Rule 3. Manner of submitting application under Section 3 and the form of such application and the particulars to be contained therein and the fees to be accompanied therewith and late fee under the proviso to sub-section (1) of section 3

(1) (i) The employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Online Portal by giving details about the establishment, and uploading documents related to Registration of the establishment, proof of Identity and address of the employer(s) as specified in the Form along with the fee prescribed in the Sub-rule (10) of Rule 3. 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.

(ii) 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.

(iii) The certificate of registration shall be issued in Form-II electronically immediately if the application is complete in all respect but not later than Seven 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. The Registering Officer shall facilitate registration and shall not reject the application merely on superficial matters.

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

(iv) The certificate of registration should 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.

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

(3) The employer in respect of an establishment already registered under any other Central Labour Laws for the time being in force shall, update the registration particulars on the Online Portal, within six months from the date on which the Code comes into force.

(4) 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, as to why the certificate of registration should not be cancelled.

(5) The employer shall quote the Registration Number on all documents prepared or completed by him in connection 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.

(6) Any change in the ownership, management or any particular furnished in Registration Form submitted on the specified portal shall be updated on the portal by the employer within thirty days of such change and amended registration certificate as prescribed in Form II shall be issued by the registering officer within seven days incorporating the said changes and the previously issued registration certificate shall stand cancelled.

(7) 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 on the Online Portal after giving complete details of the dues payable under the Labour Codes:

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 Central Labour Codes and any other Labour law in force in accordance with the law applicable for the time being and submitted a self-certification to that effect along with the application.

(8) The registering officer shall maintain a register of establishment electronically in Form-III showing the particulars of establishment in relation to which certificates of registration have been issued by him.

(9) 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 and the same shall be auto-shared to EPFO and ESIC.

(10) (1) In case of Establishments existing before the commencement of the Code there shall be no fees for registration if the applicant apply for registration within 60 days from the date of applicability of this code, however, for new establishment fee for registration will be paid as specified in table below. Late fees in both cases, to be paid for the purpose of grant of a licence under Sub-section (1) and (2) of Section 3 of an establishment shall be as specified in the table below, namely; Sl. Number of workers/ For the new Late Fees for both new and existing employees Establishmment Establishmment Up-to 60 days From F r o m 91- From 181 61-to 90 to 180 or more days days days a 10 but does not exceed 49 Rs. 500 Rs. 1000 Rs. 5000 Rs. 10000 b 50 but does not exceed 100 Rs. 1000 Rs. 2000 Rs. 10000 Rs. 20000 c 101 but does not exceed 300 Rs. 2000 Rs. 4000 Rs. 20000 Rs. 40000 d 301 but does not exceed 500 Rs. 3000 Rs. 6000 Rs. 30000 Rs. 50000 e 501 but not exceeding 1000 Rs. 4000 Rs. 8000 Rs. 40000 Rs. 60000 f 1001 but not exceeding 5000 Rs. 5000 Rs. 10000 Rs. 50000 Rs. 70000 g 5001 and above Rs. 6000 Rs. 12000 Rs. 60000 Rs. 80000

(2) In deciding the late fee, the date of utility connection in the name of establishment owner/ employer/ occupier may be taken into account by Registering Officer.

(3) Notwithstanding anything contained in these Rules, any establishment to which the Code applies and which has already been registered under—

(a) any Central Labour Law; or

(b) any other law as may be notified by the Central Government, applicable to such establishment and in force at the time of commencement of the Code, shall be deemed to have been registered under the provisions of the Code:

Provided that the holder of such registration shall furnish the particulars of the registration to the concerned Registering Officer in Form-I within a period of 60 days from the date of publication of these Rules, in the case of an existing establishment, and within 60 days from the date of registration, in the case of a new establishment.