The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide notification
number G.S.R. 2367, dated the 6th September, 1975 and lastly amended vide G.S.R. 784(E), dated the 10th November,
2014.
www.sharpfacility.com
G.S.R. 619(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central
Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby
published as required by sub-section (3) of the said section for the information of all persons likely to be affected
thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of
thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made
available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion ofIndustry
and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, NewDelhi- 110001 or
by e-mail at bikram.87@nic.in and ipr-patents@gov.in;
The objections and suggestions, which may be received from any person with respect to the said draft rules
before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
1. (i) These rules may be called “The Draft Patents (Amendment), Rules, 2023”.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the Patents Rules, 2003, hereinafter referred to as the ‘principal rules’, in rule 12:
(i) in clause (2), for the words ‘six months from the date of such filing’, the words ‘two months from the
date of issuance of first statement of objections’ shall be substituted;
(ii) for clause (3), the following clause shall be substituted, namely,-
“3. The Controller shall consider the information relating to processing of the application in a country
outside India that is accessible using public databases.
4. The Controller may, under sub-section (2) of section 8, for reasons to be recorded in writing, direct the
applicant to furnish a fresh statement and undertaking in Form 3 within two monthsfrom the date of such
communication by the Controller.
5. Notwithstanding anything contained in the sub-rules (1), (2) or (3), the Controller may condone the
delay in filing of Form 3 upon a request made in Form 4.”
3. After sub-rule (2) of rule 13 of the principal rules, the following shall be inserted, namely,-
“(2A) A patent applicant may, if he so desires, file a divisional application under section 16, including in respect of
an invention disclosed in the provisional specification.”
4. In rule 24B of the principal rules,-
a. in sub-rule (1),for the words ‘forty-eight’, wherever they occur, the words ‘thirty-one’shall be substituted;
b. in sub-rule (1), after clause (v), the following clause shall be inserted, namely,-
‘(vi). Notwithstanding anything contained in this sub-rule, in respect of an application that was filed before the Patents
(Amendment) Rules, 2023 came into force, the request for examination under sub-section (1) of section 11B shall be
filed within the time prescribed in the Patents (Amendment) Rules, 2006.’
Now, Small entity is eligible for expedited examination.
2. if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then
the applicant or at least one of the applicants is a female, are eligible for expedited examination.
3. Department of Goverment, Government institutions, and Government companies can also file for expedited examination.
4. No transmittal fee for international applications.
5. No fee for preparation of a certified copy of priority document and e-transmission through WIPO DAS.
This document discusses emotional intelligence and its importance. It defines emotions and types of emotions. Emotional intelligence involves managing one's own emotions as well as understanding others' emotions through empathy. High emotional intelligence is especially important for leaders as they must motivate employees and deal with challenges. The document outlines five components of emotional intelligence: self-awareness, managing feelings, self-motivation, empathy, and relationship management. Low emotional intelligence can lead to relationship problems, poor decisions, lack of career advancement, and other issues. Developing emotional intelligence is important for success in the workplace.
The document provides an overview of the Employee Provident Fund Act of 1952 in India. It discusses key aspects such as scope, eligibility, contributions, withdrawals, settlements, forms and returns, benefits, and penalties. The EPF is a mandatory savings program for employees in India that aims to provide social security benefits. Both employers and employees contribute equally to the fund at a rate of 12% each, and the accumulated savings can be withdrawn at retirement or under other circumstances.
The document discusses the key provisions of the Payment of Gratuity Act of 1972 in India. It defines gratuity as a lump sum payment by an employer upon termination of employment as retirement compensation for past services. The Act applies to shops, establishments, factories and other organizations employing 10 or more people. It requires 5 years of continuous service for gratuity eligibility and specifies the calculation of gratuity amounts based on wages. The document also outlines nomination procedures, penalties for non-compliance, and the roles of controlling authorities and inspectors in administering the Act.
This document provides guidance on effective time management skills for employees. It outlines common time wasters like procrastination and lack of planning. It teaches how to plan daily, weekly, and monthly tasks; prioritize tasks by importance; define goals; make decisions; capitalize on prime time; avoid procrastination; manage interruptions; and handle emergencies. The key benefits of time management are increased productivity, less stress, and more success.
This letter appoints Mr. [name] to the position of [position] at a salary of Rs. [amount] per month starting on [date]. The appointment is subject to a 12-month probation period and various terms and conditions including medical fitness, verification of credentials, confidentiality, responsibilities, termination, transfer or change of employment, and compliance with company rules and regulations. Acceptance of the offer requires signing and returning a duplicate copy of this letter.
This document provides guidance for someone new to an HR role. It outlines key HR priorities and responsibilities such as recruiting, benefits administration, training, and compliance. It emphasizes the importance of understanding company policies, employment laws, and ethics. Maintaining accurate records and clear communication are also highlighted. The document aims to help new HR professionals successfully perform their job duties.
The document discusses leadership and the differences between managers and leaders. It provides details on:
- The key roles of managers as focusing on planning, organizing, directing work, and controlling, while leaders focus more on inspiring and motivating people.
- The different leadership styles including delegating, participating, selling, and telling.
- The core tasks of new leaders in creating momentum through developing a vision, building credibility, and learning how to influence and motivate others.
- Techniques leaders can use to create momentum including securing early wins, modifying culture, and coalition building to support their vision and goals.
Great leaders inspire employees, build strong teams, communicate vision effectively, and empower others. An important quality of great leaders is their ability to build trust through integrity, competence, and open communication. Leaders differ from managers in that leaders facilitate change, focus on people, and challenge the status quo with a long-term vision. Developing an inspiring vision, valuing customers, removing obstacles, and empowering employees are keys to effective leadership.
This document discusses various aspects of communication including definitions, models, barriers, and effective strategies. Some key points:
- Communication is the exchange of information between a sender and receiver through symbols and their meanings. It can be thought of as an action, interaction, or meaning construction process.
- Barriers to communication include physical, psychological, attitudes, biases, and distractions. Overcoming barriers requires clarity, precision, understanding different perspectives, feedback, and using multiple channels.
- Effective communication involves planning, choosing an appropriate medium, removing barriers, active listening, and getting feedback. Good presentation skills are also important.
- Both verbal and nonverbal communication provide meaning. Body language, tone, pacing and
Leadership and management are two related but distinct concepts. Management focuses on planning, controlling, and organizing routine activities, while leadership involves inspiring others and coping with change. Effective leadership depends on the situation and leadership style. Transformational leaders inspire followers and facilitate organizational change, while transactional leaders focus more on exchanges between leaders and followers. Charismatic leadership skills can influence leadership effectiveness but must be balanced with other skills to avoid potential negative consequences.
The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide notification
number G.S.R. 2367, dated the 6th September, 1975 and lastly amended vide G.S.R. 784(E), dated the 10th November,
2014.
www.sharpfacility.com
G.S.R. 619(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central
Government proposes to make in exercise of the powers conferred by section 159 of the Patents Act, 1970, are hereby
published as required by sub-section (3) of the said section for the information of all persons likely to be affected
thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of
thirty days from the date on which copies of the Gazette of India, in which this notification is published, are made
available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion ofIndustry
and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, NewDelhi- 110001 or
by e-mail at bikram.87@nic.in and ipr-patents@gov.in;
The objections and suggestions, which may be received from any person with respect to the said draft rules
before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
1. (i) These rules may be called “The Draft Patents (Amendment), Rules, 2023”.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the Patents Rules, 2003, hereinafter referred to as the ‘principal rules’, in rule 12:
(i) in clause (2), for the words ‘six months from the date of such filing’, the words ‘two months from the
date of issuance of first statement of objections’ shall be substituted;
(ii) for clause (3), the following clause shall be substituted, namely,-
“3. The Controller shall consider the information relating to processing of the application in a country
outside India that is accessible using public databases.
4. The Controller may, under sub-section (2) of section 8, for reasons to be recorded in writing, direct the
applicant to furnish a fresh statement and undertaking in Form 3 within two monthsfrom the date of such
communication by the Controller.
5. Notwithstanding anything contained in the sub-rules (1), (2) or (3), the Controller may condone the
delay in filing of Form 3 upon a request made in Form 4.”
3. After sub-rule (2) of rule 13 of the principal rules, the following shall be inserted, namely,-
“(2A) A patent applicant may, if he so desires, file a divisional application under section 16, including in respect of
an invention disclosed in the provisional specification.”
4. In rule 24B of the principal rules,-
a. in sub-rule (1),for the words ‘forty-eight’, wherever they occur, the words ‘thirty-one’shall be substituted;
b. in sub-rule (1), after clause (v), the following clause shall be inserted, namely,-
‘(vi). Notwithstanding anything contained in this sub-rule, in respect of an application that was filed before the Patents
(Amendment) Rules, 2023 came into force, the request for examination under sub-section (1) of section 11B shall be
filed within the time prescribed in the Patents (Amendment) Rules, 2006.’
Now, Small entity is eligible for expedited examination.
2. if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then
the applicant or at least one of the applicants is a female, are eligible for expedited examination.
3. Department of Goverment, Government institutions, and Government companies can also file for expedited examination.
4. No transmittal fee for international applications.
5. No fee for preparation of a certified copy of priority document and e-transmission through WIPO DAS.
This document discusses emotional intelligence and its importance. It defines emotions and types of emotions. Emotional intelligence involves managing one's own emotions as well as understanding others' emotions through empathy. High emotional intelligence is especially important for leaders as they must motivate employees and deal with challenges. The document outlines five components of emotional intelligence: self-awareness, managing feelings, self-motivation, empathy, and relationship management. Low emotional intelligence can lead to relationship problems, poor decisions, lack of career advancement, and other issues. Developing emotional intelligence is important for success in the workplace.
The document provides an overview of the Employee Provident Fund Act of 1952 in India. It discusses key aspects such as scope, eligibility, contributions, withdrawals, settlements, forms and returns, benefits, and penalties. The EPF is a mandatory savings program for employees in India that aims to provide social security benefits. Both employers and employees contribute equally to the fund at a rate of 12% each, and the accumulated savings can be withdrawn at retirement or under other circumstances.
The document discusses the key provisions of the Payment of Gratuity Act of 1972 in India. It defines gratuity as a lump sum payment by an employer upon termination of employment as retirement compensation for past services. The Act applies to shops, establishments, factories and other organizations employing 10 or more people. It requires 5 years of continuous service for gratuity eligibility and specifies the calculation of gratuity amounts based on wages. The document also outlines nomination procedures, penalties for non-compliance, and the roles of controlling authorities and inspectors in administering the Act.
This document provides guidance on effective time management skills for employees. It outlines common time wasters like procrastination and lack of planning. It teaches how to plan daily, weekly, and monthly tasks; prioritize tasks by importance; define goals; make decisions; capitalize on prime time; avoid procrastination; manage interruptions; and handle emergencies. The key benefits of time management are increased productivity, less stress, and more success.
This letter appoints Mr. [name] to the position of [position] at a salary of Rs. [amount] per month starting on [date]. The appointment is subject to a 12-month probation period and various terms and conditions including medical fitness, verification of credentials, confidentiality, responsibilities, termination, transfer or change of employment, and compliance with company rules and regulations. Acceptance of the offer requires signing and returning a duplicate copy of this letter.
This document provides guidance for someone new to an HR role. It outlines key HR priorities and responsibilities such as recruiting, benefits administration, training, and compliance. It emphasizes the importance of understanding company policies, employment laws, and ethics. Maintaining accurate records and clear communication are also highlighted. The document aims to help new HR professionals successfully perform their job duties.
The document discusses leadership and the differences between managers and leaders. It provides details on:
- The key roles of managers as focusing on planning, organizing, directing work, and controlling, while leaders focus more on inspiring and motivating people.
- The different leadership styles including delegating, participating, selling, and telling.
- The core tasks of new leaders in creating momentum through developing a vision, building credibility, and learning how to influence and motivate others.
- Techniques leaders can use to create momentum including securing early wins, modifying culture, and coalition building to support their vision and goals.
Great leaders inspire employees, build strong teams, communicate vision effectively, and empower others. An important quality of great leaders is their ability to build trust through integrity, competence, and open communication. Leaders differ from managers in that leaders facilitate change, focus on people, and challenge the status quo with a long-term vision. Developing an inspiring vision, valuing customers, removing obstacles, and empowering employees are keys to effective leadership.
This document discusses various aspects of communication including definitions, models, barriers, and effective strategies. Some key points:
- Communication is the exchange of information between a sender and receiver through symbols and their meanings. It can be thought of as an action, interaction, or meaning construction process.
- Barriers to communication include physical, psychological, attitudes, biases, and distractions. Overcoming barriers requires clarity, precision, understanding different perspectives, feedback, and using multiple channels.
- Effective communication involves planning, choosing an appropriate medium, removing barriers, active listening, and getting feedback. Good presentation skills are also important.
- Both verbal and nonverbal communication provide meaning. Body language, tone, pacing and
Leadership and management are two related but distinct concepts. Management focuses on planning, controlling, and organizing routine activities, while leadership involves inspiring others and coping with change. Effective leadership depends on the situation and leadership style. Transformational leaders inspire followers and facilitate organizational change, while transactional leaders focus more on exchanges between leaders and followers. Charismatic leadership skills can influence leadership effectiveness but must be balanced with other skills to avoid potential negative consequences.
1. 132 GI/2018 (1)
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EXTRAORDINARY
Hkkx II—[k.M 3—mi&[k.M (i)
PART II—Section 3—Sub-section (i)
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PUBLISHED BY AUTHORITY
la- 16] ubZ fnYyh] lkseokj] tuojh 8] 2018@ikS"k 18] 1939
No. 16] NEW DELHI, MONDAY, JANUARY 8, 2018/PAUSHA 18, 1939
᮰म और रोजगार मंᮢालय᮰म और रोजगार मंᮢालय᮰म और रोजगार मंᮢालय᮰म और रोजगार मंᮢालय
अिधसूचनाअिधसूचनाअिधसूचनाअिधसूचना
नई ᳰद᭨ली, 8 जनवरी, 2018
सा.का.िन.सा.का.िन.सा.का.िन.सा.का.िन. 17171717(अ).(अ).(अ).(अ).————औ᳒ोिगक िनयोजन (᭭थायी आदेश) के᭠ᮤीय िनयम, 1946 का और संशोधन करने के िलए
कितपय िनयमᲂ का िन᳜िलिखत ᮧाᱨप, िजसे के᭠ᮤीय सरकार औ᳒ोिगक िनयोजन (᭭थायी आदेश) अिधिनयम, 1946 (1946
का 20) कᳱ धारा 15 ᳇ारा ᮧदᱫ शिᲦयᲂ का ᮧयोग करते ᱟए, धारा 15 कᳱ उप-धारा (1) के अधीन बनाने का ᮧ᭭ताव करती
है । ऐसे सभी ᳞िᲦयᲂ कᳱ जानकारी के िलए, िजनके इससे ᮧभािवत होने कᳱ संभावना है, ᮧकािशत करती है और यह सूचना
दी जाती है ᳰक उᲦ ᮧाᱨप िनयमᲂ पर उस तारीख से िजसको राजपᮢ कᳱ ᮧितयां, िजसमᱶ यह अिधसूचना ᮧकािशत कᳱ जाती
हᱹ, जनता को उपल᭣ध करा दी जाती हᱹ, पर तीस ᳰदन कᳱ अविध कᳱ समाि᳙ के प᳟ात् िवचार ᳰकया जाएगा ।
आᭃेप या सुझाव, यᳰद कोई हᲂ, संयुᲦ सिचव, ᮰म और रोजगार मंᮢालय (औ᳒ोिगक स᭥ब᭠ध नीित िविधक
अनुभाग) ᮰म शिᲦ भवन, रफᳱ मागᭅ, नई ᳰद᭨ली–110001 को भेजे जा सकᱶगे ।
ऐसे आᭃेपᲂ या सुझावᲂ पर, जो उᲦ ᮧाᱨप िनयमᲂ के स᭥ब᭠ध मᱶ ᳰक᭠हᱭ ᳞िᲦयᲂ से राजपᮢ मᱶ इस अिधसूचना के
ᮧकाशन कᳱ तारीख से पूवᲃᲦ अविध कᳱ समाि᳙ से पूवᭅ ᮧा᳙ ᳰकए जा सकᱶगे, के᭠ᮤीय सरकार ᳇ारा िवचार ᳰकया जाएगा ।
ᮧाᱨप िनयमᮧाᱨप िनयमᮧाᱨप िनयमᮧाᱨप िनयम
1. (1) इन िनयमᲂ का संिᭃ᳙ नाम औ᳒ोिगक िनयोजन (᭭थायी आदेश) के᭠ᮤीय (संशोधन) िनयम, 2018 है ।
(2) ये राजपᮢ मᱶ उनके अंितम ᮧकाशन कᳱ तारीख को ᮧवृᱫ हᲂगे ।
2. औ᳒ोिगक िनयोजन (᭭थायी आदेश) अिधिनयम, 1946 (1946 का 20) कᳱ अनुसूची कᳱ मद 1 मᱶ, “पᳯरधान िविनमाᭅण
सेटर मᱶ िनयत अविध िनयोजन कमᭅकार” श᭣दᲂ के ᭭थान पर “िनयत अविध िनयोजन” श᭣द रखे जाएंगे ;
3. औ᳒ोिगक िनयोजन (᭭थायी आदेश) के᭠ᮤीय िनयम, 1946 मᱶ,-
(क) िनयम 5 मᱶ, मद (6क) और उससे स᭥बि᭠धत ᮧिवि᳥यᲂ के ᭭थान पर िन᳜िलिखत मद और ᮧिवि᳥यां रखी
जाएंगी, अथाᭅत् :-
“(6क) िनयत अविध िनयोजन कमᭅकारᲂ कᳱ संया”;
http://www.perunduraihrforum.in/
2. 2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(ख) अनुसूची 1 मᱶ,-
(i) पैरा 2 मᱶ,
(क) उप-पैरा (क) मᱶ, मद (3क) और उससे स᭥बि᭠धत ᮧिवि᳥यᲂ के ᭭थान पर िन᳜िलिखत मद और
ᮧिवि᳥यां रखी जाएंगी, अथाᭅत् :-
“(3क) िनयत अविध िनयोजन कमᭅकार”;
(ख) उप-पैरा (ज) मᱶ, “पᳯरधान िविनमाᭅण सेटर मᱶ िनयत अविध िनयोजन कमᭅकार” श᭣दᲂ के ᭭थान
पर “िनयत अविध िनयोजन कमᭅकार” श᭣द रखे जाएंगे ।
(ii) पैरा 13 मᱶ, उप-पैरा (2) मᱶ, “अथवा पᳯरधान िविनमाᭅण सेटर मᱶ िनयत अविध िनयोजन कमᭅकार” श᭣दᲂ के
᭭थान पर “अथवा िनयत अविध िनयोजन कमᭅकार” श᭣द रखे जाएंगे ।
(ग) (i) अनुसूची 1क मᱶ पैरा 3 मᱶ,-
(क) उप-पैरा (क) मᱶ, मद (iii) के प᳟ात्, िन᳜िलिखत मद अ᭠तः᭭थािपत कᳱ जाएगी, अथाᭅत्:—
“(iiiक) िनयत अविध िनयोजन”;
(ख) उप-पैरा (घ) के प᳟ात् िन᳜िलिखत उप-पैरा अ᭠तः᭭थािपत ᳰकया जाएगा, अथाᭅत् :-
“(घक) ‘िनयत अविध िनयोजन कमᭅकार’ एक ऐसा कमᭅकार है िजसे िनयत अविध के िलए ठेकागत
िनयोजन आधार पर लगाया गया है :
परंतु –
(क) उसके कायᭅ के घंटे, मजदूरी, भᱫे और अ᭠य फायदे ᳰकसी ᭭थायी कमᭅकार से कम नहᱭ हᲂगे ;
(ख) वह ᭭थायी कमᭅकार के िलए उपल᭣ध सभी कानूनी लाभᲂ को भी उसके ᳇ारा कᳱ गई सेवा कᳱ अविध के
अनुसार आनुपाितक ᱨप से ᮧा᳙ करने का पाᮢ होगा । भले ही उसकᳱ िनयोजन कᳱ अविध कानून मᱶ
अपेिᭃत अहᭅक िनयोजन कᳱ अविध तक नहᱭ बढ़ायी जाती है”;
(ii) पैरा 13 मᱶ, उप-पैरा (ख) के ᭭थान पर िन᳜िलिखत उप-पैरा रखा जाएगा, अथाᭅत् :-
“(ख) औ᳒ोिगक िववाद अिधिनयम, 1947 (1947 का 14) के उपबंधᲂ के अधीन रहते ᱟए,-
(i) अ᭭थायी और बदली कमᭅकार के मामले मᱶ िनयोजन समा᳙ ᳰकए जाने के िलए कोई नोᳯटस आव᭫यक नहᱭ
होगा ; और
(ii) िनयत अविध िनयोजन आधार पर िनयोिजत कोई कमᭅकार ठेका या िनयोजन के नवीकरण न होने या इसकᳱ
समाि᳙ पर यᳰद उसकᳱ सेवाएं समा᳙ कर दी जाती हᱹ ᳰकसी नोᳯटस या उसके बदले मᱶ वेतन का हकदार नहᱭ
होगा :
परंतु ऐसा अ᭭थायी कमᭅकार, िजसने तीन मास िनरंतर सेवा कᳱ हो, को उसका िनयोजन समा᳙ करने के आशय का दो
स᳙ाह का नोᳯटस ᳰदया जाएगा, यᳰद ऐसी समाि᳙ उसके िनयोजन कᳱ संिवदा के िनबंधनानुसार नहᱭ है :
परंतु यह और ᳰक जब ᳰकसी अ᭭थायी कमᭅकार कᳱ सेवाएं, िजसने तीन माह कᳱ िनरंतर सेवाएं पूरी नहᱭ कᳱ हᲂ,
उसको ᳰदए गए िनयोजन के िनबंधनानुसार पूरा करने से पूवᭅ समा᳙ कर दी जाती हᱹ तो उसको समाि᳙ के कारणᲂ को लेखब
करते ᱟए सूचना दी जाएगी और जब ᳰकसी बदली कमᭅकार कᳱ सेवाएं, ᭭थायी पदधारी के कायᭅ पर वापस लौटने से पूवᭅ या
उसकᳱ (बदली कᳱ) िनयोजन के िनबंधन अनुसार समाि᳙ के पूवᭅ, समा᳙ कर दी जाती हᱹ तो उसे ऐसी समाि᳙ के कारणᲂ को
लेखब करते ᱟए जानकारी दी जाएगी ।
[फा.सं. एस-12011/1/2016-आईआर(पीएल)]
क᭨पना राजᳲसंहोत, संयुᲦ सिचव
ᳯट᭡पणᳯट᭡पणᳯट᭡पणᳯट᭡पण :::: मूल िनयम भारत के राजपᮢ मᱶ अिधसूचना संयांक एल.आर. 11(37), तारीख 18 ᳰदस᭥बर, 1946 ᳇ारा ᮧकािशत
ᳰकए गए थे और अंितम बार अिधसूचना संयांक सा.का.िन. 976(अ), तारीख 7 अᲦूबर, 2016 ᳇ारा संशोिधत
ᳰकए गए थे ।
3. ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 3
MINISTRY OF LABOUR AND EMPLOYMENT
NOTIFICATION
New Delhi, the 8th January, 2018
G.S.R. 17(E).—The following draft of certain rules further to amend the Industrial Employment
(Standing Orders) Central Rules, 1946 which the Central Government proposes to make, in exercise of the
powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), is
hereby published as required by sub-section (1) of the said section for information of all persons likely to be
affected thereby and notice is hereby given that the said draft rules will be taken up for consideration after the
expiry of thirty days from the date on which the copies of the Gazette of India in which this notification is
published are made available to the public;
Objections or suggestions, if any, may be addressed to the Joint Secretary, Ministry of Labour and
Employment (Industrial Relations Policy Legal Section), Shram Shakti Bhavan, Rafi Marg, New Delhi-110001;
The objections or suggestions which may be received from any person with respect to the said draft
rules before the expiry of the aforesaid period from the date of publication of this notification in the Official
Gazette, shall be considered by the Central Government.
Draft rules
1. (1) These rules may be called the Industrial Employment (Standing Orders) Central (Amendment)
Rules, 2018.
(2) They shall come into force on the date of their final publication in the Official Gazette.
2. In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in Schedule, in item 1, for
the words “fixed term employment workmen in apparel manufacturing sector;”; the words “fixed term
employment” shall be substituted;
3. In the Industrial Employment (Standing Orders) Central Rules, 1946,-
(a) in rule 5, for item (6A) and the entries relating thereto, the following item and entries shall be
substituted, namely:-
“(6A) Number of fixed term employment workmen;”;
(b) in Schedule 1,-
(i) in paragraph 2,-
(A) in sub-paragraph (a), for item (3A) and the entries relating thereto, the
following item and entries shall be substituted, namely:-
“(3A) fixed term employment workmen”;
(B) in sub-paragraph (h), for the words “ fixed term employment workman
in apparel manufacturing sector”, the words “fixed term employment workman” shall
be substituted.
(ii) in paragraph 13, in sub-paragraph (2), for the words “or fixed term employment
workman in apparel manufacturing sector,”, the words “or fixed term employment workman,”
shall be substituted.
(c) (i) in Schedule 1A, in paragraph 3,-
(A) in sub-paragraph (a), after item (iii), the following item shall be
inserted, namely:-
“(iiia) fixed term employment”;
(B) after sub-paragraph (d), the following sub-paragraph shall be
inserted, namely:-
4. 4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
“(da) A ‘fixed term employment’ workman is a workman who has
been engaged on the basis of contract of employment for a fixed period:
Provided that-
(a) his hours of work, wages, allowances and other benefits shall not
be less than that of a permanent workman;
(b) he shall be eligible for all statutory benefits available to a
permanent workman proportionately according to the period of
service rendered by him even if his period of employment does
not extend to the qualifying period of employment required in the
statute”;
(ii) in paragraph 13, for sub-paragraph (b), the following sub-paragraph shall be
substituted, namely:-
“(b) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of
1947),-
(i) no notice of termination of employment shall be necessary in
the case of temporary and badli workmen; and
(ii) no workman employed on fixed term employment basis as a
result of non-renewal of contract or employment or on its
expiry, shall be entitled to any notice or pay in lieu thereof, if
his services are terminated:
Provided that a temporary workman, who has completed three months
continuous service, shall be given two weeks notice of the intention to terminate his
employment if such termination is not in accordance with the terms of the contract of
his employment:
Provided further that when the services of a temporary workman, who has not
completed three month’s continuous service, are terminated before the completion of
the term of employment given to him, he shall be informed of the reasons for
termination in writing and when the services of a badli workman are terminated before
the return to work of the permanent incumbent or the expiry of his (badli’s) term of
employment, he shall be informed of the reasons for such termination in writing.”
[F.No. S-12011/1/2016-IR(PL)]
KALPANA RAJSINGHOT, Jt. Secy.
Note : The principal rules were published in the Gazette of India vide notification number LR 11(37), dated
the 18th
December, 1946 and were lastly amended by notification G.S.R. No. 976(E), dated the
7th
October, 2016.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
RAKESH
SUKUL
Digitally signed by
RAKESH SUKUL
Date: 2018.01.08
20:24:46 +05'30'