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.