Employees' State Insurance (Central) Second Amendment Rules, 2018

MINISTRY OF LABOUR & EMPLOYMENT NOTIFICATION  

New Delhi, the 11th October, 2018  

G.S.R. 1021(E)

Whereas a draft containing certain rules further to amend the Employees' State Insurance (Central) Rules, 1950 were published in the Gazette of India, Extraordinary, Part-II, Section  3, Sub-section (i) vide G.S.R. 605(E), dated the 3rd July, 2018, as required by sub-section (1) of the section 95 of the Employees' State Insurance Act, 1948 (34 of 1948), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of thirty days from the date on which the copies of the Official Gazette containing the said notification was published were made available to public;

And whereas, the copies of the said Official Gazette were made available to the public on the 6th July, 2018;

And whereas, no objection or suggestion has been received from any person in respect of the said draft rules within the period specified above for consideration by the Central Government;

Now, therefore, in exercise of the powers conferred by section 95 of the said Act, the Central Government, after consultation with the Employees' State Insurance Corporation, hereby makes the following rules further to amend the Employees' State Insurance (Central) Rules, 1950, namely:-

1. (1) These rules may be called the Employees' State Insurance (Central) Second Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official   Gazette.

2. In the Employees’ State Insurance (Central) Rules, 1950, in rule 21, in sub-rule (1),—

(i) in the proviso, for the words “any such bank”, the words “any  scheduled bank authorised for Government agency business” shall be substituted; 

(ii) for the Explanation, the following Explanation shall be substituted, namely:—

‘Explanation - 

(a) “ Nationalised Bank” means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);

(b) “scheduled bank” means a scheduled bank referred to in section 42 and specified in the Second Schedule to   the Reserve Bank of India Act, 1934 (2 of 1934);

(c)“authorised bank for Government agency business” means banks notified by the Department of Expenditure    in the Ministry of Finance vide office memorandum number  S-11021/1

(20)/Rly/2008/RBD/2018, dated the    7th December, 2016, as amended from time to time.’. 

[F. No. S-38025/03/2015-SS-I(Pt)]
MANISH KUMAR GUPTA, Jt. Secy.

Note : The principal rules were published in the Gazette of India, vide notification number S.R.O. 212, dated the  22nd June, 1950 and was last amended vide notification number G.S.R. 650(E), dated the 16th July, 2018.

 

DRAFT RULES - Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018

DRAFT RULES
1. (1) These rules may be called the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018.
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980,-
(i) in rule 3,- (a) in sub-rule (1),-
(I) the words “in triplicate”, shall be omitted;
(II) for the words “to the registering officer of the area in which the establishment sought to be registered is located”, the words “online on the Shram Suvidha Portal of the Ministry of Labour and Employment in the Government of India” shall be substituted; (b) for sub-rule (2), the following sub-rule shall be substituted, namely,-
“(2) The payment of fees for the registration of the establishment referred to in sub-rule (1) shall be made by e-payment.”; (c) sub-rule (3) shall be omitted; (d) for sub-rule (4), the following sub-rule shall be substituted, namely,-
“(4) On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall by generated electronically on the web-portal specified in the said sub-rule.”;
(ii) in rule 4,-
(a) in sub-rule (1),-
(I) for the words “Where the registering officer registers of establishment, he shall issue to the principal employer a certificate of registration”, the words, brackets and figures “The certificate of registration issued under sub-section (2) of section 4 shall be generated electronically” shall be substituted;
(II) after the figures “2017”, the words “and shall be made available to the applicant online” shall be inserted;
(b) in sub-rule (3), for the words “to the registration officer”, the words, brackets and figures“ online on the web-portal specified in sub-rule (1) of rule 3” shall be substituted;
(iii) in rule 5, in sub-rule (1), after the words “in all respects”, the words “, then, by recording his observations online” shall be inserted;
(iv) in rule 6,-
(a) in sub-rule (1),- (I) after the words “principal employer to deposit”, the words “by e-payment” shall be inserted; (II) the words “and to produce the demand draft showing such deposit” shall be omitted;
(v) in rule 7,-
12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(a) in sub-rule (1),- (I) for the words “in triplicate”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 3” shall be substituted; (II) the words “to the licensing officer having jurisdiction in relation to the area wherein the recruitment is made” shall be omitted;
(b) in sub-rule(2),- (I) after the words “shall be made”, the words, brackets and figures“ online on the web-portal specified in sub-rule (1) of rule 3” shall be inserted; (II) the words “to the Licensing officer having jurisdiction in relation to the area wherein the establishment is situated” shall be omitted;
(c) in sub-rule (3),- (I) in clause (i), for the words “accompanied by a”, the words “accompanied by uploading a copy of the” shall be inserted; (II) clause (ii) shall be omitted;
(d) for sub-rule (4), the following sub-rule shall be substituted, namely,-
“(4) On e-submission of the application referred to in sub-rule (1) or sub-rule (2) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in sub-rule (1) of rule 3.”;
(e) for sub-rule (5), the following sub-rule shall be substituted, namely,-
“(5) The deposit of security referred to in rule 10 and the payment of fees at the rates specified in rule 12 for application referred to in sub-rule (1) or sub-rule (2) shall be made by e-payment.”;
(vi) in rule 9,in sub- rule(2), in clause (ii), after the words “communicated to the applicant”, the words, brackets and figures “online through the web-portal specified in sub-rule (1) of rule 3” shall be inserted.”;
(vii) in rule (10),-
(a) in sub-rule (2), after the words “to be furnished by such person”, the words and letter “by e-payment” shall be inserted;
(b) in sub-rule (3),- (I) after the words “may on an”, the word “online” shall be inserted; (II) after the words “only the balance amount”, the word and letter “by e-payment” shall be inserted;
(viii) in rule 11, in sub-rule (1), after the words and figure “section 8 shall be”, the words “generated electronically” shall be inserted;
(ix) in rule 13,- (a) sub-rule (2), for the words “to the licensing officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 3”, shall be substituted; (b) in sub-rule (3), in clause (i), for the words “ a crossed demand draft for” , the words “by e- payment”, shall be substituted; (c) in sub-rule (4), after the words “to the applicant”, the words, brackets and figures “online through the web-portal specified in sub-rule (1) of rule 3” shall be inserted;
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 13
(x) in rule 14,- (I) in sub-rule (1), for the words “may apply to the licensing officer”, the words, brackets and figures “shall apply online on the web-portal specified in sub-rule (1) of rule 3” shall be substituted; (II) in sub-rule (2), the words “in triplicate” shall be omitted;
(xi) rule 20 shall be omitted.

[F. No. S-16011/04/2017-LW(A)(v)] RAJIT PUNHANI, Director-General (Labour Welfare) Jt. Secy.
Note : The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 513(E), dated 11.08.1980 and lastly amended vide notification number G.S.R. 1595(E), dated the 29th December, 2018.

Draft Rules - Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018

The Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018

Draft Rules

NOTIFICATION 

New Delhi, the 4th September, 2018

G.S.R. 829(E).––The following draft of certain rules further to amend the Contract Labour (Regulation and Abolition) Central Rules,1971, which the Central Government proposes to make, in exercise of the powers conferred by section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), is hereby published as required by sub-section (1) of the said section, for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public; 

Objections or suggestions, if any, may be addressed to the Joint Secretary to the Government of Indiaand-Director General (Labour Welfare), Jaisalmer House, 26, Mansingh Road, New Delhi-110011; 

Objections and suggestions, which may be received from any person in respect of the said draft rules before the expiry of the aforesaid period, will be considered by the Central Government. 

Draft Rules - Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018. 

1. (1) These rules may be called the Contract Labour (Regulation and Abolition) Central (Amendment) Rules, 2018. 

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

2. In the Contract Labour (Regulation and Abolition) Central Rules, 1971,- 

(i) in rule 17,- (a) in sub-rule (1),- 

(I) the words “in triplicate”, shall be omitted; 

(II) for the words “to the registering officer of the area in which the establishment sought to be registered is located”, the words “online on the Shram Suvidha Portal of the Ministry of Labour and Employment in the Government of India” shall be substituted; (b) for sub-rule (2), the following sub-rule shall be substituted, namely:- 

“(2) The payment of fees for the registration of the establishment referred to in sub-rule (1) shall be made by e-payment.”; (c) sub-rule (3) shall be omitted; (d) for sub-rule (4), the following sub-rule shall be substituted, namely:- 

“(4) On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in the said sub rule.” 

(ii) in rule 18,-

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:- 

“(1) The certificate of registration granted under sub-section (2) of section 7 generated electronically on the web-portal shall be in Form I annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017.” 

(b) in sub-rule (4), for the words “to the registering officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 17” shall be substituted; 

(iii) in rule 19, in sub-rule (1), after the words “in all respects”, the words “, then, by recording his observations online” shall be inserted; 

(iv) in rule 20,- 

(a) in sub-rule (1),- 

(I) after the words “principal employer to pay”, the words “by e-payment” shall be inserted; (II) the words “and to produce the demand draft showing such deposit” shall be omitted; 

(v) in rule 21,- 

(a) in sub-rule (1),- (I) for the words “in triplicate”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 17” shall be substituted; (II) the words “to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located” shall be omitted; 

(b) in sub-rule (2), for the words “accompanied by a”, the words “accompanied by uploading a copy of the” shall be inserted; (c) sub-rule (3) shall be omitted; (d) for sub-rule (4), the following sub-rule shall be substituted, namely:- “(4) On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in sub-rule (1) of rule 17.” 

(e) for sub-rule (5), the following sub-rule shall be substituted, namely:- 

“(5) The deposit of security at the rates specified in rule 24 and the payment of fees at the rates specified in rule 26 in respect of application referred to in sub-rule (1) shall be made by e-payment.”; 

(vi) in rule 23, in sub-rule (2), in clause (ii), after the words “communicated to the applicant”, the words, brackets and figures “online through the web-portal specified in sub-rule (1) of rule 17” shall be inserted.”; 

(vii) in rule 24,- 

(a) in sub-rule (1), after the words “shall be deposited”, the words “by e-payment” shall be inserted; (b) in sub-rule (1A),- (I) after the words “may, on an”, the word “online” shall be inserted; (II) after the words “only the balance amount”, the word “by e-payment” shall be inserted; 

(c) sub-rule (2) shall be omitted; 

(viii) in rule 25, in sub-rule (1), after the words and figure “section 12 shall be”, the words “generated electronically” shall be inserted; 

(ix) in rule 28,- 

(a) in sub-rule (2), for the words “to the licensing officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 17,” shall be substituted; (b) in sub-rule (3),- (I) in clause (i), for the words “a demand draft for”, the words “by e-payment” shall be substituted; (II) in clause (ii), for the words “on the applicant furnishing the requisite demand draft”, the words “on payment of the requisite amount by the applicant” shall be substituted; (c) in sub-rule (4), after the words “to the applicant”, the words “online through the web-portal specified in sub-rule (1) of rule 17” shall be inserted; 

(x) in rule 29,- 

(a) in sub-rule (1), for the words “to the licensing officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 17” shall be substituted; 

(b) in sub-rule (2),the words “in triplicate” shall be omitted; 

(xi) rule 38 shall be omitted. 

[F. No. S-16011/04/2017-LW(A)(iv)] 

RAJIT PUNHANI, Director-General (Labour Welfare) Jt. Secy. 

Note : The Contract Labour (Regulation and Abolition) Central Rules, 1971 were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 191, dated the 10th February,1971 and lastly amended vide notification number G.S.R. 1594(E), dated the 29th December, 2017. 

First Schedule of Industrial Disputes Act extended Mineral oil & like

MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION
New Delhi, the 31st August, 2018

S.O. 4220(E).—Whereas the Central Government having been satisfied that the public interest so requires that in pursuance of the provisions of sub-clause (vi) of the clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the services in industry engaged in Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like; which is covered by item 26 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947) to be a public utility service for the purpose of the said Act, as was notified for a period of six months with effect from the 1st March, 2018 vide notification of the Government of India in the Ministry of Labour and Employment, number S.O.781(E), dated the 23rd February, 2018;
And whereas, the Central Government is of the opinion that public interest requires the extension of the said industry for a further period of six months;
Now, therefore, in exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby declares the said industry to be a public utility service for the purposes of the said Act, for a further period of six months with effect from the 1st September, 2018.

[F. No. S.11017/2 /2018-IR (PL)]
KALPANA RAJSINGHOT, Jt. Secy.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018

G.S.R. 828(E).––In exercise of the powers conferred by Section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), the Central Government hereby makes the following rules, after consultation with the expert committee, further to amend the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998, namely:- 

 1. (1) These rules may be called the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998,-
(i) in rule 23, -

(a) in sub-rule (1),-
     (I)  the words “in triplicate” shall be omitted;
    (II) for the words “to the registering officer of the area appointed under section 6 of the Act in which the building or other construction work is to be carried on by the establishment”, the words “online on the Shram Suvidha Portal of the Ministry of Labour and Employment in the Government of India” shall be substituted;
(b) for sub-rule (2), the following sub-rule shall be substituted, namely:-

 “(2)The payment of fees for the registration of the establishment referred to in sub-rule (1) shall be made by e-payment.”;
(c) sub-rule (3) shall be omitted;
(d) for sub-rule (4), the following sub-rule shall be substituted, namely:-
“(4) On submission of e-application referred to in sub-rule (1) by the applicant, an automated acknowledgement shall be generated electronically on the web-portal specified in the said subrule.”;

(ii) in rule 24,-

  (a) in sub rule (1),-

         (I) after the words “to the applicant”, the words, brackets and figures “online on the webportal specified in the sub-rule (1) of rule 23” shall be inserted;

         (II) for the word “fifteen”, the word “seven” shall be substituted;

       (III) after the words “by the registering officer shall be”, the words “generated electronically” shall be substituted; 

  (b)   in sub-rule (3), for the words “the registering officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 23” shall be substituted;

(iii) in rule 25, in sub-rule (1), after the words “such employer to pay additional sums”, the words and letter “by e-payment” shall be inserted;
(iv)  in rule 26, in sub-rule (2), for the words “to the registering officer”, the words, brackets and figures “online on the web-portal specified in sub-rule (1) of rule 23” shall be substituted;
(v) rule 33 shall be omitted. 

Tripura Professional Tax revised wef July 2018

The Government of Tripura exercising powers under Sub Section (2) of Section 3 of the Tripura Professionals, Trades, Callings, and Employments Taxation Act, 1997 has increased the rate of Professional Tax in the Schedule appended. 

The new Professional Tax slab is effective from July, 2018 onwards

Monthly Gross Income Range From (Rs)	Monthly Gross Income Range upto (Rs)	Amount (Rs)	Remarks
0	7500	NIL	Applicable to all Employees
7501	15000	150 pm	Applicable to all Employees
15000 above		250 pm	Applicable to all Employees
		2500 Annual	Directors

Due Dates to Pay PT and File the Return


Every Employer registered under this Act shall furnish a monthly return in Form VII on or before the last day of every month showing therein the Salaries and Wages paid by him in respect of the month immediately preceding that month and the amount of tax deducted by him from the salaries and wages.