भारत सरकार / Government of India

Daman 20^th July, 2026 29 Ashadha, 1948 (Saka) No. : 52

UT Administration of Dadra and Nagar Haveli and Daman & Diu

Department of Labour & Employment

Daman

No. LE/LI/DMN/SSR/210542/2026/221 Dated:20-07-2026

NOTIFICATION

Whereas, subsequent to the enactment of the Code on Social Security, 2020 (Central Act No.

36 of 2020) (The said Code) by Parliament, the draft Dadra and Nagar Haveli and Daman and Diu

Social Security Rules, 2023 were published and placed on the Official Website of the Union Territory

Administration of Dadra and Nagar Haveli and Daman and Diu, vide Notification No.

LE/LI/DMN/SSR/385/2023/567 dated 24-11-2023 for inviting objections and suggestions as required

under sections 154 and 156 of the said Code;

And whereas, vide notification number S.O. 1730 (E). dated 30th April, 2021, S.O. 2060 (E)

dated 3rd May, 2023, S.O. 5319 (E), dated 21st November, 2025 and S.O.5936 (E), dated 19th

December, 2025, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (ii),

all the provisions of the said Code have been brought into the force;

Now therefore, the following draft rules, which the Administrator of Dadra and Nagar Haveli

and Daman and Diu proposes to make in exercise of the powers conferred by section 154 and section

156 of the Code on Social Security, 2020 (36 of 2020) and read with section 24 of the General Clauses

Act, 1897(10 of 1897) in supersession of the-

The Goa, Daman & Diu Workmen's Compensation Rules, 1965 as applicable in

the Daman and Diu.

The Dadra and Nagar Haveli Workmen's Compensation Rules, 1977.

The Goa, Daman and Diu Maternity Benefit Rules, 1967 as applicable in the Daman

and Diu;

The Goa, Daman & Diu Payment of Gratuity Rules, 1973, as applicable in the Daman

and Diu;

The Payment of Gratuity (Dadra and Nagar Haveli) Rules, 1985

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

असाधारण

EXTRAORDINARY

प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUTHORITY

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 2

The Daman & Diu Unorganized Workers' Social Security Rules, 2015,

The Goa, Daman and Diu Employee's State Insurance (Medical Benefit), Rules, 1975

The Dadra and Nagar Haveli Employee's State Insurance (Medical Benefit) Rules, 2004

The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service), Dadra and Nagar Haveli Rules, 2003

Notification No. LE/LI/DMN/EST-2(3)/2006/147 dated 29-08-2007 adopting the

Building & Other Construction Workers (Regulation of Employment and Conditions of

Service) Central Rules, 1998 in the erstwhile Union Territory of Daman & Diu

except as respects things done or omitted to be done before such supersession, are hereby notified, as

required by section 158, for information of all persons likely to be affected thereby and the notice is

hereby given that the said draft notification will be taken into consideration after the expiry of a period

of forty-five days from the day on which the copies of the Official Gazette in which this notification is

published are made available to the public;

Objections and suggestions, if any, may be addressed to the Commissioner-cum-Secretary (Labour),

Dadra and Nagar Haveli and Daman and Diu, Secretariat, Vidhyut Bhawan, Kachigam, Nani Daman -

396 210 in writing or on email - on email - [email protected] or [email protected]. The

objections and suggestions should be sent in a proforma containing columns (1) specifying the name

and address of the person/organization, column (2) specifying the chapter and rule or sub-rule which is

proposed to be modified, column (3) specifying the revised rule or sub-rule proposed to be substituted

and column (4) reasons therefor;

Objections and suggestions, which may be received from any person with respect to the said

draft notification before expiry of the period specified above, will be considered by the Union Territory

Administration of Dadra and Nagar Haveli and Daman and Diu.

DRAFT RULES CHAPTER-I

PRELIMINARY

Short title, extent and commencement. –

(1) These rules may be called the Dadra & Nagar Haveli and Daman & Diu Social

Security Rules, 2026.

(2) They shall extend to the whole of Union Territory of Dadra & Nagar Haveli and Daman &

Diu.

(3) They shall come into force from the date of its publication in the Official Gazette of Union

Territory Administration of Dadra and Nagar Haveli and Daman and Diu.

Definitions. - (1) In these rules, unless the context otherwise requires: -

“Board" means the Dadra & Nagar Haveli and Daman & Diu Unorganized Workers

Social Security Board and the Dadra & Nagar Haveli and Daman & Diu Building

and Other Construction Workers Welfare Board constituted under sub-section (9) of

section 6 of the Code and under sub-section (1) of section 7 of the Code respectively.

"Cess Collector" means an officer appointed by the Administration of Dadra & Nagar

Haveli and Daman & Diu for collection of cess under the Code.

"Chairperson" means the Chairperson of the Board;

"code" means the Code on Social Security, 2020 (Act No. 36 of 2020);

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"Form" means a Form appended to these rules;

"Government" means the Administrator, Union Territory of Dadra & Nagar Haveli

and Daman & Diu

"member" means a member of the Board;

"nominations" means nomination made under section 55;

"section" means a section of the Code; and

"specified" means specified by the Government by an order published in the Official

Gazette.

(2)

All other words and expressions used in these rules which are not defined herein, but are

defined in the Code shall have their respective meanings assigned to them in the Code.

CHAPTER- II

SOCIAL SECURITY ORGANISATIONS

PART-I

Dadra & Nagar Haveli and Daman & Diu

UNORGANIZED WORKERS SOCIAL SECURITY BOARD

Term of office of members. - (1) A member, other than an ex-officio member, shall hold

office for a period not exceeding three years from the date of his nomination.

(2)

A member nominated under sub-clauses (i), (ii) and (iv) of clause (d) of sub section-(10) of

section 6 shall cease to be a member of the Board if he/she ceases to represent the category of interest

from which he/she was so nominated:

Provided that out of seven persons nominated under sub-clause (i) of clause (d) of sub-

section (10) of section 6, one member each shall be from the Scheduled Castes, Scheduled Tribes,

Minorities and the Women shall be represented.

(3)

A member shall be eligible for re nomination:

Provided that a member, other than an ex officio member, shall not hold the office for more

than total of two terms.

Resignation. - (1) A member of the Board, not being an ex-officio member, may resign his

office by a letter in writing addressed to the Chairperson.

(2)

The seat of such a member shall fall vacant from the date on which his resignation is

accepted or on the expiry of thirty days from the date of receipt of intimation of resignation,

whichever is earlier.

(3)

The power to accept the resignation of a member shall vest in the Chairperson, who, on

accepting the resignation, shall report to the Board at its next meeting.

Removal of member. - The Government may remove from office any member of the Board,

if, in its opinion, such a member has ceased to represent the interest which he purports to represent on

the Board:

Provided that no such member shall be removed unless a reasonable opportunity is

given to him of making any representation against the proposed action.

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Address of the members. - (1) Every Member shall furnish his or her address to the

Member Secretary of the Board who shall thereupon enter his address in the official record.

(2)

If a member changes his address, he shall furnish his new address to the Member Secretary

of the Board who shall thereupon enter his new address in the official record:

Provided that if a member fails to furnish his new address, the address in the official record

shall for all purposes be deemed to be the member's correct address.

Manner of filling vacancies. - When a vacancy occurs or is likely to occur on completion

of the term of the member in the membership of the Board, the Chairperson shall submit a report

to the Government and on receipt of such report, the Government may, by notification, nominate

a person to fill the vacancy:

Provided that when a vacancy occurs or is likely to occur due to removal or resignation of

a member, the Member Secretary shall submit a report to the Government and on receipt of such

report, the Government may, by notification, nominate a person to fill the vacancy and the person

so nominated shall hold office for the remaining term of office of the member in whose place he is

nominated.

Allowances of members. - (1) The travelling allowance of an official member of the Board

shall be governed by the rules applicable to him for journey performed by him on official duties

and shall be paid by the authority paying his salary.

(2)

The non-official members of the Board shall be entitled to the payment of travelling and

daily allowance for attending the meetings of the Board at such rates as are admissible to Group

'A' Officers of the Dadra & Nagar Haveli and Daman & Diu Administration.

Disposal of business. - Every matter which the Board is required to take into consideration

shall be considered at a meeting of the Board, or if the Chairperson so directs, by sending the

necessary papers to every member for opinion, and the matter shall be disposed of in accordance with

that decision of the majority:

Provided that where there is no opinion of majority on a matter and the members of the

Board are equally divided, the Chairperson shall have a second or a casting vote.

Explanation. -The expression "Chairperson" for the purpose of the above proviso shall include a

member nominated or chosen under sub-rule (2) of rule 10 to preside over a meeting.

10.

Meetings. - (1) The Board shall meet at such places and at such time as may be decided by

the Chairperson and it shall meet at least once in a quarter of the year.

(2)

The Chairperson shall preside over every meeting of the Board in which he is present and,

in his absence, he may nominate a member of the Board to preside over such meeting in his place and

in the absence of such nomination by the Chairperson, the members of the Board present in such

meeting, may choose one member from amongst themselves to preside over the meeting.

11.

Notice of meetings and list of business. - (1) Ordinarily, two weeks' notice shall be given

to the members of the Board of a proposed meeting:

Provided that the Chairperson, if he is satisfied that it is expedient so to do, may give notice of

longer period not exceeding one month for such meeting.

(2)

No business except which is included in the list of business for a meeting of the Board shall

be considered at the meeting without the permission of the Chairperson.

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(3)

The Chairperson may at any time call a special meeting of the Board in case of urgency,

after informing the members in advance about the subject matter of discussion and the reasons of

urgency.

12.

Quorum. - (1) No business shall be transacted at any meeting of the Board unless at least

twelve members are present in that meeting which shall include at least one non-official member.

Provided that if at a meeting, less than twelve members are present, the Chairperson may

adjourn the meeting to another date informing the members present and giving notice to the other

members that he proposes to dispose of the business at the adjourned meeting whether there is

prescribed quorum or not, and it shall there upon be lawful for him to dispose of the business at the

adjourned meeting irrespective of the number of members attending.

(2)

The Government may prohibit any member other than ex-officio members, from taking

part in the meeting of the Board if: -

a) he absents himself from three consecutive meetings of the Board without written

information and consent of the Chairperson; or

b) In view of the Government, such member ceased to represent the interest which he

purports to represent on the Board.

PART II

DADRA AND NAGAR HAVELI AND DAMAN AND DIU BUILDING AND OTHER

CONSTRUCTION WORKERS' WELFARE BOARD

13.

Terms and conditions of appointment of the Chairperson and other members of the

Board. - (1) The term of office of Chairperson and other members of the Board shall be three

years.

(2)

The Chairperson and other members of the Board shall be paid such salary and allowances,

as may be determined by Government in consultation with the Board.

14.

Filling up of casual vacancies. -A member, 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.

15.

Terms and conditions of appointment of Secretary, other officers and employees of

the Board. - The Secretary, other officers and employees of the Board shall be appointed on such

terms and conditions and shall be paid such salary and allowances, as may be determined by the

Board from time to time with the approval of the Government.

15A.

Social security schemes and welfare measures under sub-section (6) of Section 7.

a) Board with the prior approval of the "Administration of Dadra & Nagar Haveli and Daman

& Diu" shall notify social security schemes and welfare measures prescribed in Clause (c),

(d) and (e) of sub-section (6) of Section 7.

b) Board shall formulate social security schemes and welfare measures in which eligibility

limit, detail of various benefits; application form procedure, determination of competent

authority for sanction of benefit and manner of payment and other incidental matters

thereto shall be clearly mentioned.

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CHAPTER III

EMPLOYEES INSURANCE COURT

16.

Appeal. - The Insured Person or the Corporation may file a second appeal to the

Employees' Insurance Court by presenting an application within ninety days from the date of receipt

of the copy of order of the Medical Appeal Tribunal and other cases related to Insured Person;

Provided that the Employees' Insurance Court may entertain the appeal after the period of ninety

days, if it is satisfied that the appellant had sufficient reasons for not presenting the appeal within

the prescribed period. The applications to the Employees' Insurance Court, shall be in Form I.

17.

Procedure and fees. - (1) The procedure for filing appeal to the Employee Insurance

Court, -

(i)

an Appeal under section 49 shall be presented in triplicate in Form II and shall

contain the following particulars, namely: -

(a) the name of the Court in which an appeal is filed;

(b) full name, description including age, occupation and full postal address of

applicant and the opposite party;

mind, a statement to that effect and the full name, age, occupation and full

postal address of his or her guardian, next-of-kin, or any other person authorized

to act on his or her behalf;

(d) the fact constituting the cause of action and the date when it arose;

(e) the facts showing that court has jurisdiction;

(f) the relief which the applicant claims;

(ii)

every appeal shall be verified in the same manner as a pleading in a Civil Court;

(iii)

all the documents on which the appeal is based or has desired by applicant shall be

appended to appeal with an accurate list thereof;

(iv)

all appeals shall be entered in a register in Form III to be maintained by the Court.

(2)

Proceeding of Employees Insurance Court. :-(i) Every appeal to the Court shall be filed

within three years on which the cause of action arose or as the case may be, the claim becomes due;

(ii)

Where at any stage it appears to the Court that the appeal should be presented to another Court,

or should be entertained by another Court, the first Court shall send the appeal or file of the case to

the Court empowered to deal with it and shall inform the applicant and the opposite party

accordingly and the Court to which appeal or file is transferred shall continue the proceedings as if

the previous proceedings or any part of it had been taken before it.

(iii)

The Court shall follow the rules of the Code of Civil Procedure, 1908 in respect of

summoning of the parties, service of summons, procedure of hearing, framing of issues, statement

and production of evidence, method of recording evidence, cross examination of witness and other

related matters.

Explanation. --- For the purpose of this sub-rule, ---

(a)

the cause of action in respect of a claim for benefit shall not be deemed to arise unless

the insured person or in the case of dependents' benefit, the dependents of the insured person claims

or claim that benefit in accordance with the regulations made in that behalf within a period of twelve

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

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months after the claim became due or within such further period as the Employees' Insurance Court

may allow on grounds which appear to it to be reasonable;

(b)

the cause of action in respect of a claim by the Corporation for recovering

contributions (including interest and damages) from the principal employer shall be deemed to have

arisen on the date on which such claim is made by the Corporation for the first time:

Provided that no claim shall be made by the Corporation after five years of the period to

which the claim relates;

(c)

the cause of action in respect of a claim by the principal employer for recovering

contributions from an immediate employer shall not be deemed to arise till the date by which the

evidence of contributions having been paid is due to be received by the Corporation under the

regulations.

(3)

Fees. - (i) The fee payable on an appeal in respect of any matter referred to in section 49

shall be hundred rupees.

(ii)

The fee and costs payable in respect of any other matter shall be such as may be prescribed

for the time being in force.

(iii)

All fees referred to in this rule shall be collected by way of Court fee stamps.

CHAPTER IV

GRATUITY

18.

Bank or other financial institution in which the gratuity shall be invested for the

benefit of minor. -ln the case of nominee, or an heir, who is minor, the competent authority

referred to in the third proviso to sub-section (1) of section 53 shall invest the gratuity amount

deposited with him for the benefit of such minor in term deposit with the State Bank of India or

any other Nationalized Bank.

Explanation. - "Nationalized Bank" means a corresponding new bank specified in the First Schedule

to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of

1970) or a corresponding new bank specified in the First Schedule of the Banking Companies

(Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980).

19.

Time, form and manner of nomination by an employee. - (1) A nomination shall

be in Form IV and submitted in duplicate by the employee either by personal service, after taking

proper receipt or by registered post acknowledgement due or electronically to the employer,

(i)

in the case of an employee who is already in employment for a year or more on the date of

commencement of these rules but not submitted the nomination, ordinarily, within ninety days

from such date; and

(ii)

in the case of an employee who completes one year of service after the date of

commencement of these rules, ordinarily within ninety days of the completion of one year of service:

Provided that nomination in Form IV shall be accepted by the employer after the specified period,

if filed and no nomination so accepted shall be invalid merely because it was filed after the

specified period.

(2)

Within thirty days of the receipt of nomination in Form IV under sub- rule (1), the employer

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

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shall get the service particulars of the employee, as mentioned in the form of nomination, verified

with reference to the records of the establishment and return to the employee, after obtaining a

receipt thereof, the duplicate copy of the nomination in Form IV 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 the nomination shall be recorded.

(3)

An employee who has no family at the time of making a nomination shall, within ninety days

of acquiring a family submit in the manner specified in sub-rule (1), a fresh nomination, as required

under sub-section (4) of section 55, in duplicate in Form V to the employer and thereafter the

provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1).

(4)

A notice of modification of a nomination, including cases where a nominee predeceases an

employee, shall be submitted in duplicate in Form VI to the employer in the manner specified in sub-

rule (1), and thereafter the provisions of sub- rule (2) shall apply mutatis mutandis.

(5)

A nomination or a fresh nomination or a notice of modification of nomination shall be,

signed by the employee or, if illiterate, shall bear his thumb impression and shall be submitted by

the employee electronically or by registered post acknowledgement due.

(6)

A nomination, fresh nomination or notice of modification of nomination shall take effect

from the date of receipt thereof by the employer.

20.

Time within which and the form in which a written application shall be made.-

(1)

Application for Gratuity. - (i) An employee who is eligible for payment of gratuity under

the Code, or any person authorized, in writing, to act on his behalf, shall apply, ordinarily

within thirty days from the date the gratuity became payable, in Form VII to the employer:

Provided that where the date of superannuation or retirement of an employee is known, the

employee may apply to the employer before thirty days of the date of superannuation or

retirement:

Provided further that an employee on fixed term employment shall be eligible for gratuity, if

he renders service under the contract for a period of one year and he shall be paid gratuity at

the rate of fifteen days' wages, based on the rate of wages last drawn by him, for every

completed year of service or part thereof in excess of six months.

(ii)

A nominee of an employee who is eligible for payment of gratuity under the second

proviso to sub-section (1) of section 53 shall apply, ordinarily within thirty days from the date

of gratuity became payable to him, in Form VII to the employer:

Provided further that an application in plain paper with relevant particulars shall also be

accepted. The employer may obtain such other particulars as may be deemed necessary by him.

(iii)

A legal heir of an employee who is eligible for payment of gratuity under the

second proviso to sub-section (1) of section 53 shall apply, ordinarily within one year from

the date of gratuity became payable to him, in Form VII to the employer.

(iv)

Where gratuity becomes payable under the Code before the commencement of these

rules, the periods of limitation specified in clauses (i), (ii) and (iii) o f sub-rule (1) shall be

deemed to be operative from the date of such commencement.

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(v)

An application for payment of gratuity filed after the expiry of the periods specified

in this rule shall also be entertained by the employer, if the applicant adduces sufficient

cause for the delay in preferring his claim, and no claim for gratuity under the Code shall be

invalid merely because the claimant failed to present his application within the specified

period. Any dispute in this regard shall be referred to the competent authority for his

decision.

(vi)

An application under this rule shall be presented to the employer either

electronically, or by personal service or by registered post acknowledgement due.

(2)

Notice for payment of gratuity. - (i) Within fifteen days of the receipt of an

application under sub-rule (1) for payment of gratuity, the employer shall-

(a)

if the claim is found admissible on verification, issue a notice in Form VIII

to the applicant employee, nominee or legal heir, as the case may be, specifying the

amount of gratuity payable and fixing a date, not being later than the thirtieth day after

the date of receipt of the application, for payment thereof, or

(b)

if the claim for gratuity is not found admissible, issue a notice in Form VIII

to the applicant employee, nominee or legal heir, as the case may be, specifying the

reasons why the claim for gratuity is not considered admissible.

In the case of denial of gratuity, a copy of the notice shall be endorsed to the

competent authority.

(ii)

In case payment of gratuity is due to be made in the employer's office, the

date fixed for the purpose in the notice in Form VIII under sub-clause (a) of clause

(i) of sub-rule (2) shall be re-fixed by the employer, if a written application in this

behalf is made by the payee explaining why it is not possible for him to be present

in person on the date specified.

(iii)

If the claimant for gratuity is a nominee or a legal heir, the employer may

ask for such witness or evidence as may be deemed relevant for establishing his

identity or maintainability of his claim, as the case may be. In that case, the time limit

specified for issuance of notices under clause (i) of sub-rule (2) shall be operative

with effect from the date such witness or evidence, as the case may be, called for

by the employer is furnished to the employer.

(iv)

A notice in Form VIII shall be served on the applicant either by personal

service after taking receipt or by registered post with acknowledgement due or

electronically.

(v)

A notice under sub-section (2) of section 56 shall be in Form VIII.

(3)

Mode of payment of gratuity. -The gratuity payable under the Code shall be paid

through Demand Draft or by crediting in the bank account of the eligible employee,

nominee or legal heir, as the case may be:

Provided that intimation about the details of payment shall also be given by the

employer to the competent authority of the area.

(4)

Application to competent authority for direction under clause (b) of sub- section (5)

of section 56-

(1)

if an employer-

(a)

refuses to accept a nomination under sub-rule (1) of rule 19 or to

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 10

entertain an application sought to be filed under sub rule (1) or

(b)

issues a notice under clause (i) of sub-rule (2) either specifying an

amount of gratuity which is considered by the applicant less than what is

payable or rejecting eligibility to payment of gratuity, or

(c)

having received an application under sub-rule (1) fails to issue

notice as required under sub-rule (2) within the time specified therein, the

claimant employee, nominee or legal heir, as the case may be, may, within

one hundred eighty days of the occurrence of the cause for the application,

apply in Form IX to the competent authority for issuing a direction under

sub-section (5) of section 56 with as many extra copies as are the opposite

party:

Provided that the competent authority may accept any application under

this sub-rule, on sufficient cause being shown by the applicant, after the expiry of

the specified period.

(2)

application under clause (i) of sub-rule (4) and other documents relevant to

such an application shall be presented in person to the competent authority or shall

be sent by registered post acknowledgement due or electronically.

(5)

Procedure for dealing with application for direction. –

(a)

on receipt of an application under sub-rule (4), the competent authority

shall, by issuing a notice in Form X, by electronically or registered post

acknowledgment due or in person call upon the applicant as well as the employer

to appear before him on a specified date, time and place, either by himself or

through his authorized representative through virtual mode or otherwise together

with all relevant documents and witnesses, if any.

(b)

any person desiring to act on behalf of an employer or employee, nominee

or legal heir, as the case may be, shall present to the competent authority a letter of

authority from the employer or the person concerned, as the case may be, on whose

behalf he seeks to act together with a written statement explaining his interest in

the matter and praying for permission so to act. The competent authority shall

record thereon an order either according his approval or specifying, in the case of

refusal to grant the permission prayed for, the reasons for the refusal.

(c)

a party appearing by an authorized representative shall be bound by the acts

of the representative.

(d)

After completion of hearing on the date(s) fixed under clause (a), or after

taking such further evidence(s), examination of documents or witnesses, hearing

and inquiry, as may be deemed necessary, the competent authority shall record his

finding as to whether any amount is payable to the applicant under the Code and a

copy of the finding shall be given to each of the parties.

Provided that the Competent Authority shall dispose of the application for gratuity

within six months from the date of receipt of the application:

Provided further that the Competent Authority may, for reasons to be recorded in

writing, extend the said period for a further period not exceeding three months.

(e)

if the employer concerned fails to appear on the specified date of

hearing after due service of notice without sufficient cause, the competent authority

may proceed to hear and determine the application ex parte. If the applicant fails to

appear on the specified date of hearing without sufficient cause, the competent

authority may dismiss the application:

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Provided that an order under clause (e) of sub-rule (5) may, on good cause being

shown within thirty days of the said order, be reviewed and the application re-heard after

giving not less than fourteen days' notice to the opposite party of the date fixed for rehearing

of the application:

Provided further that the time limit for disposal of application for directions hall not

exceed ninety days from the date of filing of the application before the Competent Authority.

In case of non-appearance by either of the parties, a maximum of three opportunities may

be given before disposal of the application.

(6)

Place and time of hearing. -The sittings of the competent authority shall be held at

such times and at such places as he may fix and he shall inform the parties of the same in

such manner as he thinks fit.

(7)

Administration of oath. -The competent authority may authorize a clerk of his

office to administer oaths for the purpose of making affidavits.

(8)

Summoning and attendance of witnesses.-The competent authority may, at any stage

of the proceedings before him, either upon or without an application by any of the parties

involved in the proceedings before him, and on such terms as may appear to the competent

authority just, issue summons to any person in Form X either to give evidence or to produce

documents or for both purposes on a specified date, time and place.

(9)

Service of summons or notice. –

(a)

subject to the provisions of clause (b), any notice, summons, process or

order issued by the competent authority may be served either personally or by

registered post acknowledgement due or electronically or in any other manner as

prescribed under the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

(b)

where there are numerous persons as parties to any proceeding before the

competent authority and such persons are members of any trade union or association

or are represented by an authorized person, the service of notice on the Secretary,

or where there is no Secretary, on the principal officer of the trade union or

association, or on the authorized person shall be deemed to be service on such

persons.

(10)

Maintenance of records of cases by the competent authority. –

(a)

the competent authority shall record the particulars of each case under

section 56 and at the time of passing orders shall sign and date the particulars so

recorded.

(b)

the competent authority shall, while passing orders in each case, also record

the findings on the merits of the case and file it together with the memoranda of

evidence with the order sheet.

(c)

any record, other than a record of any order or direction, which is required

by these rules to be signed by the competent authority, may be signed on behalf of

and under the direction of the competent authority by any subordinate officer

appointed in writing for this purpose by the competent authority.

(11)

Direction for payment of gratuity.- lf a finding is recorded under clause(d) of sub

rule (5) that the applicant is entitled to payment of gratuity under the Code, the competent

authority shall issue a notice to the employer concerned in Form XI electronically or

registered post acknowledgment due or in person specifying the amount payable (including

interest due, if any, under sub-section (4) of section 56 of the Code) and directing payment

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

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thereof to the applicant under intimation to the competent authority within thirty days from

the date of the receipt of the notice by the employer. A copy of the notice shall be endorsed

to the applicant employee, nominee or legal heir, as the case may be.

(12)

Appeal. –

(a)

the Memorandum of appeal under sub-section (8) of section 56 of the Code

shall be submitted to the appellate authority with a copy thereof to the opposite

party and the competent authority either through delivery in person or under

registered post acknowledgement due or electronically.

(b)

the Memorandum of appeal shall contain the facts of the case, the

decision of the competent authority, the grounds of appeal and the relief sought.

(c)

there shall be appended to the Memorandum of appeal a certified copy of

the finding of the competent authority and direction for payment of gratuity.

(d)

on receipt of the copy of Memorandum of appeal, the competent authority

shall forward records of the case to the appellate authority.

(e)

within fourteen days of the receipt of the copy of the Memorandum of

appeal, the opposite party shall submit his comments of each paragraph of the

memorandum with additional pleas, if any, to the appellate authority with a copy

to the appellant.

(f)

the appellate authority shall record its decision after giving the parties to

the appeal a reasonable opportunity of being heard. A copy of the decision shall be

given to the parties to the appeal by electronically or registered post or in person

and a copy thereof shall be sent to the competent authority returning his records of

the case.

(g)

the competent authority shall, on receipt of the decision of the appellate

authority, make necessary entry in the records of the case maintained by him.

(h)

on receipt of the decision of the appellate authority, the competent authority

shall, if required under that decision, modify his direction for payment of gratuity and

issue a notice to the employer concerned in Form XI specifying the modified amount

payable and directing payment thereof to the applicant, under intimation to the

competent authority within fifteen days of the receipt of the notice by the employer.

A copy of the notice be endorsed to the appellant employee, nominee or legal heir,

as the case may be, and to the appellate authority.

(i)

the time limit for disposal of appeal shall not exceed ninety days from the

date of filing of appeal. In case of non-appearance by either of the parties, a

maximum of three opportunities may be given before disposal of the appeal.

(13)

Application for recovery of gratuity.-Where an employer fails to pay the gratuity

due under the Code in accordance with the notice by the competent authority under sub-rule

(11) or sub-rule (12), as the case may be, the employee concerned, his nominee or legal

heir, as the case may be, to whom the gratuity is payable may apply to the competent

authority in duplicate in Form XII for recovery thereof under section 129 of the Code.

21.

Manner of registration. -(1) Every Employer of an establishment covered by the Code

shall get his/her establishment registered electronically with competent authority in Form XIII

within thirty days from the date of notification of the compulsory insurance specified under sub

section (1) of section 57 of the Code.

(2)

The Board of Trustees shall include an equal number of representatives of the

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

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employer and the employees of the establishment.

(3)

Any amount directed to be paid under sub-section (4) of Section 57 shall be

recoverable as an arrear of land revenue.

22.

Qualifications and experience of the officer appointed as the competent authority. -

The person to be appointed as the competent authority for the purpose of this Chapter shall be

appointed by the Government by notification as per section 58(1) of the code.

CHAPTER V

MATERNITY BENEFIT

23.

(1) Complaint and Appeal. - (1) Complaint, -

A complaint under sub-section (1) of section 72 shall be made in writing in Form

XIV as the case may be.

When a complaint referred to in sub-section (2) of Section 72 is received by an

Inspector-cum-Facilitator, he shall examine the relevant record maintained by the

employer in this behalf, examine any person employed in the establishment and

take down necessary statement for the purpose of the enquiry and if he is satisfied

that the maternity benefit or the amount has been improperly withheld, he shall

direct the employer to make the payment to the woman or to the person claiming

the payment under section 63, as the case may be, immediately or within a specified

period:

Provided that the time limit for disposal of complaint shall not exceed forty-five days

from the date of filing of complaint. In case of non-appearance by either of the parties, a maximum

of three opportunities may be given before disposal of the complaint.

(2)

Appeal. –

(a)

An appeal against the decision of the Inspector-cum-Facilitator under sub- section

(2) of section 72, shall lie with the competent authority.

(b)

The aggrieved person shall prefer an appeal in writing to the prescribed authority in

Form XV and file other supporting documents.

(c)

When an appeal is received, the prescribed authority shall call from the Inspector-

cum-Facilitator before a fixed date, the record of the case. The prescribed authority

shall, if necessary, also record the statements of the aggrieved person and of the

Inspector-cum- Facilitator and seek clarification if any is required.

(d)

Taking into account the documents, the evidence produced before him and the facts

presented to him or ascertained by him, the prescribed authority shall give his decision

within a period of ninety days from filing of the application before him. In case of

non-appearance by either of the parties, a maximum of three opportunities may be

given before disposal of the appeal.

(3)

Authority to whom an appeal may be preferred: A person aggrieved by the order of

Inspector-cum Facilitator under sub- section (2) of section 72 may appeal the authority appointed

by the Administration of Dadra & Nagar Haveli and Daman & Diu by way of notification for the

said purpose.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

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CHAPTER VI

EMPLOYEE'S COMPENSATION

24.

Amount to be deposited towards the expenditure of the funeral of the employee with

the competent authority by the employer.-lf the injury of employee results in death, the

employer shall in addition to compensation to be given under the code shall deposit with the

competent authority a sum of fifteen thousand rupees or such amount as may be notified by the

Government through Gazette notification, for payment of the same to the eldest surviving

dependents of the employee towards the expenditure of the funeral of such employee or where the

employee does not have any dependent or was not living with his dependent at the time of his death

to the person who actually incurred such expenditure.

25.

Conditions when application for review is made without certificate of a medical

practitioner. -Application for review of half-monthly payment under sub- section (1) of section

79, may be made without being accompanied by a medical certificate; -

by the employer, on the ground that since the right to compensation was

determined, the employee's wages have increased;

by the employee, on the ground that since the right to compensation was

determined, his wages have diminished;

by the employee, on the ground that the employer, having commenced to pay

compensation, has ceased to pay the same, notwithstanding the fact that there has been no

change in the employee's condition such as to warrant such cessation;

either by the employer or by the employee, on the ground that the determination of

the rate of compensation for the time being in force was obtained by fraud or undue

influence or other improper means;

either by the employer or by the employee on the ground that in the determination

of compensation, there is a mistake or error apparent on the face of the record.

26.

Class of employers and the form of notice-book. - Every employer to which the Code

applies, shall maintain a notice book in accordance with sub-section (4) of section 82 in Form XVI.

27.

Interval for medical examination-A employee who is in receipt of a half monthly

payment shall not be required to submit himself for medical examination elsewhere than at the

place where he is residing for the time being for more than twice in the first month following the

accident or more than once in any subsequent month.

28. Form of statement to be submitted by the employer. -The statement for fatal accident

required under sub-section (1) of section 88 shall, be in Form XVII.

29.

Manner of Recording Memorandum. – (1) Form of Memorandum- Memorandum of

agreement sent to the competent authority under sub-section (1) of section 89 shall unless the

competent authority otherwise directs, be in duplicate, and shall be in as close conformity as the

circumstances of the case admit with, Form XVIII, or Form XVIII A, or Form XVIII B as the case

may be.

(2)

After receiving a memorandum of agreement, the competent authority shall, for taking

decision to record memorandum or refusing to record, shall issue notice to parties to agreement in

Form XIX, fixing date and place of hearing and in default of objections, he proposes to record the

memorandum on the date so fixed. The notice may be sent personally or through registered post or

speed post or electronically:

Provided that the notice may be communicated orally to any parties who are present at the

time when notice in writing would otherwise issue.

(3)

On the date so fixed, the competent authority, after hearing the parties to agreement shall

take decision to record or refuse to record the memorandum:

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 15

Provided that the issue of a notice under sub-rule (2) shall not be deemed to prevent the

competent authority from refusing to record the memorandum on the date so fixed even if no

objection has been made by any party concerned.

(1)

If on such date the competent authority decides that the memorandum ought not to

be recorded, he shall inform the parties present of his decision and of the reasons

thereof and if any party desiring the memorandum to be recorded is not present, he

shall send information to that party.

(2)

Registration of memorandum accepted for record. - In recording a memorandum of

agreement, the competent authority shall cause the same to be entered in a register in

Form XX and shall cause an endorsement to be entered under his signature on a copy

of a memorandum to be retained by him in the following terms, namely-

"The memorandum of agreement bearing Serial No____ _ of

20____

the

(Signature) Competent Authority

30.

Qualifications and experience for competent authority.- The person to be appointed as

the competent authority for the purpose of this Chapter shall be appointed by the Administration

of Dadra & Nagar Haveli and Daman & Diu by notification as per section 91(1) of the code.

31.

Manner in which matters may be dealt with by or before a competent authority- (1) On

receipt of the application, the competent authority shall verify the jurisdiction as per the parameters

specified in clause (a), (b) and (c) of sub- section (1) of section 92.

(2)

If it appears to the competent authority on receiving the application that it should be presented

to another competent authority, he shall return it to the applicant after endorsing upon it the date of

the presentation and return, the reason for returning it and designation of the competent authority to

whom it should be presented.

(3)

If at any stage of the case it appears to the competent authority the application should be

entertained by another competent authority, he shall send file of the case to that authority who has

the jurisdiction, and inform to the applicant and other parties in accordance with the procedure

defined in sub- section (3) of section 93 of the Code.

(4)

The competent authority to whom the case has been transferred, shall either initiate the

proceedings afresh or continue to proceed as if the previous proceedings were done before him,

provided he is satisfied that it shall not cause prejudice to the concerned parties.

32.

Time-limit for disposal of application and cost incidental to the proceedings- (1) The

competent authority shall dispose the application within six months from the date of receiving the

application.

(2)

Incidental Costs- (i) Any party to the dispute who desires to get certified copies of decision,

decree or other document, may get the same on payment of cost at the following rate, namely: -

(a)

The cost for the copies of any document of record or statement or order or decree

shall be rupees hundred per copy of the said documents.

(b)

The cost of service or summons or notices or expenses of witnesses or the cost

payable in respect of any of the matter not referred above shall be such amount as may be

ordered in each case by the competent authority.

(c)

The competent authority may, whenever it finds either on application of applicant or

otherwise that the applicant is unable to pay the costs, it may exempt the applicant from the

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 16

payment of cost.

(3)

Any person who is not a party to dispute, may get the certified copy of decision, decree or

other documents except the confidential documents, on payment of such fees as specified in the

preceding clause.

33.

Manner of authentication of memorandum. (i) After framing of issues, parties may

submit their evidence on affidavit, on which the opposite party shall have right to cross examination.

(ii) On application by any party to the proceedings and on deposit of fees and expenses fixed by

the competent authority, the competent authority may summon any witness whose evidence, he

thinks necessary for just decision of the case.

(iii) The evidence of all witnesses shall be recorded in the presence of competent authority and shall

be authenticated by his signatures and seal.

CHAPTER VII

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER

CONSTRUCTION WORKERS

34.

Time limit to pay the amount of cess .- (1) The cess levied under the' sub-section (1) of

section 100 shall be paid by an employer, within thirty days of the completion of the

construction project or within thirty days of the date on which assessment of cess payable is

finished; whichever is earlier, to the Gess Collector.

(2)

Notwithstanding anything contained in sub-rule (1), where the duration of the project or

construction work exceeds one year, cess shall be paid within thirty days of completion of one year

from the date of commencement of work and every year thereafter at the notified rates on the cost

of construction incurred during the relevant period.

35.

Fees for appeal. An appeal preferred under sub-section (1) of Section 105 shall be

accompanied by non-refundable fee equivalent to half per cent, but not exceeding rupees twenty

five thousand of the amount in dispute or penalty or both, as the case may be, under such appeal

which shall be paid on portal and shall be credited to the treasury in the head of the account as may

be specified by the Administration of Dadra & Nagar Haveli and Daman & Diu from time to time.

CHAPTER VIII

FINANCE AND ACCOUNTS

36.

Conditions to acquire, hold, sell or otherwise transfer any movable or immovable

property. - Government shall in consultation with the Dadra & Nagar Haveli and Daman & Diu

Unorganized Workers Social Security Board and the Dadra & Nagar Haveli and Daman & Diu

Building and Other Construction Workers Welfare Board frame a detailed policy for the purposes

specified in Section 120 of the Code.

37.

Conditions and manner of writing off irrecoverable dues.- Where Dadra & Nagar

Haveli and Daman & Diu Unorganized Workers Social Security Board or The Dadra & Nagar

Haveli and Daman & Diu Building and other Construction Workers Welfare Board is of the

opinion that the amount of contribution, cess, interest and damages due to the Board has become

irrecoverable, the Board or any other officer authorized by it in this behalf, may sanction the writing

off of the said amount, subject to the following conditions, namely: -

(i) if the establishment has been closed for more than five years and the whereabouts of the

employer cannot be ascertained, despite all possible efforts; or

(ii) decree obtained by the Board could not be executed successfully for want of sufficient

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 17

assets of the defaulting employer; or

(iii) claim for contribution is not fully complied with by –

(a) the Official Liquidator in the event of factories or establishments having gone into

liquidation; or

(b) in the event of factories or establishment being nationalized or taken over by the

Government.

CHAPTER IX

AUTHORITIES ASSESSMENT COMPLIANCE AND RECOVERY

38.

Other powers of Inspector-cum-Facilitator.: In addition to powers specified in sub-

section (6) of section 122, the Inspector-cum-Facilitator may exercise such other powers as the

Government may deem fit from time to time.

CHAPTERX

(RECORDS)

39.

Form and manner for maintenance of records and registers and other particulars and

details under clause (a), manner and form for display of notices at the work places of the

employees under clause (b) and the manner and period of filing returns to the officers or authority

under clause (d) of section 123.- (1) Register of Women Employees.— (a) The employer of every

establishment in which women are employed shall prepare and maintain a register of women employees

in Form XXI electronically or in hard copy and shall enter therein particulars of all women workers in

the establishment.

Further, it shall always be available for inspection under notified inspection scheme for the

Inspector-cum Facilitator.

(b) The employer may enter in the register of women employees such other particulars as may be

required for any other purpose of the Code.

(2)

Records.—Records kept under the provisions Chapter V of the Code and the rules framed

thereunder shall be preserved for a period of two years from the date of their preparation.

(3)

Annual returns.— (a) The employer to which the provisions of Chapter V of the Code

applies, on or before the 1st day of February in each year, upload a unified annual return in Form-

XXII online on the web portal of the Central Government in the Ministry of Labour and

Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the Inspector-cum-Facilitator may require the production of

accounts, books, register and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the

same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000

(21 of 2000).

(b) If the employer to which the Code applies sells, abandons or discontinues the working of the

establishment, then, he shall, within one month of the date of such sale or abandonment or four

months of the date of such discontinuance, as the case may be, upload online, on the web portal of

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 18

the Central Government in the Ministry of Labour and Employment, a further unified return in

Form XXII referred to in clause(a) in respect of the period between the end of the preceding year

and the date of the sale, abandonment or discontinuance.

(4) Manner and form for display of notices under clause (b) :- The employer shall display

physically or digitally and conspicuously a notice at or near the main entrance of the establishment in

bold letters in English, Hindi and in a language understood by the majority of the employees specifying

the name of the officer with designation authorised by the employer to receive, on his behalf, notices

under the Code or the rules made therein.

CHAPTER XI

OFFENCES AND PENALTIES

40.

Form and manner of application for compounding of an offence. –

(1)

The officer authorized by the Government by notification for the purposes of

compounding of offences under sub-section (1) of section 138 shall issue electronically a

compounding notice in Form XXIII for the offences which are compoundable under

section 138.

(2)

The person so noticed may apply in Part III of Form XXIII to the officer

electronically and deposit the entire compounding amount by electronic transfer or

otherwise, within fifteen days of the receipt of the notice.

(3)

The Compounding Officer shall issue a composition certificate in Part IV of Form

XXIII within ten days of receipt of the composition amount, to such person from whom such

amount has been received in satisfaction of the composition notice.

(4)

If a person so noticed fails to deposit the composition amount within the prescribed

time, the prosecution shall be instituted before the competent court for the offence in respect

of which the compounding notice was issued, against such person.

(5)

Composition after institution of prosecution. - (a) The court may compound any

compoundable offence at any time after filing of a complaint under section 138 of the Code.

(b)

The provisions of section 320 of the Code of Criminal Procedure, 1973 shall apply

to such compositions.

CHAPTER XII

EMPLOYMENT INFORMATION AND MONITORING

41.

Manner and form of reporting vacancies and form of filing the return by the

employer, to the concerned career centers.- (1) Reporting of Vacancies to Career Centers: (a)

After the commencement of this Code in U.T. of Dadra & Nagar Haveli and Daman & Diu, the

employer in every establishment in public sector, before filling up any vacancy in any employment

in that establishment, report that vacancy or cause to be reported to such Career Centre as may be

specified in the notification by the Government.

(b)

The employer in every establishment in private sector or every establishment pertaining to

any class or category of establishments in private sector shall, before filling up any vacancy in any

employment in that establishment, report that vacancy or cause to be reported to such Career Centre

from such date as may be specified in the notification by the Government.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 19

(c)

The Government shall provide for mechanism (including digital) for receipt of vacancies

reported by the employers, Career Centre to which the vacancies are reported, would provide a

unique vacancy reporting number for the vacancy reported and convey it to the employer in writing,

through email or digitally or through any other such media immediately but in any case, not later

than three working days from the date of receipt of reporting of vacancies.

Explanation. - (1) Establishment in "public sector "means an establishment owned,

controlled or managed by, -

(i)

the Government;

(ii)

a Government company as defined in clause (45) of Section 2 of the

Companies Act, 2013 (Central Act No. 18 of 2013);

(iii)

a corporation (including a co-operative society) or an autonomous

organization or an authority or a body established by or under a Central or State

Act, which is owned, controlled or managed by the Government; and

(iv)

a local authority.

(2)

"Establishment in private sector" means an establishment which is not an

establishment in public sector and with ordinarily twenty or more employees or such

number of employees as may be notified by the Administration of Dadra & Nagar Haveli

and Daman & Diu.

(2)

Type of vacancies and respective Career Centre for reporting of vacancies. –

(a)

The following are the types of vacancies, namely-

(i) all vacancies in posts of Technical and Scientific nature carrying a

minimum pay or pay level or both as notified by Government occurring in

establishments in respect of which the Government is the appropriate

Government under the Code; and

(ii) Vacancies which an employer may desire to be circulated to the Career

Centres outside the State or Union Territory in which the establishment

is situated shall be reported to such Career Centre as may be specified by

the State Government by notification.

(b)

Vacancies which have been reported to the Career Centre and for which

recruitment is to be made on State or Inter-State or all India basis, shall also be

reported to Career Centre(Central) or uploaded on a digital portal as specified by

the Central Government by notification.

(3)

Form and manner of reporting of vacancies.-

(a)

The vacancies shall be reported in writing or through valid official email or

digitally to the Career Centre specified by the State Government.

(b)

The vacancies shall be reported in the format given at Form XX.IV,

furnishing as many details as practicable, separately in respect of each type of

vacancy.

(c)

Any change in the particulars already furnished to the Career Centre under

clause (a), shall be reported in writing or through official email or digitally, as the

case may be, to the specified Career Centre.

(4)

Time limit in the reporting of vacancies. -Vacancies, required to be reported to the

Career Centre, shall be reported at least fifteen days before the last date of receipt of the

applications of the prospective candidates for purpose of appointment or taking interview

or test against the vacancies reported.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 20

(5)

Maintenance of records. - (a) After the commencement of the Code, the employers

in every establishment in the public sector shall maintain records manually or electronically

or digitally about

(i)

total number of employees (regular, contractual or fixed term

employment) on 31stMarch of every year;

(ii)

persons recruited during the year ending on 31stMarch;

(iii)

occupational details of its employees on 31st March of every year;

(iv)

vacancies for which suitable candidates were not available during

the year ending on 31stMarch; and

(v)

approximate number of vacancies likely to occur during the next

financial year.

(b)

The Government may by notification, require that from such date as may

be specified in the notification, the employer in every establishment in private

sector or every establishment pertaining to any class or category of establishment

in private sector shall maintain records manually or electronically or digitally about

(i)

total number of employees (regular, contractual or fixed term

employment) on 31stMarch of every year;

(ii)

persons recruited during the year ending on 31stMarch;

(iii)

occupational details of its employees on 31st March of every year;

(iv)

vacancies for which suitable candidates were not available during

the year ending on 31st March; and

(v)

approximate number of vacancies likely to occur during the next

financial year.

(6)

Submission of returns. -An employer shall furnish to the concerned Career Centre yearly

returns in Form XXV, the yearly returns shall be furnished manually or, electronically, or digitally,

as the case may be, as specified by the Government in notification, within thirty days of the due

date i.e. 31st March of the year.

(7)

Declaration of Executive Officer. -The Director of Employment or an officer of equivalent

or above rank, controlling the work of Career Centres of the Government, shall declare in writing

an officer looking after the work of Career Centres as Executive Officer for the purpose of

enforcement and implementation of Chapter XIII of the Code. He shall be the officer who shall

exercise the rights and perform duties referred to in section 139 of the Code, or authorize any

person in writing to exercise those rights and perform duties.

(8)

Levy of penalty under the Chapter XIII of the Code. -The Director of Employment or an

officer of equivalent or above rank, controlling the work of Career Centres, of the Government

shall be the competent authority to approve institution or sanction the institution of levy of penalty

for an offence under the Code as mentioned in section 133.

CHAPTER XIII

MISCELLANEOUS

42.

Constitution of Fund.- (1) The Fund shall be known as the Dadra & Nagar Haveli and

Daman & Diu Social Security Fund and all the expenses towards the scheme(s) notified under sub-

sections (2) of section 109 for the Unorganised Workers, shall be met out of this fund. In addition

to the source of fund mentioned in clause (i) sub- section(5) of section 141, the amount received

from the following sources shall be credited to the Fund namely:-

(i)

amount given by the Administration of Dadra & Nagar Haveli and Daman & Diu

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 21

for the establishment of the fund;

(ii)

the amount of grant given by the Government of India, Administration of Dadra &

Nagar Haveli and Daman & Diu and other authorities and other statutory bodies;

(iii)

amount received for registration or renewal of beneficiaries and their contribution;

(iv)

amount received for implementation of the scheme notified by the Government of

India;

(v)

amount received for implementation of the scheme notified by the Administration

of Dadra & Nagar Haveli and Daman & Diu.

(vi)

contribution or donation or any other financial support from employer, their

association or from Corporate Social responsibility (CSR) Fund as determined by

the Administration of Dadra & Nagar Haveli and Daman & Diu by general or

special order;

(vii)

any other source which is approved by Government by notification in Official

Gazette.

(2)

The fund shall be administered by the Administration of Dadra & Nagar Haveli and Daman

& Diu through an agency designated by Government in the manner, as notified by the Government.

(3)

The directions of Government, if any shall be complied with by the agency designated for

the administration of the Dadra & Nagar Haveli and Daman & Diu Social Security Fund.

(4)

The statement of accounts of the Dadra & Nagar Haveli and Daman & Diu Social Security

Fund shall be maintained by the agency, in the form(s) and manner as specified by the Government

and shall be submitted to the Administration of Dadra & Nagar Haveli and Daman & Diu from

time to time.

(5)

The accounts of the Dadra & Nagar Haveli and Daman & Diu Social Security Fund shall

be audited by the Comptroller and Auditor General of India or any other agency as the Government

may notify.

43.

Submission of a copy of the Form to the office of the Director General, Labour

Bureau.-A copy of Form VIII (notice for Payment or Rejecting claim of Gratuity) shall be shared

electronically with the designated authority of Administration of Administration of Dadra & Nagar

Haveli and Daman & Diu and the Director General, Labour Bureau.

44.

Time limit for Central Board or the Corporation to provide its views on application for

exemption. –The Central Board or the Corporation, as the case may be, shall forward its views on the

application seeking exemption under section 143 to the appropriate Government within six months of

receipt of proposal for exemption. If the Central Board or the Corporation, as the case may be, is unable

to provide its views within the said period, the appropriate Government may extend the time limit or

take action on the application for exemption, as it may deem fit.

45.

Terms and conditions for compliance of exempted establishment. – (1) The establishment

to which exemption has been granted from the provisions of Chapter IV of the Code –

a. shall maintain such records regarding the exempted employees and submit such returns and

other information to the Corporation as may be specified in the regulations made under section

157;

and

b. in case of change of legal status of an establishment which has been granted exemption under

section 143, due to merger, demerger, acquisition, sale, amalgamation, formation into a

subsidiary, whether wholly owned or not, etc., the exemption shall be deemed to be cancelled

and the establishment shall be required to apply afresh for exemption to the appropriate

Government.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 22

(2) For the purposes of Chapter III, the establishment and/or employer, after the grant of exemption,

shall comply with all such terms and conditions as may be specified in the Provident Fund Scheme or

the Pension Scheme or the Insurance Scheme, as the case may be, framed under section 15.

46. Terms and conditions for management of the trust.–(1) A Board of Trustees shall be established

for the management of the Provident Fund or the Pension Fund according to such directions as may be

given by the Central Government or the Central Provident Fund Commissioner, as the case may be,

from time to time.

(2) The Board of Trustees shall consist of such equal number of representatives each of the employers

and employees as may be specified in the Provident Fund Scheme or the Pension Scheme, as the case

may be.

(3) The employer of such exempted establishment shall be the Chairperson of the Board of Trustees

and the Chairperson may exercise a casting vote in the event of equality of votes. However, arm’s length

principles shall be maintained by the Chairperson in all meetings of the Board of Trustees.

(4) The Board of Trustees shall meet at least once in every three months and shall function in the

accordance with the guidelines that may be issued from time to time by the Central Government or the

Central Provident Fund Commissioner or any officer authorised by him.

(5) The terms and conditions, including the tenure of office of the Trustees, the procedure and manner

for election or nomination of the representatives of the employees and of employers to the Board of

Trustees, disqualification and cessation of trusteeship, re-election or re- nomination of trustees, the

quorum at the meeting of the Board, records to be kept of the transaction of business and all such other

matters and conditions for the management of the Trust shall be as provided for in the Provident Fund

Scheme or the Pension Scheme, as the case may be.

(6) In case of any dispute or doubt on-

a. the interpretation of any provision of this rule, such matter shall be referred to the Central

Government; and

b. any clarifications on the grant of such exemption which do not relate to this rule, shall be referred

to the Central Provident Fund Commissioner or any other officer of the Employees’ Provident

Fund Organization authorised by him; and the interpretation of the Central Government or the

clarification of the Central Provident Fund Commissioner or such officers, as the case may be,

on such dispute or doubt shall be binding for the disposal of such matter so referred.

47. Manner of determining the Misuse of any benefit by an Establishment or by any other person

under Section 148 : ― On recommendation of the Authority or Competent Authority or Social Security

Organization, if the Government is satisfied that any establishment or any person has misused any

benefit provided to him under this Code or these rules, then the Government may by notification,

deprive such establishments or other person, as the case may be from such benefit for such time as may

be specified in the notification :

Provided that no such order shall be passed unless an opportunity of being heard is given to such

establishment or other person, as the case may be.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 23

FORM I

[See rule 16]

Appeal to Employees' Insurance Court

Sir,

The Authority,

(Appointed under the Code on Social Security, 2020)

….. (Address)

I. ......., the undersigned, employee of (Name and full address of the establishment)

*Feel aggrieved by the order of under sub section 7(a) of section 37 for the reasons attached hereto,

prefer this second appeal under sub-section 7(b) of section 37 and request that the said be ordered

……………………………………………………

A copy of the order of …………………………………………………………………... in this behalf

is enclosed.

Date .......................

Signature or thumb impression of the Aggrieved person,

Signature of an Attester in case the person

is not able to sign and affixes

thumb impression.

Form II

[See rule 17 (2)(i)]

the

Employees,

Insurance

Court

..............................................................

………………………………………………………………………………………….………

……………………………………………………

Applicant

(add description and residence) Against

……………………………………………………………………………………………………………

…………………………. Opposite Party (add description and residence) Other Particulars of

Application specified in rule 6(2)

………………………………………………………………………………………………………

……..

Signature of Applicant

Date

(verification by the applicant)

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 24

The statement of facts contained in this application is to the best of my knowledge and belief, rue

and correct.

Date .................... ………………….

Signature

FORM III

See Rule 17 (2) (iv) Employee's Insurance

Court at

Date of presentation of application

No of proceedings

Name

Applicant

Description

Place of residence

Particulars

opposite party

Amount of value, if any

Place of residence

Claim

Particulars

Amount or value, if any

When the cause of action accrued

Day of parties to appear

appearances

Applicant

Opposite-party

Date

final

For whom

Order

Date of Decision of appeal, if any

appeal

Judgment in appeal,

Date of application

executive

against whom

For what, and amount of money

Amount of costs

Date of order transferring to another civil

court

Other remarks, if any

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 25

FORM IV

[See rule 19 (1) (2))

Nomination

(Give here name or description of the establishment with full address) (Name in

full here)

I, Shri/Shrimati/Kumari whose particulars are given in the statement below, hereby nominate

the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity

standing to my credit in the event of my death before that amount has become payable, or having

become payable has not been paid and direct that the said amount of gratuity shall be paid in

proportion indicated against the name (s) of the nominee(s).

I, hereby certify that the person (s) mentioned is a/are member (s) of my family within the

meaning sub section (33) of section 2 of the code.

I hereby declare that I have no family within the meaning of sub-section (33) of Section 2

of the Code.

(a)

My father/mother/parents is/are not dependent on me.

(b) My husband's father/mother/parents is/are not dependent on my husband.

NOMINEE(S)

Name of full with

Full address

Relationship with the

Employee

Age of Nominee

Proportion by Which the

gratuity will be shared

STATEMENT

Name of the employee in full.

Sex.

Religion.

Whether unmarried/married/widow/widower.

Department/branch/section where employed.

Post held with ticket no., or serial no., if any

Date of appointment

Permanent address

Village,

Police Station,

sub-division

Post office,

district,

Date

State Place

signature/thumb-impression of the employee.

Declaration by witness

Nomination signed/thumb-impressed

before me Name in full and full address

Of witness

signature of witness 1

Certificate by the employer

Certified that the particulars that of the above nomination have been verified and recorded in the

establishment.

Employer’s reference no., if any

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 26

Signature of the employer/officer authorized

Designation

Date

name and the address of the

Establishment Or rubber stamp

thereof.

Acknowledgment by the employee

Received the duplicate copy of nomination in form ‘f’ filed by me and duty certified by the

employer.

Date

signature of the employee.

Note – Strike out the words and paragraphs not applicable

FORM V

[See rule 19(3)]

Fresh Nomination

To,

Give her name or description of the establishment with full address.)

I, sri/Srimati ………………………………... (name in full here) whose

particulars are given in the statement below, have acquired a family within the meaning of sub-

section (33) of section 2 of the code with effect from the ……………

……………... (date here) … in the matter indicated below and therefore nominate a fresh

person(s)mentioned below to receive the gratuity payable after my death as also the gratuity

standing to my credit in the event of my death before that amount has become payable or having

become payable has not been paid, direct that the said amount of gratuity shall be paid in

proportion indicated against the name(s) of the nominee(s).

I hereby certify the person(s) nominated is a/are member(s) of my family within the

meaning of sub-section (33) of section 2 of the code.

(a) My father/mother/parents is/are not dependent on me.

My husband's father/mother/parents is/are not dependent on my husband.

I have excluded my husband from my family by a notice, dated

the ........................ to the controlling authority in terms of the proviso to sub-section

(33) of section 2 of the code.

NOMINEE(S)

Name of full with

Full address

Relationship with the

Employee

Age of Nominee

Proportion by Which the

gratuity will be shared

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 27

Manner of acquiring a 'family'

(here give details as to how a family was acquired, i.e. whether by marriage or parents being rendered

dependent or through other process like adoption.) STATEMENT

Name of The Employee.

Sex.

Religion

Whether unmarried/married/widow/widower

Department/branch/section where employed

Post held with ticket no., or serial no., if any.

Date of appointment

Permanent address.

Village,

Police Station,

sub-division

Post office,

district,

Date

State Place

signature/thumb-impression of the employee.

Declaration by witness

Nomination signed/thumb-impressed before me

Name in full and full address of witness

signature of witness

Certificate by the employer

Certified that the particulars that of the above nomination have been verified and recorded in the

establishment.

Employer’s reference no., If any.

Signature of the employer/officer authorized

Designation

Date

Acknowledgment by the employee

Received the duplicate copy of nomination in form 's' filed by me on….., duty certified by the

employer.

Date

signature of the employee.

Note – Strike out the words and paragraphs not applicable.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 28

FORM VI

[See rule 19 (4)] MODIFICATION OF NOMINATION

To ……………………………………………………………………………

[Give here name or description of the establishment with full address]

I, Shri/Shrimati/Kumari [Name in full here] whose particulars are given in the statement below,

hereby give notice that the nomination filed by me on [date] and recorded under your reference

No …………………………dated shall stand modified in the following manner.

[Here give details of modifications intended]. STATEMENT

Name of employee in full.

Sex.

Religion.

Whether unmarried/married/widow/widower.

Department /Branch/Section where employed.

Post held with Ticket or Serial No. if any.

Date of appointment.

Address in full.

Place Signature/Thumb impression of the employer

Date:

DECLARATION BY WITNESSES

Modification of nomination signed/thumb impressed before me.

Name in full and full address of witnesses. Signature of witnesses

Place

Date

CERTIFICATE BY THE EMPLOYER

Certified that the above modification have been recorded. Employer's Reference No., if any.

Signature of the employer/officer authorized Designation

Name and address of the Establishment or rubber stamp

thereof.

ACKNOWLEDGMENT BY THE EMPLOYEE

Received the duplicate copy of the notice for modification in Form 'H' filed by me on... duly certified

by the employer.

Date

Signature of the employee

Note

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 29

FORM VII

[See rule 20(1) (i) and (ii) and (iii)]

Application for Gratuity by an Employee/Nominee/Legal Heir

(Strike out the words not applicable)

To,

……….………………………………………….. (Give

here

name

description

of the

establishment with full address) Sir/Madam I, (name of employee/ nominee/ legal heir) /nominee

of late (Name

of the employee)/ as a legal heir of late...(Name of the employee), beg to apply for payment of

gratuity to which I am entitled under sub-section (1) of section 53 of the Code on Social

Security,2020 on account of-

(a)

my superannuation/retirement/resignation after completion of not less than five

years of continuous service/total disablement due to accident/total disablement due to

disease/ on termination of contract period under fixed term employment with effect from the

or;

(b)

death of the aforesaid employee while in service/superannuation on ………….

after completion of …………… years of service/total disablement of the aforesaid

employee due to accident or disease while in service with effect from the or;

death of aforesaid employee of your establishment while in service/ superannuation

on …………………… (date) without making any nomination after completion of years

of service/total disablement of the aforesaid employee due to accident or disease while in

service with effect from ………………………

Necessary particulars relating to my appointment are given in the statement below.

Name of employee in full, (if, the gratuity is claimed by an employee)

Marital status of employee(unmarried/married/widow/widower)

Address in full of employee or

Name of nominee/legal heir, (if the gratuity is claimed by nominee/legal heir)

Name of Employee

Marital status of nominee/legal heir (unmarried/ married/ widow/ widower)

Relationship of nominee/legal heir with the employee

Address in full of nominee/legal heir

Date of death and proof of death of the employee

Reference No. of recorded nomination if available

Department/Branch/Section where last employed

Post held by employee.

Date of appointment.

Date and cause of termination of service

Date of Death

Total period of service of the employee

Total wages last drawn by the employee.

10.

Total gratuity payable to the employee/ share of gratuity claimed by a

nominee/legal heir.

11.

Payment may please be made by crossed bank cheque/credit in my bank account

no.....

Yours faithfully,

Place Signature/Thumb-impression of the

Date: applicant employee/nominee/legal heir.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 30

FORM VIII

[(See rule 20(2)(i)(a) (b) and rule 20(2)(ii)(iv)(v)]

Notice for Payment/Rejecting claim of Gratuity

(Strike out the words not applicable)

To, ……………………………………………………………………………..

(Name and address of the applicant employee/nominee legal heir)

You are hereby informed that

(a)

*as required under clause (b) sub-rule (2) of rule 8 of the Code on Social Security Rules, 2020,

that your claim for payments of gratuity as indicated on your application in Form VII under the said

rules is not admissible for the reasons stated below:

Reasons (Here specify the reasons); or

(b)

*as required under clause (a) sub-rule (2) of rule 8 of the Code on Social Security Rules,

2020 that a sum of Rs. (Rupees) is payable to you as gratuity/as your share of gratuity in terms

of nomination made by............ ................... on..................... and ................... recorded in

this as a legal heir of an employee of this establishment.

1. Please call at …………………. On ……………………….. (Here specify place)

………………………. (Date) at ……………….. (Time) for collecting your payment

of gratuity crossed cheque.

Amount payable shall be sent to you through demand draft or shall be credited in

your bank account as desired by you.

Brief statement of calculation

(a)

Date of appointment.

(b)

Date of termination/superannuation/resignation/ disablement/death.

(c)

Total period of service of the employee concerned: years months.

(d)

Wages last drawn:

(e)

Proportion of the admissible gratuity payable in terms of nomination/as a

legal heir:

(f)

Amount payable:

Place: Signature of the Employer/

Date: authorized officer.

Name or description of establishment or rubber stamp thereof.

Copy to: The Competent Authority in case of denial of gratuity.

Copy also to: Office of DG Labour Bureau, Ministry of Labour and Employment, Dadra & Nagar

Haveli and Daman & Diu.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 31

FORM IX

[(See rule 20(4)(1)(c)]

Application for Direction Before the Competent Authority for Chapter V under the

Code on Social Security, 2020

Application No.

Date BETWEEN

(Name in full of the applicant with full address) AND

(Name in full of the employer concerned with full address)

The applicant is an employee of the above-mentioned employer/a nominee of late an employee of

the above-mentioned employer/a legal heir of late..............................

and employee of the abovementioned employer, and is entitled to payment of gratuity under section

53 of the Code on Social Security, 2020 on account of his own/aforesaid employee's

superannuation on... (date)/his own retirement/ aforesaid employees' resignation on... (date)

completion of years of continuous service/his own/aforesaid

employees' total disablement with effect from (date) due to accident/disease death of aforesaid

employee on...................

1. The applicant submitted an application under Rule_ of the Dadra & Nagar Haveli Social

Security Rules, 2022 on the but the above- mentioned employer refused to entertain it/issued

a notice dated the under clause of Sub-rule of rule........................ offering an amount of gratuity

which is less than my due/issued a notice dated the under clause............. of sub-

rule......................... of rule............. rejecting my eligibility to payment of gratuity. The

duplicate copy of the said notice is enclosed.

2. The applicant submits that there is a dispute on the matter (specify the dispute).

3. The applicant furnishes the necessary particulars in the annexure hereto and prays that the

Competent Authority may be pleased to determine the amount of gratuity payable to the

petitioner and direct the above-mentioned employer to pay the same to the petitioner.

4. The applicant declares that the particulars furnished in the annexure hereto are true and correct

to the best of his knowledge and belief.

Date: Signature/Thumb impression of the applicant.

ANNEXURE

Name in full of applicant with full address

Basis of claim (Death/Superannuation/Retirement/Resignation/Disablement of Employee/

Completion of contract period under Fixed Term Employment)

Name and address in full of the employee

Marital status of the employee (unmarried/married/widow/widower)

Name and address in full of the employer

Department/Branch/Section where the employee was last employed (if known)

Post held by the employee with Ticket or SI. No., if any (if known)

Date of appointment of the employee (if known)

Date and cause of termination of service of the employee (Superannuation/ retirement

/resignation/disablement/death/Completion of contract period under Fixed Term Employment)

10. Total period of service by the employee

11. Wages last drawn by the employee

12. If the employee is dead, date and cause thereof

13. Evidence/witness in support of death of the employee

14. If a nominee, No. and date of recording of nomination with the employer

15. Evidence/witness in support of being a legal heir if a legal heir

16. Total gratuity payable to the employee (if known)

17. Percentage of gratuity payable to the applicant as nominee/legal heir

18. Amount of gratuity claimed by the applicant

Signature/Thumb-impression of the applicant

Place:

Date:

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 32

FORMX

[(See rule 20 (5)(a) & rule 20(8)]

Notice for Appearance before the Competent Authority/Summon (Strike out the words not

applicable)

(Name and address of the employer/applicant)

Whereas Sh./Smt. (name of employee) under you/a

nominee(s)/legal heir(s) of Shri... an employee under the above- mentioned employer, has/have

filed an application under sub- rule……… of rule.............of the Dadra & Nagar Haveli and

Daman & Diu) Social Security Rules, 2022 alleging that (A copy of the said application is

enclosed, if, summon is issued then copy of application is not required) Now, therefore, you are

hereby called upon/summoned to appear before the Competent Authority at.......................

(place)either personally or through a person duly authorized in this behalf for the purpose of

answering all material questions relating to the application on the.............................

..... day of ............20…. at 'O'clock in the forenoon/afternoon in support of/to

answer the allegation; and as the day fixed for your appearance is appointed for final disposal of

the application, you must be prepared to produce on that day all the witnesses upon whose

evidence, and the documents upon which you intend to rely in support of your allegation/defence.

Take notice that in default of your appearance on the day before-mentioned, the application will

be dismissed/heard and determined in your absence.

Whereas your attendance is required to give evidence/you are required to produce the documents

mentioned in this list below, on

behalf of

............ ............. in this case arising out of the claim of gratuity by.................. Form and referred

to this Authority by an application under section 56 of the code on Social Security, 2020, you are

hereby summoned to appear personally before this Authority on the.....................day of ......... 20.

At ............... 'O' Clock in the forenoon/afternoon and to bring with you for to send to this Authority)

the said documents.

List of documents 1.

3. so on

Given under my hand and seal, this ..............day of ..............20......

Competent Authority

under the Code on Social Security Code, 2020

Note:

1. Strike out the words and paragraphs not applicable.

2. The portion not applicable to be deleted.

3. The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons

served before the date fixed.

4. In case the summons is issued only for producing a document and not to given evidence it will

be sufficient compliance to the summons if the documents are caused to be produced before the

Competent authority on the day and hour fixed for the purpose.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 33

FORM XI

[(See rule 20 (11) and rule 20(12)(h)]

Notice for Payment of Gratuity as Determined by

Competent/Appellate Authority (Strike out the words not applicable)

(Name and address of employer)

Whereas Shri/Smt./Kumari of an employee ……………... (address) under you/a

nominee(s)/legal heir(s) of late an

employee

under you,

filed

application

under section 56 of the Code on Social Security, 2020, before me; or Whereas a notice was given

to you on

requiring you to make payment of Rs. Rupees to Shri/Smt./Kumari

gratuity under the Code on Social Security, 2021.

And whereas the application was heard in your presence on and after the hearing have

come to the finding that the said Shri/Smt./Kumari .......................................... is entitled to

a payment of Rs. as gratuity under the Code on Social Security, 2020; or Whereas you/the applicant

went in appeal before the appellate authority, who has decided that an amount of Rs is due to be

paid to Shri/Smt./ Kumari. ............................ as gratuity due and the amount as interest due under

the Code on Social Security, 2021. Now, therefore, I hereby direct you to pay the said sum of

Rs ....................................

Shri/Smt./Kumari

within thirty days of the receipt of this notice with an

intimation thereof to me.

Given under my hand and seal, this ……………………. day of …………... 20….

Competent Authority

under the Code on Social Security Code, 2021 Copy to:

1. The Applicant- He is advised to contact the employer for collecting payment.

2. The Appellate Authority if applicable. Note- (Strike out paragraphs if not applicable)

FORM XII

[(See Rule 20 (13)] Application for Recovery of Gratuity

Before the Competent Authority for Chapter V under the Social Security

Code, 2020.

Application No.

Date

BETWEEN

(Name in full of the applicant with full address)

AND

(Name in full of the employer/Trust/Insurer concerned with the full address)

The applicant is an employee of the above-mentioned employer/a nominee of late an

employee of the above-mentioned employer/a legal heir of late..................an employee of the

above-mentioned employer, and you were pleased to

direct the

said

employer

in your notice

dated the............................. of Dadra and Nagar Haveli and Daman

and Diu Social Security Rules, 20221 for payment of a sum of Rs_______ as gratuity payable

under the Code on Social Security,2021.

The applicant submits that the said employer failed to pay the said amount of gratuity to

me as directed by you although I approached him for payment.

The applicant therefore prays that a certificate may be issued under section 129 of the Code

for recovery of the said sum of Rs due to me as gratuity in terms of your direction.

Signature/Thumb-impression of applicant.

Place: Date:

Note. - Strike out the words not applicable.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 34

FORM XIII

[See rule 21(1)]

Application for Registration of an Establishment under sub-section (3) of Section 57.

Establishment Details.

Retrieve details of Establishment through LIN/Registration Number:

Name of Establishment:

Location and Address of the Establishment:

Others details of Establishment:

Total Number of employees engaged directly in the establishment:

Total Number of the contract employees engaged:

Total Number of Inter-State Migrant workers employed:

Ownership Type/Sector:

Activity as per National Industrial Classification (NIC):

Details of Selected NIC Code:

Identification of the establishment e-sign/ digital sign of employer/ representative:

Details of Employer: -

Name & Address of Employer/ Occupier/ Owner/ Agent/ Chief Executive-

Designation:

Father's/ Husband's Name of the Employer:

Email Address, Telephone& Mobile No:

Manager/ Agent Details

Full name & Address of Manager/ Agent or person responsible for supervision and

control of the Establishment;

Address of Manager/ Agent:

Email Address, Telephone& Mobile No:

Details of Approved Gratuity Fund/Insurance obtained for liability of payment towards

the Gratuity;

Others Details:-

Date: -

Place:

Signature/ E-sign/digital sign of employer

FORM XIV

[See rule 23(1)(a)]

Complaint to the Inspector-cum-Facilitator

The Inspector-cum-Facilitator

(Under The Code on Social Security, 2020)

Sir,

I (name of the women) employed in (name and full address

of the establishment) or I, (name), a person nominated under section 62 or by a legal representative

of ....................(name of the women) employed in·(name and full address of the establishment)

having fulfilled the conditions laid down in the code on Social Security 2020, and the rules

thereunder, an entitled to Rs being maternity benefit/ or Rs...................being the

medical bonus and/ or Rs. being wages for leave due under section 65 but the same has been

improperly

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 35

withheld by the employer/discharged or dismissed during or on account of her absence from work

in accordance with the provisions of this chapter VI of code on social Security,2020.

You are therefore requested, to direct the employer to pay the amount to me/ to set aside the

discharge or dismissal done by the employer.

Signature or thumb impression of the Woman/ nominee/ legal

representative

Date............

Signature of an Attester in case the woman/ nominee/ legal

representative is

unable to sign and affixes thumb impression. Full address of the

women/nominee/legal representative.

FORM XV

Appeal

[See rule 23 (2) (b)]

To,

The Authority,

Appointed under the code on Social Security, 2020)

…………………………………………... (Address)

Sir,

I ……………………... the undersigned, women employee of (name and address of the

establishment)

*Feel aggrieved by the order of inspector-cum-Facilitator under sub section (2) of the section 72 for the

reasons attached hereto, prefer this appeal under sub-section (2) of section 68 and request that the said

employer be ordered to pay the above-mentioned amount to me. A copy of the order of Inspector-cum-

facilitator in this behalf is enclosed; or

*Shri, Inspector-cum-Facilitator, having directed under sub section (2) of section 72 to pay the maternity

benefit or other amount being……… (nature of amount) to which………………... (name of woman)

is said to be entitled/ to set aside my discharge or dismissal during or on account of absence from work

in accordance with the provisions of this Chapter V of the Code on Social Security, 2020 (Strike out

unnecessary portion).

I prefer this appeal under sub-section (3) of Section 72. In view of the facts mentioned in the

memorandum attached hereto and other documents field herewith it is submitted that the woman is not

entitled to the maternity benefit or the said amount and hence the order of the Inspector-cum-Facilitator

in the copy which is enclosed, may be set aside.

*Strike out unnecessary portion.

Signature or thumb impression of the woman/

Aggrieved Person

Date …………

Signature of an Attester in case the woman is not able

to sign and fixes thumb impression. Full Address of the

nominee/ legal representative.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 36

FORM XVI

(Notice Book of the Accidents)

[See rule 26]

Name of the Establishment .................................................................

Nature of Business

...............................................................................

Date of opening ……..................................................................................

Registration

no (if any)- ....................................................................

Name of the employer/occupier .........................................................

Date

accident

Short

detail

s of

accident

Name

of the

injured

person

Whether

accident

resulted in

death

Whether

accident

resulted

total

disablem

ent

Whet

her

acciden

resulted

imparti

disable

ment

Whether

accident

resulted

temporar

disablem

ent

Amount

compens

ation

paid

employee

his

dependen

Amount

compens

ation

deposite

d to

compete

Authorit

Date of

payment

deposit

compensa

tion

FORM XVII

[See rule 28]

Statement of Fatal Accidents

To,

Competent Authority,

…………………

Sir,

I have the honor to submit the following statement of an accident which occurred in

(date), at (here enter details of premises) and which resulted in the death of the employee/ employees

of whom particulars are given in the statement annexed.

The circumstances relating to the death of the employee/employees were as under: -

a. Time of accident.

b. Brief History of Accident

c. Place where the accident occurred.

d. Manner in which deceased was/were employed at the time.

e. Cause of the accident

f. Accident reported at the local police station (Copy of FIR if any)(Y/N)

g. Any Other Relevant Information

I am responsible for payment of compensation.

Details of employee ................................

Name of the employee ................

Age of the employee ....................

Wages of the employee ..................

The establishment is not responsible for payment of compensation due to reasons

mentioned below

…………………………………………………………..

(Signature and designation of person making

the statement)

Name:

Mobile:

Address:

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 37

FORM XVIII

[See rule 29]

Memorandum of Agreement

It is hereby submitted that on the ……………... day of 20

personal injury was caused to

residing at by accident arising out of and

In the course of his employment in

. The said injury has resulted in permanent disablement to the

said workman of the following nature, namely: - The said employee’s monthly wages are estimated at

Rs. The employee is over the age of 15 year/ will reach the age of 15 years

on ………………………………. The said employee

Has, prior to the date of the agreement, received the following payments, name: -

Rs. ............................. on ………………… Rs. on ……………………..

Rs. ……………………. on …………………… Rs. on ………………………

It is further submitted that the employer of the said employee has agreed to pay, and the said employee

has agreed to accept, the sum of Rs…………...in full

Settlement of all and every claim under the Code on Social Security, 2020 in receipt of the disablement

stated above and all disablement now manifest. It is therefore requested that this memorandum be duly

recorded.

Dated…………...20…...

Signature of employer Witness

Signature or employee

Note – Application to register an agreement can be presented under signature of one party: provided

that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled in when the money has actually been paid)

In accordance with the above agreement, I have this day received the sum of Rs……………..…….

Dated…………. 20……...

Employee

The money has been paid and this receipt signed in my presence.

Witness

Note - This form may be varied to suit special cases, e.g. injury by occupational disease, agreement

when employee is under legal disability, etc.

FORM XVIII-A

[See Rule 29(1)]

Memorandum of Agreement

It is hereby submitted that on the ................................................... day of 20 personal

injury was caused to .......................residing at by accident arising out of said in the course of

employment in The said injury has resulted in temporary disablement to the said employee, who is

at present in receipt of wages amounting to Rs. per month/no wages.

The said employee's monthly wages prior to the accident are estimated at Rs

The employee is subject to a legal disability by reason of.

It is further submitted that the employer of the employee has agreed to pay and on behalf of the

said employee has agreed to accept half-monthly payments at the rate of Rs......................for the

period of the said temporary disablement. This agreement is subject to the condition that the

amount of the half-monthly payments may be varied in accordance with provisions of the said Act

on account of an alteration in the earnings of the said employee during disablement. It is further

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 38

stipulated that all rights of commutation under Section 7 of the said Act are unaffected by this

agreement it is therefore requested that this memorandum be duly recorded.

Dated…………. 20….

Signature of employer Witness

Signature of employee Witness

Note-An application to register and agreement can be presented under the signature of one party:

provided that the other party has agreed to the terms. But both signatures should be appended,

whenever possible.

Receipt (to be filled in when the money has actually been paid).

In accordance with the above agreement, I have this day received the sum of Rs……… Employee

Dated………...20.

The money has been paid and this receipt signed in my presence.

Note- This form may be varied to suit special cases, e.g. injury by occupational disease etc.

FORM XVIII-B

[See rule 29(1)]

Memorandum of Agreement

It is hereby submitted that on the ……………... day of ………20……. Personal injury was

caused to ………. residing at………... by accident arising out of and in the course of his employment

in………… The said injury has resulted in death to the said workman. The Said employee’s monthly

wages are estimated at Rs……………. The employee is over the age of 15 years will reach the age of

15 years on………….. The said employee has, prior to the date of the agreement, received the

following payments, namely: -

Rs. ............................. on ………………… Rs. on ……………………..

Rs. ……………………. on …………………… Rs. on ………………………

It is further submitted that the employer of the said employee has agreed to pay, and dependent

(s) of the said employee has agreed to accept, the sum of Rs....... in full settlement of all and every

claim under the Code on Social Security, 2020 in receipt of death stated above. It is therefore

requested that this memorandum be duly recorded.

Dated ………………. 20 ……….

Signature of Employer Witness

Signature of dependent(s)

Note- Application to register an agreement can be presented under signature of one party: provided

that the other party has agreed to the terms. But both signatures should be appended, whenever

possible.

Receipt (to be filled in when the money has actually been paid)

In accordance with the above agreement, I have this day received the sum of Rs...................

Dated ................... 20......

Dependent(s) The money has been paid and this receipt signed in my presence.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 39

FORM XIX

[See rule 29(2)]

Whereas an agreement to pay compensation is said to have been reached between ................... and

.............and whereas has/have applied for registration of the agreement under Section 89 of the

Code of Social Security, 2020. Notice is hereby given that said agreement will be taken into

consideration on………., and that any objections to the registration of the said agreement should

be made on that date. In the absence of valid objections, it is my intention to proceed to the

registration of the agreement.

Dated

……….

Competent Authority

FORM XX

[See rule 29(5)]

Sr.

No.

Date of

agreement

Date of

registration

Employer Employee

Initial of

competent

authority

Reference to orders Of

Rectifying the register

FORM XX(i)

[See Rule 31(1)]

Application for Compensation by employee

To Competent Authority for Employee’s

Compensation …………………………………. Residing

at,………………………………………. Applicant,

Versus

……………………………………………………………..

Residing at,……………………………… opposite party.

It is hereby submitted that –

(1)

The applicant, an employee employed by (a contractor with) the opposite party on

the…………… day of 20…… received personal injury by accident arising out of and in the course of

his employment.

The cause of the injury was (here insert briefly in ordinary language the cause of the injury).

(2)

The applicant sustained the following injuries, namely:

………………………………………………………………………………………………

(3)

The monthly wages of the applicant amount to Rs…………... the applicant is over/under the

age of 15 years.

(4)

(a)

Notice of the accident was served on the ……………………… day of

………………….

(b)

Notice was served as soon as practicable.

(c)

Notice of the accident was not served (in due time) by reason of …………………

(5)

The applicant is accordingly entitled to receive –

Half-monthly payment of Rs …………………… from the………. Day of………...

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 40

20…..., to……... day of……… 20

A lump sum payment of Rs ……………………

(6)

The applicant has taken the following steps to secure a settlement by agreement, namely

………………… but it has proved impossible to settle the questions in dispute because

………………………………………….

*You are therefore, requested to determine the following questions in dispute, namely

–

(a)

Whether the applicant is an employee within the meaning of the code;

(b)

Whether the accident arose out of or in th ecourse of the applicant’s employment;

(c)

Whether the whole or any part of the amount of compensation claimed is due;

(d)

Whether the opposite party is liable to pay such compensation as is due;

(e)

Etc. (as required).

Dated …………...20……………………………………………………………. Applicant

FORM XXI

[(See rule 39(1)(a)]

Name of establishment

Serial Number.

Name of woman and her father's (or, if married, husband's) name.

Date of appointment.

Nature of work.

Dates with month and year in which she is employed, laid off and not employed.

Month No. of

days employed

No. of days

laid off

No. of days not

employed

Remark

Date on which the woman gives notice under section 62.

Date of discharge/dismissal, if any.

Date of production of proof of pregnancy under section 62.

Date of birth of child.

10.

Date of production of proof of delivery/miscarriage/Medical Termination of pregnancy/

tubectomy operation/death/ adoption of child.

11.

Date of production of proof of illness referred to in section 65.

12.

Date with the amount of maternity benefit paid in advance of expected delivery.

13.

Date with the amount of subsequent payment of maternity benefit.

14.

Date with the amount of bonus, if paid, under section 64.

15.

Date with the amount of wages paid on account of leave under section 65(1) & 65(3).

16.

Date with the amount of wages paid on account of leave under section 65(2) and period

of leave granted.

17.

Name of the person nominated by the woman under section 62.

18.

If the woman dies, the date of her death, the name of the person to whom maternity

benefits and/or other amount was paid, the amount thereof, and the date of payment.

19.

If the woman dies and the child survives, the name of the person to whom the amount of

maternity benefit was paid on behalf of the child and the period for which it was paid.

20.

Signature of the employer of the establishment authenticating the entries in the register of

women employees.

21.

Remarks column for the use of the Inspector-cum-Facilitator.

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 41

FORM XXII

[(See Rule 39(3))] Unified Annual Return

General Part

(a) Name of the establishment

……………………………………………………………………………………………

Address of the establishment:

House No./ Flat No. ………………………………………… State………….pin

code………….

(b) Name of the employer …………………………………………………….

Address of the employer:

House No./Flat No………… Street No./Plot

No. …………………………………..

Town ……………….. District………….. State………………… pin

code ………………… E-mail Id …………… Telephone Number …………………

Mobile number ………………………

……………………………………………………………………………………………

……………. Address:

House No./Flat No …………………….. Street No./ Plot No …………………..

Town……………….. District…………… State……………… pin code…………..

E-mail ID ………………….. Telephone Number …………………. Mobile

Number………………….

Employer’s Registration/License number under the codes mentioned in column (2) of the

table below:

S. No. Name Registration If yes (Registration No. )

01.

The code on Occupational Safety

Health and working

The Code on Social Security 2020.

Any other Law for the time being

In force.

Details of Employer, Contractor and Contract Labour:

(a)

Name of the employer in the case of a contractor’s establishment.

(b)

Date of commencement of the establishment.

(c)

Number of Contractors engaged in the establishment during the year.

(d)

Total Number of days during the year on which Contract Labour was emp

(e)

Total number of man-days worked by Contract Labour during the year.

(f)

Name of the manager or Agent (in case of mines).

(g)

Address House No./Flat No. Street/ Plot No. Town District E-mail ID

State Telephone Number Pin Code Mobile Number

Working hours and weekly rest day:

(a)

Number of days worked during the year.

(b)

Number of man days worked during the year.

(c)

Daily hours of work.

(d)

Weekly day of rest.

Maximum number of persons employed in any day during the year:

SI. No Males Females Adolescents (between the Children (below 14 Total age of 14 to 18 years.)

years of age.)

Wage rates (Category Wise):

Category Rates of No. of workers

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 42

Wages Regular

Contract

Male Female Children Adolescent Male Female Children Adolescent

Highly:

Skilled:

Semiskilled:

Unskilled:

(a)

Details of Payment:

Gross wages paid Deductions Net wages paid

In cash in kind Fines Deductions for damage or loss Others In cash in Kind

(b)

Number of workers who were granted leave with wages during the year:

SI. No. During the year Number of workers Granted leave with wages

Details of various welfare amenities provided under the statutory schemes:

SI. No. Nature of various welfare amenities provided Statutory (specify the statute)

Maternity Benefit under the Code on Social Security, 2020:

(a)

Details of establishment, medical and Para-medical staff:

01 Date of opening of establishment

Date of closing, if close

Name of Medical Officer

03(i)

Qualification of Medical Officer

03(ii) is Medical Officer at (the mines or circus)?

03(iii) if a part time, how often does he/she pay visit to establishment?

03(iv) is there any Hospital?

03(v)

if so, how many beds are provided?

03(vi) Is there a lady Doctor?

03(vii) if so, what is her qualification?

03(viii) is there a qualified mid-wife?

03(ix) Has any creche been provided?

(b)

Leave Granted under the Code on Social Security, 2020 01 Total Number of female

employees in the establishment 02 Total number days of leave granted

03.

Number of employees granted maternity leave/ benefited by ESI

Declaration

It is to certify that the above information is true and correct and also I certify that I have complied

with the all provisions of Labour Laws applicable to my establishment.

Place:

Sign. Here

Date:

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 43

FORM XXIII

Part I

[See rule 40 (1)]

Notice to the Employer who committed an offence for the first time for compounding of offence

under subsection (1) of section 138 of the Code on Social Security, 2020

Notice No………….

Date:

To,

……………………………

This is to inform you that your establishment M/s. …………………………… was inspected by

Inspector-cum-Facilitator on Dt: ……………………… at On the basis of records and documents

produced before me, the undersigned has reasons to No…..), have committed offence for the Rules or

the Regulations framed there under as per the details given below:

Name of the Person:

Name and Address of the Establishment:

Registration No of the Establishment:

Particulars of the offence:

Provisions of the Code

/Scheme/ Rules/ Regulations

Under which the offence I committed:

Compounding amount required to be paid towards composition of the offence

Name and Details of Account for depositing the Amount specified in Column

PART – II

In view of the above, And as per provisions of sub-section (1) of Section 138 read with Sub-Rule (1) of

Rule 28 you have an option to pay the above-mentioned amount within fifteen days from the date of

issue of this notice and return the application duly filled in Part-III of this notice. The compounding

amount mentioned in Columns 6 of Part 1 of this notice through treasury challan or electronically on

the designated web portal of the Government of Dadra & Nagar Haveli and Daman & Diu as the case

may be. In case the said amount is not paid within the specified time, necessary action for filing of

prosecution shall be initiated without giving any further opportunity in this regard.

(Signature of the Compounding Officer)

PART – III

FORM XXIII

[See rules -40(2)]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 138 FOR

COMPOUNDING OF OFFENCE

To,

Compounding Officer,

………………………..

Kindly refer to your notice no. dated I/we hereby applying for composition of Offence. I have

deposited Rs… /- as the amount of Composition by depositing Through Treasury Challan in the

account as per column 7 of Part 1 of the notice No……………..

Dated: or electronically on the designated web portal of the U.T of Dadra & Nagar Haveli and

Daman & Diu. Kindly accept my application and close the proceeding under the Code. Dated:

Enclosure: The Treasury Challan/ Payment receipt of electronic Payment.

(Signature)

Name of the Applicant

(1)

Name of the establishment………………………..

(2)

Address of Establishment………………………..

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 44

Part IV Form XXIII

Composition Certificate

[See Rule 40 (3)]

Ref: Notice No…………….

Date:

This is to certify that the offence under section………… of the Code and Rule. In respect of which

Notice No. Dated: was issued to Sh………….. (Applicant), the employer of M/s……….. (name and

Registration Number of establishment) has been compounded on account of remission of full amount

of Rs. (Rupees) towards the composition of offences to the satisfaction of the said Notice.

Date:

Place:

(Signature) Name and Designation of the Officer

FORM XXIV

[See rule 41(3)(b)]

Form for Reporting Vacancies to Career Centres (Separate forms to be used for each type of posts)

Particulars of the employer: Name:

Address with pin code:

Telephone No:

Mobile No:

Email Address:

Name & Type of Establishment

(Central Government, State Government, PSU, Autonomous, Private, etc)

Registration No of establishment under Code:

Particulars of the indenting Officer: Name: Designation: Telephone No.: Mobile No.: Email

Address:

Particulars of vacancy(ies):

a. Designation/nomenclature of the vacancy(ies) to be filled

b. Description of duties of the post(job role/ functional role)

c. Qualifications/ Skills required (educational, technical, Essential Desirable/ experience)

Preferable

i. Educational Qualifications

ii. Technical Qualification

iii. Skills

iv. Experience

d. Age Limits, if any

(Age as on last date of application)

e. Preferences (such as Ex-servicemen, persons with disabilities, women, etc) if any

f. Duration of employment

i. 3-6 months Number of post

ii. 6-12 months

iii. 12 months and more

Whether there is any obligation for arrangement for giving reservation/ preference to any

category of persons such as Scheduled Caste(SC), Scheduled Tribe(ST), Economically Weaker Section

(EWS), Other Backward Classes (OBC)

Ex- serviceman and persons with disabilities (pwd) , etc, in filling up the vacancies: Yes/ No (if

yes, give the number of vacancies to be filled by such categories of persons as detailed below)

EXTRAORDINARY No. 52 THE GAZETTE OF DNH & DD

Page 45