Document — The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979 (CENTRAL ACT)

[103] TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 32] CHENNAI, WEDNESDAY, AUGUST 5, 2020 Aadi 21, Saarvari, Thiruvalluvar Aandu–2051 © [Regd. No. TN/CCN/467/2012-14 GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2020 [Price : Rs. 8.00 Paise. DTP—32-III-1(a) Part III—Section 1(a) General Statutory Rules, Notiﬁ cations, Orders, Regulations, etc., issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT CONTENTS Pages. LABOUR AND EMPLOYMENT DEPARTMENT Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020 .. 104-120 104-120 PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT Amendments to the Tamil Nadu Lokayukta Rules 2018 .. 121 121 104 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) NOTIFICATIONS BY GOVERNMENT LABOUR AND EMPLOYMENT DEPARTMENT Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020. [G.O. Ms. No. 111, Labour and Employment (H1) 14th July 2020, ÝQ 30, ê£˜õ£K, F¼õœÀõ˜ Ý‡´&2051.] No. SRO A-27/2020.— Whereas, for the ease of, and for the expedient compliance of the requirements of certain labour related laws referred to herein and for the purpose of rationalisation of forms and reports so as to provide trust based efficient public service delivery, it has become essential to frame separate rules; And Whereas, the intention to provide for combined and simplified forms and reports is to sub-serve the purposes, electronically or otherwise, of the said Labour related Laws and the rules made thereunder, wherein provisions have been made for use of such forms and reports; And Whereas, the combined and simplified forms and reports provided under these rules will facilitate ease of compliance and inspection, being as simple as possible and making the information provided there under easily accessible to the public thereby increasing transparency; And Whereas, making separate rules for the aforementioned purpose will benefit making use of the forms and reports provided under different labour related laws simple, which will serve public purpose in a better way; And Whereas, to achieve the aforementioned purposes, the Rules, namely the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Laws Rules, 2020 which is proposed to be made in exercise of the powers conferred by,- (a) Section 35 ofthe Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970); (b) Section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979); and (c) Section 62 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996); consultation with the expert committee. 1. Short title and commencement.- (1) These rules may be called the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Maintenance of Forms under certain Labour related Laws.- (1) Notwithstanding anything contained in any rules made under- (i) the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970); (ii) the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979); and (iii) the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996), the Forms specified in the Schedule annexed to these rules shall be maintained either electronically or otherwise and used for the purposes of the aforesaid enactments and the rules made thereunder, as specified therein. (2) If the Forms referred to in sub-Rule (1) are required for inspection by the concerned Inspector appointed under any of the enactments referred to in the said sub-Rule, the concerned persons shall make available such Forms or provide the necessary particulars for the purposes of accessing the information, as the case may be. 3. Amendment of certain Rules.- The following rules shall be amended, except as respects things done or omitted to be done before such amendment, in the manner specified below, namely :- (1) in the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975,- (a) in Rule 17, in sub-Rule (1A), for the expression “in Form I”, the expression” in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (b) in Rule 18, in sub-Rule (1), for the expression “in. Form II”, the expression” in Form I annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 105 (c) in Rule 21,- (i) in sub-Rule (1), for the expression “in Form IV”, the expression “in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (ii) in sub-Rule (2), for the expression “in Form V”, the expression “in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (d) in Rule 24, in sub-Rule (2), for the expression “in Form V-A”, the expression “in Form V annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (e) in Rule 25,- (i) in sub-Rule (1), for the expression “in Form VI”, the expression “in Form VI annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (ii) in sub-Rule (2),- (A) in clause (iv), after the expression “settlement or award”, the expression “or by the appropriate Government” shall be inserted; (B) in clause (vii), for the expression “in Form VI-A”, the expression “in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (f) in Rule 29,in sub-Rule (2), for the expression “in Form VII”, the expression “in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (g) Rule 32 shall be omitted; (h) in Rule 77, for the expression “in Form XV”, the expression “in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (i) in Rule 81, in sub-Rule (3), for the expression “in Form VI -B”, the expression “in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; and (j) existing Forms I, II, IV. V, V-A, VI, VI-A, VI-B, VII, VIII, IX, X, XI and Form XV shall be omitted. (2) in the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983,- (a) in Rule 3, in sub-Rule (1), for the expression “in Form I”, the expression” in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (b) in Rule 4, in sub-Rule (1), for the expression “in Form II”, the expression “in Form I annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (c) in Rule 7,- (i) in sub-Rule (1), for the expression “in Form IV”, the expression “in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (ii) in sub-Rule (2), for the expression “in Form V”, the expression “in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (iii) in sub-Rule (3), in clause (a), for the expression “in Form VI”, the expression “in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (d) in Rule 10, in sub-Rule (2), for the expression “in Form VII”, the expression “in Form V annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (e) in Rule 11,- (i) in sub-Rule (1), for the expression “in Form VIII”, the expression “in Form VI annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (ii) in sub-Rule (2), in clause (v), after the expression “settlement or award”, the expression” or by the appropriate Government” shall be inserted; (f) in Rule 15,in sub-Rule (2), for the expression “in Form IX”, the expression “in Form II annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; 106 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) (g) in Rule 21, in sub-Rule (1), for the expression “in Form X”, the expression “in Form X annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (h) in Rule 24, for the expression “in Form XI”, the expression “in Form X annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (i) in Rule 50, for the expression “in Form XIV”, the expression “in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; and (j) existing Forms I, II, IV, V, VI, VII, VIII, IX, X, XI and Form XIV shall be omitted. (3) in the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006,- (a) in Rule 23, in sub-Rule (1), for the expression “in Form I”, the expression” in Form XII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (b) in Rule 24, in sub-Rule (1), for the expression “in Form II under Schedule XIII to these rules”, the expression “in Form I annexed to the Tarnil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (c) in Rule 26, in sub-Rule (3), for the expression “in Form IV under Schedule XIII to these rules”, the expression “in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (d) in Rule 74, in sub-Rule (b),- (i) in clause (i),- (A) in sub-clause (a), for the expression “in Form V under Schedule XIII to these rules”, the expression “in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (B) in sub-clause (b), for the expression “in Form VI under Schedule XIII to these rules”, the expression “in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (ii) in clause (ii), for the expression “in Form VII under Schedule XIII to these rules”, the expression “in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (iii) in clause (iii), for the expression “in Form VIII under Schedule XIII to these rules”, the expression “in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (iv) in clause (iv), for the expression “in Form IX under Schedule XIII to these rules”, the expression “in Form IV annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (e) in Rule 210, in sub-Rule (7), for the expression “in Form XIV”, the expression “in Form XI annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (f) in Rule 223, in clause (c), for the expression “in Form XI under Schedule XIII to these rules”, the expression “in Form IX annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (g) in Rule 230, in clause (a), for the expression “in Form XIII under Schedule XIII to these rules”, the expression “in Form XI annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (h) in Rule 239, in sub-Rule (1), for the expression “in Form IV under Schedule XIII to these rules”, the expression “in Form VII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; (i) in Rule 241, in sub-Rule (2), in clause (b), for the expression “in Form XXIV under Schedule XIII to these rules”, the expression “in Form VIII annexed to the Tamil Nadu Rationalisation of Forms and Reports under Certain Labour Laws Rules, 2020” shall be substituted; and (j) existing Forms I, II, IV, V, VI, VII, VIII, IX, X, XI, XIII, XIV and Form XXIV shall be omitted. Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 107 Tඐඍ Sඋඐඍඌඝඔඍ [See Rule 2(1)] FORM I. [Under Rule 18(1) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; Rule 24(1) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006; and Rule 4(1) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] CERTIFICATE OF REGISTRATION OF THE PRINCIPAL EMPLOYER/EMPLOYER* Date .......................... Government of Tamil Nadu Oﬃ ce of the Registering Oﬃ cer A Certificate of Registration containing the following particulars is hereby granted under sub-Section (2) of Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) */sub-Section (3) of Section 7 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996)* /clause (a) of sub-Section (2) of Section 4 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979)* and the rules made thereunder to .................................................... . 1. Nature of work carried on in the establishment of the Principal Employer. The Name and Address of the Establishment 2. Name and Address of Contractors. * 3. Labour Identification Number /Permanent Account Number of contractors * 4. Email ld of contractors * 5. Mobile No. of contractors* 6. Nature of work of the contractor/employer* in which workman/building and other construction (BOC) worker* is employed or is to be employed. 7. Maximum number of building and other construction (BOC) workers to be employed by the employer under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996) / workmen to be employed through each contractor under the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) or under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979)* on any day. Signature of the Registering Oﬃ cer with Seal. * Please strike off whichever is not applicable. FORM 11. [Under Rule 21(1) and Rule 29(2) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 7(1), Rule 7(2) and Rule 15(2) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Application for Licence / Renewal of Licence under the Contract Labour (Regulation and Abolition) Act, 1970 (Centra! Act 37 of 1970) / the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979)*: A. Details of the contractor 1. Name and Address of the contractor: 2. Labour Identification Number / Permanent Account Number of the contractor: 3. Email Id of the contractor: 4. Mobile No. of the contractor: 108 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) B. Details to be ﬁ lled only in case of application for licence* Particulars of Establishment where workman is to be employed: (a) Name and Address ofthe Principal Employer: (b) Number and date of Certificate of Registration of the Establishment under the Act: Particulars of Contract Labour- (a) Nature of work in which workman is employed or is to be employed in the Establishment: (b) Type of Business, Trade, Industry, Manufacture or Occupation which is carried on in the establishment: (c) Name and address of the Agent or Manager of Contractor at the work-site: (d) Duration of the proposed contract work (please give particulars of proposed date of commencement and completion): (e) Maximum number of workmen proposed to be employed on the establishment on any date: (f) Whether a certificate by the Principal Employer, in Form III annexed to the Tamil Nadu Rationalisation of Forms and Reports under certain Labour Law Rules, 2020 is enclosed. C. Details to be ﬁ lled only in case of application for renewal of licence* (a) Number and date ofthe licence: (b) Date of expiry of the licence: D. Details of licence fee and security deposit (a) Amount of licence fee, name of the Bank, demand draft No. and date / transaction no. and date in case the amount has been deposited in the notified bank account / Challan No, name ofthe treasury and date in case the amount has been paid through treasury (b) Amount of security deposit, name of the Bank, demand draft No. and date / transaction no. and date in case the amount has been deposited in the notified bank account / Challan No, name of the treasury and date in case the amount has been paid through treasury / No. and date of small saving scrip Signature of the Applicant (Contractor) Place ............................ Date ............................. * Please strike off whichever is not applicable. _______________________________________________________________________________ (To be filled in the office of the Licensing Officer) Date of receipt of the application with DD for fees/Security Deposit Signature ofthe licensing Officer FORM Ill. [Under Rule 21(2) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 7(3) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Form of Certiﬁ cate by Principal Employer Certified that: 1. I have engaged the applicant (name of the contractor) as a contractor in my establishment for the work _________ to be carried out from _________ (date) to _________ (date). 2. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) and the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975*/ the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979) and the Inter-State Migrant Workmen Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 109 (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983* in so far as the provisions are applicable to me in respect of the employment of contract labour/inter-state migrant workmen* by the applicant in my establishment. 3. The engagement of contract labour in the said work is not prohibited under sub Section (1) of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) or an award or a settlement. * Place: Signature of Principal Employer. Date: Name and address of the establishment. *Please strike off whichever is not applicable. FORM-IV. [Under Rule 56, Rule 62, Rule 69, Rule 70, Rule 72, Rule 73, Rule 74(b) and Schedule I of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006) CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF VARIOUS APPLIANCES (Please ﬁ ll particulars as applicable) 1. Location of work 2. Registration Certificate number and date in respect of building and other construction work Sl No. Appliance Category Test Certificate No. and date of test Situation and description with distinguishing number or marks Parameters of test and examination * Test load applied Safe work load as per Parameters in column (3) (Tonnes) Specific Details Name and address of public service, association, company, or firm or testing establishment making the test and examination Name and position of the competent person of public service association, company or firm or testing establishment (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (1) Winches, Derricks and their Accessory Gear (Lifting appliance and Gear) [Rule 56, Rule 74 (b) and Schedule I of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] (in tonnes) ............ (2) Cranes or Hoists and their Accessory Gear [Rule 56 and 74 (b) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] (in metres] ............ 110 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) (3) Loose Gear (also, Initial test and examination certificate No. and date to be indicated, in case of periodical test) [rules 70 and 74(b) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] (in tonnes) (name and address of Manu- facturer or supplier) (4) Wire Rope [rules 71 and 74 (b) ofthe Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] (name and address of maker or supplier) (Quality of wire and intended use of wire rope) (5) Annealing of Loose Gears [rules 72 and 74 (b) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] ........... ......... (Defects found at inspec- tion after annea- ling) (6) Loose Gears exempted from Annealing [rules 69) and 73 of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] ............ ............. (Re- marks) * Specific parameters related to the category mentioned in Commissioner of Labour. (2) above are as indicated here below against their serial number :- SI.No. Parameters (1) Angle to the horizontal of derrick boom at which test load applied (2) For jib cranes-radius at which the test load was applied. (3) Number and material of loose gears tested. (4) (a) Circumference/diameter of rope (b) Number of strand (c) Number of wire per strand (d) Lay (e) Core (5) Number of loose gears annealed with date of annealing. (6) Number of certiﬁ cate of initial and periodical test and examination. I certify that the above particulars relating to serial number. .......... are correct, and that the test and examination were carried out in my presence and no defects affecting safe working condition were found other than those indicated above. .............................................. Signature of Competent Person with seal Date ...................... Registration/ Authority number of the Competent Person. Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 111 FORM V [Under Rule 24(2) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 10(2) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Application for Adjustment of Security Deposit. 1. Name and Address of the contractor: 2. Labour Identification Number /Permanent Account Number of the contractor: 3. Email Id of the contractor: 4. Mobile No. of the contractor: 5. Name and Address Principal Employer: 6. Labour Identification Number /Permanent Account Number of the Principal Employer: 7. Email ld of the Principal Employer: 8. Mobile No. of the Principal Employer: 9. Details of security deposit: No. and date of licence Date of expiry of previous licence. Whether the previous licence of the contractor was suspended or revoked Amount of previous security deposit Amount,number and date of demand draft / transaction slip of the balance security deposit deposited if any No. and date of certiﬁ cate of registration of the establishment in relation to which the fresh licence is applied for Name and location of fresh contract work (1) (2) (3) (4) (5) (6) (7) Place: Seal & Signature of the Applicant. Date: FORM VI. [Under Rule 25(1) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 11(1) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Government of Tamil Nadu Oﬃ ce of the Licensing Oﬃ cer LICENCE Licence No. Dated Fee paid Rs. .......................... 1. Licence is hereby granted to............................................under sub-Section (1) of Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) or sub-Section (1) of Section 8 of the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979)* subject to the conditions specified in the Annexure. 2. Nature and location of work .............................. . 3. Name of the principal employer. 4. Registration Certificate no. and date of the principal employer. 5. The licence shall remain in force till .....................................(date to be indicated). 6. Maximum number of contract labour/migrant workmen to be employed on a single day under the licence: Date ....................... Signature and Seal of the Licensing Officer. 112 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) AMENDMENT. [Under Rule 28 of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 14 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Number of Workers Fee paid for Amendment in Rs. Date of Amendment Seal and Signature of the Licensing Oﬃ cer (1) (2) (3) RENEWAL. [Under Rule 29 of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; and Rule 15 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Date of Renewal Fee paid for renewal Date of Expiry Seal and Signature of the Licensing Officer (1) (2) (3) * Please strike off whichever is not applicable. ANNEXURE The licence is subject to the following conditions, namely:- 1. The licence shall be non-transferable. 2. The number of workmen employed as contract labour/migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in the licence. 3. Except as provided in the Rules, the fees paid for the grant or, as the case may be, for renewal of the licence shall be non-refundable. 4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Scheduled Employment under the Minimum Wages Act, 1948 (Central Act 11 of 1948), where applicable, and where the rates have been fixed by agreement, settlement, award, or by the appropriate Government, not less than the rates so fixed. 5. (a) In case, where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work; provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the registering officer having jurisdiction over the area. Any person aggrieved by the decision of the registering officer may prefer an appeal to the Commissioner of Labour within thirty days from the date of receipt of such decision and his decision shall be final. (b) In other cases, the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Commissioner of Labour. 6. Every contract labour/migrant worker shall be entitled to allowances, benefits, facilities etc, as prescribed in the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) or the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Central Act 30 of 1979) and rules made there under. 7. In every establishment, where 20 or more women are ordinarily employed as there shall be provided 2 rooms of reasonable dimension for the use of their children under the age of six years. One of such rooms would be used as a play room for the children and the other as bed room for the children. For this purpose, the contractor shall supply adequate number of toys and games in the play room and sufficient number of cots and beddings in the sleeping room. The standard of construction and maintenance of the crèches may be such as may be specified in this behalf by the Commissioner of Labour. Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 113 8. Women shall be employed by any contractor before 6 a.m. or after 7 p.m. with her consent. 9. The licensee shall notify any change in the number of workmen or the conditions of work to the Licensing Officer. 10. A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on. 11. The contractor shall comply with all the provisions of the Act and these Rules. 12. The licensee shall, within fifteen days of the commencement and completion of each contract work, submit a return to the Inspector appointed under Section 28 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970) intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form - VII. FORM VII. [Under Rule 25(2)(vii) and Rule 81(3) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules,1975; and rules 26(3) and 239(1) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] Notice of commencement/completion of work. (1) Name and Address of the principal employer under the Contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970)/Employer under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (central Act 27 of 1996)* (2) Labour Identification Number /Permanent Account Number (3) Email Id (4) Mobile No. (5) Name and Address of the contractor under the Contract Labour (Regulation and Abolition) Act, 1970 (central Act 37 of 1970) (if applicable) (6 Labour Identification Number /Permanent Account Number (7) Email Id (8) Mobile No. (9) No. and date of Certificate of Registration/Licence * …………………………………… (10) Name of person in-charge of work: (11) Labour Identification Number /Permanent Account Number of person in-charge of work (12) Email Id of person in-charge of work (13) Mobile No. of person in-charge of work (14) The nature of work involved and the facilities, including any plant and machinery provided in the case of a building or other construction work (15) The arrangements for the storage of explosives, if any, to be used in the building or other construction work I/We hereby intimate that the work (Name of work) given to (name of the contractor) having [licence/ Registration Certificate No. ……………… dated ………………….]* has been/is likely to be commenced / completed with effect from (date)/ on (date). Signature of the Principal Employer/Contractor/Employer* To The Inspector ……………………… ……………………… * Please strike off whichever is not applicable. 114 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) FORM VIII. [Under Rule 77 of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules,1975; Rule 241(2)(b) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006; and Rule 50 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] Service Certificate 1. Name and Address of contractor/employer *: Name and Address of the Establishment : 2. Labour Identification Number /Permanent Account Number of the contractor/employer * : 3. Email Id of the contractor /employer *: 4. Mobile No. of the contractor/employer * : 5. Nature and location of work : 6. Name and Address of the Principal Employer *: 7. Labour Identification Number /Permanent Account Number of the Principal Employer : * 8. Email Id of the Principal Employer : * 9. Mobile No. of the Principal Employer : * 10. Name of the workman or building and other construction worker*: 11. Universal Account Number / Aadhaar No. : 12. Mobile No. : 13. Serial Number in the Register of Workmen : 14. Registration number, date and name of the Board if the building and other construction worker is registered as a beneficiary : 15. Period of Employment : 16. Designation: Seal and Signature of Contractor * Please strike off whichever is not applicable. Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 115 FORM IX. [Under Rule 223(C) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] CERTIFICATE OF MEDICAL EXAMINATION 1. Certificate Serial No. …………….. Date………………... 2. Name : …….................……….................................... Identification marks : (1) ..………............. (2) ..............………. (i) UAN/Aadhaar No. : ………………………….…….. (ii) Mobile no. : ………………………….…….. 3. Name of father/husband. : ………………………….…….. 4. Sex :………………………….…….. 5. Date of birth : .....……………… or age :............................. 6. Physical Fitness : ............................................... I hereby certify that I have personally examined the above named person, son/daughter/wife of………………..residing at……………..who is desirous of being employed in building and construction work and that his/her age as nearly as can be ascertained from my examination is…………….year and that he/she is fit for employment in ……………as an adult/adolescent. 7. Reason for— (1) refusal of certificate…………………………………. (2) certificate being revoked……………………………. Signature/Left hand Thumb Signature with Seal impression of building worker Medical Inspector/Chief Medical Officer. Note: 1. Exact details of cause of physical disability should be clearly stated. 2. functional/productive abilities should also be stated if disability is stated. 116 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) FORM X. [Under Rule 21(1) and Rule 24 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] [Report on recruitment and employment of migrant workmen as prescribed under sub-Rule (1) of Rule 21 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983, and cessation of employment of migrant workmen as prescribed under Rule 24 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983, to the Authorities specified under the Explanation to sub-Section (2) of Section 12 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. (Central Act 30 of 1979)] 1. Name of the contractor. 1A. Labour Identification Number /Permanent Account Number of the contractor : 1B. Email Id of the contractor : 1C. Mobile No. of the contractor : 2. Name of the sub-contractor through whom recruitment has been made. 2A. Labour Identification Number /Permanent Account Number of the sub-contractor : 2B. Email Id of the sub-contractor : 2C. Mobile No. of the sub-contractor : 3. Name of the establishment. 3A. Labour Identification Number /Permanent Account Number of the establishment : 3B. Email Id of the establishment : 3C. Mobile No. of the establishment : 4. Name of the Principal Employer. 4A. Labour Identification Number /Permanent Account Number of the Principal Employer : 4B. Email Id of the Principal Employer : 4C. Mobile No. of the Principal Employer : 5. Name of the State in which the place of work is located. 6. Name of the State in which recruitment was made. Serial Number Details of migrant workman Sex.M/F/O Age Permanent home address Name and address (including Mobile No.) of the next of kin of the migrant workman Place and address of residence in the home State Amount of displacement allowance paid (1) (2) (3) (4) (5) (6) (7) (8) (a) Name (b) UAN/ Aadhaar No (c) Mobile No Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 117 Amount of outward/ return journey allowance paid Amount of wages for outward/ return journey period paid Total wages paid Nature of work required to be performed Date of recruitment Date of employment Details of rates of wages and other allowances payable Details of rates of wages and other allowances paid Period of contract of employment and total days worked Details of other service conditions Remarks (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) Seal and Signature of Contractor Date: Submitted to (1).............……………. (Specified authority in the State from which the migrant workman/workmen is/are employed). (2)................................... (Specified authority in the State in which migrant workman/workmen has/have been recruited.) Copy forwarded to .................……….. (The Principal Employer) Seal and Signature of Contractor FORM XI. [Under Rule 210(7) and Rule 230(a) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] REPORT OF POISONING OR OCCUPATIONAL NOTIFIABLE DISEASES/ ACCIDENTS AND DANGEROUS OCCURRENCES* No. and date of Registration Certificate under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act 27 of 1996):- 1. Name of the employer: 2. Labour Identification Number /Permanent Account Number: 3. Email Id: 4. Mobile No: 5. Name of the building worker: 6. Labour Identification Number /Permanent Account Number: 7. Email Id: 8. Mobile No: 9. Address of the building worker: 10. Sex and Age: 11. Designation: 12. Marital status: 118 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) PART A –REPORT OF ACCIDENTS AND DANGEROUS OCCURRENCES [Rule 210(7) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006]: 1. Particulars of accident : (a) Exact place where accident occurred : (b) Date : (c) Time : (d) What the injured person was doing at the time of accident : (e) Weather condition : (f) How long employed by you for this particular job : (g) Particulars of equipment/machine/ tool involved and condition of the same after the accident occurred. : (h) Brief description of the accident : 2. Nature of injuries. : a. Fatal : b. Non-fatal : c. If non-fatal, state precisely the nature of injuries(describe in detail the nature of injury, for instance fracture of right arm, sprain etc.) : d. First Aid: : Given Not given e. If not, give the reasons : f. Name and designation of the person by whom first-aid was given : g. If admitted to hospital, Name of the hospital: Address of the hospital : Name of the Doctor : Phone No. : 3. Mode of transport used Ambulance/ any other mode (please specify) : 4. How much time was taken to shift the injured person : (a) If very late, state the reasons : (b) How the reporting was made ? Phone / Special messenger letter/email/SMS : (c) Who visited the accident site first and what action was proposed by him? : (d) What are the actions taken for the investigation of the accident by the employer ? (describe about photographs/ Video film/ measurements taken, etc.) : 5. Particulars of persons giving witness. Sl.No Name Address Occupation Mobile No (1) (2) (3) (4) Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 119 6. Particulars in case of fatal : Date/Time : Whether worker registered with Building and Other Construction Workers Welfare Board. If yes, give Registration Number & name of the Board: 7. Dangerous Occurrences as covered under the Regulation No. (Give details) : (a) Collapse or failure of lifting appliances, hoist conveyors, etc. : (b) Collapse or subsidence of soil, any wall, floor, gallery etc. : (c) Collapse of transmission towers, pipeline, bridges, etc. : (d) Explosion of receiver, vessel, etc.: (e) Fire and explosion: (f) Spillage or leakage of hazardous substances: (g) Collapse, capsizing, toppling or collision of transport equipment: (h) Leakage or release of harmful toxic gases at the construction site. : (i) Failure of lifting appliance, loose gear, hoist or building and other construction work machinery, transport equipment, etc. : 8. Certificate from the Employer or authorized signatory. : PART B – REPORT OF POISONING OR OCCUPATIONAL NOTIFIABLE DISEASE [Rule 230(a) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006] 1. State exactly what the patient was doing at the time of contracting the disease: 2. Nature of poisoning or disease from which the building worker is suffering: Date : Sign.of the MO* Seal and Signature of the employer Designation Note : When a building worker contracts any disease specified in Schedule XII, a notice in this form shall be sent forthwith to the Director General. (*Please strike off where not applicable) To, (FOR PART A) 1. The Inspector 2. The Building and Other Construction Workers Welfare Board with which the worker is registered as a beneficiary 3. The Director of Industrial Safety and Health 4. The Authority under Section 39 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (central Act 27 of 1996) (FOR PART B) 1. The Inspector 2. The Building and Other Construction Workers Welfare Board with which the worker is registered as a beneficiary. 3. The Director of Industrial Safety and Health * (In case the medical officer attends on the concerned building worker) Note: If more than one person is involved, then for each person, information is to be filled up in separate forms. 120 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) FORM XII [Under Rule 17(1A) of the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975; Rule 23(1) of the Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006,; and Rule 3(1) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Tamil Nadu) Rules, 1983] APPLICATION FOR REGISTRATION OF ESTABLISHMENTS EMPLOYING CONTRACT LABOUR OR MIGRANT WORKMEN OR BUILDING (OR) OTHER CONSTRUCTION WORKERS Details of Establishment 1. Name and address of the establishment/site*: 2. Postal address of the establishment: 3. Permanent Account Number (PAN)/ Goods and Services Tax Identification Number (GSTIN) /Labour Identification Number (LIN): 4. Full name and address of the Principal Employer/Employer*: 5. Full name and address of the Manager or person responsible for supervision and control of the establishment / construction work*: 6. Nature of work or building or the other construction work* carried on in the establishment / site*: Number of floors*: 7. Maximum number of workmen or building workers* to be employed in the establishment on any day: 8. Estimated date of commencement of building or other construction work*: 9. Estimated date of completion of building or other construction work*: Details of contractors** Serial Number Name and Address PAN/GSTIN/ LIN Number Mobile Number e-mail ID Nature of work Maximum number of workmen to be employed on any day. Estimated date of commence- ment of work Estimated date of completion of work (1) (2) (3) (4) (5) (6) (7) (8) (9) 10. Amount of registration fee: Signature of the Principal Employer / Employer* * Please strike off whichever is not applicable. ** To be filled in by the Principal Employer / Employer. Md. NASIMUDDIN, Additional Chief Secretary to Government. Aug.5, 2020] TAMIL NADU GOVERNMENT GAZETTE 121 PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT Amendments to the Tamil Nadu Lokayukta rules, 2018. [G.O. Ms. No. 84, Personnel and Administrative Reforms (N.Spl), 21st July 2020, Ý® 6, ê£˜õK, F¼õœÀõ˜ Ý‡´&2051.] No. SRO A-28/2020.— In exercise of the powers conferred by Section 44 of the Tamil Nadu Lokayukta Act, 2018 (Tamil Nadu Act 33 of 2018), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Lokayukta Rules, 2018:- Aඕඍඖඌඕඍඖගඛ In the said Rules, in Schedule - II referred to in Rule 18 in the tabular Column, - (1) in Serial Number (1), against the category “Secretary” in column (2), for the entry in column (3) thereof, the following entries shall be substituted, namely:- “(i) By transfer from among the holders of the post of Additional Secretary/ Joint Secretary / Deputy Secretary in the Departments of Secretariat; or (ii) By deputation from among the holders of the post of District Judge in the Tarnil Nadu State Judicial Service with the pay in the parent department or by a retired District Judge, either on re-employment or on contract basis. “ (2) in Serial Number (2), against the-category “Registrar” in column (2), for the entry in column (3) thereof, the following entries shall be substituted, namely:- “(i) By transfer from among the holders of the post of Additional Secretary / Joint Secretary / Deputy Secretary in Law Department of Secretariat; or (ii) By deputation from among the holders of the post of District Judge in the Tamil Nadu State Judicial Service with the pay in the parent department or by a retired District Judge, either on re-employment or on contract basis. “ S. SWARNA, Secretary to Government. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Section Document