मध्यप्रदेश राजपत्र
(असाधारण) प्राधिकार से प्रकाशित
क्रमांक 494]
भोपाल, गुरुवार, दिनांक 24 दिसम्बर 2020-पौष 3, शक 1942
श्रम विभाग
मंत्रालय, वल्लभ भवन, भोपाल भोपाल, दिनांक 23 दिसम्बर 2020
No.1227-1893-2019-A-XVI.- The following draft of rules, which the State Government proposes to make in exercise of the powers conferred under section 67 of the Code on Wages, 2019 and in supersession of the Minimum wages (The Madhya Pradesh) Rules, 1958 and the Madhya Pradesh payment of wages Rules, 1962 are hereby, being previously published as required by sub-section (1) of said section 67, for the information of all persons likely to be affected thereby and the notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of forty five days from the date of publication of this notice in the official Gazette.
Objection and suggestions, if any, received at Deputy Secretary to the Government of Madhya Pradesh, Department of Labour, Mantralaya Vallabh Bhawan Bhopal or Labour Commissioner, Government of Madhya Pradesh, 518, New Moti Bunglow, MG Road, Indore 452007; or by email to dslabourmp@mp.gov.in, or lempenf@mp.gov.in from any person with respect to the said draft of rules before expiry of the period specified above, will be considered by the State Government, namely:
DRAFT OF RULES
CHAPTER I PRELIMINARY
1- Short title, extent and commencement.
(1) These rules may be called the Madhya Pradesh Code on Wages Rules, 2020.
(2) They shall extend to the whole State of Madhya Pradesh.
(3) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
(1) In these rules, unless the subject or context otherwise requires, -
(a) “Appeal” means an appeal preferred under sub section (1) of section 49;
(b) “Appellate authority means the appellate authority appointed by the Government under sub-section (1) of section 49;
(c) "authority" means the authority appointed by the Government under sub-section (1) of section 45;
(d) “Board” means the Madhya Pradesh State Advisory Board constituted by the State Government under sub-section (1) of section 42;
(e)"Chairperson" means the chairperson of the Board;
(f) "Code" means the Code on Wages, 2019 (29 of 2019);
(g) "committee” means a committee appointed by the Madhya Pradesh State Government under clause
(a) of sub-section (1) of section 8; (h) "day" means a period of 24 hours beginning at mid
night;
(i) “Form” means a form appended to these rules;
(j) "Government" means the Government of Madhya Pradesh;
(k) "highly skilled occupation" means an occupation which calls in its performance a specific level of perfection and required competence acquired In through intensive technical or professional training or practical occupational experience for a considerable period and also requires of an employee to assume full responsibility for his judgement or decision involved in the execution of such occupation;
(l) "Inspector-cum-Facilitator” means a person appointed by the State Government, by notification under sub-section (1) of section 51;
(m) “member" means a member of the Board and includes its Chairperson;
(n) “metropolitan city” means a compact area having a population of forty lakhs or more comprised in one or more districts;
(o) “non-metropolitan city” means a compact area having a population of more than ten lakhs but less than forty lakhs, comprised in one or more districts;
(p) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published;
(q) "registered trade union" means a trade union registered under The Trade Unions Act, 1926 (16 of 1926);
(r) “rural area” means the area which is not the metropolitan or non-metropolitan area;
(s) "Schedule” means the schedule to these rules;
(t) "section" means a section of the Code;
(u) “semi-skilled occupation" means an occupation which in its performance requires the application of skill gained by the experience on job which is capable of being applied under the supervision or guidance of a skilled employee and includes supervision over the unskilled occupation;
(v) "skilled occupation" means an occupation which
involves skill and competence in its performance through experience on the job or through training as an apprentice in a technical or vocational institute and the performance of which calls for initiating and judgement;
(w)"unskilled occupation" means an occupation which in its performance requires the application of simply the operating experience and involves no further skills; all other words and expressions used herein in these rules and not defined shall have the same meanings respectively assigned to them under the Code.
CHAPTER II Minimum. Wages
3. Manner of calculating the minimum rate of wages.
(1) For the purposes of sub-section (5) of section 6, the minimum rate of wages shall be fixed on the basis of floor wages fix by the central government under sub section (1) of Section 9.
(2)When the rate of wages for a day is fixed, then, such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty six for fixing the rate of wages for a month and in such division and multiplication the factors of one-half and more than one half shall be rounded as next figure and the factors less than one-half shall be ignored.
4. Norms for fixation of minimum rate of wages.
(1) While fixing the minimum rate of wages under section 6, the
The State Government shall divide the concerned geographical area into three categories, that is to say the metropolitan area, non-metropolitan area and the rural area. The State Government shall constitute a technical committee for the purpose of advising the State Government in respect of skill categorization, which
shall consist of the following members, namely:
(i). Labour Commissioner ...................... Chairperson;
(ii) Additional Labour Commissioner, Government of Madhya Pradesh. ............... member;
(iii) a representative from the Government of Madhya Pradesh, dealing with skill development;
(iv) two technical experts in wage determination as nominated by the Government... .........member; and
(v) the Deputy Labour Commissioner Assistant Labour Commissioner, Department of Labour, Government of Madhya Pradesh, Member Secretary of such technical committee.
(3) The State Government shall, on the advice of the technical committee referred to in sub-rule (2), categorize the occupations of the employees into four categories that is to say unskilled, semiskilled, skilled and highly skilled by modifying, deleting or adding any entry in the
categorization of such occupations specified in Schedule-E.
5. Time Interval for revision of dearness allowance.
Endeavour shall be made so that the cost of living allowance and the cash value of the concession in respect of essential commodities at concession rate shall be computed once before 1st April and 1st October in every year to revise the dearness allowance payable to the employees on the minimum wages.
6. Number of Hours of work which shall constitute a normal working day.
(1) The normal working day under clause (a) of sub section (1) of section 13 shall be comprised of eight hours of work and one or more intervals of rest which in total shall not exceed one hour.
(2) The working day of an employee shall be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on any day.
(3) The provisions of sub-rules (1) and (2) shall, in the case of an employee employed in agricultural employment, be subject to such modifications as may, from time to time, be determined by the State Government.
(4) Nothing in this rule shall be deemed to affect the provisions of the Code on Occupational Safety, Health and Working Conditions 2020.
7. Circumstances in which an employee shall not be entitled to receive wages for a full normal working day.
A person employed for a period of less than the requisite number of hours constituting normal working day, shall not be entitled to receive wages for a full normal working day to the extent to which he has remained himself absent during the normal working hours.
8. Weekly day of rest.
(1) Subject to the provisions of this rule, an employee shall be allowed a day of rest every week (hereinafter referred to as "the rest day") which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees:
Provided that an employee shall be entitled for the rest day under this sub-rule if he has worked under the same employer for a continuous period of not less than six days:
Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector-cum Facilitator in this behalf.
Explanation. For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule, any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work, a day on which an employee is laid off on payment of compensation under the Industrial Relation Code, 2020 and any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day, shall be deemed to be days on which the employee has worked.
(2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day:
Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.
(3) Where in accordance with the foregoing provisions of this
rule, any employee works on arest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs. An employee shall be granted
(a) for rest day wages calculated at the rate applicable to the next preceding day; and
(b) where he works on the rest day and has been given a substituted rest day, then, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:
Provided that where
(i) the minimum rate of wages of the employee as notified under the Code has been worked out by dividing the minimum monthly rate of wages by twenty-six; or
(ii) the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, then no wages for the rest day shall be
payable; and
(ii) the employee works on the rest day and has been given a substituted rest day, then, he shall be paid, only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate and, if any dispute arises whether the daily rate of wages has been worked out in accordance with the provisions of this proviso, the Labour Commissioner or the Additional Labour Commissioner may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations:
Provided further that in case of an employee governed by a piece-rate system, the wages for the rest day, or the substituted rest day, as the case may be, shall be such as the State Government may, from time to time determine having regard to the minimum rate of wages fixed under the Code, in respect of the employment.
Explanation.- In this sub-rule 'next preceding day means the last day on which the employee has worked... which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day.
The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be, entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to more favourable terms aforesaid.
Explanation.-
For the purposes of this rule, week'shall means a period of seven days beginning at midnight on Saturday night.
9. Night shifts.-
Where an employee in an employment works on a shift which extends beyond midnight, then, - (a) a rest day for the whole day for the purposes of rule 7 shall, in this case means a period of twenty-four consecutive hours beginning from the time when his shift ends; and
(b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work shall be counted towards the previous day.
10. The extent and conditions for the purposes of sub-section (2) of section 13.-
In case of employees
(a) engaged in any emergency which could not have been foreseen or prevented;
(b) engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;
(c) whose employment is essentially intermittent;
(d) engaged in any work which for technical reasons has to be completed before the duty is over; and
(e) engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces; the provisions of rules 6, 7 and 8 shall apply subject to the condition that - © the spread over of the hours of work of the employee shall not exceed 16 hours in any day; and
(ii) the actual hours of work excluding the intervals of rest and the periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attendance shall not exceed 9 hours in any day.
11. Circumstances under clause (ü) of the proviso to section 10. An employee shall not be entitled to receive wages for a full normal working day under section 10, if he is not entitled to receive such wage under any other law for the time being
in force.
12. Longer wage period.- The longer wage period for the purposes of minimum rate of wages under section 14 shall be by the month.
CHAPTER III Payment of Wages
13. Recovery under sub-section (4) of section 18.-
Where the total deductions authorized under sub-section (2) of section 18 exceed fifty percent of the wages of an employee, the excess shall be carried forward and recovered from the wages of succeeding wage period or wage periods, as the case may be, in such instalments so that the recovery in any month shall not exceed the fifty per cent of the wages of the employee in that month.
14. The authority under sub-section (1) of section 19.- The Labour Officer or Assistant Labour Commissioner shall be the authority for the purposes of sub-section (1) of section 19.
15. The manner of exhibiting the notice under sub-section (2) of section 19.- A notice referred to in sub-section (2) of section 19 shall be displayed at the conspicuous place in the premises of the work place in which the employment is carried on, so that every concerned employee would be able to easily read the contents of the notice and a copy of the notice shall be sent to the Inspector-cum- Facilitator having jurisdiction.
The procedure under sub-section (3) of section 19.- The employer shall give an intimation in writing specifying therein the detailed particulars for obtaining the approval of the imposition of fine to the Labour Officer or Assistant Labour Commissioner referred to in rule 12 who shall, before granting or refusing the approval, give opportunity of being heard to the employee and the employer concerned.
17. Intimation of deduction.
(1) Where an employer makes any deduction in pursuance of
the proviso to sub-section (2) of section 20, he shall make intimation of such deduction to the Inspector- cum Facilitator having jurisdiction within 10 days from the date of such deduction explaining therein the reason of such deduction.
(2) The Inspector-cum-Facilitator shall, after receiving intimation under sub-rule (1), examine such intimation and if he finds that the explanation given therein is in contravention of any provision of the Code or the rules made there under, he shall initiate appropriate action under the Code against the employer.
18. Procedure for deduction under sub-section (2) of section 21.
Any employer desiring to make deduction for damages or loss under sub-section (1) of section 21 from the wages of an employee shall, (1) explain to the employee personally and also in writing the damage or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account and how such damages or loss is directly attributable to the neglect or default of the employee; and Thereafter, give the employee an opportunity to offer any explanation and deduction for any damages or loss, if made, shall be intimated to the employee within fifteen days from the date of such deduction.
19. Conditions regarding recovery of advance under section 23. The recovery, as the case may be of,-.
(i) advances of money given to an employee after the employment begins under clause (b) of section 23; or
(ii) advances of wages. to an employee not already earned under clause (c) of section 23 shall be made by the employer from the wages of the concerned employee in: - instalments determined by the employer, so as any or all instalments in a wage period shall not exceed fifty percent of the wages of the employee in that wage period and the particulars of such recovery shall be recorded in the register maintained in Form-I.
20. Deduction under section 24.-
Deductions for recovery of loans granted for house building or other purposes approved by the State Government, and the interest due in respect thereof shall be, subject to any direction made or circular issued by the State Government from time to time regulating the extent to which such loans may be granted and the rate of interest shall be payable thereon.
CHAPTER IV Payment of Bonus
21. Calculation of set on or set off for the sixth accounting year. For the sixth accounting year, set on or set off, as the case may be, shall be made under clause () of sub section (7) of section 26 , in the manner illustrated in Schedule A, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth account years.
22. Calculation of set on or set off for the seventh accounting year
For the seventh accounting year, set on or set off, as the case may be, shall be made by the State Government under clause (ii) of sub-section (7) of section 26, in the manner illustrated in Schedule Ą, taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh account years.
23. Computation of gross profits under clause (a) of section 32
The gross profits derived by an employer from an establishment in respect of the accounting year shall in the case of banking company, be calculated in the manner
specified in Schedule B.
24. Computation of gross profits under clause (b) of section 32
The gross profits derived by an employer from an establishment in respect of the accounting year in a case. other than banking company, be calculated in the manner
specified in Schedule C.
25. Deduction of further sums under clause (c) of section 34
The further sums as are specified in respect of the employer in Schedule D shall be deducted from the gross profit as prior charges under clause (c) of section 34.
26. Manner of carrying forward under sub-section (1) of section 36
Where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 26, then, the excess shall, subject to a limit of twenty percent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in such manner illustrated in Schedule A.
27. Manner of carrying forward under sub-section (2) of section 36
Where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 26, and there is no amount or sufficient amount carried forward and set on under rule 24 which could be utilized for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in such manner illustrated in Schedule A.
CHAPTER V State Advisory Board
A. The procedure of State Advisory Board under sub-section (10) of section 42
28. Constitution of the Board.
(1) The Board shall consist of the persons to be nominated by the State Government representing employers and employees as specified in clauses (a) and (b) of sub section (6) of section 42 and the independent persons as specified in clauses (c) of that sub-section. (2) The persons representing employers as referred to in clause (a) of sub-section (6) of section 42 shall be six and the persons representing employees referred to in clause (b) of that subsection shall also be six out of which at least one member representative of employer and employee shall be a woman. The independent persons specified in clause (c) of sub section (1) of section 42 to be nominated by the State Government shall consist of the following, namely:
(i) the Chairperson;
(ii) One Member of State Legislative Assembly ;
(iii) Two members each of whom, shall be a professional in the field of wages and labour related issues; one member who is or has been a presiding officer of Labour Court or an Industrial Tribunal constituted by the State Government under section 7A of the Industrial Disputes Act, 1947 (14 of 1947);
(iv) and two members, each of whom shall be a representative of two works departments of the state, not below the rank of deputy secretary of the state government.
29. Additional function of the Board
In addition to the functions specified in sub-section (4) of section 42, the Board on reference by the State Government advise that Government on the issue relating to the fixation of minimum wages in respect of
(i)working journalists.as defined in clause (1) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955(45 of 1955); and
(ii) sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).
30. Meeting of the Board
The Chairperson may, subject to the provision of rule 32, call a meeting of the Board, at any time he thinks fit:
Provided that on requisition in writing from not less than one half of the members, the Chairperson shall call a meeting within thirty days from the date of the receipt of such requisition.
31. Notice of meetings
The Chairperson shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars, along with a list of business to be conducted at the meeting shall be sent to each member by registered post and electronically at least fifteen days before the date fixed for such meeting:
Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.
32. Function of Chairperson
The Chairperson shall
(i) preside at the meetings of the Board:
(ii)Provided that in the absence of the Chairperson at any meeting, the members shall elect from amongst themselves by a majority of votes, a member who shall preside at such meeting;
decide agenda of each meeting of the Board;
(iii) where in the meeting of the Board, if any issue has to be decided by voting, conduct the voting and count or cause to be counted the secret voting in the meeting.
33. Quorum
No business shall be transacted at any meeting unless at least one-third of the members and at least one representative member each of both the employers and an employee are present:
Provided that, if at any meeting less than one-third of the members are present, the Chairperson may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present:
Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members electronically or by a Registered post. Disposal of business of the Board.- All business of the Board shall be considered at a meeting of the Board, and shall be decided by a majority of the votes of members present and voting and in the event of an equality of votes, the
35. Chairperson shall have a casting vote:
Provided that the Chairperson may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members:
Provided further that no decision on any matter under the preceding proviso shall be taken, unless supported by not less than two-thirds majority of the members. Method of voting.- Voting in the Board shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairperson so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairperson may decide.
36. Proceedings of the meetings.
(1) The proceedings of each meeting of the Board showing inter
alia the names of the members present there shall be forwarded to each member and to the Government as soon after the meeting as possible, and in any case, not less than seven days before the next meeting.
(2) The proceedings of each meeting of the Board shall be confirmed with such modification, if any, as may be considered necessary at the next meeting.
37. Summoning of witnesses and production of documents.
(1) The Chairperson may summon any person to appear as a
witness if required in the course of the discharge of his duty and require any person to produce any document. Every person who is summoned and appears as a witness before the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing before a civil court.
38. Appointment of the committees -
The State Government may constitute as many committees under clause (a) of sub-section (1) of section 8 as it considers necessary for the purposes specified in that clause.
B. The Terms of office of members of the Board under sub-section (1) of section 42
39. Term of office of members of the Board -
(1) The term of office of the chairperson or a member, as the case may be, shall be normally two years commencing from the date of his appointment or nomination under sub section (1) of section 42:
Provided that such chairperson or a member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is appointed or nominated. An independent member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated. The official members of the Board shall hold office till they are replaced by respective such other official members. Notwithstanding anything contained in sub rule (1),(2),(4) and (3) the members of the Board shall hold office during the pleasure of the State Government.
40. Travelling allowance.-
The chairman and every member of the Board, shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties as such member at the rates and subject to the conditions applicable to a class I officer of the State Government. Officers and Staff.- The State Government may provide a Secretary not below the rank of Assistant Labour Commissioner to the Government of Madhya Pradesh, other officers and staff to the Board, as it may think necessary for the function of the Board.
42. Eligibility for re-nomination of the members of the Board.
An outgoing member shall be eligible for re-nomination for the membership of the Board for not more than total two terms.
43. Resignation of the Chairperson and other members of the Board.
(1) A member of the Board, other than the Chairperson, may, by giving notice in writing to the Chairperson, resign his membership and the Chairperson may resign by a letter addressed to the State Government.
(2) A resignation shall take effect from the date of communication of its acceptance or on the expiry of 30 days from the date of resignation, whichever is earlier.
(3). When a vacancy occurs or is likely to occur in the membership of the Board, the Chairperson shall submit a report to the State Government immediately and the State Government shall, then, take steps to fill the vacancy in accordance with the provisions of the Code.
44. Cessation of membership.-
If a member of the Board, fails to attend three consecutive meetings without prior intimation to the Chairperson , he shall, cease to be a member thereof.
45. Disqualification.
A person shall be disqualified for being nominated as and for being a member of the Board
(i) if he is declared to be of unsound mind by a competent authority; or
(ii) if he is an undischarged insolvent; or
(iii) if before or after the commencement of the Code, he has been convicted of an offence involving moral turpitude.
If any question arises whether a disqualification has been incurred under sub-rule (1), the decision of the State Government thereon shall be final.
CHAPTER VI PAYMENT OF DUES, CLAIMS, Etc.
46. Payment under clause (a) of sub-section (1) of section : 44.
Where any amount payable to an employee under the Code is due after his death or on account of his whereabouts not being known, and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with the Labour Officer or Assistant Labour Commissioner having jurisdiction, who shall disburse the amount to the person nominated by the employee after ascertaining his identity within two months of the date on which the amount was so deposited with him.
47. Deposit of the undisbursed dues under clause (b) of sub section (1) of section 44.
(1) Where any amount payable to an employee under this Code remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of six months from the date the amount had become payable, all such amounts shall be deposited by the employer with the Labour Officer having jurisdiction before the expiry of the fifteenth day after the last day of the said period of six months.
(2) The amount referred to in sub-rule (1) shall be deposited by the employer with the Labour Officer having jurisdiction through bank transfer or through a crossed demand draft obtained from any scheduled bank in India drawn in favour of such Labour Officer.
48. Manner of dealing with the undisbursed dues under clause (b) of sub-section (1) of section 44
(1) The amount referred to in sub rule (1) of rule 47 (hereinafter in this rule referred to as the amount) deposited with the Labour Officer having jurisdiction shall remain with him and be invested in the Central or State Government Securities or deposited as a fixed deposit in a scheduled bank
(2)The Labour Officer having jurisdiction will exhibit, as soon as maybe possible, a notice containing such particulars regarding the amount as the Labour Officer considers sufficient for information at least for fifteen days on the notice board and also publish such notice in any two newspapers being circulated in the language commonly understood in the area in which undisbursed wages were earned.
(3) Subject to the provision of sub-rule (4), the Labour Officer having jurisdiction shall release the amount to the nominee or to that person who has claimed such amount as the case may be, in whose favour such Labour Officer has decided, after giving the opportunity of being heard, the amount to be paid.
(4) If the undisbursed amount remains unclaimed for a period of three years, the same shall be dealt with in the manner as directed by the State Government from time to time in this behalf.
CHAPTER VII THE FORM, REGISTER AND WAGE SLIP
49. The form of a single application
A single application, may be filed under sub-section (5) of section 45 in Form-II along with documents specified in such Form.
50. Appeal.
Any person aggrieved by an order passed by the authority under sub-section (2) of section 45 may prefer an appeal under sub-section (1) of section 49 in Form III, along with documents specified in such Form, to the appellate authority having jurisdiction. 51. Form of register, etc.
(1) All fines and all realization thereof referred to in sub section (8) of section 19 shall be recorded in a register to be kept by the employer in Form - I appended to these rules, electronically or otherwise and the authority referred to in said sub-section (8) shall be the Labour Officer having jurisdiction.
(2) All deductions and all realization referred to in sub section (3) of section 21 shall be recorded in a register to be kept by the employer in Form- I appended to these rules, electronically or otherwise.
(3) Every employer of an establishment to which the Code applies shall maintain a register under sub-section (1) ofsection 50 in Form I & IV, electronically or otherwise. 52. Wage slip.- Every employer shall issue wage slips, electronically or otherwise to the employees in Form Vunder sub-section (3) of section 50 on or before payment of wages. Power of Inspector-cum-Facilitators -
In addition to the powers specified in sub - section (5) of Section 51 of the Code, an Inspector shall, for the purposes of the enforcement of the Code, have powers, subject to the provisions of the Code, to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Code or in a discharge of his duties as an Inspector and secure such evidence as may be necessary for the purpose. Manner of holding enquiry under sub-section (1) of section 53.
(1). When a complaint is filed before the officer appointed under sub-section (1) of section 53 (hereinafter in this -- rule referred to as the officer) in respect of the offences referred to in' said sub-section either by an officer authorized for such purpose by the State Government or by an employee aggrieved or a registered trade union registered under the Trade Unions Act, 1926 or an Inspector-cum-Facilitator; the officer shall after considering such evidences as produced before him by the complainant, is of the opinion that an offence has been committed issue summons to the offender on the address specified in the complaint fixing a date for his appearance.
(2) If the offender to whom the summons has been issued under sub rule (1) appears or is produced before the officer, he shall explain the offender the offence complained against him and if the offender pleads guilty, the officer shall impose penalty on him in accordance with the provisions of the Code and when the offender does not plead guilty, the officer shall take evidence of the witnesses produced by the complainant on oath and provide opportunity of cross examination of the witnesses so produced . The officer shall record the statement of the witnesses on oath and in cross examination in writing and take the documentary evidence on record. The officer shall, after the complainant's evidence is complete, provide opportunity of defence to the accused person and the witnesses produced by the accused shall be cross examined after their statements on oath by the complainant and documentary evidence in defence shall be taken on record by the officer.
(4) The officer shall after hearing the parties and considering the evidences both oral and documentary decide the complaint in accordance with the provisions of the Code. 55. The manner of imposing fine under sub-section (1) of section 56.
(1) An accused person desirous of making composition of offence under sub-section (1) of section 56 may make an application in Form VI to the Gazetted Officer notified under said sub-section (1). ..
(2) The Gazetted Officer referred to in sub-rule (1), shall, on receipt of such application, satisfy himself as to whether the offence is compoundable or not under the Code and if the offence is compoundable and the accused person agrees for the composition, compromise the offence for a sum of fifty per cent of the maximum fine provided for such offence under the Code, to be paid by the accused within the time specified in the order of composition issued by such officer Where the offence has been compromised under sub-rule. (2) after the institution of the prosecution, then, the officer shall send a copy of such order made by him for intimation to the officer referred to in sub-section (1) of section 53for needful action under sub-section (6) of section 56
CHAPTER VIII MISCELLANEOUS
56. Timely Payment of Wages.-
Where the employees are employed in an establishment through contractor, then, the company or firm or association of any other person who is the proprietor of the establishment shall pay to the contractor the amount Payble to him or it, as the case may be, before the date of payment of wages so that payment of wages to the employees shall be made positively in accordance with the provisions of Section 17.
Explanation. For the purpose of this rule, the expression "firm” shall have the same meaning as assigned to it in the Indian Partnership Act, 1932 (9 of 1932).
57. Responsibility for payment of minimum bonus
Where in an establishment, the employees are employed through contractor and the contractor fails to pay minimum bonus to them under section 26, then, the company or firm or association or other person as referred to in the proviso to section 43 shall, on the written information of such failure, given by the employees or any registered trade union or unions of which the employees are members and on confirming such failure, pay such minimum bonus to the employees.
58. Inspection scheme.
(1) For the purposes of the Code and these rules, there shall be formulated an inspection scheme by the Labour Commissioner. (2) In the inspection scheme referred to in sub-rule (1), apart from other structural facts, à number shall be specified in the scheme for each Inspector-cum-Facilitators and establishments.
