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.
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.
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.
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