 :

(iii) Other (Specify)

:

(d) Name of Employer

:

(e) Address of Employer

:

(f) E-mail of employer

:

(g) Telephone Number of employer : Office : Residence :

(h) Mobile Number

:

(i) Name and address of the Manager or person :

responsible for supervision and control of the

establishment.

(j) Brief description of business/work/product :

2. Details of Registration under applicable Acts

Enter details only for the Acts which are applicable:

Sl. Name of the Act Registration/ Date of issue/ No.

[tick ( ) at appropriate Acts] Licence No. Last renewal 

(1)

(2)

(3) (4) (i) Puducherry Shops and Establishments Act, 1964/

Motor Transport Workers Act, 1961.

(ii) Contract Labour (R&A) Act, 1970

(iii) Inter-state Migrant Workmen (Regulation of Employment

and Condition of Service), Act, 1979 (if applicable).

(iv) Other (Specify)LA GAZETTE DE L'ETAT [ PART-I 1094 1094

3. Details of workers directly employed the establishment (excluding contract workers) during the financial year

(a) Average number of workers employed daily :

(b) Average number of hours worked in a day :

(including overtime):

(c) Number of man-days during the year :

(i) Male

:

(ii) Female

:

(iii) Adolescent

:

(iv) Children

:

Total

:

(d) Day of weekly holiday [Tick ( ) ] :



(Monday/Tuesday/Wednesday/Thursday/

Friday/Saturday/Sunday).

(e) Timings of shift working:

General shift

: Time from …………….. hrs. To …………….. hrs.

First shift

: Time from …………….. hrs. To …………….. hrs.

Second shift (if applicable)

: Time from …………….. hrs. To …………….. hrs.

Third shift (if applicable)

: Time from …………….. hrs. To …………….. hrs.

(f) Number of working days during the financial :

year.

4. Details of Contract Labour (if employed)

No. of No. of contract labour employed Total contractors

mandays engaged Males Females Adolescents Children Total No. of during

(between the (below 14 d ays the year

age of years of worked

14 and 18 age)

years)

(1)

(2)

(3) 5. Maximum number of persons employed in any day during the Financial Year

Males Females Adolescents Children Total (between the age of 14 and 18 years) (below 14 years of age) (1) (2)

(3)

(4) (5)PART-I ] LA GAZETTE DE L'ETAT 1095

6. Details of workers retired, retrenched, discharged, etc., during the Financial Year

No. of workers Amount of benefits paid (benefit-wise) Retired on Retrenched / Dismissed Terminal benefit ` superannuation Discharged / Terminated

paid `

(1)

(2) 7. Mandays lost during the Financial Year on account of

Sl. Reasons No. of workers No. of mandays Loss in terms No.

involved lost of money (1)

(2)

(3)

(4) (5) (a) Strike

(b) Lock-out

(c) Lay-off

(d) Retrenchment

(e) Fatal accidents

(f) Non-fatal but, serious accidents

(g) Any other

Total

8. Wages paid during the Financial Year

Category Rates

No. of workers

of wages

Male Female Children Adolescent Total Male Female Children Adolescent Total (1) (2)

(3)

Highly

skilled

Skilled

Semi-skilled

Unskilled

TotalLA GAZETTE DE L'ETAT [ PART-I 1096 1096 (a) Whether minimum wages G.O. is applicable to the establishment and if so, mention the G.O. No. and Date.

(b) Whether minimum wages paid to all the workers

(c) Whether equal wages paid to male and female workers

(d) Whether claim applications under Minimum Wages Act are pending before the Authority (e) If so, the amount claimed in the application–

(i) No. of workers filled claim application

(ii) Period of claim

9. Details of Wage Payments

Gross wages paid Deductions Net wages paid In cash In kind Fines Deductions for Other In cash In kind

damage or loss (Welfare contribution, etc.)

(1)

(2)

(3) 10. Details of various welfare amenities provided to workers

(1) Total number of workers in the establishment :

(2) No. of workers granted Casual Leave / Sick Leave / :

Leave with Wages / Earned Leave.

(3) No. of workers granted leave with wages or paid :

wages in lieu of leave:

(4) No. of workers who were provided ambulance facility :

(5) No. of workers who availed facility of canteen :

(6) No. of rest rooms

:

11. Payment of Bonus Act, 1965

Number of employees benefited by bonus payments during the Financial Year :

12. Payment of Gratuity Act, 1972

Details of Gratuity paid to workers during the Financial Year.

13. If, woman worker is employed, enter following details, otherwise skip

(A) Leave granted under Maternity Benefit Act, 1961 or ESI Act, 1948–

(a) Total No. of female employees in the establishment :

(b) Total No. of days of leave granted :

(c) No. of employees who availed Maternity Leave or other :

benefits from ESI.

(B) Detail of medical check-up–

(i) Name of Medical Officer who paid visit during the :

calendar year:

(ii) Qualification of Medical Officer

:

(iii) Is Medical Officer employed by the establishment or :

part-time?

(iv) If a part-time, how often does he/she pay visit to :

establishment? (mention No. of visit in a quarter).

(v) Is there any Hospital in the establishment? (YES / NO) :

(vi) If so, how many beds are provided? :

(vii) Is a lady Doctor engaged by the establishment on :

regular or part-time basis? (YES / NO)

(viii) What are her qualification?

:

(ix) Is there a qualified mid-wife in the establishment? :

(YES / NO)

(x) Has any crèche been provided? (YES / NO) :

14. Details of Works Committee under Industrial Disputes Act, 1947 (If more than 100 workers are employed)

(1) Whether Works Committee has been functioning (YES / NO) :

If yes, please provide the following information :

(a) Date of its constitution

:

(b) Number of workmen's representatives (Elected Members) :

(c) Number of employer's representatives :

(Nominated Members)

(d) Number of meetings held during the year with dates :

(2) If, the Works Committee had not been functioning, the difficulties encountered in its constitution / functioning:

———————————————————————————————————————————————————

———————————————————————————————————————————————————

———————————————————————————————————————————————————

(3) Number of Unions in the establishment

:

14. Details of Inter-state migrant workmen (if employed)

Males Females Adolescents Children Total Total Wages paid (between the age of (below 14 years of age)

14 and 18 years)

(1) (2) (3)

(4) (5) (6) Digital signature/signature of the Employer/Manager :

Place :

Name of signatory :

Date :

Designation in the establishment :

————

FORM – II

INTEGRATED REGISTER

1. Details of Establishment :

(a) Name of the Establishment

:

(b) Address

:

(c) Telephone No(s)

:

(d) Fax No(s)

:

(e) Mobile No.

:

2. (a) Nature of business

:

(b) Location of work

:

(c) Minimum Wages G.O. applicable to the unit : G.O. No. DatePART-I ] LA GAZETTE DE L'ETAT 1099 (3) Name and address of Employer/Principal Employer (in case of Contractor) :

———————————————————————————————————————————————————

(4) Name of Contractor/Contractors engaged :

(5) Registration/Licence No. and Date of Registrations/Licences issued/Renewal under various Labour Laws (Mention Act-wise details :-

———————————————————————————————————————————————————

———————————————————————————————————————————————————

———————————————————————————————————————————————————

(6) No. of workers

: Regular (Contract)

(i) Category-wise No. of workers

Permanent Temporary Trainee Apprentice Contract Total Male Female Male Female Male Female Male Female Male Female Male Female (1) (2) (3) (4) (5) (6) (ii) Class-wise No. of workers

Highly skilled Skilled Semi-skilled Unskilled Total Male Female Male Female Male Female Male Female Male Female (1)

(2)

(3)

(4)

(5) (iii) Adolescents (14 to 18 years) : Male Female

7. Date of Cleaning/White Washing :

8. Date of Inspection under various Labour Laws :

9. Inspection Team Leaders Name and Designation :

10. Date and Time of Accident (if any) :

11. No. of workers injured in the Accident (if any) :

12. No. of workers died in the Accident (if any) :

FORM – III

INTEGRATED REGISTER

MUSTR ROLL-CUM-REGISTER OF WAGES / DEDUCTIONS / OVERTIME / ADVANCES

For the month ——————————

Name of the Establishment and Address :

Location of work

:

Name and address of Employer/Manager :

Address

:

Nature of Establishment / Production / Business, etc. :

Signature of the Employer/Contractor :

Name of signatory :

CERTIFICATE BY THE PRINCIPAL EMPLOYER IF THE EMPLOYER IS CONTRACTOR

This is to certify that the Contractor has paid wages to workmen employed by him as shown in this register in his/in the presence of his authorised representatives.

Signature of Representatives of Principal Employer :

Name of Signatory

:

Designation in the Establishment

:

————

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