General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments

©

GOVERNMENT OF TAMIL NADU 2020

[Regd. No. TN/CCN/467/2012-14

[R. Dis. No. 197/2009.

[Price : Rs. 7.20 Paise.

No. 19] cHENNAI, WEDNESDAY, MAY 6, 2020 chithirai 23, Saarvari, Thiruvalluvar Aandu–2051

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIfICATIONS by GOVERNMENT

CONTENTS

Pages.

LABOUR AND EMPLOYMENT DEPARTMENT

Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020. 76-92DTP—19-III-1(a) [75] 76 TAMIL NADU GOVERNMENT GAzETTE [Part III-Sec.1(a)

NOTIfICATIONS by GOVERNMENT

LABOUR AND EMPLOYMENT DEPARTMENT

Tamil Nadu Rationalisation of forms and Reports under Certain Labour Laws Rules, 2020.

[G.O. Ms. No. 93, Labour and Employment (H1), 22nd April 2020,

சித்திரை 9, சார்வரி, திருவள்ளுவர் ஆண்டு&2051.]

No. SRO A-22/2020.—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 thereunder, 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 Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020 which is proposed to be made in exercise of the powers conferred by,-

(a) Section 35 of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970);

(b) Section 35 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979); and

(c) Section 62 of the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996); consultation with the expert committee;

Read with chapter III of the Information Technology Act, 2000 (central Act 21 of 2000), is hereby published for the information of all persons likely to be affected thereby; and notice is hereby given that the draft rule will be taken into consideration after the expiry of a period of forty five days from the date of publication of this notification in the Tamil Nadu Government Gazette and that any objection or suggestion which may be received from any person with respect thereto before the aforesaid period of expiry, will be considered by the Government of Tamil Nadu. Objection or suggestion, if any, should be addressed in duplicate to the Principal Secretary to Government, Labour and Employment Department, chennai-600 009, through the Director of Industrial Safety and Health, 47/1, Thiru.Vi.Ka. Industrial Estate, Guindy, chennai-600 032.

1. Short title and commencement.– (1) These rules may be called the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

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 (central Act 37 of 1970);

(ii) the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979); and

(iii) the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 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 thereunder, as specified therein.

(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.

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 :-

(1) in the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975,-

(a) in rule 17, in sub-rule (1A), for the expression "in Form I", the expression " in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(b) in rule 18, in sub-rule (1), for the expression "in Form II", the expression " in Form I annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(c) in rule 21,-

(i) in sub-rule (1), for the expression "in Form IV", the expression "in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(ii) in sub-rule (2), for the expression "in Form V", the expression " in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(d) in rule 24, in sub-rule (2), for the expression "in Form V-A", the expression "in Form V annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(e) in rule 25,-

(i) in sub-rule (1), for the expression "in Form VI", the expression "in Form VI annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(ii) in sub-rule (2),-

(A) in clause (iv), after the expression "settlement or award", the expression "or by the appropriate Government" shall be inserted;

(B) in clause (vii), for the expression "in Form VI-A", the expression "in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(f) in rule 29,in sub-rule (2), for the expression "in Form VII", the expression "in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(g) rule 32 shall be omitted;

(h) in rule 77, for the expression "in Form XV", the expression "in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(i) in rule 81, in sub-rule (3), for the expression "in Form VI-B", the expression "in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted; and

(j) existing Forms I, II, IV, V, V-A, VI, VI-A, VI-B, VII, VIII, IX, X, XI and Form XV shall be omitted.

(2) in the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu)

Rules, 1983,-

(a) in rule 3, in sub-rule (1), for the expression "in Form I", the expression " in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(b) in rule 4, in sub-rule (1), for the expression "in Form II", the expression "in Form I annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(c) in rule 7,-

(i) in sub-rule (1), for the expression "in Form IV", the expression "in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(ii) in sub-rule (2), for the expression "in Form V", the expression "in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(iii) in sub-rule (3), in clause (a), for the expression "in Form VI", the expression "in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(d) in rule 10, in sub-rule (2), for the expression "in Form VII", the expression "in Form V annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(e) in rule 11,-78 TAMIL NADU GOVERNMENT GAzETTE [Part III-Sec.1(a) (i) in sub-rule (1), for the expression "in Form VIII", the expression "in Form VI annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(ii) in sub-rule (2), in clause (v), after the expression "settlement or award", the expression " or by the appropriate Government" shall be inserted;

(f) in rule 15,in sub-rule (2), for the expression "in Form IX", the expression "in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(g) in rule 21, in sub-rule (1), for the expression "in Form X", the expression "in Form X annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(h) in rule 24, for the expression "in Form XI", the expression "in Form X annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(i) in rule 50, for the expression "in Form XIV", the expression "in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted; and

(j) existing Forms I, II, IV, V, VI, VII, VIII, IX, X, XI and Form XIV shall be omitted.

(3) in the Tamil Nadu building and Other Construction Workers (Regulation of Employment and Conditions of Service)

Rules, 2006,-

(a) in rule 23, in sub-rule (1), for the expression "in Form I", the expression " in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(b) in rule 24, in sub-rule (1), for the expression "in Form II under Schedule XIII to these rules", the expression "in Form I annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(c) in rule 26, in sub-rule (3), for the expression "in Form IV under Schedule XIII to these rules", the expression "in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(d) in rule 74, in sub-rule (b),-

(i) in clause (i),-

(A) in sub-clause (a), for the expression "in Form V under Schedule XIII to these rules", the expression "in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(B) in sub-clause (b), for the expression "in Form VI under Schedule XIII to these rules", the expression "in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(ii) in clause (ii), for the expression "in Form VII under Schedule XIII to these rules", the expression "in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(iii) in clause (iii), for the expression "in Form VIII under Schedule XIII to these rules", the expression "in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(iv) in clause (iv), for the expression "in Form IX under Schedule XIII to these rules", the expression "in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(e) in rule 210, in sub-rule (7), for the expression "in Form XIV", the expression "in Form XI annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(f) in rule 223, in clause (c), for the expression "in Form XI under Schedule XIII to these rules", the expression "in Form IX annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(g) in rule 230, in clause (a), for the expression "in Form XIII under Schedule XIII to these rules", the expression "in Form XI annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(h) in rule 239, in sub-rule (1), for the expression "in Form IV under Schedule XIII to these rules", the expression "in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted;

(i) in rule 241, in sub-rule (2), in clause (b), for the expression "in Form XXIV under Schedule XIII to these rules", the expression "in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020" shall be substituted; and

(j) Existing Forms I, II, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV and Form XXIV shall be omitted.

SCHEDULE

[See rule 2(1)]

fORM I

[Under rule 18(1) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975;

Rule 24(1) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006; and

Rule 4(1) of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

cERTIFIcATE OF REGISTRATION OF THE PRINcIPAL EMPLOYER/EMPLOYER*

Date.......................

Government of Tamil Nadu

Office of the Registering Officer

A certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Section 7 of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) */sub-section (3) of Section 7 of the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996)*/ clause (a) of sub-section (2) of Section 4 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979)* and the rule made there under to ……………………………………………………

1. Nature of work carried on in the establishment of the Principal Employer.

a) The Name and Address of the Establishment

2. Name and Address of contractors.*

3. LIN/PAN No. of contractors *

4. Email Id of contractors *

5. Mobile No. of contractors *

6. Nature of work of the contractor/employer* in which workman/building and other construction (BOc) worker* is employed or is to be employed.

7. Maximum number of building and other construction (BOc) workers to be employed by the employer under the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996) / workmen to be employed through each contractor under the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) or under the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979)* on any day.

Signature of the Registering Officer with Seal.

* Please strike off whichever is not applicable.

fORM II

[Under rule 21(1) and rule 29(2) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 7(1), rule 7(2) and rule 15(2) of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

Application for Licence / Renewal of Licence under the Contract Labour (Regulation and Abolition) Act, 1970 (central Act 37

of 1970) / the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (central Act 30

of 1979)*:

A. Details of the contractor

1. Name and Address of the contractor:

2. LIN/PAN No. of the contractor:

3. Email Id of the contractor:

4. Mobile No. of the contractor:

b. Details to be filled only in case of application for licence*

Particulars of Establishment where workman is to be employed:

(a) Name and Address of the Principal Employer:

(b) Number and date of certificate of Registration of the Establishment under the Act:

Particulars of Contract Labour-

(a) Nature of work in which workman is employed or is to be employed in the Establishment:

(b) Type of Business, Trade, Industry, Manufacture or Occupation which is carried on in the establishment:

(c) Name and address of the Agent or Manager of contractor at the work-site:

(d) Duration of the proposed contract work (please give particulars of proposed date of commencement and completion):

(e) Maximum number of workmen proposed to be employed on the establishment on any date:

(f) Whether a certificate by the Principal Employer, in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Law Rules, 2020 is enclosed:

C. Details to be filled only in case of application for renewal of licence*

(a) Number and date of the licence:

(b) Date of expiry of the licence:

D. Details of licence fee and security deposit

(a) Amount of licence fee, name of the Bank, demand draft No. and date / transaction no. and date in case the amount has been deposited in the notified bank account / challan No, name of the treasury and date in case the amount has been paid through treasury

(b) Amount of security deposit, name of the Bank, demand draft No. and date / transaction no. and date in case the amount has been deposited in the notified bank account / challan No, name of the treasury and date in case the amount has been paid through treasury / No. and date of small saving scrip

Signature of the Applicant (contractor) Place ………………….

Date……………………

* Please strike off whichever is not applicable.

_____________________________________________________________________________________ (To be filled in the office of the Licensing Officer)

Date of receipt of the application with DD for fees/Security Deposit

Signature of the Licensing Officer

fORM III

[Under rule 21(2) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 7(3) of the Inter- State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983] form of Certificate by Principal Employer

certified that:

1. I have engaged the applicant (name of the contractor) as a contractor in my establishment for the work_____________ to be carried out from ____________(date) to __________(date).

2. I undertake to be bound by all the provisions of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) and the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975*/ the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979) and the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983* in so far as the provisions are applicable to me in respect of the employment of contract labour/inter-state migrant workmen* by the applicant in my establishment.

3. The engagement of contract labour in the said work is not prohibited under sub section (1) of Section 10 of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) or an award or a settlement.

* Place: Signature of Principal Employer.

Date: Name and address of the establishment.

*Please strike off whichever is not applicable.

fORM – IV

[Under rule 56, rule 62, rule 69, rule 70, rule 72, rule 73, rule 74(b) and Schedule I of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006]

CERTIfICATE Of INITIAL AND PERIODICAL TEST AND EXAMINATION Of VARIOUS APPLIANCES

(Please fill particulars as applicable)

1. Location of work

2. Registration certificate number and date in respect of building and other construction work

· Specific parameters related to the category mentioned in col. (2) above are as indicated here below against their serial number :-

I certify that the above particulars relating to serial number..................... are correct, and that the test and examination were carried out in my presence and no defects affecting safe working condition were found other than those indicated above.

.................................................................

Date..................

Signature of competent Person with seal

Registration/ Authority number of the competent Person.

fORM V

[Under rule 24(2) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 10(2) of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983] Application for Adjustment of Security Deposit.

1. Name and Address of the contractor:

2. LIN/PAN No. of the contractor:

3. Email Id of the contractor:

4. Mobile No. of the contractor:

5. Name and Address Principal Employer:

6. LIN/PAN No. of the Principal Employer:

7. Email Id of the Principal Employer:

8. Mobile No. of the Principal Employer:

9. Details of security deposit:

Place: Seal & Signature of the Applicant Date:

fORM VI

[Under rule 25(1) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 11(1) of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

Government of Tamil Nadu

Office of the Licensing Officer

LICENCE

Licence No. Dated Fee paid Rs...............

1. Licence is hereby granted to .................................................................under sub-section (1) of Section 12 of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) or sub-section (1) of section 8 of the Inter State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979)* subject to the conditions specified in the Annexure.

2. Nature and location of work ................................

3. Name of the principal employer.

4. Registration certificate no. and date of the principal employer.

5. The licence shall remain in force till................................. (date to be indicated).

6. Maximum number of contract labour/migrant workmen to be employed on a single day under the licence :

Date................... Signature and Seal of the Licensing.Officer.

AMENDMENT

[Under Rule 28 of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 14 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

RENEWAL

[Under Rule 29 of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975; and rule 15 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

* Please strike off whichever is not applicable.

ANNEXURE

The licence is subject to the following conditions:

1. The licence shall be non-transferable.

2. The number of workmen employed as contract labour/migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in the licence.

3. Except as provided in the rules, the fees paid for the grant or, as the case may be, for renewal of the licence shall be non-refundable.

4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Scheduled Employment under the Minimum Wages Act, 1948 (central Act 11 of 1948), where applicable, and where the rates have been fixed by agreement, settlement, award, or by the appropriate Government, not less than the rates so fixed.

5.(a) In case where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work; provided that in the case of any disagreement with regard to the type of work the same shall be decided by the registering officer having jurisdiction over the area. Any person aggrieved by the decision of the registering officer may prefer an appeal to the commissioner of Labour within thirty days from the date of receipt of such decision and his decision shall be final.

(b) In other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the commissioner of Labour.

6. Every contract labour/migrant worker shall be entitled to allowances, benefits, facilities etc, as prescribed in the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) or the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) Act, 1979 (central Act 30 of 1979) and rules made there under.

7. In every establishment where 20 or more women are ordinarily employed as there shall be provided 2 rooms of reasonable dimension for the use of their children under the age of six years. One of such rooms would be used as a play room for the children and the other as bed room for the children. For this purpose the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the sleeping room. The standard of construction and maintenance of the crèches may be such as may be specified in this behalf by the commissioner of Labour.

8. Women shall be employed by any contractor before 6 a.m. or after 7 p.m. with her consent.

9. The licensee shall notify any change in the number of workmen or the conditions of work to the Licensing Officer.

10. A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on.

11. The contractor shall comply with all the provisions of the Act and these Rules.

12. The licensee shall, within fifteen days of the commencement and completion of each contract work, submit a return to the Inspector appointed under Section 28 of the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form - VII.

fORM VII

[Under rule 25(2)(vii) and rule 81(3) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules,1975; and rule 26(3) and 239(1) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006]

Notice of commencement/completion of work

(1) Name and Address of the principal employer under the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970)/Employer under the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996)*

(2) LIN/PAN No.

(3) Email Id

(4) Mobile No.

(5) Name and Address of the contractor under the contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) (if applicable)

(6) LIN/PAN No.

(7) Email Id

(8) Mobile No.

(9) No. and date of certificate of Registration/Licence * ……………………………………

(10) Name of person in-charge of work:

(11) LIN/PAN No. of person in-charge of work

(12) Email Id of person in-charge of work

(13) Mobile No. of person in-charge of work

(14) The nature of work involved and the facilities, including any plant and machinery provided in the case of a building or other construction work

(15) The arrangements for the storage of explosives, if any, to be used in the building or other construction work I/We hereby intimate that the work (Name of work) given to (name of the contractor) having [licence/ Registration certificate No. ……………… dated ………………….]* has been/is likely to be commenced / completed with effect from (date)/on (date).

Signature of the Principal Employer/contractor/Employer* To

The Inspector

………………………

………………………

* Please strike off whichever is not applicable.

fORM VIII

[Under rule 77 of the Tamil Nadu contract Labour (Regulation and Abolition) Rules,1975; rule 241(2)(b) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006; and rule 50 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

Service Certificate

1. Name and Address of contractor/employer *:

a) Name and Address of the Establishment :

2. LIN/PAN No. of the contractor/employer * :

3. Email Id of the contractor /employer *:

4. Mobile No. of the contractor/employer * :

5. Nature and location of work :

6. Name and Address of the Principal Employer *:

7. LIN/PAN No. of the Principal Employer : *

8. Email Id of the Principal Employer : *

9. Mobile No. of the Principal Employer : *

10. Name of the workman or building and other construction worker*:

11. UAN / Aadhaar No. :

12. Mobile No. :

13. Serial Number in the Register of Workmen :

14. Registration number, date and name of the Board if the building and other construction worker is registered as a beneficiary :

15. Period of Employment :

16. Designation:

Seal and Signature of contractor * Please strike off whichever is not applicable.

fORM IX

[Under rule 223(c) of the Tamil Nadu Building and Other constructionWorkers (Regulation of Employment and conditions of Service) Rules, 2006]

CERTIfICATE Of MEDICAL EXAMINATION

1. certificate Serial No. …………….. Date………………...

2. Name : …….................………....................................

Identification marks : (1) ..………............. (2) ..............……….

(i) UAN/Aadhaar No. : ………………………….……..

(ii) Mobile no. : ………………………….……..

3. Name of father/husband. : ………………………….……..

4. Sex :………………………….……..

5. Date of birth : .....……………… or age :.............................

6. Physical Fitness : ...............................................

I hereby certify that I have personally examined the above named person, son/daughter/wife of………………..residing at……………..who is desirous of being employed in building and construction work and that his/her age as nearly as can be ascertained from my examination is…………….year and that he/she is fit for employment in ……………as an adult/adolescent.

7. Reason for—

(1) refusal of certificate………………………………….

(2) certificate being revoked…………………………….

Signature/Left hand Thumb Signature with Seal impression of building worker Medical Inspector/c.M.O.

Note:

1. Exact details of cause of physical disability should be clearly stated.

2. functional/productive abilities should also be stated if disability is stated.

fORM X

[Under rule 21(1) and rule 24 of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service) (Tamil Nadu) Rules, 1983]

[Report on recruitment and employment of migrant workmen as prescribed under sub-rule (1) of rule 21 of

the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983,

and cessation of employment of migrant workmen as prescribed under rule 24 of the Inter-State Migrant Workmen

(Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983, to the authorities specified under

the explanation below sub-section (2) of Section 12 of Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979.]

1. Name of the contractor.

1A. LIN/PAN No. of the contractor :

1B. Email Id of the contractor :

1c. Mobile No. of the contractor :

2. Name of the sub-contractor through whom recruitment has been made.

2A. LIN/PAN No. of the sub-contractor :

2B. Email Id of the sub-contractor :

2c. Mobile No. of the sub-contractor :

3. Name of the establishment.

3A. LIN/PAN No. of the establishment :

3B. Email Id of the establishment :

3c. Mobile No. of the establishment :

4. Name of the Principal Employer.

4A. LIN/PAN No. of the Principal Employer :

4B. Email Id of the Principal Employer :

4c. Mobile No. of the Principal Employer :

5. Name of the State in which the place of work is located.

6. Name of the State in which recruitment was made.

Seal & Signature of contractor Date:

Submitted to

(1).............…………….

(Specified authority in the State from which the migrant workman/workmen is/are employed).

(2)...................................

(Specified authority in the State in which migrant workman/workmen has/have been recruited.)

copy forwarded to .................………..

(The Principal Employer)

Seal & Signature of contractor

fORM XI

[Under rule 210(7) and rule 230(a) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006]

REPORT Of POISONING OR OCCUPATIONAL NOTIfIAbLE DISEASES/ ACCIDENTS AND DANGEROUS

OCCURRENCES*

No. and date of Registration certificate under the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996):-

1. Name of the employer:

2. LIN/PAN No:

3. Email id:

4. Mobile No:

5. Name of the building worker:

6. LIN/PAN No:

7. Email id:

8. Mobile No:

9. Address of the building worker:

10. Sex and Age:

11. Designation:

12. Marital status:

PART A –REPORT OF AccIDENTS AND DANGEROUS OccURRENcES

[Rule 210(7) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006]:

1. Particulars of accident :

a. Exact place where accident occurred :

b. Date :

c. Time :

d. What the injured person was doing at the time of accident :

e. Weather condition :

f. How long employed by you for this particular job :

g. Particulars of equipment/machine/ tool involved and condition of the same after the accident occurred. :

h. Brief description of the accident :

2. Nature of injuries. :

a. Fatal :

b. Non-fatal :

c. If non-fatal, state precisely the nature of injuries(describe in detail the nature of injury, for instance fracture of right arm, sprain etc.) :

d. First Aid: : Given / Not given

e. If not, give the reasons :

f. Name and designation of the person by whom first-aid was given :

g. If admitted to hospital,

Name of the hospital:

Address of the hospital :

Name of the Doctor :

Phone No. :

3. Mode of transport used Ambulance/ any other mode (please specify) :

4. How much time was taken to shift the injured person :

a. If very late, state the reasons :

b. How the reporting was made ? Phone / Special messenger / letter/email/SMS :

c. Who visited the accident site first and what action was proposed by him? :

d. What are the actions taken for the investigation of the accident by the employer ?

(describe about photographs/ Video film/ measurements taken, etc.) :

5. Particulars of persons giving witness.

6. Particulars in case of fatal :

Date/Time :

Whether worker registered with Building and Other construction Workers Welfare Board.

If yes, give Registration Number & name of the Board:

7. Dangerous Occurrences as covered under the Regulation No. (Give details) :

a. collapse or failure of lifting appliances, hoist conveyors, etc. :

b. collapse or subsidence of soil, any wall, floor, gallery etc. :

c. collapse of transmission towers, pipeline, bridges, etc. :

d. Explosion of receiver, vessel, etc.:

e. Fire and explosion:

f. Spillage or leakage of hazardous substances:

g. collapse, capsizing, toppling or collision of transport equipment:

h. Leakage or release of harmful toxic gases at the construction site. :

i. Failure of lifting appliance, loose gear, hoist or building and other construction work machinery, transport equipment, etc. :

8. certificate from the Employer or authorized signatory. :

PART B – REPORT OF POISONING OR OccUPATIONAL NOTIFIABLE DISEASE:

[Rule 230(a) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service) Rules, 2006]

1. State exactly what the patient was doing at the time of contracting the disease:

2. Nature of poisoning or disease from which the building worker is suffering:

Date :

Sign.of the MO* Seal and Signature of the employer

Designation

Note : When a building worker contracts any disease specified in Schedule XII, a notice in this form shall be sent forthwith to the Director General.

(*Please strike off where not applicable)

To,

(FOR PART A)

1. The Inspector

2. The Building and Other construction Workers Welfare Board with which the worker is registered as a beneficiary 3. The Director of Industrial Safety and Health

4. The Authority under Section 39 of the Building and Other construction Workers (Regulation of Employment and conditions of Service) Act, 1996 (central Act 27 of 1996)

(FOR PART B)

1. The Inspector

2. The Building and Other construction Workers Welfare Board with which the worker is registered as a beneficiary.

3. The Director of Industrial Safety and Health * (In case the medical officer attends on the concerned building worker) Note: If more than one person is involved, then for each person, information is to be filled up in separate forms.

fORM XII

[Under rule 17(1A) of the Tamil Nadu contract Labour (Regulation and Abolition) Rules, 1975;

rule 23(1) of the Tamil Nadu Building and Other construction Workers (Regulation of Employment and conditions of Service)

Rules, 2006,; and rule 3(1) of the Inter-State Migrant Workmen (Regulation of Employment and conditions of Service)

(Tamil Nadu) Rules, 1983]

APPLICATION fOR REGISTRATION Of ESTAbLISHMENTS EMPLOyING CONTRACT LAbOUR OR MIGRANT

WORKMEN OR bUILDING AND OTHER CONSTRUCTION WORKERS

Details of Establishment

1. Name and address of the establishment/site*:

2. Postal address of the establishment:

3. Permanent Account Number (PAN)/ Goods and Services Tax Identification Number (GSTIN) /Labour Identification Number (LIN):

4. Full name and address of the Principal Employer/Employer*:

5. Full name and address of the Manager or person responsible for supervision and control of the establishment / construction work*:

6. Nature of work of building and the other construction work* carried on in the establishment / site*:

a) Number of floors*:

7. Maximum number of workmen or building workers* to be employed in the establishment on any day:

8. Estimated date of commencement of building and other construction work*:

9. Estimated date of completion of building and other construction work*:

Details of contractors**

10. Amount of registration fee:

Signature of the Principal Employer/Employer* * Please strike off whichever is not applicable.

** To be filled in by the Principal Employer/Employer.

Md. NASIMUDDIN, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE cOMMISSIONER OF STATIONERY AND PRINTING, cHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU