Amendments issued to the ISMW (Regulation of Employment and Conditions of Service) (Punjab) Rules, 1983; mandates online application for contractor license renewal; allows principal employers and contractors to maintain digital record

The Department of Labour, Government of Punjab, through a Gazette Notification dated 18th December, 2020 issued Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Punjab) Amendment Rules, 2020 (“Amendment”) in order to further amend the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) (Punjab) Rules, 1983 (“Principal Rules”).

 

With the present Amendment, gaining effect, renewal of contractor’s license has to be done online through the portal www.pblabor.gov.in. Further, principal employers and contractors have to now preserve all records in digital format. For a detailed read of the amendment , please refer to the table provided below.

 

Principal Rules Amendment Implication
Rule 14- Renewal of Licence:

 

(1) Every Contractor may apply to the licensing officer for renewal of the licence.

 

(2) Every application for renewal shall be in Form IX in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made the licence shall be deemed to have been renewed till the date on which the licence is renewed.

 

(3) The fees chargeable for renewal of the licence shall be same as for the grant thereof:

Provided that if the application for renewal is not received within the time specified in sub-rule (2), a fee of twenty-five per cent in excess of the fees ordinarily payable for the licence shall be payable for such renewal :

 

Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he deems fit the payment of such excess fee.

Rule 14- Renewal of License:

(1) Every Contractor shall apply for renewal of the license on online portal www.pblabour.gov.in.

(2) Every application for renewal shall be in Form IX available on online portal specified in sub-rule (1) and shall be made not less than thirty days before the date on which the license expires, and if the application is so made, the license shall be renewed within seventy two hours of the receipt of online application.

(3) The contractor shall upload a self-declaration that he has fully complied with the labour laws and nothing is due to workers under labour laws.

(4) Records of certain percentage of contractors would be inspected to ensure the genuineness of declaration submitted by them and to see that contract workers are deployed only on the jobs for which license was obtained. In case self declaration is found incorrect the license shall be revoked.

(5) In case of any application for renewal of license, where there is no change in particulars mentioned in previously granted or renewed license such license shall be renewed automatically within seventy two hours of the receipt of online application. However, applicant has to apply for renewal of license on online portal and license shall be renewed through automatic mode online within seventy two hours of the receipt of online application.

(6) The fees chargeable for renewal of the license shall be same as for the grant thereof:

Provided that if the application for renewal is not received within the time specified in sub-rule (2), a fee of twenty-five per cent in excess of the fees ordinarily payable for the license shall be payable for such renewal :

Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit, as he deems fit, the payment of such excess fee

Applications for renewal of contractor license in Punjab under the Principal Rules must now mandatorily be made online through the portal www.pblabour.gov.in. The license will be renewed within 72 hours of receipt of the online application.

The contractor must also upload a self-declaration that he has fully complied with the labour laws and nothing is due to workers under labour laws.

With the present amendment, it has also been stated that records of certain percentage of contractors would be inspected to ensure the genuineness of declaration submitted by them and to see that contract workers are deployed only on the jobs for which license was obtained. In case self declaration is found incorrect the license will be revoked.

Further, under the renewal application if there is no change in the particulars, the license will be renewed automatically within seventy two hours of the receipt of online application.

The fee for renewal of license will remain the same as that of application for license.

Not present Rule 53A: Maintenance of register and record in digital format.-

(1) Any register and record required to be maintained under these rules may also be maintained and preserved in digital format and shall contain time stamp, Geo-ositioning and Digital Signature of the concerned principal employer or contractor.

(2) The principal employer or contractor shall provide access to the Inspector to inspect such registers as and when required and shall also make a provision for signing of registers digitally by the Inspectors

The amendment makes provision for the digital maintenance all records and registers prescribed under the Principal Rules. In case employers/ contractors use the option of digital maintenance of records/ registers, they must ensure that it contains the stamp, Geo-ositioning and Digital Signature of the concerned principal employer or contractor.

Further, the principal employer/ contractor must provide access to the Inspector to inspect such registers as and when required and must also make a provision for signing of registers digitally by the Inspectors.

 

Source: Department of Labour, Government of Punjab

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