Ministry of Labour and Employment issues Draft Contract Labour (Regulation & Abolition) Central (Amendment) Rules, 2017
The Ministry of Labour and Employment (“Ministry”) has issued the Draft Contract Labour (Regulation & Abolition) Central (Amendment) Rules, 2017 (“Draft Rules”) which proposes to amend the Contract Labour (Regulation and Abolition) Central Rules, 1971 (“Principal Rules”).
The Draft Rules will be taken into consideration after the expiry of a period of 30 days from the date on which the Draft Rules have been published in the Official Gazette (i.e. 30 days from 7th March, 2017).
In this regard, the Ministry has sought suggestions or objections from the persons likely to be affected by the enactment of the Draft Rules till April 6th, 2017.
The suggestions and objections must be addressed to the Joint Secretary to the Government of India and Director General (Labour Welfare), Ministry of Labour & Employment, Jaisalmer House, 26, Mansingh Road, New Delhi-110011.
The following are the changes that the Draft Rules propose to bring about:
- Unified Annual Return to replace the existing half yearly annual return
i.The Draft Rules propose to introduce a Unified Annual Return in Form XXIV which will be required to be filed on the Ministry’s web portal on or before the 1st day of February following the close of the year to which it relates.
This Unified Annual Return proposes to replace the existing half yearly annual return and annual return.
Presently, every contractor is required to file half-yearly return in Form XXIV by not later than 30 days from the close of the half year. On the other hand, the principal employer of a registered establishment is required to file the annual return in Form XXV by not later than 15th February following the end of the year to which it relates.
ii.The Draft Rules further states that this Unified Annual Return in Form XXIV must be filed by the contractor or the principal employer manually to the concerned authorities on or before the 1st day of February following the close of the year to which it relates.
It is further specified that the contractor must mandatorily upload the Unified Annual Return on the web portal of the Ministry on or before the 1st day of February following the close of the year to which it relates.
- Omission of certain forms
The Draft Rules propose to omit the following forms:
-Form XIV [Employment Card issued under Rule 76]