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REGISTERED NO. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 118] NEW DELHI, MONDAY, APRIL 16, 1984/CHAITRA 27, 1906

Separate paging is given to this Part in order that it may be filed as a separate

compilation

74 GI/84

(1)

MINISTRY OF LABOUR & REHABILITATION

(Department of Labour)

NOTIFICATION

New Delhi, the 16th April, 1984

G.S.R. 286 (E):— Ihe following draft of certuin rules further to amend the Payment of Wages (Mines) Rulss 1956 herein- after reterred to as the said rules which the Central Govern- ment proposes to make in exercise of the powers conferred by sub-sectiona (2) and (3) of Section 26 read with section 24 of the Payment of Wages Act. 1936 (4 of 1936), is hereby published as required by sub-section (5) of section 26 of the (aid Act for information of all persons likely to be affected— thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of three months from the date of publication of this notification In the Oltkial Gazette.

2. Any objection or suggestion which may be received fioiu any person on the receipt of the said draft before the djte "0 specified will be considered by the Central Government.

DRAFT RULES

The Payment of Wages (Mines) Amendment Rules, 1983

1. These rules may be called the Payment of Wages (•Mines) Amendment Rules, 1983,

2. In uile 2 of the Payment of Wages (Mines) Rules, 1956,—

(.1) after clause (b). the following dnlise shall he n- sertcd, namely .—

ll(hb)" Cheif Labour Commissioner (Central) ''merns an officer appointed as such by the Central Government"¹,

After clause (g), the following dausc shall be "uscrled, namelv :•—

"(8B) "family" means,—

(i) in case of a male employed person, his wife, h\ chiidrrn. whethrr married or unmarried, hk de- pendent parents ,rind his deceased son\ widows" and children;

(11) In case of a female employed person, her huiband, her children, whether married or unmarried, her dependent parents, her husband's dependent parcnu and her deceased sons", widow and children".

3. After rule 2A, the following rules shall be inserted

namely :—

kl2B Nominations.—(1) In case an employed person is already in employment on the date of commencement of the Pajment of Wages (Mines) Amendment Rules, 1983 ordinarily within 60 days from such date, and in case an employed person has been employed after the date of commencement of the said rules, ordinarily within 30 days from the day he is em- ployed, shall nominate a person conferring on him the right to receive all amounts payable to him as wages if such amounts could not or cannot be paid on account of his death before the payment or on account of his whereabouts not being known. The nomination shall be in Form B and submitted in duplicate by the employed person by personal service, after taking pro- per receipt thereof or by sending through registered post with acknowledgement due to the employer.

Provided that nomination in Form B shall be accepted by the employer even after the expiry of the specified period, if iiled with reasonable grounds for delay and no nomination so accepted shall be invalid mainly because it was filed after the expiry of the specified period.

(2) Within 30 days of the receipt of the nominatipn in Form B under sub-rule (1), the employer shall get the service parti- culars of the employed person, as mentioned in the form of nomination, verified with reference to records of the mine and returned to the employed person, after obta-ning a receipt theieof, the duplicate copy of the nomination in Form B duly attested either by the employer or an officer authorised in this behalf by him, as a token of recording of the nomination by the employer and the other copy of (he nomination shall be recorded and filed in the manner prescribed in sub-iuIcU) of rule 2C.

(3) If an employed person has a family at the time of mak- ing a nomination, the nomination shall be in favour of a person belonging to his family. Any nomination made by such employed person in favour of a person not bclonRi'ng to his family, shall be void.

(4) If at the time of making a nomination, the employed person has no family, the nomination may be made in. favour of any person but as soon, as the employed person subsequen- tly acquires a family, such nomination shall forthwith he deem- ed to be vo'd and the employer person shall, -within 30 days of acauirinK a family, submit in the manner as specified in sub-rule (1). submit a fresh nomination in duplicate in Form C to the employer and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub rule (1).

(5) If the nominee pre-deceases the employed person, the in- terest of the nominee shall revert to the employed person who shall, within a period of thirty days from the death of the nominee, make fresh nomination in the manner hereinafter provided for.

(6) A notice of modification of a nomination including Ciises where a nominee pre-deceases an employed person, shall be submitted in duplicate in Form D to the "employer in the manner specified in sub-rule (1) and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1).

(7) Th= employed person shall nol nominate a person who is a miner,

(S) A nomination, a fresh nomination or a notice of modi- fication of nominafon shall be signed by the employed person or. if illiterate, bear hh thumb impression in the presence of two witnesses who shall also s;pn a declaration to that effect in Ihc nomination, flesh nomination, or M notice of modifi- cation of nomination as the enst: mny be.

C) A nomination, fresh nomination or a notii.e of modifi- cation of nomination shall take effect from the date of ifc.'ipt thereof hy the employer.

2 C. Register of nominations.—(1) The employer shall rccoid and tile all nominations, fresh nominations and .notices of modification of nominations, as the case may be, in the register of nominations which shall be maintained chronolo- gically by the employer in Form E.

(2) The register of nominations shall be maintained by the employer uptodate and kept permanently at the work spot or where the employer experiences difficulty in keeping them at the work spot, at any other suitable place, as may be ap- proved by the Regional Labour Commissioner (Central) in this behalf".

4. In sub-rule (1) of rule 6 of the said rules, after the words, 'Every register' the words, 'other than the icgister of nominations, shall be added.

5. The existing rule 9 shall be re-numbered as sub-nile (1) and the following sub-rule shall be inserted as sub-rule (2) of rule 9, namely :—.

"(2) The Cheif Labour Commissioner (Central) snail be the prescribed authority with whom amounts required to be deposited under clause (b) of sub-sec- tion (1) of section 25A of the Act, shall be deposit- ed and who shall deal with the amounts so deposited in the manner prescribed in rule 19B"

6. After rule 19. the following rules shall bo inserted,

namely :—

"19,\ Deposit of amounts of undisburscd wages.—(I) Wheie all amounts payable aa wages to person employed in a mine remains undisbursed because either no nomination had been made by the employed person or for any reasons such amounts could not be paid to the nominee of the employer person until the expiry of one year from the date the same had become pay- able, all such amounts shall be deposited by the employer with the Chief Labour Commissioner (Central) before the expiry of the fifteenth day after the last day of the said period of one year.

(2) The amounts referred to in sub-rule CD shall be deposited by the employer through ciossed demand draft obtained from any Scheduled Bank in Jndia drawn in favour of tte Chief Labour Commissioner (Central), New Delhi, and such demand draft shall be submitted by the employer to the Chief Labour Commissioner (Central) together with relevant details in Form VI-A by registered post simultaneously endorsing its copy to the Regional Labour Commis- sioner (Central) concerned.

19B Manner of dealing with the amounts.—(1) The amount deposited under rule 19A shall be applied by the Chief Labour Commissioner (Central to meet the expenditure incurred in connection with the measures which, in his opinion are necessary or expedient to promote the welfare of persons employed in mines and in particular to defray the cost of measures for the benefit of persons employed in the mines direct- ed towards,—

(i) the provision and improvement of educational faci-

lities;

(ii) the provision and improvement of iecieational facili- 7. In Form V of the said rules,—i

(a) for the figure "1,000" appearing at items 3(a), (b) and (d) and items 4 and 5, the figures, "1,600" shall be substituted;

(b) after item 7, following item shall be inserted

namely :—

''8. No. of cases and amount of undisburscd wages deposited with the Chief Labour Commissioner (Central);

Persons receiving lc>s than Rs, 1,600 per month

No. of Amount

cises '

(a) Cases in which wages remained un-

disbursed f>r want of nomination.

(b) Cases in iv'iich Wages could no I be paid to person nominated by emp- loyed persons(s) for any reason.'¹

8. In Form VII of the said rules—

(a) at item 1. for the figures, "200" the figures "1600"

shall be substituted:

(b) in clause (a) of sub-item (2) of item 9, for the words, "naye paise in the rupee", the words, "per cent of the wages payable to him in respect of that wage period in which fine is imposed" shall be substituted ;

(c) at item 12, after the words, "Central Government" the words and brackets, "or the Chief Labour Com- misioner (Central)" shall be added ;

(d) after item 12, the following item shall be inserted,

namely—

"12-A. Deductions can be made with the written authorisation of the employed person for payment of his contribution to any fund constituted by the employer or a trade union registeied under the Trade Unions Act, 1926 for the welfare of the employed persons or the members of their families or both, and approved by the Central Government or any officer specified by it in this behalf, durlnjB the continuance of such approval".

(e) after item 14, the following item shall be inserted.

namely—

"14-A. Deductions can be made with the written authorisation, of the employed person for pay- ment of fees payable by him for the membership of any trade union refi;stcred under the Trade Unions Act, 1926;"

8. Present address.

Labour Commissioner ("Central) New Delhi before the expiry of the fifteenth day after the last day of the said period of one year.

9. Permanent address.

Manner of dealing with deposited amounts

tillage Thana Sub-division

Post office District State

Place SigiAture/thumb itiircision of tho Date employed person

Declaration by witnesses 19B. (1) The amounts, of undistmrsed wages deposited with the Chief Labour Commissioner (Central) shall be applied by him to meet the expenditure in connection with the measures to promote the welfare of persons employed in mines parti- culary to defray the cost of measures for the benefit of persons employed in mines such as the provision and improvement of educational, recreational and transport facilities, family wel- fares including family planning, vocational training, and re- habilitation of disabled and" handicapped persons.

Nominaton signed/thumb-imprc^sioned before me.

Name ia full and full address of Signature of witnesses;

1. 1,

(2) The expenditure so incurred either by an employer in relation to a mine or a trade union or persons employed in a mine, registered under Trade Unions ^ct, 1926 may be re- imbursed to the person concerned by the Chief Labour Com- missioner (Central) either wholly or partly at hi^ discretion.

2. 2.

[No. S-32012/8/82-WC(PW)l

Place Date

Form B

[See sub-mle (1) of rule 2B]

CertiScate by the employer Nomination

To

("Give here name and address of employer together with

Certified that the particulars of the above nomination have been verified and recorded in the register of nominations in Form E at serial No

name and full address of the mine)

(name in full here)

Signature of the employe*/ officer authorised

Place Designation

Date Name and address of the mi ne whoso particulars are given in the statement below hereby nominate the person mentioned below to receive all amounts payable to me as wages if such amounts could not or cannot be paid on account of my death before the payment or on account of my' whereabouts not being known.

or rubber stamp thereof

Acknowledgement of the employed person

2. I hereby certify that the person nominated by me is a member of my family within the meaning of clause (Kg) of rule 2 of the Payment of Wages (Mines) Rules, 1956.

Received the duplicate copy of nomination in Form B filled

by me and duly certified by the employer-

place Signature of the employed person 3. I hereby declare that I have no family within the mean- Ing of clause (gg) of rule 2 of the said rules and should I acquire a family hereafter, the above nomination shall be void and in that event I shall make a fresh nomination in Form C.

Date

4. fa) My father/mother/parents is/are not dependent

upon me.

Note : Strike out the Words and paragraphs not applicable.

(h) My husband's father /mother /parents is/are not depen-

dent on my husband.

Nominee

FORMC

tme and address of the nominee

Ns

[See sub-rule (4) of rule 2B]

Age of nominee

Fresh nomination

To

Nomi- nees re- ] lationship with the employed person

(giv* here namo and address of employer together with name

(2)

(3)

0)

and full address of the mine)

I

Statement

(name in full here)

Name of tho employed parson in full

1.

Sex

2.

Religion

3.

jwer

Whether unmarried/mirried/wldow/wldi

4.

loyed

Departra:nf/Bran"h'Sectir>n where emrri

5.

lumbar If a

Post hold with ticket number or, sarlal i

6.

whose particulars are given in the statement below have acquired a family withla the meaning of clause (gg) of rule 2 of the Pay- ment of Wages (Mines) Rules 1956 with effect from (date here) (in the nvnnor inibatod below a n! therefore no'Ti'nate a freihth¹;person mmttoi^d balowta receive all amV-Mts p i y i bb to u; .Y3 W13M if w ;h amvJiti could not or c i m y. b; Tiii PI };J >iit of \rxr djita bjfor,; Co piynjnt

or on account of ray w'ure abouts rut bjing known.

Date of app liatmsnt

7. "

4 01/84-2

7'

2. I hereby certify that the person nominated by me is a mem- ber of my family within the meaning of clause (gg) af rule 2 of the said rules.

3. (a) My fathor/mothor/parents id/are net dependent upon me.

(b) My husbands father/mothcr/parents is/are not depen- dent on my husband.

Name and address of tho nominee

Age o nominee Acknowledgement of the employed person

Received the duplicate copy of the nomination in Form-C filed by me and duly certified by the employer.

Signature of the employed

Place

p;rson

Date

Note : Strik out the words and paragraph not applicable.

Form-D

[See sub-rule (6) of rulo 2B]

Nomi-

nee's re-

lationship

with the

employed

person

1

2

3

MANNER OF ACQUIRING A "FAMILY" (Here give details as to how a family was acquired, whether by marriage or parents being rendered dependent or through other process like adoption).

STATEMENT

1. Name of tho employed person in full 2. Sex. 3. Religion. 4- Whether marriod/unmarried/widow/widower. 5. Oepartmont/Branch/Section where employed 6- Post held with ticket number or, serial number if any. 7. Date of appointment. 8. Present address. 9. Pormanent address

Place ~~ ~ r ' ' '

Dato . ..

Modification of Nomination.

To

(Give here name and address of employer together

name and full address of the mine)

I

(name in full here)

Whose particulars are given below hereby give notice that tho nominaion filed by me on and recorded under your reference no

date No.,

shall stand raolifiad in tho dated following manner :~

(Here give details of the modifications intended)

Statement

1. Name of the employed person in full.

2. Sex.

3. Religion.

4. Whether unmarried/marrled/widow/widower.

Signature/thumb impression of

.,

tne employed person

Declaration of witnesses:

Fresh nomination signed/thumb impresbioncd before me-

Name In full and full address and Signature of witnesses

1. 1.

2. 2.

Place

Date

Certificate by the emplojcr.

Certified that the particulars of the above nominatiLn been varilied and recorded in register of naminotions in Form E at serial No

5. Department/Branch/Section where employed.

6. Post held with ticket number or serial number, if any.

7. Date of appointment.

8. Present address.

9. Permanent address.

Village Thana Sub-division

Post office District State

Place Signaturo/thumb impression of

Date

the employed person. )

Declaradition by witnesses:

Modification of nomination signed/thumb imprassionsi before me.

Signature of the employer/

officer authorised

Place Designation

Date

Name and address of the mine or rubber stamp thereof Name in full and full address of Signature of witnesses Witnesses

1. 1.

2. 2.

Place

Date

Certificate by the ©employer: >

Certified that the above modifications have been recorded and entered into in register of nominations in Form-E at seria' No

Place Signature of the employe t \

officer authorised

Date .'. Designation

Name and address of the mino or rubber stamp thereof.

H

Acknowledgement by the ompbyad person:

Received the duplicate copy of the notice for modifications

in Form-D filed by me on duly certified by the employer.

Signature of the employed person

Place

Date

Noto: Strike out the words not applicable.

FORM-E

[See sub-rule (1) of rule 2C]

Register of nominations

Name and address of the mine Name and address of the employer

PART—I

Nature of employment

Serial No.

Name and complete address of the employed person

Name and complete address of tht, nominee initially nominated in Form B with date

1

3

2

Remarks Name and address of the nominee sub- sequently nomina- ted in Form C with date

Details of modifications if any specified in the notice of modification of the nomination given in Form D. with date

6

5

7

PART—II

It shall contain one copy each of the nomination in Form B and as the case may be, the fresh nomination in Form C and noti

of modification of nomination in Form-D in serial order indicated in Part-I.

FORM VI-A

[See sub-rule (2) of rule 19A]

From

REGISTERED

(Give here name and complete address of the employer

To

The Chief Labour Commissioner (Central) Shram Shakti Bhawan, Rafi Marg, New Delhi (Pin. 110001).

Subjects:—Deposit of amount of undisbursed wages.

Sir,

As required under sub-rule (1) read with sub-rule (2) of rule 19Aof the Payment of Wages (Mines) Rules, 1956, I enclose the crossed dqmand draft bearing No

Dated

(mention the number) (Mention tho date) for Rs (Rupees (mention thQ amount in figures) (mention the amount in word drawn in your favou- obtained from

(mention the name and the address of the bank The above mentioned amounts represent all

amounts payable as wages to persons employed in

(mention the name and address of the mine) which remained undisbursed because either no nomination had been made by the employed person(s) or for any persons such amounts cauld not bi paid to tha respective nominee(s) of the employed person(s). The relevant details are furnished hereunder.

(1) Particulars of the relevant wage-period

(mention the details of (ho wage period)

(2) No. of cases in which all amounts payable to an cm- ployed person as wages, re- mained undisbursed for want of nominations

(mention the number of such

cases).

Rs

(3) Total amounts of un-

.. (Rupees

(mention the amounts in figures)

disbursed wages in cases referred to in item 2

(mention the amounts in words)

(mention the number of Btich

cases)

(4) No. of cases in which all amounts payable to an employed person as wages, could not be paid to person(s) no- minated by employed person(s).

(5) Total amounts of un- Rs

disbursed wages in cases referred to in Item 4

(mention the amounts in figures)

Rupees (mention the amounts in words)

(6) Total amounts of un- Rs (Rupees

disbursed wages refcrr- (mention the (mention the ed to in items 3 and 5. amounts in amounts in

figures) words)

Yours failthfully,

Signature of the employer/ officer

authorised

Place Designation

Dated Name and address of the mine or

rubber stam thereof

Copy without enclosures forwarded for information to the Regional Lab ur Commission.r (Central)

(mention the address)

Signature of the employer/officer authorised

Pace Designation

Dated Name and address of the mine or

rubber stand thereof

74 GJ/84—3

NOTIFICATION

G.S.R. 287(E).~The following draft of certain uiles further to amend the Payment of Wajies (Air Transport Set vices) Rules 1968 hereinafter referred to us the said rules, which the Cent- ral Government pioposes to make in cxcrui.se of the powers conferred by sub-section (2) find (3) of section 26 read vutli section 24 o! the Payment of Wages Act 1936 (4 of 1936) is hereby piibl shed as required by sub-section (5) of section 26 of the said Act for information of all pcisons likely to be affected thereby and notice is hereby given that the said drHft will be taken into consideration after the expiiy of thice months from the date of the publication of this notification in the official gazette.

2. Any objection or suggestion which muy be received from any person on the receipt of the said draft before the date so upccified will be considered by the Cenlml Government.

DRAFT RULES

Payment of Wages (Air Transport Services) Amendment

Rules 1983.

(1) These rules may be called the Payment of Wages ( Mr

Transport Services) Amendment Rules 1983.

(2) In rule 2 of the Payment of Wages (Air Transport Scr* vices) Rules 1968, "fa) after clause (cl, the following shall be inserted, namely: ''(cc) 'Cheif Labour Commissioner fCen- tr.il)' means an officer appointed as such by the Central Go\er- nment;¹''

(b) after the clause fi), the following clause shall be insert-

ed, namely: "("ii) "family" means—"

(i) in case of a male employed person, his wife, his children, whether married or unmarried, his dependent pn rents and de- Ceased sons' widows' and children;

(ii) in case of a female employed person, her husband, her childien, whether married or unmarried, her dependent piacnis. her husband's dependent parents nnd her deceased sons' widows'

and children".

3. Aftei rule 3, the following rules shall fee inserted,

namely:—

"3A. Nom'nations. CD in casd an employed person in aheady in employment on the date of commencement of the Payment of Wages (Air Trnnsport Services) Amendment Rules 1981 ordinarily within 60 days from such date, and in case an em- ployed person has been employed after the date of th,? com- mencement of the said rules, ordinarily within 30 days from the day he Is employed shall nominate a person conferring on him the rifiht to receive all amounts payable ta him a" wages, if such amounts could not or can no( be paid on ac- count of hl" death before the payment or rm. account of his whereabouts not being known. The nomination shall be in Form A and submitted in duplicate bv the employed rerson by personal service, after taking proper receipt thereof or hv sending through registered posi with acknowledgement due to the employ*!!,

son belonging to his family. Any nomination made by such employed pejson in favour of. a person not belong.ng. to his lamily shall be void.

(4) If at the time of. making a nomination, the employed person has no family, the nomination may be made in favour of any person but as soon as the employed person subsequently acquires a family, such nomination shall forthwith be deemed to be void and the employed person shall, within 30 days of acquiring a family, submit in the manner as specified in iub- mle (1) a fresh nomination in duplicate in Foim B to the em- ployer and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis, us :f it was made under sub-rule (1)-

(5) If the nominee predeceies an employed person, the in- terest of the nominee shall i evert to the employed person who shall within a period of 30 days from the death of the nominee make a fresh nomination in (he manner hereinafter provided for.

(6) A notice of modification of a nomination including cases where a nominee pre-deceases an employed person shall be submitted in duplicate in Form C to the employer in the manner specified in sub-rule (1) and thereafter the provisions of sub-rule (2) shall apply nuilnlis mutandis at if it was made und?r sub-rule (1).

(7) The employed person shall not nominate a prison who

is a minor.

(8) A nomination or a fresh nomination or a notice of modi- fication of nomination shall be signed by the employed person or if illiterate, bear h s thumb impression in the presence of two witnesses who shall also sign a declaration to that effect in the nomination fresh nomination or a notice of modificflJion of nomination as the case may be.

'9) A nomination, a fresh nomination or a notice of modi- fication of nomination shall take effect from the dnte of receipt thereof bv the employer.

3B, Register of nominations ,—(1) The employer shall re- cord ;aid file all nominations, fresh nominations and notices of modification of nominations as (he case mav he in th^ register of nominations which shall be maintained chronologically hy tlie empUuer in Form D.

(2) The legister of nnnsin.itiom shall be maintained by the employer i>p-tti-tliu'e and kept permanently at the work- snot or where (he e m p t i er cxpeiiences difficulty in keeiina them ;it the work-spot, ;tt any other suitable plajce as may be uppiovcd fc\ the Region;.I Labour Commissioner (Central) in this hehalr.

4. Tn sub-rule (1) of tule 8 of the said rules, after the

words 'Fvrrv regfc'rr', thn words 'other thon legistor of nominations' shall be added;

5. After mle 9, the following rule shall be inserted

namely :—

9. In Form XI of the said nilci,—In ii'eni I, for the

figures, "40II"' the fignies, "J^OH." shall be substituted;

hitd become payable, all such amounts shall be deposited by the employer with the Chief Labour Comrr/ssioner (Cer.trnl) (icfoife the c\pirv of the fifteenth day Vfter the last duv of -the said peiiod Of. one year.

Certificate by th" employer

FORM A

[See tub-rule (I) of rule 3A]

NOMINATION

Certified that the particulars of the above nomination hav*

been verified and recorded in the register of nomirmtions In Form

D at serial No

To

Signature of the employer/officer

authorised.

(Give here name and tddrew of employer together

with name and full address of the etttblkbment).

Place Designation

I,

Date Name and address of the estab-

(name In full here)

lishment or rubber Stamp

Acknowledgement of the employed person.

Received the duplicate copy of nomination in Form A field

by me and duly certified by the employer.

whose particular me given in the statement below, hereby

nominate the penon mentioned below to receive all amounts

peyable to mo M wages, If such amount* could not or cannot

be paid on account of my death before the payment or on

account of my whereabout* not being known.

Plac"

Date Signature of the employed persons

2. I hereby certify that the person nominated by roe

it a member of my family within the meaning of clause (li)

Of rule 2 of the Payment of Wages (Air Transport Services)

Rules, 1968.

Note : Strike out the words and paragraphs not applicable.

>

FORM B

|See sub-rule (4) of rule 3A]

3. I hereby declare that I have no family within the

meaning of clause (11) of rule 2 of the said rules and ihould

I acquire a family hereafter, the above nomination shall be

void and hi that event I shall make a fre*h nomination in

Form B.

Fresh nomination

4. (a) My father/mother/parent* Is/are not dependent

To

upon rot.

(b) My husband's father /mother/parents is/aie not depen-

Give here name and address of employer together with

name and full address of the establishment).

dent on my husband.

I

(name In full here)

Nominee

Age of nominee

Name and address

of the nominee

Nominee's rela-

tlonahlp with the

employed per-

son

1

2

J whose particulars are given, in the statement below have acquired a family within the meaning of clause (ID of rule 2 Of the Payment of Wages (Ah- Transport Services) Rules 1968 with effect from (date here) ...., (in the manner Indicated below and therefore nominato a fresh the person mentioned below to receive all amounts payable to me as wages, if such amounts could not or cannot be paid on account of my death before the payment or on account of my whereabouts not being known.

2. I hereby certify that the penon nominated by me it

a member of my family within the meaning of clause (ii) of

rule 2 of the said rules.

3. (a) My father/mother/parents Is/are not dependent

upon me.

Statement

(b) Mv husband's father/mother/parents is/ar* not de-

1. Name of the employed person in full.

pendent on my husband.

2. Sex

Nominee

Atfe of nominee

3. Religion

4. Whether unmarrled/manied/widow/widower

5. Department/Branch/Secticn where employed

Name and address

of the nominee.

6. Post held with ticket No. or[s4rial No, If any

Nominee's rela-

tionship with the

employed person

7. Date of appointment

1

8. Present address

9. Permanent addresss

Village Thanna Sub-division

Post office District State

Place Signatute/thumb-imprenion of

Manner of acquiring a "family"

Date

the employed penon.

Declaration by witnesses.

(here give details as to ho w a family was acquired, i.e. whether

by marriage or parents being rendered dependent or through

other process like adoption)

Nomination signed/tbunib-lmpressioned before me.

Name In full and full address of Signature of witnesses,

Statement

1.

1.

1. Name of the employed person In full

2,

2.

2. Sex

y Religion

Plact

Pate

4. Whether married/unmarried/wldow/widower

5. Deparrmtnt/Brancb/Section where employed

reference No (date) shall stand raodinsd

In the following manner:—

6. Post held with tioket No. or, serial No., if any

7. Date of appointment

(Here give details of the modifications intended)

8. Present address

9. Permanent address

Statement

Village Thana Sub-division

J. Name of the employed perron in full

Date District State

2. Sex

Plac* Signature/thumb-impression of

3. Religion

Date

the employed person.

4. Whether married/unmarried/widow/widower

Declaration of witnesses

5. Department/Branch/Section where employed

6. Post held with ticket No.; or serial No. if any

Fresh nominations signed/thumb-impre&sioned before me

Name in full and full address of Signautre of witnesses

7. Date of appointment

1.

1.

8. Present address

2.

2.

9. Permanent address

Place

Village Than Sub-division

Post office District State

Dtt"

Certificate by the employer

place Signature/thumb impression of

Date

the employed person.

Certified that the particulars of the above nomination have

been verified and recorded in register of nominations in Form

D at serial No

Declaration by witnesses

Signature of the employer/officer

Modification of nomination signed/thumb-impressioned before

authorised.

Nam* in full and full address of Signature or witnesses

Designation.

1.

1-

Plice Name and address of the estab-

2.

2.

Date

lishment or rubber stamp thereof

Place

Date

Acknowledgement of the employed person.

Certificate by the employer.

Received the duplicate copy of the nomination In Form 6

filed by me and duly certified by the employer.

Certified that the above modifications have been recorded

Place Signature of the employed person

and entered into In register of nominations in Form D at seria 1

Date

No

Signature of the employct'/O.ffcor

Note i Strike out the words and paragraph not applicable,

authorised-

p]ace Designation

FORM C

pa te Name and address of tho Eastb-

lishment or rubber stamp thereof.

[See sub-rale (6) of rulo 3A]

Modification of nomination

Acknowledgement by the employed pjrson

To

Received the duplicate copy of the notice for modification

in Form C filed by me on.. . .duly certified by the employer.

(Give here name and address of employer together with

name and full address of the establishment).

Signature of the employed perjon

I,

Place...,

(name In full here)

Date

Whose particulars are given below hereby give notice that the

nomination filed by me on and recorded under your

Note : Strike out the word s not applicable

FORM D

[Sec sub-rule (1) of rule 3B]

Register of nominations

Name and Address of the establishment Name and address of the employers

PART-I

Rematfcs SI. No.

Name and complete address of the orn- ployed person

Nature of employ- ment

Name and complete address of the nomina- cs initially nominated in Form A, with date.

Name and address of the nominee sub- sequently nomina- ted in Form B with date

Details of modification-, if any, specified in the notices of modification of the nomination given fn Form C with date.

2

3

⁵

1

6

1

PART-n

It dull c xitaln ono enpy each of ths nomination in Form-A and, as the case may be, the fresh nomination in Form-B and notice of m Klicfidtiou of nomination in Form-C in serial order indicated In part-I.

i ,,% ,- i . „.

FOtfM E 3. Total amounts of un- disbursed wanes in

[See sub-rule (2) of rule 1BA]

„ ,

cases referred to in

REGISTERED ifom 2 : Rs {Ram- .

yrom-

(Give here name and complete address of the employe*,

(attrition tin ( m n tm t'u amounts in amounts in lisurcs) inwoml)

to

⁴' ^ o. of case, in which

The Chief Labour Commission* (Central) Shram Shakti Bhawan, JRafl Marg. New Delhi (pin: 110001)

all amounts payable fp 'ln e r nP'oycJ person wages could not be paid to porson(s) nominat- Sub : Deposit of amounts of undisbursed wages. od ^y employed por-

S 0 I l ( s)

Sir,

(ma it mi th; i ni'ajr ?f su;i •mass)

R^ ,

    ,                                                                         JIIUU.VI  iii       ainjuntsin
pe   a)                                                                       ligurcs)           words)

P l a c e:

Name and address ot the esUililiilvTUit oi u > i :i -.U m thereof.

Cop> without enclosures forwarded for information to t'le Regionj) Labour Commissioner (Central)

(mention adilui¹.)

Signatuie of the cmplovjr/

officer authorised

P]ai:e Dojjtgndtion Ddied Name a nJ a.1."lLo-.ii of Hi; ;. v> iNhmant o, ru^b:r stinii t h vc >]

74GI/84-^

NOTIFICATION

G.S.R. 288 (E) The following draft of certain rules further to amend the Payment of Wages (Railways) Rules 1938 herein after referred to as the said rules which the Central Government proposes to make in exercise of the powers conferred by sub- SLction (2) and (3) of section 26 read with section 24 of the Payment of Wages Act 1936 (4 of 1936), is hereby published ni requiied by sub-section (5) of lection 26 of the said Act for information of all persons likely to bo alTected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of three months from the adte of the publication of this notification in the official Gazette.

2. Any objection or suggestion which may be received from any person on tt"e receipt of the said draft before the date no specified will be considered by the Central Government.

DRAFT RULES

Payment of Wages Railways) Amendment Rules 1*983

1. These rules may be called the Payment of Wanes (Rail-

ways) Amendment Rules 1983.

2.1n rule 2 of the Payment of Wages (Railways) Rules, 1938. after clause (g), the following clause shall bo inserted, namely :

"(BE) "family'¹ means—

(i) In case of a .male employed person, his wife, hia children, whether married or unmarried, his depend- ent parents and his deceased sons' widows' and children.

(ii) In case of a female employed person, her husband, her children whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased sons' widows' and children."

3. After rule 2, the following rules shall be inserted,

namely :—

"2A nominations—(1) In case an employed persons is al- ready in employment on the date of commencement of Payment of Wages (Railways) Amendment Rules 1983, ordinarily within 60 days from such date, and in case an employed person has been employed after the date of the commencement of the said rules, ordinarily within 30 days from the day he is employ- ed shall nominate a person conferring on him the right to receive all amounts payable to him as wages, if such amounts could not or cannot be paid

on account of his death before the payment or on account ol his whereabouts not being known. Tiiii nomination shall be in Form A and submitted in duplicate by the employed person by peisonul ser- vice after taking proper receipt thcreoi or by send- ing through registered post with acknowledgement due to the pay master :

Provided that nomination in Jrorm A shall be accept- ed by the pay master even after the expiry of the specified period, if filed with reasonable urounds for delay, and no nomination so accepted shah¹ be invalid mainly because it was riled attei the expiry of the specified period.

(2) WiLmn 30 days of the receipt of Uio nomination

in i oini A under suo-ruJe (1), the pay mastei sUall jfct the service particular^ or liie employed person, as mentioned m form of nomination, vonhed with reference to the records of the railway or ai the caso may be, the contractor and returned to the employed person atlcr obtaining a receipt thereof, the duplicate copy of the nomination in Form A duly attested cither by the pay master or an officer authorised in this behalf by him as a token of re- cording of nomination by the pay master and tbc other copy of the nomination sh^ll be recorded and tiled in the manner prescribed in sub-rule (1) of rulo 2B.

(3) If an employed person has a family at the time of ruakinjj nomination, the nomination shall be in favour of person belonging to his family. Any nomi- nation made by such employed person in favour ol a person not belonging to his family shall be void.

(4) If at the time of making a nomination, the employ- ed person has no family, the nomination may be made in favour of any person but as soon as the employed pergon subsequently acquires a family, luch nomination shall forthwith be deemed to |je void and the employed person shall, within 30 days of acquiring a family, submit in the manner as spe- cified in sub-rule (1) a freih nomination in duplicate in Form B to the pay master and thereafter the provisions of sub-rule (2) shall apply mutatis mutsm dis at if it was made under tub-role (I).

(5) If the nominee pre-decea"ej the employed person, the interest of the nominee shall revert to the employed person who shall within a period of 30 days from the death of the nominee make a fresh nomination in the manner hereinafter provided for.

(6) A notice of modification of a nomination including cases where a nominee pre-deceases an employed person, shall submit in duplicate in Form C to the pay master in the manner specified in. sub- rule (1) and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made in sub-rule (1).

(7) The employed person shall not nominate a peison

who is a minor.

(S) A nomination or a fresh nomination or notice of modification of nomination shall be signed by the omployed person or, if illiterate bear his thumb impression in the presence of two witnesses, who shall also sijjn a declaration to that effect m the nomination, fresh nomination or a notice of modifi- cation of nomination, as the case may be.

(9) A nomination, fresh nomination or u notice of modi- fication of nomination shall take effect from ihc date of receipt thereof by the pay master.

2B. Register of nominations.-—CD The pay master shall record and file all nominations, fresh nominafons and notices of modification of nominations as the case may be in the register of nominations which shall be maintained chronologically bv the pnv mas- ter in Form D.

(2) The register - of nominations shall be maintained by tne pay master upLodate and kept permanently at tne woik-sptH i)i wheic the pay mailer experience* difficulty in keeping them at the work-spotj at any other suitable place, as may be approved by the Regional Labour Commissioner (Ccntial) in this behalf.

(.3) The register of nominations shall normally be main- tained in EglisJj but where it is maintained in any other language than English, a true translation Lhere- of in English shall be available."

4. The existing rule 9 shall be renumbered as sub-rule ( lj and the following sub-rule shall be inserted as sub-rule (2) of rule 9 namely:

"(2) The Chief Labour Commissioner (Central) shall be the prescribed authority with whom amounts re- quired to be deposited under clause (b) of sub-section (1) of section 25A of the Act shall be deposited and who shall deal with the amounts so deposited in the manner prescribed in rule 18B."

5. After rule IS, the following Rules shall be inserted,

namely:

"18A. Deposit of amount of, undisbursed v\age.i.—(lj Where all amounts payable as wages to a person employed by the pay master remains undisbursed because either no nomination has be_en made by the omployed person or for any reasons, such amounts qouJd not be paid to the nominee of the employed person until the expiry of one year from the date the same had become payable, all such amounts shall be deposited by the employer with the Chief Labour Commissioner (Central) before the expiry of the 15th day after the last day of the said period of one year.

(2) The amounts referred to in sub-rule (1) shall be deposited by the pay master through crossed demand draft obtained from any Scheduled Bank in India drawn in favour of the Chief Labour Commissio- ner (Central) New Delhi, and 3uch demand draft •'hall be submitted by the pay master to the Chief Labour Commissioner (Central) together with rele- vant details in Form VI by registered post simul- taneously endorsing its copy to the Regional Labour Commissioner (Central) concerned.

18B Manner of dealing with amounts— (1) The amounts deposited under rule ISA shall be applied by the Chief Laboui Commissioner (Central) to meet the expenditure incurred in connection with the measures which in his opinion are neces- sary or expedient to promote the welfare of persons employed upon railways, and in particular to defray the cost of measures for the benefit of persons employed upon railways directed towards—

(i) the provision and improvement of educational faci-

lities;

(ii) the provision and improvement of recreational faci-

lities;

(iii) the provision and improvement of family welfare,

including family planning;

(iv) the provision and improvement of vocational training, rehabilitation of disabled and handicapped persons; and

(v) the provision and improvement of transport facilities.

2. Trie expenditure incurred in connection with the measures referrod to in sub-rule (1) either by a pay master or a trade union registered under the Trade Union Act, 1926 of persons employed upon railways may be reimbursed tg the persons concerned by the Chief Labour Commissioner (Central) either wholly or partly at his discretion, provided he is satisfied that the expenditure has been actually incurred by that person for the

bona fide purpose specified in sub-rule (1)."

6. In form Til of the said rules—

fa) for the figuic-!. "1000" appearing at item^ 3(e) and

s, the figures "1,600" shall be substituted;

(b) after Item 7, the- following Item* shall b" Inserted,

namely—

" I. No. of cases and Hmount of undisbursed wages deposited with the Cheif Labour Co.nmiskiorter ("Central);

Persons receiving less than Rs. 1000 per month No. of Amount

cases

\a\ Cfoe in which wages remained undisburscd for v,ant oi nomina- tion.

(b) Cases in which wages, could not be paid to person(s) nominated by employed person(s) for any reasons".

7, Jn Form IV of th -.aid rul s,—

7, In form IV of the said rules,—

(.a) in item 1, for the figures "4Q0n¹ the figures, "l,60u'

shall be substituted;

(bj in clause (a) of sub-item (2) of item 9, for the wordU •'half _anna in the rupee", the words, "three pet cent of tbe~wages payable to him in respect of that wage period in which fine is imposed'' shall be substituted;

(c) in item 12, after the words "Central Government", the words and the brackets, "or the Chief Labuui Commissioner (Central)" shall be added;

(.d) after item 12, the following item shall be inserted,

namely—•

"12-A Deductions can be made with the written autho- risation of the employed person for payment oi his contribution to any fund constituted by the pay master or a trade union registered under tbe 1 rade Unions Act, 1926 for the welfare of the employed persons OT the member of their families or loth and approved by the Central Government or any officer specified by it in this behalf during the continuance of such approval".

(e) after item 14, the following item shall be inserted,

namely—

"14A Deductions can be made with the written autho- risation of the employed person for payment of fees payable by him for the membership of any trade union registered under the Trade Unions Act, 1926."

defray the cost of measures for the benefit of per- sons employed by the railways, such as the provision and improvement of educational, recreational and transport facilities, family welfare including family planning, vocational training and rehabilitation of disabled and handicapped persons,

(2) The expenditure to inclined either by a puy mastei or a trade union of persons employed upon rail- ways, registered under the Trade Unions Act, 1926 may be reimbursed to the person concerned by the Cheif Labour Commissioner (Central) cither wholly or partly at his discretion.

[F. No. S. 31012/8/82-WC(PW>J

BISHAMBHAR NATH, Under Secy.

FORM A

[See sub-rule (1) of rule 2BJ

Nomination

To

(Give here name and address of the paymaster)

1

(name in full here)

whose particulars are given in the statement below, hereby nominate the person mentioned below to receive all amounts payable to me as wages if such amounts could not or cannot be paid on account of my death before the payment of on account of my whereabouts not being known.

2. I hereby certify that the person nominated by me is a member of my family within the meaning of clause (gg) of rule 2 of the Payment of Wages (Railwiiys) Rules. 1938.

3. ] hereby declare that I have no family within the meaning of clause (gg) of rule 2 of the said rules and should I acquire a family hereafter, the above nomination shall be void and in that event I shall make a fresh nomination in Form B.

4. (a) My father /mother/parents is/jre not dependant

t upon me.

(b) My husband's father/mother/parents is/are not de-

pendant on my husband.

Nomfneo

Ago of nominee Name and address of the

nominee

Nominoo rela- tionship with tho employed person

2

3

Declaration by Witnesses

Nomination signed/thunib-irnprtssioned before me.

vlamc in full and full address of Signature of witness

1.

1.

2.

2.

Place Ptoce

Certificate by the Paymaster

Certified that the p a niculars of the above nomination havo been verified and recorded 'in the register of nominations in Form D at the Serial No

Signature of the Paymaster/Officer authorised

Place.

Date., Designation

Name and address of the Pay- master or rubber stamp thereof.

Acknowledgement of the employed person

Received the duplicate copy of nomination in Form A filled

by me and duly certified by the paymaster

Place

Tad- Signature of the employed person

Note:—Strike out the words and paragraphs not applicable

FORM B

(See sub-rule (4) of rule 2A)

Fresh nomination

To

(Give here name and address of tho paymaster)

I,

(name in full hire)

Manner of acquiring a "family"

(Here give details as to how a familv wis acquired, i.e.

whet'nr by unrriait"

Statement

I. Name of tho employed person in full.

2. Sex .-

3. Religion.

4. Whether unmarriod/marrie i/wi Jo v' vi J -> vz •

5. DepartTTMt/Brinch'^iitii^/vvh^rj e n i b y e i.

6. Post held with ticket No. or serial No. if any.

7. Date of appointment.

S. Prcgeit ai Ire^ 9, Pe manent Add¹ ess

Village . . . Thana Sub-division.. . .

Post Office District... . State

Place Signature/thumb-impression of

Date

the employed person

Declaration of witnesses

Fresh nominations/signed/thumb-impressioned before me.

Name in fill anc' fi.ll address of Signature of witnesses

1.

t.

1-

2.

Place

Date

Certificate by the paymaster

Certified that the particulars of the above nomination have been veiified and recorded in register of nominations In)form D at serial No

Signature of the pay.instcr/jrflcer

authorised

Designation.

Place Nome and address of the establish- ment ov rubber stamp theroof.

Acknowledgement of th employed person

Received tho duplicate copy of nomi ulti jn in For n B filled

by me and duly certified by the paymaster.

2

i 1

Statement

1. Name of the employed person in fall.

2. Sex.

3. Religion.

4. Whether untnarried/niarried/widow'wi lowitr.

5." Department/Branch/Section where employed.

6. Post held with ticket No., or

7. Date of appointment.

8. Present address.

9. Permanent address:

'Village Thana Sub-iivisioa

Post Office District State

Place Signature/thumb-impression of the

Date employed person

Declaration by witnosscs

Modification of nomination signed/thumb-impressioti before mo.

Name in full and full address of Signature of witnesses

t- 2.

1. 2. Place Date

Certificate by ths piymiitir

Certified ihat the above modifications have bssn rccordel and entered into in the register of nominations in Form D at serial No

Signature of the paymaster/officer authorised. Designation

Place Name and address of the estab- llshment or rubber stamp thereof Da te

Acknowledgomcnt by the employed pirson

Received the duplicate copy of the natba for r u li \-itiou in Foim ( fled by me on duly certified by the pay- master. Place Signature of the empbyj j person

Date

Note :—Strike out the words not applicable.

FORM—D

[See sub-rule (1) of rule 2 B]

Register of nominations

N*me and address of the establishment Name and address of the Paymaster

PART- I

SI. No.

Name and complete address of the employed person

Nature of employ- ment

Remarks

Name and complete Name and address address of the nominee of the nominee sub- initially nominated in sequcntly nomina- Form A with date ted in Form B with

2

3

1

date

Details of modifications, if any, specified in the notice of modification of the nomination given in Form C with date

7

4 5

6

PART-n

]> shall conciin one copy each of the nomination in Form A 2nd, as the case may be, the fresh nomination in Form-B and noticeoi'

modification of nomination in Form-C in serial order indicated in part-I.

FORM VI-A

[See sub-rule (2) of rule ISA]

enclose the crossed de~nand draft beuring No

(mention the number) dated Tor Hi.

Form ; REGISTERED (mention the date) (mention the amount ii figures)

(Give here name and complete address of the (rupees

Paymaster)

-j-

° •

The Chief Labour Commissioner (Central), Shram Shakti Bhawan, Ran Marg, New Delhi (Pin : 110 001)

(mention the amount i \ w iris)

drawn in your favour ohtained fro n

(mei tion the name and

. a c ]^ of Vh'e Bank)

The al-o^e mentioned amounts represent all .im.ia.its payable , . _ , . , - .. , , as Wages to person employed in

Subject:-Dcposit of amount of unJistuirsed wag,,. ^ .^ t he ^ md ^^ Qf t ho csXAb]iih^cat)

* '

Which remained undisbimeJ because either no nomination Asrequired under sub-rule (1) read with su>rale(2) of rule had been made by the employed person(s) or for any reasons ]8A of the Payment of Wages (Railways) Rulis 193S. I such amounts couU not be pa1i to the respective nnmineefs)

of the employed person(s). The relevant details are furnished heieunder:— 1. Particulars of the rele-

vant wage-period:

(Mention the details of the wage

period)

2. No. of cases in which all amounts payable to an employed person as wages, remained undis- bursed for want of nomi- nation;

(mention the number of such case (s)

3. Total amount of undis- bursed wages in cases referred to in Item 2 : Rs (Rupees

(mention the (mention the amounts in amounts in figures) words)

4. No. of cases in which all amounts payable to an employed person as wages could not be paid to porson(s) nominated by employed person(s):

(mention the number of such case(s) 5. Total amounts of undis- bursed wages in cases

referred to in item 4: Rs (Rupees

(mention thi ( o m t ba the amounts in amounts in figures) words)

6. Total amounts of uudis- bursed wages referred to In item 3 and 5 ; Rs (Rupees

(mention the (mention the amount In auiou nts in figures) word?)

Your;, faithfully,

Signature of the Paymaster/officer authorised

Place Designation

Date Name and addressed of the estab- lishment or rubber stamp thereof.

Copy without enclosure & forwarded for information to tbo

Regional Labour Commissioner (Central) (mention address.).

Signature of the paymaster/officer

authorised

Place Dated Name and address of the estabt- lishm"nt or rubber stamp thereof.