Jharkhand Gazette, No. 394, 16 November 2021

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SS Code-20)-57/2020 -802, ,

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Draft Rules

In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor of Jharkhand is pleased to order the publication of the following English translation of notification

No …………………………

Ranchi, Dated ……………….

THE following draft rules which the Governor of Jharkhand proposes to make in exercise of the powers under sub-section (1) of section 154 and 156 of the Code on Social Security, 2020 (Act no. 36 of 2020) in supersession of the.-

1- The Jharkhand Workmen's Compensation Rules, 1924

2- Jharkhand Maternity Benefit Rules, 1964

3- Payment of Gratuity (Jharkhand) Rules, 1972

4- Jharkhand Building and Other Construction (Regulation of Employment and Conditions of Service) Rules, 2006, and

5- The Jharkhand Unorganized Workers Social Security Rules, 2013( 79 made by Governor in exercise of the powers conferred by The Employees Compensation Act, 1923, The Maternity Benefit Act, 1961, The Payment of Gratuity Act, 1972, The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and The Unorganized Workers Social Security Act, 2008, are hereby published as required under sub-section (1) of Section 154 and sub-section (1) of Section 156, for information of all concerned and with a view to invite objections and suggestions in respect thereof;

All objections and suggestions with respect to said rules should be sent in duplicate addressed to Labour Commissioner, Jharkhand, Shram Bhawan, Doranda, Ranchi–834002. or on [email protected] Only those objections and suggestions which are received within thirty days from the date of publication of the notification shall be taken into consideration.

DRAFT

The Code on Social Security (Jharkhand) Rules, 2021

Chapter- I

PRELIMINARY

1. Short title, and commencement-

(1) These rules may be called The Code on Social Security (Jharkhand) Rules, 2021

(2) They shall come into force on the date of their publication in the

Official Gazette.

2. Definitions-

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

a. "Code" means the Code on Social Security , 2020;

b. "Section" means the section of the Code;

(2) The words and expressions used in these rules which are not⁸⁰ ( defined therein, but are defined in the Code, shall have their

respective meaning as assigned to them in the Code.

CHAPTER II

SOCIAL SECURITY ORGANISATIONS

PART-I

JHARKHAND UNORGANIZED WORKER'S SOCIAL SECURITY BOARD

3. Manner of exercising the powers and performance of the functions by the Jharkhand

Unorganized Worker's Social Security Board under sub-section (9), the manner

of nomination of members, their term of office and other conditions of service,

procedure to be followed in the discharge of their functions and manner of

filling vacancies under sub- section (12) and time, place and rules of procedure

relating to the transaction of business under sub-section (14) of section 6.-

(1) Constitution of the Jharkhand Unorganized Worker's Social Security Board.-

a) The Board constituted under section 6 shall be called as the Jharkhand Unorganized Worker's Social Security Board'

b) A member, other than an ex-officio member, shall hold office for a period not exceeding three years from the date of his nomination.

c) A member shall be eligible for re-nomination:

Provided that a member shall not hold the office for more than total of two terms.

d) State Government may seek nomination from amongst the representatives of associations of unorganised sector workers and employers' associations of unorganised sector, in the Jharkhand Unorganised Workers Social Security Board, in the category of sub-clauses (i) and (ii) of clause (d) of sub-section (10) of section 6 in such a manner, as decided by the Government.

e) The Sate Government shall seek nomination of two Member of Legislative( 81 Assembly from the Speaker of Legislative Assembly under sub- clause (iii) of clause (d) of sub-section (10) of section 6, as the case may be.

f) The State Government shall nominate five persons under sub-clause (iv) of clause (d) of sub-section (10) of section 6 from amongst persons of eminence in the field of labour welfare, management, finance, law and administration.

g) The State Government shall nominate ten Members under sub-clause (v) of clause (d) of sub-section (10) of section 6 representing Departments of State Government, concerned with the matters related to the welfare of the unorganised sector workers.

h) The State Government shall notify in the official gazette, an officer to be Member-Secretary of Jharkhand Unorganized Worker's Social Security Board not below the rank of Joint Labour Commissioner under clause (e) of sub-section (10) of section 6.

i) A member nominated under sub-clauses (i), (ii) and (iv) of clause (d) of sub- section (10) of the section 6, shall cease to be a member of the Board if he ceases to represent the category of interest from which he was so nominated:

Provided that out of seven persons nominated under sub-clause (i), one member each from the Scheduled Caste, the Scheduled Tribe, the Minorities and Women shall be represented.

j) A member nominated under sub-clause (iii) of clause (d) of sub-section (10) of the section 6 shall cease to be a member of the Board if he ceases to be a member of the Legislative Assembly by which he was so elected.

k) No person shall be chosen as, or continue to be, a member of the Board, if such person attracts any provision(s) of section 8.

(2) Reconstitution of the Board:-

(a) State Government shall initiate the process for reconstitution of the⁸² ( Jharkhand Unorganized Worker's Social Security Board, prior to six months of expiry of the term of the Board.

(b) If the new Board is not re-constituted after completion of the term of the Board, such arrangements may be made for discharging the function of the Board as may be decided by the State Government for the period till the new Board is constituted, through a notification.

(c) Consequent upon institution of such arrangement, all actions taken shall have the same effect as if it has been carried out by the Board itself.

(3) Resignation.-

(a) A member of the Board, not being an ex-officio member, may resign by a letter in writing addressed to the State Government.

(b) 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.

(c) The power to accept the resignation of a member shall vest with the State Government.

(4) Change of Address.- If a member changes his address, he shall notify his new address to the Member- Secretary of the Board who shall thereupon enter his new address in the official records:

Provided that if a member fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member's correct address.

(5) Manner of filling vacancies.- When a vacancy occurs or is likely to occur in the membership of the Board, Member Secretary of the Board shall submit a report to the State Government and on receipt of such report, the State Government may, by notification, nominate a person to fill the vacancy in the manner prescribed under sub-rules (1) of rule 3 above, and the person so( 83 nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated.

(6) Procedure for removal of a Member from the Jharkhand Unorganized

Worker's Social Security Board.-

i. During the pendency of the proceeding, if any, under clauses (b) and (c) of sub-section (2) of section 8, for removal of a member of the Jharkhand Unorganized Worker's Social Security Board, such member shall abstain from the meeting(s) of the Board.

ii. The decision of the State Government, on the debarment, disqualification and removal of any member under section 8, shall be final.

(7) Allowances of members:

i. 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.

ii. The non-official members of the Board shall be entitled to the payment of travelling and daily allowance for attending the meeting of the Board as admissible to the group 'A' officer of the Government of Jharkhand.

(8) Disposal of the Business.- (i) 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 the 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.

(ii) Every decision taken at the meeting of the Board shall be recorded in writing.

(9) Meeting.

i. The Board shall meet at such places and at such times as may be decided by the Chairperson.

ii. The Board shall meet once in three months.

iii. In case of any matter of urgency special meetings may be called by the Chairperson after informing the members in advance about the subject-matter of discussion and the reasons of urgency .

iv. In case of any matter of urgency meeting by circulation or other mode may be held.

v. The Chairperson shall preside over every meeting of the Board in which he is present and in his absence the meeting of the Board shall be chaired by the Vice-Chairperson.

(10) Notice of meeting and list of business.-

i. Ordinarily, fifteen days 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 shorter period.

ii. 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.

(11) Quorum.-

i. No business shall be transacted at any meeting of the Board unless at least ten members are present in that meeting:

Provided that if at a meeting, less than ten 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( 85 whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending

ii. The Chairperson may debar 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 to and consent of the Chairperson, or

b. in the view of the State Government, such member has ceased to represent the interest which he purports to represent on the Board.

(12) Headquarter of the Board.- The headquarter of the Board shall be at the place determined by the State Government.

(13) Constitution of Fund under Clause (ii) of sub-section (5) of

Section 141:- In addition to source of fund mentioned in Clause sub-section (5) of Section 141 the amount received from the

following sources shall be credited to the Fund:-

i. Lump sum amount given by the State Government for the establishment of the fund.

ii. The amount of grant given by the Government of India, the State Government and other authorities and statutory bodies.

iii. Amount received for registration/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 State Government.

vi. Contribution or donation or any other financial support from employer, their association or from Corporate Social Responsibility Fund (CSR) as determined by the State Government by general or special order.

(14) Administration of the Fund.-

i. All the fund received under Clause (i) and (ii) of sub-rule-(13) of rule 3 shall be kept in a separate Bank Account in a Scheduled Bank and be called as Jharkhand Unorganized Workers Welfare Fund.

ii. Fund shall be administered and transacted by the Board.

iii. The Bank Account of the Fund shall be operated in such a manner as determined by the State Government by General or Special Order.

iv. The fund of the Social Security Board shall be expended for the implementation of the welfare schemes for Unorganized Workers, of the State and Central Government and for meeting out Administrative Expenses of the Board but limit of the Administrative expenses shall not be more than ten percent of expenditure on scheme.

v. The Accounts of the fund shall be audited in accordance with the instruction issued by the State Government every year.

PART-II

JHARKHAND BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE BOARD

4. The terms and conditions of appointment and the salaries and other

allowances payable to the chairperson and the other members of the Jharkhand

Building and Other Construction Workers' Welfare Board and the manner of filling

of casual vacancies of such members, under sub-section (4), the terms and

conditions of appointment and the salary and allowances payable to the Secretary

and the other officers and employees of the said Board under clause (c) of sub-

section (5) of section 7;

(1) Composition of Board:-

i. The chairperson of Jharkhand Building and Other Constriction( 87 Workers Welfare Board shall be an officer not below the rank of Labour Commissioner.

ii. State Government shall nominate fifteen members in Jharkhand Building and Other Construction Workers' Welfare Board in which there shall be five representatives of departments of State Governments, five representatives of building workers, five representatives of employers of building workers. There shall be at least one woman member.

iii. The representatives of departments of State Government shall be Officer not below the rank of Joint Secretary from departments of Urban Development and Housing, Planning- Cum-Finance, Road Construction, Women, Child Development and Social Security and School Education and Literacy.

(2) Term:-

i. The terms of Board shall be three years from the date of its constitution, but it shall continue till the reconstitution and its decision shall not be deemed invalid on the ground that term of the Board has been expired.

ii. The term of the members of the Board shall be co-existing with the term of the Board.

iii. The non-official members of the Board shall hold office at the pleasure of the Government of Jharkhand.

iv. The Members nominated under sub-section-(3) of Section 7 shall be removed from the Board if they cease to represent the interest for which he was nominated.

v. All nominated members shall be eligible for re-nomination for one more term.

(3) Manner of filling of vacancies:- When a Vacancy occurs for any reason or likely to occur in the membership of the Board, the Member Secretary shall submit a report to the State Government who shall take steps to fill the vacancy from amongst the category of person, to which the person vacating membership belongs⁸⁸ ( and the person so nominated shall hold office for the remainder of the term of the office of the member whose place he is appointed.

(4) Salary and allowances to Chairperson and non-official members:-

i. Non official members shall be entitled for travelling allowance and daily allowance at the rate admissible to group 'A' officers of State Government. ii. Salary and allowances to the Chairperson of the board shall be fixed by State Government by general or special order.

(5) Conditions of appointment, salary and allowances of secretary and

other officers and staff of the Board :-

i. Board with the prior approval of State Government shall appoint a person not below the rank of Joint Labour Commissioner as Secretary of the Board.

ii. Board with the prior approval of State Government shall appoint other staff for disposal of functions of the Board.

iii. Secretary of the Board, other officers and staff shall be appointed in the manner determined by State Government by general or special order and they shall be paid allowances fixed by the State Government.

(6) Other welfare measures and facilities under clause (j) of sub-section (6)

of section 7.-

i. Board with the prior approval of State Government shall notify social security scheme and welfare measures prescribed in clause (a) to clause (f) of sub-section (6) of Section 7

ii. Board shall formulate social security schemes and welfare measures in which eligibility limit, rate of various benefits, application form and procedure, determination of competent authority for sanction of benefit and manner of payment and other incidental matters and shall forward to State Government for approval.

CHAPTER III

Jharkhand Employees Insurance Courts Rules

5. Manner of filing second appeal under clause (b) of sub-section (7) of section 37:-

(1) The memorandum of appeal under clause (b) of sub-section (7) of section 37 of the code shall be submitted to the Industrial Tribunal Constituted under section 44 of the Industrial Relation Code, 2020; with a copy thereof to the opposite parties either through delivery in person or under registered post acknowledgement due or electronically.

(2) The Memorandum of appeal shall contain the facts of the case, the decision of the medical appeal tribunal, the grounds of appeal and the relief sought.

(3) There shall be appended to the Memorandum of appeal a certified copy of the finding of the medical appeal tribunal.

(4) On receipt of the copy of Memorandum of appeal, the medical appeal tribunal shall forward records of the case to the appellate authority.

(5) 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.

(6) 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.

6. Manner of commencement of proceedings before the Employees' Insurance

Court, fees and procedure thereof under sub-section (1) of section 51.-

(1) Every proceeding under Section 49 of the code shall be instituted by presentation of an application in FORM-I before the Industrial Tribunal Constituted by the government of Jharkhand under section 44 of the Industrial Relation Code, 2020; by the Corporation, Aggrieved person or the employer of an establishment as the case may be.

(i). Every such application shall contain the facts constituting the cause of⁹⁰ ( action and the date when it arose, grievance in brief and shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by three copies thereof.

(ii). An application under Section 51 shall contain the following particulars:-

(a) the name of the Court in which the application is brought;

(b) the full name, description including age, occupation and complete address of the applicant and the opposite party (s); (c) where the applicant or the opposite party is a minor or a person of unsound mind, a statement to that effect and the full name, age, occupation and address of his or her next-of kin, or any other person authorized to act on his or her behalf;

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

(e) the facts showing that the Court has jurisdiction;

(f) the relief which the applicant claims.

(2) All the documents on which the application is based or has desired by applicant shall be appended to application with an accurate list thereof;

(3) All application shall be entered in a register in Form- II to be maintained by the Court.

(4) Written statement. –

a) The opposite party may, and, if so required by the Court, shall, at or before the first hearing or/within such time as the Court may permit, present a written statement of his defence alongwith the documents on which he relies and an accurate list thereof.

b) Every such written statement shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof.

c) In every written statement submitted under clause (a) the opposite party( 91 shall deal specifically with each allegation of fact alleged by the applicant, or which he admits or does not admit or denies the truth. The written statement must also contain all matters which show that the application is not maintainable and all such grounds of defence as, if not raised, would be likely to take the applicant by surprise or would raise issues of fact not arising out of the application as, for instance, fraud, undue influence or coercion, release, payment, performance or facts showing illegality of the transaction.

(5) Failure to present written statement called for by the Court. - Where any

party from whom a written statement is required fails to present the same within the time prescribed by the Court, the Court may pronounce judgment against it or make such order in relation to the proceeding as it thinks fit

7. Proceeding of Employees Insurance Court.

(1) Every application to the Court shall be brought within twelve months on which the cause of action arose or as the case may be, the claim become due;

Provided that the Court may entertain an application after the said period of six months if it is satisfied that applicant has sufficient reason for not making the application within the said period.

(2) Where at any stage it appears to the Court that the application should have been presented to another Court within the state, or should be entertained by another Court, the first Court shall send the application 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 application or file is transferred shall continue the proceedings as if the previous proceedings or any part of it had been taken before it.

(3) The Court shall follow the rules of Code of Civil Procedure 1908 (Act- number 5 of 1908) in respect of summoning of the parties, service of⁹² ( summon, procedure of hearing, framing of issues, statement and production of evidence, method of recording evidence, cross examination of witness and other related matters.

(4) Execution. –

(a) Any person in whose favour an order has been passed shall, within one year from the date of the order, apply to the Court which made the order for its execution.

(b) On such application being made, the Court shall send the same together with the necessary record to a Civil Court, of competent jurisdiction, for its execution and such Civil Court shall have the same power in executing such order as if it had been passed by it.

(5) Communication of fact of execution or otherwise. - The Civil Court to which an order is sent for execution shall certify to the Court which passed it, the fact of such execution or where that Court fails to execute the same and the circumstances attending such failure.

8. Fees and Cost:

(1) The fee payable on an application in respect of any matter referred to in Section 49 of the Code shall be Rs. 100/- (Rupees One hundred only) (2) The fee and costs payable in respect of any other matters shall be such as prescribed by High Court for subordinate courts.

(3) All fees and costs referred to in this rule shall be collected by means of Court fee stamps.

CHAPTER IV

GRATUITY

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

benefit of minor under the third proviso to sub-section (1) of section 53.- In the

case of nominee, or an heir, who is minor, the competent authority shall invest the gratuity amount deposited with him for the benefit of such minor in term deposit with the State Bank of India or 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 (5 of 1970) or a corresponding new bank specified in the First Schedule of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980).]

10.Time, form and manner of nomination by an employee under sub-section (1), the

time to make fresh nomination under sub-section (4), the form and manner of

modification of a nomination under sub-section (5) and the form for fresh

nomination under sub-section (6) of section 55.-

(1) A nomination shall be in Form-III 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,

(a) 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

(b) in the case of an employee who completes one year of

service after the date of commencement of these rules,

ordinarily within thirty days of the completion of one year of service:

Provided that nomination in Form-III shall be accepted by the employer after the specified period, if filed with reasonable grounds for delay 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-III under sub-rule (1), the employer 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 the⁹⁴ ( employee, after obtaining a receipt thereof, the duplicate copy of the nomination in Form-III duly attested either by the employer or an officer authorized 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-IV 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-V to the employer in the manner specified in sub-rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis, as if it was made under sub rule (1)

(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 in the presence of two witnesses, who shall sign a declaration to that effect in the nomination, fresh nomination or notice of modification of nomination as the case may be 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.

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

made under sub-section (1) and the form of application to the

competent authority under clause (b) of sub-section (5) of section 56.-

(1) Application for Gratuity: An employee who is eligible for payment of gratuity under the Code, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-VI 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.

(2) A nominee or a legal heir of an employee who is eligible for payment of gratuity under the third 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-VI-A OR FORM-VI-B as the case may be, to the employer:

Provided 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.

(3) Where gratuity becomes payable under the Code before the commencement of these rules, the periods of limitation specified in clauses (a) and (b) sub-rule (1) of rule 10 shall be deemed to be operative from the date of such commencement.

(4) 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 merely⁹⁶ ( 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.

(5) An application under this rule shall be presented to the employer either by electronically or personal service or by registered post acknowledgement due.

12. Notice for payment of gratuity:

(a) Within fifteen days of the receipt of an application under rule 11 for payment of gratuity, the employer shall-

i) if the claim is found admissible on verification, issue a notice in Form-VII 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

ii) if the claim for gratuity is not found admissible, issue a notice in Form-VII 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 either case a copy of the notice shall be endorsed to the

competent authority.

(b) 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-VII under clause (a) sub-rule (1) 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.

(c) 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( 97 case may be. In that case, the time limit specified for issuance of notices under sub-rule (1) 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.

(d) A notice in Form-VII shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgement due or electronically.

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

13. 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.

14. 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 rule 11 or to entertain an application sought to be filed under sub- rule (1), or

(b) issues a notice under clause (a) of sub-rule (1) of rule 12 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) of rule 12 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-VIII 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 sub-rule (1) 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.

15. Procedure for dealing with application for direction :

(1) On receipt of an application under rule 14 the competent authority shall, by issuing a notice in Form-XI, electronically or by 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 authorised representative together with all relevant documents and witnesses, if any.

(2) 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.

(3) A party appearing by an authorised representative shall be bound by the acts of the representative.

(4) After completion of hearing on the date fixed under sub rule (1), or after such further evidence, examination of documents, witnesses, hearing and inquiry, as may be deemed necessary, the competent( 99 authority shall record his finding as to whether any amount is payable to the applicant under the Code. A copy of the finding shall be given to each of the parties.

(5) 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:

Provided that an order under rule 15 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.

16. 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.

17. Administration of oath.- The competent authority may authorize a clerk of his office to administer oaths for the purpose of making affidavits.

18. 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-XI either to give evidence or to produce documents or for both purposes on a specified date, time and place.

19. Service of summons or notice.-

(a) Subject to the provisions of sub rule (2) any notice, summons, process or¹⁰⁰ ( 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 (5 of 1908).

(2) 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 authorised 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 authorised person shall be deemed to be service on such persons.

20. Maintenance of records of cases by the competent authority.-

(1) 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.

(2) 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.

(3) 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.

21.Direction for payment of gratuity: If a finding is recorded under sub-rule (4) rule 15 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-X electronically or by registered post acknowledgment due or in person specifying the amount payable and directing payment thereof to the applicant under intimation to the competent authority( 101 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.

22.Appeal.-

(1) 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.

(2) 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.

(3) 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.

(4) On receipt of the copy of Memorandum of appeal, the competent authority shall forward records of the case to the appellate authority.

(5) 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.

(6) 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.

(7) The competent authority shall, on receipt of the decision of the¹⁰² ( appellate authority, make necessary entry in the records of the case maintained by him.

(8) 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-X 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.

23. 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 rule 21, 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 XI for recovery thereof under section 129 of the Code.

24. Qualifications and experience of the officer appointed as the competent

authority under sub-section (1) of section 58.- The Deputy Labour Commissioner of the state Government shall be the competent authority in the area of his jurisdiction.

CHAPTER V

MATERNITY BENEFIT

25. Authority to whom an appeal may be preferred under sub-section (3) of section

72.- (1) Complaint under section 72.— A person aggrieved by the order of Inspector cum Facilitator under subsection (2) of Section 72 may appeal to Deputy Labour Commissioner of the State Government.

CHAPTER VI

Employees Compensation (Jharkhand) Rules

26. Payment of funeral expenses- If the injury of employee results in death, the employer shall in addition to compensation to be deposited under the code with competent authority, a sum of Fifteen thousand rupees or such amount as may be prescribed by State 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 did not have the dependent or was not living with his dependent at the time of his death to the person who actually incurred such expenditure;

Provided that if the Central Government by notification enhances the amount specified in sub-section (7) of section 76, the amount to be deposited under this rule shall be automatically enhanced.

27. Application for review of half monthly payments without medical certificate

under sub-section (1) of section 79.- Application for review of a half-monthly payment under sub section (1) of section 79 may be made without being accompanied by a medical certificate-

(a) by the employer, on the ground that since the right to compensation was determined the workmen's wages have increased;

(b) by the workman, on the ground that since the right to compensation was determined his wages have diminished;

(c) by the workman, 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

workman's condition such as to warrant such cessation;

(d) either by the employer, or by the workman, 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;

(e) either by the employer or by the workman, on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record.

28. Procedure on application for review .-If, on examining an application for review by¹⁰⁴ ( an employer in which the reduction or discontinuance of half-monthly payments is sought it appears to the Competent Authority that there is reasonable ground for believing that the employer has a right to such reduction or discontinuance, he may at any time issue an order withholding the half-monthly payments in whole or in part pending his decision on the application.

29. 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-XII.

30. Restrictions on number of medical examinations. -- 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 more than twice in the first month following the accident or more than once in any subsequent month.

31. Statement of Fatal Accidents. -- The Statement required by sub section (1) of Section 88 shall, be in Form XIII

32. Form of memorandum. - Memoranda 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 XIV, or Form XIV-A, or Form XIV-B as the case may be.

33. Procedure for record or refusal to record memorandum-

(1) On 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 XV fixing date and place of hearing that in default of objections he proposes to record the memorandum on the date so fixed: The notice under this sub-rule may be sent personally or through registered post/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.

(2) 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.

Provided that the issue of a notice under rule (1) shall not be deemed to prevent the Competent authority from refusing to record the memorandum on the date so fixed even if no objection be made by any party concerned.

(3) 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.

34. 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 XVI 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_______ in the register has been recorded this _________ day ________ of.

(Signature)

Competent authority" 35. Qualifications and Experience for Competent authority under sub-section (1) of Section 91 :- The Deputy Labour Commissioner of the state Government shall be the competent authority in the area of his jurisdiction.

36. Application under sub-section (3) of Section 93 :- When the application for relief is based upon a document, the document shall be appended to the application.

Provided that with the prior permission of the competent authority, documents may be submitted during hearing of application.

37. Application presented to wrong Competent authority. –

(1) If it appears to the Competent authority on receiving application that it should¹⁰⁶ ( 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.

(2) If at any stage of case it appears to competent authority the application should be entertained by another competent authority, he shall send file of the case to that authority and who has the jurisdiction, and inform to applicant and other parties.

(3) The competent authority to whom the case has been transferred, shall continue to proceed as if the previous proceedings were done before him, if he is satisfied that it will not adversely affect the interest of parties.

38. Summary dismissal of application. –

(1) The Competent authority may after considering the application and the result of any examination of the applicant, summarily dismiss the application, if, for reasons to be recorded, he is of opinion that there are no sufficient grounds for proceeding thereon.

Provided that dismissal of the application under sub-rule (1) shall not of itself preclude the applicant from presenting a fresh application for the settlement of the same matter.

(2) If the application is not summarily dismissed by the competent authority, he shall issue notice to opposite party or parties against whom relief is sought together with copy of application and other documents appended.

39. Submissions of Parties-

(1) The opposite party, if desires to contest the claim, may file a written statement accompanied with documents, and if no written statement has been filed, the competent authority shall proceed to examine him upon the claim, and shall reduce the result of examination to writing.

(2) If the opposite party files the written statement, the applicant may file( 107 rejoinder with documents

40. Framing of issues. –

(1) After considering any written statement and the result of any examination of the parties, the Competent authority may frame issues for decision of the case, if he thinks necessary.

(2) Where the issues of law and of facts are framed and if authority is of opinion that the case may be decided on issues of law, he shall proceed to hear on those issues and after decision on the issues of law, hearing on issues of facts shall be proceeded.

41. Diary. - The Competent authority shall cause to be maintained a brief diary of the proceedings on an application.

42. Evidence:-

(1) After framing of issues, parties may submit their evidence on affidavit, on which opposite party shall have right to cross examination.

(2) 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.

(3) The evidence of all witnesses shall be recorded in the presence of competent authority and shall be authenticated by his signature and seal.

43. Scale of Fee:- Fees relating to proceedings of the case shall be such as determined by State Government from time to time provided that if in any matter the applicant for any reason is unable to pay the fee in advance, the competent authority may proceed without deposit of advance fee and may direct that payment of the fee shall be due after final decision in the case.

44. Incidental Costs.-

(1) Any party to the dispute who desires to get certified copies of decision,¹⁰⁸ ( decree, or other document may get decision, decree, or other document on payment of cost at the following rate :-

(a) The cost for the copies of any document of record or statement or order or decree shall be Rs. 5/- per page alongwith Rs. 10/- for the application for the copies.

(b) The cost of service or summons or notices or expenses of witnesses or the cost payable in respect of any matter not referred before shall be such amount as may be specified in each case by the Court and such amount or any other sum of money payable under this rule shall be paid in such manner and within such time as it may specify therefor.

(c) The court may, whenever it finds either on applications of applicant or otherwise that the applicant is unable to pay the cost it may exempt the applicant from the payment of cost.

(2) Any person who is not a party to dispute, may get the certify copy of decision, decree or other documents except the confidential documents, on payment of the fees prescribed in above mentioned clauses.

45. Procedure in connected cases.

(1) Where two or more cases pending before a Competent authority arise out of the same accident and any issue involved in common to two or more such cases, such cases may so far as the evidence bearing on such issue is concerned, be heard simultaneously.

(2) Where action is taken under sub-rule (1) the evidence bearing on the common issue or issues shall be recorded on the record of one case, and the Competent authority shall certify under his hand on the record of any such other case the extent to which the evidence so recorded applies to such other case, and the fact that the parties to such other case had the opportunity of being present, and, if they were present, of cross examining the witnesses.

46. Certain provisions of Code of Civil Procedure, 1908 to apply. -- Save as otherwise expressly provided in the Act or these rules the following provisions of the first Schedule to the Code of Civil Procedure, 1908, namely, those contained in Order V, Rule 9 to 13 and 15 to 30; Order IX; Order XII, Rules 3 to 10; Order XVI, Rules 2 to 21; Order XVII, and Order XXIII, Rules 1 and 2, shall apply to proceedings before Competent authorities, in so far as they may be applicable thereto:

Provided that: -

(1) for the purpose of facilitating the application of the said provisions the Competent authority may construct them with such alternations not affecting the substance as may be necessary or proper to adapt them to the matter before him;

(2) the competent authority may, for sufficient reasons, proceed otherwise than in accordance with the said provision, if he is satisfied that the interests of the parties will not thereby be prejudiced.

47. Time limit to pay the amount of cess under section 101- (1) The cess levied under the sub-section (1) of section 100 shall be paid by an employer, with in 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 cess collector.

(2) Notwithstanding the provisions of 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.

48. Fees for appeal under sub-section (2) of section 105-A Fee equivalent to one percentage of the amount in dispute or penalty or both, as the case may be, under such appeal.

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

investments under sub-section (2) terms to raise loans and take measures for

discharging such loans under sub-section (3) and terms to constitute for the

benefit of officers and staff or any class of them, provident or other benefit funds

under sub-section (4) of section 120; State Government may notify the conditions

after consultation with Finance Department.

50. Conditions and manner of writing off irrecoverable dues under section 121- Where

Jharkhand Unorganized Workers Social Security Board is of the opinion that the amount of contribution, cess, interest and damages due to 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) Establishment has been closed for more than five years and the whereabouts of the employer cannot be ascertained, despite all possible efforts;

(ii) Decree obtained by the Board could not be executed successfully for want of sufficient assets of the defaulting employer; or

(iii) Claim for contribution is not fully met by-

(a) The Official Liquidator in the event of factories/establishments having gone into liquidation; or

(b) In the event of unit being nationalized or taken over by the Government.

51. Other powers of Inspector-cum-Facilitator under clause (e) of sub-section (6) of

section 122- An addition to powers in sub-section (6) of Section 122, Inspector cum facilitator may exercise such other powers and shall perform such other duties as may be assigned by State Government by general or special order.

52. Form and manner for maintenance of record 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 XVII 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.

(c) 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 of Chapter V of the Code and the rules framed there under 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-XVIII online on the web portal of the Government, 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.

(b) Every employer shall file such returns electronically or otherwise to such officer or authority as may be fixed by State Government by general or special order

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).

(c) 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 the Government a further unified return in Form XVII 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.

Chapter-VII

OFFENCES AND PENALTIES

53. Form of application for composition of Offences and manner of

composition of offence under Section 138.-

(1) If the officer notified by the State Government for the purposes of compounding of offences under sub-section (1) of section 138 (hereinafter referred to as the compounding officer), is of the opinion that the offence under the code is compoundable shall send a notice manually or electronically to employer in Form XIX

(2) The employer if so desires shall make application to compounding officer in Form XX manually or electronically and shall deposit the amount electronically within fifteen days from the date of receipt of notice under sub- rule (1).

(3) If the accused complies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and if the prosecution has not been instituted against the accused, no complaint for prosecution shall be instituted against the accused.

(4) If the offence is compounded after the institution of prosecution, the compounding officer shall inform the authority appointed under sub-section (1) of Section 85 or the competent Court in which the prosecution is pending and after receiving such intimation, the officer or Court shall discharge the accused and close the prosecution.

(5) The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the State Government.

CHAPTER VIII

JHARKHAND EMPLOYMENT INFORMATION AND MONITORING

54. Manner of establishment and maintenance of career centre and the

career services under clause (9) of section 2.-

(1) The State Government may establish, run and maintain Career Centers up to the level of Blocks or modify and declare its already established office or Employment Exchange or both or web portal or authorize any other such Centre as Career Centre by notification. Till such notification, existing local Employment Exchange would function as Career Centre (Regional/Local).

(2) The State Government may also enter into an agreement with any institution, local authorities, local body or private body for running a Career Centre.

(3) The Career Centre established under sub Rule (1) & (2) above shall, inter- alia, perform following functions namely:

a. Collection and furnishing of Information either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode ;

relating to

i. Persons who seek to employ employee.

ii. Persons who seek employment.

iii. Occurrence of vacancies ; and

iv. Persons who seek vocational guidance and career counseling or guidance to start self employment or startup etc.

b. Providing career counseling and vocational guidance ;

c. Organizing Job Fairs, Job drives/Recruitment camps

d. Employment related surveys and studies annually.

e. Conducting organizational meets of industries, business houses or other organization coming under the purview of the Code, quarterly at district level and annually at state level.

f. Employability enhancement activities such as short term skilling, soft skill training, communication skills training and coaching-cum-guidance Centre for different competitive examinations organized by the Central Government or State Government or their public undertakings in the Model Career Centre or on PPP model as decided by the Government. g. Quarterly seminars for entrepreneurship development.

55. Reporting of vacancies to Career Centers:

(1) After the commencement of the code in the state or area thereof, the employer in every establishment in Public Sector in this state or area, before filling up any vacancy in any employment in that establishment shall report that vacancy or cause to be reported to such career centre as prescribed in this Rule. (2) The employer in every establishment in private sector or every establishment pertaining to the class or category of establishment in private sector, before filling up any vacancy in any employment in that establishment shall report that vacancy or cause to be reported to such Career Centre (Regional/Local) from such date as may be specified in the notification by the State Government. (3) State Government shall provide for mechanism (including digital) for the receipt of vacancy reported by the employer. Career Centre, to which the vacancies are reported, would provide Unique Vacancy Reporting Number (UVRN) for the vacancy reported and convey it to the employer in writing or 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.

(4) Employer, if advertise that vacancy in any media or makes recruitment through agency or any other mode, shall invariably quote that Unique Vacancy Reporting Number in that advertisement on recruitment process.

56. Career Centers to which the vacancies shall be reported:

The Following vacancies shall be reported namely -

(1). (a). All vacancies in post of technical and scientific nature carrying a minimum pay or pay level or both as notified by the Central Government, occurring in establishment in respect of which the Central Government is the appropriate government under the code; and

(b). Vacancies which an employer may desire to be circulated to the career centers outside the State in which the establishment is situated shall be reported to the Career Centre (Regional/ Local) as well as such Career Centre (Central) as may be specified by the Central Government by the notification in the official gazette in this behalf.

(2). Vacancies other than those specified in the sub Rule (i) (a) above shall be reported to the Career Centre (Regional/Local), the jurisdiction of which will be notified by the State Government in the gazette notification.

(3). All vacancies mentioned in Sub Rule (1) & (2) above may be reported to the specified Career Centre or uploaded at digital portal as per the guidelines issued by the State Government.

57. Form and Manner of Reporting of Vacancies:

(1) The Vacancies shall be reported in writing or through valid official email or digitally to the Local Career Centre as specified by the State Government.

(2) The vacancies shall be reported in FORM-XXI, furnishing as many details as specified separately in respect of each type of vacancy.

(3) Any change in the particulars already furnished to the Career Centre under Sub Rule (i) Shall be reported in writing or through official email or digitally as the case may be, to the specified Career Centre and the time limit as mentioned in the Rule 58(1) will be counted from the date of re- notification of the vacancy.

58. Time limit for Reporting of Vacancies by an Employer:

(1) Vacancies required to be reported to the Career Centre (Regional/Local), shall be reported at least 15 Days before the last date of receipt of application of the prospective candidates for the purpose of appointment or taking interview or test against the vacancies reported.

(2) The local career centre will in turn provide the list of prospective candidates to the employer for the benefit of both the employer and the job seekers.

(3) The result of the selected candidates shall be reported within 15 days from the date of selection to the Career Centre (Regional/Local) in the prescribed form appended as FORM-XXII The above does not mean that candidate will be selected only from the list provided by the Career Centre (Regional/Local).

(4) Time limit for the vacancies of the post of Technical and Scientific nature will be as per the rule made by the Career Centre (Central).

59. Maintenance of Records:

(1) After commencement of this Code in the State or area thereof, the Employers in every establishment in Public Sector in the state or area thereof, the Employers shall maintain record manually or electronically or digitally about

(a) Total no of employees (Regular, Contractual, Fixed term employment, Trainees, Apprentices etc as defined in the Code) on 31st March of every year.

(b) Persons recruited during the year ending 31st March of every year.

(c) Occupational details of its employees on 31st March every year.

(d) Vacancies for which suitable candidates were not available during the year ending on 31st March.

(e) Approximate number of Vacancies likely to occur during the next financial year.

(2) After commencement of this Code in the State or area thereof, the Employers in every establishment in Private Sector or every establishment pertaining to any class or category of establishment in private sector shall maintain record manually or electronically or digitally about

(a) Total no of employees (Regular, Contractual, Fixed term employment, Trainees, Apprentices etc as defined in Code) on 31st March of every year.

(b) Persons recruited during the year ending 31st March of every year.

(c) Occupational details of its employees on 31st March every year.

(d) Vacancies for which suitable candidates were not available during the year ending on 31st March.

(e) Approximate number of Vacancies likely to occur during the next financial year.

60. Submission of Return :

An employer shall furnish to the concerned Career Centre (Regional/Local) Half-yearly return in form EIR (Employment Information Return) in FORM- XXIII Half-yearly returns shall be furnished manually or electronically or digitally as the case may be as specified by the Government in notification within 30 days of the due date namely 30th September and 31st March of every financial year.

61. Declaration of the Executive Officer: The Director of Employment or an officer of his equivalent, controlling the work of Career Centre (Regional/Local)¹¹⁸ ( of the State, will declare in writing an Officer who is the Head of office/ Career Centre asExecutive Officer for each Career Centre forthe enforcement/implementation of Chapter XIII (Employment Informationand Monitoring) 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.

62. Levy of penalty under Chapter XIII of the Code: The Director of Employment or an officer of equivalent, controlling the work of Career Centers (Regional/Local) of the State, or an officer not below the rank of Deputy Director authorized by him in writing shall be the competent authority to approve the institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in the relevant sections of chapter-XII

63. Issue of guidelines: For implementation of provision of Code on Social Security 2020 in the State of Jharkhand relating to Chapter XIII and rules thereof, the Government of Jharkhand may issue guidelines as it thinks fit in the official gazette, as and when needed as per the local needs of the State in consistence with the Social Security Code 2020.

*****( 119

Form-I

(See rule 6 (1))

In the Employees, Insurance Court at………………………………………………………………

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

…………………………………………………………………………………………… Applicant

(add description and residence)

Against

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

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

…Opposite Party(add description and residence)

Other Particulars of Application specified in rule 6 (1)…………………………………………

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

……………………………………………………

……………………

Signature of Applicant Date ……………….

(Verification by the Applicant)

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

……………………….

Signature Date …....………….

Place ………………..

FORM II

(See Rule-6 (3))

Employee's Insurance Court at .....................................

Register of proceedings in the year 20.............

Form-III

[See sub-rule (1) of Rule 10]

Nomination

To

(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).

2. I, hereby certify that the person (s) mentioned is a/are member (s) of my family within the meaning of sub-section (33) of Section 2 of the Code on Social Security, 2020, No. 36 of 2020.

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

4 (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 in full with full Relationship with Age of Proportion by which address of the employee nominee the gratuity will be nominee(s) shared _________________________________________________________________ 1 2 3 4 _________________________________________________________________ 1. 2. 3. 4. so on _________________________________________________________________

STATEMENT

Village , thana , sub-division

Post office , district , state

Place signature/thumb-impression Date of the employee.

Declaration by witness

Nomination signed/thumb-impressed before me

Name in full and full address

Of witness signature of witness

1. 1.

2. 2.

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 name and the address of the establishment Or rubber stamp thereof.

Acknowledgment by the employee

Received the duplicate copy of nomination in form 'III' filed by me and duty certified by the employer .

Date signature of the employee.

Form-IV

[See sub-rule (3) of Rule 10]

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 on Social Security, 2020, No. 36 of 2020.……………….. 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).

2. I hereby certify the person(s) nominated is a/are member(s) of my family within the meaning of clause(h) of section 2 of the said act.

3.(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.

4. I have excluded my husband from my family by a notice, dated the …………………… to the controlling authority in terms of the proviso to clause (h) of section 2 of the said act.

NOMINEE(S)

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

1. Name Of The Employee. 2. Sex. 3. Religion 4. Whether unmarried/married/widow/widower 5. Department/branch/section where employed 6. Post held with ticket no., or serial no., if any. 7. Date of appointment 8. Permanent address

Village ,thana ,sub-division

Post office ,district ,state

Place signature/thum-impression

Date of the employee

Declaration by witnesses

Fresh nomination signed/thum-impressed before me.

Name in full and full address of witness.

Signature of witnesses

1. 1. 2. 2.

CERTIFICATE BY THE EMPLOYER

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

Employer's reference no., if any.

Designation .

Name and address of the establishment

Or rubber stamp thereof.

Acknowledgment by the employee

Received the duplicate copy of the nomination in form'IV' filed by me on……………… , duly certified by the employer.

Date signature of the employee( 127

FORM-V

[SEE SUB-RULE (4) OF RULE 10]

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

1. Name of employee in full.

2. Sex.

3. Religion.

4. Whether unmarried/married/widow/widower.

5. Department /Branch/Section where employed.

6. Post held with Ticket or Serial No. if any.

7. Date of appointment.

8. 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

1. 1. 2. 2. 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 authorised 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 'V' filed by me on………….duly certified by the employer. Date Signature of the employee Note¹²⁸ (

FORM-VI

[(See Rule 11(1)]

Application for Gratuity by an Employee/Nominee/Legal Heir

(Strike out the words not applicable)

To,……………………………………………………………………………

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

Sir/Madam,

I, ………………………..(name of employee/nominee/legal heir) /nominee of ate…………………………….(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;

(c)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.

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

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

b. Address in full of employee

or

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

a. Name of Employee

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

c. Relationship of nominee/legal heir with the employee

d. Address in full of nominee/legal heir

e. Date of death and proof of death of the employee

f. Reference No. of recorded nomination if available( 129 3. Department/Branch/Section where last employed

4. Post held by employee.

5. Date of appointment.

6. Date and cause of termination of service

7. Date of Death

8. Total period of service of the employee

9. 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,

Signature/Thumb-impression of the

applicant employee/nominee/legal heir.

Place:

Date:

FORM VI-A

[SEE SUB-RULE (2) OF RULE-11]

APPLICATION FOR GRATUITY BY A NOMINEE

To

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

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 53 of Code on Social Security, 2020 as a nominee of late……………………………………………………………[Name of the employee] who was an employee of your ……………………………. establishment and died on the……………………………………The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on………………………………retirement or/resignation of the aforesaid employee on…………………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 claim given in the statement below:

STATEMENT 1. Name of applicant nominee.

2. Address in full of the applicant nominee.

3. Marital status of the applicant nominee (unmarried/married/widow/widower)

4. Name in full of the employee.

5. Marital status of employee.

6. Relationship of the nominee with employee.

7. Total period of service of the employee.

8. Date of appointment of the employee.

9. Date and cause of termination of service of the employee.

10. Department /Branch/Section where the employee last worked.

11. Post last held by the employee with Ticket or Serial No. if any.

12. Total wages last drawn by the employee.

13. Date of death and evidence/witness as proof of death of the employee.

14. Reference No. of recorded nomination, if available.

15. Total gratuity claimed.

16. Share of gratuity claimed.

2. I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.

3. Payment may please be made in cash/crossed or open bank cheque.

4. As the amount payable is less than rupees one thousand, I shall request you to arrange for payment of the sum due to me by Postal Money Order at the address mentioned above after deducting Postal Money Order commission therefrom.

Signature/Thumb impression of Date the applicant employee.

FORM VI-B

[SEE SUB-RULE (2) OF RULE 11]

APPLICATION FOR GRATUITY BY A LEGAL HEIR

To

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

Sir/Gentlemen,

I beg to apply for payment of gratuity to which I am entitled under subsection (1) of section 53 of the code on Social security 2020 as a legal heir of late……………………………………………………………[Name of the employee] who was an employee of your ……………………………………. establishment and died on

the……………………………………without making any nomination. The gratuity is payable on account of the death of the aforesaid employee while in service/superannuation of the aforesaid employee on

the…………………………… retirement or resignation of the aforesaid employee on the………………… after completion of ……………….years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the……………..Necessary particulars relating to my claim given in the statement below:

STATEMENT

1. Name of applicant legal heir.

2. Address in full of the applicant legal heir.

3. Marital status of the applicant legal heir (unmarried/married/widow/widower)

4. Name in full of the employee.

5. Relationship of the applicant with employee.

6. Religion of both the applicant and the employee.

7. Date of appointment and total period of service of the employee.

8. Department /Branch/Section where the employee worked last.

9. Post last held by the employee with Ticket or Serial No. if any.

10. Total wages last drawn by the employee.

11. Date and cause of termination of service of the employee (death or otherwise).

12. Date of death of the employee and evidence/witness in support thereof.

13. Total gratuity payable to employee.

14. Percentage of the gratuity claimed.

15. Basis of the claim and evidence/witness in support thereof.

2. I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge and belief.

3. Payment may please be made in cash/crossed or open bank cheque.

4. As the amount payable is less than rupees one thousand, I shall request you to arrange for payment of the sum due to me by Postal Money Order at the address mentioned above, after deducting Postal Money Order commission therefrom.

Signature/Thumb impression of Date the applicant employee¹³² (

FORM-VII

[(See Rule 12 (1)(a) and (b)]

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 sub-clause (ii) of clause (a) of sub-rule (2) of rule 12 of the Code on Social Security (Jharkhand)

Rules, 2021, that your claim for payments of gratuity as indicated on your application in Form-……… under the said rules is not admissible for the reasons stated below:

Reasons (Here specify the reasons); or

(b) *as required under sub-clause (i) of clause (a) of sub-rule (2) of rule 35 the Code on Social Security (Jharkhand) Rules, 2021 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.

2.*Please call at ……………………..on………………………… (Here specify place)……………………..(date) at……………….(time) for collecting your payment of gratuity crossed cheque.

3. Amount payable shall be sent to you through demand draft or shall be credited in your bank account as desired by you.

4. 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:

*strike out para, if, not applicable

Place:

Date: Signature of the Employer/authorised officer.

Name or description of establishment or rubber stamp thereof.

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

FORM VIII

[See Sub-Rule (I) Of Rule 14]

APPLICATION FOR DIRECTION

Before the Competent Authority 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 above-mentioned 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 employee's resignation on……………..

[date] after completion of…………years of continuous service/his own/aforesaid employee's total disablement with effect from ………………..[date] due to accident/disease/death of the aforesaid employee on…………….

2. The applicant submitted an application under rule …………of the Code on Social Security, 2020 on the………….but the above-mentioned employer refused to entertain it/issued a notice dated the …………… offering an amount of gratuity which is less than my due/issued a notice dated the …………………… rejecting my eligibility to payment of gratuity. The copy of the said notice is enclosed.

3. The applicant submits that there is a dispute on the matter.

[Specify the dispute]

4. 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.

5. The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of his knowledge and belief.

Signature of the applicant/Thumb Date

impression of the applicant

ANNEXURE

1. Name in full of applicant with full address.

2. Basis of claim: [Death / Superannuation / Retirement / Resignation / Disablement of employee].

3. Name and address in full of the employee.

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

5. Name and address in full of the employer.

6. Department /Branch/Section where the employee was employed [if known].

7. Post held by the employee with Ticket or Serial No. if any [if known]

8. Date of appointment of the employee [if known]

9. Date and cause of termination of service of the employee. [Superannuation / retirement / resignation / disablement/death.]

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 a nominee/legal heir.

18. Amount of gratuity claimed by the applicant.

impression of the applicant¹³⁴ (

FORM-IX

[(See Rule 15 (a) and 18)]

Notice for Appearance before the Competent Authority/Summon

(Strike out the words not applicable)

To,

(Name and address of the employer/applicant)

Whereas Shri…………………………an 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 Code on Social Security (Jharkhand) Rules, 2021 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/ tp 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 toproduce the the claim for 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.

2.

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.

FORM – X

[(See Rule 22) (8) ]

Notice for Payment of Gratuity as Determined by Competent/Appellate Authority

(Strike out the words not applicable)

To,

(Name and address of employer)

1. Whereas Shri/Smt./Kumari…………………………………… of an employee …………………………… ……………………… (address)under you/a nominee(s)/legal heir(s) of late …………………………………………… … an employee under you, filed an 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…………… to Shri/Smt./Kumari………………………………as gratuity under the Code on Social Security, 2020.

2. 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 under the Code on Social Security, 2020.

Now, therefore, I hereby direct you to pay the said sum of Rs. ……………………….to 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, 2020

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)¹³⁶ (

FORM – XI

[(See Rule 23)]

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 full address)

1. 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 Code on Social Security (Jharkhand) Rules, 2021 for payment of a sum of Rs………………….. as gratuity payable under the Code on Social Security, 2020.

2. 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.

3. 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.

Form XII

(Notice Book of the Accidents)

(See rule 29)

Name of the Establishment………………

Nature of Business ……………………

Date of opening…………………….

Registration no (if any)-……………………

Name of the employer/occupier…………………..

FORM-XIII

(See Rule 31)

Statement of Fatal Accidents

To ,

Competent Authority,

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

Sir,

1. I have the honour 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.

2. The circumstances relating to the death of the employee/employees were as under: - (a) Time of accident.

(b) Place where the accident occurred.

(c) Manner in which deceased was/were employed at the time.

(d) Cause of the accident.

(e) Any other relevant particulars.

3. I am responsible for payment of compensation

4. Details of employee …………………………..

(a) Name of the employee …………….

(b) Age of the employee ………………..

(c) Wages of the employee ………………

5. The establishment is not responsible for payment of compensation due to reasons mentioned below…………………………………………………………………………

…………………………………………………………………………………………….

(Signature and designation

of person making the statement)( 139

FORM XIV

(See Rule 32)

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

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

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 XIV-A

(See Rule 32)

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 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-XIV-B

(See Rule 32)

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

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

Witness

Signature or dependant(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.... .

Dependant(s) The money has been paid and this receipt signed in my presence.

Witness¹⁴² (

FORM XV

(See Rule 33(1))

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 ....................... 20 ................ 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 ......................20 .......

Competent Authority( 143

FORM XVI

(See Rule 34)

Register of Agreement for year 20................

FORM....XVII

[(See Rule 52 (1) (a)

REGISTER OF WOMEN EMPLOYEES

Name of establishment

1. Serial Number.

2. Name of woman and her father's (or, if married, husband's) name.

3. Date of appointment.

4. Nature of work.

5. Dates with month and year in which she is employed, laid off and not employed.

7. Date of discharge/dismissal, if any.

8. Date of production of proof of pregnancy under section 62.

9. 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 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 wage 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.

FORM....XVIII

[(See Rule 52 52 52 52 (3) (a)]

Unified Annual Return

A. General Part :- (a) Name of the establishment----------------------------------------------------------- Address of the establishment :

House No./Flat No----------------------- Street No./Plot No---------------------------

Town---------------------------- District ------------------ 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-------------------------

(c) Name of the manager or person responsible for supervision and control of establishment --------

------------------------------------------------------------------

Address :

House No./Flat No----------------------- Street No./Plot No---------------------------

Town---------------------------- District ------------------ State---------------- Pin Code----------------E-mail ID---

--------------------------- Telephone Number--------------------- Mobile Number-------------------------

B. Employer's Registraton/Licence number under the Codes mentioned in column (2) of the

table below :

S. No. Name Registration if yes (Registration No.)

03. C. Details of Employer, Contractor Contract Labour :

E. Maximum number of persons employed in any day during the year :

F. Wage rates (Category Wise) :

Higly Skilled Skilled Semiskilled Unskilled G. (a) Details of Payment :

(b) Number of workers who granted leave with wages during the year :

H. Details of various welfare amenities provided under the statutory scheme :

I. Maternity Benefit under the Code on Social Security, 2020

(a) Details of establishment, medical and Para- medical staff :

(b) Leave Granted under the Code on Social Security, 2020

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 Law applicable to my establishments.

Place Date Sign. Here( 149

Form XIX

[See rule-53(1)]

NOTICE FOR UNDER SUB-SECTION (1) OF SECTION 56 FOR COMPOSITION OF OFFENCE

To,

………………………..,

…………………………..

…………………………..

(1) Your establishment has been inspected by Inspector-cum-Facilitator on …… of ………….. of 20…….

(2) In the said inspection you have been found violating Section ……………………………………... of the Code.

(3) As per provisions of sub-section (1) of Section 56 read, you are hereby given notice to the effect that if you are willing to apply for composition of offence, you may apply for composition by submitting the application along with deposit of Rupees ……….. /- through treasury challan or electronically on the departmental portal of Labour Commissioner. The details of which are given below.-

(i) Treasury Head

Or

(ii) Flow chart of electronic payment.-…….…………………………………………

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

……………………………….

(Signature)

Name and designation

of the Officer…………………..

Form XX

[See rule-53(2)]

APPLICATION UNDER SUB-SECTION (1) OF SECTION 53 FOR COMPOSITION OF OFFENCE

To,

……………………..

……………………..

……………………

Kindly refer to your notice no. ……………….. dated ………………. I/we hereby applying for composition of Offence and I have deposited Rs…………../- as the amount of Composition by depositing through Treasury Challan or electronically through the portal of Labour Commissioner on ......../……../……….. (dd/mm/year).

So please 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 :………………………………...

FORM-XXI

[See Rule 57(2)]

Form for Reporting Vacancies to Career Centers

(Separate forms to be used for each type of posts)

Signature, Name& Designation of

Authorised Signatory of Career

Centre with seal & date NOTE:

1. 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 3 working days from the date of receipt of reporting of vacancies.

An( 153 employer, if advertises that vacancy in any media or makes recruitment through any agency or any other mode, may invariably quote that unique vacancy reporting number in that advertisement or recruitment process.

3. Any change in the particulars already furnished to the Career Centre, shall be reported in writing or through valid official email or digitally(including through a portal) as the case may be, to the appropriate Career Centre.

FORM-XXII

[(See Rule 58 (3)]

Form for Reporting of Result to Regional /Local Career Centres

Establishment / Company Name : -

Address : -

Phone no. : -

Email ID : -

Unique Vacancy Reporting No. : -

Name of the Post : -

Date of Submission of Vacancy : -

Concerned Career Centre Name : -

Part -1 : Number of Candidates Participated and selected

Part -2 : Number of Candidates Participated and selected

Signature of the Employer (with Seal) : -

Designation : -

Place : -

Date :

FORM-XXIII

(See rule 60)

Form EIR (Employment Information Return)

Half Yearly Return to be submitted to the Regional /Local career Centre for the Half Year ended as on 30th

September/31st March

The following information is required to be submitted under the Jharkhand Employment Information Monitoring Rule 2021 as per social security code 2020.

*As Per Provisions of Code on Social Security, 2020 (Chapter XIII) and Rules made there under,

3. MANPOWER SHORTAGES:

Vacancies /posts remained unfilled because of shortage of suitable applicants.

(Please list any other occupation also for which this establishment had any difficulty in obtaining suitable applicants recently.)

4. Estimated Manpower Requirement by Occupational Classification during the next half year (please give below the number of employees in each occupation separately).

Research Officer (Economist); Supervisor (Tailoring), Inspector (Sanitary), Superintendent (Office), Manager (sales), Manager (Accounts), Executive (Marketing), Data Entry Operator……………….so on.

Signature, Name & Designation of Authorized Signatory

Of establishment/employer with seal & date To,

The Career Centre In charge,

………………………..

Note:- 1. This return is to be rendered to the Career Centre Regional/Local within 30days after the end of the half year concerned by establishments/employers vide their obligation under the Code on Social Security,2020 (Chapter XIII-Employment Information and Monitoring ) & Jharkhand Employment Information and Monitoring Rule 2021

2. The main purpose in obtaining the information from employers is to know (i) the vacancies/employment opportunities available; (ii) type of personnel who are in short supply;

and (iii) future job opportunities for providing vocational guidance to the jobseekers and connecting them with the employers. This is helpful in ascertaining the skill needs also.

Employers will also get suitable candidates from the list of the candidates forwarded by concerned career centre.

,

,