TaxTMI 
TaxTMI 
Draft of Occupational Safety, Health and Working Conditions (Central) Rules, 2025
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....ember, 2025, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii), all the provisions of the said Code have been brought into the force. Now therefore, the following draft rules, which the Central Government proposed to make in exercise of powers conferred by Sections 133 and 134 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of General Clauses Act, 1897(10 of 1897) and in supersession of the- 1. The Dock Workers (Safety, Health and Welfare) Rules, 1990; 2. The Building and Other Construction Workers (Regulation of Employment and Condition of Services), Rules, 1998; 3. The Model Factories Rules; 4. The Mines Rules, 1955; 5. The Mines Rescue Rules, 1985; 6. The Mines Vocational Training Rules, 1966; 7. The Pithead Bath Rules, 1959; 8. The Mines Crèche Rules, 1966; 9. The Contract Labour (Regulation and Abolition) Central Rules, 1971; 10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1979; 11. The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957; 12. The Cine-Worker....
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....E OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] Chapter - I Preliminary 1. Short title, extent and commencement .- (1) These rules may be called the Occupational Safety, Health and Working Conditions (Central) Rules, 2025. (2) They extend to whole of India. (3) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions .- (1) In these rules, unless the context otherwise requires,- (a) "Code" means the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020); (b) "section" means the section of the Code; (c) "Form" means a form annexed to these rules; (d) "Registering Officer" means the registering officer appointed by the Central Government under the code for the purpose of these rules; (2) The words and expressions used in these rules and are not defined therein, but are defined in the Code, shall have meanings respectively assigned to them in the Code. Chapter II Registration 3. Application for registration under Section 3 .- (1) (i) The employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Shram Suvidha Portal of the Mini....
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....साधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] (4) Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause within a period of 30 days, electronically or by registered post or by speed post, as to why the certificate of registration should not be cancelled. (5) The employer shall quote the registration number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, made thereunder and in all correspondence with the office concerned. (6) Any change in the ownership, management or any particular furnished in registration Form submitted on the specified portal shall be updated on the portal by the employer within thirty days of such change. (7) The employer of an establishment, to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on the Shram Suvidha Portal or designated Portal of the Ministry of Labour & Employment after giving complete details....
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....n for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgment on the appeal confirming, reversing or varying the order appealed against the appeal is preferred. (5) If on the date fixed for hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellants by sending the copy of the order of dismissal to the applicant electronically or by registered post or speed post. (6) Where an appeal has been dismissed, the appellant may apply electronically or by registered post or speed post, to the appellate officer for the restoration of the appeal within thirty days from the date of receipt of the order of dismissal under sub-rule (5) and if the appellate officer is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal. (7) The order of the appellate officer under sub-rule (6) shall be communicated electronically or by registered post or speed post to the appellant and copy thereof shall be sent to the Registering Officer against who....
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....me: iv. Aadhar number: V. Labour Identification Number (LIN) of the establishment: vi. Universal Account Number (UAN) or Insurance Number (ESIC)(if available): vii. Designation: viii. Category of skill: ix. Date of joining: X. Wages/Basic/Pay and Dearness Allowance: xi. Other allowance including accommodation whichever is/are applicable: xii. Avenue for achieving higher wages or higher position: xiii. Applicability of social security Employees' Provident Fund Organisation (EPFO) and Employees' State Insurance Corporation (ESIC) benefits: xiv. Broad Nature of duties to be performed: XV. Any other information: X. Signature Occupier or employer or owner or agent or manager 99 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 8. Notice of accidents and dangerous occurrences under sub-section (1) of section 10 and section 11 .- (1) Where at any place in an establishment which is dock work, mines, building or other construction work; an accident occurs which results in the death of any person, the ....
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....um, steam, compressed air or other substance at a pressure greater than the atmospheric pressure; a blow out in case of oil mine; (ii) collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane. (iii) explosion, explosion due to explosives, fire, leakage or release of harmful toxic gases, bursting out, leakage or escape of any molten metal, or hot liquid or gas causing bodily injury to any person or damage to any room or place in which persons are employed; (iv) explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas. (v) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or constructionmaterial or breakage or failure of rope, chain or loose gears; overturning of cranes used in building or other construction work; falling of objects from height; (vi) a spontaneous heating or outbreak of fire, or appearance of smoke, or other indication of heating or outbrea....
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.... Signature of employer or occupier or manager (2) If any qualified medical practitioner attends on a person who is or has been employed in an establishment and who is or is believed by the qualified medical practitioner to be suffering from any disease specified in the Third Schedule to the code, the qualified medical practitioner shall without delay send a report in writing to the office of the Chief Inspector-cum-Facilitator stating- (a) the name and full postal address of the patient, 101 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (b) the disease from which he believes the patient to be suffering, and (c) The name and address of the establishment in which the patient is or was last employed. 10. Duties of employee under clause (d) and (g) of section 13 .- If an employee comes to know that of any unsafe or unhealthy condition in the establishment, he shall report to the health and safety representative or safety officer or agent or manager in case of mine, as soon as practicable, electronically or in writing or teleph....
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....a penalty of imprisonment of three months or more; 16. Removal from Membership: The Central Government may remove any Member of the National Board, if in its opinion such Member has ceased to represent the interest which he purports to represent on such National Board: Provided that no such member shall be removed unless a reasonable opportunity is given to him of making presentation against the proposed action under this rule. 102 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 17. Travelling Allowance for Members (1) The travelling allowance of an official Member of the National Board shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary. (2) The non-official Members of the National Board shall be paid travelling allowance for attending the meeting of the National Board at such places as per the instructions issued by Department of Expenditure, Ministry of Finance, Government of India from time to time. 18. Constitution of Technical Committees under sub section (5) of Section 16 (i) The Central Government may constitute one or more Technical Committe....
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....The seat of such a member or Chairperson as case may be shall fall vacant from the date on which his resignation is accepted by the Central Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by Central Government whichever is earlier. 21. Cessation of membership. If any member of the Technical Committee, not being an ex officio member, fails to attend two consecutive meetings of such Committee, without obtaining the permission of the Chairperson of such Committee for such absence he shall cease to be a member of such Committee: 103 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Provided that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending two consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of such Committee. 22. Disqualification for membership. (i) A person shall be disqualified for being a member of the Technical ....
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.... in mine, shall consist of- (a) a senior official, who by his position in the organization can contribute effectively to the functioning of the Committee, shall be the Chairman; (b) a Safety Officer and Medical Officer wherever available and the safety officer in such a case shall be the Secretary of the Committee; and (c) A representative each from the production, maintenance and purchase departments. (2) (i) the Safety Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed twenty; (ii) the representatives of the employer in the Safety Committee shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment, preferably the heads of major departments of the establishment; 104 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY (iii) the representative of the workers in the Safety Committee shall be chosen in the following manner, namely: - (a) where there is a sole negotiating union or negotiating union under sub-section (2) or sub-section(3) of section 14 or a negotiating council under sub-section(....
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....and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports; (f) looking into the matters likely to cause danger to the safety and health of the workers and suggest corrective measures; and (g) Reviewing the implementation of the recommendations made by it. 105 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 27. Composition of Safety Committee in case of mines. - The Safety Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed twenty; (1) The representative of the employer on safety committee, in the mine shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the workings of the mine, preferably the heads of major departments of the mine and will consists of ; (i) the manager referred to in section 67 of the Code shall be the Chairman; (ii) Five officials or competent persons of the mine nomi....
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....fety Committee .- The functions of the Committee shall be- (a) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in there ports of worker's representative brought to the notice of the Committee and make appropriate recommendations; 106 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (b) to consider, before commencement of operations in any, new area of the mine or installations of oil mine or commissioning of new electrical or mechanical installation or introduction of new mining technique, the proposed Safety and health measures including related codes of practice and to make appropriate recommendations; (c) to discuss the report of inquiry into accident, dangerous occurrences etc., and make appropriate recommendations; (d) to formulate and implement appropriate Safety campaign based on analysis of accidents and dangerous occurrences; (e) to serve as a forum for communication on Safety and occupational health matters; and (f) to discuss the standard operating procedures (SOP) prepared for different plant, equipment, installations and methods at the mine and make appropriate recommendations. 29....
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....¤¾à¤°à¤£ (iv) possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; (3) Notwithstanding anything contained in sub-rule (1) and (2), any person who - (i) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5years in a department of the Central or State Government which deals with the administration of the Factories, Building or other Construction works and Dock works or (ii) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5years, full time, on training, education, consultancy, or research in the field of accident prevention in industry or in any institution; shall also be eligible for appointment as a Safety Officer. 31. Duties of Safety Officers in case of dock work and building or other construction works .- The duties of a Safety Officer shall be to advise and assist in the fulfillment of its statutory obligations, concerning prevention of personal injuries and maintaining a safe working environment and such duties shall include the following, namely; - (i) to advise the concerned departm....
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....cate of Competency (Metal) or Manager's Certificate of Competency (Metal) restricted to mines having opencast workings only, granted by Directorate General of Mines Safety; 108 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (c) in case of oil mines, a degree in engineering or in industrial safety of an educational institution recognised by the Central Government or post-graduate diploma in industrial safety from Central Labour Institute or Regional Labour Institutes and having experience in the management or supervision of operations in oil mines for a period of not less than five years. 33. Duties of safety officer in case of mines .- The duties of the safety officer in case of mines shall be- (a) to visit surface, aboveground, underground parts of mine, installations of oil mine, with a view to meet the employees on the spot, to talk to them on matters of safety and invite suggestions thereon; (b) to take charge of the newly recruited staff and show them around the mine pointing out the safe and unsafe acts during the course of their work in the mine; (c) to investigate all types of accidents and incidents in the mine including minor accidents an....
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....the following provisions shall apply to every correspondent, reporter or news photographer stationed at the place at which the newspaper establishment (in relation to which any such person is employed) is situated, namely: 109 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (a) subject to such agreement as may be arrived at either collectively or individually between the parties concerned, every such correspondent, reporter or news photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day: Provided that if such correspondent, reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work, he shall not be deemed to be on duty during such period: Provided further that where the total period of such interval or intervals exceeds two hours, he shall be deemed to be on duty during the period which is in excess of the said pe....
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.... than twelve consecutive hours. Provided that no such interval may be allowed if such interval either coincides with or falls within, the interval enjoyed by a working journalist under sub-section (2) of section 25. 42. Number of holidays in a year for sales promotion employee or working journalist .- A working journalist or sales promotion employee shall be entitled to ten holidays in a calendar year. 43. Compensatory holidays for sales promotion employee or working journalist .- If a working journalist or sales promotion employee is required to attend on a holiday, a compensatory holiday shall be given to him, within thirty days immediately following the holiday, on a day mutually agreed upon by him and his employer. 110 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY 44. Wages for holidays. - A working journalist or Sales promotion employee shall be entitled to wages on all holidays as if he was on duty. 45. Wages for weekly day of rest. - A working journalist and Sales promotion employee shall be entitled to wages for the weekly day of rest as if he was on duty. 46. Competent officers. - Every establishment may designate one or more officers ....
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....alist or sales promotion employee may designate one or more qualified medical practitioners in conformance with Section 42. 51. Earned leave. - (1) A working journalist or sales promotion employee shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty. Provided that he shall cease to earn further such leave when the earned leave due amounts to one hundred twenty days. (2) The period spent on duty shall include the weekly holiday, holidays, casual leave and quarantine leave. 52. Wages during earned leave .- A working journalist or sales promotion employee on earned leave shall draw wages equal to his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve complete months, during the entire such period, immediately preceding the month in which the leave commences. 53. Cash compensation for earned leave not availed of .- (1) When a working journalist or sales 111 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधà¤....
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....ken in continuation with earned leave but the total duration of earned leave and leave on medical certificate taken together shall not exceed a hundred and twenty days at any one time. Provided that Medical Board may recommend for leave beyond one hundred twenty days. (4) A working journalist or sales promotion employee shall be entitled at his option to convert leave on medical certificate on one-half of the wages to half the amount of leave of full wages. (5) The ceiling laid down in the provision to sub-rule (1) and sub-rule (3) on the accumulation and total duration of leave may be relaxed by the competent officer in the cases of working journalists or sales promotion employees suffering from lingering illness such as tuberculosis. (6) Leave on medical certificate or converted leave on medical certificate referred to in sub-rules (1) and (4) may be granted to a working journalist or sales promotion employees at his request notwithstanding that earned leave is due to him. 55. Quarantine leave. - Quarantine leave on full wage shall be granted by the establishment on the certificate of the authorized medical practitioner designated as such under section 42, for a pe....
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.... workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works specified under section 26 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday. (3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal. 62. Wages for overtime under section 27 .- (1) where in an establishment, a worker works for more than eight hours in any day as daily wager, or for more than forty-eight hours in any week, as the case may be, he shall in respect of such overtime work be entitled to wages at the rate of twice his rate of wages and shall be paid at the end of each wage period. (2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis. (3) In calculating the ....
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....blishment shall maintain :- Register of employees in FORM VIII Register of attendance-cum-muster roll in FORM VIII A Register of wages, over time and deduction in FORM VIII B. Registers under this chapter shall be maintained electronically or otherwise. Entries in the registers shall be made in English and Hindi or the language understood by a majority of persons employed. Every employer shall produce records and registers, on demand before the Inspector cum-facilitator or any person authorized in that behalf of the Central Government. All the registers and other records shall be preserved in original for a period of five calendar years from the date of last entry made therein. 1. Every employer shall issue wage slips, electronically or manually to the employees in FORM VIII C as prescribed under rule 52 of Code on wages (Central) Rules 2025 and Sub-section (3) of Section 50 of the Code on wages, 2019 before- one day of payment of wages to the employee. 2. In respect of establishment which are required to maintain register under the rules framed under the Code on 114 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY wages 2020, Social S....
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....ears after the date of the last report or entry; Provided that when the original record is lost or destroyed before the expiry of five years period, true copies thereof, if available, shall be preserved for the prescribed period; (e) be produced, electronically or by registered post or speed post, on demand before the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or any person authorized in that behalf of the Central Government. 65. Display on notice board .- Every employer shall display or caused to be displayed at the conspicuous place of the workplace of the establishment under his control, notices owing the name and address of the establishment, hours of work, wage period, date of payment of such wages, details of accident and dangerous occurrence in the establishment for the last five years, name and address of the Inspector-cum-Facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in English, Hindi and in the Local Language understood by the majority of the workers. 66. Return .- Every employer of an establishment shall send annually a return relating to such establishment in FORM-IX related to ....
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.... own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator requires, provide the appliance for dividing, sealing and marking the sample taken under this rule. (4) The Inspector-cum-Facilitator shall- (a) forthwith give one portion of the sample to the person informed under sub-rule (1); (b) forth with send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited laboratory upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance. 70. Powers and duties of Inspector-cum-Facilitator under clause (xiv) of sub-section (1) of Section 35 .- (1) Inspector-cum-Facilitator shall, after every inspection, as may be deemed ne....
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....f any establishment or class of establishment where cases of chronic occupational illness have occurred due to hazardous nature of any process carried on or hazardous condition of work; (c) in respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein; (d) to undertake occupational health survey for any or class of an establishment, where cases of illness have occurred or there is prevalence of diseases as specified in Third Schedule to the Code. (e) To assess the age and issue fitness of adolescent for employment in an establishment or class of establishment. 73. Employment of Women in establishment under Section 43 .- The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m in any day, namely :- a. the consent of woman employee shall be taken in writing; b. No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (36 of 2020); c. adequate transportation facilities shall be provided to women employee to pick-....
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....all be the responsibility of the principal employer to provide the facilities or amenities such as toilet, washroom, drinking water, bathing facilities if required, changing room, first aid box, canteen and crèche; and iv. all other facilities and entitlements shall be provided by the contractor. (2) In case the contractor fails to make payment of minimum wages to the contract labour, then, the Chief Labour Commissioner (Central) or his representative, shall cause such payment to be made to the contract labours who have not been paid, out of the security deposit referred to in rule 76 including by invoking the bank guarantee. (3) The contractor shall intimate within fifteen days of the receipt of a contract work order about the details of the contract work order in the manner as specified in rule 84. 77. Form and manner of application for contractor license under of sub-section (1) of Section 48 .- Every application by a contractor within a state for the grant of a license shall be made on-line electronically through Shram Suvidha Portal or designated Portal of the Ministry of Labour and Employment in FORM-XII to the authority referred to in section 119 (hereafter in....
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....80. Procedure for issue of license under sub-section (2) of section 48 .- (1) Before a license is issued under this chapter, bank guarantee for an amount of security calculated at the rate of rupees 1000/- for each of the contract labours to be employed, in respect of which the application for license has been made, shall be deposited by the contractor with the authority for performance of the conditions of the license and compliance with the provisions of the Code and the rules made thereunder. If contractor proposes to engage one lakh or more but less than one lakh fifty thousand contract labours an amount of security shall be Rs. 10 Crores, engages one lakh fifty thousand but less than two lakhs contract labour an amount of security shall be Rs. 15 Crores, engages two lakh or more contract labour an amount of security shall be Rs. 20 Crores (2) Wherein the issued contract license had expired, based on the request of the applicant in FORM XIII, the authority may adjust the security deposit under sub-rule (1) in respect of his application for new license. (3)The fees to be paid for the grant of a license shall be as specified in the table below, namely; (a) No license ....
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....o the applicant. (3) If there is any order directing the forfeiture of any portion of contractor's security deposit, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall be refunded to the contractor within 30 days from the making of application under sub-rule (1). (4) Any application for refund shall, as far as possible, be disposed of within 30 days of the making of such application. 83. Responsibility of contractor under sub-section (4) of Section48 .- (1) The rates of wages payable to the workers by the contractor shall not be less than the rates fixed under the Code on Wages, 2019 (29 of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed. (2) In case where the contract labour employed by the contractor performs the same or similar kind of work as the worker directly employed by the principal employer of the establishment, the holidays, hours of work and other conditions of service of the contract labour of the contractor shall be the same as applicable to the workers directly employed by the principal employer of the establishment on the same or similar kind of ....
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.... continuation of contract business by the contractor is going to lead to grave harm to the contract labours, he may pass a speaking the order recording the reasons for revocation or suspension or otherwise and communicate the order to the contractor electronically or by registered post or speed post. A copy of the Order shall also be endorsed to the Chief Labour Commissioner (Central) (C), concerned Labour Enforcement Officer (C) and concerned State Authorities. (2) If the contractor has complied with the concerned provisions of the Code and rules made there under within the stipulated time period, the Licensing Authority shall revoke the suspension giving a speaking order or else the suspension may be continued. (3) If the contractor fails to comply with the order in sub-rule (1), the authority may forthwith pass an order of revocation of license, recording the reasons thereof and communicate to the contractor electronically or by registered post or speed post. The copy of the order shall be endorsed electronically to Chief Labour Commissioner (Central), concerned Labour Enforcement Officer (Central) and the concerned State Authority. 86. Appeal under sub-section (1) of s....
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....en result. 88. Making payment of wages from the security deposit amount under sub-section (4) of section 55 .- If the contractor or principal employer does not pay the wages to the contract labour employed by him, the concerned Chief Labour Commissioner (Central) or his representative or the competent officer as may be notified by the central government shall conduct or cause to conduct, an inquiry and after giving an opportunity to be heard to the contractor shall pass an order to make payment if any, of such wages from the amount deposited by the contractor as security deposit. The contractor shall re-furnish the security deposit as by such labour commissioner or representative or officer as the case may be within a period of 121 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण fifteen days or else his license will be liable to be suspended. 89. Experience Certificate under section 56 .- Every concerned contractor shall issue on demand, experience certificate in FORM-XIV to the contract labour giving details of the period, work p....
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....ers. CHAPTER-X AUDIO- VISUAL WORKER 94. Agreement for Audio-visual worker under clause (a) of sub-section (2) of section 66 .- (1)The Form of agreement for the audio-visual workers with the producer is given in FORM-XV. The agreement shall be registered with the competent authority as may be notified by the Central Government. 95. Procedure for reference of disputes to a Conciliation Officer or a Tribunal under sub-section (1) section 66 .- The procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with the Industrial Relations, Code 2020 (35 of 2020) and Rules framed there under. 122 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] CHAPTER-XI MINES 96. Qualification and appointment of manager under sub-section(1) of section67 .- No mine shall be opened, re-opened or worked unless it has a duly appointed manager, who has the following qualifications specified in the table below, namely :- Type of mine (1) Average material handled or output or production of the mine (2) Essential Qualification for the manager (3) Underground coal mines (a)Production in excess of 2,500 tonnes per month. A First Class Man....
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....ntral Government and has experience in the management and supervision of operations in oil mines for a period of not less than fifteen years in case of diploma in engineering and ten years in other cases. 97. Code not to apply in certain mines under section 68 .- The provision of the Code, except those contained in section 35,38, 40,41 and44 shall not apply to - (i) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use and sale: Provided that - (a) not more than twenty persons are employed on any one day in connection with any such excavation; (b) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six meters or, in the cases of an excavation in coal, fifteen meters; and (c) no part of such excavation extends below superjacent ground; or (ii) any mine engaged in the extraction of kankar, murram, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glasss and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fullers earth, marl, ch....
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....ion the manager shall give at least twenty days prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority along with previous medical certificates issued, pertaining to the persons concerned. (3) A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager and a copy of every such notice shall be sent by the manager to the examining authority. (4)The examining authority shall inform the manager whether the person concerned has appeared for medical examination or not within one week from the date fixed for medical examination in the second notice. 101. Failure to undergo medical examination .- A person who without reasonable cause, fails to submit himself for medical examination in accordance with the notice issued to him shall be liable to be discharged from service: Provided that a person who renders hi....
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....hority who conducts medical examination of persons employed or to be employed in any mine is relieved of his duties regarding medical examination, such examining authority shall transfer all records of medical examination in his possession to the manager of the mine concerned. 104. Identity of candidates .- The examining authority, shall record the Aadhar number and signature of every candidate appearing before it for medical examination on the copies of the medical certificate. 105. Medical Examination of women .- A woman employee shall preferably be examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall be medically examined by a male qualified medical practitioner only in the presence of another woman. 106. Appeal for re-examination .- (1) Where as a result of an initial medical examination, or of periodical medical examination, a person has been declared unfit for employment in mines or in particular category of mines or in any specified operations in mine , he may, within thirty days of the receipt by him of a copy of the certificate, file an appeal with the owner, agent or manager in case ....
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....ccordance with the standard laid down in the FORM-VA for periodical medical examination. (2) The certificate of medical re-examination in the FORM, shall be issued to - (a) the manager of the mine, in case of periodical medical examination; (b) the owner, agent or manager in case of initial medical examination; (c) the appellant; (3) A copy of the medical certificate shall be retained with the convenor; 109. Unfit persons not to be employed .- (1) Where, as a result of an initial medical examination or a periodical medical examination, a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mine, the person, shall not be employed or continue to be employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical examination unless he has filed an appeal against the declaration. (2) Where the person concerned has filed an appeal, but has been declared by the appellate medical board, after a medical re-examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in m....
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....nder section 72 .- (1) The Chief Inspector cum Facilitator (Central) may permit or require the owner of a below ground mine or a group of below ground mines to establish and maintain rescue station, stations with such designs and specifications and at; such place or places as may be considered necessary in consultation with the owner: Provided that where there are below ground mines belonging to more than one owner, the Chief 127 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Inspector cum Facilitator (Central) may permit or require two or more owners to jointly establish a common rescue station: Provided further that all the existing rescue stations as on the date of; coming into force of these rule, shall continue to function for a period of three years from that date. (2) At every rescue station, there shall be appointed one superintendent and at least two instructors and also, there shall be maintained a rescue brigade of not less than eighteen rescue trained persons. (3) In case where the absence of the superintendent at ....
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....rience etc. of rescue room in-charge who shall be made in- charge of the rescue room. At least one rescue trained person shall always be in attendance at the rescue room. 115. Functions of rescue room .- A rescue room shall provide facilities for the storage, assembly, testing and adjustments of breathing apparatus and other rescue equipment and apparatus and for their speedy transport to mines. 116. Qualifications, experience etc. of Superintendent .- No person shall be appointed as superintendent unless he- (i) is a rescue trained person ; (ii) has 5 years practical experience of below ground work in mines; and 128 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (iii) holds a First Class Manager's Certificate of a type not restricted to open cast workings. 117. Qualifications, experience etc., of instructors .- After; the coming into force of these rules, no person shall be appointed as instructor unless he :- (i) is a rescue trained person; (ii) has 3 years practical experience of below ground work in mines; and (iii) holds a manager's certificate of a type not restricted to open cast workings. 118. Selection of rescue trained pers....
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....tator in the form, as may be notified by the Central Government. (8) In case of an accident in a rescue station or rescue room arising out of the use of any rescue apparatus a written report thereof shall be sent electronically, within 24 hours of such accident, by the Superintendent to the Chief Inspector cum Facilitator (Central) and Inspector Cum Facilitator in the form, as may be notified. 129 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (9) No absorbent charges, chemicals, self-rescuer and gas detector tubes shall be kept at any rescue station, rescue room or below ground mine for use beyond the expiry date, which shall be legibly marked on the boxes thereof. 121. Duties and responsibilities of Superintendent .- (1) The superintendent shall be in overall control of the rescue station and the rescue rooms served by such rescue station. (2) The superintendent shall ensure that all the rescue equipment and apparatus kept at the rescue station, rescue rooms and at the entrance of the below ground mine under his control are-....
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....ed by his rescue room; (b) maintain the equipment and apparatus kept at the rescue room in perfect order; (c) maintain a proper record of all rescue equipment and apparatus kept at the rescue room and inspection thereof; and (d) not allow any unauthorised person; to enter into, or permit any unauthorised person to take out any apparatus or equipment from the rescue room. 124. Duties of rescue trained persons posted at rescue station .- The rescue trained person shall- 130 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY (a) obey order of the superintendent and instructor and assist them in discharge of their functions; (b) attend to messages, telephone calls and wireless and maintain record thereof; (c) maintain the rescue station in neat and tidy condition; (d) maintain the equipment and apparatus kept at the rescue station in perfect order; (e) perform rescue and recovery work in mine; and (f) not leave rescue station without obtaining permission from the superintendent. 125. Duties of rescue room attendant .- Every rescue room attendant shall- (a) not leave the rescue room until relieved by a substitute; (b) not allow any u....
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....sons other than those specified in clauses ( i ) and (ii). (4) There shall be provide data below ground mine effective bell or the arrangements, as may be approved by the Inspector cum Facilitator, for immediate summoning of rescue trained persons. 129. Selection of persons for training in rescue work .- No person shall be selected for training in 131 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण rescue work, unless- (i) he is between 21 and 40 years of age and holds a valid First-aid certificate of the standard of the Saint John Ambulance Association (India); (ii) he is certified by the Manager that he has sufficient underground experience for the purpose of rescue work; (iii) he is certified by a qualified medical practitioner, as may be designated by the Manager after examination in accordance with the standard as may be notified by the Central Government, to be free from any organic disease or weakness and to be fit for undertaking rescue work; and (iv) he is considered by the superintendent of rescue station, af....
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....mployed therein: if so required; (d) inform the rescue station about the nature of the occurrence; stating whether assistance would be needed from the rescue station; (e) summon medical assistance; and (f) send information of the occurrence to the Inspector cum Facilitator. (2) All rescue and recovery work at a below ground mine shall be conducted under the control, direction and supervision of the manager of the mine or in his absence the principal official present at the surface. Provided that in the event of a major emergency, such as ignition, explosion, big underground fire 132 [PART II-SEC. 3(i)] THE GAZETTE OF INDIA : EXTRAORDINARY or an accident involving a number of persons, the manager or the principal official shall, in taking decisions regarding rescue and recovery operations, take guidance from a group consisting of a senior official of the management , a representative each from the Director General of Mines Safety, concerned rescue station and the recognised Union of the Workers, so however that he must take necessary decisions and direct the operations as the situation warrants, without waiting for the constitution or deliberations of the ....
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....ery rescue team engaged in work with breathing apparatus in a mine shall be under a leader who shall be appointed by the superintendent. 138. Instructions to leader .- Prior to sending a rescue team underground, the superintendent or a person authorized by him shall give clear instructions to the leader of the team as to where it shall go and what it shall attempt. 139. Test of apparatus .- Before proceeding below ground the leader shall test or witness the testing of 133 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण self-contained breathing apparatus of the team for leakage. No such apparatus shall be used unless it is found safe. He shall check the equipment of his party and immediately before entering irrespirable atmosphere shall make sure that all breathing apparatus are working properly. 140. Duties of leader below ground .- (1) The leader shall not be engage in manual work. He shall give his attention solely to directing the team and to maintaining its safety. He shall examine the roof and supports during the journey, ....
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....ce a second or ; subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner. 143. Obligation of owner, agent and manager in certain situations .- Whenever emergency arises at a below ground mine, whether served by a rescue room or rescue station or not, the owner, agent or manager may seek assistance or additional assistance as the case may be from the nearest rescue room or rescue station and in such an event :- (a) all possible assistance shall be promptly rendered by the rescue room or rescue station; and [PART II-SEC. 3(i)] 134 THE GAZETTE OF INDIA : EXTRAORDINARY (b) the owner of the mine shall pay to the owner of the rescue station or rescue room, rendering such assistance, the full cost of rescue services and facilities borrowed. 144. General management .- It shall be the responsibility of the owner to establish, maintain and ensure proper functioning of rescue room or rescue station as required under these rules, to appoint Superintendent, instructors, rescue room in-charge, rescue trained persons, and to provide necessary rescue equipment and apparatus as may be necessary for compliance ....
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.... delivering lectures in vocational training centre. 148. Constitution and disposal of business of the board of vocational training .- (1) The board of vocational training shall consist of - (a) the Chief Inspector-cum-Facilitator , who shall be its chairperson, ex-officio ; (b) three members possessing technical qualifications in mining or petroleum engineering and having at least twenty years practical experience one each in coal mines, metal mines, and oil mines to represent each sector appointed by central Government; (c) two members possessing technical qualifications in electrical engineering or mechanical engineering or allied engineering and having at least twenty years of practical experience in mines, appointed by Central Government; and 135 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (d) two members serving in an institution imparting education in human resource management at graduation, post-graduation or equivalent level and having fifteen years of experience, appointed by central Government. (2) Every ....
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....s (a) and (b), in case of urgency the chairperson may call at any time, an emergent meeting by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting; Provided that if at any meeting there is no quorum as specified in Sub-rule (10), the meeting shall stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day. The time, place and agenda for the adjourned meeting shall remain unchanged. (d) where the meeting stands adjourned for lack of quorum, it shall be lawful to dispose of the business at such meeting irrespective of the number of members attending. (9) (a) the chairperson shall preside at every meeting of the board of vocational training. (b) if the chairperson is absent for any reason, the chairperson shall authorize a member to preside over the meeting, and the members so authorised shall, for the purposes of that meeting, have all power of the chairperson. (10) no business shall be transacted at a meeting of the board of vocational training unless at least four members, including the chairperson, are present. (11) (a) e....
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.... necessary to implement the decisions of the board of vocational training. (b) the chairperson may, during his temporary absence by reason of leave or otherwise, authorize any member of the board of vocational training to perform all or any of the functions of the chairperson during such absence. 149. Functions of the Board of Vocational training .- The board of vocational training may-(a) constitute advisory committees to address any matter put before it and for specifying criteria for the mandatory establishment of independent vocational training centre by the owner of amine, standard of training to the persons working in mines to maintain uniform standards. (b) specify the manner of ascertaining, by examination or otherwise, the quality of training to the persons, granting certificates by a system of assessment and evaluation. (c) specify the manner of ascertaining, by examination or otherwise, the competency of training officers, instructors, trainers and persons acting under them and specifying qualification and experience of training officers, instructors, trainers and persons acting under them. (d) specify the scale of appointment and manner of training of ins....
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.... owner or agent or manager shall prepare and submit the training module, at least sixty days before such introduction, to the Chief Inspector-cum-Facilitator , who may at any time, by an order in writing, require such modification in the training module as he may specify therein. (2) Persons to be employed in aforesaid technology, equipment and system of work shall undergo training as per the training scheme specified under these rules, based on the aforesaid training module. 154. Training of persons after long absence or after an accident or change of job .- Wherever a person returns to employment in amine, after an absence from work for a period exceeding one year or returns to work after being involved in a serious accident or in a dangerous occurrence which could have resulted in threat to life and safety, or is re-employed on a job which is different from what he had been performing earlier he shall undergo training before employment as per the training scheme specified under these rules. 155. Training Centre .- (1) The owner of every mine shall provide and maintain a training centre which shall be adequate for the purpose of imparting the training required to be unde....
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....n case of an training Centre, the person responsible for the management, control, supervision or direction of the training centre approved by the Chief inspector-cum-Facilitator (hereinafter referred to as owner of approved training centre), shall appoint the training officer. (3) Notwithstanding anything contained in sub-rule (1), where the training officer is unable to perform his duties by reason of temporary absence, illness or other cause, the owner, agent or manager, as the case may be, shall authorize in writing any other person having similar qualifications to act in his place. Provided that no such authorisation shall have effect for a period exceeding thirty days, except with the previous consent in writing of the Chief Inspector-cum-Facilitator and subject to such conditions as he may specify therein; (4) A written notice of every appointment, discharge, dismissal, resignation or termination of service of a Training officer and of the date thereof shall be sent by the owner or agent to the Chief Inspector-cum- Facilitator and the inspector-cum-Facilitator within seven days from the date of such appointment, authorization, discharge, dismissal, resignation or ....
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....possesses qualification, training and experience as specified by the Board of Vocational training and notified by the Chief Inspector-cum-Facilitator from time to time. (2) Instructors and Trainers shall be skilled and experienced having aptitude required for training job. 162. Duties of Instructor .- The instructor shall :- (i) assess employees competency and deliver lectures on standard course material; (ii) Maintain records of training given to every person and to furnish weekly report to the training officer on the progress of the persons undergoing training. 163.Duties of trainer and persons undergoing training .- (1) The trainers shall be responsible for the safety of the persons undergoing training under him. (2) The trainer shall see that the persons put under his charge for training, pick up work, understand the dangers inherent in the job and develop habits, which would ensure safety in mines. (3) The trainer shall see that the persons undergoing training move within the mine along with him. (4) Every trainer shall see that the persons undergoing training under him, is aware of escape route from the sections where he is likely to work and other eme....
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....ehalf or the Inspector-cum-Facilitator may enter, inspect and examine any training centre or any part thereof and make such examination or inquiry as he thinks fit in order to ascertain whether the provisions of these rules and of any orders made there under are being complied with. 168. Notice of closure or discontinuance of Vocational Training Centre .- When it is intended to close a training centre established under these rules or to discontinue the working thereof for a period exceeding sixty days, the owner, agent or manager of a mine or the owner of a common vocational training centre as the case may be, shall give a notice in the manner and form as may be notified by the Chief Inspector-cum-Facilitator for the purpose, to the Chief Inspector-cum-Facilitator and the Inspector-cum-Facilitator stating the reasons for such closure or discontinuance, not less than thirty days prior to such closure or discontinuance: Provided that the owner or the agent or the manager of the mines shall give notice forthwith when on account of unforeseen circumstances a training centre is closed or discontinued before the said notice has been given or without previous intention the discontin....
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.... inquiry whose name and address are known to the competent person: Provided that,- (i) with the consent of such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and (ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances. 141 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (b) the notice given under clause (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry. (c) without prejudice to the foregoing provisions of this sub-rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject-matter of the inquiry, take one or more of the following steps, namely :- (i) publish notice of the inquiry in one or more newspapers, including where appropriate,....
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....ce of his application to the person, if any, who applied for the notice under sub-rule (3) to be served. (4) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person and contrary to the principles of natural justice who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing. (5) In case of mines, the persons appointed to hold inquiry under section 121 shall hold the inquiry in public in such manner and under such conditions as the Competent person thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Competent person to make the report. 142 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] (6) If a court of inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the Competent person may direct the recovery of the expenses of such ....
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.... 173. Manner of compounding of offences by the authorized officer specified under sub-section (1) of section 114 .- (1) The officer notified by the Central Government for the purposes of compounding of offences under sub-section (1) of section 114 shall issue electronically a compounding notice to the concerned alleged accused person for the offence for which is compoundable under section sub-section (1) of section 114. (2) The person so noticed under sub-rule (1) may apply to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice. (3) The Officer referred to in sub-rule (1) shall issue a composition certificate within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice. (4) If a person so noticed fails to deposit the composition amount within the one month before the institution of prosecution, the prosecution shall be proceeded with in the competent Court. (5) No prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subjec....
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....tent of the mine (in Acres) Name and address of the owner Average Monthly output, targeted (Tonne) Maximum number of persons to be employed on any day 1 2 3 4 5 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 145 5 (c) For Dock work: Name of dock Work/Major Port Types of Dock Works Name of the Cargo handled and stored along with quantity Name of the chemicals handled and stored along with quantity Name of the hazardous Chemicals handled and stored along with quantity 1 2 3 4 5 5 (d) For building and other construction work: Type of Construction work Probable period of commencement of work Expected period for completion of work Details of approval of the local authority 1 2 3 4 6. Ownership Type/Sector: 7. Activity as per National Industrial Classification: 8. Details of Selected NIC Code: 9. Identification of the establishment e-sign/ digital sign of employer/ representative: B. Details of Employer :- 1. Name & Address of Employer / Occupier / Owner/Agent/ Chief Executive/ port authority etc. : 2. ....
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....long with quantity Name of the chemicals handled and stored along with quantity Name of the hazardous Chemicals handled and stored along with quantity 1 2 3 4 5 3 (d) For building and other construction work Type of Construction work Probable period of commencement of work Expected period for completion of work Details of approval of the local authority 1 2 3 4 4. Remarks of registering officers Place: Date: /Signature E -Sign/DSC of Registering Officer along with designation [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 149 Conditions of Registration (1) Every certificate of registration issued under rule 4 shall be subject to the following conditions, namely: (a) the certificate of registration shall be non-transferable; (b) The number of workers employees employed in an establishment directly and contract employees shall not, on any day, exceed the maximum number specified in the certificate of registration; and (c) Save as provided in these rules, the fees paid for the grant of registration certifi....
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....se of cessation of work: I/we hereby certify that the payment of all dues to the workers employed in the establishment has been made and the premises are kept free from storage of hazardous chemicals and substances. Signature of the Employer To, The Inspector-cum-Facilitator 152 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] FORM-V (rule-6) HEALTH EXAMINATION (Except mine employees) PART -A (SI.No.1-11) : To be filled by the Employee: 1. Name of employee. 2. Sex .... ..... 3. Age (with DOB). ..... 4. Company. 5.Designation 5a. UAN: 6. In-charge Employer / Executive Contacts 7. Complete personal /plant Address 8. Mobile /Phone 9.Email 10. Medical illness (Current) and under treatment & medication, If any. 11. Nature of Job (furnish more details, if hazardous and work-related viz. Physical, Chemical, Biological, Ergonomic etc) Signature of Employee Date: PART-B: [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 153 12.Medical Test Carried out & Reports to be Attached as A....
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.... seal Signature & name of the examining authority Place : à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] 155 Report of the examining authority (to be filled in for every medical examination whether initial or periodical or re-examination or after cure/control of disability). Annexure to Certificate No. ........ .as result of medical examination on Identification Mark Left thumb impression and Signature of The candidate 1. General development- Good/Fair/Poor 2. Height. .......... Cms. 3. Weight ............ kg. 4. Eyes : Right eye ........ Left eye .... (i) Visual acuity-Distant vision (with or without glasses): (ii) any organic disease of eyes (iv) night blindness (iv) Color blindness (to be tested in IME ) (v) Squint 5. Ears : (i) Hearing: right ear ...... .... Left ear (ii) Any organic diseases. (iii) Audiometry Findings : Conduction Type Left Ear Right Ear Ear Conduction Normal/Abnormal Normal/Abnormal Bone Conduction Normal/Abnormal Normal/Abnormal Enclosed Aud....
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....in urine ( for person exposed to Lead) WNL/Abnormal Enclose all Investigation Reports. 17. Skiagram of chest. ILO Classification of Chest Radiograph : Profusion of Pneumoconiotic Grades Types opacities Present/Absent Enclose Chest Radiograph 18.Any other abnormality. 19. Any other test considered necessary by the examining authority. 20. Any opinion of specialist considered necessary. Signature & name of the examining authority With date and seal Place: [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 159 Medical Standard of Fitness for Persons to be employed in Mines (Initial Medical Examination). 1. The person should be in good physical and mental health and free from any physical defect, likely to interfere with efficient employment in mines. 2. Speech must be without serious impediment. 3. Teeth are in good order and if he/she is provided with dentures, where necessary, for effective mastication (well filled teeth will be considered as sound). Gums should be in healthy condition. 4. Ski....
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....east 300 Milli-Ampere strength shall be classified as per ILO international Classification of Radiographs of Pneumoconiosis by Medical Officer trained in such ILO classification. X-ray shall be classified using LED view box accommodating at least four chest radiographs of 14 inch. X 17inch size. b) Lung function tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. Findings of spirometry shall be within normal limit. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 161 8. Circulatory system: - There should be no evidence of cardiac or vascular disease which may interfere with his efficient employment in a mine. The Blood pressure shall not be more than 130/80 mm Hg. Detailed cardiovascular assessment of employees should be done. This should include 12 leads electrocardiogram, echocardiography and complete lipid profile. 9. Locomotor System: The limbs, hands, fingers, feet and toes should be well formed and developed & without any deformity, and function of all limb....
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....be recorded. There should be no deformity or paralysis which may interfere with his efficient employment in a mine. 5. Skin: - There should be no evidence of extensive and chronic skin disease or ulceration. In case of infective type of skin disease, the candidate could be made fit after he has undergone a treatment. All occupational skin diseases should be noted. 6. Eye : (a) Vision with or without glass should not be less than the following standard: i. Better eye 6/9 ii. Worse eye 6/12 (b) There should be no night blindness for persons employed below ground and for persons employed in open cast working in shifts other than in morning's shifts. 163 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण (c) A person having only one eye which functions normally should not be employed below ground, For employment on surface the vision of such a person in the other eye should be 6/9with or without glasses. 7. Hearing should be good, any progressive disease affecting hearing/or occupational deafness should be recorded. Audiom....
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.... and SGPT shall be within normal limit. 18. Routine Stool shall be within normal limit. 19. In case the candidate has hernia he may be declared fit after he has been successfully operated for the same. 20. Hydrocele if present should not be large enough to impede the normal activities off the candidate. In such cases he may be declared fit after being successfully operated. The medical examination should include examination of urine and of other system for evidence of disease. Mere presence of albumin and sugar in the urine without any gross organic disease producing signs and symptoms should not be considered as a disability. [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 165 FORM-VI (See rule-8) NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE E.S.I.C. Employer's Code number: E.S.I.C. Insurance Number of the injured person: 1. Name of employer : 2. Address of works / premises where the accident or dangerous Occurrence took place 3. Nature of industry and LIN of the establishm ent: 4. Branch or department and Exact p....
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....rson by whom it is provided in of pursuance arrangements made with the employer; and (d)the vehicle is being/not being operated in the ordinary course THE GAZETTE OF INDIA : EXTRAORDINARY 170 [PART II-SEC. 3(i)] of public transport service : the 12. In case accident or dangerous occurrence took place while meeting emergency, state- (a)its nature; and (b) whether the injured person at the time of accident or dangerous occurrence was the Employed for of his purpose employer's trade or business in or about the premises at which the accident or dangerous occurrence took place. : 13. Describe briefly how the accident or dangerous occurrence took place : 14. Names and addresses of witnesses : (1) (2) (a) Nature and 15. extent of injury(e.g. fatal, 171 [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण loss of finger, fracture of leg, scald, scratch followed by sepsis, etc.) (b) Location of injury (e.g....
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....of Family 21. Details of Posting 22. Scale of Pay 23. Promotion 24. ESIC IP Insurance No. 25. Aadhaar number 26. Bank A/c No. 27. Bank 28. Branch(IFSC) 29. Present address 30. Permanent address 31. Service Book No. 32. Date of Exit 33. Reason for Exit 34. Mark of Identification 35. Photo 36. Specimen Signature/Thumb Impression 37. Remarks [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 175 FORM-VIII (A) [(See rule 64)] ATTENDANCE REGISTER-CUM-MUSTER ROLL (The attendance register-cum-muster roll can also be maintained in electronically capturing, inter-alia the following details) For the Month of . .... , year 20 ........ Name of Establishment: Name of the Employer/owner: Labour Identification Number (LIN)/Registration Number of Establishment 1. Serial Number 2. Employee Code 3. Name 4. Designation 5. Shift or relay 6. Place of work/department/section 7. Date and timings of In and Out 1 2 3 4 5 6 17 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ....
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....filed On-line under the Occupational Safety, Health and Working Conditions Code, 2020, the Code on Industrial Relations, 2020, theCode on Social Security , 2020,and the Code on Wages, 2019 and the rules made there under. Instructions to fill up the Annual Return (1) This return is to be filled-up and furnished on or before 1stFebruary every year. (2) The return has two parts i.e. Part-I to be filled up by all establishments. (3) Part-II to be filled-up by the establishments who are a Mine only in addition to Part-I. (4)The terms Establishment and Mines shall have the same meaning as under the Occupational Safety, Health and Working Conditions Code, 2020. (5)This return is to be filled-up in case of Contractor or manpower supplier who have engaged more than 50 workers and in case of Mines even if there is one worker employed in the relevant period. Applicable to All Establishments - Part-I A. General Information: SI. No. Instructions for filling the column 1. Labour Identification Number EPFO, ESIC, MCA, MOLE (LIN) 2. Period of the Return From - To- Period should be calendar year 3. Name of the Establishment 4. Email ID (employer) 5. Tele....
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....rs are ordinarily employed 4. Safety Committee (as per Section 22(1) of OSH Code, 2020. Tick yes or no in the box and not applicable Applicable to establishments and factories employing 500 workers or more, factory carrying on hazardous process and BoCW employing 250workers or more, and mines employing 100 or more workers. 5. Safety Officer(as per Section 22(2) of OSH Code, 2020) No. of safety officers appointed In case of mine100 or more workers and in case of BoCW 250 or more workers are ordinarily employed. 6. Qualified Medical Practitioner(asperSection12 (2) of OSH Code 2020. No. of Qualified Medical Practitioner appointed. There is no specification for minimum number of Qualified Medical Practitioner employed in establishment. However, this detail is required to have data on occupational health. F. The Industrial Relations: Instructions for filling 1. Is the Works Committee has been functioning.(Section 3 of IR Code, 2020) Yes/No and not applicable Industrial establishment in which 100 or more workers are employed (a) Date of its constitution. 2. Whether the Safety Redressal Committee constituted (Section 4 of IR Code, 2020) Yes/No and not applicable In....
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....ame 2. Name of Company/ Name of Owner 3. Type of organization (drop down) PSU Central/ PSU State/ Private/ 4. Type of ownership (drop down) Firm/Association/Individual/Partnership/Company 5. Type of Mineral (drop down) Coal/Metal/Oil 6. Name of Mineral 7. Type of Mine (drop down) Belowground/ Opencast/ Aboveground/Mixed/OffShore/OnShore 8. Date of opening To be filled for first time 9 Mine Code To be filled for first time 10. Date of closing (if any) NA/ Calendar to be given 11. Date of reopening (if any) NA/ Calendar to be given 12. Depth of working in mts. Maximum Depth: Minimum Depth: B. Statutory personnel employed in the mine (as on 31st December) Sl. No. Designation as per Code Number of required Statutory Persons Number of Statutory Persons employed 1. C. Method of Working vis-a-vis Safety Parameters 1 Name of Method (Specify the name) (as per drop down menu) à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] 185 2 Quantity of mineral Produced in Cu.m./Tonne 3 Quantity of Waste/over....
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....g Imparted Refresher Training Imparted special Training F. Details of Accident, Dangerous Occurrence and Occupational Diseases : (1) Details of Accidents and Dangerous Occurrences: S1. No. Date Accidents/Danger ous Occurrences of No. of persons killed No. of persons received Serious Bodily Injury Number of persons injured (Excluding Serious Bodily Injury) and thereby prevented from working for a period of 48 hours or more Nature of Occurre nce Mandays lost 1. (2) Details of Occupational diseases: SI. No Notified Disease No. of cases 1 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] 188 G. Details of Safety Management Plan: (a) Safety Management Plan Prepared: (Yes/No/NA) (b) Date of Submission : Date (c) Last date of review of Safety Management Plan: Date (d ) Principal Hazards Identified: Sl. no. List of Principal hazards identified Principal hazard Mitigation date Principal hazard not mitigated till 31st December Reasons for failure to mitigate the same 1. H. Mines Rescue Station: (For Belowground Mines Only) A. For Mine: (To be filled by Mine Owner) (i) Address of the Rescue Station with Geo-coordinates s....
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....mber of contract worker employed Amount paid against wage bill (if applicable) to the contractor (including EPF, ESIC, Bonus etc.) Date of payment of wage bill (if applicable} Amount of the wages paid directly to the contract labour by Principal Employer (in case the contractor fails to pay) Date of payment of wages paid directly to the contract labour by Principal Employer (in case the contractor fails to pay) Remarks Signature of the principal employer Date: 192 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] FORM IXA (See rule 87) (Half Yearly Return (January to June / July to December) to be submitted by Contractor to be filed electronically to the Deputy Chief Labour Commissioner (Central) concerned under Rule 81) 1. Name and address of the contractor: 2. Name and address of the principal employer and LIN: 3. LIN of the contractor: 4. License number of the contractor (if applicable): 5. Name of the contract work with location/station: 5. Details of the number of Contract Workers, Wages Paid etc .: Sl. No. Months Number of Contract Labour employed Total amount of wages paid in a month Overtime Bonus Date and amount of Wage bill....
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....tional Industrial Classification : (Select all applicable activities given) 5. Details of selected NIC Code: 6. Nature of work carried on in main establishment : 7. Identifier of the Establishment : (Select) : e-sign/digital sign II. Details of Employer: 1. Full Name of Employer: relationship with establishment. 2. Full Address of Employer: 3. Email Id of employer: 4. Mobile No. of employer: III. Particulars of the Contract Labour to be employed / is employed (If licence is required work wise) 196 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(i)] Date of completion Name Address, email id of the Site Incharge Name of works Date of commencemen Activity as per national industrial classification Name of Establishmen ts in which contract Locations of worksites t labour is/proposed to be employed 5. Maximum number of workmen proposed to be employed on the Establishment on any date: 24 6. Amount of Licence Fee: INR ( Transaction Id : ) 7. Amount of Security Deposit: INR ( Transaction Id : ) IV. DETAILS OF ESTABLISHMENTS FOR WHICH COMMON LICENCE REQUIRED , (IF APPLYING FOR) Type of Establishments Name &....
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....¾à¤§à¤¾à¤°à¤£ 199 FORM-XIII (Under-See rule-79) PROFORMA OF LICENSE Licence No. Date of Reg. Reg. No. Licence is hereby granted to for the premises known as situated at nature of work for use as a establishment within the limits stated herein after, subject to provisions of the Occupational Safety, Health and Working Conditions Code, 2020, and the rules made there under. The 20 .. Issuing Authority SI.No. Period of issue Valid For Fee Date of Payment Excess fee for late payment Date of payment Signature of the Issuing Authority Maximum number of Contract labour /workers on any one day AMENDMENTS: THE GAZETTE OF INDIA : EXTRAORDINARY 200 [PART II-SEC. 3(i)] Year when Amended Maximum number of Contract labour /workers on any one day Date of payment of amendment fee Date of Payment Signature of the Issuing Authority E-sign /digital sign of the designated authority [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 201 FORM-XIV (See rule-89) EXPERIENCE CERTIFICATE OF CONTRA....
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....worker to complete the audio-visual production, the producer agrees to pay and the audio-visual worker agrees to receive additional remuneration on pro-rata basis, payable in the same manner as stated in Clause 3 above, till the completion of the production. à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण [à¤à¤¾à¤— II-खणà¥à¤¡ 3(i)] 203 5. That in case the assignment of the audio-visual worker is completed earlier than the period stipulated in Clauses 1 and 4 above, the producer shall settle the account of the audio-visual worker and pay the remaining balance of the agreement amount in full before the commencement of re-recording work/censor of the production, whichever is earlier. 6. That the audio-visual worker shall, if so required, (a) attend the studios, location or work-place, as the case may be, earlier than the a scheduled time of the shift, for preparatory work, and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs. ...... per hour or part thereof for such early attendance. (b) continue to work beyond the working da....
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....t of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall be titled to employ another audio-visual worker in his/her place. 12. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio-visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker's total work in the audio-visual and the work he/she has completed till the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the audio-visual worker are proved before a forum comprising equal number of representatives of the Producers' Organisation and the audio- visual worker's Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreem....
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.... notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or (b) he shall be entitled to terminate this agreement as form the cessation of production, in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio-visual worker at the time of termination. 19.That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker's duties or of his/her unwillingness to perform the services required under this agreement the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall been titled to employ another audio-visual worker in his/her place. 20. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performa....