Aparajitha Bulletin-133 January 2018

Bulletin 133rd Issue January 2018
TABLE OF CONTENTS
Dear Readers, Pages
We wholeheartedly wish you a very Prosperous New Year and welcome you Maharashtra: Shops, theatres and other
all to our 133rd & January issue of ‘Aparajitha Bulletin’ in the exuberant New establishments can now stay open round the 02
Year of 2018!!!
clock
Following the Governor’s Assent given on 7th September, 2017, the Gratuity law amendment Bill introduced in Lok
effective date of commencement of the Maharashtra Shops and
Sabha 02
Establishments (Regulation of Employment and Conditions of Service) Act,
2017 was announced as 19th December, 2017, thereby the Shops, theatres Introduction to Workmen’s Compensation
and other establishments can now stay open round the clock in the State of
(Transfer of money) Amendment Rules, 2017 03
Maharashtra which may eventually increase more employability.
The Payment of Gratuity (Amendment) Bill, 2017 has been introduced in
Lok Sabha with intent to revise the previous ceiling of Rs. 10 Lakhs which
Amendment made in Rationalisation of Forms
was fixed in the year 2010, to Rs. 20 Lakhs and the period of 12 weeks of and Reports under certain Labour Law Rules, 03
maternity leave for calculating continuous service under Section 2A of the 2017
Act is going to change as fixed by the Central Government from time to
time which may be in line with other legislations that provide maternity Combined Annual Return introduced in
Puducherry Factories Rules 04
benefits.
As per the recent amendment made in rationalization of Forms and Reports Amendments made in Rule 55 of West Bengal
05
under certain labour law Rules, 2017, establishments/factories covered Shops and Establishments Rules, 1964
under the Central Government purview, can now use a common
registration application under the following Central Rules: Multiple PF Accounts can consolidate into one PF
Account 06
a) Contract Labour (Regulation and Abolition) Central Rules,1971,
b) Building and Other Construction Workers (RE & CS) Central Rules, 1998, Timeline revised for submission of return by PF
exempted establishments 06
c) Inter-State Migrant Workmen (RE & CS) Central Rules, 1980
National Holiday for 2018 declared in Telangana 07
Similarly, Annual Return which is to be submitted by Principal Employer and
Half-Yearly Return to be submitted by Contractor has been omitted and the 07
Public Holiday for 2018 declared in Haryana
common unified Annual Return shall be submitted in the Shram Suvidha
Portal directly by both of them on or before the 1st day of February, for the Public Holiday for 2018 declared in Jammu & 08
preceding year.
Kashmir
Changes were effectuated from 6th November, 2017, in the Puducherry Media coverage in labour & employment 08
Factories Rules, 1964, including the name Pondicherry was substituted with
domains
Puducherry, a Combined Annual Return in Form 19 has been introduced by
omitting various returns.
Now employees having multiple PF Accounts can consolidate all
of them to a maximum of ten accounts into one current UAN
Suitable amendment is carried out in Rule 55 of the West Bengal Shops &
activated PF account. Also the timeline has been revised for
Establishments Rules, 1964 which facilitates any employer/shopkeeper to
submission of returns by PF exempted establishments.
maintain and keep any register or record in respect of persons employed
Public Holiday lists for the year 2018 were issued by Haryana,
him in any form either manually or electronically but in accordance with
Telangana and Jammu & Kashmir.
prevailing forms with required particulars to be shown in, under these rules
We anticipate this issue would be of extensive value and serve as
are to be maintained or reflected therein. In case of any disparity/doubt,
a helpful nutshell as a ready reference.
the decision of the Registering Authority shall be final. Hence, seeking
permission from the authority for maintaining alternate Form/Record is not
Happy Reading!
required now.
Page No 1
Bulletin
January 2018
133rd Issue
Maharashtra: Shops, theatres and other establishments can now stay open
round the clock
Effective Date for New Maharashtra S & E Act, 2017 is 19th
December 2017.
Extract of the Notification is appended (Refer Page No 10.)
Gratuity law amendment Bill introduced in Lok Sabha

The Bill called ‘the Payment of Gratuity (Amendment) Bill, 2017’ has been introduced in Lok Sabha
for the reason of following amendments:
• The present ceiling of gratuity amount of Rs. 10 Lakhs was fixed in the year 2010. Now the
central Labour Ministry paves the way for revising the ceiling by the Central Government from
time to time keeping in view of increasing in wage and inflation, and future Pay Commissions.
• Also, the period of 12 weeks of maternity leave for calculating continuous service under
Section 2 A of the Act is going to change as fixed by the central Government from time to time
which may be in line with other Maternity benefits related legislations.
Since the above said amendments are in normal in character, it has been proposed to empower
the Central Government to notify the ceiling time to time instead of amending the said Act
through Bill approach as it would take own time and usual Parliamentary procedure.
Page No 2
Bulletin
January 2018
133rd Issue
Introduction to Workmen’s Compensation (Transfer of money) Amendment

Rules, 2017
The following WC Amendment Rules, wherever, the word workmen’s, workman & workmen is
occurred, the word ‘employees, employee and workmen has been substituted accordingly:
• The Workmen’s Compensation (Transfer of Money) Amendment Rules, 2017

• The Workmen’s Compensation (Venue of Proceedings) Amendment Rules, 2017
Amendment made in Rationalisation of Forms and Reports under certain

Labour Law Rules, 2017
Establishments/factories covered under the Central Government Purview, can now go for common
registration application under the following Central Rules:
• Contract Labour (Regulation and Abolition) Central Rules,1971,

• Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Central Rules, 1998,
• Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central
Rules, 1980
The common application for Registration of Establishments employing Contract Labour or Migrant
Workmen or Building Workers has been introduced under the Rationalisation of Forms and
Reports under Certain Labour Laws Rules, 2017.
Page No 3
Bulletin
January 2018
133rd Issue
Amendment made in Rationalisation of Forms and Reports under certain

Labour Law Rules, 2017 (Contd..)
Similarly, Annual Return which is to be submitted by Principal Employer and Half-Yearly Return to be
submitted by Contractor has been omitted and the common unified Annual Return shall be
submitted in the Shram Suvidha Portal directly by both of them. The return to be uploaded on or
before 1st day of February of every year following the end of the year to which it relates.
Amendments made in Puducherry factories rule, 1964

Effective from 6th November 2017, in the Pondicherry Factories Rules, 1964,
• In the title for the existing word 'Pondicherry' the word 'Puducherry' has
been substituted, now
• An annual return has been replaced with Combine Annual Return in
Form-19
• The following existing returns have been omitted now:
• Form-21 prescribed under Sub-Rule (3) of Rule 110
• Form-22 prescribed under Sub-Rule (4) of Rule 110,
• Form-29 prescribed under Sub-Rule (1) of Rule 111,
• Form-30 prescribed under Rub-Rule (2) of Rule 111,
• Form-31 prescribed under Sub-Rule (3) of rule 111,
• Form-32 prescribed under sub-rule (5) of rule 110
Page No 4
Bulletin
January 2018
133rd Issue
Amendments made in Rule 55 of West Bengal Shops and Establishments

Rules, 1964
Rule 55 of West Bengal Shops and Establishments Rules, 1964 has amended with the substitution
which as;
Earlier Provisions Substituted Provisions
R. 55. Special registers and records. R. 55. Special registers and records.
(1) If on an application made by an employer or (1) any employer and shopkeeper can maintain
shop-keeper in writing, the Government is and keep any register or record in respect of the
satisfied that any register or record persons employed by him in any form either
maintained by such employer or shop-keeper manually or electronically, notwithstanding that
given in respect of the persons employed by it is not in accordance with the form provided in
him the particulars required to be shown in that behalf in these rules, subject to the
any register or record to be maintained under condition that particulars required to be shown
these rules, the Government may, by or order in any register or record under these rules are
in writing, direct the registers or record so maintained or reflected therein.
maintained by the employer or shop-keeper
shall notwithstanding that it is not in
accordance with the form provided in that
behalf in these rules, be deemed to the
corresponding extent to be a register or
record maintained under these rules
(2) Every application under sub- rule (1) shall be (2) In case of any disparity or doubt, as may be
accompanied by five Copies of Form of the raised by any person employed, inspector,
relevant register or record. employer or shopkeeper as to whether the
particulars as required to be maintained in the
register or record are properly reflected or not,
the decision of the registering authority shall be
final
Page No 5
Bulletin
January 2018
133rd Issue
Multiple PF Accounts can consolidate into one PF Account

Now, one employee who is having multiple PF Accounts
can consolidate into one PF Account.
Extract of the Notification is appended (Refer Page No

64.)
Timeline revised for submission of return by PF exempted establishments

Revised timeline for submission of return by PF
exempted establishments.
Extract of the Notification is appended (Refer Page

No 65.)
Page No 6
Bulletin
January 2018
133rd Issue
National Holiday for 2018 declared in Telangana

Find attached the notification of list of National and
Festival Holidays 2018 – Hyderabad (Twin Cities) and
Rengareddy Zone announced by JCL under the Telangana S
& E Act, 1988.
Public Holiday for 2018 declared in Haryana

Haryana Public Holiday List for the year 2018
Extract of the Circular is appended (Refer Page No 81.)
Page No 7
Bulletin
January 2018
133rd Issue
Public Holiday for 2018 declared in Jammu & Kashmir

Holiday list of Jammu & Kashmir for the year of 2018.
Media coverage in labour & employment domains
• EPFO advises members against fully withdrawing funds. (Refer Page No 89.)
• Telangana Labour dept. cracks down on shops for Telugu Sign Board. (Refer Page No 91.)
• How to merge two or more EPFO accounts. (Refer Page No 92.)
• Bill to amend Payment of Gratuity Act provisions. (Refer Page No 93.)
• Ministry of Labour & Employment Year End Review 2017. (Refer Page No 95.)
• Hoping for higher pension from EPFO after SC judgement? Uncertainty prevails. (Refer Page
No 102.)
Page No 8
Bulletin
January 2018
133rd Issue
• Shops and establishments can now run 24 hours in state:

Maharahstra govt. (Refer Page No 104.)
• Pondy enacts law to regulate jobs of load workers. (Refer

Page No 106.)
• 'With Aadhaar we have been able to cut the umbilical

cord with the employe'. (Refer Page No 107.)
• Govt may bring back proposal to allow fixed-term

employment. (Refer Page No 110.)
• Govt unlikely to slow down on labour reforms in 2018.

(Refer Page No 112.)
• EPF and ESIC: Modi government hits brakes on plans to

widen cover. (Refer Page No 114.)
CORPORATE OFFICE: CONTACT US:

Aparajitha Corporate Services Private
Limited,
Mr. Girish - +91 99524 06408 girish@aparajitha.com
5A, V.P. Rathinasamy Nadar Road,
B. B. Kulam,
Madurai - 625 002.
Tamil Nadu. Phone 0452 – 4020202
Page No 9
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Shops and Establishments (Regulation of Employment and
Conditions of Service) Act, 2017 (Mah. Act No. LXI of 2017), is hereby published under the authority
of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
Principal Secretary and R.L.A.
to Government,
Law and Judiciary Department.
MAHARASHTRA ACT No. LXI OF 2017.

(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the
7th September 2017.)
An Act to provide for the regulation of conditions of employment and other
conditions of service of workers employed in shops, residential hotels,
restaurants, eating houses, theatres, other places of public amusement
or entertainment and other establishments and for matters
connected therewith or incidental thereto.
WHEREAS it is expedient to provide for the regulation of employment

and other conditions of service of workers employed in shops, residential
hotels, restaurants, eating houses, theatres, other places of public amusement
(1)
¦ÉÉMÉ +É`-----145-----1
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or entertainment and other establishments and for matters connected
therewith or incidental thereto; it is hereby enacted in the Sixty-eighth Year
of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
Short title, 1. (1) This Act may be called the Maharashtra Shops and Establishments
extent, (Regulation of Employment and Conditions of Service) Act, 2017.
application
and com- (2) It extends to the whole of the State of Maharashtra.
mencement.
(3) The provisions of this Act, except section 7, shall apply to the
establishments employing ten or more workers and the provisions of section
7 shall apply to the establishments employing less than ten workers.
(4) It shall come into force on such date as the State Government may by
notification in the Official Gazette appoint.
Definitions. 2. In this Act, unless the context otherwise requires,—
(1) “Chief Facilitator” means the Chief Facilitator appointed as such
under section 28 of this Act;
(2) “day” means the period of twenty-four hours beginning at
midnight;
(3) “employer” means a person owning or having ultimate control
over the affairs of an establishment, and includes,—
(i) in the case of a firm or association of individuals, a partner
or members of the firm or association;
(ii) in the case of a company, a director of the company;
(iii) in the case of an establishment owned or controlled by the
Central Government or a State Government or any local authority,
the person or persons appointed to manage the affairs of such
establishment by the Central Government or the State Government
or the local authority, as the case may be;
(4) “establishment” means an establishment which carries on, any
business, trade, manufacture or any journalistic or printing work, or
business of banking, insurance, stocks and shares, brokerage or produce
exchange or profession or any work in connection with, or incidental or
ancillary to, any business, trade or profession or manufacture; and
includes establishment of any medical practitioner (including hospital,
dispensary, clinic, polyclinic, maternity home and such others), architect,
engineer, accountant, tax consultant or any other technical or
professional consultant; and also includes a society registered under
the Societies Registration Act, 1860, and a charitable or other trust, 21 of
whether registered or not, which carries on, whether for purposes of 1860.
gain or not, any business, trade or profession or work in connection with
or incidental or ancillary thereto; and includes shop, residential hotel,
restaurant, eating house, theatre or other place of public amusement or
entertainment; to whom the provisions of the Factories Act, 1948 does 63 of
not apply ; and includes such other establishment as the State 1948.
Government may, by notification in the Official Gazette, declare to be an
establishment for the purposes of this Act;
(5) “Facilitator” means a Facilitator appointed under section 28 of
this Act;
(6) “Factory” means any premises which is a factory within the
meaning of clause (m) of section 2 of the Factories Act, 1948 or which is 63 of
deemed to be a factory under section 85 of the said Act; 1948.
(7) “holiday” means a day on which a worker shall be given a weekly
off under the provisions of this Act;
(8) “leave” means a leave provided for in Chapter IV of this Act;
(9) “local area” means any area or combination of areas to which
this Act applies;
(10) “local authority”means the Municipal Corporation of Brihan
III of Mumbai constituted or deemed to have been constituted under the
1888. Mumbai Municipal Corporation Act, Corporations constituted or deemed
LIX of to have been constituted under the Maharashtra Municipal Corporations
1949. Act and the Municipal Councils constituted or deemed to have been
Mah. XL constituted under the Maharashtra Municipal Councils, Nagar
of 1965. Panchayats and Industrial Townships Act, 1965, and includes any other
body which the State Government may, by notification in the Official
Gazette, declares to be a local authority for the purposes of this Act;
(11) “Manager”means a person mentioned in the application under
section 6 of this Act ;
(12) “member of the family of an employer” means the wife, husband,
son, daughter, father, mother, brother or sister of an employer who lives
with and is dependent on such employer;
(13) “opened” means opened for the service of any customer, or for
any business of the establishment, or for work, by or with the help of any
worker of or connected with the establishment;
(14) “period of work” means the time during which a worker is at
the disposal of the employer;
(15) “prescribed” means prescribed by rules made under this Act;
(16) “prescribed authority” means the Commissioner of Labour for
the purposes of this Act;
(17) “register of establishment” means a register maintained for the
registration of establishments under this Act, either manually or in
electronic format;
(18) “registration certificate” means a certificate of the registration
of an establishment;
(19) “residential hotel” means any premises used for the reception
of guests and travellers desirous of dwelling or sleeping therein and
includes residential club;
(20) “restaurant or eating house” means any premises, in which,
wholly or principally the business of the supply of meal or refreshments
to the public or a class of the public for consumption on the premises is
carried on;
(21) “shop” means any premises where goods are sold, either by
retail or wholesale or where services are rendered to customers, and
includes an office, a store-room, godown, warehouse or work place,
whether in the same premises or otherwise, mainly used in connection
with such trade or business, but does not include a factory;
(22) “spread over” means the period between the commencement
and the termination of the work of a worker on any day;
(23) “theatre” includes any premises intended principally or wholly
for the exhibition of pictures or other optical effects by means of a
cinematograph or other suitable apparatus or for dramatic performances
or for any other public amusement or entertainment;
(24) “wages” means wages as defined in the Payment of Wages Act, 4 of
1936; 1936.
(25) “week” means the period of seven days beginning at midnight

of Saturday;
(26) “worker” means any person (except an apprentice under the 52 of
Apprentices Act, 1961) employed to do any manual, unskilled, skilled 1961.
technical, operational or clerical work for hire or reward, whether the
terms of employment be express or implied.
Act not to 3. The provisions of this Act shall not apply to,—
apply to
certain (1) Establishments of the Central and State Government;
establish- (2) Establishments of Local Authorities;
ments and
persons. (3) Establishment of Mumbai Port Trust;
(4) Establishment of Railway Administration;
(5) Offices of Reserve Bank of India;
(6) Offices of the Trade Commissioner and of Consular officers and
other Diplomatic representatives of Foreign Government;
(7) Offices of Air Service Companies;
(8) Establishments used for treatment or care of infirm, destitute
or mentally unfit;
(9) Establishments pertaining to any kind of educational activities
(excepting those where coaching or tuition classes are conducted by
individual persons or any institutions other than those,—
(a) affiliated to any university established by law, or
(b) recognised by the Divisional Boards under the Maharashtra Mah.
Secondary and Higher Secondary Education Boards Act, 1965, or XLI of
1965.
(c) recognised by the Directorate of Education or the
Directorate of Technical Education as a private secondary or
technical high school, Industrial Training Institute (I.T.I.),
Polytechnic, Engineering Colleges or other technical institutions
conducting courses recognised by Government) ;
(10) High Court Law Libraries and other Courts Law Libraries;
(11) A worker occupying position of confidential, managerial or
supervisory character in an establishment, a list of which shall be
displayed on the website of establishments and in absence of the website
at a conspicuous place in the establishment and a copy thereof shall be
sent to the Facilitator;
(12) A worker whose work is inherently intermittent;
(13) A member of the family of an employer.
Application of 4. (1) Notwithstanding anything contained in this Act, the State
Act to other Government may, by notification in the Official Gazette, declare any
establish-
ments and establishment or class of establishments to which, or any worker or person
workers. or class of workers or persons to whom, this Act or any of the provisions
thereof does not for the time being apply, to be an establishment or class of
establishments or a worker or a person or class of workers or persons to
which or whom this Act or any provisions thereof with such modifications or
adaptations as may in the opinion of the State Government be necessary
shall apply from such date as may be specified in the notification.
(2) On such declaration under sub-section (1), any such establishment
or class of establishments or such worker or person or class of workers or
persons shall be deemed to be an establishment or class of establishments to
which, or to be a worker or a person or class of workers or persons to whom,
this Act, applies and all or any of the provisions of this Act with such
modification or adaptation as may be specified in such declaration, shall apply
to such establishment or class of establishments or to such worker or persons
or class of workers or persons.
5. The State Government may, by notification in the Official Gazette, Suspension of
suspend the operation of all or any of the provisions of this Act for such all or any of
provisions of
period and subject to such conditions as it deems fit on account of any holidays this Act.
or occasions.
CHAPTER II
REGISTRATION OF ESTABLISHMENTS
6. (1) Within a period of sixty days from the date of commencement of Registration
this Act or the date on which establishment commences its business, the of establish-
ments.
employer of every establishment employing ten or more workers shall submit
application online in a prescribed form for registration to the Facilitator of
the local area concerned, together with such fees and such self-declaration
and self-certified documents as may be prescribed, containing—
(a) the name of the employer and the manager, if any;
(b) the postal address of the establishment;
(c) the name, if any, of the establishment;
(d) the actual nature of the business of the establishment ; and
(e) such other particulars as may be prescribed :
Provided that, nothing contained hereinabove shall apply to the
establishments already having valid registration or renewal under the
LXXIX Maharashtra Shops and Establishments Act until expiry of their registration
of 1948. or renewal.
(2) On receipt of the application along with documents and the fees
online, the Facilitator shall, register the establishment in the register of
establishments in such manner as may be prescribed and shall issue online,
in a prescribed form, a registration certificate along with the Labour
Identification Number (LIN) to the employer within the prescribed time limit.
The Facilitator shall verify the correctness of the application and documents
attached thereto within such time as may be prescribed. The registration
certificate shall be produced whenever it is demanded by the Facilitator.
(3) A registration certificate granted under sub-section (2) shall be valid
for such period as may be requested by the applicant and specified therein
subject to a maximum period of ten years. An application for the renewal of a
registration certificate shall be submitted online not less than thirty days
before the date of expiry of the registration certificate or of the renewed
registration certificate, as the case may be, and shall be accompanied by such
fees, and the renewed registration certificate shall be in such form, as may
be prescribed.
(4) If the application for the renewal of a registration certificate is
submitted after the expiry of the period specified in sub-section (3) but within
thirty days after the date of expiry of the registration certificate or of the
renewed registration certificate, as the case may be, such application shall
be accompanied by an additional fee as late fee equal to half of the fee payable
for the renewal of a registration certificate.
¦ÉÉMÉ +É`-----145-----2
(5) In the event of any doubt or difference of opinion between an employer
and the Facilitator with respect to any provisions of this Act, the Facilitator
shall refer the matter to the prescribed authority which shall, after inquiry
as it thinks proper, decide the matter and its decision shall be final for the
purposes of this Act.
Intimation of 7. (1) Within a period of sixty days from the date of the commencement
establish- of this Act or the date on which establishment commences its business, the
ment employ-
ing less than
employer of every establishment employing less than ten workers shall give
ten workers. an intimation of having commenced the business to the Facilitator in whose
jurisdiction the establishment is located by submitting online application, in
a prescribed form, together with such self-declaration and self-certified
documents, as may be prescribed containing details such as name of the
employer and manager, name of establishment, nature of business, number
of workers and such other details as may be prescribed. The Facilitator shall
issue to the employer of such establishment a receipt of intimation in such
form and manner as may be prescribed. The details of the intimation receipt
shall be recorded online in a register maintained in such form as may be
prescribed :
Provided that, if at any point of time the number of workers engaged in
the establishment become ten or more, then all provisions of this Act shall
apply to such establishment and the employer of such establishment shall
have to obtain registration as per the provisions of section 6 :
Provided further that, nothing contained in this sub-section shall apply
to the establishments already having valid registration or renewal under
the Maharashtra Shops and Establishments Act until expiry of their LXXIX
registration or renewal. of 1948.
(2) The employer of such establishment employing less than ten workers
shall notify to the Facilitator within thirty days from the date of the closing
of the business that the establishment has been closed for business in such
form and manner as may be prescribed. The Facilitator on receiving the
information shall remove the entry of such establishment from the register
kept for that purpose.
(3) Whoever, contravenes the provisions of this section or rules framed
thereunder shall be punishable with a fine of rupees one thousand.
Cancellation 8. At any time, if it is found or brought to the notice of the Facilitator
of registra-
tion. that the registration of any establishment has been obtained by
misrepresentation or suppression of material facts or by submitting false or
forged documents or false declaration or by fraud, and therefore, requires to
be revoked, the Facilitator shall, after giving an opportunity of being heard,
to the employer of the establishment, cancel the registration and remove such
establishment from the register of establishments in the manner prescribed.
Change to be 9. It shall be the duty of every employer to notify online to the
communi- Facilitator, in the prescribed form, any change in any of the particulars
cated to
Facilitator. contained in the application submitted under section 6 within such period,
after the change has taken place, as the State Government may prescribe.
The Facilitator shall, on receiving such notice and the prescribed fees
alongwith the self-declaration of the applicant and self-certified documents
as may be prescribed, make the change in the register of establishments in
accordance with such notice and shall issue a fresh registration certificate
online.
10. The employer shall notify to the Facilitator within thirty days from Closing of
the date of closing of the business that the establishment has been closed for establish-
ment to be
business in such form and manner, as may be prescribed. The Facilitator on communi-
receiving the information and on being satisfied about its correctness shall cated to
remove such establishment from the register of establishments and cancel Facilitator.
the registration certificate:
Provided that, if the Facilitator does not receive the information but he
is otherwise satisfied that any establishment has been closed, he may remove
such establishment from such register of establishments and cancel such
certificate.
CHAPTER III
OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST,
SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF
11. Notwithstanding anything contained in this Act, the State Opening and
closing hours
Government may, fix, by notification in the Official Gazette, in the public of establish-
interest, such hours for opening and closing of different classes of ment.
establishments and for different premises, shopping complex or mall or for
different area or areas and for different period.
12. Subject to the other provisions of this Act, no adult worker shall be Daily and
required or allowed to work in any establishment for more than nine hours weekly hours
of work in
in any day and forty-eight hours in any week. No adult worker shall be asked establish-
to work continuously for more than five hours unless he has been given a ment and
break of not less than half an hour: interval for
rest.
Provided that, the working hours or weekly holiday may be relaxed in
case of work of urgent nature with the previous permission of the Facilitator.
13. (1) No woman worker shall be discriminated in the matter of Prohibition of
recruitment, training, transfers or promotion or wages. discrimination
against woman
(2) No woman worker shall be required or allowed to work in any worker.
establishment except between the hours of 7 a.m. and 9-30 p.m. :
Provided that, the woman worker with her consent, shall be allowed to
work during 9-30 p.m. and 7-00 a.m. in any establishment in which adequate
protection of their dignity, honour and safety, protection from sexual
harassment and their transportation from the establishment to the doorstep
of their residence as may be prescribed are provided by the employer or his
authorised representative or manager or supervisor.
(3) Notwithstanding anything contained in the preceding sub-sections,
the State Government may, by notification in the Official Gazette, in the public
interest, prohibit or regulate the employment of women workers after 9-30
p.m. and before 7-00 a.m. in such shops, establishments, hotels, restaurants,
residential hotels, permit rooms, bars, spa-massage parlours, lodges or any
business or any trade or occupation in such area or areas as it may deem fit.
14. The spread-over of a worker in establishment shall not exceed ten Spread-over in
and half hours in any day, and in case a worker entrusted with intermittent establish-
ments.
nature of work or urgent work, the spread over shall not exceed twelve hours.
15. Where a worker in any establishment is required to work beyond Wages for
nine hours a day or forty-eight hours a week, he shall be entitled, in respect overtime.
of the overtime work, wages at the rate of twice his ordinary rate of wages.
The total number of overtime hours shall not exceed one hundred and twenty-
five hours in a period of three months.
¦ÉÉMÉ +É`-----145-----3
Weekly 16. (1) (a) A department or any section of a department of the
holiday for establishment may work in more than one shift at the discretion of the
worker. employer and if more than one shift is worked, the worker may be required
to work in any shift at the discretion of the employer.
(b) An establishment may be kept open for business on all days in a week
subject to the condition that every worker shall be allowed weekly holiday of
at least twenty-four consecutive hours of rest.
(c) If a worker is denied weekly holiday, the compensatory leave in lieu
thereof shall be given within two months of such weekly holiday.
(d) The period and hours of work in a week for all classes of workers in
such shift shall be informed well in advance to all workers in writing and
shall be sent to the Facilitator electronically or otherwise.
(e) Where a worker is required to work on a day of his rest, he shall be
entitled to wages at the rate of twice his ordinary rate of wages.
(2) No deduction shall be made from the wages of any worker in an
establishment on account of any day on which it has been a weekly holiday
under this section. If a worker is employed on a daily wage, he shall
nonetheless be paid his daily wage for the day of his weekly off. If a worker is
paid a piece rated wage, he shall nonetheless be paid his wage for the day of
his weekly holiday, at a rate equivalent to the daily average of his wages for
the days on which he has actually worked during the six days preceding such
holiday, exclusive of any earning in respect of overtime:
Provided that, nothing in this sub-section shall apply to any worker whose
total period of continuous employment is less than six days.
Employer to 17. The employer of an establishment shall furnish to every worker an
furnish identity card which shall be produced by the worker on demand by Facilitator.
identity card
to worker.
Such card shall contain the following and such other particulars as may be
prescribed, namely :—
(a) the name of the employer ;
(b) the name, if any, and the postal address, of the establishment;
(c) the name and age of the worker;
(d) date of joining, department, nature of work, designation;
(e) the signature (with date) of the employer or manager;
(f) Blood Group;
(g) Aadhaar Card Number.
CHAPTER IV
LEAVE WITH PAY AND PAYMENT OF WAGES
Leave. 18. (1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days casual leave with wages
in every calendar year which shall be credited into the account of the
worker on a quarterly basis, but shall laps if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty
days or more in an establishment during a calendar year shall be allowed
during the subsequent calendar year, leave with wages for a number of days
calculated at the rate of one day for every twenty days of work performed by
him during the previous calendar year.
(4) Subject to the provision of clause (3) every worker, who has been
employed for not less than three months in any year, shall for every sixty
days on which he has worked during the year be allowed leave, consecutive
or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave upto a
maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section
(3) which is due when applied fifteen days in advance, then the worker shall
have a right to encash leave in excess of forty-five days:
Provided that, if a worker is entitled to leave other than causal and
festival leave under this section, is discharged by his employer before he has
been allowed the leave, or if, having applied for and having been refused the
leave, he quits his employment on account of retirement, resignation, death
or permanent disability, the employer shall pay him full wages for the period
of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar
year, namely, 26th January, 1st May, 15th August and 2nd October and four
such other festival holidays as may be agreed to between the employer and
the workers as per the nature of business, before the commencement of the
year. For holiday on these days, he shall be paid wages at a rate equivalent to
the daily average of his wages (excluding overtime), which he earns during
the month in which such compulsory holidays falls:
Provided that, the employer may require any worker to work in the
establishment on all or any of these days, subject to the conditions that for
such work the worker shall be paid double the amount of the daily average
wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),—
(a) any days of lay-off, by agreement or contract or as permissible
under the model standing orders or standing order certified under
26 of Industrial Employment (Standing Orders) Act, 1946;
1946.
(b) in the case of a woman worker, maternity leave as provided for
53 of in the Maternity Benefits Act, 1961;
1961.
(c) the leave earned in the year prior to that in which the leave is
availed; or
(d) the worker has been absent due to temporary disablement caused
by accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any
establishment for the purpose of computation of the period of two hundred
and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all
holidays whether occurring during or either at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under
sub-sections (3) and (4) at a rate equivalent to the daily average of his wages
for the days on which he actually worked during the preceding three months,
exclusive of any earnings in respect of overtime.
CHAPTER V
WELFARE PROVISIONS
19. (1) Every employer shall take such measures relating to the health Health and
and safety of the workers including cleanliness, lighting, ventilation and safety of
workers.
prevention of fire as may be prescribed.
(2) Every employer shall be responsible for providing constant adequate
supervision of the workers employed in the establishment and to ensure the
compliance with the rules relating to health and safety made under sub-
section (1) and for taking steps necessary to prevent accidents.
¦ÉÉMÉ +É`-----145-----3+
First-aid. 20. Every employer shall provide at the place of work first-aid facilities
as may be prescribed.
Drinking 21. The employer shall make effective arrangements to provide and
water. maintain at suitable points conveniently situated for all persons employed
in the establishment, a sufficient supply of wholesome drinking water.
Latrines and 22. The employer shall provide sufficient latrine and urinal for men
urinals. and women as may be prescribed and these shall be so conveniently situated
as may be accessible for the workers employed in the establishment :
Provided that, several employers may provide common facilities of
latrines and urinals, in case it is not possible, in an establishment due to
constraint in space or otherwise.
Creche 23. In every establishment wherein fifty or more workers are employed,
facility. there shall be provided and maintained a suitable room or rooms as crèche
for the use of children of such workers :
Provided that, if a group of establishments, so decide to provide a
common crèche within a radius of one kilometre, then, the same shall be
permitted by the Chief Facilitator, subject to such conditions as may be
specified in the order.
Canteen. 24. The State Government shall require the employer to provide and
maintain in the establishment, wherein not less than one hundred workers
are employed or ordinarily employed to maintain a canteen for the use of its
workers :
Provided that, if a group of establishments, so decide to provide a
common canteen, then the same shall be permitted by the Chief Facilitator
by an order, subject to such conditions as may be specified in the order.
Maintenance 25. (1) Every employer shall maintain such registers and records, as
of registers may be prescribed.
and records.
(2) The records may be maintained electronically or manually :
Provided that, at the time of inspection by a Facilitator, a hard copy of
such records if demanded, shall be submitted duly signed by the employer or
his representative.
(3) Every employer and in his absence the manager shall on demand
produce for inspection of Chief Facilitator and Facilitators all registers,
records and notices required to be kept under and for the purposes of this Act.
(4) All such registers and records shall be kept in the premises of the
establishments to which they relate.
Annual 26. The employer of an establishment shall furnish an annual return,
Return. in such a form and in such manner (including electronic form), to such
authority as may be prescribed.
CHAPTER VI
ENFORCEMENT AND INSPECTION
Provisions for 27. Notwithstanding anything contained in this Act, the State
handing over Government may, from time to time, by notification in the Official Gazette,
enforcement
of Act to local without the necessity of giving any further notice or reasons, declare that
authorities. any local authority or authorities or class of local authorities specified in
such notification shall perform the duty of enforcing the provisions of this
Act from a date specified in that notification. From such date, it shall be the
duty of that local authority to enforce the provisions of the Act, in respect of
the areas subject to the jurisdiction of such local authorities, subject to such
supervision of the State Government, as may be prescribed.
28. (1) The State Government may, by notification in the Official Appointment
of Chief
Gazette, appoint a Chief Facilitator who shall, in addition to the powers Facilitator
conferred on a Chief Facilitator under this Act, exercise the powers of a and Facilita-
Facilitator throughout the State. tors and their
powers.
(2) The State Government may, by notification in the Official Gazette,
appoint such persons who possess such qualification as may be prescribed,
to be the Facilitator or Facilitators, for the purposes of this Act, and may
assign to them such local limits as it may think fit.
(3) The State Government may prescribe a scheme for randomize
inspection of establishments which shall provide for generation of a web-
based inspection schedule.
(4) Subject to such conditions as may be prescribed, a Facilitator may,
within the local limits for which he is appointed—
(i) advice the employers and workers and provide them such
information as may be considered necessary for complying with the
provisions of this Act effectively;
(ii) inspect the establishment in accordance with the scheme for
inspection referred to in sub-section (3), and may—
(a) enter, at all reasonable time and with such assistants, if
any, being persons in the service of the Government or of any local
authority as he thinks fit, any place which is or which he has reason
to believe is an establishment;
(b) make such examination of the premises and of any prescribed
registers, records and notices, and take on the spot or otherwise
evidence of any persons as he may deem necessary for carrying out
the purposes of this Act;
(c) examine any person who is found in any premises of the
establishment and whom, the Facilitator has reasonable cause to
believe, is a worker of the establishment;
(d) require any person to give any information, which is in his
power to give with respect to the names and addresses of the persons;
(e) search, seize or take copies of such register, record of wages
or notices or portions thereof as the Facilitator may consider
relevant in respect of an offence under this Act and which the
Facilitator has reason to believe has been committed by the
employer;
(f) bring to the notice of the State Government defects or abuses
not covered by the law for the time being in force; and
(g) exercise such other powers, as may be prescribed :
Provided that, no person shall be compelled under this section
to answer any question or give any evidence tending to incriminate
himself.
(5) The Chief Facilitator shall apart from exercising all the powers and
functions of the Facilitator control and supervise the functioning of the
Facilitator and may assign or reassign the area of work of the Facilitator
subject to the jurisdiction of the local area.
(6) Any person required to produce any document or to give any
information required by Chief Facilitator and Facilitator appointed under
sub-sections (1) and (2) shall be deemed to be legally bound to do so within
45 of the meaning of sections 175 and 176 of the Indian Penal Code.
1860.
(7) The provisions of the Code of Criminal Procedure, 1973 shall, so far 2 of
as may be, apply to the search or seizure under sub-clause (e) of clause (ii) of 1974.
sub-section (4) as they apply to the search or seizure made under the authority
of a warrant issued under section 94 of the said Code.
(8) Every Chief Facilitator and Facilitators appointed under sub-sections
(1) and (2) shall be deemed to be a public servant within the meaning of section 45 of
21 of the Indian Penal Code. 1860.
CHAPTER VII
OFFENCES AND PENALTIES
Penalty for 29. (1) Whoever, contravenes the provisions of this Act or the rules
contravention made thereunder shall be punishable with fine which may extend to one
of provisions lakh rupees and in the case of a continuing contravention, with an additional
of this Act.
fine which may extend to two thousand rupees for every day during which
such contravention continues :
Provided that, the total amount of fine shall not exceed two thousand
rupees per workers employed.
(2) If any person who has been convicted of any offence punishable under
sub-section (1) is again guilty of an offence involving a contravention or failure
of compliance of the same provision, he shall be punished on a subsequent
conviction with fine which may extend to two lakh rupees :
Provided that, the total amount of fine shall not exceed two thousand
rupees per workers employed.
Penalty for 30. Save as otherwise expressly provided in this Act, where an employer
contravention
of provisions
on being held guilty of contravention of any of the provisions of this Act or
of this Act any rules made thereunder which has resulted in an accident causing serious
which bodily injury or death of a worker, he shall, on conviction, be punished with
resulted in
accident. imprisonment which may extend to six months, or with fine which shall not
be less than two lakh rupees and which may be extended to five lakh rupees,
or with both.
Penalty for 31. (1) Whoever, wilfully obstructs the Facilitator in exercise of any
obstructions
or refusal to powers conferred on him by or under this Act or refuses or wilfully neglects
provide to afford a Facilitator any reasonable facility for making any inspection,
register, etc.
examination, inquiry or investigation authorized by or under this Act in
relation to an establishments, shall, on conviction, be punished with fine
which may extend to two lakh rupees.
(2) Whoever, wilfully refuses to produce on the demand of a Facilitator
any register or other document kept in pursuance of this Act or the rules
made thereunder or prevents or attempts to prevent or does anything which
he has reason to believe to prevent any person from appearing before, or
being examined by, a Facilitator acting in pursuance of his duties under this
Act, shall, on conviction, be punished with fine which may extend to two lakh
rupees :
Provided that, total amount of fine shall not exceed two thousand rupees
per worker employed.
Cognizance of 32. (1) No Court shall take cognizance of any offence punishable under
offences.
this Act and the rules made thereunder unless a complaint in respect thereof
is made by the Facilitator within three months of the date on which the alleged
commission of the offence came to the knowledge of the Facilitator :
Provided that, where the offence consists of disobeying a written order
made by a Facilitator, complaint thereof may be made within six months of
the date on which the offence is alleged to have been committed.
(2) No Court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the First Class shall try any offence punishable under this Act
or the rules made thereunder.
33. (1) Any offence punishable under this Act, not being an offence Compounding
punishable with imprisonment only, or with imprisonment and also with of offences.
fine, may, on an application of the accused person, either before or after the
institution of any prosecution, be compounded by a Gazetted Officer, as the
State Government may, by notification, specify, with fine provided for such
offence, in the manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence
committed by a person for the second time or thereafter within a period of
five years from the date—
(a) of commission of a similar offence which was earlier compounded;
(b) of commission of similar offence for which such person was earlier
convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers
to compound an offence, subject to the direction, control and supervision of
the State Government.
(4) Every application for the compounding of an offence shall be made in
such form and manner as may be prescribed.
(5) Where any offence is compounded before the institution of any
prosecution, no prosecution shall be instituted in relation to such offence,
against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of
any prosecution, such composition shall be brought by the officer referred to
in sub-section (1) in writing, to the notice of the Court in which the prosecution
is pending and on such notice of the composition of the offence being given,
the person against whom the offence is so compounded shall be discharged.
(7) Any person who fails to comply with an order made by the officer
referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty
per cent. of the maximum fine provided for the offence, in addition to such
fine.
(8) No offence punishable under the provisions of this Act shall be
compounded except under and in accordance with the provisions of this
section.
CHAPTER VIII
MISCELLANEOUS
34. The State Government may, by notification in the Official Gazette, Power to
exempt from the operation of all or any of the provisions of this Act or rules, exempt.
any establishment or class thereof or any employer or worker or person or
class of employers or workers or persons to whom this Act applies for any
period on such terms and conditions, as it may thinks fit.
Rights and 35. Nothing in this Act shall affect any right or privileges which a
privileges worker in any establishment is entitled to at the date of commencement of
under other
laws etc., not this Act under any other law, contract, custom or usage applicable to such
affected. establishment or any award, settlement or agreement binding on the employer
and the worker in such establishment, if such rights or privileges are more
favourable to him than those to which he would be entitled under this Act.
Protection of 36. No suit, prosecution or legal proceedings shall lie against any person
action taken
in good faith. for anything which is in good faith done or intended to be done under this
Act.
Power to 37. (1) The State Government may, by notification in the Official
make rules.
Gazette, make rules to carry out the purposes of this Act.
(2) All rules made under this Act shall be subject to the condition of
previous publication.
(3) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session
for a total period of thirty days, which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session in
which it is so laid or the session or sessions immediately following, both
Houses agree in making any modification in any rule or both Houses agree
that the rule should not be made, and notify their decision to that effect in
the Official Gazette, the rule shall, from the date of publication of such decision
in the Official Gazette, have effect only in such modified form or be of no
effect, as the case may be, so however that, any such modification or annulment
shall be without prejudice to the validity of anything previously done or
omitted to be done under that rule.
Power to 38. (1) If any difficulty arises in giving effect to the provisions of this
remove Act, the State Government may, as occasion arises, by an order published in
difficulties.
the Official Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for the purposes of
removing the difficulty :
Provided that, no such order shall be made after the expiry of the period
of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
Repeal of 39. On and from the date of commencement of this Act, the Maharashtra LXXIX
Maharashtra Shops and Establishments Act, shall stand repealed : of 1948.
Shops and
Establish- Provided that,—
ments Act. (a) every appointment order, rule, bye-law, regulation, notification,
registration or notice made, issued or given under the provisions of the
Act so repealed shall, in so far as it is not inconsistent with the provisions
of this Act, be deemed to have been made, issued or given under the
provisions of this Act, unless and until superseded by any appointment,
order, rule, bye-law, regulation, notification or notice made, issued or
given under this Act ;
(b) any proceeding relating to the trial of any offence punishable
under the provisions of the Act so repealed shall be continued and
completed as if the said Act had not been repealed but had continued in
operation and any penalty imposed on such proceedings shall be
recovered under the Act so repealed.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT
GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
1
AS INTRODUCED IN LOK SABHA
Bill No. 205 of 2017
THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017

A
BILL
further to amend the Payment of Gratuity Act, 1972.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Payment of Gratuity (Amendment) Act, 2017. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
5 notification in the Official Gazette, appoint.
39 of 1972 2. In the Payment of Gratuity Act, 1972 (hereinafter referred to as the principal Act), Amendment of
in section 2, for clause (k), the following clause shall be substituted, namely:— section 2.
'(k) "notification" means a notification published in the Official Gazette and the
expression "notified" shall be construed accordingly;'.
10 3. In section 2A of the principal Act, in sub-section (2), in the Explanation, in Amendment of
clause (iv), for the words "twelve weeks", the words "such period as may be notified by the section 2A.
Central Government from time to time" shall be substituted.
4. In section 4 of the principal Act, in sub-section (3), for the words "ten lakh rupees", Amendment of
the words "such amount as may be notified by the Central Government from time to time" section 4.
15 shall be substituted.
STATEMENT OF OBJECTS AND REASONS
The Payment of Gratuity Act, 1972 (the Act) was enacted to provide for a scheme for
the payment of gratuity to employees engaged in factories, mines, oilfields, plantations,
ports, railway companies, shops or other establishments who have rendered a minimum five
years of continuous service with the establishment employing ten or more persons. The
calculation of gratuity amount is based on a formula, which is fifteen days of wages for each
year of completed service, subject to a ceiling. The present ceiling, as provided under
section 4 of the Act is rupees ten lakhs which was fixed in the year 2010.
2. The period of twelve weeks of maximum maternity leave presently provided in
section 2A of the Act for the purpose of calculating continuous service under the Act is on
the basis of period of maximum maternity leave as provided in the Maternity Benefit Act,
1961. The maximum maternity leave under the Maternity Benefit Act, 1961 has been enhanced
from twelve weeks to twenty-six weeks by the Maternity Benefit (Amendment) Act, 2017. It
is therefore proposed to empower the Central Government to enhance the period of existing
twelve weeks to such period as may be notified by it.
3. The provisions contained in the Central Civil Services (Pension) Rules, 1972 for
Central Government employees with regard to gratuity are similar to the provisions contained
in the Act. After implementation of the 7th Central Pay Commission, the ceiling of gratuity
for Central Government employees has been enhanced from rupees ten lakhs to rupees twenty
lakhs. In the past, the ceiling amount of gratuity under the Act has followed the Central Pay
Commission recommendations. Therefore, considering the inflation and wage increase even
in case of employees engaged in private and public sector, the entitlement of gratuity is also
required to be revised for employees who are covered under the Act. It has also been proposed
to empower the Central Government to notify the ceiling proposed, instead of amending the
said Act, so that the limit can be revised from time to time keeping in view the increase in
wage and inflation, and future Pay Commissions.
4. The Payment of Gratuity (Amendment) Bill, 2017, inter alia, proposes to amend—
(a) section 2A of the Act so as to empower the Central Government to notify the
period of maternity leave in case of female employee as deemed to be in continuous
service in place of existing twelve weeks;
(b) section 4 of the Act to substitute the words "ten lakh rupees" with the words
"such amount as may be notified by the Central Government from time to time".
5. The Bill seeks to achieve the above objects.
NEW DELHI; SANTOSH KUMAR GANGWAR

Dated, the 23rd October, 2017.
2
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill seeks to amend the provision relating to calculation of “continuous
service” for the purpose of gratuity in case of a female employee who has been on maternity
leave. It empowers the Central Government to notify the period of paid maternity leave for
the purposes of counting of “continuous service” under the Payment of Gratuity Act, 1972
by notification in the Official Gazette, from time to time.
2. Clause 4 of the Bill seeks to amend sub-section (3) of section 4 of the Act to substitute
the words “ten lakh rupees” with “such amount as may be notified by the Central Government
from time to time” which empowers the Central Government to notify the maximum amount
of gratuity admissible under the Act by notification in the Official Gazette from time to time.
3. The matters in respect of which notification may be issued by the Central Government
are matters of procedure or administrative details and it is not practicable to provide for this
in the Bill itself. The delegation of legislation is, therefore, of a normal character.
3
ANNEXURE
EXTRACTS FROM THE PAYMENT OF GRATUITY ACT, 1972
(39 OF 1972)
* * * * *
Definitions. 2. In this Act, unless the context otherwise requires,—
* * * * *
(k) "notification" means a notification published in the Official Gazettee;
* * * * *
Continuous 2A. For the purposes of this Act,—
service.
* * * * *
(2) Where an employee (not being an employee employed in a seasonal establishment)
is not in continuous service within the meaning of clause (1), for any period of one year or
six months, he shall be deemed to be in continuous service under the employer—
* * * * *
Explanation.—For the purposes of clause (2), the number of days on which an employee
has actually worked under an employer shall include the days on which—
(i) he has been laid-off under an agreement or as permitted by standing orders
made under the Industrial Employment (Standing Orders) Act, 1946, or under the 20 of 1946.
Industrial Disputes Act, 1947, or under any other law applicable to the establishment; 14 of 1947.
(ii) he has been on leave with full wages, earned in the previous year;
(iii) he has been absent due to temporary disablement caused by accident
arising out of and in the course of his employment; and
(iv) in the case of a female, she has been on maternity leave; so, however, that
the total period of such maternity leave does not exceed twelve weeks.
* * * * *
Payment of 4. (1) * * * * *
gratuity.
(3) The amount of gratuity payable to an employee shall not exceed ten lakh rupees.
* * * * *
4
LOK SABHA
————
A
BILL
further to amend the Payment of Gratuity Act, 1972.
————
(Shri Santosh Kumar Gangwar, Minister of State for Labour and Employment)
GMGIPMRND—2619LS—02-12-2017.
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION
New Delhi, the 28th November, 2017
G.S.R. 1466(E).—In exercise of the powers conferred under Section 35 of the Employee’s Compensation Act,
1923, the Central Government hereby makes the following rules further to amend the Workmen’s Compensation
(Transfer of Money) Rules, 1935, namely:-
1 (1) These rules may be called the Workmen’s Compensation (Transfer of Money) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Workmen’s Compensation (Transfer of Money) Rules, 1935 (hereinafter referred to as principal rules), in
rule 1, for the word “Workmen’s”, the word “Employee’s” shall be substituted;
3. Throughout the principal rules for the words “workman” and “workmen”, wherever they occur, the words
“employee” and “employees” shall respectively be substituted, and such other consequential amendments as the
rules of grammar may require, shall also be made.
[F. No. S-36025/01/2011-SS-I]
MANISH KUMAR GUPTA, Jt. Secy.
Footnote: The principal rules were notified vide Government of India, Department of Industries and Labour,
notification No. L-3033, dated the 13th March, 1935 and was last amended vide number G.S.R. 400, dated
the 20th June, 1991.
अिधसूचना
नई दली , 28 नव बर, 2017
(अ).—क ीय सरकार, कमचारी ितकर अिधिनयम, 1923 क धारा 21 क उपधारा (1) के अधीन दत
सा.का.िन. 1467(अ)
1467(अ).
( )
शितय का योग करते ए कमकार ितकर कायवाही 3थल िनयम, 1996 का और संशोधन करने के िलए िन िलिखत िनयम बनाती
है, अथात् :—
1. (1) इन िनयम का संि'(त नाम कमकार ितकर (कायवाही 3थल) संशोधन िनयम, 2017 है ।
(2) ये राजप+ म उनके काशन क तारीख को वृत हगे ।
2. (कायवाही 3थल) िनयम, 1996 म ‘कमकार’ श1द जहां कह2 वह आता है, के 3थान पर ‘कमचारी’ श1द
संपूण कमकार ितकर
रखा जाएगा और ऐसे अ4य पा5रणािमक संशोधन, जो 6ाकरण के िनयम 7ारा अपेि'त ह, भी कए जाएंगे ।
3. संपूण मूल िनयम म ‘कमकार’ , के 3थान पर ‘कमचारी’
श1द जहां कह2 वह आता है श1द रखा जाएगा और ऐसे अ4य
पा5रणािमक संशोधन, जो 6ाकरण के िनयम 7ारा अपेि'त ह, भी कए जाएंगे ।
[फा. सं. एस-36025/01/2011-एसएस-I]

,
मनीष कुमार गु9ा संयु: सिचव
पाद ट
पण : मूल िनयम भारत सरकार, >म मं+ालय क अिधसूचना सं. सा.का.िन. 451, तारीख 25 िसतंबर, 1996 7ारा कािशत
कए गए थे ।
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 3
NOTIFICATION
New Delhi, the 28th November, 2017
G.S.R. 1467(E).—In exercise of the powers conferred under sub-section (1) of section 21 of the Employee’s
Compensation Act, 1923, the Central Government hereby makes the following rules further to amend the Workmen’s
Compensation (Venue of Proceedings) Rules, 1996, namely:-
1 (1) These rules may be called the Workmen’s Compensation (Venue of Proceedings) Amendment Rules, 2017.
2. In the Workmen’s Compensation (Venue of Proceedings) Rules, 1996 (hereinafter referred to as principal rules),
in rule 1, for the word “Workmen’s” the word “Employee’s” shall be substituted;
3. Throughout the principal rules for the words ‘workman” and “workmen”, wherever they occur, the words
“employee” and “employees” shall respectively be substituted, and such other consequential amendments as the
rules of grammar may require, shall also be made.
[F. No. S-36025/01/2011-SS-I]
MANISH KUMAR GUPTA, Jt. Secy.
Footnote: The principal rules were notified vide Government of India, Ministry of Labour notification vide number
G.S.R. 451, dated the 25th September, 1996.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
REGD. NO. D. L.-33004/99
EXTRAORDINARY
II— — (i)
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
1035]
No. 1035] NEW DELHI, FRIDAY, DECEMBER 29, 2017/PAUSA 8, 1939
श्रम और रोजगार मंत्रालय

ऄधिसूचना
नइ दिल्ली, 29 दिसम्बर, 2017
सा.का.धन. 1593(ऄ).— कधिपय श्रम धिधियों के ऄिीन प्ररूपों और ररपोर्टों का सुव्यि्‍ ीकरन धनयम,
2017 का संशोिन करने के धलए कधिपय धनयमों का प्रारूप, भारि सरकार के श्रम और रोजगार मंत्रालय की
ऄधिसूचना सं. सा.का.धन. 1333(ऄ), िारीख 27 ऄक्िूबर, 2017 द्वारा भारि के राजपत्र, ऄसािारन, भाग II,
खंड 3, ईपखंड (i) में ईनसे द्वारा संभाव्य प्रभाधिि सभी व्यधक्ियों द्वारा ईस िारीख से जब ईक्ि ऄधिसूचना
ऄंिर्विष्र्ट करने िाले राजपत्र की प्रधियां जनसािारन को ईपल्‍ि करिाइ गइ ं, से िीस दिन की ऄिधि की
समाध‍ि से पूिआ अषेपेप और सुझाि अमंधत्रि करने के धलए प्रकाधशि दकए गए े ;
ईक्ि राजपत्र की प्रधियां जनसािारन को 27 ऄक्िूबर, 2017 को ईपल्‍ि करिाइ गइ ं ;
ईक्ि प्राुपप धनयमों के संबंि में जनसािारन से कोइ अषेपेप और सुझाि प्रा‍ि नहं ुएए ह ;
ऄिः, ऄब, के न्द्रीय सरकार, सूचना प्रौद्योधगकी ऄधिधनयम (2000 का 21) के ऄध्याय III के सा परिि;-
(i) िे का श्रम (धिधनयमन और ईत्सािन) ऄधिधनयम, 1970(1970 का 37) की िारा 35;
(ii) ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) ऄधिधनयम, 1979(1979 का 30)

की िारा 35;
(iii) भिन और ऄन्द्य सधिमाआन कामगार(धनयोजन और सेिा-शिआ धिधनयमन) ऄधिधनयम, 1996(1996 का 27)
की िारा 62 द्वारा प्रित्त शधियों का प्रयोग करिे ुएए ,धिशेषज्ञ सधमधि के सा परामशआ करने के पश्चाि्
धनम्नधलधखि धनयम बनािी ह, ऄ ाआि् :-
7459 GI/2017 (1)

1. (1) आन धनयमों का संधषेप‍ि नाम कधिपय श्रम ‎धिधियों के ऄिीन प्ररूपों और ररपोर्टों का सुव्यि्‍ ीकरन
(संशोिन) धनयम, 2017 ह।
(2) ये राजपत्र में प्रकाशन की िारीख को प्रिृि होंगे।

2. श्रम ‎धिधि के ऄिीन प्ररूपों और ररपोर्टों का सुव्यि‎्‍ ीकरन धनयम, 2017 में,-
(क) धनयम 2 में, ईप-धनयम (1) में, धनम्नधलधखि परं िुक ऄंि-्‍ ाधपि दकया जाएगा, ऄ ाआि्:-
“पंरिु यह दक के न्द्रीय सरकार, अिेश द्वारा, आन धनयमों के सा संलग्न ऄनुसच
ू ी में धिधनर्दिष्ट और आस अिेश में
धिधनर्दिष्र्ट कोइ प्ररूप, ईपरोि ऄधिधनयमनों और ईनके ऄिीन बनाए गए धनयमों के प्रयोजना आ श्रम और रोजगार
मंत्रालय के श्रम सुधििा पोर्टआल पर ऑनलाआन िजआ करने की ऄपेषेपा कर सकिी ह ।”;
(ख) ऄनुसूची में ‎प्ररूप XII के पश्चाि्, धनम्नधलधखि प्ररूप ऄंि:्‍ ाधपि दकया जाए, ऄ ाआि्:-
[प्ररूप XIII]
[िे का श्रम(धिधनयमन और ईत्सािन) के न्द्रीय धनयम, 1971 के धनयम 17(1); भिन और ऄन्द्य सधिमाआन
कमआकार(धनयोजन और सेिा-शिआ धिधनयमन) के न्द्रीय धनयम, 1998 के धनयम 23(1); ऄंिरराधययक प्रिासी
कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) के न्द्रीय धनयम, 1980 के धनयम 3(1) के ऄिीन]
िे का श्रम/प्रिासी कमआकारों/भिन कामगारों को धनयोधजि करने िाले ्‍ ापनों के रधज्‍रेशन हेिु अिेिन
्‍ ापन का ्‍यौरा
1. ्‍ ापन का नाम और ऄिध्‍ धि
2. ्‍ ापन का डाक पिा
3. ्‍ ायी खािा संख्या(पेन)/माल और सेिा कर पहचान संख्यांक (जीएसर्टीअइएन)/श्रधमक पहचान

संख्या(एलअइएन)
4. प्रिान धनयोिा/धनयोिा* का पूरा नाम और पिा
5. ्‍ ापन के पयआिेषेपन और धनयंत्रन के धलए ईत्तरिायी प्रबंिक या व्यधि का पूरा नाम और पिा।
6. ्‍ ापन में दकए जा रहे कायआ/भिन एिं ऄन्द्य सधिमाआन कायआ* की प्रकृ धि।
7. ्‍ ापन में दकसी दिन धनयोधजि दकए जाने िाले कमआकारों/भिन कामगारों* की ऄधिकिम संख्या।
8. भिन एिं ऄन्द्य सधिमाआन कायआ* के अरं भ की प्राक्कधलि िारीख।
9. भिन एिं ऄन्द्य सधिमाआन कायआ* की समाधि की प्राक्कधलि िारीख।
िे केिारों** का ्‍यौरा
क्र. नाम पीएएन/जीएसर्टीअइएन मोबाआल सं. इ-मेल अइडी कायआ की दकसी दिन कायआ के अरं भ कायआ पूनआ होने
सं. और /एलअइएन संख्या प्रकृ धि धनयोधजि दकए की की
पिा जाने िाले ऄनुमाधनि ऄनुमा‎धनि
कमआकारों की िारीख िारीख
ऄधिकिम संख्या
10. रधज्‍रीकरन फीस की रकम:
प्रिान धनयोिा/धनयोिा* के ह्‍िाषेपर

*जो लागू न हो ईसे कार्ट िें।
**प्रिान धनयोिा द्वारा भरा जाए।
II (i) 3
प्ररूपVIX-
एकीकृ ि िा‎र्वषक ‎धििरनी
[िे का श्रम ‎(धिधनयमन और ईत्सािन) कें रीय ‎धनयम, 1971 के ‎धनयम 82(1); भिन और ऄन्द्य सधिमाआन कमआकार
(‎धनयोजन और सेिा-शिआ ‎धि‎धनयमन) कें रीय ‎
धनयम 1998 के ‎धनयम 242; ि ा ऄंिररा‎धययक प्रिासी कमआकार
(‎धनयोजन का ‎धिधनयमन और सेिा-शिआ) कें रीय ‎धनयम, 1980 के ऄिीन]
क्रम संख्या- क: सािारन भाग:
(क) ्‍ ापन का
नाम.....................................................................................................................................
्‍ ापन का पिा: गृह सं./फ्लर्ट सं.........................................गली/‍लॉर्ट
सं.........................................................
ईपनगर............................‎धजला................................रायय........................‎धपनकोड...........................
...............
(ख) ‎धनयोजक का
नाम..................................................................................................................................
‎धनयोजक का
पिा..........................................................................................................................................
गृह सं./फ्लर्ट सं.........................................गली/‍लॉर्ट सं.........................................................
ईपनगर............................‎धजला................................रायय...........................‎धपनकोड........................
इमेल अइडी...................................................र्टेलीफोन
सं...................................मो.सं....................................
(ग) ‎्‍ ापन के पयआिषेप
े न और धनयंत्रन में धलए ईत्िरिायी प्रबंिक या व्यधक्ि का नाम
..................................................................................................................................
‎पिा..........................................................................................................................................
गृह सं./फ्लर्ट सं.........................................गली/‍लॉर्ट सं.........................................................
ईपनगर............................‎धजला................................रायय...........................‎धपनकोड.......................
इमेल अइडी...................................................र्टेलीफोन
सं...................................मो.सं....................................
क्रम संख्या II नीचे सारनी के ्‍िंभ (2) में ई‎धल्लधखि ऄ‎धिधनयमों के ऄिीन ‎धनयोजक का र‎धज्‍रीकरन/ऄनुज्ञ‎धि
संख्या:
क्रम नाम र‎धज्‍रीकरन य‎दि हां, र‎धज्‍रीकरन सं.
सं.
(1) (2) (3) (4)
1. भिन और ऄन्द्य सधिमाआन कमआकार (‎धनयोजन
और सेिा-शिआ ‎
धि‎
धनयम) ऄ‎धिधनयम, 1996
(1962 का 27)
2. िे का श्रम (‎
धि‎
धनयमन और ईत्सािन)
ऄ‎धिधनयम, 1970 (1970 का 37)

3. ऄंिररा‎धययक प्रिासी कमआकार (‎धनयोजन का
‎धिधनयमन और सेिा-शिआ) ऄ‎
धिधनयम, 1979
(1979 का 30)
4. कमआचारी भ‎
धिष्य ‎
धनधि और प्रकीनआ ईपबंि
ऄ‎धिधनयम, 1952 (1952 का 19)
5. कमआचारी रायय बीमा ऄ‎
(1948 का 34)
6. खान ऄ‎
धि‎
धनयम, 1952 (1952 का 35)
7. कारखाना ऄ‎
धिधनयम, 1948 (1948 का 63)
8. मोर्टर प‎
ररिहन कमआकार ऄ‎
(1961 का 27)
9. िुकान और ्‍ ापन ऄ‎
धिधनयम (सम्बधन्द्िि
ऄ‎धिधनयम)
10. ित्समय प्रिृत्त कोइ ऄन्द्य ‎
धिधि
क्र. सं. III प्रिान ‎

धनयोिा, िे केिार और िे का श्रधमक के ्‍यौरे
1. िे केिार के ्‍ ापन के मामले में प्रिान ‎धनयोजक का नाम
2. ्‍ ापन के प्रारं भ होने की िारीख

3. िषआ के िौरान ्‍ ापन में लगे ुएए िे केिारों की संख्या
4. िषआ के िौरान कु ल ‎दिनों की संख्या ‎धजनको िे का श्रम ‎धनयो‎धजि
‎दकया गया ा
5. िषआ के िौरान िे का श्रम द्वारा ‎दकए गए कायआ के श्रम ‎दििसों की कु ल
संख्या
6. प्रबंिक ऄ‎धभकिाआ (खानों के मामले में) का नाम
7. पिा: गृह सं./फ्लर्ट सं..................... गली/‍लॉर्ट सं.................
ईपनगर............................................... ‎धजला.................................
रायय.............................. धपनकोड.......................................................
इमेल अइडी................................................र्टेलीफोन सं.......................
मो.सं..................................
क्र. सं. IX कायआ ‎दििस और सिाह ‎दििस:

1. िषआ के िौरान कायआ ‎दििसों की संख्या
2. िषआ के िौरान कायआ ‎दकए श्रमों- दििसों की संख्या
3. कायआ के ि‎धनक घण्र्टे
II (i) 5
4. ‎धिश्राम का सािा‎धहक ‎दििस
क्र.सं. X िषआ के िौरान ‎दकसी ‎दिन में ‎धनयो‎धजि व्य‎धियों की ऄ‎धिकिम संख्या:
क्र.सं. पुुपष स्त्री ‎दकशोर (14 िषआ से 18 बालक (14 िषआ की योग
िषआ के बीच) अयु से कम)
क्र.सं. XI मजिूरी िर (प्रिगआिार):
प्रिगआ मजिूरी कमआकारों की संख्या

की िर ‎धनय‎धमि िे का
पुुपष स्त्री बालक ‎दकशोर पुुपष स्त्री बालक ‎दकशोर
ऄ‎धि कु शल
कु शल
ऄिआ कु शल
ऄकु शल
क्र.सं. XII (क) संिायों के ्‍यौरे :-
संित्त सकल मजिूरी कर्टौिी संित्त शुद्ध मजिूरी

नकि रूप में ि्‍िु रूप में जुमाआना नुकसान या ऄन्द्य नकि रूप में ि्‍िु रूप में
हा‎धन के ‎धलए
कर्टौिी
(ख) ऐसे कमआकारों की संख्या ‎धजन्द्हें िषआ के िौरान मजिूरी स‎धहि छु ट्टी प्रिान की गइ ी:
क्र. सं. िषआ के िौरान कमआकारों की संख्या मजिूरी स‎धहि छु ट्टी मंजूर की गइ
क्र. सं. XIII कानूनी ्‍कीमों के ऄिीन प्रिान की गइ ‎धि‎धभि कल्यानकारी सुख-सु‎धििाओं के ्‍यौरे :
क्र.सं. प्रिान की गइ ‎धिधभि कल्यानकारी सुख-सु‎धििाओं की प्रकृ ‎धि कानूनी (प‎ररधनयम ‎धिधनर्दिष्ट करें )
क्रम सं. IV ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) ऄधिधनयम, 1979 (1979 का
30) ि ा ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) के न्द्रीय धनयम, 1980:
िषआ के िौरान कायआ या पररचालन धनयोधजि िषआ के िौरान ईन ऄंिरराधययक

्‍ ापन में काम की प्रकृ धि धजसमें ऄंिरराधययक प्रिासी दिनों की कु ल संख्या प्रिासी कमआकारों
करने िाले ऄंिरराधययक प्रिासी कमआकारों की धजनमें प्रिासी द्वारा काम दकए
िे केिारों की संख्या कमआकारों को ऄधिकिम संख्या कमआकारों की जाने के श्रम-दििसों
धनयोधजि दकया गया धनयोधजि दकया गया की कु ल संख्या
ा
1. 2. 3. 4. 5.
सं .V भिन और ऄन्द्य सधिमाआन कमआकार धनयोजन)ि ा सेिा-शिआ धिधनयमन 1996 ,ऄधिधनयम (ि ा भिन एिं ऄन्द्य सधिमाआन कमआकार
धनयोजन और)सेिा-शिआ का धिधनयमन1998 ,के न्द्रीय धनयम (:
ऄ िषआ के िौरान दकसी दिन धनयोधजि भिन कामगारों की ऄधिकिम संख्या

अ िषआ के िौरान ुएइ िुघआर्टनाओं की संख्या
आ (i) ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप 48 घंर्टों से कम समय
के भीिर भिन कामगार ऄपंग ुएए
(ii) आसमें शा‎धमल भिन कामगारों की संख्या
(iii)नष्ट ुएए श्रम-दििसों की संख्या
इ (i) ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप 48 घंर्टों के बाि भिन
कामगार ऄपंग ुएए लेदकन धजनके पररनाम्‍िरूप कोइ ्‍ ायी अंधशक या
्‍ ायी पूनआ ऄपंगिा नहं ुएइ
(iii) आन िुघआर्टनाओं के कारन नष्ट ुएए श्रम-दििसों की संख्या
ई (i) ईन िुघआर्टनाओं की संख्या धजनके पररनाम्‍िरूप ्‍ ायी अंधशक या पूनआ
ऄपंगिा ुएइ
(iii) आन िुघआर्टनाओं के कारन नष्ट ुएए श्रम-दििसों की संख्या
उ ईन िुघआर्टनाओं की संख्या धजनसे पररनाम्‍िरूप भिन कामगारों की मृत्यु
ुएइ ि ा पररनामी मौिों की संख्या
ऊ िारीखें िशाआिे ुएए रधज्‍रीकरन के अिेिन में रधज्‍रीकरन ऄधिकारी के
समषेप प्र्‍िुि ्‍ ापन के प्रबंिन, आसकी ऄिध्‍ धि, या ऄन्द्य दकन्द्हं धििरनों
में पररििआन, यदि कोइ हो
घोषना
प्रमा‎धनि ‎दकया जािा ह ‎दक ईपरोि जानकारी सत्य और सही ह और मैं यह भी प्रमा‎धनि करिा हं ‎दक मैंने ऄपने
्‍ ापन पर लागू श्रम ‎धिधियों के सभी ईपबंिों का ऄनुपालन ‎दकया ह।
्‍ ान....................................... िारीख................................ यहां ह्‍िाषेपर
करें ........................................
[ फा. सं. एस-16011/04/2017-एलड्‍ल्यू(ए)(i)]
राधजि पुनहानी, संयुि स‎धचि एिं महा‎धनिेशक (श्रम कल्यान)
II (i) 7
‎रर्ट‍पन: क‎धिपय श्रम ‎धिधि के ऄिीन प्ररूपों और ‎ररपोर्टों का सुव्यि्‍ ीकरन धनयम, 2017 ऄ‎धिसूचना संख्या
सा.का.‎‎धन.294(ऄ), िारीख 28 माचआ, 2017 द्वारा भारि के राजपत्र, ऄसािारन, भाग II, खण्ड 3,
ईपखण्ड(i) में प्रका‎धशि ‎दकये गये ।े
NOTIFICATION
New Delhi, the 29th December, 2017
G.S.R. 1593(E).— Whereas, a draft of certain rules to amend the Rationalisation of Forms and
Reports under Certain Labour Laws Rules, 2017 was published vide notification of the Government of India
in the Ministry of Labour and Employment number G.S.R. 1333(E), dated the 27th October, 2017, in the
Gazette of India, Extraordinary, Part II, section 3, sub-section (i), inviting objections and suggestions from all
persons likely to be affected thereby on or before the expiry of a period of thirty days from the date on which
the copies of the Official Gazette containing the said notification were made available to the public;
And whereas, the copies of the said Official Gazette were made available to the public on the 27 th
October, 2017;
And whereas, no objections and suggestions were received from public on the said draft rules;
Now, therefore, in exercise of the powers conferred by,-
(a) section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
(b) section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979); and
(c) section 62 of the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 (27 of 1996), after consultation with the expert committee,
read with Chapter III of the Information Technology Act, 2000 (21 of 2000), the Central Government
hereby makes the following rules, namely:-
1. (1) These rules may be called the Rationalisation of Forms and Reports under Certain Labour Laws
(Amendment) Rules, 2017.
2. In the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017,-
(a) in rule 2, in sub-rule (1), the following proviso shall be inserted, namely:-
“Provided that the Central Government may, by order, require that such Forms specified in the
Schedule annexed to these rules and specified in that order shall be filed online on the Shram Suvidha
Portal of the Ministry of Labour and Employment for the purposes of the aforesaid enactments and the
rules made thereunder.”;
(b) In the Schedule after Form XII, the following Forms shall be inserted, namely:-
“FORM XIII
[Under rule 17(1) of the Contract Labour (Regulation and Abolition) Central Rules,1971;
rule 23(1) of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of
Service) Central Rules, 1998; and rule 3(1) of the Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Central Rules, 1980]
APPLICATION FOR REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT

LABOUR OR MIGRANT WORKMEN OR BUILDING WORKERS
Details of Establishment
1. Name and location of the establishment:

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:
6. Nature of work or building or the other construction work* carried on in the establishment:
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 Name PAN/GSTIN/ Mobile e- Nature Maximum Estimated date Estimated
Number and LIN Number Number mail of number of of date of
Address ID work workmen commencement completion
to be of work of work
employed
on any
day.
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.
FORM-XIV
UNIFIED ANNUAL RETURN
[Under rule 82(1) of the Contract Labour (Regulation and Abolition) Central Rules,1971;
rule 242 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of
Service) Central Rules, 1998; and rule 56 of the Inter-State Migrant Workmen (Regulation of Employment
and Conditions of Service) Central Rules, 1980]
S.No. I. General part:
(a) Name of the establishment __________________________________________

Address of the establishment: House no./Flat No. __________ Street/ Plot No._____
Town______ District_______ State_____ Pin Code_____
II (i) 9
(b) Name of the employer ______________________________________________
Address of the employer: House no./Flat No.___________Street/ Plot No._____ Town______
District_______ State________ Pin Code _____________________
E-mail ID_______________Telephone No. ____________Mobile No.__________
(c) Name of the manager or person responsible for supervision and control of the establishment
____________________________________________________
Address: House No./Flat No.________________Street/Plot No.__________ Town______
District____________State__________Pin Code________________
E-mail ID ______________Telephone No.__________Mobile No._____________
S.No. II Employer’s registration and license number under the Acts mentioned in column (2) of the
Table below:
S.No Name Registration If yes (Registration

No.)
(1) (2) (3) (4)

1. Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 (27 of 1996)
2. Contract Labour (Regulation and Abolition) Act, 1970 (37 of

1970)
3. Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979 (30 of 1979)
4. Employees Provident Funds and Miscellaneous Provisions Act,
1952 (19 of 1952)
5. Employees’ State Insurance Act, 1948 (34 of 1948)
6. Mines Act, 1952 (35 of 1952)
7. Factories Act, 1948 (63 of 1948)

8. Motor Transport Workers Act, 1961 (27 of 1961)
9. Shops and Establishments Act (Respective State Act).
10. Any other law for the time being in force.
S. No. III Details of principal employer, contractor and contract labour:
1. Name of the principal employer in the case of a

contractor’s establishment.
2. Date of commencement of the establishment.
3. Number of contractors engaged in the establishment
during the year.
4. Total number of days during the year on which contract

labour were employed.
5. Total number of man-days worked by contract labour
during the year.
6. Name of the Manager Agent ( In case of mines).
7. Address House No./Flat No.________Street/Plot No. _________Town_______

District_______ State_________Pin Code ______________
E-mail ID ____________Telephone Number_______________ Mobile
Number______________________
S. No. IV Working hours and week day:
1. Number of working days during the year.

2. Number of man-days worked during the year.
3. Daily hours of work.
4. Weekly day of rest.
S.No. V Maximum number of persons employed in any day during the year:
Sl. Males Females Adolescents (between Children Total

No. the age of 14 to 18 (below 14 years of age.)
years.)
S.No. VI Wage rates (Category wise):
Category Rates of Number of workers

Wages Regular Contract
Male Female Children Adolescent Male Female Children Adolescent
Highly
Skilled
Skilled
Semi-
skilled
Un-
skilled
S.No.VII (a) Details of payments:
Gross wages paid Deductions Net wages paid

In cash In kind Fines Deductions for damage Others In cash In kind
or loss
II (i) 11
(b) Number of workers who were granted leave with wages during the year:
Sl. No. During the year Number of workers Granted leave with wages
S.No.VIII Details of various welfare amenities provided under the statutory schemes:
Sl. Nature of various welfare amenities provided Statutory (specify the statute)
No.
S.No. IX The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act,
1979 (30 of 1979) and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Central Rules, 1980:
Number of Nature of work or Maximum number Total number of Total number of

Contractors operation in which of inter-State days during the man-days of inter-
worked in the inter-state migrant migrant workmen year on which State migrant
establishment workmen were employed migrant workmen workmen worked
during the year employed were employed
(1) (2) (3) (4) (5)

No. X Building and Other Construction Workers (Regulation of Employment and Condition of
Service) Act, 1996 (27 of 1996) Building and Other Construction Workers (Regulation of
Employment and Condition of Service) Central Rules, 1998:
A Maximum number of building workers employed on any day

during the year
B The number of accidents that took place during the year
C (i) The number of accidents resulting in disablement of building

workers for less than 48 hours
(ii)The number of building workers involved
(iii)The number of man-days lost
D (i) The number of accidents resulting in disablement of
building workers beyond 48 hours but not resulting in any
permanent partial or permanent total disablement
(ii) The number of building workers involved
(iii)The number of man-days lost on account of such accidents
E (i) The number of accidents resulting in permanent partial or
total disablement
(ii) The number of building workers involved
(iii)The number of man-days lost on account of such accidents.
F The number of accidents resulting in deaths of building workers
and the number of resultant deaths
G Change, if any, in the management of the establishment, its
location, or any other particulars furnished to the Registering
Officer in the application for Registration indicating also the
dates
DECLARATION
It is to certify that the above information is true and correct, and I also certify that I have complied with all
the provisions of Labour Laws applicable to my establishment.
PLACE________________ DATE______________ SIGN. HERE______________.”.
[F. No. S-16011/04/2017-LW (A)(i)]

RAJIT PUNHANI, Jt. Secy. &Director-Genl. (Labour Welfare)
Note: The Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017 was published in the
Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R.
294(E),dated the 28th March,2017.
jftLVªh laö Mhö ,yö&33004@99 REGD. NO. D. L.-33004/99
vlk/kj.k
EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (i)
izkf/dkj ls izdkf'kr
la- 1036] ubZ fnYyh] 'kqØokj] fnlEcj 29] 2017@ikS"k 8] 1939
No. 1036] NEW DELHI, FRIDAY, DECEMBER 29, 2017/PAUSHA 8, 1939
म और रोजगार मंालय
नई दली, 29 दस
बर, 2017
1594(अ).
(अ).— भारत के राजप, असाधारण, भाग II, खंड 3, उप-खंड (i) म कािशत भारत सरकार के
म और रोजगार मंालय क$ अिधसूचना सं. सा.का.िन. 133 4(अ), *ारा तारीख 27 अ.ू बर, 2017 को उन सभी 1ि.य2
से, िजनके उससे भािवत होने क$ संभावना थी, उस तारीख से, िजसको उ. अिधसूचना से यु. राजप क$ ितयां जनता
को उपबध करा दी गई थी, तीस दन क$ समाि7 से पहले आ9ेप और सुझाव आमंित करते ;ए, ठे का म (िविनयमन और
उ?सादन) अिधिनयम, 1970 (1970 का 37) क$ धारा 35 क$ उप-धारा (1) क$ अपे9ानुसार ठे का म (िविनयमन और
उ?सादन) के CDीय िनयम, 1971 का और संशोधन करने के िलए कितपय िनयम2 का एक ाEप कािशत कया गया था ;
और, राजप क$ ितयां, िजसम उ. अिधसूचना कािशत क$ गई थF , 27 अGतूबर, 2017 को जनता को उपलHध
करा दी गई थF ;
और, उ. ाEप िनयम2 के संबंध म जनता से कोई आ9ेप और सुझाव ा7 नहF ;ए थे ;
अतः, अब, के CDीय सरकार ठे का म (िविनयमन और उ?सादन) अिधिनयम, 1970 (1970 का 37) क$ धारा 35
*ारा दJ शि.य2 का योग करते ;ए, ठे का म (िविनयमन और उ?सादन) के CDीय िनयम, 1971 का और संशोधन करने के
िलए िनKिलिखत िनयम बनाती है, अथाMत् :—
1. (1) इन िनयम2 का संि97 नाम ठे का म (िविनयमन और उ?सादन) के CDीय (ि*तीय संशोधन) िनयम, 2017 है ।
(2) ये राजप म उनके काशन क$ तारीख को वृJ ह2गे ।
2. ठे का म (िविनयमन और उ?सादन) के CDी य (संशोधन) िनयम, 1971 म,—
(क) िनयम 17 के उपिनयम (1) म “Eप 1 म” शHद2 और अंक2 से Rथान पर “कितपय म िविध िनयम, 2017 के
अधीन Eप2 और SरपोटU के सु1वRथीकरण के उपाबV Eप 13 म” शHद और अंक रखे जाएंगे
7460 GI/2017 (1)

(ख) िनयम 82 म,—

(i) उपिनयम (1 ) के Rथान पर िनKिलिखत उपिनयम रखा जाएगा, अथाMत् :—
“(1)?येक मूल िनयो.ा और ठे केदार, भारत सरकार, म और रोजगार मंालय के म सुिवधा पोटMल पर
कितपय िविध िनयम, 2017 के अधीन Eप2 और SरपोटU के सु1 वRथीकरण के उपाबV Eप 14 म आनलाइन
एक$कृ त वाYषक िववरणी िजस वषM से वह संबंिधत हो उस वषM के अंत के बाद फरवरी के थम दवस को अथवा
उससे पहले फाइल करे गा”;
(ii ) उप िनयम (2) का लोप कया जाएगा ।

(घ) Eप 24 और Eप 25 का लोप कया जाएगा ।
[फा. सं. एस-16011/04/2017- एस डबयू (ए)(ii)]
रािजत पुनहानी, संयु. सिचव और महािनदेशक (म कयाण)
टपणी : ठे का म (िविनयमन और उ?सादन) के CDीय िनयम, 1971 भारत के राजप, असाधारण, भाग II, खंड 3,
उप-खंड (i)म अिधसूचना सं^या सा.का.िन. 191 *ारा तारीख 10 फरवरी, 1971 को कािशत कए गए थे और
अंितम संशोधन तारीख 5 िसत
बर , 2017 क$ अिधसूचना सं^यांक सा.का.िन. 1128(अ) *ारा कया गया था ।

NOTIFICATION
G.S.R. 1594(E).—Whereas, a draft of certain rules further to amend the Contract Labour (Regulation and
Abolition) Central Rules,1971, was published, as required by sub-section (1) of section 35 of the Contract Labour
(Regulation and Abolition) Act, 1970 (37 of 1970) vide notification of the Government of India in the Ministry of
Labour and Employment, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 1334(E), dated the 27th October, 2017, inviting objections and suggestions from all persons likely to
be affected thereby before the expiry of thirty days from the date on which the copies of the Official Gazette
containing the said notification were made available to the public;
And whereas, the copies of the said Official Gazette were made available to the public on the 27th October,
2017;
Now, therefore, in exercise of the powers conferred by section 35 of the Contract Labour (Regulation and
Abolition) Act, 1970 (37 of 1970), the Central Government hereby makes the following rules, further to amend the
Contract Labour (Regulation and Abolition) Central Rules,1971, namely:-
1. (1) These rules may be called the Contract Labour (Regulation and Abolition) Central (Second Amendment)
Rules, 2017.
(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,—
(a) in rule 17, in sub-rule (1), for the words and figure “in Form I”, the words and figures “in Form XIII
annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017” shall be
substituted;
(b) in rule 82,—
(i) for sub-rule (1), the following sub-rule shall be substituted, namely:—
“(1) Every principal employer and contractor shall file a Unified Annual Return online in Form
XIV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules,
2017, on the Shram Suvidha Portal of the Central Government in the Ministry of Labour and
Employment on or before the 1st day of February following the end of the year to which it
relates.”;
(ii) sub-rule (2) shall be omitted;
(c) Form XXIV and Form XXV shall be omitted.
[F. No. S-16011/04/2017-LW (A)(ii)]
RAJIT PUNHANI, Jt. Secy. Director-General (Labour Welfare)
Note : The Contract Labour (Regulation and Abolition) Central Rules, 1971 was 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. 1128(E), dated the
5th September, 2017.
vlk/kj.k
EXTRAORDINARY
No. 1038] NEW DELHI, FRIDAY, DECEMBER 29, 2017/PAUSA 8, 1939
बर, 2017
1596(अ) .—भारत के राजप, असाधारण, भाग II, म कािशत भारत
खंड 3, उपखंड (i)
सरकार के म और रोजगार मंालय क$ अिधसूचना सं. सा.का.िन. 1336 (अ) -ारा तारीख 27 अ1ू बर, 2017
को उन सभी 3ि1य4 से, िजनके उससे भािवत होने क$ संभावना थी, उस तारीख से, िजसको उ1 अिधसूचना से
यु1 राजप क$ ितयां जनता को उपबध करा दी गई थी, तीस दन क$ समाि: से पहले आ<ेप और सुझाव
आमंित करते >ए, भवन एवं अ@य सिAमाBण कमBकार (िनयोजन और से वा शतB िविनयमन) के @Cीय िनयम 1998
का और संशोधन करने के िलए कितपय िनयम4 का एक ाDप कािशत कया गया था ;
और, राजप क$ ितयां, िजसम उ1 अिधसूचना कािशत क$ गई थी 27 अ1ू बर, 2017 को जनता को
उपलEध करा दी गई थF ;
और, उ1 ाDप िनयम4 के संबंध म जनता से कोई आ<ेप और सुझाव ा: नहF >ए थे ;
अतः, अब, के @Cीय सरकार भवन एवं अ@य सिAमाBण कमBकार (िनयोजन और सेवा शतB िविनयमन)
अिधिनयम, 1996 (1996 का 27) क$ धारा 62 -ारा दI शि1य4 का योग करते >ए, भवन एवं अ@य
सिAमाBण कमBकार (िनयोजन और सेवा शतB िविनयमन) के @Cीय िनयम 1998 का और संशोधन करने के िलए
िनJिलिखत िनयम बनाती है, अथाBत् :-
1(1) इन िनयम4 का संि<: नाम भवन एवं अ@य सिAमाBण कमBकार (िनयोजन और सेवा शतB िविनयमन) के @Cीय
(संशोधन) िनयम, 2017 है ।
7462 GI/2017 (1)

(2 ) ये राजप म उनके काशन क$ तारीख को वृI ह4गे ।

2. भवन एवं अ@य सिAमाBण कमBकार (िनयोजन और सेवा शतB िविनयमन) के @Cीय (संशोधन) िनयम 1998 म
(क) िनयम 23 के उपिनयम (1) म “इन िनयम4 से उपाबQ Dप 1 म ” शEद4 और अंक4 से Rथान पर “कितपय म
िविध िनयम, 2017 के अधीन Dप4 और SरपोटU के सु3वRथीकरण के उपाबQ Dप 13 म ” शEद और अंक रखे
जाएंगे
(ख) िनयम 242 म, -

(i ) उपिनयम (1) के Rथान पर िनJिलिखत उपिनयम रखा जाएगा, अथाBत् :-
“(1) पंजीकृ त Rथापन का Wयेक िनयो1ा म और रोजगार मंालय के म सुिवधा पोटBल पर
कितपय िविध िनयम, 2017 के अधीन Dप4 और SरपोटU के सु3वRथीकरण के उपाबQ Dप 14 म
आनलाइन एक$कृ त वाXषBक िववरणी िजस वषB से वह संबंिधत हो उस वषB के अंत के बाद फरवरी के
थम दवस को अथवा उससे पहले फाइल करे गा”;
(ii ) उप िनयम (2) का लोप कया जाएगा ।
(घ) Dप 25 का लोप कया जाएगा ।
[फा. सं. एस-16011/04/2017-एस डEयू (ए)(iv)]
रािजत पुनहानी, संयु1 सिचव और महािनदेशक (म कयाण)
टपणी : भवन एवं अ@य सिAमाBण कमBकार (िनयोजन और सेवा शतB िविनयमन) के @Cीय िनयम 1998 भारत के
राजप, असाधारण, भाग II, खंड 3, उपखंड (i) म अिधसूचना सं^या सा.का.िन. 689 एतारा तारीख
19 नवंबर, 1998 को कािशत कए गए थे और अंितम संशोधन तारीख 28 माचB, 2017 क$
अिधसूचना सं^यांक सा.का.िन. 294(अ) -ारा कया गया था ।

NOTIFICATION
G.S.R. 1596(E).––Whereas, a draft of certain rules further to amend the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Central Rules, 1998, was published in the Gazette of India,
Extraordinary, Part II, section 3, sub-section (i) vide notification number G.S.R. 1336 (E), dated the 27th October, 2017,
inviting objections and suggestions from all persons likely to be affected thereby before the expiry of thirty days from the
date on which the copies of the Official Gazette containing the said notification were made available to the public;
And whereas, the copies of the said Official Gazette were made available to the public on the 27th October, 2017;
Now, therefore, 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, after
consultation with the expert committee, hereby makes the following rules, 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, 2017.
2. In the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central
Rules, 1998,-
(a) in rule 23, in sub-rule (1), for the words and figure “in Form I annexed to these rules”, the words and figures “in
Form XIII annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017” shall
be substituted;
(b) in rule 242,-
(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-
“(1) Every employer of a registered establishment shall file a Unified Annual Return online in Form
XIV annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017,
on the Shram Suvidha Portal of the Ministry of Labour and Employment on or before the 1st day of
February following the end of the year to which it relates.”;
(ii) sub-rule (2) shall be omitted;
(c) Form XXV shall be omitted.

[F. No. S-16011/04/2017-LW (A)(iv)]
RAJIT PUNHANI, Jt Secy. & Director-General (Labour Welfare)
Note:- The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Central
Rules, 1998 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide
notification number G.S.R. 689(E), dated the 19th November,1998 and lastly amended vide notification number
G.S.R. 294(E),dated the 28th March, 2017.
vlk/kj.k
EXTRAORDINARY
No. 1037] NEW DELHI, FRIDAY, DECEMBER 29, 2017/PAUSHA 8, 1939
बर, 2017
1595(अ).भारत के राजप
, असाधारण, भाग II
(अ).— म कािशत भारत
, खंड 3, उपखंड (i)
सरकार के म और रोजगार मं
ालय क अिधसूचना सं. सा.का.िन. 1335 (अ) &ारा तारीख 27 अ+ू बर, 2017
को उन सभी /ि+य0 से, िजनके उससे भािवत होने क संभावना थी, उस तारीख से, िजसको उ+ अिधसूचना से
यु+ राजप
क ितयां जनता को उप5बध करा दी गई थ8, तीस 9दन क समाि: से पहले आ<ेप और सुझाव
आमंि
त करते >ए, अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) अिधिनयम, 1979
(1979 का 30) क धारा 35 क उपधारा (1) क अपे<ानुसार अंतरराि@यक वासी कमAकार (िनयोजन का
िविनयमन और सेवा शतA) के CDीय िनयम, 1980 का और संशोधन करने के िलए कितपय िनयम0 का एक ाF प
कािशत 9कया गया था ;
राजप
क ितयां, िजसम उ+ अिधसूचना कािशत क गई 27 अ+ू बर, को जनता को उपलGध
और, थी
करा दी गई थ8 ;
और, उ+ ाFप िनयम0 के संबंध म जनता से कोई आ<ेप और सुझाव ा: नह8 >ए थे ;
अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) अिधिनयम, 1979

अतः, अब,
(1979 का 30) क धारा 35 &ारा दH शि+य0 का योग करते >ए, अंतरराि@यक वासी कमAकार (िन योजन का
िविनयमन और सेवा शतA) के CDीय िनयम, 1980 का और संशोधन करने के िलए िनIिलिखत िनयम बनाती है,
अथाAत् :-
1. (1)इन िनयम0 का संि<: अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) के CDीय
नाम
(संशोधन) िनयम, 2017 है ।
(2) ये रा जप
म उनके काशन क तारीख को वृH ह0गे ।
7461 GI/2017 (1)
2. अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) के CDीय िनयम, 2017 म —
(क) िनयम 3 के उपिनयम (1) म Fप 1 म शGद0 और अंक0 से Oथान पर कितपय म िविध िनयम, 2017 के
“ ” “
अधीन Fप0 और PरपोटR के सु/वOथीकरण के उपाबS Fप 13 म शGद और अंक रखे जाएंगे
”
(ख) िनयम 56 के िलए िनIिलिखत िनयम रखा जाएगा अथाAत् :-
56 Uयेक मूल िनयो+ा और ठे केदार, भारत सरकार, म और रोजगार मं

ालय के म सुिवधा
“
पोटAल पर कितपय िविध िनयम, 2017 के अधीन Fप0 और PरपोटR के सु/वOथीकरण के उपाबS
Fप 14 म आनलाइन एककृ त वाXषAक िववरणी िजस वषA से वह संबंिधत हो उस वषA के अंत के बाद
फरवरी के थम 9दवस को अथवा उससे पहले फाइल करे गा ”;
(घ) Fप 23 और Fप 24 का लोप 9कया जाएगा ।
एल डब5यू (ए)
[फा. सं. एस-16011/04/2017- (iii)]
रािजत पुनहानी, संयु+ सिचव और महािनदेशक (म क5याण)

टपणी : अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) के CDीय िनयम, 1980 भारत के
राजप
, असाधारण, भाग II म अिधसूचना सं]या सा.का.िन. 514 (अ) दवारा
, खंड 3, उपखंड (i)
तारीख 11 अगOत, 1980 को कािशत 9कए गए थे और अंितम संशोधन तारीख 28 माचA, 2017 क
अिधसूचना सं]यांक सा.का.िन. 294 (अ) &ारा 9कया गया था ।

NOTIFICATION
G.S.R. 1595(E).—Whereas, a draft of certain rules further to amend the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Central Rules, 1980, was published, as required by sub-
section (1) of section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979) vide notification of the Government of India in the Ministry of Labour and
Employment, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R.
1335 (E), dated the 27th October, 2017, inviting objections and suggestions from all persons likely to be affected
thereby before the expiry of thirty days from the date on which the copies of the Official Gazette containing the
said notification were made available to the public;
And whereas, the copies of the said Official Gazette were made available to the public on the 27th October,
2017;
Now, therefore, in exercise of the powers conferred by section 35 of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), the Central Government hereby
makes the following rules, further to amend the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Central Rules, 1980, namely:-
1. (1) These rules may be called the Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Central (Amendment) Rules, 2017.
2. In Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 2017,-
(a) in rule 3, in sub-rule (1), for the words and figure “in Form I”, the words and figures “in Form XIII
annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017” shall be
substituted;
(b) for rule 56, the following rule shall be substituted, namely:—
“56. Every principal employer and contractor shall file a Unified Annual Return online in Form XIV
annexed to the Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2017, on the
Shram Suvidha Portal of the Central Government in the Ministry of Labour and Employment on or before
the 1st day of February following the end of the year to which it relates.”;
(c) Form XXIII and Form XXIV shall be omitted.
[No. S-16011/04/2017-LW (A)(iii)]
RAJIT PUNHANI, Jt. Secy. & Director-General (Labour Welfare)
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. 514(E), dated 11th August, 1980 and lastly amended vide notification number
G.S.R. 294(E), dated the 28th March, 2017.
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The Gazette of Puducherry
PART - II
 EXTRAORDINAIRE EXTRAORDINARY
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No. 63 Poudouchéry Lundi 6 Novembre 2017
No. Puducherry Monday 6th November 2017
(15 Kartika 1939)
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G. O. Ms. No. 20/2017/Lab./CIFB.
Puducherry, dated 3rd November 2017)
NOTIFICATION
In exercise of the powers conferred under section 112 of the
Factories Act, 1948 (Central Act 63 of 1948), the Lieutenant-Governor,
Puducherry, hereby makes amendment to the Puducherry Factories
Rules, 1964, the draft of the same which were issued in the Labour
Department's notification under G. O. Ms. No. 13/2017/Lab., dated
[1171]
1172 LA GAZETTE DE L'ETAT [P ART –II
the 5th July, 2017, were pre-published in the Extraordinary Part-II, No.
42 of the Gazette of Puducherry, dated 11th July, 2017 as required
under sub-section (1) of section 115 of the said Act. And after
examining the objections and suggestions with regard to the draft rules
received from the petitioner associations, the Government have
decided to confirm the said rules, namely:—
1. Short title, extent and Commencement.— (1) These rules may

be called the Puducherry Factories (Amendment) Rules, 2017.
(2) These rules shall extend to the whole of the Union territory
of Puducherry.
(3) They shall come into force on and from the date of
publication in the Official Gazette.
2. Amendment to Title.— In the Pondicherry Factories Rules, 1964,

in the Title for the existing word 'Pondicherry' the word 'Puducherry'
shall be substituted.
3. Amendment to Rule 1.— In the Pondicherry Factories Rules, 1964

(hereafter referred to as the said rules) in sub-rule(l) of rule 1, for
the word ‘Pondicherry’ the word ‘Puducherry’ shall be substituted.
4. Amendment to Rule 110.— In the said rules, for the existing

rule 110, the following shall be substituted, namely:-
“110. Returns
The Manager of every factory shall furnish to the Inspector

having jurisdiction over the area where the factory is located the
following returns, namely:
(1) Annual yearly returns.- On or before the 31st January

of each year, a combined annual return, in duplicate, in Form
No. 19;
P ART–II] LA GAZETTE DE L'ETAT 1173
(2) Half-yearly returns.- On or before the 31st January

and 31st July of each year, a half-yearly return in duplicate in
Form No. 20.”
5. Amendment to Rule 111.— In the said rules, the existing rule

111 shall be deleted.
6. Amendment to Rule 112.— In the said rules, for the existing

rule 112, the following shall be substituted, namely:
“112. Seasonal Factories- Returns:-
In the case of a factory in which work is carried on only

during certain period or period of the year the Manager shall,
if so required by the State Government or if, the State
Government so directs, through the Chief Inspector shall submit
the annual or half-yearly returns mentioned in rule 110 within
fifteen days after the close of that period or after the close of
the last of those periods in the year, as the case may be.
AMENDMENT TO THE FORMS
7. The existing Form-19 prescribed under sub-rule (1) of rule

110, shall be replaced with the Form-19 appearing at the end of this
notification.
8. The existing Form-21 prescribed under sub-rule (3) of rule 110,

the existing Form-22 prescribed under sub-rule (4) of rule 110,
the existing Form-29 prescribed under sub-rule (1) of rule 111, the
existing Form-30 prescribed under sub-rule (2) of rule 111, the existing
Form-31 prescribed under sub-rule (3) of rule 111, the existing
Form-32 prescribed under sub-rule (5) of rule 110 shall be deleted.
FORM-19
[Prescribed under sub-rule (1) of rule 110]
COMBINED ANNUAL RETURN
(to be submitted before 31st January)
For the year ending 31st December, 2.........
1. Registration number of factory :
2. Name of factory :
3. Name of occupier :
4. Name of the Manager :
5. District :
6. Full postal address of factory :
7. Nature/Type of industry :
Number of workers and particulars of employment
8. Number of days worked in the year :
9. Number of man-days worked during the year

(a) Men :
(b) Women :
(c) Adolescents-Male :
(d) Adolescents-Female :
10. Average number of workers employed daily (See explanatory note)
(a) Adults (i) Men :
(ii) Women :
(b) Adolescents (i) Male :
(ii) Female :
11. Total number of man-hours worked including overtime.

Normal Overtime Total
(a) Men :
(b) Women :
12. Average number of hours worked per week (see explanatory note)
(a) Men :
(b) Women :
13. (a) Does the factory carry out:
any process or operations
declared as dangerous under
section 87 (see rule 105).
(b) If so, give the following :
information.
Name of the dangerous Average number of persons

process or operations employed daily in each of the
carried on processes or operations given
in column 1
(i)
(ii)
(iii) etc.
Leave with Wages

14. Total number of workers employed during the year
(a) Men :
(b) Women :
(c) Adolescents :
15. Number of workers who were entitled to annual leave with

wages during the year–
(a) Men :
(b) Women :
(c) Adolescents :
16. Number of workers who were granted leave during the year–
(a) Men :
(b) Women :
(c) Adolescents :
17. (a) Number of workers who were :
discharged, or dismissed
from the service, or quit
employment, or were
superannuated, or died while
in service during the year
(b) Number of such workers in:
r e s p e c t o f wh o m wa g e s
in lieu of leave were paid:
Compensatory Holidays
18. Number of workers exempted from section 52 of the Act–
(a) Men :
(b) Women :
(c) Adolescents :
19. N u m b e r o f w o r k e r s w h o w e r e g r a n t e d c o m p e n s a t o r y
holid ays during–
(a) Same month :
(b) Following month :
(c) Third month :
Safety Officers
20. (a) Number of Safety Officers :
required to be appointed as
per notification under
section 40-B
(b) Number of Safety Officers :
appointed
Ambulance Room
21. Is there an ambulance room :
p r o vi d e d i n th e f ac to r y a s
required under section 45?
Occupational Health Centre
22. Is there an Occupational Health :
Centre provided as per rule 65 AC.
Canteen
23. (a) Is there a canteen provided :
in the factory as required
under section 46?
(b) Is the canteen provided/
managed–
(i) Directly by :
Management? or
(ii) Through a :
contractor?
Shelters or Rest Rooms and Lunch Rooms
24. (a) Ar e t he r e a d e q u at e an d :
suitable shelters or rest
rooms provided in the
factory as required under
section 47?
(b) Are there adequate and :

suitable lunch rooms
provided in the factory as
required under section 47?
Creches
25. Is there a Creche provided in :
the factory as required under
section 48?
Welfare Officers
26. (a) Number of Welfare Officers :
to be appointed as required
under section 49.
(b) Number of Welfare Officers :
appointed.
Accidents
27. (a) Total number of accidents (See explanatory notes)–
(i) Fatal :
(ii) Non-Fatal :
(b) Accidents in which workers returned to work during the year
t o which this return relates.
(i) Accidents (workers injured) occurring during the
year in which injured workers returned to work
during the same year.
(aa) Number of :
accidents.
(ab) Man-days :
lost due to
accidents.
(ii) Accidents (workers injured) occurring in the
previous year in which injured workers returned to
work during the year to which this return relates.
(aa) Number of :
accidents.
(ab) Man-days :
lost due to
accidents.
(c) Accidents (workers injured) occurring during the year in

which injured workers did not return to work during the year to which
this return relates.
(i) Number of accidents :
(ii) Man-days lost due :

to accidents.
Certified that the information furnished above is to the best of

my knowledge, belief and correct.
Date : Signature of the Manager.
Explanatory Notes:
1. The average number of workers employed daily should be

calculated by dividing the aggregate number of attendance on working
days (that is, man-days worked) by the number of working days in the
year. In reckoning attendance, attendance by temporary as well as
permanent employee should be counted, and all employees should be
included, whether they are employed directly or through contractors.
Attendance on separate shifts (e.g. night and day shifts) should be
counted separately. Days on which the factory was kept closed for
whatever reason and the days on which the manufacturing processes
were not carried out should not be treated as working days. Partial
attendance for less than half a shift on a working day should be ignored,
while attendance for half a shift or more on such day should be treated
as full attendance.
2. For seasonal Factories, the average number of workers

employed during the working season and the off-season should be given
separately. Similarly, the number of days worked and average number
of man-hours worked per week during the working and off-season
should be given separately.
3. The average number of hours worked per week means the total
actual hours worked by all workers during the year excluding the rest
intervals but, including overtime work divided by the product of total
number of workers employed in the factory during the year by 52. In case,
the factory has not worked for the whole year, the number of weeks
during which the factory worked should be used in place of the figure 52.
4. Every person killed or injured should be treated as one separate
accident. If, in one occurrence six persons were injured or killed,
it should be counted as six accidents.
5. In item 27(a), the number of accidents which took place during
the year should be given. In case of non-fatal accidents only those
accidents which prevented workers from working for 48 hours or more,
should be indicated.
(By order of the Lieutenant-Governor)
E. VALLAVAN,
Additional Secretary to Government (Labour).
————
online publication at “http://styandptg.puducherry.gov.in”

Government Central Press
Directorate of Stationery and Printing
Puducherry-605 009.
FOR WEB CIRCULATION ONLY
1sri:Pt'I I(-14 'Jfmf ~

Employees' Provident Fund Organisation
(Ministry of Labour, Govt. Of India)
~ ~ 'ifcA", 14-iftcfilGfl ~ ~ . ~ ~ -110066
BhavishyaNidhiBhawan, 14- ~.hikajiCama Place, New Delhi - 110066
www.e fin dia.nic.in
No. C-Ex/Ex - Return/ 2014 "C>\?:),? Date: 1-12.- :1..01-,..
To
, 0 , OEC
All Addi. Central P.F. Commissioner (Zones),
All Regional P.F. Commissioner/OIC of Regional Offices,
Subject Online Filing of Monthly Returns by the Exempted

Establishments and Specified Timeline for the Monthly Returns
- Regarding.
Reference i) Head Office Circular No. Exem/10(20)2016/Vol. III/
Dated: 29.05.2017.
ii) Head Office Circular No. C-Misc./Ex. Return/2013/Vol.
II/13587 Dated: 21.09 .2017.
Sir,
Please refer to the subject and references cited above.
2. Vide circular under reference at SI. No. (i) above, all the exempted establishments
were directed to file the statutory online returns within the stipulated time i.e. the return
for the wage month of March 2017 was required to be filed by 15th of May 2017. In
supersession of the circular under reference at SI. No. (i) above, all the exempted
establishments/employers vide circular under reference at SI. No. (ii) above, were
directed to file the statutory online returns in time i.e. on or before 25th of the month
following that to which it relates .
3. The Central Provident Fund Commissioner in exercise of his powers conferred by

sub-paragraph 7 of Paragraph 36 read with entry No. 16 of Appendix - A to Paragraph
27AA of the Employees' Provident Funds Scheme, 1952 made it mandatory for all
establishments exempted under Sub-Section (l)(a) of Section 17 or Sub-Section (2) of
Section 17 of the Employees' Provident Funds & Miscellaneous Provisions Act, ! 952 read
with Paragraph 27A of Employees' Provident Funds Scheme, 1952 or gra r,ted relaxation
under Paragraph 79 of the Employees' Provident Funds Scheme, 1952 to file their
monthly and annual returns online in the prescribed proforma by 25th of the month
following that to which it relates . Further, establishment which have been granted
exemption by an order of the Regional Provident Fund Commissioner for individual
employees under the provisions of Paragraph 27 of the Employees' Provident Funds
Scheme, 1952 shall also file their monthly and annual returns in the prescribed proforma
online.
4. Accordingly the last date for filing of on line returns shall be treated as 2sth of the
month following that to which it relates. It is also darified that the phrase "25th of the
month following that to which it relates" means that the online returns for the wage
month should be filed by 25th of the month following the wage month. The following
examples are cited for further explanatiQn -
i. The monthly return i.e. Part- C, D & E for the wage month of March 2017 should
be filed by 25th of April 2017.
ii. The annual return i.e. Part - F for the financial year 2016-17 ending on 31st March
2017 should be filed by 25th of April 2017.
iii. Although details of establishment and Trust i.e. Part - ·A & B may not change
every month/year but whenever any change in these details take place during
the wage month then Part - A or B, as the case may be, should be changed by
25th of the month following the wage month.
5. A copy of the said order of CPFC is enclosed. It should be given wide publicity
and brought to the notice of all exempted and relaxed establishments under your
jurisdiction for strict compliance so as to ensure proper filing of online returns by the
exempted establishments.
[This is issued with the approval of CPFC]
Yours faithfully
Addi. Central P.F. Commissioner( '

Copy to : i) Deputy Director, Rajbhasha .... For Hindi version please.
ii) Guard file .... for records .
~~f.tfi)-~
'!iflf ~ 'SfTUf ~
Employees' Provident Fund Orga nisation
(Ministry of Labour, Govt. Of India)
~ f.tfi)- 1fcl'.f , 1 4 - ~ 1'iTlIT ~ .~·tft~· -110066
Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Del hi - 110066
www.epfindia.gov.in, www.epfindia.nic.in
No-C/Misc./Ex-Return/2013Nol. II/ Date: I - 12..2.011-
ORDER
In exercise of powers conferred by sub-paragraph 7 of Paragraph 36 read with entry No. 16 of Appendix
- A to Paragraph 27AA of the Employees' Provident Funds Scheme, 1952, I, Dr. V.P. Joy, the Central
Provident Fund Commissioner hereby direct all establishments exempted under Sub-Section (1)(a) of
Section 17 or Sub-Section (2) of Section 17 of the Employees' Provident Funds & Miscellaneous
Provisions Act, 1952 read with Paragraph 27 A of Employees' Provident Funds Scheme, 1952 to file their
monthly and annual returns online in the proforma attached herewith (the said proforma is also available
in the official website of Employees Provident Fund Organisation i.e. www.epfindia.qov.in /
www.epfindia.com under the tab "Exempted Establishments"). The returns shall be filed on or before 25th
of the month following that to which it relates. The proforma contains the following parts :
PART DESCRIPTION
PART A Establishment details
PART B Trust Details
PARTC Employment Details
PARTD Contribution Details
PART E Investment Details
PARTF Annual Information
2. The provisions of online filing of returns in the prescribed proforma shall also be applicable to
establishment which have been granted exemption by an order of the Regional Provident Fund
Commissioner for individual employees under the provisions of Paragraph 27 of the Employees'
Provident Funds Scheme, 1952.
3. Further details for online filing of monthly and annual return has been provided on the website of
the Employees' Provident Fund Organization at the following URL :
www.epfindia.gov.in
www.epfindia.com
4. In addition to online submission of returns, exempted and relaxed establishments shall also
submit duly authenticated copy of the returns in hard copy till such time the facility for filing digitally signed
return is provided.
(Dr. V.P. Joy)

Central Provident Fund Commissioner
ONLINE MONTHLY RETURN TO BE FILED BY ESTABLISHMENT EXEMPTED UNDER
THE EPF SCHEME THROUGH A RELAXATION ORDER OR NOTIFICATION
FIELD WISE INSTRUCTIONS
PART A: ESTABLISHMENT DETAILS
SI. No Field Name Field Type Remarks

A Establishment ID Will be auto populated
B Name of the Establishment based on log in by the For any change in the
C Address employer data against B and/or
C the employer
needs to approach
the concerned PF
Office with a request
letter and supportive
documents as
applicable.
D PAN of the Establishment Data entry The PAN and the
E Name of Establishment as per Data entry Name as per PAN will
PAN be verified from the
Income Tax Database
and the result will be
displayed later.
F Ownership Type Selection from a drop Please see Annexure
down list A to view the list.
G Primary Activity Selection from a drop Please see Annexure
down list B to view the list.
H Exemption Under Section/Pare Selection from a drop Please see Annexure
down list C to view the list.
I (i) Relaxation Order Number Data entry Fields for I (i) to (viii)
I (ii) Relaxation Order Date Data entry will be displayed if
I (iii) Issued By Selection from a drop the selection against
down list SI H is Section 17 (1)
I (iv) Relaxation with effect from Data entry (a) or Para 27 A.
I (v) Notification Number Data entry
I (vi) Notification Date Data entry Notification will be
I (vii) Issued By Selection from a drop mandatory.
down list
I (viii) Notification with effect from Data entry
In case of Exemption Under Para
27, Order Number
I (i) Order Date Data entry These fields will
I (ii) With effect from Data entry appear if the section
I (iii) Issued By under SL H is Para 27.
The employer is
required to enter the
first order granting
exemption to a
member.
J Branches having separate/Sub Click here link Link shows the list of
code separate code/sub
code which is
updated in Form SA
K Branches not having any code Click here link The employer is also
number required to list out all
its branches located
at places other than
the establishment
and not having any
separate or su b code
number (employees
working where are
also complying under
the Trust. Employer
can add new branch
in form SA.
L Contribution Rate Se lection from 10 or 12% Default value will be
as applicable. 12%
Note: The part C, D and E will allow entry only when the Part A and B are filled in,
Part E and F will allow entry only if the establishment filing the return is also the Parent
Trust in case of Common P F Trust (refer Part B).
EDITING OF THE DATA IN PART A
Once the date is saved, it can be edited later when there is any change in the date by click of
the EDIT Button.
However the following data cannot be edited :
1. Name and Address of the Establishment. If any change is there the employer is required
to request the concerned PF Office with supporting documents so that the data is first
changed in the EPFO Application and it will be updated on the Unified Portal.
2. The PAN and Name as per PAN of the establishment if the data is verified and the status
is shown as verified .
3. Selection of the Section/Para regarding the relaxation Order/Notification and the details
of such order, as th e sta rt month of the return is bcised on the 'with effect from' date of
exemption .
PART B: TRUST DETSILS
SI. No. Field Name Field Type Remarks

A. PAN of the Trust Data entry The PAN and the Name as
B. Name of the Trust as per PAN Data entry per PAN will be verified
from the Income Tax
Database and the result will
be displayed later.
C. Name of the Trust as per Display The name will be displayed
Records from the records of EPFO.
D. Address Line 1 Data entry
E. Line 2 Data entry
F. City Data entry
G. District Selection
H. State Selection
I. PIN Data entry
J. Income Tax Order Number Data entry Please inform if the trust
Recogn izing the Trust has been recognized by the
IT Department.
K. Date of Income Tax Trust Data entry - Do-
L. Date of Income Tax Order Selection Please select Single if the
Trust is handling the PF
Contributions of single
establishment (including
the branches, not having
been granted any separate
exemption).
Select CPF Trust if the Trust
is handling contributions
from other pa rtici pati ng
units also.
Details of Establishment having the The fields In case the establishment

Pa rent Trust (In case L is Common will be as that is filling the return
PF Trust) follows: enters own code number as
Select State Selection the Establishment handling
State Office Selection the Trust, it will be able to
Regional Code Display enter the details in Part E
Office Code Display and F.
Code Number Data entry In case the Trust is handled
Extension Data entry by another code and the
Name of Establishment Display establishment filing the
Address of Establishment Display return is a Participating
unit, he will be able to view
the data in Part E and F if
entered by the Parent
Trust.
A link to view the
compliance by the Branch
post March 2012 will also
appear.
There will be facility to add
row for more branches.
M Details of Chairman Following
fields will be
there
Name Data entry
Designation Data entry
N Details of Representatives Following The details of the
fields will be Representatives from the
there establishment which is
Name Data entry filling the return should be
Designation Data entry entered.
Whether Employee or Employer Selection
Representative
Whether Elected or Nominated Selection
Member
0 DMAT Account Details Following There will be facility to add
fields will be rows for more accounts.
there
Account Number Data entry
Depository Participant Data entry
Depository Type Type Selection
p CSGL/SGL Account Details Following There will be facility to add
fields will be rows for more accounts.
there
Account Number Data entry
Depository Participant Data entry
Account Type Selection
Q Trust Bank Account Following The details is being
fields will be collected so that the EPFO
there Offices and the other Trusts
Bank Account Number Data entry may transfer the PF
IFSC Code Data entry Amounts through-electronic
mode.
Only one account can be
added, so that all payments
are sent to it.
This information will be
made available to the EPFO
Offices and the Pf Exempted
Trusts and will also be auto
displayed in the Online
Transfer Claim Form.
R Date of Last Constitution of the Data Entry Please enter the data when
Board the Boards of Trustees was
last constituted.
Note: The part C, D and E will allow entry only when the Part A and B are filled in.
Part E and F will allow entry only if the establishment filing the return is also the Parent
Trust in case of Common P F Trust.
EDITING OF THE DATA IN PART B
Once the data is saved, it can be edited later when there is any change in the data by click of the
EDIT Button.
However the following data cannot be edited:
4. The PAN and Name as per PAN of the Trust if the data is verified and the status is shown
as verified .
5. The selection and subsequent entry regarding the Single and Common P F Trust since it
will affect the data in the Part E and F.
PARTS C, D and E (MONTHLY PART)
The Part C and Dare to be filled in by all establishments each month.
The Part E will have to be filled in by the Parent Trust only each month and the participating
units having exemption granted will have the view rights.
Part C : Employee Details(Monthly Part)

A. Number of employees as on close of previous month Data entry One time data entry (only in the first
return). On the next month the number of
employees as on close of previous month
is automatically displayed .
B. Number of employees who joined in the current Data entry
month
C. Number of employees who left during the current Data entry
month
0. Number of employees as at the end of current month Display Sum of (A+B+C) All types of employees are
included .
E. Number of Excluded Employees out of D above Data entry
F. Number of employees for whom establishment has to Display F=A+B- E

comply
G. Contract Employee Details Complying under Trust Data entry
Complying as un-
exempted under
another code of
establishment
Complying through
respective code of
contractor
H Employees on Direct Payroll of As exempted employee Data entry The sum of G and H
Establishment As un-exempted should be equals to F.
Employee
I Number of International Workers Data entry
J Number of Disabled Workers Data entry
PART D: Contribution Details (Monthly Part)

A OB of PF Contribution still due from employer Data entry Only one time data entry with first return. On
subsequent months it will be automatically
displayed.
B PF Wages liable for Contribution Data entry
C EE Share Data entrv Data entry
D Data entry Data entry
E ER Share Data entrv Data entry
F Data entry Data entry
G Refunds Due in the month Data entry
H Transferred Data entry
I Total Due Auto display It will display the amount by adding total due
amounts i.e. (A+B+E+G)
J Details of Transfer Amount Data entry Click on add row button and fill the amount in
of Contribution Date Selection case the funds were transferred in parts.
N Total amount transferred to BOT Auto display It will display the amount by adding total
transferred amounts i.e. (D+F+H)
0 Balance Due for transfer Auto display It will display remaining amount by deducting
total amount transferred from total dues i.e. (I-
N)
p Interest paid Data entry Interest paid to Trust by the employer for any
belated transfer to Trust
PART E: INVESTMENT DETAILS (MONTHLY PART by PARENT TRUST ONLY)
SI No Field Name Field Type Remarks
A Securities Auto Display Display the face value of

opening balance after data
entry in the first return
through link (securities). In
subsequent month, auto
display
B Cash Data entry One time data entry
C Total Auto display It will display the amount by
adding securities and cash
i.e.(A+B)
RECEIPTS
D PF Contribution Data entry
E Refunds (Loans & Advances) Data entry
F Transfer in Data entry
G Other Receipts Data entry
H Recoup by Employer in For Capital loss on Dat a entry
investment
I Case of loss by Trust For Revenue loss on Data entry
account of Interest
shortfall
Return from Investments:
J Interest Previous Due Data entry One time data entry. On next
month it will be automat ically
disolayed
k Receivable in the current month Data entry
L Receivable in the current month Data entry
M Balance Auto display It will display the amount by
using the formula (J+K-L).
N Maturity Previous Due Data ent ry One t ime data entry. On next
month it w ill be automat ically
displayed
0 Receivable in the cu rrent month Auto display The amount will appear from
the det ails entered through
the lin k " Matured During the
Mont h". The sum of face
value of all securities matured
will be displayed.
p Received in the current month Data entry
Q Balance Auto display It will display the amount by
using the formula (N+O-P).
R Others Received Due Data entry One time data entry. On next
mont h it w ill be automatically
displayed.
s Receivable in t he current month Data entry
T Received in the current month Data entry
u Balance Auto display It will display the amount by
using the formula(R+S-T).
V Total Receipts Auto display It will display the amount by
adding the following fields
(D+E+F+G+H+l+L+P+T)
Payments
w Claim including Transfer out Dat a entry
X Loans and Adv Data entry
y Other Payments Data entry
z Auto display It will display the amount by
adding the claims including
t ransfer out, loans and adv
and other payments
.i.e.(W+X+Y)
AA Amount available for Invest ment (B+V-Z) Auto display It will display the amount by
using the formula (B+V-Z).
AB Total amount invested by BOT Auto display The amount will appear from
the det ails entered through
t he link " Investment Details
During the Month"
It will automatically display
the sum of amount from
securities screen by using the
formula (F+G-H). The deal
value will be taken.
AC Cash Ba lance Auto display It will display the amount by
using the formula (AA-AB).
AD % of cash balance against available Auto display It will display t he amount by
using the formula
(AC*lOO/AA).
AE Reason for un-invest ed amount Data entrv
Screen opened through Hyperlink Securities/Matured Amount/Invested Amount/
INVESTMENT DETAILS SECURITIES:
Reference Opening Matured Invested during the month Closing

balance During Balance
as on The
First Month
Return
SI. Face Face Face Deal Accrued Accrued Face value Remakes
No value value value value Interest Interest
Paid Received
a b C d e f g h I
1 Central Government One Data Data Data Data Data Auto display The face value of
Security Item (i) of Time entry entry entry entry entry Closing Balance is
the notification data auto display the
2 State Government One Data Data Data Data Data Auto display amount by using
Securities/SOL Item Time entry entry entry entry entry the formula face
(II) (a) of the data value of opening
Notification balance-face
3 Central/State One Data Data Data Data Data Auto display value of mature +
Government Time entry entry entry entry entry face value of
Guaranteed data investment i.e. (C-
Securities Item (ii) D+E)
(b) of the
Notification
4 Bonds/ Securities of One Data Data Data Data Data Auto display
Public Financial Time entry entry entry entry entry
Institution item (iii) data
(a) of the
Notification
5 Bonds/Securities of One Data Data Data Data Data Auto display
Central Public Sector Time entry entry entry entry entry
Undertaking item (iii) data
(a) of the
Notification
Public Bank item (iii) Time entry entry entry entry entry
(a) of the data
Notification
State Public Sector Time entry entry entry entry entry
Undertakings item data
(iii) (a) of the
Notification
8 TDR (less than a One Data Data Data Data Data Auto display
year) of PSB item (iii) Time entry entry entry entry entry
(b) of the data
Notification
9 Collateral Borrowing One Data Data Data Data Data Auto display
& Lending Obligation Time entry entry entry entry entry
(CBLO) item (iii) (c) data
10
of the Notification
Bonds/Securities of One Data Data Data Data Data Auto display
..
Private Sector item Time entry entry entry entry entry ,
(v) of the data
Notification
11 SDS One Data Data Data Data Data Auto display
Time entry entry entry entry entry
data
12 Others One Data Data Data Data Data Auto display
Time entry entry entry entry entry
data
categories for Investment as per New Pattern wef 29.05.2015
13 Cat egory (i) One Data Data Dat a Data Data Auto display Will open only
(a)Government time entry entry entry entry entry from May 2015
Securities data
entry
14 Category One Data Data Data Data Data Auto display
(i)(b)OtherSecurities time entry entry entry entry entry
data
entry
15 Category (i)(c)Gilt One Data Data Data Data Data Auto display
Mutua l time entry entry entry entry entry
Funds data
entry
16 Category (ii)(a)Listed One Data Data Data Data Data Auto display
Debt time entry entry entry entry entry
Securities data
entry
17 Category One Data Data Data Data Data Auto display
(11)(b)Basellll Tier time entry entry entry entry entry
1Bonds data
entry
18 Category (ii)(c)Rupee One Data Data Data Data Data Auto display
Bonds of IBRD, IFC time entry entry entry entry entry
and ADB data
entry
19 Category (ii )(d)Term One Data Data Data Data Data Auto display
DepositReceipts time entry entry entry entry entry
(TDRs)not less data
thanone entry
yearduration.
20 Category (ii) (e)Debt One Data Data Data Data Data Auto display
Mutual Funds time entry entry entry entry entry
data
entry
21 Category (ii) (f) One Data Data Data Data Data Auto display
Infrastructure debt. time entry entry entry entry entry
Instrument s data
ent ry
22 Category (iii) (b) Data Data Data Data Data Data Auto display
Category (iii) (bl entry entry entry entry entry entry
Liquid Mutual Fund
23 Category (iii) ( b) Data Data Data Data Data Data Auto display
Liquid Mutual Fund entry entry entry entry entry entry
24 Category (iii) (c) Term Data Data Data Data Data Data Auto display
Deposit Receipts entry entry entry entry entry entry
(TDRs)
of up to one year
duration
25 Category (iv) (a) Data Data Data Data Data Data Auto display
Shares of Body entry entry entry entry entry entry
Corporates list on
BSE/NSE.
26 Category (iv) (b) Data Data Data Data Data Data Auto display
Mutual Funds entry entry entry entry entry entry
regulated by SEBI
27 Category (iv) (C)ETF Data Data Data Data Data Data Auto display
of either Sensex entry entry entry entry entry entry
index or Nifty 50
index.
28 Category (iv) (d)ETF's Data Data Data Data Data Data Auto display
of entry entry entry entry entry entry
Disinvestment by
Govt. of India in body
29
corporate
Category (iv) (e)ETF Data Data Data
..
Data Data Data Auto display
for the entry entry entry entry entry entry
purpose of hedging
30 Category (V) (a) Data Data Data Data Data Data Auto display
CMB5 or RMBS. entry entry entry entry entry entry
31 Category (v)(b) Unite Data Data Data Data Data Data Auto display
issued by REITs. entry entry entry entry entry entry
32 Category (v)(c) ABS Data Data Data Data Data Data Auto display
regulated by SEBI entry entry entry entry entry entry
33 Category (v) (d)Units Data Data Data Data Data Data Auto display
of Infrastructure entry entry entry entry entry entry
Investment
Trusts regulated by
SEBI
34 Total investments sum sum sum sum sum sum sum
Two more hyperlinks from the Part E

1. Regarding the Claim settlements in the Establishment and on the Grievance redressal.
The pop up screen will ask each month the following data
SI No Data field
CLAIMS
1 Opening Balance of Claims One time data entry
2 Claims received in the month Data entry
3 Total claims workload in the month Display lplus 2
4 Claims disposed within 20 days Data entry
5 % of claims settled in the month within 20 days Display 4 *100/3
6 Claims disposed beyond 20 days Data entry
7 % of claims settled in the month beyond 20 days Display 6* 100/3
8 No of claims pending Display 3 - 4-6
Will carry as OB to next month
9 % of claims pendinR 8*100/3
10 Reasons for pending claims Data entry
GRIEVANCES
11 Opening balance One time data entry
12 Grievances received in the month Data entry
13 Net workload Display 11 plus 12
14 Grievances disposed Data entry
15 % of grievances disposed Display 14*100/13
16 Closing balance Display Will carry as OB to next month
17 % of Grievances pending Display 16*100/13
Part F-ANNUAL INFORMATION (HOLDING) (YEARLY PART BY PARENT TRUST ONLY)
SI no Field Name Field Type Remarks

I AUDIT OF ACCOUNTS
A Financial Year uoto which accounts audited Selection Financial Year
B Name & Address of the Year Data Entry Entry of previous 6 Years
Auditor for last Six Years Name
Address
CAs Registration Number
C Whether copy of the latest Audit Report Sent to the Selection Yes/No
RPFC
D If Yes Year Data Entry
Sent vide letter No
Latter date
Date of Receipt BY RPFC
.,
II. Details of Annual Statement of account
E Annual Statement of account issued upto Data Entry
F No. of contribut inR members Data Entry
Closing Balance Amount Giving Contributory members
G No. of Non Distribution Members Data Entry
Closing Balance Amount Giving Non Contributory
m embers
H Amount available for Distribution of interest Data Entrv
I Rate of interest declared and credited Data Entry
J Whether the deficiency in interest was made good by Selection
the employer?
K Whether the interest is on monthly accrual of balance Selection
L Whether the accounts are being mainlined Selection
electronically
M Whether the member are able to see their Account Selection
Balance
N Whether the rules of the fund are displayed on a notice Selection
board
Ill. Financial Health of the Holdings
0 Total Holding of the trust at the end of Financial Year Data Entry
p Market value of the holding of trust at the end of Data Entry
financial Year
IV. Amortization Account of the trust

Q Opening Balance
Addition/Reduction during the year
Closing balance
#Reduction to be entered in(-)
V. Maturity In Defaults
a Default of Security Data Entry
b ISIN Data Entry
C Face Value Data Entry
d Deal value at the time of purchase Data Entry
e Amount Receivable Data Entry
f Amount Received Data Entry
g Amount in default Data Entry
Total =(e-f)
Vi. Interest In Defaults

a Default of Security Data Entry
b ISIN Data Entry
C Interest receivable Data Entry
d Interest Received Data Entry
e Interest in Default Data Entry
Total =(c-d)
Scanned by CamScanner
Scanned by CamScanner
GENERAL ADMINISTRATION DEPARTMENT.
Civil Secretariat, Jammu
Subject: List of holidays for the calendar yealr -2018.
Government Order No: 1584-GAD of 2017

D a t e d: 14-12-2017
The holidays listed in Annexure -"A" & '6" to this

order shall be observed in the Government offices and educational
institutions of the State of Jarnrnu and Kashrnir during the calendar
year -2018.
By order of the Government of Jammu and Kashrnir.
Sd/-
(Khurshid Ahmad) IAS,
Cornrnissioner/Secretary to the Government.
No:GAD(Adrn)l19/2017-1
rl Copy to the:-
Chief Secretaries of all State Governments/Union Territories of India.

Secretary, Department of Personnel & Training, Government of lndia, North Block, New
Delhi-110001.
Financial Commissioners (Revenue), l&K
4. Director General of Police, J&K, Srinagar.
S. All Principal Secretaries t o Government.
6. Principal Secretary t o the Governor.
7. Principal Secretary t o Government, Election Department.
8. Principal Secretary t o the Chief Minister.
9. Chief Electoral Officer, J&K.
10. All Commissioner/Secretaries t o Government.
11. Chairman, J&K Special Tribunal.
12. Divisional Commissioner, Jarnmu/Kashmir.
13. IGP, Security, J&K
14. IGP, Vigilance, J&K.
15. Chairman of the Committee for Monitoring & Ensuring Fairness of Tests conducted by
BOPEE/Chairman of the Committee for fixation of Fee Structure of Professional Colleges
in the State.
R 16. Chairman, Committee for Fixation of Fee Structure of Private Education Institutions.
17. Director, information, J&K.
18. All Heads of Departments/Managing Directors.
19. Registrar General, J&K High Court, Srinagar.
20. All Deputy Commissioners.
21. Secretary, J&K Public Service Commission.
22. Director, Estates.
23. Director, Archives, Archaeology and Museums.
24. Executive Director, J&K State Rehabilitation Council.
25. Managing Directors of all Public Sector Undertakings.
26. Special Secretary/Private Secretary t o the Chief Minister.
27. Secretary, J&K State Information Commission.
28. Secretary, J&K State Vigilance Commission.
29. Secretary, J&K State Water Resources Regulatory Authority.
30. Secretary, J&K LegislativeAssembly/Council.
31. Secretary, Board of Professional Entrance Examination.
32. Chief Executive Officer, Economic Reconstruction Agency.
33. Member-Secretary, J&K State Legal Service Authority, Srinagar.
34. Secretary, J&K State Social Welfare Board.
35. Secretary, J&K Services Selection Board.
36. Secretary, J&K Women Commission.
37. Secretary, J&K State Advisory Board for Welfare &Development of other Backward
Classes.
38. Secretary, J&K Academy of Art, Culture &Languages.
39. Secretary, J&K State Accountability Commission, Srinagar.
40. Secretary, J&K Backward Classes Commission, J&K Srinagar.
41. Secretary, J&K State Advisory Board for Pahari Speaking People.
42. Secretary, J&K State Advisory Board for Development of Gujjar & Bakerwal.
43. Secretary, J&K State Electricity Regulatory Commission.
44. Secretary, J&K State Advisory Board for Development of Kissans.
45. Controller, Drug &Food Control Organization.
46. Mission Director, National Rural Health Mission, J&K.
47. Chief Engineer, UEED, J&K.
48. Director, Defence Labour Procurement.
49. General Manager, Government Press, Srinagar/Jammu.
50. OSD t o the Deputy Chief Minister.
51. Private Secretaries t o all Cabinet Ministers/ Ministers of State.
52. Private Secretary t o Chairman/Chief Executive Councillor, LAHDC, Leh/Kargil.
53. Private Secretary to Advocate General, J&K for information of Learned Advocate
General.
54. PRO t o the Advisor to the Chief Minister.
55. Private Secretary to the Chief Secretary.
56. Private Secretary t o the Comrnissioner/Secretary to Governm
57. lncharge Website, GAD.
58. Government Order file/Stock file/Website.
Annexure "A" to Government order No. 1584-GAD of 2017
Dated 14-12-2017
Holidavs to be observed throuahout the State durina the
calendar vear 2014:-
15. Martyr'sDay ' 13'~July Friday

16. Independence Day August Wednesday
17. Eid-ul-Azha* 22"d & 23rd Wednesday &
1 25. 1 Guru Nanak Dev's Birthday 1 23rd 1 Friday 1

November
26. Friday following Eid-i-Milad-ul- 23rd Friday
Nabi* November
27. B~rthdayof She~khMohammad 5th December Wednesday
Abdullah
28. Christmas Day 2sth December Tuesday
Note: - *All the Muslim holidays are subject to
Annexure "B" to Government order No.1584-GAD of 2017
Dated 14-12-2017
(i) Provincial Holidavs (Kashtnir Province):

I l ~ .a I
t I
e.
1 Dav
~ r i d a yfollowing Shab-I-Miraj*
----
2oth April Friday
-th---
Khir Bhawani 20 June Wednesday
13. Urs Shah-I- Harndan Sahib* 1 1 8 ' ~Auqust
-
-+
1 Saturday I
4. 1 Urs Sheikh Noor-ud-din-Sahib* 1 7th 0 0 c t o b e ~ s ~ ~
(ii) Provincial Holidavs (Jammu Province):
p-LF Name of the Holiday
---Ravi
--- Das's
--- Birthday 1 31* January 1 Wednes*
--
3. - 1 lStMarch 1 Thursday
(iii) Local Holidavs:
S. No. Name of the Holiday

1. Mela Dasrnochey (Leh
District & Zanskar Sub-
--
Division only)
2. Tangpe Chongya (Leh and lst March
-
Kargil Districts only)
3. Mela Bahu Fort (Jammu
District only) -
r 4 . - - a~ -9
2 Thursday
District only)
Urs Shah Farid-ud-din Sahib 215'June

(Kishtwar District only)
(Kishtwar District only)

-p17m / Friday &
Bhaderwah and Tehsil September
Bhalla only)
and Tehsil Bhalla only)
1 I (Kishtwar, Doda & Ramban I November 1 I
(iv) Restricted Holidays:

m c 1 Name of the Holiday 1 Date bay -7
Dev Ji
A
Arjun 16~ June
~ - I ~ S ~ G F - I
3. Kabir Jayanti (Jammu

Province only)
4. Raksha Bandhan 26th August ( Sunday
-
n
Note: *All the Muslim holidays are subject to ap rance of moon.
Deputy Secr @$: ~;rnent

Dec 12, 2017 06:43 PM IST | Source: PTI
EPFO advises members against fully

withdrawing funds
The Employees' Provident Fund Organisation (EPFO) further said that PF money aimed at social
security benefit and people should not treat it like a bank account.
PTI @moneycontrolcom
Retirement fund body EPFO today advised subscribers not to completely withdraw funds for petty
reasons, saying they will lose out on the social security benefits that come only when continuity is
maintained.
The Employees' Provident Fund Organisation (EPFO) further said that PF money aimed at social
security benefit and people should not treat it like a bank account.
"We want to convey all our members not to be tempted to make final withdrawals from their
Provident Fund balances unless and until it is really necessary. They should continue to live with the
fund until they retire from service, that is our primary objective.
"...we are discouraging people withdrawing in full for petty reasons, because they are not only losing
on their PF money, they are also losing out big time on old age security and pension," V Ranganath,
Additional Commissioner, Central PF Commissioner, Punjab and Himachal Pradesh, said.
The EPFO's zonal office here, covering states of Punjab and Himachal Pradesh, held a press
conference today with a view to disseminate information in this regard and also to highlight several
initiatives that have been taken by it.
"By withdrawal, we mean final payment. For example, you say I have quit the job at place X today and
you are not going to be employed, and whatever balance you have you want that to be given to you.
Part withdrawal is what we call the advance which a member draws from his/her PF account, which is
not going to impact the membership," he said.
EPFO's objective was to make people aware about all its initiatives, especially in the introduction of
new facilities and schemes such as Pradhan Mantri Rozgar Yojana for the employer and the housing
scheme for the employees, which has really made it easy for people to dip into their funds to avail
loan facility in an easy manner.
It is very important for employers to be aware of the benefits that the government has set aside by
subsidizing the pension component of his share under the Pradhan Mantri Rozgar Yojana.
"So, for him, this is a win-win situation, the fresh employment is also generated, the load on the
employer is also offset and the cost of compliance is really cheap for the employer. So, what is
happening here is the 12 percent that employee contributes and the 12 percent which is flowing into
the employee's account, of that 8.33 percent which belongs to the employer is returned by the
government to the employer.
"These are the schemes which we really want to press forward and make the people aware, the
people here I mean the employer as well as the employee," he said.
Ranganath said it is a situation today where the digitisation or the digital movement is really enabling
the EPFO to go forward and introduce lot of things more aggressively. Replying to a question, he said
in his zone, comprising of Punjab and Himachal Pradesh, there are over 61,000 enrolled
establishments, while there are about 10.11 lakh contributing members.
Replying to another question, he said how pension is calculated is unique to every individual
depending on the factors like length of service, contributions made etc.
About other initiatives of EPFO, Ranganath said two years back a Universal Account Number was
introduced to facilitate members, which also helps them in case they change their jobs.
 ePaper
Hyderabad
Labour dept. cracks down on shops
Special Correspondent
HYDERABAD, December 13, 2017 00:44 IST
Updated: December 13, 2017 00:44 IST
Shops and establishments in TS asked to display signboards in Telugu
As the stage is being set for the World Telugu Conference slated to commence on December 15, the
Labour department has decided to crack the whip on the shops and establishments across the State
which fail to display their signboards in Telugu.
The department has launched a special drive to identify the establishments and outlets that are not
displaying signboards in Telugu for the past few days. Most of The department had identified around
4,500 shops and establishments that failed to put up boards in Telugu. A majority of 2,414 shops and
establishments identified are located in the Greater Hyderabad Municipal Corporation jurisdiction.
“The number of such shops and establishments will increase in the coming days as we intensify the
special drive,” Labour Commissioner Nadeed Ahmed told The Hindu that the department was
considering stringent action against those that did not comply with the rules. and the violation could
invite cancellation of the registration of such outlets.
Mandatory display of signboards in the local language, in this instance Telugu, was an old provision
under the Shops & Establishments Act and the department can take action against those not
complying with the guidelines under the Act.
“It is a pre-requisite under the Act to register the shops and establishments and they should ensure
compliance with the existing provisions under the labour laws. We can cancel the registration of such
establishments which fail to adhere to the rules,” he said.
How to merge two or more EPFO accounts
ET CONTRIBUTORS|
Dec 18, 2017, 06.30 AM IST
Multiple job changes typically result in multiple Employee Provident Fund (EPF) accounts being
opened, one with each employer. With the introduction of the UAN (Universal Account Number), it is
possible to consolidate multiple accounts into one single account for each EPFO member.
UAN activation
Each EPFO member is allotted a UAN which is usually specified on the salary slip. To activate UAN, the
member should visit the EPFO unified member portal at https://unifiedportal-
mem.epfindia.gov.in/memberinterface/and click on the tab "Activate UAN". By entering UAN, name,
date of birth and mobile number, an authorisation pin is generated. The UAN gets activated once this
pin is entered and authenticated.
Merging accounts
To merge two existing EPFO accounts, the member must visit the EPFO website and under the
"Services" tab, click on "One employee One EPF account" button.
Details
On clicking the link, a form will open for consolidating multiple EPF accounts. The member must enter
his mobile number registered on the UAN portal. Next, UAN and current member ID must be entered.
On submission of these details, an OTP will be sent to the registered mobile number for
authentication.
Merging of accounts
On entering the OTP, the page for entering old PF account details for merger will be displayed. Once
the old PF account number is entered and the declaration is accepted and submitted, the request for
merger of that account to the existing PF account will be sent to EPFO.
Points to note
The account merging facility is available on three days after activation of the UAN.
To take benefit of this service, the member needs to have his KYC and Aadhaar details updated and
registered with the EPFO.
Content courtesy: Centre for Investment Education and Learning (CIEL).

Contributions by Girija Gadre, Arti Bhargava and Labdhi Mehta.
Bill to amend Payment of Gratuity
Act provisions
The Payment of Gratuity Act 1972 was enacted to provide for gratuity payment to employees
engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other
establishments.
By: PTI | New Delhi | Published: December 18, 2017 8:19 pm
The government on Monday introduced a bill in the Lok Sabha that will allow it to notify the period of
maternity leave and gratuity that can be availed by employees under a central law. The Payment of
Gratuity (Amendment) Bill, 2017 was introduced by Labour Minister Santosh Kumar Gangwar in the
House, amid continued sloganeering by opposition members and counter-slogans by those of the BJP.
The Payment of Gratuity Act 1972 was enacted to provide for gratuity payment to employees
engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other
establishments. It is applicable to employees who have completed at least five years of continuous
service in an establishment that has ten or more persons.
According to the Statement of Objects and Reasons of the bill, the amendment would allow the
central government to notify the maternity leave period for “female employees as deemed to be in
continuous service in place of existing twelve weeks”.
The proposal comes against the backdrop of the Maternity Benefit Act (Amendment) Act, 2017
enhancing the maximum maternity leave period to 26 weeks.
“It is therefore proposed to empower the central government to enhance the period of existing
twelve weeks to such period as may be notified by it,” the Statement said.
With respect to gratuity, the amount is calculated on the basis of a formula which is 15 days of wages
for each year of completed services, subject to the ceiling of Rs 10 lakh. This limit was fixed in 2010.
After implementation of the 7th Central Pay Commission, the ceiling of gratuity amount for central
government employees has been increased from Rs 10 lakh to Rs 20 lakh. Generally, the ceiling under
the Act follows that of the Central Pay Commission recommendations.
“Therefore, considering the inflation and wage increase even in case of employees engaged in private
and public sector, the entitlement of gratuity is also required to be revised for employees who are
covered under the Act.
“It has also been proposed to empower the central government to notify the ceiling proposed,
instead of amending the said Act, so that the limit can be revised from time to time keeping in view
the increase in wage and inflation, and future Pay Commissions,” the Statement said.
Press Information Bureau
Government of India
Ministry of Labour & Employment
18-December-2017 15:22 IST
15,705 Houses Sanctioned this Year for Unorganized Workers
NCS Project Brings 3.92 Crore Job Seekers and 14.86 Lakh Employers on a Single Platform
25 NCS Centres set up For SC/ST to Provide Vocational Guidance
Year End Review 2017
The Ministry of Labour and Employment is committed towards job security, wage security and
social security for each and every worker. Along with bringing transparency and accountability
in enforcement of Labour Laws, the Ministry has taken important initiatives to realize and
establish the dignity of every worker through provision of social security, enhancing the
avenues and quality of employment.
The Government of India is working on a comprehensive strategy to bring employment to the

core of development strategy, promoting industrial activity through Make in India, enhancing
employability through Skill India and encouraging innovation and entrepreneurship through
Start up India.
I. Major Achievements in Labour Welfare:
1. Maternity Benefit (Amendment) Act, 2017

The Maternity Benefit (Amendment) Act 2017 has come into force form April 01, 2017 to
increase paid maternity leave from 12 weeks to 26 weeks. It also has mandatory provision for
crèche in respect of establishments having 50 or more workers and enabling provision for
work from home. For the first time, a provision for 12 weeks paid maternity leave has been
made for both Commissioning and Adopting mothers. The act has approximately benefited 18
Lakh women employees.
2. Child Labour (Prohibition & Regulation) Amendment Rules, 2017
i. The Child Labour (Prohibition & Regulation) Amendment Act, 2016, has been enacted with
effect from 01.09.2016. The amendment provides for complete ban on the employment of
a child below 14 years and prohibition on employment of adolescent (14-18) in hazardous
occupation & profession, as notified in Schedule of Hazardous occupation & profession
dated 30.08.2017. Following the amendment, Ministry of Labour & Employment has
framed the Child Labour (Prohibition and Regulation) Amendment Rules, 2017 and notified
in the Gazette of India on 02.06.2017. Further, India has now ratified two Core ILO
conventions 138 and 182 on child labour.
ii. For effective implementation of the provisions of the amended Child Labour (Prohibition
and Regulation) Act, 1986, Ministry has prepared Standard Operating Procedure (SOP) to
facilitate enforcement of the amended act so that the goal of child labour free India could
be realised.
iii. PENCIL: An online portal was launched on 26.09.2017 for better monitoring & reporting
system to ensure effective implementation of the provisions of the amended Child Labour
(Prohibition & Regulation) Act, 1986 and National Child Labour Project (NCLP) Scheme. As
on date District Nodal Officers from 431 districts out of 710 districts of the country have
registered on the portal. Further all operational Project Societies of NCLP are registered on
the portal for better implementation of NCLP scheme aimed at educational rehabilitation
of child and adolescent labour.
3. Welfare of Unorganised Workers
i. Housing Subsidy to Beedi, Cine and Non-Coal Mine Workers has been increased from Rs.
40,000/- to Rs. 1,50,000. This year 15,705 Houses have been sanctioned at an expenditure
of Rs. 25.5 crore .
ii. Implementation of Revamped Bonded Labour rehabilitation Scheme: As on December 15,
2017 an amount of Rs. 664.50 Lakhs has been released for the rehabilitation of 6413
bonded labourers. Additionally, an amount of Rs. 107.25 Lakhs has been released in 2017-
18 for the purpose of conducting Survey, Awareness Generation and Evaluation Studies.
4. Minimum Wages Revision: There has been an simultaneous increase of about 40% in the
minimum wages for all sectors; agricultural, non-Agricultural, Construction etc. in Central
Sphere. Minimum wage (per day) for non-agricultural worker in the ‘C’ area category increased
form Rs. 250/- to Rs 350/-, Rs 437/- in ‘B’ area category and Rs. 523/- in ‘A’ area category.
Notification to this effect was issued on 27.02.2017(corrigendum).
5. The Payment of Wages (Amendment) Act 2017: The Act now in force enables the employers
to pay the wages to their employees in cash or by Cheque or by crediting the wages in the bank
account of the employee with provision that the appropriate Government may, by notification
in the Official Gazette, specify that an industrial or other establishment shall pay the wages
only by Cheque or by crediting the wages in his bank account. Notification to this effect in
respect of Railways, air transport services, mines and oil field sectors covered under central
sphere has been issued on 25th April 2017. This will help in transition towards formalisation of
Labour force.
6. Payment of Wages Act, 1936: In exercise of the power conferred by sub-section (6) of
Section 1 of the Act, the Central Government has enhanced the wage ceiling from Rs.18,000/-
to Rs.24,000/- per month vide Gazette Notification dated 29th August,2017.
7. Opening of Bank Accounts: Ministry of Labour & Employment undertook a massive drive
between November, 2016 to April, 2017 for opening bank accounts of the workers for ensuring
cashless transactions of wages. 1,50,803 Camps were organized across the country where
49,66,489 bank accounts were opened for the workers to enable cashless transaction of
wages.
II. Major Steps Taken by EPFO:
i. Employees Enrolment Campaign(EEC) of EPFO: EEC was launched by the Government in

January,2017 to enroll left out employees and provide incentives to employers in the form
of waiver of administrative charges, nominal damages @ Rupee 1/- annum and waiver of
employees share if not deducted. In this drive, close to 1.01 crore additional employees
have been enrolled with EPFO between January, 2017 to June, 2017.
ii. Universal Account Number (UAN) as on 12.12.2017, allotted to organized sector workers
making their EPF Accounts portable, benefiting 12,26,13,675 Workers and Aadhar Seeding
completed for 2,56,59,988 UAN Subscribers. Access to online and mobile services (through
UMANG app) is also made available.
iii. A housing Scheme has been notified by EPFO on 12th April 2017 to allow withdrawal of
provident fund by members for housing needs.
iv. Multiple Banking System: Instead of only one bank i.e. SBI, the establishments have the
option of making directed payments through 13 banks now. They are SBI, Allahabad Bank,
Indian Bank, PNB, UBI, Bank of Baroda, ICICI Bank, HDFC Bank, Axis Bank, Kotak Mahindra
Bank, Indian Overseas Bank, IDBI Bank.
v. Online Claim Receipt & other Services

a. Employers can pay their contributions online without any hassle; amount is credited
to members’ accounts within 04 days.
b. Online facility launched for change in name, DOB, gender etc.
c. Digital Jeevan Praman Patra introduced for convenience of Pensioners
d. Online Filing of Returns of Exempted Establishments
e. Online Processing of cases through E-Court Management System
vi. Centralized Services: All 120 EPFO offices have migrated to the consolidated database at
the National Data Centre for seamless interface across the country.
vii. International Workers:
1. Bilateral social security agreement (SSA) made with 19 countries to protect the
interests of Indian professionals, skilled workers abroad; EPFO is the nodal implementing
agency.
2. Online services for generation of certificate of coverage have been introduced.
3. Claims of International workers under are being settled on the last day of work in
India.
4. In 2017, administrative arrangements of India Brazil negotiations were finalized.
III. Major Steps Taken by ESIC
i. Increased workforce under Social Security net:-
a. As on 31.03.2017, the number of Insured Persons covered under the ESI Scheme has
increased to 3.19 crores and the number of beneficiaries covered under Scheme has also
gone up to 12.40 crores.
b. The wage ceiling for coverage of employees under the ESI Act has been enhanced from
Rs.15,000/- to Rs.21,000/- w.e.f. 1st January, 2017.
ii. Extending the Coverage:-
a. As on 30.11.2017 ESI Scheme stands implemented fully in 325 Districts, partially in 85

Districts and in 93 District Hqrs.
b. 1,14,352 additional factories/establishments were brought under the purview of the

scheme. As on 31.03.2017, the total number of factories/establishments covered had gone
up to 8,98,138 as against 7,83,786 units at the end of March, 2016.
c. To extend the coverage to the entire workforce, ESI Corporation launched a new Employer
friendly Scheme named ‘Scheme for Promoting Registration of Employers and Employees
(SPREE)’. Under this scheme, a total of 1,02,013 Employers and 1,30,78,766 Employees
have been covered under ESI Scheme upto 30.06.2017.
iii. Empowerment to IPs & Employers’:-
a. E-biz platform:- ESIC was the first organization of Central government, to integrate its
services (Registration of Employers through e-biz portal of Department of Industrial Policy
and Promotion (DIPP) to promote ease of business and curb transaction costs.
b. E-Penchan:- A process of establishing the identity of the insured person through his Adhaar
number has been set up by seeding his Adhaar number to his insurance number. This has
simplified the identification process of the insured person and his/her dependents at
various point of contact during all type of benefit disbursement. The process has enabled
us to do away with the cumbersome process of making our Insured persons and their
dependents to visit our offices to get their Biometrics taken for issuance of a Pehchan card.
IV. The Code on Wages Bill 2017:
It rationalizes, amalgamates and simplifies the relevant provisions of the following four labour
laws:
The Minimum Wages Act, 1948
The Payment of Wages Act, 1936
The Payment of Bonus Act, 1965, &
The Equal Remuneration Act, 1976
The Draft Code on Wages Bill 2017 has been introduced in the Lok Sabha on 10.08.2017
V. Shram suvidha portal:
i. Unified Registration form for EPFO and ESIC has been made operational.
ii. Unified Returns (ECR) of EPFO and ESIC has been made operational.
iii. Total Establishments which have been allotted LIN as on 12.12.2017 is 22,92,586.
iv. More than 16,000 Annual Single Returns for 9 Labour Laws have been filed.
VI. MAJOR STEPS TO FACILITATE EMPLOYMENT GENERATION:
i. National Career Service (NCS): National Career Service Project brings employers, trainers
and unemployed on single platform. 3.92 crore job seekers, 14.86 lakh employers have been
registered and mobilization of over 7.73 lakh vacancies through the portal as on 31.10.2017.
NCS has partnered with Department of Posts to extend registration of job seekers through
the Post Offices. To enhance the reach and enrich the employment opportunities available
to youth, 22 strategic MOUs have been signed with leading job portals, placement
organizations and institutions of repute. Government of India has recently made it
mandatory for government vacancies to be posted on the NCS Portal.
ii. 25 National Career Service Centres for Scheduled Castes and Scheduled Tribes (NCSC
SC/STs) have been set up for providing vocational guidance and counselling services and
also training in computer courses. During 2017-18, around 1,11,146 SC/ST candidates were
provided vocational guidance and counselling, 8,109 candidates pursued secretarial
practices (shorthand/typing) for enhancing employability, 1,300 candidates pursed the
special coaching scheme course and 3,000 candidates pursued the computer courses till
November, 2017. The 25 (NCSC SC/STs) have been integrated with the NCS Project.
iii. 21 National Career Service Centres for Differently Abled (NCSCDA) have been set up for
Handicapped to provide vocational training, vocational guidance and career counselling to
assist persons with disabilities in the process of economic rehabilitation. During 2017-18,
around 35,415 persons with disabilities were assessed/evaluated and guided for
employability skills and around 6,440 were rehabilitate with various organisations.
iv. Model Career Centers: The Government has approved establishment of 100 Model Career
Centers under NCS project to deliver quality employment services and these centres are
being set up in collaboration with States and Institutions. The NCS Project has also been
enhanced to interlink the employment exchanges with the NCS Portal. The Capacity Building
programmes for 762 Employment Officers have been organised.
v. Job Fairs: 725 job fairs were organized till November 30, 2017.
vi. Pradhan Mantri Rojgar Protsahan Yojana (PMRPY): Government of India is implementing
the Pradhan Mantri Rojgar Protsahan Yojanaa (PMRPY) to incentivize employers for new
employment.The scheme launched on 9th August 2016provides that Government of India
will pay the Employees Pension Scheme (EPS) contribution of 8.33% for all new employees
enrolling in EPFO for the first 03 years of their employment. The scheme is applicable to
those having earnings Rs. 15,000/- per month. A budget provision of Rs. 1000/- crore for
this scheme has been made. For the textile (garmenting) sector, Government of India is
paying the complete 12% employers’ contribution (8.33% EPS +3.67% EPF) for these new
employees till November 2017. 21,841 establishments had registered under PMRPY
scheme and EPS contribution was reimbursed for 13,74,626 beneficiaries. An expenditure
of about Rs.178 crore has been made on the scheme till date.
*****
BY , ET ONLINE | DEC 19, 2017, 10.53 AM IST
Hoping for higher pension from EPFO after SC

judgement? Uncertainty prevails
SUNIL DHAWAN
Post a Comment
Big Change:
Following Supreme Court's judgment enabling 12 petitioners to get a higher pension from EPFO,
other working individuals and even pensioners are all asking the same question: Will they also be
eligible for a higher pension provided they start contributing on full salary, or in case of retired
employees, make a lump sum payment equivalent to unpaid contributions to the Employees'
Provident Fund Organisation (EPFO)? There appears to be no clarity on this.
In fact, if most, except for a small category of people, were to approach the EPFO right now they are
unlikely to be able to make much headway.
Who are these 'small category'? Those who had earlier (during working years) contributed to the EPS
(a fixed percentage of 8.33%) on the basis of their full salary instead of on the basis of Rs 6500. Rs
6500 was the maximum pensionable salary fixed by the government at that time for the purposes of
contribution to EPS.
According to EPFO sources, the organisation is not accepting fresh monthly contributions which were
due earlier (which means that EPFO would not accept retrospective contributions on full salary). They
cited August 29, 2014, circular, wherein the EPS rules were changed effective September 1, 2014, to
increase the wage limit from Rs 6,500 to Rs 15,000 per month.
Here, the contributors were asked to provide a fresh option to continue contributing on full salary
instead of the cap of Rs 15,000 (which is applicable at present) within six months, which was later
extended to 12 months. In case such a fresh option was not exercised by the contributor, then the
contribution to EPS above the wage ceiling was to be diverted to EPF.
The sources said that EPFO is only considering 'reclassifying' the EPS accounts and that too not for all.
It is learnt that they propose to do this re-classification as follows: The revision in the pension can be
only for those pensioners who retired before 2014 from unexempted organisations, provided they
had contributed on full salary.
It is understood that while these pensioners would have contributed to EPS on full salary, the EPFO
would have taken only the amount calculated on Rs 6500 and put that into EPS. The balance would
have been put into the individual's EPF account. So, now these funds from their PF account will have
to be moved into the EPS account to be eligible for higher pension and this process will be done
internally by the EPFO.
For this, the subscriber will have to submit an application on a plain paper to the PF office mentioning
their retirement date and other pension details. The PF office will then recalculate the revised
pension.
Obviously, those pensioners who had withdrawn their entire EPF would have to put back some funds
into it for the above process to be effected.
At the moment, there is a lack of clarity in the EPFO itself as they are going by the various circulars
issued by them from time to time. EPFO will be approaching the apex court and the sources said that
they would rather wait for the court to decide on the matter. The sources we met are also of the
view that not all employees would stand to gain and that only those with a high basic salary will
benefit. They cited a few reasons for this. To be eligible for higher pension on full salary, employees
will have to move back a certain sum of money out of their PF account (along with the interest
earned) into their EPS account. Currently, the pension is calculated based on last five years average
pay, unlike 12 months average pay in the past. This may result in lower pension even after putting
back a huge amount into their EPS account. Also, one needs to take into account his past
contributions to EPS.
Further, the wage limit, if enhanced from Rs 15,000 to Rs 21,000, will also mean lower pension.
Sources also said that the current low-interest rate scenario has suddenly made the EPS an attractive
investment compared to other safe instruments, which was not the case before. Earlier when the
rates were around 15 percent or even higher for other instruments like fixed deposits and small
savings, EPS was thought to be a black hole with a low pension to fall back on after retirement. Now,
with interest rates on the slide, EPS pension is looking attractive and hence individuals want to take
advantage of it.
With so much confusion around whether others will be able to benefit from the recent SC judgement
on higher EPS for those who want to contribute on full salary, the government needs to clarify the
matter and bring out a transparent and a standard mechanism to clear the air.
Shops and establishments can now run 24
hours in state: Maharahstra govt
Written by Vishwas Waghmode | Mumbai | Published: December 20, 2017 3:25 am
In August, both the Houses of the legislature had cleared the Maharashtra Shops and Establishments
(Regulation of Employment and Conditions of Service) Bill, 2017 that allows shops to remain open
24×7.
The Maharashtra government Tuesday issued a notification allowing shops and establishments to
remain open 24×7 across the state. However, it has imposed restrictions on timings of liqour shops
and movie theatres, said sources. In August, both the Houses of the legislature had cleared the
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Bill,
2017 that allows shops to remain open 24×7. In September, the Governor gave his assent to the Bill.
The Act came into effect after the state government issued a notification Tuesday.
“We issued a notification today and the Act comes into effect immediately. It will benefit around 34
lakh establishments across the state and they can operate seven days a week. Due to law and order
issues raised by the Home department, we have imposed restrictions on theaters and liquors shops.
While theaters will have to be shut by 1 pm, the existing timings of closure will remain for liquor
shops,” state Labour Minister Sambhaji Patil told The Indian Express.
The new Act will apply to shops, residential hotels, restaurants, theatres and amusement places to
which the provisions of the Factories Act do not apply. It also applies to establishments, which include
businesses involved in banking, stocks, medical practice, architects, engineers, accountants, tax
consultants and professional consultants.
“For liqour related shops, we have imposed different timing restrictions for municipal corporation,
municipal council and rural areas. Besides, restrictions on movie theatres have been imposed and
they have to be shut by 1 pm. The restrictions have been imposed keeping in mind law and order
issues raised by the Home department,” said a senior official from the labour department.
The officials said the reform is aimed at ease of business, and cutting red tape and inspector raj. “It is
part of ease of doing business. Besides, it will put an end to inspector raj and reduce corruption. Also,
there is an online system for registration that should be issued in a day normally,” added the official.
The Act allows women to work, with their consent, between 9.30 pm and 7 am provided the
employer ensures their safety and transportation from the establishment to their residence. It also
says workers can work for 9 hours a day or 48 hours a week and overtime should be twice the wages.
The workers are also entitled to weekly holiday, paid leaves, a creche and a canteen.
Another official said the establishments will have to register within 60 days from today. “The
establishments having more than 10 employees should apply for online registration. It will not apply
to establishments that have valid registration or renewal until expiry. The establishments having less
than 10 employees have to intimate the state government appointed facilitator with self-declaration
within 60 days,” said the official.
City
Pondy enacts law to regulate jobs of load

workers
TNN | Updated: Dec 22, 2017, 00:06 IST
Puducherry: The Puducherry government has enacted the Puducherry loading and unloading
(regulation of employment and welfare) act, 2017 to regulate the loading and unloading operations in
the Union territory of Puducherry.
The act aimed to regulate employment, fix wages for the workers and restrict unfair practices
connected with loading and unloading operations and transporting of goods and articles.
The act has been published in the official gazette of the Puducherry government, said commissioner
(labour) E Vallavan.
As per the act, whoever commits any unfair practice shall be punishable with imprisonment of up to
six months without or with fine, which shall not be less than Rs 1,000 and which may extend to Rs
5,000. Similarly, any unauthorised entry into the property of an employer or any other person and
creation of obstruction to their work or damages property of the employer shall be punishable with
imprisonment, which may extend to two years without or with fine, which shall not be less than Rs
1,000 and which may extend to Rs 10,000 or with both.
Vallavan appealed to all the occupiers, employers of all factories, industries, shops and other
commercial establishments, markets, godowns, storage points, warehouses and residences located in
Puducherry, Karaikal, Mahe and Yanam regions to comply with the provision as enshrined in the act.
The act will also cover operations related to shifting of household articles.
The labour department has uploaded particulars regarding the act on its website
http://labour.pondicherry.gov.in
‘With Aadhaar we have been able to cut the
umbilical cord with the employe’
V.P. Joy, central provident fund commissioner, took us through the big bang reforms that took place
in 2017
Last Published: Wed, Dec 27 2017. 07 24 AM IST
For the Employees’ Provident Fund Organisation (EPFO), 2017 was a significant year as it centralised
its systems and took a tech leap to offer seamless digital solutions to the subscribers. Specifically,
EPFO subscribers who had linked their Aadhaar number with their Universal Account Number (UAN)
were able to experience smoother withdrawals, transfers and other activities from their provident
fund account. EPFO took another leap of faith and hiked equity exposure to 15% of the incremental
flows through the ETF route. V.P. Joy, central provident fund commissioner, took us through the big
bang reforms that took place in 2017. Edited excerpts:
With the launch of UAN, EPFO has seen many technological advancements. How have these helped
employees?
With UAN, we could link various accounts of employees into an umbrella account and they could see
their balances online. But we couldn’t offer any real online service as the EPF data was decentralised
in 120 servers across various EPF offices. Centralization was the most difficult and challenging task in
digital transformation of the EPFO.
The online services and detaching of members’ accounts from the employer became possible only
when we centralized our systems at the National Data Centre last year and it became operational fully
this year. Now there are mainframe servers in Delhi and Hyderabad as back-up.
Earlier, provident fund accounts were scattered across regional provident fund centres. An employee
of Chennai could retrieve her information only from the regional provident fund office of Chennai.
With centralization, benefits of UAN were made available to employees through online services this
year. Contribution collection too became centralized. Earlier the employer would put in money and it
would take 3-4 months to reflect in the accounts. Now it happens in a couple of days. This also
enables to track defaulting employers and now we have built an effective realtime default tracking
and management system. For employees, we have introduced shorter transfer and withdrawal forms
with which they can completely eliminate the employer authentication while making a claim.
But all of this depends on having Aadhaar.
Yes. Aadhaar verifies the identity of the employee, for which earlier we depended on the employer.
We have also introduced composite claim forms for withdrawals, which don’t need verification by the
employer if employees’ UAN is verified with Aadhaar. Further, we launched the facility online and on
mobile phones where employees can make a withdrawal claim. With Aadhaar we have been able to
cut the umbilical cord with the employer. In fact, because of Aadhaar now we will see a drop in
inoperative accounts because till now we needed employers’ intervention to verify an employee.
And due to centralization of our systems and Aadhaar, even the process of transfer is automated. A
new employer just needs UAN of the employee to register her with EPFO. The system will update the
account history tagged to the UAN and the transfer is automatically completed. And because KYC can
be processed through the UAN and Aadhaar, we have eliminated the verification process by the
former employer and also the form-filling exercise completely.
But many people have trouble matching their Aadhaar details with EPFO database, and cannot use
online facilities.
Yes, that’s a problem especially with the old database as many employees left out basic information.
We have an online facility to correct details as per their Aadhaar. For instance, we don’t need a
certificate if the difference in date of birth with that in Aadhaar is a year or less, or if the gender is not
mentioned. The employee needs to give Aadhaar details online, which are verified by the back office
and changes approved in the system.
You have decided to increase equity allocation to 15% this year, and unitize the equity corpus. By
when will this happen? What happens to the money thus far invested in equities?
We are planning to account for the equity component by next financial year. Going forward,
employees will have two accounts. The cash account will have 85% of the contributions and will
accumulate interest the way it happens now. The equity account will have the remaining 15% of the
contributions. This account will be unitized and employees can track their fund value by looking at the
NAV and units held by them. Everything else remains the same, with respect to withdrawals,
advances and transfer rules. Employees will have the freedom to decide the account they would like
to withdraw money from.
Talking about the existing corpus, so far we have invested Rs35,000 crore through ETFs. We are yet to
take a call on how and when to retire this investment. The Central Board of Trustees is yet to take a
call on this but we will have to liquidate the corpus eventually at the appropriate time.
The Employees’ Pension Scheme (EPS) also got a lot of attention this year after a Supreme Court
order last year allowed employees to increase their contribution to EPS and increase pension
eligibility. This is going to increase EPFO’s liabilities. How are you preparing for it?
EPS is a defined benefit scheme where the pension is given based on a formula and it’s not fully based
on the contributions. Yes, till 2014 there was a rule that allowed a member to contribute on a higher
salary in order to get a higher pension as the pension formula is based on the terminal average salary
from which you contribute into the EPS. Now a few years back when the interest rates were high,
people preferred fixed deposits and PF deposits as they chose to contribute on the minimum salary
(8.33% of Rs6,500) to the EPS even when their salaries were more. Now with the decreasing interest
rate trend, EPS looks much more attractive as it is a defined benefit system. And so many erstwhile
members want to pull the money from the banks, pay arrears to the EPFO and get a higher pension.
But there is no provision in the statute to make a retrospective pension contribution to the EPS.
The clamour around EPS happened because interest rates are falling and defined pension system
looks attractive. But we need to realise that in a falling interest regime, EPS itself cannot take new
commitments which will weaken it.
The position in this matter has been clarified by EPFO. Only those employees that were contributing
12% of their actual salary and not 12% of the capped wages on monthly basis earlier to the EPFO are
eligible to increase their contribution in the EPS by agreeing to contribute 8.33% of the actual salary
and not 8.33% of the capped wages to the EPS. They need to make a request and EPFO will reclassify
the money from EPF to EPS. For those who have withdrawn their money from provident fund, they
will need to plough back the due amount with the interest accrued to EPS.
Also keep in mind that the provision to increase the contributions to EPS was allowed till 2014 and
not after that. So the reclassification is mainly important only for people who left the EPFO before
2014. For those who are still contributing to EPS, the 2014 amendment no longer allows them to
increase their contributions beyond the capped wages. For people who retired before 2014, we have
a rough estimate on the liabilities. The matter relating to exempt establishments is sub-judice.
How do you look back at 2017 and what are the challenges ahead?
Our biggest achievement as an institution that manages corpus for 47.5 million employees is the
centralization of our system and that has speeded many things. We were also able to put in place a
default management framework where we track defaulting establishments who don’t credit money
on time and take legal action against them. In fact, we also publish the list of defaulting
establishments and over time this number is coming down. We now offer value-added services that
let you make withdrawals instead of a mere check of your passbook online. There is now an EPFO app
in Umang that you can use to access EPFO online services from your smartphone. But all of these
services depend on people linking their Aadhaar, which is the next big challenge for us. So far we have
only 15 million employees that have seeded and verified their Aadhaar with their UAN. We need all
the employees to verify their Aadhaar to the UAN so that we can go paperless and all applications are
online. Then there are no forms to be filled and submitted just your UAN, the service you want and
Aadhaar for verification is all that you will need. We plan to go paperless by the 15 August next year.
The next big challenge is to clean the old database and merge old accounts.
First Published: Tue, Dec 26 2017. 05 14 PM IST

Govt may bring back proposal to allow
fixed-term employment
The Union Cabinet had approved a special package for the footwear, leather, and accessories sector
on December 15
The National Democratic Alliance (NDA) government is exploring the possibility of bringing back a
controversial proposal to allow industries to hire workers on fixed-term contracts.
The move, if given a go-ahead, will allow industries to employ workers for short assignments and
terminate their services once the projects are completed.
“We have received representations from various industries to allow flexibility in hiring workers in
seasonal jobs. The latest demand has come from the food-processing industry. Instead of giving
sector-wise relaxation, we may look at allowing fixed-term employment for all the industries,” said a
senior labour and employment ministry official, requesting anonymity.
The Union Cabinet had approved a special package for the footwear, leather, and accessories sector
on December 15. The package included allowing fixed-term employment in these sectors “in order to
attract large scale investments at global scale”.
ADVERTISING
In October last year, the Ministry of Labour and Employment had notified changes to the Industrial
Employment (Standing Orders) Central Rules, 1946, allowing the apparel manufacturing sector to hire
workers on fixed-term contracts. Under fixed-term employment, workers are entitled to all statutory
benefits available to a permanent worker in the same factory. The benefits include the same working
hours, wages, and allowances. However, employers may not give notice to a fixed-term worker on
non-renewal or expiry of his or her contract. In addition, employers can directly hire a worker for a
fixed-term without mediation by a contractor.
“It is a ‘win win’ situation for both worker and employer as on one hand, it provides flexibility for
employing workers as per the demands of the market and on the other hand, it ensures worker hired
gets equal benefits and working condition at par with the permanent employee,” the ministry of
labour and employment had said in a statement in October last year, while announcing fixed-term
employment in the apparel sector. Companies in seasonal work usually refrain from hiring permanent
workers for project-based jobs because termination requires going through the process of
retrenchment under the Industrial Disputes Act. This includes giving notice, paying compensation, and
intimating the government.
The NDA government had mooted

allowing fixed-term employment in
April 2015 by issuing draft rules to
amend the Industrial Employment
(Standing Orders) Central (Amendment)
Rules, 2015. However, Bandaru
Dattatreya, who was then labour and
employment minister, had shelved the
proposal last year after strong
opposition from trade unions.
The previous NDA government in 2003

had allowed hiring fixed-term workers
but the United Progressive Alliance
(UPA) government in 2007, following
pressure from central trade unions,
scrapped it. Central trade unions continue to oppose fixed-term employment. “We are demanding
increase in permanent employment. Contractors terminate the employment of workers at a time
when they get skilled while doing the job. So, instead of bringing fixed-term employment, the
government should fix the issues related to dealing with contractors in hiring workers,” Bharatiya
Mazdoor Sangh (BMS) General-Secretary Virjesh Upadhyay said.
At present, most countries of the Organisation for Economic Co-operation and Development (OECD)
and emerging nations allow using workers on fixed-term contracts with several conditions. The Indian
Council for Research on International Economic Relations (Icrier) said in its working paper titled
‘Labour Regulations and Growth of Manufacturing and Employment in India: Balancing Protection and
Flexibility’ that giving fixed-term workers a minimum employment contract for six months and the
right to be members of the trade union are important safeguards for fixed-term workers.
First Published: Wed, December 27 2017. 00:28 IST
Govt unlikely to slow down on labour
reforms in 2018
By PTI | Dec 29, 2017, 01.11 PM IST
NEW DELHI: General elections being just over one year away notwithstanding, the government is not
looking at slowing down on labour reforms in 2018 and is likely to get at least two codes on wages as
well as industrial relations passed by Parliament.
The Ministry of Labour and Employment has envisaged to concise over 44 labour laws into four broad
codes in wages, industrial relations, social security, and occupational safety, health and working
conditions.
Labour Secretary M Sathiyavathy expressed the ministry's intent to push all four codes for passage in
Parliament next year. "Government is not going slow on labour reforms. All four codes would be
pushed in2018," she said.
The codification of the labour laws will remove the multiplicity of definitions and authorities leading
to ease of compliance without compromising wage security and social security to workers.
The draft Code on Wages Bill 2017 was introduced in the Lok Sabha in August 2017. The bill will be
pushed for consideration and passage in the Lok Sabha and subsequently in the Rajya Sabha in 2018.
Get charged with Thums Up Charged.
The Code on Wages rationalises, amalgamates and simplifies the relevant provisions of the four
labour laws-- The Minimum Wages Act, 1948; The Payment of Wages Act, 1936; The Payment of
Bonus Act, 1965, and The Equal Remuneration Act, 1976.
Similarly, Code on Industrial Relations Bill has been finalised by a group of ministers headed by
Finance Minister Arun Jaitley and is likely to be approved soon for putting it before Union Cabinet so
that it could be pushed for passage in Parliament next year.
The Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the
Industrial Disputes Act, 1947, would be combined into the code on industrial relations.
The unions had objected the proposed amendment in the bill to allow units with up to 300 workers to
retrench, lay off or close down without the permission of the government.
Presently, all units with up to 100 workers can retrench, lay off or close down without the
government's permission. The government is most likely to keep this provision in the new code.
Therefore, the codification of industrial relation laws would not allow businesses to hire and fire
abruptly.
Similarly, another proposal to increase severance pay for retrenched workers may not be part of the
bill as it would be seen as an anti-industry move.
It was proposed to increase the severance pay to 45 days' salary for each completed year of service,
from 15 days provided at present.
The drafts of the other two codes, social security, and occupational safety, health and working
conditions, would be finalised for Union Cabinet approval after deliberations on it through a tripartite
mechanism.
The sources say that the government has tried to allay apprehensions of central trade unions during a
discussion on new social security code but workers representatives are opposing it.
The code proposed to merge retirement fund body Employees' Provident Fund Organisation (EPFO)
and state health insurer Employees' State Insurance Corporation (ESIC)
"Through our comments in general, we have opposed the proposal of merger of Employees Provident
& Miscellaneous Provisions Act and Employees State Insurance Corporation Act as EPF & EPS schemes
and ESI scheme functioning under these two Acts have been rendering satisfactory service to their
members for the last 60 years," All India Trade Union Congress had said in a letter to the labour
secretary.
The union had also opposed the other proposal under the code for coverage of unorganised workers
with and without identifiable employer, a separate social security organisation be set up for providing
social security to them and a token contribution be charged from them while the major part of the
contribution should be made by the government.
Unions were also against the proposal of forming a National Social Security Council with the prime
minister as chairman, which shall control and regulate all the social security schemes to be
implemented in the country.
The code also propose to hand over operation of social security schemes to state governments.
A source said that the codes on social security and occupational safety, health and working conditions
may take a bit longer and may not be able to get Parliament's approval next year.
Besides these codes, a bill to amend Contract Labour Act will also be pushed for passage in Parliament
next year. The bill seeks to distinguish between contract labour and work labour.
The contract labour are workers which work for the organisations provided by contractors whereas
the work labour work to completion of certain task like one-time repair of factory or office buildings.
Besides, the law would also provide for registration of labour contractors with states as well as central
governments. At present, the contractors have to seek permission of centre and states for every
contract to provide workers.
This will also help centre and state governments to monitor these contractors and would be able to
blacklist defaulters and offenders.
The Payment of Gratuity (Amendment) Bill, 2017 is likely to see the light of the day in 2018. It was
introduced in the Lok Sabha on December 18, 2017.
The bill seeks to enable central government to enhance ceiling of the maximum amount of gratuity
payable to an employee. It is Rs 10 lakh. The government has planned to double it. After this
amendment, the government would be able to increase the maximum amount of gratuity by an
executive order.
Besides, the bill would also enable the central government to enhance paid maternity leave by
executive order. At present, it is 12 weeks under the Act. The Maternity Benefit (Amendment) Act,
2017 has enhanced the maximum maternity leave from 12 weeks to 26 weeks.
Labour Bureau, a wing of the ministry, would also conduct first of its kind survey to gauge
employment generation under Mudra scheme of the central government, which is facing charges of
job loss after demonetisation last year.
EPF and ESIC: Modi government hits
brakes on plans to widen cover
The government has developed cold feet on a plan to extend the benefits (provident fund, insurance
& pension) under the Employees’ Provident Fund (EPF) scheme to unorganised sector workers, who
are 90% of the country’s 50-crore workforce. A
By: Surya Sarathi Ray | Published: December 29, 2017 5:56 AM
The government has developed cold feet on a plan to extend the benefits (provident fund, insurance
& pension) under the Employees’ Provident Fund (EPF) scheme to unorganised sector workers, who
are 90% of the country’s 50-crore workforce. A similar plan by the Employees State Insurance
Corporation (ESIC) to reach informal sector workers may also be put on the back burner. The main
hurdle to the plans of the two organisations is the practical difficulty of getting the employers — say,
households in the case of domestic helps and truck owners who employ drivers and cleaners — to
contribute to the designated funds. Labour minister Santosh Kumar Gangwar told FE that even
though Prime Minister Narendra Modi was “very positive” about bringing the unorganised sector
workers under the social security net, the problem lay in unorganised sector units’ refusal to give
workers the status of regular employees. Labour secretary M Sathiyavathy said, “We will expand the
coverage of EPFO and ESIC in phases,” but could not give a time frame.
The ambitious draft Labour Code on Security and Welfare, unveiled in March this year, proposes to
use contributions from workers and employers and government outlays (as welfare funds) to create
social security funds in each state. These funds, as per the code, would be used to provide assorted
benefits to workers such as pension, provident fund, group insurance as well as sickness and
maternity benefits, with the government pitching in where the workers themselves are unable to
contribute. However, it is almost certain now that code will not be approved by Parliament during the
tenure of the current government. The opposition to these proposals from the SME sector is also
holding the government back. The ESIC, however, is going ahead with its plan to expand presence to
as many as 225 districts hitherto not reached by it. While the Employees’ Provident Fund Organisation
has an active subscriber base of around 5 crore, a little over 3 crore employees are covered under the
ESIC scheme. Under the EPF Act, 1952, an EPF account is mandatory for all employees earning up to
Rs 15,000 per month in firms employing more than 20 workers. For ESIC, the eligibility threshold was
raised last year to a maximum monthly income of Rs 21,000 per month from Rs 15,000 earlier.
Although there are proposals to lower the employee threshold for EPF cover from 20 now and raise
the wage ceiling for mandatory EPF to Rs 21,000 per month from Rs 15,000, these are yet to be
implemented

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Bulletin 133rd Issue January 2018

Extract of the Notification is appended (Refer Page No 10.)

Gratuity law amendment Bill introduced in Lok Sabha

Extract of the Notification is appended (Refer Page No 25.)

Introduction to Workmen’s Compensation (Transfer of money) Amendment

• The Workmen’s Compensation (Transfer of Money) Amendment Rules, 2017

Extract of the Notification is appended (Refer Page No 30.)

Amendment made in Rationalisation of Forms and Reports under certain

• Contract Labour (Regulation and Abolition) Central Rules,1971,

Amendment made in Rationalisation of Forms and Reports under certain

Extract of the Notification is appended (Refer Page No 32.)

Amendments made in Puducherry factories rule, 1964

Extract of the Notification is appended (Refer Page No 53.)

Amendments made in Rule 55 of West Bengal Shops and Establishments

Multiple PF Accounts can consolidate into one PF Account

Extract of the Notification is appended (Refer Page No

Timeline revised for submission of return by PF exempted establishments

Extract of the Notification is appended (Refer Page

National Holiday for 2018 declared in Telangana

Extract of the Notification is appended (Refer Page No 79.)

Public Holiday for 2018 declared in Haryana

Extract of the Circular is appended (Refer Page No 81.)

Public Holiday for 2018 declared in Jammu & Kashmir

Extract of the Notification is appended (Refer Page No 84.)

Media coverage in labour & employment domains

• How to merge two or more EPFO accounts. (Refer Page No 92.)

• Bill to amend Payment of Gratuity Act provisions. (Refer Page No 93.)

• Shops and establishments can now run 24 hours in state:

• Pondy enacts law to regulate jobs of load workers. (Refer

• 'With Aadhaar we have been able to cut the umbilical

• Govt may bring back proposal to allow fixed-term

• Govt unlikely to slow down on labour reforms in 2018.

• EPF and ESIC: Modi government hits brakes on plans to

CORPORATE OFFICE: CONTACT US:

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By order and in the name of the Governor of Maharashtra,

MAHARASHTRA ACT No. LXI OF 2017.

WHEREAS it is expedient to provide for the regulation of employment

(25) “week” means the period of seven days beginning at midnight

Bill No. 205 of 2017

THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017

NEW DELHI; SANTOSH KUMAR GANGWAR

MINISTRY OF LABOUR AND EMPLOYMENT

नई दली , 28 नव बर, 2017

(2) ये राजप+ म उनके काशन क तारीख को वृत हगे ।

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(ii) ऄंिरराधययक प्रिासी कमआकार(धनयोजन का धिधनयमन और सेिा-शिआ) ऄधिधनयम, 1979(1979 का 30)

7459 GI/2017 (1)

(2) ये राजपत्र में प्रकाशन की िारीख को प्रिृि होंगे।

2. ्‍ ापन का डाक पिा

3. ्‍ ायी खािा संख्या(पेन)/माल और सेिा कर पहचान संख्यांक (जीएसर्टीअइएन)/श्रधमक पहचान

4. प्रिान धनयोिा/धनयोिा* का पूरा नाम और पिा

8. भिन एिं ऄन्द्य सधिमाआन कायआ* के अरं भ की प्राक्कधलि िारीख।

9. भिन एिं ऄन्द्य सधिमाआन कायआ* की समाधि की प्राक्कधलि िारीख।

प्रिान धनयोिा/धनयोिा* के ह्‍िाषेपर

ऄ‎धिधनयम, 1970 (1970 का 37)

क्र. सं. III प्रिान ‎

1. िे केिार के ्‍ ापन के मामले में प्रिान ‎धनयोजक का नाम

2. ्‍ ापन के प्रारं भ होने की िारीख

क्र. सं. IX कायआ ‎दििस और सिाह ‎दििस:

4. ‎धिश्राम का सािा‎धहक ‎दििस

(2) ये राजप+ म उनके काशन क तारीख को वृत हगे ।

पा5रणािमक संशोधन, जो 6ाकरण के िनयम 7ारा अपेि'त ह, भी कए जाएंगे ।

7. Address House No./Flat No.____Street/Plot No. _Town___

PLACE DATE SIGN. HERE.”.

(ख) िनयम 82 म,—

(2 ) ये राजप म उनके काशन क$ तारीख को वृI ह4गे ।

(ख) िनयम 242 म, -

कािशत 9कया गया था ;

अंतरराि@यक वासी कमAकार (िनयोजन का िविनयमन और सेवा शतA) अिधिनयम, 1979

56 Uयेक मूल िनयो+ा और ठे केदार, भारत सरकार, म और रोजगार मं

(घ) Fप 23 और Fप 24 का लोप 9कया जाएगा ।

रािजत पुनहानी, संयु+ सिचव और महािनदेशक (म क5याण)