Business Reform Action Plan-Ease of Doing Business’ as formulated by the Government of India, New Delhi, the …

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Registered No. PY/44/2021-23 Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 292 Poudouchéry Mardi 30 Novembre 2021 (9 Agrahayana 1943)

No. Puducherry Tuesday 30th November 2021

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 06/AIL/Lab./G/2021, Puducherry, dated 29th November 2021)

ORDER

Whereas, in pursuance of implementation of the 'Business Reform Action Plan-Ease of Doing Business' as formulated by the Government of India, New Delhi, 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 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;

[ 3555 ]LA GAZETTE DE L'ETAT [ PART-I 3556 3556 And whereas, Draft order of the Ease of Doing Business for furnishing of Return and Integrated Register by an establishment under various Labour Laws have been issued vide G.O.Ms.No.129/AIL/Lab/G/2020, dated 3rd December, 2020 and published in Part-I, Extraordinary Gazette No. 182, dated 17th December, 2020, inviting objections and suggestions from all persons likely to be affected thereby, within forty-five days from the date of pre-publication of the notification in the Official Gazette of Puducherry;

And whereas, the said pre-publication of the Notification was notified for information of the general public on 17th December, 2020;

And whereas, pursuant to the said notification no objections or suggestions have been received within the abovesaid stipulated time-limit;

Now, therefore, in exercise of the powers conferred,–

(1) under section 53 (1) of the Puducherry Shops and Establishments Act, 1964, r/w rule 22 (1) of the Puducherry 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 Puducherry 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 Puducherry 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 Puducherry 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 Puducherry Motor Transport Workers Rules, 1965, the Lieutenant-Governor, Puducherry, is hereby pleased to 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.

PART-I ] LA GAZETTE DE L'ETAT 3557

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

[tick ( ) the correct option]

(cid:1)

(i) The Pondicherry Shops and Establishments :

Act, 1964.

(ii) The Motor Transport Workers Act, 1961 :

(iii) The contract Labour (Regulation and :

Abolition) Act, 1970.

(iv) T h e I n t e r - S t a t e M i g r a n t w o r k m e n :

(Regulation of Employment and Conditions

of Service) Act, 1979.

(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 (cid:1)

(1)

(2)

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

Motor Transport Workers Act, 1961.

(ii) Contract Labour (Regulation and Abolition 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 3558 3558

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):

(i) Male

(ii) Female

(iii) Adolescent

(iv) Children

Total

(cid:1)

(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

man-days engaged Males Females Adolescents Children Total No. of during

(between the (below 14 days 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 3559

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 paid `

superannuation Discharged / Terminated

(1)

(2) 7. Man-days lost during the Financial Year on account of

Sl. Reasons No. of workers No. of man-days Loss in terms No.

involved lost of money (1)

(2)

(3)

(4) (5) (a) Strike

(b) Lock-out

(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 (1) (2)

(3)

Highly

skilled

Skilled

Semi-skilled

Unskilled

TotalLA GAZETTE DE L'ETAT [ PART-I 3560 3560 (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

(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 :

PART-I ] LA GAZETTE DE L'ETAT 3561

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 :

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

LA GAZETTE DE L'ETAT [ PART-I 3562 3562

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

(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

(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 3563 (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) :

LA GAZETTE DE L'ETAT [ PART-I 3564 3564

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. :

PART-I ] LA GAZETTE DE L'ETAT 3565

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

By order of the Lieutenant-Governor)

S.D. SUNDARESAN, I.A.S., Secretary to Government (Labour).

————

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