Wednesday, April 3, 2019

The Maternity Benefit (Mines and Circus) Amendment Rules, 2019

MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 29th January, 2019

G.S.R. 57(E).- Whereas a draft of certain rules further to amend the Maternity Benefit (Mines and Circus) Rules 1963, among other rules, were published as required by sub-section (1) of section 28 of the Maternity Benefit Act, 1961 (53 of 1961), in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E), dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the general public on the 23rd April, 2018; And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 28 of the said Act, the Central Government hereby makes the following rules further to amend the Maternity Benefit (Mines and Circus) Rules, 1963, namely:-

These rules may be called the Maternity Benefit (Mines and Circus) Amendment Rules, 2019.
They shall come into force on the date of their publication in the Official Gazette.

2. In the Maternity Benefit (Mines and Circus) Rules, 1963, for rule 16, the following rule shall be substituted, namely: -

‘16. Annual return.- (1) The employer of every mine or circus shall, on or before the 1st day of February in each year, upload a unified annual return in Form X online on the web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form or otherwise

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.’

No. Z-20025/23/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Maternity Benefit (Mines and Circus) Rules, 1963 was published in the Gazette of India vide notification number G.S.R.1642, dated the 5th October, 1963 and lastly amended vide notification number G.S.R.435(E) dated the 29th May, 2015.

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