[ 115 ]

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 2/AIL/Lab./G/2022, Puducherry, dated 18th March 2022)

NOTIFICATION

The following Draft Rules, which the Government of Puducherry

proposes to make in exercise of the powers conferred by sections 154

and 156 of the Code on Social Security, 2020 (Central Act No. 36 of 2020),

read with section 24 of the General Clauses Act, 1897 (Central Act

No. 10 of 1897) and in supersession of,–

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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29 {

No. 14 Poudouchéry Mardi

Mars

2022

No.

Puducherry

Tuesday

29th

March

2022

(8 Chaitra 1944)

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[PART–II

(i)

the Workmen’s Compensation Puducherry Rules, 1964;

(ii)

the Puducherry Employees’ State Insurance Court Rules, 1965;

(iii)

the Puducherry Payment of Gratuity Rules, 1973;

(iv)

the Building and Other Construction Workers’ Welfare

Cess Rules, 1998 as adopted by the Government of

Puducherry and in its application to the Union territory of

Puducherry; and

(v)

the Puducherry Unorganised Workers' Social Security Rules, 2020;

made by the Government of Puducherry in exercise of the powers

conferred by (i) the Employees Compensation Act, 1923 (Central

Act 8 of 1923), (ii) the Employees State Insurance Act, 1948 (Central Act

No. 34 of 1948), (iii) the Payment of Gratuity Act, 1972 (Central Act

No. 39 of 1972), (iv) the Building and other Construction Workers

Welfare Cess Act, 1996 (Central Act No. 28 of 1996) and (v) the

Unorganised Workers’ Social Security Act, 2008 (Central Act No. 33 of 2008),

as the case may be, which are repealed by section 164 of the said Code

on Social Security, except as respects things done or omitted to be done

before such supersession, are hereby notified as required by section 158,

for information of all persons likely to be affected thereby and the notice

is hereby given that the said Draft Notification will be taken into

consideration after the expiry of a period of forty-five days from the

date on which the copies of the Official Gazette in which this notification

is published are made available to the public;

2. Objections and suggestions if any, 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 and suggestions, if any, shall be addressed to the

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

Puducherry, or by e-mail to [email protected].

(By order of the Lieutenant-Governor)

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

Secretary to Government (Labour).

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DRAFT RULES

CHAPTER-I

PRELIMINARY

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

be called “the Puducherry Code on Social Security Rules, 2022”.

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

Puducherry.

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

publication in the Official Gazette and upon enforcement of the Code

on Social Security, 2020 (Central Act No. 36 of 2020).

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

requires,–

(a) “agency” means, any Corporation, Body or Institution,

established under an Act of Parliament or State Legislature or

Central or State Public Sector Undertaking or Special Purpose

Vehicle as notified by the Central/State Government;

(b) “appeal” means, an appeal preferred under sub-section (8)

of section 56 or sub- section(1) of section 105, sub-section(2) of

section 68 and sub-section(3) of section 72 or as the case may be

unless the context otherwise requires;

Puducherry or the authority specified by the Government under

sub-section (8) of section 56 or an officer, senior in rank to the

Assessing Officer for the purposes of section 105 of the Code,

appointed by the Government as the case may be unless the

context otherwise requires;

(d) “Assessing Officer” means, a Gazetted Officer of the

Government or such other officer appointed by the Government

for assessment of Cess under the Code;

(e) “Authority” means, the Government or the Authority

specified by the Government in section 111 of the Code, clause (d)

of section 123, sub-section (2) of section 136 and clause (vi) of

section 147 or as the case may be unless the context otherwise

requires;

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(f) “average daily wages during a contribution period”, under

Chapter IV of the Code in respect of an employee, means, the

aggregate amount of wages payable to him during that period

divided by the number of days for which such wages were

payable;

(g) “Average daily wages during a wage period”, under Chapter IV

of the Code, means–

(i) in respect of an employee who is employed on time-rate

basis, the amount of wage which would have been payable

to him for the complete wage period had he worked on all

the working days in that wage period, divided by 26 if, he

is monthly rated, 13 if, he is fortnightly rated, 6 if, he is

weekly rated and if, he is daily rated;

(ii) in respect of an employee employed on any other basis, the

amount of wages earned during the complete wage period

in the Contribution period divided by the number of days

in full or part for which he has worked for wages in that

wage period:

Provided that where an employee receives wages without

working on any day during such wage period, he shall be deemed to

have worked for 26, 13, 6 or 1 day(s) or day if, the wage period be a

month, a fortnight, a week or a day, respectively.

Explanation.– Where any nightshift continues beyond midnight,

the period of the nightshift after midnight shall be counted for reckoning

the day worked as part of the day preceding;

(h) “benefit period” means, the period not exceeding six

consecutive months corresponding to the contribution period, as

may be specified in the Regulations;

(i) “beneficiary” means, a building worker registered under

section 106 or, as the case may be, an unorganised worker

registered under section 113;

(j) “Cess Collector” means, an officer appointed by the

Government for collection of cess under the Code;

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(k) “Chairperson” means, the Chairperson of the Puducherry

Unorganised Workers’ Social Security Board, constituted under

sub-section (9) of section 6 or, as the case may be, the Puducherry

Building and Other Construction Workers’ Welfare Board,

constituted under sub-section (1) of section 7 of the Code;

(l) “Chartered Engineer” means, a person having an engineering

degree and the corporate membership of Institute of Engineers

India;

(m) “Code” means, the Code on Social Security, 2020 (Central

Act No. 36 of 2020);

(n) “contribution period” means, the period not exceeding six

consecutive months, as may be specified in the Regulations;

(o) “electronically” means, any information submitted by digital

mode or uploading on the designated portal or digital payment in

any mode for the purpose of the Code;

(p) “Form” means, a Form appended to these rules;

(q) “fund” means, the Puducherry Unorganised Workers' Social

Security Fund or as the case may be, the Puducherry Building and

Other Construction Workers' Welfare Fund;

(r) “Government” means, the Administrator of the Union

territory of Puducherry appointed under Article 239 of the

Constitution.

(s) “Government Securities” means, Government Securities as

defined in the Government Securities Act, 2006 (Central Act

No. 38 of 2006);

(t) “immovable property” includes land, benefits to arise out

of land, things attached to the earth, or permanently fastened to

anything attached to the earth;

(u) “movable property” means, property of every description

except immovable property;

(v) “Nodal Officer” means, a person designated by Building and

Other Construction Workers’ Welfare Board or the Government of

Puducherry to facilitate the registration, renewal and updation

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[PART–II

electronically or otherwise or any such other function of Building

Workers working in the Private Sector, Government of Puducherry,

Central Government and Public Sector Undertakings of the Central

and the Government of Puducherry or Local Authority. The Nodal

Officer shall also supervise and monitor functions of the

Beneficiary Registering Officers designated by the Government;

(w) “nomination” means, nomination made under section 55 of

the Code;

(x) “Registered Medical Practitioner” means, a medical

practitioner who possesses any recognised medical qualification

as defined in clause (h) of Section 2 of the Indian Medical Council

Act, 1956 and who is enrolled on a Indian Medical Register as

defined in clause (d) and on a State Medical Register as defined

in clause (k) of the said section 2 of the Act;

(y) “register of women employees” means, a register of women

employees maintained under rule 72(1);

(z) “Schedule” means, the Schedule of the Code;

(za) “section” means, a section of the Code;

(zb) “specified” means, specified by an order of the Central

Government or the Government of Puducherry or any officer so

authorised by the Government;

(zc) “standard benefit rate” means, average daily wages

obtained by dividing the total wages paid during the Contribution

period by the number of days for which these wages were paid ;

(zd) “turnover” of an aggregator as defined under sub-section (91)

of Section 2 of the Companies Act, 2013 (Central Act No. 18 of

2013), means, the gross amount of revenue recognized in the profit

and loss account from the sale, supply, or distribution of goods

or on account of services rendered, or both, by a company during

a financial year.

(ze) “year” shall means, the financial year, that is to say,

beginning from the first of April and ending with the thirty-first of

March of the year following:

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Provided that “year” for the purpose of validity of registration,

renewal and grant of assistance under the Puducherry Unorganised

Workers’ Social Security Board or Puducherry Building and Other

Construction Workers’ Welfare Board constituted by the Government

shall mean 365 days successively counted from the date of registration

as beneficiary, that is to say, commencing from the initial date of

registration and ending with the date preceding the date of registration

in the following year and so on.

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

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

respective meaning as assigned to them in the Code.

CHAPTER-II

SOCIAL SECURITY ORGANIZATION

Part-A

Puducherry Unorganized Workers Social Security Board

3. Constitution of the Puducherry Unorganised Workers’ Social

Security Board.— (1) The State Board constituted under sub-section (9)

of section 6 shall be called as the ‘Puducherry Unorganised Workers'

Social Security Board’ (hereinafter in this part referred to as the Board).

(2) A Member, other than an ex-officio Member, shall hold office

for a period of three years from the date of his nomination.

(3) A Member shall be eligible for re-nomination:

Provided that a Member, other than an ex-officio Member, shall

not hold the office for more than two terms.

(4) The Government shall nominate (i) seven representatives of

associations of unorganised workers (ii) seven representing employers

of unorganised workers each in, Puducherry Unorganised Workers' Social

Security Board, in the category of sub-clauses (i) and (ii) of clause (d) of

sub-section (10) of Section 6 of the Code in such manner, as decided by

the Government.

(5) The Government shall nominate two Members of Puducherry

Legislative Assembly under sub-clause (iii) of clause (d) of sub-section (10)

of Section 6.

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(6) The Government shall nominate five persons under

sub-clause (iv) of clause (d) of sub-section (10) of section 6 from

amongst persons of eminence in the field of labour welfare, management,

finance, law and administration.

(7) The Government shall nominate ten Members under

sub-clause (v) of clause (d) of sub-section (10) of Section 6 representing

Departments of the Government, concerned with the matters related to

the welfare of the unorganised sector workers.

(8) A Member nominated under sub-clauses (i), (ii) and (iii) of

clause (d) of sub-section (10) of the Section 6, shall cease to be a

Member of the Board if, he ceases to represent the category of interest

from which he was so nominated.

(9) Out of the persons nominated under sub-clause (i), (ii) and (iv)

of sub-section (10) of the Section 6, representation shall be made for

one Member each from the Scheduled Castes, the Scheduled Tribes, the

Minorities and women.

(10) A member nominated under sub-clause (iii) of clause (d)

of sub-section (10) of the Section 6 shall cease to be a Member of the

Board, if, he ceases to be a Member of the Puducherry Legislative

Assembly by virtue of which provision (s)he was so elected.

(11) No person shall be chosen as, or continue to be, a Member

of the Board, if, such person is disqualified in terms of any of the

provision(s) of section 8.

4. Manner of exercising the powers and performance of the

functions of the Puducherry Unorganised Workers' Social Security

Board.—(1) The Board, for discharging its functions as assigned to it,

under sub-section (15) of Section 6, may constitute advisory

committee(s) to advice on such matters as may be referred to it for

advice.

(2) The committee(s) referred to in sub-rule (1) may co-opt

Members from the Board or outside as the case may be, from the field

of experts, on which the committee is required to deliberate/advice.

5. Reconstitution of the Board.—(1) The Government shall initiate

the process for reconstitution of the Puducherry Unorganised Workers’

Social Security Board, prior to six months of expiry of the term of the

Board.

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(2) If, the new Board is not re-constituted after completion of

the term of the Board, the Chairman shall be deemed to have vacated

his office and the Government may by notification direct that the

Secretary (Labour), Government of Puducherry may function as the

Chairperson till the new Board is constituted:

Provided that the Members may continue to officiate till their

successors are appointed.

(3) All actions taken pursuant to the arrangement under sub-rule (2),

shall have the same effect as if, it has been carried out by the Board

itself.

6. Resignation.—(1) A Member of the Board, not being an

ex-officio Member, may resign by a letter in writing addressed to the

Government and his membership shall cease from the date on which his

resignation is accepted or on the expiry of thirty days from the date of

receipt of intimation of resignation, whichever is earlier.

(2) The power to accept the resignation of a Member under

sub-rule (1) shall vest with the Government.

7. Change of address.— If, a Member changes his address, he

shall notify his new address to the Member-Secretary of the Board who

shall there upon enter such new address in the official records:

Provided that if, a Member fails to notify such new address, the

address in the official records shall for all purposes be deemed to be

the Member's correct address.

8. Manner of filling vacancies.—When a vacancy occurs or is

likely to occur in the membership of the Board, Member-Secretary of

the Board shall submit a report to the Government and on receipt of

such report, the Government may, by notification, nominate a person to

fill that vacancy and the person so nominated shall hold office for the

remainder of the term of office of the Member in whose place he is

nominated.

9. Procedure for removal of a member from the Puducherry

Unorganised Workers’ Social Security Board.— (1) During the

pendency of the proceeding, if any, under clauses (b) and (c) of

sub-section (2) of Section 8 relating to removal of a Member of the

Board, such Member shall not take part in the meeting of the Board.

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(2) The decision of the Government, on removal of any Member

under section 8, shall be final.

10. Manner of holding Meetings and list of business.—(1) The

Chairperson shall preside over every meeting of the State Board in which

he is present and in his absence, the Vice-Chairperson shall preside over

such meeting.

(2) The Board shall, meet at least once in a quarter at such place

and time as may be decided by the Chairperson.

(3) A notice of not less than 15 days from the date of its issue,

containing the date, time and place of every ordinary meeting of the

State Board, together with a list of business proposed to be transacted

approved by the Chairperson shall be sent to every Member of the State

Board, through e-mail or registered post or speed post or by special

messenger.

(4) In case when the Chairperson calls an emergency meeting

of the State Board for considering any matter which in his opinion is

urgent, a notice with such reasonable time he may consider necessary,

shall be deemed sufficient and shall be sent to every Member through

e-mail or by registered post or speed post or special messenger.

(5) No business other than for which the meeting of the State

Board has been convened shall be transacted at the meeting except with

the permission of the Chairperson.

11. Quorum.— (1) No business shall be transacted at any meeting

of the State Board without a quorum of eight members present in that

meeting:

Provided that if at a meeting, less than eight Members are

present, the Chairperson may adjourn the meeting to another date

informing the members present and giving notice to the other Members

that he proposes to dispose of the business at the adjourned meeting

whether there is required quorum or not, and it shall thereupon be lawful

to transact the business at the adjourned meeting irrespective of the

number of Members attending.

(2) The Chairperson may debar any Member, other than

ex-officio Members, from taking part in the Meeting of the Board if,–

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(a) he remains absent in three consecutive meetings of the

Board without written information to and permission of the

Chairperson; or

(b) in the view of the Government, such Member has ceased to

represent the interest which he purports to represent on the Board.

12. Disposal of Business.—Every question considered at a meeting

of the State Board shall be decided by a majority of the votes of the

Members present and voting. In the event of an equality of votes, the

Chairperson shall exercise an additional casting vote:

Provided that the Chairperson may, if he thinks fit, direct that

any question shall be decided by the circulation of necessary papers to

the members of the State Board and by securing their opinions in writing.

Any such question shall be decided in accordance with the opinion of

the majority of Members received within the time-limit allowed and if,

the opinions are equally divided, the opinion of the Chairperson shall

prevail:

Provided further that any Member of the State Board may

request that the question referred to the Members for written opinion

be considered at a meeting of the State Board and thereupon the

Chairperson may, if the request is made by not less than three Members,

direct that it be so considered.

13. Minutes of meetings.— (1) The minutes of each meeting

showing inter-alia the names of the Member present there, shall be

forwarded to each Member of the State Board and to the Government

as soon as possible and in any case not later than four weeks after the

meeting.

(2) The minutes of each meeting of the State Board shall be

signed by the Chairperson.

(3) The minutes of the meeting shall be confirmed, with such

modification if any, at the next meeting.

(4) The minutes of a meeting of the State Board shall be kept

in separate Book.

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14. Allowances of Members.— (1) The travelling allowance of an

official member of the Board shall be governed by the rules applicable

to him for journey performed by him on official duties and shall be paid

by the authority paying his salary.

(2) Members of the Board other than the Official Members shall

be paid travelling allowance for attending the meeting of the Board at

such rates as are admissible to Group ‘A’ Officer of the Government of

Puducherry and daily allowances shall be calculated at the maximum rate

admissible to Group ‘A’ Officer of the Government.

15. Officers and staff of the Board.— (1) The Member-Secretary

of the State Board shall be its Chief Executive Officer.

(2) The State Board may utilise the services of the officers and

other staff of the State Labour Directorate (both at the Headquarters

and in the field) for discharge of the functions under the Code, till regular

arrangement of its staff is made.

(3) The salaries and other allowances of the officers and other

staff of the State Board shall be such as may be decided by the

Government of Puducherry from time to time.

(4) For smooth functioning of the Board, the Secretary and other

officers and employees of the Board may visit different States or

Districts and the expenditure incurred towards the said visit may be met

from the funds of the Board within its administrative expenses.

(5) Subject to the financial capability, the Board may appoint

its own staff and provide their salaries, allowances and other

remuneration from its fund at such rate as may be decided by the Board

from time to time.

(6) A senior officer belonging to Puducherry Financial Service

cadre may be deputed by the Government of Puducherry to the Board

to look after the financial matters of the Board.

(7) The Board may in consultation with the Government, open

or shift or close District and Regional Offices, as it may consider

necessary for the purpose of implementing the welfare schemes under

the Code, taking into account the actual requirement of such offices.

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16. Constitution and administration of Fund under sub-section (5)

of section 141.— (1) The Fund constituted by the State Government

under sub-section (5) of section 141 shall be called as Puducherry

Unorganised Workers Social Security Fund to which there shall be

credited the amount received from,–

(i) the composition of offences under the code relating to the

Government of Puducherry;

(ii) amount allotted under the budgetary provisions of the

Government for the establishment of the fund;

(iii) amount of grant given by the Central Government;

(iv) amount received for implementation of the scheme notified

by the Central Government;

(v) contribution or donation or any other financial support from

employer, their Association or from Corporate Social Responsibility

(CSR) Fund as determined by the Government by general or special

order.

(2) The fund received as above shall be kept in a separate Bank

Account in a Scheduled Bank and such fund shall be administered and

transacted by the Board.

(3) The fund of the Board shall be expended for the

implementation of the welfare schemes framed for unorganised workers

of the State and Central Government and for meeting the administrative

expenses of the Board, which shall not be more than ten percent of

expenditure on such Scheme.

17. Administrative and Financial Powers of the Member-

Secretary.—(1) The Member-Secretary shall, with the approval of the

Chairperson, issue notice to convene meetings of the Board and keep

record of minutes and shall take necessary steps for carrying out the

decision of the Board.

(2) The Member-Secretary shall open a Savings Bank Account

in a Nationalized Bank in the name of Puducherry Unorganized Workers'

Social Security Board and shall operate the said Account.

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[PART–II

(3) All administrative expenditure up to Rupees five lakhs at a

time shall be sanctioned and drawn under the signature of the Member-

Secretary and such expenditure in excess of Rupees five lakhs at a time

shall be approved by the Vice Chairperson prior to disbursement by the

Member-Secretary of the Board and such financial power of the Member-

Secretary and the Vice Chairperson shall be altered by the Board when

felt necessary.

(4) The Member-Secretary may also exercise such other

administrative and financial powers, as may be delegated to him, from

time to time, by the Board on recommendation of the Chairperson.

(5) The Board may, from time to time, delegate, subject to such

conditions as it may deem fit, administrative and financial powers to any

other Officer under the control and supervision of the Board to such

extent, for such purpose and subject to such conditions as may be

specified in the delegation, for its efficient functioning.

(6) The accounts of the bank shall be reconciled once in every

quarter with the Cash Book of the Board. The consolidated debits and

credits of bank account shall tally with the income and expenditure of

the fund. A Bank reconciliation statement shall be made at the end of

every quarter to explain inconsistencies between the Fund Account

maintained in the Board and the Bank Accounts.

(7) The Member-Secretary shall ensure that–

(i) the accounts of the Board on all income and expenditure

shall be maintained annually as per the provision of section 115

of the Code;

(ii) the income and expenditure of the Board shall be audited

annually as per the provision of section 116 of the Code;

(iii) the budget of the Board shall be framed annually and

submitted to the Government as per the provision of section 117

of the Code; and

(iv) the annual report on the works and activities of the Board

shall be prepared annually and submitted to the Government as

per the provision of section 118 of the Code.

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18. Budget of the Board.—The budget estimate of the Board

containing estimated receipt and expenditure for every financial year shall

be prepared and laid before the Board by 31st January of every year

and the Board shall approve the budget before the 31st March for which

the details of all immovable and movable assets of the Board including

the Bank deposits, expenditure incurred on welfare schemes,

administration and other sub-heads against the current year's approved

budget and a detailed progress report on the functioning of the Board

during the current year, shall be placed before the Board for consideration

after which the budget shall be submitted to the Government for its

approval.

Part – B

Puducherry Building and Other Construction Workers’ Welfare Board

19. Constitution of the Puducherry Building and Other

Construction Workers’ Welfare Board.—(1) The “Board” constituted

under sub-section (1) of section 7 shall be known as the 'Puducherry

Building and Other Construction Workers’ Welfare Board'(hereinafter in

this part referred to as the Board).

(2) The Puducherry Building and Other Construction Workers’

Welfare Board shall consist of the following Members, namely:-

(i) A Chairperson to be nominated by the State Government;

(ii) A Member to be nominated by the Central Government;

(iii) Five Members representing the Government connected with

the activities covered under these Acts, to be appointed by the

State Government.

(iv) Five Members from among the employers of building and

other construction workers to be appointed by the State

Government.

(v) Five Members representing the building and other

construction workers to be appointed by the State Government.

(3) At least one of the Member of the Board nominated under

clauses (iii) (iv) and (v) of sub-rule (2) shall be a woman.

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[PART–II

20. Terms of office of the Board.— (1) The term of office of the

Chairperson and the Members of the Board other than the official

Members shall be three years from the date of their appointment/

nomination.

(2) The State Government shall initiate the process for

reconstitution of the Puducherry Building and Other Construction

Workers’ Welfare Board, prior to six months of expiry of the term of the

Board.

(3) If, the new Board is not reconstituted after completion of

the term of the Board, the Chairman shall be deemed to have vacated

his office and the Government may by notification direct that the

Secretary (Labour), Government of Puducherry may function as the

Chairperson till the new Board is constituted:

Provided that the Members may continue to officiate till their

successors are appointed.

(4) All actions taken during the interim period shall have the

same effect as if, it has been carried out by the Board itself.

21. Resignation.— (1) A Member of the Board, not being an

ex-officio Member, may resign by a letter in writing addressed to the

Central Government/Government of Puducherry as the case may be and

his membership shall cease from the date on which his resignation is

accepted by the Government concerned or on the expiry of thirty days

from the date of receipt of intimation of resignation, whichever is earlier.

(2) The power to accept the resignation of a Member under

sub-rule (1) shall vest with the Government.

22. Filling of casual vacancies.— When a vacancy occurs in the

membership of the Board due to death, resignation or otherwise, the State

Government may, by notification nominate such number of person(s) to

fill such casual vacancies and the person so nominated shall hold office

for the remaining period of the term of office of the Member in whose

place he is nominated.

23. Cessation of Membership.—If, any Member of the Board, not

being an ex-officio Member, fails to attend three consecutive meetings

of the Board without obtaining the leave of the Chairperson for such

absence, he shall cease to be a Member of the Board:

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Provided that the Board may, if it is satisfied that such Member

was prevented by sufficient cause from attending three consecutive

meetings, direct that such cessation shall not take place and on such

direction being made, such Member shall continue to be a Member of

the Board.

24. Fees and Allowances.—(1) The Chairperson shall be paid the

honorarium and other allowances and facilities as may be fixed by the

Government, from time to time.

(2) Every non-official Member of the Board shall be paid

a sitting allowance of ` 2,000 or an amount as may be fixed by the

Government, from time to time, for attending the meeting of the Board.

(3) Every non-official Member shall be allowed travelling

allowance and daily allowance for attending a meeting of the Board at

such rate as admissible to Group ‘A’ Officers of the Government.

(4) All such expenditures shall be met from the funds of the

Board within its administrative expenses.

(5) The travelling allowance and daily allowance of an official

member shall be governed by the rules applicable to him for journey

performed on official duties and shall be paid by the respective

Department.

25. Appointment of Secretary and other Officers.—(1) The Board

may, with prior approval of the Government, appoint an Officer from

the Directorate of Labour not below the rank of Joint Labour

Commissioner on deputation as Secretary of the Board who shall receive

his pay and other allowances from the budget provisions of the Labour

Department of the Government.

(2) The Board shall utilize the services of the officers and other

staff of the Puducherry Labour Department for due discharge of its

functions, both at the Headquarters and in the field, in addition to their

own duties who shall receive their pay and other allowances from the

budget provisions of the Labour Department of the Government.

(3) For smooth functioning of the Board, the Secretary and other

officers and employees of the Board may visit different States or

Districts and the expenditure incurred towards the said visit shall be

met from the funds of the Board within its administrative expenses.

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(4) Subject to the financial capability, the Board may appoint

its own staff and provide their salaries, allowances and other

remuneration from the funds of the Board at such rate as may be decided

by the Board from time to time.

(5) A senior officer belonging to Puducherry Financial Service

cadre may be deputed to the Board to look after the financial matters of

the Board.

(6) The Board may in consultation with the State Government,

open or shift or close District and Regional Offices, as it may consider

necessary for the purpose of implementing the welfare schemes under

the Code, taking into account its financial condition and the actual

requirement of the such offices.

26. Administrative and Financial Powers of the Secretary.—

(1) The Secretary of the Board shall be its Chief Executive Officer.

(2) The Secretary shall, with the approval of the Chairperson,

issue notice to convene meetings of the Board and keep record of

minutes of the meeting and shall take necessary steps for carrying out

the decision of the Board.

(3) The Secretary of the Board may, with the approval of the

Chairperson, sanction funds and allow expenditure for contingencies

upto a limit to be authorized, from time to time, by the Board:

Provided that, the Secretary may incur expenditure up to Rupees

one lakh to meet unforeseen exigencies without being authorized by the

Board, but, with the approval of the Chairperson.

(4) The Secretary may also exercise such other administrative

and financial powers other than those specified in sub-rule (3), as may

be delegated to him, from time to time, by the Board on recommendation

of the Chairperson.

(5) The Board may, from time to time, delegate, subject to such

conditions as it may deem fit, administrative and financial powers to any

other officer under the control and supervision of the Board to the extent

considered necessary for its efficient functioning.

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(6) The Board may, with the prior approval of the Government,

delegate financial powers to the Collector of the District and other

officers of the State Government to such extent, for such purpose and

subject to such conditions as may be specified in the delegation.

27. Amount in connection with premium for Group Insurance

Scheme of the beneficiaries under clause (c), the educational schemes

for the benefit of children of the beneficiaries under clause (d) and

the medical expenses for treatment of major ailments of a beneficiary

or, such dependant under clause (e) of sub-section (e) of section 7.—

The Puducherry Building and Other Construction Workers’ Welfare

Board shall,–

(i) pay such amount in connection with premium for Group

Insurance Scheme of the beneficiaries;

(ii) frame educational schemes for the benefit of children of the

beneficiaries; and

(iii) meet such medical expenses for treatment of major ailments

of a beneficiary or, such dependant;

as may be notified by the Government from time to time.

CHAPTER – III

EMPLOYEES’ INSURANCE COURT

28. Manner and time within which second appeal may be filed to

the Employees’ Insurance Court by the Insured Person or the

Corporation under clause (b) of sub-section (7) of Section 37.— (1) The

Insured Person or the Corporation may appeal to the Employees’

Insurance Court by presenting an application within ninety days of the

date of communication of the decision of the Medical Board or of the

Medical Appeal Tribunal to the Insured Person or the Corporation, as

the case may be:

Provided that the Employees’ Insurance Court may entertain an

appeal after the period of ninety days, if, it is satisfied that the appellant

had sufficient reasons for not presenting the application for appeal

within the said period.

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(2) The application for appeal to the Employees’ Insurance

Court, shall be in Form-I.

29. Procedure to be followed by the Employees’ Insurance Court

under sub-section (2) and the rules under sub-section (3) of Section 50

and the manner of commencement of proceedings before the Employees'

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

Section 51.—(1) The State Government, by notification, shall constitute

an Employees' Insurance Court under section 48, for such local area as

may be specified in the notification.

(2) An Application in respect of any question or dispute or

claim as referred under sub-section (1) of section 49 shall be presented

in triplicate in Form-II and shall contain the following particular, namely:–

(a) The Name of the Court in which Application is brought;

(b) Full name description including age, occupation ;

person of unsound mind, a statement to that effect and the full

name, age, occupation and full postal address of his or her

guardian, next-of-kin, or any other person authorized to act on his

or her behalf;

(d) The fact constituting the cause of action and the date when

it arose;

(e) The facts showing that Court has jurisdiction; and

(f) The relief which the applicant claims;

(3) Every application shall be verified in the same manner as a

pleading in a Civil Court.

(4) All documents on which the application is based or has

desired by applicant shall be appended to application with an accurate

list thereof;

(5) All applications shall be entered in a register in Form-III to

be maintained by the Court.

(6) Every application to the Court shall be brought within three

years on which the cause of action arose or as the case may be, the

claim becomes due;

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(7) Where at any stage it appears to the Court that the

application should be presented to another Court, or should be

entertained by another Court, the first mentioned Court shall transfer

the application along with the file of the case to the Court empowered

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

accordingly and the Court to which the application along with the file

is transferred shall continue the proceedings as if, the previous

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

(8) The Court shall follow the rules of Code of Civil Procedure

(Central Act No. 5 of 1908) in respect of summoning of the parties,

service of summon, procedure of hearing, framing of issues, statement

and production of evidence, method of recording evidence, cross

examination of witness and other related matters.

(9) The fee payable on an application in respect of any matter

referred to in Section 49 shall be ` 100 (rupees one hundred), however,

the Government may enhance the fees by notification, from time to time.

(10) The fee and costs payable in respect of any other matters

shall be such as is prescribed by the relevant laws for the time being in

force.

(11) All fees and costs referred to in this rule shall be collected

by way of Court fee stamps.

CHAPTER – IV

GRATUITY

30. Bank or other financial institution in which the gratuity shall

be invested for the benefit of minor under the third proviso to

sub-section (1) of section 53.—In the case of nominee, or an heir, who

is minor, the competent authority shall invest the gratuity amount

deposited with him by the employer for the benefit of such minor in term

deposit with the State Bank of India or any Nationalised Bank.

Explanation : “Nationalised Bank” means, a corresponding new

Bank specified in the First Schedule to the Banking Companies

(Acquisition and Transfer of Undertakings) Act, 1970 (Central Act

No. 5 of 1970) with reference to section 3 of that Act or a corresponding

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new Bank specified in the First Schedule to the Banking Companies

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

No. 40 of 1980) with reference to section 3 of that Act.

31. Time, form and manner of nomination by an employee

under sub-section (1), the time to make fresh nomination under

sub-section (4), the form and manner of modification of a nomination

under sub-section (5) and the Form for fresh nomination under

sub-section (6) of section 55.—(1) A nomination under sub-section (1)

of section 55 shall be in Form-IV and submitted in duplicate by the

employee either by personal service, after taking proper receipt or by

registered post acknowledgment due or electronically to the employer.

(2) In the case of an employee who is already in employment

for a year or more on the date of commencement of these rules, but, not

submitted the nomination, he shall submit the same within ninety days

from the date of such commencement and in the case of an employee

who completes one year of service after the date of commencement of

these rules, he shall submit the same within thirty days of the completion

of one year of service:

Provided that nomination in Form-IV shall be accepted by the

employer after the specified period, if, filed and no nomination so

accepted shall be invalid merely because it was filed after the specified

period.

(3) Within thirty days of the receipt of nomination in Form-IV

under sub-rule (1), the employer shall verify the service particulars of

the employee, as mentioned in the Form of Nomination, or caused to

verify with reference to the records of the establishment and return to

the employee, after obtaining a receipt thereof, the duplicate copy of

the nomination in Form-IV duly attested either by the employer or an

officer authorised in this behalf by him, as a token of recording of the

nomination by the employer and the other copy of the nomination shall

be retained.

(4) An employee who has no family at the time of making a

nomination shall, within ninety days of acquiring a family shall submit

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

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

and thereafter the provisions of sub-rule (3) shall apply mutatis mutandis

as if, it was made under sub-rule (1).

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(5) A notice of modification of a nomination, including cases

where a nominee predeceases an employee, shall be submitted in

duplicate in Form-IV to the employer in the manner specified in sub-rule

(1), and thereafter, the provisions of sub-rule (3) shall apply mutatis

mutandis as if, it was made under sub-rule (1).

(6) A nomination or a fresh nomination or a notice of

modification of nomination shall be, signed by the employee or, if

illiterate, shall bear his left thumb-impression and shall be submitted by

the employee electronically or by registered post acknowledgment due.

(7) A nomination, fresh nomination or notice of modification of

nomination shall take effect from the date of receipt thereof by the

employer.

32. Time within which and the form in which a written application

shall be made under sub-section (1) of section 56.—(1) An employee

who is eligible for gratuity under the Code, or any person authorised,

in writing, to act on his behalf, shall apply, ordinarily within thirty days

from the date the gratuity became payable, in Form-IV to the employer:

Provided that where the date of superannuation or retirement

of an employee is known, the employee may apply to the employer before

thirty days of the date of superannuation or retirement:

Provided further that an employee on fixed term employment

shall be eligible for gratuity, if, he renders service under the contract

for a period of at least one year and for subsequent period in excess of

six months and above, but, less than one year, shall be rounded off to

one additional year.

(2) A nominee of an employee who is eligible for gratuity under

the third proviso to sub-section (1) of section 53 shall apply, ordinarily

within thirty days from the date the gratuity became payable to him, in

Form-V to the employer:

Provided that an application in plain paper with relevant

particulars shall also be accepted and the employer may obtain such

other particulars as may be deemed necessary by him.

(3) A legal heir of an employee who is eligible for gratuity under

the third proviso to sub-section (1) of section 53 shall apply, ordinarily

within one year from the date the gratuity became payable to him, in

Form-V to the employer.

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(4) Where gratuity becomes payable under the Code before the

commencement of these rules, the periods of limitation specified in

sub-rules (1), (2) and (3) shall be deemed to be operative from the date

of such commencement.

(5) An application for payment of gratuity filed after the expiry

of the periods specified in this rule shall also be entertained by the

employer, if, the applicant adduces sufficient cause for the delay in

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

invalid merely because the claimant failed to present his application

within the specified period and any dispute in this regard shall be

referred to the competent authority for his decision.

(6) An application under this rule shall be presented to the

employer either by electronically or personal service or by registered

post acknowledgment due.

33. Notice for payment of gratuity.—(1) Within fifteen days of the

receipt of an application under sub-rule (1) of rule 32 for payment of

gratuity, the employer shall,–

(i) If, the claim is found admissible on verification, issue a notice

in Form-VI to the applicant employee, nominee or legal heir, as the

case may be, specifying the amount of gratuity payable and fixing

a date, not being later than the thirtieth day after the date of receipt

of the application, for payment thereof, or

(ii) If, the claim for gratuity is not found admissible, issue

a notice in Form-VI to the applicant employee, nominee or legal

heir, as the case may be, specifying the reasons why the claim for

gratuity is not considered admissible.

(2) A copy of the notice in Form-VI referred to in sub-rule (1)

shall be endorsed to the competent authority.

(3) In case payment of gratuity is due to be made in the

employer’s office, the date fixed for the purpose in the notice in Form-VI

under sub-clause (i) of sub-rule (1) shall be re-fixed by the employer, if,

a written application in this behalf is made by the payee explaining why

it is not possible for him to be present in person on the date specified.

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(4) If, the claimant for gratuity is a nominee or a legal heir, the

employer may ask for such witness or evidence as may be deemed

relevant for establishing his identity or maintainability of his claim, as

the case may be and in that case, the time limit specified for issuance of

notices under sub-rule (1) shall be operative with effect from the date

such witness or evidence, as the case may be, called for by the employer

is furnished to the employer.

(5) A notice in Form-VI shall be served on the applicant either

by personal service after taking receipt or by registered post with

acknowledgment due or electronically.

(6) notice under sub-section (2) of section 56 shall be in

Form-VI.

34. Mode of payment of gratuity.—The gratuity payable under the

Code shall be paid through Demand Draft or by crediting in the Bank

account of the eligible employee, nominee or legal heir, as the case may be.

35. Form of Application to competent authority for direction

under clause (b) of sub-section (5) of section 56.—(1) If an employer–

(i) refuses to entertain an application sought to be filed under

sub-rule (1) of rule 32, or to accept a nomination under sub-rule (2)

of rule 32; or

(ii) issues a notice under sub-rule (1) of rule 33 either specifying

an amount of gratuity which is considered by the applicant less

than what is payable to him or, rejecting his eligibility to payment

of gratuity, or

(iii) having received an application under sub-rule (1) of rule

32 fails to issue notice as required under rule 33 within the time

specified therein, the claimant employee, nominee or legal heir,

as the case may be, may, within one hundred eighty days of the

occurrence of the cause for the application, apply in Form-VII to

the competent authority for issuing a direction under sub-section (5)

of section 56 with as many extra copies as are the opposite party:

Provided that the competent authority may accept any

application under this sub-rule, on sufficient cause being shown by the

applicant, after the expiry of the specified period.

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(2) An application under sub-rule (1) and other documents

relevant to such an application shall be presented in person to the

competent authority or shall be sent by registered post acknowledgment

due or electronically.

36. Procedure for dealing with application for direction.—(1) On

receipt of an application under sub-rule (1) of rule 35, the competent

authority shall, by issuing a notice in Form-VIII, by electronically or

registered post acknowledgment due or in person call upon the applicant

as well as the employer to appear before him on a specified date, time

and place, either by himself or through his authorised representative

together with all relevant documents and witnesses, if any.

(2) Any person desiring to act on behalf of an employer or

employee, nominee or legal heir, as the case may be, shall present to

the competent authority a letter of authority from the employer or the

person concerned, as the case may be, on whose behalf he seeks to act

together with a written statement explaining his interest in the matter

and praying for permission so, to act and the competent authority shall

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

the case of refusal to grant the permission prayed for, the reasons for

the refusal.

(3) A party appearing by an authorised representative shall be

bound by the acts of the representative.

(4) After completion of hearing on the date fixed under sub-rule (1),

or after such further evidence, examination of documents, witnesses,

hearing and inquiry, as may be deemed necessary, the competent

authority shall record his finding as to whether any amount is payable

to the applicant under the Code and such finding shall be given to each

of the parties.

(5) If, the employer concerned fails to appear on the specified

date of hearing after due service of notice without sufficient cause, the

competent authority may proceed to hear and determine the application

ex parte and if, the applicant fails to appear on the specified date of

hearing without sufficient cause, the competent authority may dismiss

the application:

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Provided that an order under this sub-rule may, on good cause

being shown within thirty days of receipt of the said order, be reviewed

and the application shall be re-heard after giving not less than fourteen

days’ notice to the opposite party of the date fixed for rehearing of the

application.

37. Place and time of hearing.—The sittings of the competent

authority shall be held at such times and at such places as he may fix and

he shall inform the parties of the same in such manner as he thinks fit.

38. Administration of oath.—The competent authority may

authorise a clerk of his office to administer oaths for the purpose of

making affidavits.

39. Summoning and attendance of witnesses.—The competent

authority may, at any stage of the proceedings before him, either upon

or without an application by any of the parties involved in the

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

competent authority just, issue summons to any person in Form-VIII

either to give evidence or to produce documents or for both purposes

on a specified date, time and place.

40. Service of summons or notice.—(1) Subject to the provisions

of sub-rule (2), any notice, summons, process or order issued by the

competent authority may be served either personally or by registered

post acknowledgement due or electronically or in any other manner as

prescribed under the Code of Civil Procedure, 1908 (Central Act No. 5

of 1908).

(2) Where there are numerous persons as parties to any

proceeding before the competent authority and such persons are

members of any Trade Union or association or are represented by an

authorized person, the service of notice on the Secretary, or where there

is no Secretary, on the Principal Officer of the Trade Union or

Association, or on the authorized person shall be deemed to be the

service on such persons.

41. Maintenance of records of cases by the competent authority.—

(1) The competent authority shall record the particulars of each case

under section 56 and at the time of passing orders shall sign and put

the date on the particulars so recorded.

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(2) The competent authority shall, while passing orders, in each

case, also record the findings on the merits of the case and file it together

with the memoranda of evidence with the order sheet.

(3) Any record, other than a record of any order or direction,

which is required by these rules to be signed by the competent authority,

may be signed on behalf of and under the direction of the competent

authority by any subordinate officer appointed in writing for this

purpose by the competent authority.

42. Direction for payment of gratuity.— If, a finding is recorded

under rule 41 and the applicant is entitled to payment of gratuity under

the Code, the competent authority shall issue a notice to the employer

concerned in Form-IX electronically or by registered post with

acknowledgment due or in person specifying the amount payable and

directing payment thereof to the applicant under intimation to the

competent authority within thirty days from the date of the receipt of

the notice by the employer and a copy of the notice shall be endorsed

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

43. Appeal.— (1) The Memorandum of appeal under sub-section (8)

of section 56 of the Code shall be submitted to the appellate authority

with a copy thereof to the opposite party and the competent authority

either through delivery in person or under registered post

acknowledgement due or electronically.

(2) The Memorandum of appeal shall contain the facts of the

case, the decision of the competent authority, the grounds of appeal

and the relief sought.

(3) There shall be appended to the Memorandum of appeal a

certified copy of the finding of the competent authority and direction

for payment of gratuity.

(4) On receipt of the copy of Memorandum of appeal, the

competent authority shall forward records of the case to the appellate

authority.

(5) Within fourteen days of the receipt of the copy of the

Memorandum of appeal, the opposite party shall submit his comments

on each paragraph of the Memorandum with additional pleas, if any, to

the appellate authority with a copy to the appellant.

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(6) The appellate authority shall record its decision after giving

the parties to the appeal a reasonable opportunity of being heard and a

copy of the said decision shall be given to the parties to the appeal

electronically or by registered post or in person and a copy thereof shall

be sent to the competent authority returning his records of the case.

(7) The competent authority shall, on receipt of the decision of

the appellate authority, make necessary entry in the records of the case

maintained by him.

(8) On receipt of the decision of the appellate authority, the

competent authority shall, if, required under that decision, modify his

direction for payment of gratuity and issue a notice to the employer

concerned in Form-IX specifying the modified amount payable and

directing payment thereof to the applicant, under intimation to the

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

the employer and a copy of the said notice shall be endorsed to the

appellant employee, nominee or legal heir, as the case may be, and to

the appellate authority.

44. Application for recovery of gratuity.—Where an employer fails

to pay the gratuity due under the Code in accordance with the notice

by the competent authority under rule 41 or sub-rule (8) of rule 43, as

the case may be, the employee concerned, his nominee or legal heir, as

the case may be, to whom the gratuity is payable may apply to the

competent authority in duplicate in Form-X for recovery thereof under

section 129.

45. Manner of registration of an establishment by the employer

under sub-section (3) and the manner of composition of the Board of

Trustees of the approved gratuity fund and the manner in which the

competent authority may recover the amount of the gratuity payable

to an employee from the insurer under sub-section (4) of Section 57.—

(1) The Government shall notify the manner of registration of an

establishment by the employer under sub-section (3) of section 57.

(2) The composition of the Board of Trustees of the approved

gratuity fund shall be notified by the Government.

(3) All registration shall be done electronically in Form-XI.

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(4) Any amount directed to be paid under section 57 shall be

recoverable as an arrear of land revenue.

46. Qualifications and experience of the officer appointed as the

competent authority under sub-section (1) of section 58.—The

qualification and experience of the officer to be appointed as the

competent authority shall be as notified by the Government.

CHAPTER – V

MATERNITY BENEFIT

47. Complaint and Appeal under sub-section (1) section 72.—

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

writing in Form-XII.

(2) When a complaint referred to in sub-section (1) of Section 72

is received by an Inspector-cum-Facilitator, he shall examine the relevant

records maintained by the employer in this behalf, examine any person

employed in the establishment and take necessary statement for the

purpose of the enquiry and if, he is satisfied that the maternity benefit

or the amount has been improperly withheld, he shall by order, direct

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

claiming the payment under section 63, as the case may be, immediately

or within such period mentioned in the said order:

Provided that the time-limit for disposal of the complaint shall

not exceed 90 days from the date of filing of complaint and in case of

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

may be given before disposal of the complaint.

(3) Any person aggrieved by the order of the Inspector-cum-

Facilitator under sub-rule (2) shall file an appeal to the competent

authority.

(4) The appeal shall be in writing submitted to the competent

authority in Form-XIII with supporting documents.

(5) When an appeal is received, the competent authority shall

call from the Inspector-cum-Facilitator before a fixed date, the record of

the case and he shall, if necessary, also record the statements of the

aggrieved person, and of the Inspector-cum-Facilitator and seek

clarification, if any, as required.

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(6) Taking into account the documents, the evidence produced

before him and the facts presented to him or ascertained by him, the

competent authority shall give his decision within a period of ninety

days from the date of filing of the appeal before him and in case of non-

appearance by either of the parties, a maximum of three opportunities

may be given before disposal of the appeal.

CHAPTER – VI

EMPLOYEES COMPENSATION

48. Amount to be deposited towards the expenditure of the funeral

of the employee with the competent authority by the employer under

sub-section (7) of Section 76.— If, the injury of employee results in

death, the employer shall in addition to compensation under the Code,

deposit with competent authority a sum of Fifteen thousand rupees for

payment of the same to the eldest surviving dependents of the employee

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

employee did not have dependent or was not living with his dependent

at the time of his death, to the person who actually incurred such

expenditure.

49. Conditions when application for review is made without

certificate of a medical practitioner under sub-section (1) of Section 79.—

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

of Section 79, may be made without being accompanied by a medical

certificate,–

(i) by the employer, on the ground that since the right to

compensation was determined, the employee's wages have

increased;

(ii) by the employee, on the ground that since, the right to

compensation was determined, his wages have diminished;

(iii) by the employee, on the ground that the employer, having

commenced to pay compensation, has ceased to pay the same,

notwithstanding the fact that there has been no change in the

employee's condition such as to warrant such cessation;

(iv) either by the employer or by the employee, on the ground

that the determination of the rate of compensation for the time

being in force was obtained by fraud or undue influence or other

improper means;

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(v) either by the employer or by the employee on the ground

that in the determination of compensation there is a mistake or error

apparent on the face of the record.

50. Class of employers and the form of notice-book under

sub-section (4) of section 82.— Every employer to which the Code

applies shall maintain a notice book in accordance with sub-section (4)

of Section 82 in Form-XIV.

51. Interval for medical examination under the proviso to

sub-section (1) of section 84.—An employee who is in receipt of a half

monthly payment shall not be required to submit himself for medical

examination for the time being more than twice in the first month

following the accident or more than once in any subsequent month.

52. Form of statement to be submitted by the employer under

sub-section (1) of section 88.—The statement required under

sub-section (1) of section 88 shall be in Form- XV.

53. Manner of recording the memorandum in a register by the

competent authority under sub-section (1) of section 89.— (1) The

Memorandum of agreement sent to the competent authority under

sub-section (1) of section 89 shall, unless the Competent authority

otherwise directs, be in duplicate, and shall be in as close conformity

as the circumstances of the case admit with, Form XVI, or Form XVII, or

Form XVIII, as the case may be.

(2) On receiving a memorandum of agreement, the competent

authority shall, for taking decision to record memorandum or refusing

to record, shall issue notice to parties to agreement in Form-XIX fixing

the date and place of hearing that in default of objections he proposes

to record the memorandum on the date so fixed and the notice under

this sub-rule may be sent personally or through registered post or speed

post or electronically.

(3) On the date so fixed, the competent authority, after hearing

the parties to agreement shall take decision to record or refuse to record

the memorandum:

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

be deemed to prevent the competent authority from refusing to record

the memorandum on the date so fixed even if, no objection is made by

any party concerned.

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(4) If, on such date the competent authority decides that the

memorandum ought not to be recorded, he shall inform his decision to

the parties present and of the reasons thereof and if any, party desiring

the memorandum to be recorded is not present, he shall send information

to that party.

(5) In recording a memorandum of agreement, the competent

authority shall cause the same to be entered in a register in Form-XX

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

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

namely:–

“The memorandum of agreement bearing Serial No. .....................

of 20 in the Register has been recorded this .................................. day

of ............., 20.........

(Signature)

Competent Authority.

54. Other experience and qualifications for appointment as a

competent authority under sub-section (1) of section 91.—The

Government may, by notification, appoint any officer of the Labour

Department, Puducherry, not below the rank of Deputy Labour

Commissioner/Labour Officer having educational qualification as

determined for the post by the Government to be the competent authority

for employee's compensation within defined jurisdiction.

55. Manner in which matters may be dealt with by or before a

competent authority under sub-section (1) of section 92.—When the

application for relief is based upon a document, the document shall be

appended to the application.

Provided that with the prior permission of the competent authority,

documents may be submitted during hearing of application.

56. Time-limit for disposal of application and costs incidental

to the proceedings under sub-section (4) of section 93.—(1) The

competent authority shall dispose of the matter relating to compensation

under this Act within a period of three months from the date of reference

and intimate the decision in respect thereof within the said period to

the employee.

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LA GAZETTE DE L'ETAT

[PART–II

(2) Cost.– All costs, incidental to any proceedings before a

competent Authority , shall, subject to rules made under this Act, be in

the discretion of the Commissioner.

Provided that with the prior permission of the competent

authority, documents may be submitted during hearing of application.

57. Application presented to wrong competent authority.—(1) If,

it appears to the competent authority on receiving application that it

should be presented to another competent authority, he shall return it

to the applicant after endorsing upon it the date of the presentation and

return, the reason for returning it and designation of the competent

authority to whom it should be presented.

(2) If, at any stage of the case it appears to competent authority

that the application should be entertained by another competent

authority, he shall send the file of the case to that authority who has

the jurisdiction, and inform to the applicant and other parties of the

same.

(3) The competent authority to whom the case has been so

transferred, shall continue to proceed as if, the previous proceedings

were done before him, if, he is satisfied that it will not adversely affect

the interest of parties.

58. Summary dismissal of application.—(1) The competent

authority may after considering the application and the result of any

examination of the applicant, summarily dismiss the application, if, for

reasons to be recorded, he is of opinion that there are no sufficient

grounds for proceeding thereon.

Provided that dismissal of the application shall not preclude the

applicant from presenting a fresh application for the settlement of the

same matter.

(2) If, the application is not summarily dismissed by the

competent authority, he shall issue notice to opposite party or parties

against whom relief is sought together with copy of application and