HUMAN RESOURCES DEVELOPMENT

(REGISTRATION OF EMPLOYERS)

REGULATIONS, 1992*

IN exercise of the powers conferred by section 27 of the Human Resources
Development Act 1992, the Minister makes the following regulations:

1. Citation and commencement.

These Regulations may be cited as the Human Resources Development
(Registration of Employers) Regulations 1992 and shall come into force on
the 1st November 1992.

2. Interpretation.

(1) In these Regulations, unless the context otherwise requires—

"Act" means the Human Resources Development Act 1992;

"Director-General" means the Director-General appointed under section 20
of the Act;

"Employer's Code Number" means the registration number alloted by the
Council to an employer under regulation 5 for the purposes of the Act and these
Regulations;

"industry" means an industry under the First Schedule to the Act.

(2) A reference in these Regulations to any prescribed form followed by
a code number or index letter shall be deemed to be a reference to the appropriate
form specified in the Schedule to these Regulations.

3. Responsibilities of the Director-General.

The Director-General shall be responsible for the execution of any speci-
fication, prescription, provision, decision or determination or such other act made
or done by the Council in pursuance of its. functions and powers under the Act
and these Regulations.

4. Registration of employers.

(1) An employer to whom the Act applies on the date of coming into force
of these Regulations shall submit the Registration of Employer Form in Form
1, to the Council, not later than 30 days after the date of coming into force
of these Regulations.

(2) An employer to whom the Act applies after the date of coming into
force of these Regulations shall submit Form 1, to the Council, not later than
30 days after the date the Act becomes applicable to him:

Provided that the Council may in any case or class of cases grant such
further time as it thinks fit for submission of Form 1.

5. Employer's Code Number.

(1) The Council shall promptly allot a code number to be known as the
"Employer's Code Number" to an employer in respect of whom Form 1 is
received if it is satisfied that the employer is one to whom the Act applies.


(2) The Employer's Code Number shall be communicated to the employer
who shall enter it on all documents prepared or completed by him in connection
with the Act and these Regulations and in all correspondence with the Council.

6. Notification of changes.

Every employer shall submit to the Council, in the Notification of Changes
Form in Form 2, any change in any of the particulars furnished in Form 1 not
later than 30 days after the date of occurrence of such change.

7. Payment of levy.

(1) An employer who is liable to pay the human resources development
levy in respect of each of his employee shall pay those levies for the first and
subsequent months' wages commencing from the date the employer becomes
liable.

(2) For the purposes of section 3(3) of the Act a receipt issued by an officer
authorised in writing by the Council shall be prima facie evidence of the levy
having been paid.

8. Time for payment of levy.

(1) All payments of the levy shall be made by the employer not later than
the last day of the month immediately following the month in respect of which
those payments fall due.

(2) An employer shall pay each monthly levy accompanied by a voucher
in Form 3A. Payment of any levy less than the total amount due from the employer
shall be accompanied by a voucher in Form 3B.

9. Refund of levy erroneously paid.

Where any payment of the levy made to the Council has been erroneously
paid, by an employer or in respect of an employee for which the employer was
not liable for, or where any levy paid to the Council exceeds, owing to an error,
the amount due from the employer, the Council shall on being satisfied that
such levy or excess was erroneously paid refund the same without interest to
the employer.

10. Other modes of payment.

Subject to the directions of the Minister, the Council may, if it thinks fit
and subject to such terms and conditions as it may impose, approve of any
arrangement, including payment in cash, whereby levies are paid at times or
in a manner other than those specified in these Regulations.

11. Cessation of being an employer.

For the purposes of section 4(3) of the Act, a person who ceases to be an
employer shall notify the Council of the cessation in the Cessation of Being
An Employer Form in Form 4 and submit the same to the Council within 30
days of such cessation.

12. Change of employer.

Where an employer acquires the interests of another employer as specified
in section 6(2) of the Act, the first-mentioned employer shall notify the Council
of the change of employer in the Change of Employer Form in Form 5 and
submit the same to the Council within 30 days of such change.