Draft of the Code on Wages (Ladakh) Rules,2022

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भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-03062022-121

SG-LD-E-03062022-121

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असाधारण

EXTRAORDINARY

(cid:292)ा(cid:876)धकार से (cid:292)का(cid:871)शत

PUBLISHED BY AUTHORITY

ल(cid:622)दाख, 01 जून, 2022

LADAKH, WEDNESDAY, JUNE, 01, 2022

Part II - Section 3

के (cid:219)(cid:289)-शा(cid:871)सत (cid:292)देश ल(cid:622)दाख (cid:292)शासन ADMINISTRATION OF UNION TERRITORY OF LADAKH

DEPARTMENT OF LABOUR

NOTIFICATION

Ladakh, the 25th of April, 2022

S.O. No. 62 - The following draft rules, which the Administration of Union Territory of Ladakh proposes to make in exercise of the powers conferred by section 67 of the Code on Wages, 2019 (29 of 2019) read with section 24 of the General Clauses Act, 1897 (10 of 1897) and in supersession of the: — (i) The Jammu and Kashmir Payment of Wages Rules, 1972; (ii) The Jammu and Kashmir Minimum Wages Rules, 1972;

made by the Jammu and Kashmir Government in exercise of the powers conferred by the Payment of Wages Act, 1936 (4 of 1936), the minimum Wages Act, 1948 (11 of 1948), as the case may be, which are repealed by section 69 of the Code on Wages, 2019, expect as respective things done or omitted to be done before such supersession, are hereby notified, as required by sub-section (1) of section 67, for information of all persons likely to be affected thereby and notice is hereby given that the draft notification will be taken into consideration after the expiry of a period of forty-five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public ;

Objections and suggestions, if any, may be addressed to Secretary, Labour ([email protected]) and Deputy Secretary, Labour Department, Civil Secretariat, UT Ladakh.

Objections and suggestions, which may be received from any person with respect to the said draft notification before expiry of the period specified above, will be considered by the Administration of Union Territory of Ladakh.

DRAFT RULES

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. - (1) These rules may be called the c ode on Wages (Ladakh) Rules, 2022.

(2) They shall extend to the whole of Union Territory of Ladakh.

(3) They shall come into force after the date of their final publication in the Official Gazette, on the date of the commencement of the Code on Wages, 2019 (29 of 2019).

2. Definitions. - In these rules, unless the subject or context otherwise requires, —

(a) "authority" means the authority appointed by the A d m i n i s t r a t i o n o f U n i o n T e r r i t o r y o f L a d a k h under sub-section (1) of section 45;

(b) "appellate authority" means the appellate authority appointed by the Administration of Union Territory of Ladakh under sub- section (1) of section49;

(c) "appeal" means an appeal preferred under sub-section (1) of section 49;

(d) "agriculture labourer" means labourer includes any person involved in connection with cultivating of soil or with raising or harvesting of any agricultural or horticultural commodities, management of live-stocks, bees, poultry etc.

(e) "Board" means the State Advisory Board constituted by the Administration of Union Territory of Ladakh under sub- section (4) of section 42;

(f) "Chairperson" means the Chairperson of the Board;

(g) "Code" means the Code on Wages, 2019 (29 of2019);

(h) "committee" means a committee appointed by the

Administration of Union Territory of Ladakh under clause (a) of sub-section (1) of section 8;

(i) "day" means a period of 24 hours beginning at mid-night;

(j) "Year means" "Financial Year" which starts from 1 April and ends on 31 March – the year

(k) "Form" means a form appended to these rules;

(l) "highly skilled occupation" means an occupation which calls in its performance a specific level of perfection and required competence acquired through intensive technical or professional training or practical occupational experience for a considerable period and also requires of an employee to assume full responsibility for his judgment or decision involved in the execution of such occupation;

(m) "Inspector-cum-Facilitator" means a person appointed by Administration of Union Territory of Ladakh by notification under sub-section (1) of section

(n) "member" means a member of the Board and includes its Chairperson; "metropolitan area" means a compact area having a population of forty lakhs or more comprised in one or more districts;

(o) "non-metropolitan area" means a compact area having a population of more than ten lakhs but less than forty lakhs, comprised in one or more districts;

(p) "population" means the population as ascertained at the last preceding

census of which the relevant figures have been published;

(q) "registered trade union" means a trade union registered under The Trade Unions Act, 1926 (16 of 1926);

(r) "rural area" means the area which is not the metropolitan area or non-

metropolitan area;

(s) "Schedule" means the schedule to these rules;

(t) "section" means a section of the Code;

(u) "semi-skilled occupation" means an occupation which in its performance requires the application of skill gained by the experience on job which is capable of being applied under the supervision or guidance of a skilled employee and includes supervision over the unskilled occupation;

(v) "skilled occupation" means an occupation which involves skill and competence in its performance through experience on the job or through training as an apprentice in a technical or vocational institute and the performance of which calls for initiating and judgment;

(w) "unskilled occupation" means an occupation which in its performance requires the application of simply the operating experience and involves no further skills;

(2) All other words and expressions used herein in these rules and

not defined shall have the meanings respectively assigned to the under the Code.

CHAPTER II

Minimum Wages

3. Manner of calculating the minimum rate of wages. – (1) For the purposes of sub- section (5) of section 6, the minimum rate of wages shall be fixed on the day basis keeping in view the following criteria, namely: -

(I) the standard working class family which includes a spouse and two children apart from the earning worker; an equivalent of three adult consumption units;

(II) A net intake of 2700 calories per day per consumption unit;

(III) 66 meters cloth per year per standard working class family;

(IV) Housing rent expenditure to constitute 10 per cent of food and clothing expenditure;

(V) Fuel, electricity and other miscellaneous items of expenditure to constitute 20 percent of minimum wage; and

(VI) Expenditure for children education, medical requirement, recreation and expenditure on contingencies to constitute 25 percent of minimum wage;

(2) when the rate of wages for a day is fixed, then, such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty-six for fixing the rate of wages for a month and in such division and multiplication the factors of one-half and more than one-half shall be rounded as next figure and the factors less than one-half shall be ignored.

4. Norms for fixation of minimum rate of wages.- (1) While fixing the minimum rate of wages under section 6, the Administration of Union Territory of Ladakh shall divide the concerned geographical area into three categories, that is to say, the metropolitan area, non-metropolitan area and the rural area. (2) The Administration of Union Territory of Ladakh shall constitute a technical committee for the purpose of advising the U.T. Ladakh in respect of skill categorization, which shall consist of the following members, namely: -

(i) The Secretary, Labour Department, UT Ladakh - Chairperson

(ii) The Deputy Secretary, Labour Department, UT Ladakh - Member

(iii) The Chief Engineer, PW(R&B) De partm e nt UT, Ladakh - Member

(iv) The Director, Technical Education

- Member (v) The Chief Engineer, Irrigation & Flood Control, UT Ladakh - Member

(vi) The Deputy Labour Commissioner, UT, Ladakh - Member Secretary

(vii) Two technical experts in wage determination as nominated by the Administration of Union Territory of Ladakh - Members (3) The Administration of Union Territory of Ladakh shall, on the advice of the technical committee referred to in sub-rule (1), categorize the occupations of the employees into four categories that is to say unskilled, semi-skilled, skilled and highly skilled by modifying, deleting or adding any entry in the categorization of such occupations specified in Schedule A.

(4) The technical committee referred in sub-rule (1) shall while advising the Administration of Union Territory of Ladakh under sub-rule (2) take into account, to the possible extent, the national classification of occupation or national skills qualification frame work or other similar frame work for the time being formulated to identify occupations.

(5) If an employee employed in any scheduled employment is not specifically mentioned by the name of its trade or job under any of the categories/classes in this notification or in earlier notifications fixing or revising minimum rate of wages, even then such employee shall be paid minimum wages of the category of the class where he can be most accurately placed. In case of disagreement about a category or classification of an occupation as mentioned in Schedule A, the decision of the Technical committee as mentioned in the sub rule 2 of this Rule shall be final.

(6) In case of employees employed in occupation such as hotels, restaurants, tea- stalls, halwais, ahatas attached to wine and liquor shops, ahatas attached to beverages shops except soft drinks and carbonated water and employment in house as a domestic worker, if they are provided two meals, two times tea and lodging, they will get Rs. 1765/-1ess than the minimum wages fixed for their categories and if they get two meals and two times tea without lodging, they will get Rs. 500/- less than other employees in their category who are not getting meals, tea and lodging.

5. Time Interval for revision of dearness allowance. -Endeavour shall be madeso that the cost-of-living allowance and the cash value of the concession in respect of essential commodities at concession rate shall be computed once before 1st April and then before1st October in every year to revise the dearness allowance payable to the employees on the minimum wages.

6. Number of hours of work which shall constitute a normal working day.-

(1) The normal working day under clause (a) of sub-section (1) of section 13 shall be comprised of eight hours of work.

(2) The working day of an employee shall be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on any day.

(3) The provisions of sub-rules (1) and (2) shall, in the case of an employee employed in agricultural employment, be subject to such modifications as may, from time to time, be determined by the Administration of Union Territory of Ladakh.

(4) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of1948).

7. Weekly day of rest. — (1) Subject to the provisions of this rule, an employee shall be allowed a day of rest every week (hereinafter referred to as "the rest day") which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees:

Provided that an employee shall be entitled for the rest day under this sub-rule if he has worked under the same employer for a continuous period of not less than six days:

Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector-cum- Facilitator in this behalf.

Explanation.- For the purpose of computation of the continuous period of not less than six days specified in the first provision to this sub-rule, any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work, a day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), and any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day, shall be deemed to be the days on which the employee has worked.

(2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day:

Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.

(3)Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.

(4) An employee shall be granted-

(a) for rest day wages calculated at the rate applicable to the next preceding day;

and

(b) where he works on the rest day and has been given a substituted rest day, then, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:

Provided that where-

(i) the minimum rate of wages of the employee as notified under the Code has been worked out by dividing the minimum monthly rate of wages by twenty-six; or

(ii) the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, then, no wages for the rest day shall be payable; and

(iii) the employee works on the rest day and has been given a substituted rest day, then, he shall be paid, only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate; and, if any dispute arises whether the daily rate of wages has been worked out in accordance with the provisions of this proviso, the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction of UT, Ladakh may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations.

Provided further that in case of an employee governed by a piece-rate system, the wages for the rest day, or the substituted rest day, as the case may be, shall be such as the Administration of Union Territory of Ladakh may, from time to time determine having regard to the minimum rate of wages fixed under the Code, in respect of the employment.

Explanation- In this sub-rule 'next preceding day' means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day.

(5) The provisions of this rule shall not operate to the prejudice of more favorable terms, if any, to which an employee may be, entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to more favorable terms aforesaid.

Explanation. - For the purposes of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.

8. Night shifts. —Where an employee in an employment works on a shift which extends beyond midnight, then-

a. a rest day for the whole day for the purposes of rule 7 shall, in this case means a period of twenty- four consecutive hours beginning from the time when his shift ends; and

b. the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work shall be counted towards the previous day.

9. The extent and conditions for the purposes of sub-section (2) of section 13.-In case of employees-

a. engaged in any emergency which could not have been foreseen or prevented;

b. engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

c. whose employment is essentially intermittent;

d. engaged in any work which for technical reasons has to be completed before the duty is over; and

e. engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces;

the provisions of rules 6, 7 and 8 shall apply subject to the condition that –

(i) the spread over of the hours of work of the employee shall not exceed 16 hours in any day; and

(ii) the actual hours of work excluding the intervals of rest and the periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attendance shall not exceed 9 hours in any day.

10. Longer wage period.-The longer wage period for the purposes of minimum rate of wages under section 14 shall be by the month and monthly wages for the Agricultural Labour too.

CHAPTER III

PAYMENT OF WAGES

11. Recovery under sub-section (4) of section 18.-Where the total deductions authorized under sub-section (2) of section 18 exceed fifty percent of the wages of an employee, the excess shall be carried forward and recovered from the wages of succeeding wage period or wage periods, as the case may be, in such instalments so that the recovery in any month shall not exceed the fifty per cent of the wages of the employee in that month.

12. The authority under sub-section (1) of section 19. - The officer appointed by the Administration of Union Territory of Ladakh by notification for this purpose having jurisdiction of UT, Ladakh of the employee concerned shall be the authority for the purposes of sub-section (1) of section 19.

13. The manner of exhibiting the notice under sub-section (2) of section19. - A notice referred to in sub-section (2) of section 19 shall be displayed at the conspicuous places in the premises of the work place in which the employment is carried on, so that every concerned employee would be able easily to read the contents of the notice and a copy of the notice shall be sent to the Inspector- cum-Facilitator having jurisdiction.

14. The procedure under sub-section (3) of section 19. - The employer shall submit the list of fineable acts and omissions under Section 19(1) for approval of the officer appointed through notification by the Administration of Union Territory of Ladakh. Before the imposition of a fine, the employee shall be given an opportunity of showing cause against the fine before the Grievance Redressal Committee, constituted under Section 4(1) of Industrial Relations Code for resolution of disputes arising out of individual grievances wherever it is applicable, Else otherwise before the employer.

15. Procedure for deduction. - Where an employer makes any deduction in pursuance of the proviso to sub section (2) of section 20, he shall make such deduction after given an opportunity of being heard to the concerned employee.

16. Procedure for deduction under sub-section (2) of section 21.-Any employer desiring to make deduction for damages or loss under sub-section (1) of section 21 from the wages of an employee shall-

(i) explain to the employee personally and also in writing the damage or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account and how such damages or loss is directly attributable to the neglect or default of the employee; and

(ii) thereafter, give the employee an opportunity to offer any explanation and deduction for any damages or loss, if made, shall be intimated to the employee within fifteen days from the date of such deduction.

17. Conditions regarding recovery of advance under section 23.-The recovery, as the case may be of-

(i) advances of money given to an employee after the employment begins under clause (b) of section 23; or

(ii) advances of wages to an employee not already earned under clause (c) of section23, shall be made by the employer from the wages of the concerned employee in installments determined by the employer, so as any or all installments in a wage period shall not exceed fifty per cent of the wages of the employee in that wage period and the particulars of such recovery shall be recorded in the register maintained in Form-I.

18. Deductions under section 24.-Deductions for recovery of loans granted for house building or other purposes approved by the Administration of Union Territory of Ladakh, and the interest due in respect thereof shall be, subject to any direction made or circular issued by the Administration of Union Territory of Ladakh from time to time regulating the extent to which such loans may be granted and the rate of interest shall be payable thereon.

CHAPTER IV

PAYMENT OF BONUS

19. Calculation of set on or set off for the seventh accounting year.- Calculation of set on or set off for the seventh accounting year, computation of gross profits under clauses (a) and (b) of section 32, deduction of further sums under clause (c) of section 34, manner of carrying forward under sub-sections (1)and (2) of section 36 shall be such, as may be prescribed by the Central Government.

CHAPTER V

STATE ADVISORY BOARD

A. Procedure of Ladakh Advisory Board under sub-section (10) of section 42

20. Constitution of the Board: -(1) The Ladakh Advisory Board shall consist of the persons to be nominated by Administration of Union Territory of Ladakh representing employers and employees as specified in clauses (a) and (b) of sub- section (6) of section 42 and the independent persons and representatives of the Administration of Union Territory of Ladakh as specified in clauses (c) of that sub-section.

(2) The persons representing employers as referred to in clause (a) of sub- section (6) of section 42 shall be five and the persons representing employees referred to in clause (b) of that sub-section shall also be five.

(3) The independent persons specified in clause (c) of sub-section (6) of section 42 to be nominated by the Administration of Union Territory of Ladakh shall consist of the following, namely: -

(i) Secretary, Labour Department, Administration of Union Territory of Ladakh shall be the Chairperson;

(ii) Deputy Labour Commissioner, Labour Department, UT, Administration of Ladakh shall be Member Secretary;

(iii) Additional Secretary, Finance Department, Administration of Union Territory of Ladakh shall be the member;

(iv) Chief Engineer, PW (R&B) Department, Administration of Union Territory of Ladakh shall be the member;

(v) One member shall be a professional in the field of wages and labour related issues;

(4)The Administration of Union Territory of Ladakh shall, while nominating the members of the Board, take into account that the independent members under clause (c) of sub-section (6) of Section 42 shall not exceed one-third of the total members of the Board and one-third of the members of the Board shall be women.

21. Meeting of the Board. - The Chairperson may, subject to the provisions of rule 23, call a meeting of the Board, at any time he thinks fit:

Provided that on requisition in writing from not less than one half of the members, the Chairperson shall call a meeting within thirty days from the date of the receipt of such requisition.

22. Notice of meetings. - The Chairperson shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member by registered post and electronically at least fifteen days before the date fixed for such meeting:

Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.

23. Functions of Chairperson. – The Chairperson shall-

(i) preside at the meetings of the Board: Provided that in the absence of the Chairperson at any meeting, the members shall elect from amongst themselves by a majority of votes, a member who shall preside at such meeting;

(ii) decide agenda of each meeting of the Board;

(iii) where in the meeting of the Board, if any issue has to be decided by voting, conduct the voting and count or cause to be counted the secret voting in the meeting.

24. Quorum. - No business shall be transacted at any meeting unless at least one-third of the members and at least one representative member each of both the employers and an employee are present:

Provided that, if at any meeting less than one-third of the members are present, the Chairperson may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present:

Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members electronically or by a Registered post.

25. Disposal of business of the Board. - All business of the Board shall be considered at a meeting of the Board, and shall be decided by a majority of the votes of members present and voting and in the event of an equality of votes, the Chairperson shall have a casting vote:

Provided that the Chairperson may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members:

Provided further that no decision on any matter under the preceding proviso shall be taken, unless supported by not less than two-thirds majority of the members.

26. Method of voting.- Voting in the Board shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairperson so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairperson may decide.

27. Proceedings of the meetings.- (1) The proceedings of each meeting of the Board showing inter alia the names of the members present thereat shall be forwarded to each member and to the Administration of Union Territory of Ladakh as soon after the meeting as possible, and in any case, not less than seven days before the next meeting.

(2) The proceedings of each meeting of the Board shall be confirmed with such modification, if any, as may be considered necessary at the next meeting.

28. Summoning of witnesses and production of documents.-(1) The Chairperson may summon any person to appear as a witness if required in the course of the discharge of his duty and require any person to produce any document.

(2) Every person who is summoned and appears as a witness before the Board shall be entitled to an allowance for expenses by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing before a civil court.

29. Appointment of the committees.-The Administration of Union Territory of Ladakh may constitute as many committees under clause of sub-section (1) of section 8 as it considers necessary for the purposes specified in that clause.

B. Terms of office of members of the Board under sub-section (11) of

section 42

30. Term of office of members of the Board. - (1)The term of office of the Chairperson or a member, as the case may be, shall be normally two years commencing from the date of his appointment or nomination, as the case may be, under sub-section (1) of section 42:

Provided that such Chairperson or a member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is appointed or nominated, as the case may be.

(2) An independent member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

(3) The official members of the Board shall hold office till they are replaced by respective such other official members.

(4) Notwithstanding anything contained in sub-rules (1), (2), and (3), the members of the Board shall hold office during the pleasure of Administration of Union Territory of Ladakh.

31. Travelling allowance.-The Chairman and every member of the Board shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties at the rates and subject to the conditions applicable to a Group A officer of Administration of Union Territory of Ladakh.

32. Officers and Staff. - The Administration of Union Territory of Ladakh may provide a Secretary not below the rank of Secretary, Labour Department, other officers and staff to the Board, as it may think necessary for the functioning of the Board.

33. Eligibility for re-nomination of the members of the Board.-An outgoing member shall be eligible for re-nomination for the membership of the Board for not more than total two terms.

34. Resignation of the Chairperson and other members of the Board.-(1) A member of the Board, other than the Chairperson, may, by giving notice in writing to the Chairperson, resign his membership and the Chairperson may resign by a letter addressed to the Administration of Union Territory of Ladakh.

(2) A resignation shall take effect from the date of communication of its acceptance or on the expiry of 30 days from the date of resignation, whichever is earlier.

(3) When a vacancy occurs or is likely to occur in the membership of the Board, the Chairperson shall submit a report to the Administration of Union Territory of Ladakh immediately and the Administration of Union Territory of Ladakh shall, then, take steps to fill the vacancy in accordance with the provisions of the Code.

35. Cessation of membership. - If a member of the Board, fails to attend three consecutive meetings, without prior intimation to the Chairperson, he shall, cease to be a member thereof.

36. Disqualification.-(1) A person shall be disqualified for being nominated as, and for being a member of the Board–

(i) if he is declared to be of unsound mind by a competent court; or

(ii) if he is an un-discharged insolvent; or

(iii) if before or after the commencement of the Code, he has been convicted of an offence involving moral turpitude.

(2) If any question arises whether a disqualification has been incurred under sub- rule (1), the decision of the Administration of Union Territory of Ladakh thereon shall be final.

CHAPTER VI

PAYMENT OF DUES AND CLAIMS

37. Payment under clause (a) of sub-section (1) of section 44.- Where any amount payable to an employee under the Code is due after his death or on account of his whereabouts not being known, and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction of UT, Administration of Ladakh who shall disburse the amount to the person nominated by the employee after ascertaining his identity within two months of the date on which the amount was so deposited with him.

38. Deposit of the undisbursed dues under clause (b) of sub-section (1) of section 44.-(1) Where any amount payable to an employee under this Code remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of six months from the date the amount had become payable, all such amounts shall be deposited by the employer with the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction of UT, Administration of Ladakh before the expiry of the fifteenth day after the last day of the said period of six months.

(2) The amount referred to in sub-rule (1) shall be deposited by the employer with the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction of UT, Administration of Ladakh through bank transfer or through a crossed demand draft obtained from any scheduled Bank in India drawn in favour of such of the officer appointed through notification by the Administration of Union Territory of Ladakh for this purpose.

39. Manner of dealing with the undisbursed dues under clause (b) of sub-section

(1) of section 44. - (1) The amount referred to in sub rule (1) of rule 38 (hereinafter in this rule referred to as the amount) deposited with the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction shall remain with him for three years and thereafter, shall be deposited in the Labour Welfare Fund.

(2)The officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction will exhibit, as soon as may be possible, a notice containing such particulars regarding the amount as the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose considers sufficient for information at least for fifteen days on the notice board. The Ladakh Labour Welfare Board shall publish such notice in any two newspapers being circulated in the language commonly understood in the area in which undisbursed wages were earned.

(3) Subject to the provision of sub-rule (4), the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction shall release the amount to the nominee or to that person who has claimed such amount, as the case may be, in whose favour, the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose has decided, after giving an opportunity of being heard, the amount to be paid.

(4) If the undisbursed amount remains unclaimed for a period of seven years, the same shall lapse to the Ladakh Labour Welfare Board.

40.Authority to hear and determine the claims under the code:- The Administration of Union Territory of Ladakh may, by notification, appoint any Gazette officer for the purpose of sub-section (1) of Section 45 as the authority to hear and determine the claims.

CHAPTER VII

FORMS, REGISTERS AND WAGE SLIP

41. The form of a single application. – A single application, may be filed under sub- section (5) of section 45 in Form-II along with documents specified in such Form. 42. Appeal.-Any person aggrieved by an order passed by the authority under sub- section (2) of section 45 may prefer an appeal under sub-section (1) of section 49 in Form-III, along with documents mentioned by the appellant in such Form, to the Appellate Authority UT, Ladakh.

43. Form of register, etc.-(1) All fines and all realizations thereof referred to in sub- section (8) of section 19 shall be recorded in a register to be kept by the employer in Form-I appended to these rules, electronically or otherwise and the authority referred to in said sub-section (8) shall be with the officer appointed through notification by Administration of Union Territory of Ladakh for this purpose having jurisdiction of UT, Ladakh.

(2) All deductions and all realizations referred to in sub-section (3) of section 21 shall be recorded in a register to be kept by the employer in Form-I appended to these rules, electronically or otherwise.

(3) Every employer of an establishment to which the Code applies shall maintain registers under sub-section (1) of section 50 in Form-I and Form-IV, electronically or otherwise.

(4) The register maintained under above sub rules shall be preserved for a period of five years after the last entry in it and shall be produced before the Inspector- cum- Facilitator on demand.

44. Wage slip.-Every employer shall issue wage slips, electronically or otherwise to the employees in Form-under sub-section (3) of section 50 on or before payment of wages.

45. Annual Return:-The return under these rules shall be filed electronically by every employer of an establishment to which the Code applies in the relevant columns of the Form specified for such purpose in the rules made under the Code on Wages, 2019 (29 of 2019). A copy of such return shall also be forwarded electronically to the Labour Bureau, Ministry of Labour and Employment, Government of India.

46. Collection of Statistics. - The employer shall submit the details of Minimum Wages, Payment of Wages, Payment of Bonus given to the employees, as statistics required under these rules electronically in the relevant forms and manner from time to time, to the Administration of Union Territory of Ladakh as well as to the office of Director General, Labour Bureau.

CHAPTER VIII

INSPECTOR-CUM- FACILITATOR

47. Inspection scheme. - (1) For the purposes of the Code and these rules, there shall be formulated an inspection scheme by the Secretary, Labour Department UT, Ladakh with the approval of the Administration of Union Territory of Ladakh.

(2) In the inspection scheme referred to in sub-rule (1), apart from other structural facts, a number shall be specified in the scheme for each Inspector- cum-Facilitator and establishment.

48. Powers of Inspector-cum-Facilitator.- The Administration of Union Territory of Ladakh may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspector-cum-Facilitator for the purposes of this case, and define the local limits within which they shall exercise their functions:

(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers whether unskilled occupation, skilled occupation, semi-skilled occupation and highly skilled occupation in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made there under, and require the production thereof for inspection;

(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein and require any person giving out-work and any out- workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;

(c) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and

(d) supervise the payment of wages to persons employed in any factory or industrial or any other establishment;

(e) exercise such other powers as may be prescribed;

(f) Every Inspector-cum-Facilitator shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860);

(g) Any person required to produce any document or thing or to give any information by an inspector-cum-facilitator under sub-rule (a) to (e) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860)].

CHAPTER IX

OFFENCES AND PENALTIES

49. Officer for holding enquiry— For the purpose of Section 53 (1), the Administration of Union Territory of Ladakh may appoint any officer not below the rank of Joint Secretary Labour, Govt. of India or an officer of equivalent rank in the Administration of Union Territory of Ladakh, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government.

50. Officer and Manner of imposing fine under sub-section (1) of section 56.-

(1) The Administration of Union Territory of Ladakh may, by notification,

appoint any Gazette Officer for the purpose of sub-section (1) of section 56 (hereinafter referred to as the compounding officer) for composition of offences.

(2) An accused person desirous of making composition of offence under sub- section (1) of section 56 may make an application in Form VI electronically or otherwise to the Gazette Officer notified under said sub-section (1).

(3) The Officer referred to in sub-rule (1), shall, on receipt of such application, satisfy himself as to whether the offence is compoundable or not under the Code and if the offence is compoundable and the accused person agrees for the composition, compromise the offence for a sum of fifty per cent of the maximum fine provided for such offence under the Code, to be paid by the accused within the time specified in the order of composition issued by such officer.

(4) Where the offence has been compromised under sub-rule (2) after the institution of the prosecution, then, the officer shall send a copy of such order made by him for intimation to the officer referred to in sub-section (1) of section 53 for needful action under sub-section (6) of section 56.

51. Form of application for the compounding of an offence specified under sub- section (4) of section 56- An accused person desirous of making composition of offence under sub-section (1) of section 56 may make an application in Form VII electronically or manually to the Officer and in such manner as may be prescribed in Rule 50 of the Ladakh Code on Wages, Rules, 2022.

CHAPTER X

MISCELLANEOUS

52. Timely Payment of Wages. - Where the employees are employed in an establishment through contractor, then, it is the duty of the contractor to disburse the wages to his workers before the date of Payment of wages in accordance with the provisions of section 17 and also comply with the other provisions such as EPF, ESI, Labour Welfare Fund and there-after raises a bill, which is often supported by proof of compliances under various labour legislations. After verification of the same, payment is released to the contractor by Principal Employer.

Provided that, in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full as per the provision of section 55 of the Occupational Safety, Health And Working Conditions Code, 2020 and rules made there under by the Administration of Union Territory of Ladakh.

Explanation.-For the purpose of this rule, the expression "principal employer" shall have the meaning as assigned to it in the Occupational Safety, Health And Working Conditions Code, 2020 (NO. 37 of 2020).

FORM-I

{See rule-17 and rule-43 (1), (2) and (3)}

Register of Wages, Overtime, Fine, Deduction for damage and Loss andAdvance

Register

Name of the Establishment:

Name of the

Employer: Name of the Owner: PAN/TAN of the

Employer:

Labour Identification Number (LIN):

FORM-II

{See rule 41}

[SINGLE APLICATION UNDER SUB-SECTION (5) OF SECTION 45]

BEFORE THE AUTHORITY APPOINTED UNDER SUB

SECTION (1) OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019)

FOR………….

AREA………

Application No

……………………………...of 20……

Between ABC and (State the number)………others Applicants

(Through employees concerned or registered trade union or

Inspector-cum-Facilitator

Address……………………………………………………………

………………….

And

XYZ……………………………………

…………

…………………

Address…………

……

The application states as follows:

(1) The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from

……………to…….. as……………...(category)in ....... (establishment) Shri/M/s………engaged in………….(nature of work) which is/are covered by the Code on Wages, 2019.

(2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of the Code on Wages,2019.

(3) (a)The applicant(s) has/ have been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Code by Rs…. …………..Per day for the period(s) from………………………to……………………….

(a) The applicant(s) has/ have not been paid wages at Rs........................... per day for the weekly days of rest from to…

(b) The applicant(s) has/ have not been paid wages at overtime rate(s) for the period from…………………..to….

(c) The applicant(s) has/have not been paid wages for period from………………to……….

(d) Deductions have been made which are in contravention of the Code, from the wage(s) of the applicant(s) as per details specified in the annexure appended with this application.

(e) The applicant(s) has/have not been paid minimum bonus for the accounting year……………..

(4) The applicant(s) estimate(s) the value of relief sought by him/ them on each amount as under:

(a) Rs…….

(b) Rs…….

(c) Rs…….

Total Rs…….

(5) The applicant(s), therefore, pray(s) that a direction may be issued under section 45(2) of the Code on Wages, 2019 for;

(a) payment of the difference between the wages payable under the Code and the wages actually paid,

(b) payment of remuneration for the days of rest (c) payment of wages at the overtime rates,

(d) Compensation amounting to Rs………………………

(6) The applicant(s) do hereby solemnly declare(s) that the facts stated in this application are true to the best of his/their knowledge, belief and information.

Dated……… ….

Signature or thumb- impression of the employed person(s), or official of a registered trade union duly authorized or Inspector- cum- Facilitator.

Note: The applicant(s), if required, may append annexures containing details, with this application.

FORM III

(See rule 42)

Appeal under Section 49(1) of the Code

on Wages, 2019

Before The Appellate Authority under the Code on Wages, 2019

A.B.C

Address .....................................................................................................................APPE LLANT

Vs.

C.D.E.

Address ..................................................................................................................RESPO NDENT

DETAILS OF APPEAL:

1. Particulars of the order against which the appeal is

made :

Number and date:

The authority who has passed the impugned order:

Amount awarded:

Compensation awarded, if any:

2. Facts of the case:

(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).

3. Grounds for appeal:

4. Matters not previously filed or pending with any other Court or any

Appellate Authority:

The appellant further declares that he had not previously filed any appeal, writ petition or suit regarding the matter in respect of which this appeal has been made, before any Court or any other Authority or Appellate Authority nor any such appeal, writ petition or suit is pending before any of them.

5. Reliefs sought :

In view of the facts mentioned above the appellant prays for the following relief(s) :—

[Specify below the relief(s) sought]

6. List of enclosures:

1.

2.

3.

4.

Date

Place:

Signature of the appellant.

For office use

Date of filing or

Date of receipt by post

Registration No.

Authorized Signatory FORM IV

[See rule 43(3)]

EMPLOYEE REGISTER

Name of the Establishment : Name of the Employer:

Name of the Owner : PAN/TAN of the Employer:

Labour Identification Number (LIN):

2

*(Highly Skilled/Skilled/Semi skilled/Unskilled)

FORM V

[See rule 44]

WAGE SLIP

Date of issue:

Name of the Establishment……………………….

Address…..………………..…..Period…… ………

..

1. Name of employee :

2. Father's /Spouse name :

3. Designation:

4. UAN:

5. Bank Account No.:

6. Wage period:

7. Rate of wages payable:

a.)Basic b.)D.A. c.) other allowances

8. Total attendance/unit of work done:

9. Overtime wages:

10. Gross wages payable :

11. Total deductions: a.) PF b). ESI c.) Others

12. Net wages paid:

Employer / Pay-in- charge signature ANNUAL RETURN

Form No. VI

[See rule 45]

Return for the year ending the 31st December

(1) Name of the establishment and postal address

(b) Name and residential address of the Owner/Contractor

(c) Name and residential address of the Managing Agent/ Director/Partner in charge of the day-to-day affairs of the establishment owned by a company, body corporate or Association

(d) Person responsible for payment of wages

(name, address, email and phone number)

2. Number of days worked during the year

3. Number of man days worked during the year

4. Total wages paid during the year

5. Details of wages:-

(i) Gross Wages:- (ii)Deductions:-

(iii)Net wages paid:-

(iv)Deductions:

6. Balance of fines in hand at the end of the year

7. Average daily number of persons employed during the year

8. Arrears of pay in respect of previous year paid during the year

9. Total Number of Employees:-

10. Number of Employees eligible for Bonus

11. Percentage of Bonus declared to be paid

12. Total amount of Bonus actually paid

13. Date on which payment paid

14. Settlement, if any, reached under section 53 (3)

of 57 (1) of the Industrial Relations Code, 2020 with date

Certified that the information furnished above is to the best of my knowledge and belief, correct.

FORM VII

[See rule 50]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR COMPOSITION OF

OFFENCE

1. Name of applicant :

2. Father's /Spouse name :

3. Address of the applicant : 4. Particulars of the offence :…………………………………………………………………………

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

5. Section of the Code under which the offence is committed ……………………………

6. Maximum fine provided for the offence under the Code :……………………………

7. Whether prosecution against the applicant is pending or not………………………

8. Whether the offence is first offence or the applicant had committed any otheroffence prior to the offence. If yes, then, full details of the prior offence.

…………………………………………………………………………………………

9. Any other information which the applicant desires to provide

…………………………………………………………………………………………

Dated:

(Name and signature)

SCHEDULE A

LADAKH GAZETTE : EXTRAORDINARY 34

LADAKH GAZETTE : EXTRAORDINARY 35

LADAKH GAZETTE : EXTRAORDINARY 36

LADAKH GAZETTE : EXTRAORDINARY 37

LADAKH GAZETTE : EXTRAORDINARY 38

LADAKH GAZETTE : EXTRAORDINARY 39

LADAKH GAZETTE : EXTRAORDINARY 40

LADAKH GAZETTE : EXTRAORDINARY 41

LADAKH GAZETTE : EXTRAORDINARY 42

LADAKH GAZETTE : EXTRAORDINARY 43

LADAKH GAZETTE : EXTRAORDINARY 44

LADAKH GAZETTE : EXTRAORDINARY 45

"No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc."