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NOTIFICATION 60 dt 10-01-2019 (The Inter-State Migrant Workmen 1979)

State Notification of Uttar Pradesh · 20205,785 characters of text

The enactment

TypeNotification
Year2020
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

No. 602)/LXXIX-V-1-19-1(ka)-8-2018 Daied Lucknow, Jamary 10, 2019 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Govemor is pleased 10 order the publication of the following English translation of the Anarrajvik Pravast Karmkar (Nivojen Ka Viniyaman Aur Sews Shart} (Uttar Pradesh Sansodhan) Adiniyam. (Uttar Pradesh Adhiniyam Sankhya | of 2019) as passed by the Utiar Pradesh Legislature and assented to by the President on Scptember 17. 2018. - THE INTER- STATE MIGRANT WORKMEN (REGULATION OF EMF1LOYMENT AND CONDITIONS OF SERVICE) (UTTAR PRADESH AMENDMENT) ACT, 2018 (UPACTNO. | OF 2019) (45 passed by the Untar Pradesh Legisiature) AN ) ACT further 1o amend the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act. 1979 in its application to Unar Pradesh I 1S MEREBY emacted in the Sixty-ninth Year of the Repiblic of India as follows:- i

(1) This Act may be called the Imer-State Migrant Workmen (Regulation of Shor iitle and Employment and Conditions of Service) (Utiar Pradesh Amendment) Act, 2018, extent £2) It shull extend 1o the whole of Uttar Pradesh.

453 RPH Vadhs ana-1-2018 dua? -¢ 4 TR W3 ARAYRY O, 10 A, 2019 Amendment of 2. In Section 4 ofthe Inter-State Migrant Workman (Regulation of Employment 5”“3‘;" ‘r?; 7@;‘ and Conditions of Service) Act. 1979, hereinafter referred to as the principal Act,- ne. 30 of " (a) for sub-section (2) the following sub-section shall be substituted, namely:-

(2) (a) On submission of application complete in all respect. the registering officer shall grant or refuse to grant registration within one day afier the date of submission of application in such manner as may be prescribed by the State Government. On the expiry of the said period, the registration shall be deemed 10 be granted.

(b) the application referred to in clause (2) may be submitted by the applicant on departmental web portal along with necessary documents and payment of prescribe fee. In such case if the application is complete in all respect and the applicant is eligible, automatic registration shall be granted by the web portal and registration certificate be sent through e-mail:

Provided that if the registration is obtained by mistepresentation of fact or oonc_ealmem'of fact or on the basis of forged document then such registration shall be deemed null and void and may be cancelled by registering officer and Jegal action shall be taken against the applicant.”

(b) sub-section (3) shall be ominted

3. Tn Section 9 of principal Act. after sub-section (3) the following sub section Amendment of shall be inserted. namely:- section § “(4) (a) On submission of an application complete in ali respect the licensing officer shall grant or refuse to grant license within one day affer the date of submission of application in such manner as may be prescribed by the State Government. On the expiry of the said period license shall be deemed to be granted.

(b) the application referred 1o in clause (a) may be submitted by the applicant on departmental web portal along with necessary documents and s payment of prescribed fee. In such case it the application is complete in all respect and the applicant is eligible. automatic license shall be granted by the ‘web portal and license certificate be sent through e-mail:

Provided that if the license is obtained by misrepresentation of fact or concealment of fact or on the basis of forged document then such license shall be deemed null and void and. may be cancelled by the ficensing officer and legal action shall be taken against the applicant.” STATEMENT OF OBJECTS AND REASONS The Inter-State Migrants Workmen (Regulation of Employment and Conditions of Service) Act, 1979 has been enacted by the Central Government with the object of regulating the employment and service conditions of migrant workers.

. For the last many years there has been agrowing demand for fixing a definite time line for registration of undertakings so as to make registration and licensing convenient. It had. therefore, been decided to amend the aforesaid Act in its application to Uttar Pradesh, after due consultation with association of employers and trade unions, to provide for registration within one day from the date of submission of application and compounding of first offence on payment of fifty percent of the fine as compounding fee along with prescribed fine for the offence.

463 RPH Vidhai anu-1-2018 data? -4 - TR 3R MRV TAE, 10 SR, 2019 s In order to implement the aforesaid decision the Inter-State Migranis Workmen (Regulation of Employment and Conditions of Service) (Uttar Pradesh Amendment) Bill, 2017 was introduced in. and passed by. the Uuar Pradesh State Legislature. The said Bill was reserved by the Govemor for consideration of the President and sent to the Government of India for obtaining the assent of the President thereon. The Government of' India has recommended certain modification in the Bill. On the recommendation of the Government of India it has been decided that the said Bill shall be withdrawn and in place thereof the Inter-State Migrants Workmen (Regulation of Employment and Conditions of Service) {Uttar Pradesh Amendment) Bill, 2018 which seeks to provide for registration within one day from the date of submission of application and grant of license within one day after the submission of an application, shall be introduced in the State Legislature.

The Inter-State Migrants Workmen (Regulation of Employment and Conditions of Service) (Uttar Pradesh Amendment) Bill, 2018 is introduced accordingly.

By order.

SANJA] KHARE, Pramukh Sachiv.

Horwogofo—todio 463 WT—2019~(1191)-599 WRET—(@FrRpER /& / 3Mmie) | Hovwogodio—godio 122 W0 fruTA—2019-(1192)~300 FRMI—({FrageR /& / HeE) | 463 RPH Vidhai anu-1-20{8 data? -d

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