Punjab Labour Dept proposes to amend the Contract Labour Rules to introduce online application for renewal and digital maintenance of registers and records; invites objections and suggestions by 28.12.2020

The Department of Labour, Punjab (“Department”) has proposed the Draft Punjab Contract Labour (Regulation and Abolition) (Amendment) Rules, 2020 to incorporate online application for renewal and introduce digital maintenance of registers and records. Any objections/suggestions must be made to the Labour Commissioner, Punjab by 28.12.2020.

Punjab Contract Labour (Regulation and Abolition) Rules, 1973 Draft Punjab Contract Labour (Regulation and Abolition) (Amendment) Rules, 2020 Implication
29. Renewal of licence.―

(1) Every contractor shall apply to the licensing officer for renewal of the licence.

(2) Every such application shall be in Form VII in triplicate and shall be made not less then 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 until such date when the renewed licence is issued.

(3) The fees chargeable for renewal of the licence shall be the 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 25 per cent in excess of the fee 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 thinks fit the payment of such excess fee.

29. 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 VII 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 the 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, the applicant shall have to apply for renewal of license on online portal and the 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

With the Draft Rules, the Department proposes for online submission of Form VII, i.e. application for renewal of license obtained by a contractor.

Under the Department portal the licence will be renewed within 72 hours from receipt of the application.

In addition to the online submission, provision has been introduced for inspection to ensure that that contract workers are deployed only on the jobs for which license was obtained.

The provisions for increased application fees for renewal applications made after thirty days has been retained.

78A. 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 Positioning 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 Draft has provided for maintenance of registers and records in digital format in addition to the physical format previously prescribed under the Rules.

When registers and records are maintained in digital format they must include time stamp, Geo Positioning and Digital Signature of the concerned principal employer or contractor.

Access must be granted to Inspector for inspection of the digital records and provision must be made for signing of registers digitally by the Inspectors.

 

 

Source: Department of Labour, Punjab

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