Jharkhand Platform Based Gig Workers (Registration and Welfare) Bill, 2024

THE JHARKHAND GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY 10 AASHAADH 1946 (S) RANCHI, MONDAY 1ST JULY, 2024 DEPARTMENT OF LABOUR, EMPLOYMENT, TRAINING AND SKILL DEVELOPMENT -------- NOTIFICATION 1st July, 2024 S.O No…………… File No.-02/Shram.ka.Socialsecurity(Gig workers)-01/2024L&T…….The attached draft bill for registration and welfare of Platform based gig workers of the state, by the order of Hon’ble Governer of Jharkhand, the state government proposes to make the Act and hereby published for information of all persons likely to be affected thereby and notice is hereby given that the said draft bill would be taken into consideration after the expiry of a period of fifteen days from the date of their publication in the official gazette.

Any objection or suggestion which may be received from any person in respect to the said draft bill/Act before expiry of the period as specified above will be considered by the state government. Such objections and suggestions should be address to Director, Minimum wages, Jharkhand, ShramBhawan,Doranda,Ranchi,PinNo.-834002.E-Mail-jlcran721 @gmail.com.

Under Secretary, Sd/- Office of Labour Commissioner Jharkhand, Ranchi.

No. 430 Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024 THE JHARKHAND PLATFORM BASED GIG WORKERS (REGISTRATION AND WELFARE) BILL, 2024 Object and Purpose:- A Bill to safeguard the rights of gig workers and impose responsibilities on platforms concerning social security, occupational health and safety, transparency in automated systems, and dispute resolution. Also, to establish a Welfare Board and establish a welfare fund for gig workers register gig workers and platforms within the state, and address related matters.

Be it enacted by the Jharkhand State Legislature in the Seventy-fifth Year of the Republic of India, as follows:- CHAPTER-I Preliminary

1. Short title, extent, commencement and application.-

1) This Act may be called the Jharkhand Platform Based Gig Workers (Registration and Welfare) Act, 2024.

2) It extends to the whole of the State of Jharkhand.

3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint:

Provided that the provisions of the Act shall be deemed to have commenced on the one hundred and twentieth day from the date of enactment, or on the date of notification, whichever is earlier.

4) It applies to:- I.

an aggregator or primary employer operating in the State of Jharkhand;

II.

an aggregator or primary employer providing any one or more services specified in Schedule; and III.

any service or work being carried out that meets with the definition of gig worker and platform as defined respectively under clause (f) and clause (g) of section 2 of the Act.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) Automated monitoring and decision making systems” means systems which make decisions solely by automated means without human intervention;

(b) “Aggregator” means a digital intermediary for a buyer or user of a service to connect with the seller or the service provider, and includes any entity that coordinates with one or more aggregators for providing the services;

(c) “Appellate Authority” means the Member-Convener of the Board;

(d) “Board” means the Jharkhand Platform Based Gig Workers Welfare Boardconstituted under section 3;

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

(e) “Fund” means the Jharkhand Platform Based Gig Workers Social Security and Welfare Fund established under sub-section (1) of section 11 of the Act;

(f) “gig worker” means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship and who works on contract that results in a given rate of payment, based on terms and conditions laid down in such contract and includes all piece-rate work; and whose work is sourced through a platform, in the sectors specified in the Schedule to this Act;

(g) “Platform” means an online transaction based arrangement of work that may involve a person or persons providing goods and services and a person or persons receiving goods and services against a specified rate of payment; and involving the use of automated monitoring and decision making systems.

(h) “prescribed” means prescribed by rules made under this Act;

(i) “regulations” means the regulations made by the Board under this Act;

(j) “rules” means the rules made under this Act;

(k) “State Government” means the Government of Jharkhand;

(l) “Unique ID” means the unique number issued to platform based gig worker registered as per section 9; and

(m) “Welfare Cess” means the cess levied under section 12 of this Act.

(n) “Notification” means a notification published in the Official Gazette of a State, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly;

(o) “Grievance redressal officer” means the authority notified by the State Government under sub-section (1) section 24.

(p) Terminate" or "Termination" means materially restricting a gig workers’ access to the digital platform, including blocking a gig workers’ access to the digital platform, suspending a gig worker, or making the gig worker ineligible to provide services on the digital platform.

CHAPTER-II Platform Based Gig Workers Welfare Board

3. Jharkhand Platform Based Gig Workers Welfare Board.-  The State Government shall, with effect from such date as it may appoint, constitute a Board to be known as the Jharkhand Platform Based Gig Workers Welfare Board to exercise the powers conferred on, and perform the functions assigned to it, under this Act.

 The State Government may, as and when necessary, notify general or sector specific social security and other benefits that shall be implemented by the Board.

 The headquarters of the Board shall be at Ranchi, Jharkhand Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

4. Composition of the Board:- The Board shall consist of Provided that the State Government shall ensure that the nominated members of the Board include at least one-third women.

(i) the Minister in-charge of the Department of Labour, Jharkhand - Ex-officio Chairperson;

(ii) the Secretary in-charge, Department of Labour, Employment, Trainning and Skill Development or his nominee not below the rank of Joint Secretary - Ex-officio Member- Secretary;

(iii) the Secretary in-charge, Department of Information and Technology or his nominee not below the rank of Joint Secretary - Ex-officio Member;

(iv) the Secretary in-charge, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare or his nominee not below the rank ofJoint Secretary - Ex-officio Member;

(v) the Secretary in-charge, Department of Transport or his nominee not below the rank of Joint Secretary - Ex-officio Member;

(vi) the Secretary in-charge, Department of Financeor his nominee not below the rank of Joint Secretary - Ex-officio Member;

(vii) A Chief Executive Officer appointed by the State Government who shall be a Member and be Executive in-charge of day to day functioning of the Board and carry out duties on behalf of the Board - Ex-officio Member;

(viii) two representatives of the platform based gig workers to be nominated by the State Government - Members;

(ix) two representatives of aggregators, , owners and manufacturers of goods and services being delivered through platforms to be nominated by the State Government - Members; and (x) two representatives, one from Civil Society and another who evince interest in any other field, who, in the opinion of the State Government, ought to be represented in the Board, to be nominated by the State Government - Members:

(xi) A technical expert in the field of data collection and IT systems may be invited as and when necessary to provide inputs -Members:

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024 Explanation.- For the purpose of this sub-section expression “Secretary in-charge” means the Secretary to the Government in-charge of a department and includes an Additional Chief Secretary or a Principal Secretary when he is in-charge of a department.

I.

The nominated members of the Board shall have a term of three years:

 Provided that the State Government may extend their tenure for another one year if it deems appropriate.

II.

In the event of any vacancy occurring on account of death, resignation, disqualification or removal under sub-section (8) and (9), such vacancy shall be filled by the State Government by fresh nomination for the remaining term.

III.

Any nominated member of the Board may at any time resign from his/her office by writing under his/her hand addressed to the Chairperson, and his/her office shall, on acceptance of resignation, become vacant.

IV.

No person shall be chosen as, or continue to be, a nominated member of the Board who-  is a salaried officer or an employee of the Board; or  is or at any time has been adjudged insolvent; or  is found to be a lunatic or becomes of unsound mind; or  is or has been convicted of any offence involving moral turpitude.

V.

The State Government may remove from office any nominated member, who-  is or has become subject to any of the disqualifications mentioned in sub-section (8) of this section; or  is absent without leave of the Board for more than three consecutive meetings of the Board.

5. Meeting of the Board.-  The Board shall meet at such time and place and observe such rules of procedure for transaction of business at its meetings as may be prescribed by regulations:

 Provided that the Board shall meet at least once in six months:

 Provided further that the Chairperson may convene additional meeting(s) of the Board upon a written request from at least six members of the Board.

 The Chairperson, or, if for any reason he is unable to attend any meeting of the Board, any other member authorised by him, shall preside over the meeting.

 All questions which come up before any meeting of the Board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the Chairperson, or in his absence, the person presiding, shall have a second or a casting vote.

 The Quorum for the meeting of the Board shall be fifty per cent of the total members.

6. Powers, Duties and Functions of the Board.- The powers, duties and functions of the Board shall be as follows:-

(a) register platform based gig workers as per section 11;

(b) ensure registration of gig workers in accordance with the provisions under this Act and allied rules;

(c) ensure registration of aggregators operating in the State in accordance with the provisions under this Act and allied rules;

(d) ensure that welfare cess deduction mechanism is integrated with the functioning of the application of the aggregator or primary employer;

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

(e) set up a monitoring mechanism to review compliance of provisions of this Act and to certify that welfare cess is being duly deducted;

(f) formulate and notify schemes for social security of registered platform based gig workers and take such measures as it may deem fit for administering such schemes;

(g) ensure that gig workers have access to the benefits as per the schemes formulated by the State Government and to provide proactive facilitation to them in their engagement with concerned aggregator

(h) Ensure implementation of general and specific social security schemes based on contributions made as may be notified by the State Government and disburse the social security benefits through the individual social security accounts linked to the Unique IDs allocated to gig workers

(i) The Board shall have the power to seek aggregated data from the aggregator’s platforms on the work done via their platform.

(j) ensure rights of platform based gig workers, under this Act, are protected;

(k) engage with registered unions working with platform based gig workers and hold regular open consultations with them;

(l) nominate persons or officers who would be competent to act on behalf of any registered platform based gig worker to initiate action for making any claim under any law or rules made thereunder or award or settlement made under any such law and appear on behalf of the registered platform based gig worker in such proceedings;

(m) formulate general schemes for benefit of all platform based gig workers registered under this Act towards accidental insurance, immediate assistance in case of accident, medical emergencies and health insurance and other benefits concerning health, accident and education as may be prescribed;

(n) transfer all monetary benefits accrued to the platform based gig workers through Direct Benefit Transfer (DBT); and

(o) constitute a committee for formulating, their review and implementation of schemes:

Provided that the committee shall search for convergence with social security schemes of Government both Central and State so that optimum use can be made of social security contributions as well as maximum benefit possible be accrued to the platform based gig workers.

7. Rights to Gig Workers All platform based gig workers shall have the right to

1) be registered with the State Government on being onboarded on any platform, irrespective of the duration of the work, and be provided a Unique ID applicable across all platforms;

2) have access to general and specific social security schemes based on contributions made as may be notified by the State Government;

3) access a grievance redressal mechanism as specified in Section 17;

Provided that nothing in this Act shall affect any benefit or protection accorded to platform based gig workers under any other law for the time being in force.

8. Officers and Employees of the Board.- Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

1) The Board shall appoint such officers and employees as it considers necessary for the efficient discharge of its functions under this Act.

2) The terms and conditions of appointment and the salary and allowances payable to the officers and employees of the Board shall be such as may be prescribed.

3) The officers and employees working with Jharkhand State Unorganised Workers Social Security Board are considered to be officers and employees of the Gig Workers Welfare Board for the efficient discharge of its functions under the Act.

9. Salaries and allowances.-

1) The nominated members of the Board shall be entitled for allowances for attending the meetings of the Board, at such rates as may be prescribed.

10. Accounts and Audit.-

1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including a balance-sheet in such form as may be prescribed.

2) The accounts of the Board shall be audited annually by the office of the Accountant General of Jharkhand.

3) The accounts of the Board certified by the auditor, together with the audited report thereon shall be forwarded annually to the State Government before such date as the State Government may specify in this behalf.

4) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue.

5) The cost of audit, as determined by the State Government, shall be paid out of the Fund.

6) All moneys forming part of the Fund shall be kept in current or deposit account with the State Bank of India (SBI) or in any Nationalized Bank or invested in securities by the Board with the prior approval of the State Government.

CHAPTER-III Registration of Platform Based Gig Workers, Aggregators

11. Registration of platform based gig workers.-

1) The aggregators shall provide to the Board its database of all gig workers on boarded or registered with them within sixty days of enforcement of this Act as may be prescribed by regulations;.

2) All gig workers on boarded or registered with any platform after the commencement of this Act shall be electronically registered as may be prescribed by the Board, within sixty days of their being so onboarded or registered. The aggregators shall update the Board about any changes, i.e., increase or decrease in numbers of gig workers in the data provided under sub-section (1) as prescribed by regulations;

3) The Board shall maintain a database of platform based gig workers in the State along with the details of their employment with one or more aggregators or, and notwithstanding the duration or time of engagement with app-based platforms.

4) The Board shall register and generate a unique ID to every gig worker who is on- boarded by one or more aggregators operating in the State.

5) Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

12. Registration of aggregatorsor primary employer.-

1) Every aggregator or primary employer shall be required to get registered with the Board within sixty days of enforcement of this Act.

2) The Board shall maintain a register of aggregators or primary employer operating in the State along with the name and designation of an officer authorized by the Board responsible for carrying out obligations under this Act.

3) The Board shall publish the register of aggregators or primary employer on its web portal.

CHAPTER-IV Platform Based Gig Workers Fund and Welfare Cess

13. Fund for platform based gig workers.- (1) The State Government shall establish a fund to be called “The Jharkhand Platform Based Gig Workers Social Security and Welfare Fund” for the benefit of registered platform based gig workers and the following money shall form part of, and be paid into, namely:- (i) all sums received from welfare cess levied under this act;

(ii) all contributions made by individual platform based gig workers;

(iii) all sums received as grant-in-aid from the State Governmentand Central Government;

(iv) All sums received by way of grants, gifts, donations, benefactions, bequests or transfers;

(v) all sums received from any other sources as may be prescribed (1) The Fund shall be utilised and managed in such manner as may be prescribed by the State Government.

14. Platform Based Gig Workers Welfare Cess.-  There shall be charged, from an aggregator a welfare fee known as “The Platform Based Gig Workers Welfare Fee”, which shall be at such rate (percent) of the value of each transaction related to platform based gig worker as may be notified by the State Government.

Explanation - For the purposes of this section, ‘the value of each transaction’ shall not include any tax paid or payable.

 Such fee shall be collected by the State Government in such manner and within such time as may be prescribed.

 The aggregator shall deposit the welfare fee levied under this Act, at the end of each quarter;

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024 CHAPTER-V Rights of Platform Based Gig Workers and Responsibilities of Aggregators

15. Rights of registered Platform Based Gig Workers.-

1) All Platform Based Gig Workers shall have the right to,-

2) be registered with the Board on being onboarded on any app based platform work, irrespective of the duration of the work, and be provided a Unique ID applicable across all platforms;

3) have access to general and specific social security schemes based on contribution made as may be notified by the Board;

4) have an opportunity to be heard for any grievances and appropriate grievance redressal mechanism as specified in this Act; and

5) participate in all decisions taken for their welfare through representation in the Board:

16. Responsibilities of Aggregators.-

a) All contracts entered into between aggregators and gig workers shall comply with the provisions of this Act.

b) Contracts shall be written in simple language easily comprehensible, and shall be available in Hindi, English or any other language listed in the Eighth Schedule of the Constitution known to the gig worker.

c) Once the contract has been entered into, the aggregator shall notify the gig worker of any change in the terms of the contract not less than fourteen days before the proposed change, and the gig worker shall have the option to accordingly terminate the contract, without any adverse consequences for their existing entitlements under the previous contract.

d) Gig workers may refuse or reject, with reasonable cause, a specified number of gig work requests per week, as shall be provided in the contractual agreement between the gig worker and the aggregator, without any adverse consequences.

e) The State Government shall publish sector specific guidelines for contracts from time to time.

f) The State Government may review contract templates sent by aggregators, on request, in order to ensure fair contracts with gig workers.

g) The aggregator must communicate the following information regarding the respective gig worker, in writing, in Hindi, English or any other language listed in the Eighth Schedule of the Constitution known to the gig worker, as and when sought by him - I.

the main parameters which, either individually or collectively, are the most important for determining the allocation of work, the distribution of work, the assessment of work carried out, and the grounds for denial of work.

II.

the rating system, if any, set up by the aggregator;

III.

Categorization of gig workers, on the basis of the quality of service rendered, log-in time, or any other criteria, where such categorization is employed by the aggregator;

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024 IV.

the personal data of the respective gig worker available with the aggregator, such personal data which is processed by the aggregator, including the purposes for which such personal data is processed;

V.

any other information that may be prescribed by the State Government

h) The aggregator must inform the gig worker, in simple language and in Hindi, English or any other language listed in the Eighth Schedule of the Constitution known to the gig worker, regarding the procedure to seek information in respect of the application systems employed by the aggregator, which have an impact on their working conditions, including fares, earnings, customer feedback and allied information.

i) The aggregator shall take measures to prevent discrimination on the basis of religion, race, caste, gender, or place of birth by the automated monitoring and decision making systems employed by it.

j) The contractual agreement entered into between the aggregator and the gig worker shall contain an exhaustive list of grounds for termination of contract by the aggregator or deactivation of the gig worker from the platform.

k) An aggregator shall not terminate a gig worker without giving valid reasons in writing and with prior notice of fourteen days.

l) In the cases of payment deductions, the aggregator must inform the gig worker about the reasons for such deductions within the invoice raised for the work performed by the gig worker.

m) The aggregators must compensate the gig workers at least on a weekly basis with no delay in disbursal of pay.

n) The aggregator must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of the gig worker.

o) The aggregator shall comply with the applicable, sector-specific, occupational safety and health standards as may be prescribed by the State Government.

p) The aggregator shall ensure that information on the grievance redressal mechanism in this act is easily accessible on their platform.

q) The aggregator shall ensure that information on the dispute resolution mechanism in this act is easily accessible on their respective platform.

r) Each gig worker must be provided with a human point of contact for all clarifications under the provisions of this Act; Provided that the aggregator may maintain physical spaces where gig workers may seek clarifications under the provisions of this Act.

s) The worker shall have the option of communicating with the point of contact in Hindi, English or any other language listed in the Eighth Schedule of the Constitution known to the gig worker.

t) The contact information of the point of contact shall be provided on the respective gig workers’ accounts on the platform application.

Provided that nothing in this Act shall affect any benefit or protection accorded to platform based gig workers under any other law for the time being in force Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024 CHAPTER-VI Grievances, Appeals and Recovery of Welfare cess

17. GrievancesRedressal Mechanism for Platform Based Gig Workers:-

a) A Platform Based Gig Worker registered under this Act may file a petition in person, before an officer, to be designated by the State Government or make a petition on through web portal, in relation to any grievance arising out of entitlements, payments, and other benefits provided under the Act; Provided that the link to such web portal shall be provided on the platform application of every aggregator registered under this Act

b) The procedure, for the disposal of petition filed under sub-section (1), shall be such, as may be prescribed.

c) The officer so authorized under sub-section (1), upon inquiries, dispose the said petition by passing an order of redressal and may also issue a direction to the aggregator or primary employer, as the case may be, for payment of appropriate compensation.

d) An appeal against the order under sub-section (3) shall lie within ninety days from the date of order before the Appellate Authority; Provided that the Appellate Authority may admit the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

e) The Appellate Authority shall dispose of the appeal in accordance with the procedure as may be prescribed.

18. Resolution of disputes against aggregator:-

a) Every aggregator, with more than 50 platform workers registered on their platform, shall constitute an Internal Dispute Resolution Committee for the resolution of disputes listed in Schedule II, as may be amended by the State Government from time to time.

b) The composition and procedures of the Internal Dispute Resolution Committee shall be as prescribed by the State Government.

c) The Internal Dispute Resolution Committee shall complete its proceedings within thirty days on receipt of a written complaint by or on behalf of the aggrieved party.

d) Provided that either parties may take up the process of arbitration to resolve the dispute among themselves.

e) Notwithstanding anything contained in this section, the gig worker may seek resolution of his disputes through the mechanism under the Industrial Disputes Act, 1947.

19. Recovery of welfare cess:- Any amount of welfare cessand or Intrestdue under this Act from an aggregator may be recovered in the same manner as an arrear of land revenue, as may be prescribed.

CHAPTER-VII Intrest, Offences & Penalties

20. IntrestPayble on delay in payment of Welfare Fee :If any aggregator fails to pay any amount of fee payable under section 14 within the time as may be prescribed, such aggregator shall be liable to pay simple interest, on the fee due to be paid at the rate of twelve percent per annum from the date on which such payment is due till such amount is actually paid.

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

21. General penalty for offences:

 Save as otherwise expressly provided in this Act, if in, or in respect of, any aggregator, there is any contravention of the provisions of this Act or regulations or rules, or any of standards, made thereunder or of any order in writing given under this Act or such regulations or rules or standards, the employer or the aggregator shall be liable to penalty which shall not be less than, Fifty thousand rupees but which may extend to five lakh rupees. and if the contravention is continued after the conviction, then, with further penalty which may extend to five thousand rupees for each day till such contravention continues.

22. Offences by companies:-  Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

 Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, company secretary or other officer of the company, such director, manager, company secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation – For the purposes of this section,

a) "company" means any body corporate and includes a firm or other association of individuals; and

b) "director" means,  in relation to a firm, a partner thereof; or  In case of association of individuals other than specified in sub-clause (ii), any of its members.

23. Cognizance of offences:- No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

24. Compounding of offences:-  Any offence punishable under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty percent by such officer or authority as the State Government may, by notification in the Official Gazette, specify in this behalf:

Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:

Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:

Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024  Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged.

CHAPTER-VIII Tracking and Monitoring

25. Central Transaction Information and Management System.-  All payments generated on platforms will be mapped on to a Central Transaction Information and Management System (CTIMS) administered and monitored by the Board.

 Every payment including its break up of commission charged, payment made to Platform Based Gig Workers, Goods and Services Tax (GST) deducted and welfare cess deducted will be recorded on the Central Transaction Information and Management System (CTIMS) for each transaction related to Platform Based Gig Worker. The formats of payment shall be such as may be prescribed.

 The details of welfare cess collected and spent at the Platform Based Gig Workers level shall be disclosed and made available for inspection on the Central Transaction Information and Management System (CTIMS).

CHAPTER-IX Miscellaneous

26. Annual Report. - (1) The Board shall prepare every year a report of its activities under this Act during the year and submit the report to the State Government.

(2) The State Government shall, as soon as may be after the receipt of report under sub- section (1), cause the same to be laid before the House of the State Legislature.

(3) Act to be in addition to any other law.- The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force except to the extent the provisions of other laws are inconsistent with the provisions of this Act.

27. Protection of action taken in good faith.-  No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.

 No prosecution or other legal proceeding shall lie against the Government, any Board or committee constituted under this Act or any member of such Board or any officer or employee of the Government or the Board or any other person authorized by the Government or any Board or committee, for any damage caused or likely to be caused by anything which is done in good faith or intended to be done in pursuance of this Act or any rule or order made or issued there under.

28. Power to make regulations.- The Board may, with the prior approval of the State Government, make such regulations consistent with the provisions of this Act and the rules made thereunder, as are necessary for the exercise of its powers and the discharge of functions under this Act.

Jharkhand Gazette (Extraordinary), Monday, 1st July, 2024

29. Power to make rules.-  The State Government may make rules for carrying out the purpose of this Act.

 Every rule made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or of the sessions immediately following, the House of the State Legislature makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done there under.

 Every rule made under this Act shall be published in the Official Gazette.

30. Power to amend Schedule.-The State Government may, by notification in the Official Gazette include in the Schedule any services provided by aggregators and primary employers in respect of which it considers necessary to apply the provisions of this Act and upon the publication in the Official Gazette the Schedule shall be deemed to have been amended accordingly.

31. Power to remove difficulties.-  If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may be necessary or expedient for removing the difficulty; Provided that no order under this section shall be made after expiry of three years from the date of commencement of this Act.

 Every order made under this section shall, as soon as may be after it is so made, be laid before the House of State Legislature.

SCHEDULE [See section 1(4) (ii)] Services provided by aggregators 1.

Ride sharing services.

2. Food and grocery delivery services.

3. Logistics services.

4. e-Market place (both market place and inventory model) for wholesale/retail sale of goods and/or services Business to Business /Business to Consumer (B2B/B2C).

5. Professional services provider.

6. Healthcare.

7. Travel and hospitality.

8. Content and media services.

---------- Printed & Published by the Superintendent of Jharkhand Government Press, Doranda, Ranchi.

Jharkhand Gazette (Extraordinary) 430 -- 50.