Contents of the OSH Rules (Arunachal Pradesh)

The Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022

Rule 5. Application for Registration under Section3

Chapter II — Registration of EstablishmentsMade under The Occupational Safety, Health and Working Conditions Code, 2020No. LAB(W) 03/2020, 1 Apr 2022

Official text

(1) (a) The employer seeking registration for an establishment not already registered shall apply electronically or otherwise in Form-I by giving details about the establishment, and submit documents related to registration of the establishment, proof of Identity and address of the employer(s) as specified in Form - I. The form shall be signed digitally or in any other manner as may be required on the portal or otherwise. The applicant shall be responsible for veracity of all information submitted in the application.

(b) The Permanent Account Number (PAN) of the applicant or the establishment allotted under Income Tax Act, 1961 or any other unique number allotted to the establishment under any other Act for the time being in force or any other particular furnished in the form, may be verified online or otherwise.

(c) The certificate of registration shall be issued in Form-II electronically or otherwise immediately if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated or otherwise.

(d) The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at a conspicuous place in hard copy or electronically.

(e) The Registering Officer as notified by Government of Arunachal Pradesh shall register any establishment to which the Code applies after the expiry of period prescribed under Clause (b) of sub-section (1) of the Section 3 on payment of additional amount as late fee at the rate of 25% per annum of the total fee to be deposited for such registration with the officer electronically or otherwise along with the fee prescribed in Schedule – B.

(2) The fee for registration of establishment under sub-section (2) of Section 3 shall be deposited to the Head Account “B-Non Tax Revenue “0230” – Labour & Employment.

(3) The Registering Officer may direct the employer who fails to comply with the requirements of sub-rule (1), to do so within the time stipulated therein and such employer shall, thereupon comply with the instruction issued by the officer in this behalf.

(4) The employer in respect of an establishment already registered under state rules for the time being in force shall, update the registration particulars within six months from the date on which the Code comes into force.

(5) Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause, electronically or by registered post or speed post as to why the certificate of registration should not be cancelled.

(6) The employer shall quote the Registration Number on all documents prepared or completed by him in conformity with the Code or the Rules or the Regulations or the Scheme, as the case may be, and in all correspondence with the office concerned.

(7) Any change in the ownership, management or any particular furnished in registration form submitted on the specified portal or otherwise shall be updated on the portal or otherwise by the employer within thirty days of such change.

(8) 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 or otherwise after giving complete details of the dues payable under the Code:

Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Act and rules in force in accordance with the rules applicable for the time being in force and submitted a self-certification to that effect along with the application.

(9) The Registering Officer shall maintain a register of establishment electronically or otherwise in Form – III showing the particulars of establishment in relation to which certificates of registration have been issued by him.

(10) The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be, the work is to be executed, intimating the actual date of the commencement, completion of work and cessation of establishment, as the case may be, in Form – IV annexed to these rules electronically or otherwise.

(11) Registration of Plantation:

(a) The employer seeking registration for an establishment relating to plantation not already registered shall apply electronically in Form – I on the Official Portal by giving details about the establishment, and uploading documents related to registration of the establishment along with copy of Treasury Challan/e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B appended to these rules. The form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State Government may from time to time, by notification amend schedule of fee for registration.

Provided further that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(b) The Registering Officer may, on application being made to him under sub-rule (1), register the establishment or otherwise and issue a certificate of registration in Form – II electronically or otherwise, if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

(12) Registration of Motor Transport Undertaking:

(a) The employer seeking registration for an establishment relating to motor transport undertaking not already registered shall apply electronically or otherwise in Form – I giving details about the establishment, and uploading documents related to registration of the establishment along with copy of Treasury Challan/e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B appended to these rules. The form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

Provided that the State Government may from time to time, by notification amend the schedule of fee for registration.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishments or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

a. The Registering Officer may, on application being made to him under sub-rule (1), register the establishment and issue a certificate of registration in Form – II electronically or otherwise if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that where an undertaking has units operating in more than one State, the employer of the undertaking shall apply for registration to the Registering Officer of the State in which its Headquarters Office is located.

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(13) Registration and issuing license for industrial premises for Beedi and Cigar work:

(a) The employer seeking registration for an establishment relating to beedi and cigar work not already registered shall apply electronically or otherwise in Form – I by giving details about the establishment, and uploading documents related to registration of the establishment along with copy of Treasury Challan/e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B appended to these rules. The form shall be signed digitally or in any other manner as may be required. The applicant shall be responsible for veracity of all information submitted in the application.

Provided that the State Government may from time to time, by notification amend the schedule of fee for registration.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishments, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(b) The Registering Officer may, on application being made to him under sub-rule (1), register the establishment and issue a certificate of registration Form – II electronically or otherwise, if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishments for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(14) Registration of Audio-Visual Production:

(a) Every producer seeking registration for an Establishment relating to audio-visual production not already registered shall apply electronically or otherwise in Form – I by giving details about the establishment, and uploading documents related to registration of the Establishment along with copy of Treasury Challan/e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B, appended to these rules. The form shall be signed digitally or in any other manner as may be required. The applicant shall be responsible for veracity of all information submitted in the application.

Provided that the State Government may by notification, from time to time amend the schedule of fee for registration.

(b) The Registering Officer may, on application being made to him under sub-rule (1), register the establishment and issue a certificate of registration in Form – II electronically or otherwise, if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(15) Registration of Building and Other Construction Work:

(a) The employer seeking registration for an establishment relating to building and other construction work not already registered shall apply electronically or otherwise in Form–I by giving details about the Establishment, and uploading documents related to Registration of the establishment along with Copy of Treasury Challan/ e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B appended to these rules. The form shall be signed digitally or in any other manner as may be required. The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State Government may by notification, from time to time amend the schedule of fee for registration.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishments for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(b) The Registering Officer may, on application being made to him under sub-rule (1), register the establishment and issue a certificate of registration in Form – II electronically or otherwise, if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishments for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(16) Registration of Contract Work:

(a) Every person seeking registration for an establishment relating to contract work not already registered shall apply electronically or otherwise in Form – I by giving details about the establishment, and uploading documents related to registration of the Establishment along with Copy of Treasury Challan/e-Challan or otherwise as proof of payment of registration fee prescribed in Schedule – B appended to these rules. The Form shall be signed digitally or in any other manner as may be required. The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State Government may, by notification from time to time amend the schedule of fee for registration.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(b) The Registering Officer may, on application being made to him under sub-rule (1), register the establishment and issue a certificate of registration in Form – II electronically or otherwise, if the application is complete in all respect but not later than seven working days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that the certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

Provided that in exceptional circumstances the State Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of Arunachal Pradesh, and submission of application in the form so provided, may be permitted.

(17) Late fees: Where an employer has not submitted its application for registration within 60 days as required under sub-section (1) of Section 3, he shall submit the application for registration along with late fee as under:

Period of Delay Late fee-percentage of fees

Up to 60 days 25%

After 60 days Additional 1% for every day

Source: The Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022, No. LAB(W) 03/2020 — Arunachal Pradesh Gazette Extraordinary No. 132, Vol. XXIX, 2 May 2022, pp. 3–7 of the PDF. Open our copy at p. 3 · official download · all sources