Rule 5. General provisions for registration under section 3

(1) The general provisions for registration are as under,-(a) The employer or occupier seeking registration for an establishment or factory, not already registered shall apply electronically in Form-1 on the Official Portal by giving details about the establishment, and uploading documents related to Registration of the establishment or factory, proof of Identity and address of the occupier or employer and manager specified in the Form and other documents as specified in the Official Portal. The Form shall be signed digitally or in any other manner as may be required in the Official Portal. 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 the Income Tax Act, 1961 or any other unique number allotted to the factory or establishment under any other Act for the time being in force or any other particular furnished in the form, may be verified online.

(c) Every application referred to in clause (a) shall be accompanied by a proof of payment of fees, as specified in relevant rule for such establishment or factory for the registration of the establishment or factory through Official Portal.

(d) The certificate of registration shall be issued in Form-2 electronically, if the application received under clause (a) is complete in all respect, within such time limit as prescribed under the Loksewa Guarntee Adhinium or rules made by the Central Government under the Code, whichever is less, for such service, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

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

(e) 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 or factory at the conspicuous place(s) in hard copy or electronically.

(2) The registering officer under these rules may direct the employer or occupier, who fails to comply with the requirements of sub-rule (1), to comply with such requirements within the time stated therein and such occupier or employer shall thereupon comply with the directions issued by such Officer in this behalf.

(3) The employer or the occupier in respect of an establishment or factory already registered under any other central labour law for the time being in force shall update the registration particulars on the Official 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 or factory has been given an opportunity to show cause within a period of 30 days, electronically or by registered post or by speed post, as to why the certificate of registration should not be cancelled.

(5) The employer or the occupier 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 for registration in Form-1 submitted on the Official Portal, shall be updated on the portal by the employer or occupier within thirty days of such change.

(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 online on the Official Portal after giving complete details of the dues payable under the Code and rules made thereunder:

Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues payable under the Code and rules made thereunder and submitted a self-certification to that effect along with the application. ‍447

(8) The registering officer shall maintain a register of establishment electronically in Form-3 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 or cessation of any work, intimate to the Inspector-cum-Facilitator having jurisdiction in the area where the proposed establishment is situated or as the case may be, the work is to be executed, intimating the actual date of the commencement and, completion of work or cessation of work, as the case may be, in Form-4 electronically and the same shall be auto-shared to Employees' Provident Fund Organization (EPFO) and Employees' State Insurance Corporation (ESIC).

(10) All fees payable under this rule shall be credited into the Government treasury under the head of the account notified in this regard.

(11) Every fee for an application under these rules shall be paid online on Official Portal.

(12) If an application for the grant of registration, renewal or amendment of a registration or licence is rejected, the fees paid shall not be refunded to the applicant.

(13) Where such application is granted, any amount paid by the applicant in excess of the prescribed fee shall be refundable only after the expiry of one year from the date of such grant or the same may be adjusted against payment of any fees due for the next succeeding year.

Provided that an establishment shall be deemed to have registered under the Rajasthan Shop and Commercial Establishment Act, 1958 if the establishment is registered under the Code.

Factories