[ 911 ]

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 05/AIL/Lab./G/2021, Puducherry, dated 09th November 2021)

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 67

of the Code on Wages, 2019 (Act No. 29 of 2019), read with section 24

of the General Clauses Act, 1897 (10 of 1897) and in supersession of

the,–

(i) Puducherry Payment of Wages Rules, 1964;

(ii) Puducherry Minimum Wages Rules, 1964;

Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

E≈©A ÿkπX|

EXTRAORDINAIRE

EXTRAORDINARY

∂]ÔV´D ÿ√u≈

Publiée par

Published by

ÿkπX|

Autorité

Authority

Registered with the Registrar

of Newspapers for India under

No. 10410

Registered No.

PY/44/2021-23

®ı

Amﬂºƒˆ

A>[˛wÁ\

2021 }

ÂkD√Ï | 17 {

No. 46

Poudouchéry

Mercredi

Novembre

2021

No.

Puducherry

Wednesday

17th

November

2021

(26 Kartika 1943)

912

LA GAZETTE DE L'ETAT

[PART–II

(iii) Payment of Bonus Rules, 1975; and

(iv) Equal Remuneration Rules, 1976;

except as respects things done or omitted to be done before such

supersession, the Lieutenant-Governor, Puducherry, hereby proposes to

make the following rules, the Draft of which as required are hereby

notified under sub-section (1) of said Section 67, for information of all

persons likely to be affected thereby and the notice is hereby given that,

the said Draft notification will be taken into consideration on 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;

2. Objections or suggestions which may be received from any

person or organisation by the Government of Puducherry in respect of

the said Draft Rules within the period specified above shall be

considered by the Government.

3. Objections or suggestions, if any, shall be addressed to the

Secretary to Government (Labour), Labour Department, Government of

Puducherry.

(By order of the Lieutenant-Governor)

S.D. SUNDARESAN, I.A.S.,

Secretary to Government (Labour).

DRAFT RULES

In exercise of the powers conferred under sub-section (1) of section 67

of the Code on Wages, 2019 (Central Act 29 of 2019), the Lieutenant-Governor,

Puducherry, hereby makes the following Rules, the same being pre-published

as required by the said section, namely:

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.— (i) These rules may

be called the Puducherry Code on Wages Rules, 2021.

(ii) They extend to the whole of the Union territory of

Puducherry.

(iii) They shall come into force after the date of their final

publication in the Official Gazette, on the date of commencement of the

Code on Wages, 2019 (29 of 2019).

913

PART–II]

LA GAZETTE DE L'ETAT

2. Definitions.— (1) In these rules, unless the subject or context

otherwise requires.–

(a) "Advisory board" means, the Central Advisory Board

constituted under sub-section (1) of section 42;

(b) "appeal" means, an appeal preferred under sub-section (1)

of section 49;

appointed under sub-section (2) of section 49;

(d) "authority" means, the authority appointed under

sub-section (1) of section 45;

(e) "Board" means, the Puducherry Advisory Board constituted

by the Government of Puducherry under sub-section (4) of

section 42;

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

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

(h) "Committee" means, a Committee appointed by the

Government under clause (a) of sub-sub-section (1) of section 8;

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

(j) "Form" means, a Form appended to these rules;

(k) "Government" means, the Administrator of the Union

territory of Puducherry appointed by the President of India under

Article 239 of the Constitution;

(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

notification under sub-section (1) of section 51;

914

LA GAZETTE DE L'ETAT

[PART–II

(n) "Member" means, a Member of the Board and includes its

Chairperson;

(o) "metropolitan area" means, a compact area having a

population of forty lakhs or more comprised in one or more

Districts;

(p) "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;

(q) "population" means, the population as ascertained at the

last preceding census of which the relevant figures have been

published;

(r) "registered trade union" means, a trade union registered

under The Trade Unions Act, 1926 (Central Act 16 of 1926);

(s) "rural area" means, the area which is not the metropolitan

area or non-metropolitan area;

(t) "Schedule" means, the schedule to these rules;

(u) "section" means, a Section of the Code;

(v) "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;

(w) "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;

(x) "unskilled occupation" means, an occupation which in its

performance requires the application of simply the operating

experience and involves no further skills;

(2) The words and expressions used in these rules which are

not defined herein, but, are defined in the Code shall have their

respective meanings as assigned to them in the Code.

915

PART–II]

LA GAZETTE DE L'ETAT

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 percent 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 integer and the factors less than

one-half shall be ignored.

(3) While fixing minimum rates of wages under Section 6 it shall

not be less than the floor wages and if the minimum rate of wages fixed

by the Government earlier is more than the floor wage, then, the

Government shall not reduce such minimum rates of wages fixed by it

earlier.

* The provisions of the rule 3 are based on the criteria declared in the Judgment

in workmen represented by Secretary Vs Management of Reptakos Brett. And

Co. Ltd. And Anr., 1992 AIR 504 pronounced by the Hon'ble Supreme Court

and on the recommendations of the 15th Indian Labour Conference (ILC).

916

LA GAZETTE DE L'ETAT

[PART–II

(4) For the categories of workers whom minimum wages have

not been fixed by the Government under this Code, the floor wages as

fixed by Government of India is applicable.

4. Norms for fixation of minimum rate of wages.— (1) While fixing

the minimum rate of wages under section 6, the Government 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 Government shall constitute a Technical Committee for

the purpose of advising the Government in respect of skill

categorization, which shall consist of the following Members, namely:–

(i) Secretary to Government (Labour)

. . Chairperson;

(ii) Under Secretary to Government (Labour) . . Member;

(iii) Assistant Director (Training), Puducherry . . Member;

(iv) Employment Officer, Puducherry

. . Member;

(v) Two technical experts in wage determination . . Member;

as nominated by the Government of

Puducherry.

(vi) Labour Officer (Enforcement), Puducherry . . Member-

Secretary.

(3) The Government shall, on the advice of the Technical

Committee referred to in sub-rule (2), 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 E.

(4) The technical committee referred in sub-rule (2) shall while

advising the Government under sub-rule (3) 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. Time Interval for revision of dearness allowance.—Endeavour

shall be made so 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 before 1st October in

every year to revise the dearness allowance payable to the employees

on the minimum wages.

917

PART–II]

LA GAZETTE DE L'ETAT

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

and one or more intervals of rest which in total shall not exceed one

hour.

(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 Central

Government.

(4) Nothing in this rule shall be deemed to affect the provisions

of the Factories Act, 1948 (Central Act 63 of 1948).

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 proviso

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

14 of 1947), and any leave or holiday, with or without pay, granted by

918

LA GAZETTE DE L'ETAT

[PART–II

the employer to an employee in the period of six days immediately

preceding the rest day, shall be deemed to be 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

919

PART–II]

LA GAZETTE DE L'ETAT

(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

Labour Commissioner or the Deputy Labour Commissioner or the

Labour Officer, Puducherry/Karaikal having territorial jurisdiction

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 Government 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 favourable 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 favourable 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 mean, a period of twenty-four consecutive hours beginning

from the time when his/her shift ends; and

920

LA GAZETTE DE L'ETAT

[PART–II

(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;

(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.

10A. Circumstances under clause (ii) of the proviso to section 10.—

An employee shall not be entitled to receive wages for a full normal

working day under section 10, if, he is not entitled to receive such wage

under any other law for the time being in force.

921

PART–II]

LA GAZETTE DE L'ETAT

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 installments so that the

recovery in any month shall not exceed the fifty percent of the wages

of the employee in that month.

12. The authority under sub-section (1) of section 19.— The

Deputy Labour Commissioner having jurisdiction over the place of work

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

section 19.— 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 give an intimation in writing specifying therein, the

detailed particulars for obtaining the approval of the imposition of fine

to the Deputy Labour Commissioner, Labour Department, Puducherry

referred to in rule 12 who shall, before granting or refusing the approval,

give opportunity of being heard to the employee and the employer

concerned.

15. Intimation of deduction.— (1) Where an employer makes any

deduction in pursuance of the proviso to sub-section (2) of section 20,

he shall make intimation of such deduction to the Inspector-cum-

Facilitator having jurisdiction within 10 days from the date of such

deduction explaining therein the reason of such deduction.

922

LA GAZETTE DE L'ETAT

[PART–II

(2) The Inspector-cum-Facilitator shall, after receiving

intimation under sub-rule (1), examine such intimation and if, he finds

that the explanation given therein is in contravention of any provision

of the Code or the rules made thereunder, he shall initiate appropriate

action under the Code against the employer.

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 section 23, 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

percent. 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. Deduction under section 24.— Deductions for recovery of

loans granted for house building or other purposes approved by the

Government, and the interest due in respect thereof shall be, subject to

any direction made or circular issued by the Government from time to

time regulating the extent to which such loans may be granted and the

rate of interest shall be payable thereon.

923

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER IV

PAYMENT OF BONUS

19. Calculation of set on or set off for the sixth accounting year.—

For the sixth accounting year, set on or set off, as the case may be,

shall be made under clause (i) of sub-section (7) of section 26, in the

manner illustrated in Schedule A, taking into account the excess or

deficiency, if any, as the case may be, of the allocable surplus set on or

set off in respect of the fifth and sixth accounting years.

20. Calculation of set on or set off for the seventh accounting

year.—For the seventh accounting year, set on or set off, as the case

may be, shall be made under clause (ii) of sub-section (7) of section 26,

in the manner illustrated in Schedule A, taking into account, the excess

or deficiency, if any, as the case may be, of the allocable surplus set on

or set off in respect of the fifth, sixth and seventh accounting years.

21. Computation of gross profits under clause (a) of section 32.—

The gross profits derived by an employer from an establishment in

respect of the accounting year shall in the case of banking company, be

calculated in the manner specified in Schedule B.

22. Computation of gross profits under clause (b) of section 32.—

The gross profits derived by an employer from an establishment in

respect of the accounting year in a case other than banking company,

be calculated in the manner specified in Schedule C.

23. Deduction of further sums under clause (c) of section 34.—

The further sums as are specified in respect of the employer in Schedule D

shall be deducted from the gross profit as prior charges under clause (c)

of section 34.

24. Manner of carrying forward under sub-section (1) of section 36.—

Where for any accounting year, the allocable surplus exceeds the

amount of maximum bonus payable to the employees in the

establishment under section 26, then, the excess shall, subject to a limit

of twenty percent. of the total salary or wage of the employees employed

in the establishment in that accounting year, be carried forward for being

set on in the succeeding accounting year and so on up to and inclusive

of the fourth accounting year to be utilized for the purpose of payment

of bonus in such manner as illustrated in Schedule A.

924

LA GAZETTE DE L'ETAT

[PART–II

25. Manner of carrying forward under sub-section (2) of

section 36.— Where for any accounting year, there is no available

surplus or the allocable surplus in respect of that year falls short of the

amount of minimum bonus payable to the employees in the establishment

under section 26, and there is no amount or sufficient amount carried

forward and set on under rule 24 which could be utilized for the purpose

of payment of the minimum bonus, then, such minimum amount or the

deficiency, as the case may be, shall be carried forward for being set off

in the succeeding accounting year and so on up to and inclusive of the

fourth accounting year in such manner illustrated in Schedule A.

CHAPTER V

PUDUCHERRY ADVISORY BOARD

A. Procedure For Puducherry Advisory Board under

sub-section (10) of section 42

26. Constitution of the Puducherry Advisory Board.— (1) The

Board shall consist of the persons to be nominated by the Government

representing employers and employees as specified in clauses (a) and (b)

of sub-section (6), read with sub-section (4) of section 42 and the

independent persons of the Board or Committee or Sub-committee as

specified in clause (c) of that sub-section.

(2) The persons representing employers as referred to in clause (a)

of sub-section (6) read with sub-section (4) of section 42 shall be four

and the persons representing employees referred to in clause (b) of that

sub-section shall also be four.

(3) The independent persons specified in clause (c) of sub-

section (6) of section 42 to be nominated by the Government shall consist

of the following, namely:–

(i) the Chairperson;

(ii) two M.L.As. may be nominated from among the sitting

M.L.As. by the Government;

(iii) two Members each of whom, shall be a professional in the

field of wages and labour related issues;

925

PART–II]

LA GAZETTE DE L'ETAT

(iv) one Member who is or has been a Presiding Officer of an

Industrial Tribunal constituted by the Government under section 7A

of the Industrial Disputes Act, 1947 (14 of 1947); and

(4) The Government shall, while nominating the Members of

the Board, take into account that the independent Members under

sub-rule (3) shall not exceed one-third of the total Members of the Board

and one-third of the Members of the Board shall be women.

27. Additional functions of the Board.— In addition to the

functions specified in sub-section (4) of section 42, the Board on

reference by the Government advise that Government on the issue

relating to the fixation of minimum wages in respect of–

(i) working journalists as defined in clause (f) of section 2 of

the Working Journalists and other Newspaper Employees (Conditions

of Service) and Miscellaneous Provisions Act,1955 (Central Act 45

of 1955); and

(ii) sales promotion employees as defined in clause (d) of section 2

of the Sales Promotion Employees (Conditions of Service) Act, 1976

(Central Act 11 of 1976).

28. Meeting of the Board.— The Chairperson may, subject to the

provisions of rule 30, 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.

29. 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.

30. Functions of Chairperson.— The Chairperson shall–

(i) preside at the meetings of the Board:

926

LA GAZETTE DE L'ETAT

[PART–II

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.

31. 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.

32. 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.

33. 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.

927

PART–II]

LA GAZETTE DE L'ETAT

34. Proceedings of the meetings.— (1) The proceedings of each

meeting of the Board showing inter alia the names of the Members

present there at shall be forwarded to each Member and to the

Government 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.

35. 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.

36. Appointment of the committees.— The Government may

constitute as many Committee under clause (a) 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

37. 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 (6) 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.

928

LA GAZETTE DE L'ETAT

[PART–II

(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 the Government.

38. 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 the

Government.

39. Officers and Staff.— The Government may provide a Secretary

not below the rank of Additional Secretary to the Government of

Puducherry, other officers and staff to the Board, as it may think

necessary for the functioning of the Board.

40. 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.

41. 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 Government.

(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

Government immediately and the Government shall, then, take steps to

fill the vacancy in accordance with the provisions of the Code.

42. 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.

929

PART–II]

LA GAZETTE DE L'ETAT

43. 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 Government thereon shall

be final.

CHAPTER VI

PAYMENT OF DUES, CLAIMS, ETC.

44. 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 Deputy Labour

Commissioner, Labour Department, Puducherry, 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.

45. 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 Deputy Labour Commissioner, Labour Department, Puducherry,

before the expiry of the fifteenth day after the last day of the said

period of six months.

930

LA GAZETTE DE L'ETAT

[PART–II

(2) The amount referred to in sub-rule (1) shall be deposited

by the employer with the Deputy Labour Commissioner, Labour

Department, Puducherry through bank transfer or through a crossed

Demand Draft obtained from any scheduled bank in India drawn in favour

of such Deputy Labour Commissioner.

46. 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 47 (hereinafter in this rule referred to as the amount)

deposited with the Deputy Labour Commissioner, Labour Department,

Puducherry shall remain with him and be invested in the Government

Securities or deposited as a fixed deposit in a Scheduled Bank.

(2) The Deputy Labour Commissioner, Labour Department,

Puducherry will exhibit, as soon as maybe possible, a notice containing

such particulars regarding the amount as the Deputy Labour

Commissioner considers sufficient for information at least for fifteen days

on the notice-board and also publish such notice in any two newspapers

being circulating in the language commonly understood in the area in

which undisbursed wages were earned.

(3) Subject to the provision of sub-rule (4), the Deputy Labour

Commissioner, Labour Department, Puducherry shall release the amount

to the nominee or to that person who has claimed such amount, as the

case may be, in whose favour such Deputy Labour Commissioner has

decided, after giving the 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 be dealt within the manner as directed

by the Government from time to time in this behalf.

CHAPTER VII

FORMS, REGISTERS AND WAGE SLIP

47. 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.

931

PART–II]

LA GAZETTE DE L'ETAT

48. 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

having jurisdiction.

49. 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 the Deputy Labour Commissioner, Labour

Department, Puducherry.

(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.

50. Wage slip.— Every employer shall issue wage slips,

electronically or otherwise to the employees in Form V under sub-section (3)

of section 50 on or before payment of wages.

51. Manner of holding enquiry under sub-section (1) of section 53.—

(1) When a complaint is filed before the officer appointed under

sub-section (1) of section 53 (hereinafter in this rule referred to as the

officer) in respect of the offences referred to in said sub-section either

by an officer authorized for such purpose by the Government or by an

employee aggrieved or a registered trade union registered under the

Trade Unions Act, 1926 or an Inspector-cum-Facilitator, the officer, after

considering such evidences as produced before him by the complainant,

is of the opinion that an offence has been committed, shall issue

summons to the offender on the address specified in the complaint fixing

a date for his appearance.

932

LA GAZETTE DE L'ETAT

[PART–II

(2) If, the offender to whom the summons has been issued

under sub rule (1) appears or is produced before the officer, he shall

explain the offender the offence complained against him and if, the

offender pleads guilty, the officer shall impose penalty on him in

accordance with the provisions of the Code and when the offender does

not plead guilty, the officer shall take evidence of the witnesses

produced by the complainant on oath and provide opportunity of cross

examination of the witnesses so produced . The officer shall record the

statement of the witnesses on oath and in cross examination in writing

and take the documentary evidence on record.

(3) The officer shall after the complainant's evidence is

complete, provide opportunity of defense to the accused person and

the witnesses produced by the accused shall be cross examined after

their statements on oath by the complainant and documentary evidence

in defense shall be taken on record by the officer.

(4) The officer shall after hearing the parties and considering

the evidences both oral and documentary decide the complaint in

accordance with the provisions of the Code.

52. The manner of imposing fine under sub-section (1) of section 56.—

(1) 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 Gazetted Officer notified under said

sub-section (1).

(2) The Gazetted 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.

(3) 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.

933

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER VIII

MISCELLANEOUS

53. Timely Payment of Wages.—Where the employees are employed

in an establishment through contractor, then, the company or firm or

association or any other person who is the proprietor of the

establishment shall pay to the contractor, the amount payable to him or

it, as the case may be, before the date of payment of wages so that

payment of wages to the employees shall be made positively in

accordance with the provisions of section 17.

Explanation: For the purpose of this rule, the expression "firm"

shall have the meaning as assigned to it in the Indian Partnership

Act, 1932 (Central Act 9 of 1932).

54. Technical

Committee

for

working

Journalist.— The

Government may, for the purpose of fixing minimum wages under the

code for the working journalist as defined in clause (f) of section 2 of

the Working Journalists and other Newspaper Employees (Conditions

of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), appoint

a Technical Advisory Committee under clause (a) of sub-section (1) of

section 8 to recommend the Government in respect of such fixation.

55. Responsibility for payment of minimum bonus.— Where in an

establishment, the employees are employed through contractor and the

contractor fails to pay minimum bonus to them under section 26, then,

the company or firm or association or other person as referred to in the

proviso to section 43 shall, on the written information of such failure,

given by the employees or any registered Trade Union or Unions of

which the employees are members and on confirming such failure, pay

such minimum bonus to the employees.

56. Inspection scheme.— (1) For the purposes of the Code and

these rules, there shall be formulated an inspection scheme by the Labour

Commissioner with the approval of the Government.

(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.

934

LA GAZETTE DE L'ETAT

[PART–II

FORM – I

[See rule-17 and rule-49(1), (2) and (3)]

Register of Wages, Overtime, Fine, Deduction for Damage and Loss

Name of the Establishment

Name of the Employer

Name of the Owner

PAN/TAN of the Employer :

Labour Identification Number (LIN) :

Sl. No. in

Name of

Designation/and

Duration of Payment

Wage Period

Total No. of

Employee

the

Department

of Wages (Monthly/

From - To

days worked

employee

Fortnightly/Weekly/

during the

Daily/Piece rated)

period

(1)

(2)

(3)

(4)

(5)

(6)

Total overtime

Rates of wages

Overtime

Nature of acts and

Amount of

(hours worked

earning

omissions for

fine imposed

or production

which fine imposed

in case of

Basic

Allowances

with date

piece workers)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

935

PART–II]

LA GAZETTE DE L'ETAT

Damage or

Amount of

Total

Date of

Attendance

loss caused

deduction

amount of

Payment

to the

from wages

wages paid

employer by

Date

Signature

neglect or

default of the

employee

(14)

(15)

(16)

(17)

(18)

(19)

936

LA GAZETTE DE L'ETAT

[PART–II

FORM – II

(See rule 47)

[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) ...........….......................... other

..................................................................................................... Applicant

(Through employees concerned or registered Trade Union or

Inspector-cum-Facilitator Address ............................................................

And

XYZ ................................................................................................. Respondent

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 ` .................... per day

for the period(s) from .................... to ....................

(b) The applicant(s) has/have not been paid wages at

` ..................................... per day for the weekly days of rest

from .................... to ....................

937

PART–II]

LA GAZETTE DE L'ETAT

rate(s) for the period from .................... to ...................

(d) The applicant(s) has/have not been paid wages for period

from .................... to ...................

(e) 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.

(f) 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) ` ...............................

(b) ` ...............................

(d) Total ` ....................

(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,

(d) compensation amounting to ` ...............................

(6) The applicant(s) do hereby solemnly declare(s) that the facts

stated in this application are true to the best of his/her/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.

938

LA GAZETTE DE L'ETAT

[PART–II

FORM – III

(See rule 48)

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 ......................…......................…......................…......... APPELLANT

Vs.

C.D.E.

Address ......................…...................…......................…......... RESPONDENT

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.

939

PART–II]

LA GAZETTE DE L'ETAT

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:–

Place :

Date :

Signature of the appellant.

(For office use)

Date of filing

(or)

Date of receipt by post :

Registration No.

Authorized Signatory

940

LA GAZETTE DE L'ETAT

[PART–II

FORM – IV

[See rule 49 (3)]

Employee Register

Name of the Establishment

Name of the Employer

Name of the Owner

PAN/TAN of the Employer :

Labour Identification Number (LIN) :

Sl. No.

Employee Code

Name

Surname

Gender

Father's/Spouse Name

Date of Birth

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Nationality

Education

Date of

Designation