primary law

Tamil Nadu Gazette notifications on mining, contract labour, catering establishments and motor transport workers, 9 August 2017

The Tamil Nadu Government Gazette dated 9 August 2017 publishes several notifications, including amendments issued by the Industries Department and the Labour and Employment Department. These notifications change who grants certain minor mineral permissions, revise fees and licence periods under contract labour and catering establishment rules, and update annual return and fee provisions for motor transport workers rules.

Category
Gazette notifications
Pages
8
Status
In force
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What this Gazette contains

The Tamil Nadu Government Gazette, Part III, Section 1(a) Supplement, published on 9 August 2017, carries Tamil translations of government notifications. In this extract, the issuing authorities are the Industries Department and the Labour and Employment Department.

Minor minerals, change in approving authority

Government Order (Standing) No. 74, Industries (MMC.1) Department, dated 21 June 2017, amends the Tamil Nadu Minor Mineral Concession Rules, 1959.

Key change:

  • In rule 12, sub rule (2), clause (b), the approving authority is changed.
  • Wherever the text referred to permission from the District Collector, it is replaced with permission from the Tahsildar of the concerned taluk.
  • The same replacement is made in the third proviso, changing District Collector to the Tahsildar of the concerned taluk.

Who this affects:

  • People dealing with permissions under the cited part of the minor mineral rules.
  • Buyers or operators connected with minor mineral activity should note that the named authority has changed.

Contract labour, draft fee revisions

Government Order (Standing) No. 106, Labour and Employment (H1) Department, dated 25 May 2017, publishes draft amendments to the Tamil Nadu Contract Labour (Regulation and Abolition) Rules, 1975.

Key proposals:

  • Several fees are increased, including amounts in rules 20, 24, 28 and 30.
  • Registration certificate fees under section 7 are revised based on the number of workers proposed to be employed on contract.
  • Licence and renewal fees under section 12 are also revised by worker strength.
  • In rule 27, the licence period wording is changed from up to 31 December of that year to a continuous period of two English calendar years starting from that year.
  • Objections or comments may be sent before the stated consultation period ends, through the Commissioner of Labour Welfare to the Government.

Who this affects:

  • Establishments and contractors using contract labour in Tamil Nadu.

Catering establishments, revised registration and licence fee tables

The Labour and Employment Department also amends the Tamil Nadu Catering Establishments Rules, 1959, under the Tamil Nadu Catering Establishments Act, 1958.

Key changes:

  • The substituted schedule under rule 3(2) revises registration fees according to employee strength.
  • Separate fee slabs are given for registration certificate and licence under rule 32, sub rules (6) and (7).
  • The notification states that these amendments take effect from the date of publication in the Tamil Nadu Government Gazette.

Who this affects:

  • Food and catering establishments covered by the 1958 Act.

Motor transport workers, annual return form and fee changes

Government Order (Standing) No. 117, Labour and Employment (H1) Department, dated 12 June 2017, amends the Tamil Nadu Motor Transport Workers Rules, 1965.

Key changes:

  • Rule 43 is changed to require a consolidated annual return in Form No. XIX.
  • Form XIX is replaced with a new form asking for establishment, registration, workforce, working hours, leave, termination and wage details.
  • Fees in rules 5-A(3), 6-A(2) and 7(1) are revised.

Who this affects:

  • Motor transport undertakings and employers covered by the Motor Transport Workers Act, 1961.

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Common questions

Does this Gazette change who gives permission under the minor mineral rules?

Yes. Government Order (Standing) No. 74, Industries (MMC.1) Department, dated 21 June 2017, replaces permission from the District Collector with permission from the Tahsildar of the concerned taluk in the cited part of the Tamil Nadu Minor Mineral Concession Rules, 1959.

Are the contract labour changes final or only proposed?

The notification under Government Order (Standing) No. 106, Labour and Employment (H1) Department, dated 25 May 2017, publishes draft amendments. It says they will be taken up for consideration after one month from publication in the Tamil Nadu Government Gazette, and objections or comments received before then will be considered by the Government.

Do the catering establishment amendments start immediately?

Yes. The notification says the amendments made to the Tamil Nadu Catering Establishments Rules, 1959, come into force from the date of publication in the Tamil Nadu Government Gazette.

What is the main change for motor transport employers?

Government Order (Standing) No. 117, Labour and Employment (H1) Department, dated 12 June 2017, replaces the annual return requirement in rule 43 with a consolidated annual return in Form No. XIX, and it also revises certain fees.