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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SUNDAY, AUGUST 28, 1949

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

NOTIFICATION

New Delhi, the, 28th August 1949

No. F. 15(42)-P/49.—Jn exercise of the powers conferred by section 5 of the Industrial Tribunals Payment of Bonus (National Savings Certificates) Ordinance, 1949 (XI of 1949), the Central Government is pleased to direct that the following amendments shall be made in the Industrial Tribunals Pay- ment of Bonus) (National Savings Certificates) Rules, 1949. namely: —

1. For rule 1, the following rule shall be substituted, namely—

" 1. Short title and application.—(1) These rules may be called the Bombay Industrial Court Payment of Bonus (National Savings Certificates) Rules, 1949.

(2) They apply to cases under section 3 of the Industrial Tribunals Payment of Bonus (National Savings, Certificates) Ordinance, 1949."

2. In rule 2 —

(a) for clause (d) the following clause shall be substituted, namely:—

" (d) 'factory' means any place of employment";

(b) after clause (i), the following clause shall be inserted, namely:—

"(ii) 'series' means any of the five-year, seven-year or twelve-year series of Post Office National Savings Certificates."

3. For rule 5, the following rule shall be substituted, namely:—

" 5. The amount shall be paid in certificates of the highest possible denomination or denominations and any fraction of rupees five which remains thereafter shall be paid in cash to the employee."

4. For rule 8, the following rule shall be substituted, namely:—

" 8. N.C. 1 Forms.—The employer shall not later than five days after the date of the payment of bonus, present at the post office the N.C, 1 Forma duly filled in by or on behalf of each employee, and signed by him, for the appropriate amount and such of the series as may be desired by him."

( 1467 )

5. hi iule 18, for the words "Such dote OL dates of payment or its instalment" the following shall be substituted, namely:—

"Sach date or dates shall be not Inter thnn thirty days from the date of jeocipt in the Post Office of the i elective N.C. 1 Forms duly and properly filled iu."

6. In rule 14, for tho words "uuy person who can help in the identification of" the following hhal¹ be substituted, numelj •—-

"a person who shall identify".

7. For rule 16, the following rule shall be substituted, namely: —

(h) "register" me>in=i the register required to be maintained under rule Q;

(1) "Savings Certificate liulea" means the Post Office National E$avings Certificate Eules, 1944;

(j) "series" means any of the 5-}tar or 7-yeai or 12-jear series of National Havings Certificate';;

(k) all words and expLeshionB ubed but not defined in theae Rules and defined in the Ordinance or in the Industrial Di&putes Act, 1947 (XIV oi 1947), or in the Post Office National Savinga Certificate Rules, 1944, have the meanings assigned to them in the Ordinance or in tlie Industrial Disputes Act or in the Savings Certificate Rules as the case may be.

3. The Certificates purchased, or issued under these rules shall be governed, unless otherwise provided ior in these mles, by the Savings Certificate Rules.

4. Manner of Payment of Amount In Certificates The employer shall, not later than the date fixed Ior payment of the bomv, or instalment thereof,' pay into the post office the total ^amount of tho bonus ov instalment payable to all his (•mplo.yfoijJn National Raving Certificates Such payment shall be made by a erosPed Theque or draft payable to the postmaster "of the pofet office or his order.

6. The amount shall be paid hi Certificates oi the highest possbile dtnomi- nation or denominations and any fraction of Rs 5 which 'oninins theicafter shall bo paid in cash to the employoo.

fi. Register.—The employer pjjing bonus to his employees undtr the provisions of this Ordinance shall mamutin a record of such payment in the register of attendance and wages by adding therein the particulars specified in Schedule I in the columnar form shown therein.

7. It shall be the duty of the employer to see that the entries In the legistr-r ore correctly made.

8. N. 0, 1 Formfi.—The employer ahall, at least ten davs before the doto of payment of bonus, present at the Tost Office the N C 1 forms filled in by otf on bohalf of oach employee, and signed by him, for the appropriate nmount and tho series named in the award or, where no series is named in the award, such of tin series as may be desired by him,

9. Suoh forms shall bear the name of tho factory rubber-stamped at the top and bolow suoh name the word "Bonus" rubbor-stamped thereon. Tho post office shall at the request of the employer supply him with as many N.C 1 forms as may be required for the purpose.

10. Postal work at the factory.—The employer shall give all the necessaiy facilities to the post office, if they so desire, to station in the factory the postal officials for tho purposes of payment of bonus in the forms of Certificates.

11. Authorityj—The omployer shall fill in and givo to the employee on the day of payment aa authority to receive the amount to be given to him in the form of Certificates. Such authoritv shall be in the form speoified in Schedule II.

12 Preparation and Isaue of Certificates.—The Post Offioe shall prepare tho Certificates. Thesa shall be delivered to the employer by the post office within thirty days after the date of receipt in the post office of the respective N.C. 1 forms duly and properly filled in.

18. The employer shall deliver the Certificates to the employees on the promises of the factory. Within one day of the receipt of Certificates from the Poat Office the employer 8hall give two working days' ntoice to the employee of his intention to deliver the Certificates and shall immediately on the expiration of such notice begin delivering the Certificates to the employees.

14. EarJh employee shall at the time of receiving the Certificates return the authority duly discharged by endorsement to the employer flho Rhall deliver the Certificates to him.

15. Certificates not taken delivery of under Rule 18,—Such Certificates an have not been taken delivery of by the employee from the employer under mlo 13 above wit,hiu six inontJis oi tile aate ot payment shall be returned by the employer to the Post Office. On the employer returning such Certificates to the Post Oilice, the post office shall make a note to this effect against the employer's signature on the respective N. 0. 1 forms and also give a receipt to the employer,. They will bo kept in tlie Post Office where they will be available thereafter.

16. Auditors.-VThe registers and the authority shall be mdited by the auditors of tho employer or where there are no suoh auditors by the auditor appointed by thu Cental or the Provincial Government, us the MHB may be,

SCHEDULE I

T H E

Additional columns required under Rote 6

Employee B Usual columns in the Register

Date of delivery

Amount of

Amount of bonus payable

in cash

Amount payable in National Savings Certificates

fraction of Rs. 6 payable ia cash

G A Z E T T E

Date of delivery of authority to receive National Savings Certificate

of National Savings Certificates

O F

I t t

M A

E X T

t t

A O E D

I

N A E Y

,

A U G U S T

2 9

,

I

0 3 g

W

i \

S C H E D U LE II

(To be handed to the employee when distributing bonus.) AUTHORITY TQ BEOHUVH NATIONAL SAVINGS OHBTIBTOATB3 [ given by tho employer Jbo the employee under the"Industrial Tribunal Payment of Bonus (National Savings Certifloatos) Rules, 1949.1 Name of faotory

Nany> of poafc offioo.

Name of employee

Permanent/Probntionor/Badli/ Temporary

Ticket No

Department , ,

Shift

Present Address '

Amount to bo paid in National Sa, ings

Rs.

Certificates.

Date

(Signature of manager or other autho-

rised representative)

Employee's signature in tokon of reooipt

of National Savings Certificates.

Attestation by the employer, or autho- rised, representative if thumb impression.

Date Place Not&—Thia authority should be preserved by the employee and nhould be handed, over only on rooeipt of the above National Savings Certificates.

R. G. MUNDKUB,

Under Secretary,

P U B L I S H ED BY THE MANAOKR OF PUBLICATIONS, D E L H I, I N D IA PftlNlB* BY TfiH MANA01B, GOVEBNMINT 01 INDIA PBKBB, J| BW D B L H I, I " D I i.