[103]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 32]

CHENNAI, WEDNESDAY, AUGUST 5, 2020

Aadi 21, Saarvari, Thiruvalluvar Aandu–2051

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2020

[Price : Rs. 8.00 Paise.

DTP—32-III-1(a)

Part III—Section 1(a)

General Statutory Rules, Notiﬁ cations, 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 ..

104-120

PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT

Amendments to the Tamil Nadu Lokayukta Rules 2018 ..

121

104

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. 111, Labour and Employment (H1) 14th July 2020,

ÝQ 30, ê£˜õ£K, F¼õœÀõ˜ Ý‡´&2051.]

No. SRO A-27/2020.— 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 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 ofthe 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

Act, 1996 (Central Act 27 of 1996); consultation with the expert committee.

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;

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

105

(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;

(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,-

(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;

106

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

(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 Tarnil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules,

2020” shall be substituted;

“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.

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

107

Tඐඍ Sඋඐඍඌඝඔඍ

[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

Oﬃ ce of the Registering Oﬃ cer

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 rules made thereunder to .................................................... .

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

The Name and Address of the Establishment

2. Name and Address of Contractors. *

3. Labour Identification Number /Permanent Account Number of contractors *

4. Email ld 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 Oﬃ cer with Seal.

* Please strike off whichever is not applicable.

FORM 11.

[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

(Centra! 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. Labour Identification Number / Permanent Account Number of the contractor:

3. Email Id of the contractor:

4. Mobile No. of the contractor:

108

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

B. Details to be ﬁ lled only in case of application for licence*

Particulars of Establishment where workman is to be employed:

(a) Name and Address ofthe 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:

(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 ﬁ lled only in case of application for renewal of licence*

(a) Number and date ofthe 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 ofthe 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 ofthe licensing Officer

FORM Ill.

[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 Certiﬁ cate 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

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

109

(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 ﬁ ll particulars as applicable)

1. Location of work

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

No.

Appliance Category

Test

Certificate

No. and

date of

test

Situation

and

description

with

distinguishing

number or

marks

Parameters

of test and

examination

Test

load

applied

Safe work

load as

per

Parameters

in column

(3)

(Tonnes)

Specific

Details

Name and

address

of public

service,

association,

company, or

firm

or testing

establishment

making the test

and examination

Name and

position

of the

competent

person of

public

service

association,

company or

firm or

testing

establishment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(1)

Winches, Derricks and

their Accessory Gear

(Lifting appliance and

Gear) [rule 56, rule 74

(b) and Schedule I of

the Tamil Nadu

Building and Other

Construction Workers

(Regulation of

Employment and

Conditions of Service)

Rules, 2006]

(in

tonnes)

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

(2)

Cranes or Hoists and

their Accessory Gear

[rule 56 and 74 (b) of

the Tamil Nadu

Building and Other

Construction Workers

(Regulation of

Employment and

Conditions of Service)

Rules, 2006]

(in

metres]

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

110

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

(3)

Loose Gear (also,

Initial test and

examination

certificate No. and

date to be indicated,

in case of periodical

test) [rules 70 and

74(b) of the Tamil

Nadu Building and

Other Construction

Workers (Regulation

of Employment and

Conditions of Service)

Rules, 2006]

(in

tonnes)

(name

and

address

of Manu-

facturer

supplier)

(4)

Wire Rope [rules 71

and 74 (b) ofthe

Tamil Nadu Building

and Other

Construction Workers

(Regulation of

Employment and

Conditions of Service)

Rules, 2006]

(name and

address of

maker or

supplier)

(Quality

of wire

and

intended

use of

wire

rope)

(5)

Annealing of Loose

Gears [rules 72 and 74

(b) of the Tamil Nadu

Building and Other

Construction Workers

(Regulation of

Employment and

Conditions of Service)

Rules, 2006]

...........

.........

(Defects

found at

inspec-

tion

after

annea-

ling)

(6)

Loose Gears

exempted from

Annealing [rules 69)

and 73 of the Tamil

Nadu Building and

Other Construction

Workers (Regulation

of Employment and

Conditions of Service)

Rules, 2006]

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

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

(Re-

marks)

* Specific parameters related to the category mentioned in Commissioner of Labour. (2) above are as indicated here

below against their serial number :-

SI.No.

Parameters

(1)

Angle to the horizontal of derrick boom at which test load applied

(2)

For jib cranes-radius at which the test load was applied.

(3)

Number and material of loose gears tested.

(4)

(a) Circumference/diameter of rope (b) Number of strand (c) Number of wire per strand (d) Lay (e) Core

(5)

Number of loose gears annealed with date of annealing.

(6)

Number of certiﬁ cate of initial and periodical test and examination.

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.

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

Signature of Competent Person with seal

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

Registration/ Authority number of the Competent Person.

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

111

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. Labour Identification Number /Permanent Account Number of the contractor:

3. Email Id of the contractor:

4. Mobile No. of the contractor:

5. Name and Address Principal Employer:

6. Labour Identification Number /Permanent Account Number of the Principal Employer:

7. Email ld of the Principal Employer:

8. Mobile No. of the Principal Employer:

9. Details of security deposit:

No. and

date of

licence

Date of expiry of

previous

licence.

Whether the

previous licence

of the contractor

was suspended or

revoked

Amount of

previous

security

deposit

Amount,number

and date of

demand draft /

transaction slip of

the balance

security deposit

deposited if any

No. and date of

certiﬁ cate of

registration of the

establishment in

relation to which

the fresh licence is

applied for

Name and

location of fresh

contract work

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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

Oﬃ ce of the Licensing Oﬃ cer

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.

112

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

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]

Number of Workers

Fee paid for Amendment in Rs.

Date of Amendment

Seal and Signature of the

Licensing Oﬃ cer

(1)

(2)

(3)

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]

Date of Renewal

Fee paid for renewal

Date of Expiry

Seal and Signature of the

Licensing Officer

(1)

(2)

(3)

* Please strike off whichever is not applicable.

ANNEXURE

The licence is subject to the following conditions, namely:-

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.

(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.

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

113

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 rules

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) Labour Identification Number /Permanent Account Number

(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 Labour Identification Number /Permanent Account Number

(7) Email Id

(8) Mobile No.

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

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

(11) Labour Identification Number /Permanent Account Number 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*

The Inspector

………………………

* Please strike off whichever is not applicable.

114

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

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

Name and Address of contractor/employer *:

Name and Address of the Establishment :

2. Labour Identification Number /Permanent Account Number 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. Labour Identification Number /Permanent Account Number 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. Universal Account Number / 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.

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

115

FORM IX.

[Under rule 223(C) of the Tamil Nadu Building and Other Construction Workers (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/Chief Medical Officer.

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.

116

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

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

Conditions of Service) Act, 1979. (Central Act 30 of 1979)]

1. Name of the contractor.

1A. Labour Identification Number /Permanent Account Number 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. Labour Identification Number /Permanent Account Number of the sub-contractor :

2B. Email Id of the sub-contractor :

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

3. Name of the establishment.

3A. Labour Identification Number /Permanent Account Number of the establishment :

3B. Email Id of the establishment :

3C. Mobile No. of the establishment :

4. Name of the Principal Employer.

4A. Labour Identification Number /Permanent Account Number 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.

Serial Number

Details of migrant workman

Sex.M/F/O

Age

Permanent

home

address

Name and

address

(including

Mobile No.) of

the next of kin

of the migrant

workman

Place and

address of

residence

in the home

State

Amount of

displacement

allowance

paid

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(a)

Name

(b)

UAN/

Aadhaar

(c)

Mobile

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

117

Amount of

outward/

return

journey

allowance

paid

Amount of

wages for

outward/

return

journey

period paid

Total wages

paid

Nature

of work

required

to be

performed

Date of

recruitment

Date of

employment

Details

of rates

of wages

and other

allowances

payable

Details

of rates

of wages

and other

allowances

paid

Period of

contract of

employment

and total days

worked

Details of

other service

conditions

Remarks

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

Seal and 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 and 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. Labour Identification Number /Permanent Account Number:

3. Email Id:

4. Mobile No:

5. Name of the building worker:

6. Labour Identification Number /Permanent Account Number:

7. Email Id:

8. Mobile No:

9. Address of the building worker:

10. Sex and Age:

11. Designation:

12. Marital status:

118

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

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 :

(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 :

(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.

Sl.No

Name

Address

Occupation

Mobile No

(1)

(2)

(3)

(4)

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

119

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. :

(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.

120

TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

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 (OR) 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 or building or the other construction work* carried on in the establishment / site*:

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 or other construction work*:

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

Details of contractors**

Serial

Number

Name and

Address

PAN/GSTIN/

LIN Number

Mobile

Number

e-mail

Nature

of work

Maximum

number of

workmen to be

employed on

any day.

Estimated date

of commence-

ment of work

Estimated

date of

completion of

work

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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.

Aug.5, 2020]

TAMIL NADU GOVERNMENT GAZETTE

121

PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT

Amendments to the Tamil Nadu Lokayukta rules, 2018.

[G.O. Ms. No. 84, Personnel and Administrative Reforms (N.Spl), 21st July 2020,

Ý® 6, ê£˜õK, F¼õœÀõ˜ Ý‡´&2051.]

No. SRO A-28/2020.— In exercise of the powers conferred by Section 44 of the Tamil Nadu Lokayukta Act, 2018

(Tamil Nadu Act 33 of 2018), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu

Lokayukta Rules, 2018:-

Aඕඍඖඌඕඍඖගඛ

In the said Rules, in Schedule - II referred to in rule 18 in the tabular Column, -

(1) in Serial Number (1), against the category “Secretary” in column (2), for the entry in column (3) thereof, the following

entries shall be substituted, namely:-

“(i) By transfer from among the holders of the post of Additional Secretary/ Joint Secretary / Deputy Secretary in

the Departments of Secretariat; or

(ii) By deputation from among the holders of the post of District Judge in the Tarnil Nadu State Judicial Service

with the pay in the parent department or by a retired District Judge, either on re-employment or on contract basis. “

(2) in Serial Number (2), against the-category “Registrar” in column (2), for the entry in column (3) thereof, the following

entries shall be substituted, namely:-

“(i) By transfer from among the holders of the post of Additional Secretary / Joint Secretary / Deputy Secretary in

Law Department of Secretariat; or

(ii) By deputation from among the holders of the post of District Judge in the Tamil Nadu State Judicial Service

with the pay in the parent department or by a retired District Judge, either on re-employment or on contract basis. “

S. SWARNA,

Secretary to Government.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU