Code on Wages (Punjab) Rules, 2021

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PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

ORDINARYORDINARYORDINARYORDINARYORDINARY

Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority

CHANDIGARH, FRIDAY, APRIL 2, 2021

(CHAITRA 12, 1943 SAKA)

LEGISLATIVE SUPPLEMENT

Contents Pages

Part I Acts

Nil

Part II Ordinances

Nil

Part III Delegated Legislation

393-446

1. Notification No. G.S.R. 38/C.A.29/2019/ S.67/2021, dated the 24th March, 2021, containing the draft rules, namely the Code on Wages (Punjab) Rules, 2021.

447-513

2. Notification No. G.S.R. 39/C.A.36/2020/ Ss. 154 and 156/2021, dated the 25th March, 2021, containing the draft rules, namely the Code on Social Security (Punjab) Rules, 2021.

Part IV Correction Slips, Republications and

Replacements

Nil

*****

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF LABOUR

NOTIFICATION

The 24th March, 2021

No. G.S.R. 38/C.A.29/2019/S.67/2021.-The following draft rules,

which the Governor of Punjab proposes to make an exercise of the powers

conferred by sub-section (2) of section 67 of the Code on Wages, 2019

(Central Act No. 29 of 2019), and all other powers enabling him in this behalf,

is published as required by sub-section (1) of section 67 of the said Act, for

information of the persons likely to be affected thereby.

Notice is hereby given that the said draft will be taken into consideration

by the State Government on or after the expiry of a period of thirty days from

the date of publication of this notification in the official Gazette, together with

any objection and suggestion, which may be received by the Labour

Commissioner, Punjab, Model Welfare Centre (Kirat Bhawan), Phase-X,

Sector-64, SAS Nagar (Mohali) (Email: [email protected]) from any person

or organization with respect to the said draft rules before the expiry of the

period so specified namely:-

DRAFT RULES

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement.-

(1) These rules may be called the Code on Wages (Punjab) Rules, 2021.

(2) They shall extend to the whole of the State of Punjab.

(3) They shall come into force on and with effect from the date of

their after publication in the Official Gazette.

2. Definitions.- (1) In these rules, unless the subject or context otherwise requires,-

(a) "authority" means the authority appointed by the State Government

under sub-section (1) of section 45;

(b) "appellate authority" means the appellate authority appointed by the

State Government under sub section (1) of section 49;

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"Board" means the State Advisory Board constituted by the State

Government under sub-section (4) of section `42;

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

(e) "Code" means the Code on Wages, 2019 (Central Act No. 29 of 2019);

(f) "committee" means a committee appointed by the State Government

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

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

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

(i) "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;

(j) "Inspector-cum-Facilitator" means a person appointed by the State

Government, by notification, under sub-section (1) of section 51;

(k) "member" means a member of the Board and includes its Chairperson;

(l) "metropolitan area" means a compact area having a population of

forty lakhs or more comprised in one or more districts;

(m) "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;

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

census of which the relevant figures have been published;

(o) "registered trade union" means a trade union registered under the Trade

Unions Act, 1926 (Central Act No. 16 of 1926);

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

metropolitan area;

(q) "Schedule" means the Schedule appended to these rules;

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

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(s) "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;

(t) "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; and

(u) "unskilled occupation" means an occupation which in its performance

requires the application of simply the operating experience and involves

no further skills.

(2) All other words and expressions used herein in these rules and not

defined shall have the meanings, respectively, assigned to them under

the Code.

CHAPTER II

MINIMUM WAGES

3. Manner of calculating the minimum rate of wages.– (1) For the purposes Section 6 of sub-section (5) of section 6, the minimum rate of wages shall be fixed on the

day basis keeping in view the following criteria, namely:-

(i) the standard working class family which includes a spouse and two

children apart from the earning worker; an equivalent of three adult

consumption units;

(ii) a net intake of 2700 calories per day per consumption unit;

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

(iv) housing rent expenditure to constitute 10 per cent of food and clothing

expenditure;

(v) fuel, electricity and other miscellaneous items of expenditure to

constitute 20 percent of minimum wages; and

(vi) expenditure for children education, medical requirement, recreation

and expenditure on contingencies to constitute 25 percent of minimum

wages;

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(2) When the rate of wages for a day is fixed, then, such amount shall be

divided by eight for fixing the rate of wages for an hour and multiplied

by twenty six for fixing the rate of wages for a month and in such

division and multiplication, the factors of one-half and more than one-

half shall be rounded as next figure and the factors less than one-half

shall be ignored.

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

Section 6

minimum rate of wages under section 6, the State 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 State Government shall constitute a technical committee for the

purpose of advising the State Government in respect of skill

categorization, which shall consist of the following members, namely:-

(i) Minister of Labour- Chairperson;

(ii) Principal Secretary to the Government of Punjab, Department

of Labour - Member;

(iii) a representative from the Government of Punjab, Department

of Skill Development and Entrepreneurship dealing with skill

development - Member;

(iv) Labour Commissioner, Punjab - Member;

(v) two technical experts in wage determination as nominated by the

State Government -Members; and

(vi) Additional Labour Commissioner, Punjab - Member Secretary.

(3) The State 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 A.

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

the State 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.

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Section 7 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 before1st October in every year to revise the dearness

allowance payable to the employees on the minimum wages.

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

Section 13 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 State Government.

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

Factories Act, 1948 (Central Act No. 63 of 1948).

7. Weekly day of rest.- (1) Subject to the provisions of this rule, an employee Section 13 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 398

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(Central Act No. 14 of 1947), and any leave or holiday, with or without pay,

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

preceding the rest day, shall be deemed to be the days on which the employee

has worked.

(2) Any such employee shall not be required or allowed to work on the

rest day unless he has or will have a substituted rest day for a whole

day on one of the five days immediately before or after the rest day:

Provided that no substitution shall be made which will result in

the employee working for more than ten days consecutively without a

rest day for a whole day.

(3) Where in accordance with the foregoing provisions of this rule, any

employee works on a rest day and has been given a substituted rest

day on any one of the five days before or after the rest day, the rest

day shall, for the purpose of calculating the weekly hours of work, be

included in the week in which the substituted rest day occurs.

(4) An employee shall be granted,-

(a) for the 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,

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(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, Punjab or

the Assistant Labour Commissioner 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 State 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

favorable terms, if any, to which an employee may be, entitled under

any other law or under the terms of any award, agreement or contract

of service, and in such a case, the employee shall be entitled only to

more favorable terms aforesaid.

Explanation.- For the purposes of this rule, 'week' shall mean a

period of seven days beginning at midnight on Saturday night.

Section 13 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 shift ends; and 400

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(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

Section 13

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 12 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.

Section 14 10. Longer wage period.-The longer wage period for the purposes of

minimum rate of wages under section 14 shall be by the month and the annual

wages for the Agriculture Labour.

CHAPTER III

PAYMENT OF WAGES

11. Recovery under sub-section (4) of section 18.- Where the total

Section 18(4)

deductions authorized under sub-section (2) of section 18 exceed fifty per cent

of the wages of an employee, the excess shall be carried forward and recovered

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be, in such installments so that the recovery in any month shall not exceed

fifty per cent of the wages of the employee in that month.

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

Section 19(1) 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(2) 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 to easily 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

Section 19(3) shall give an intimation in writing specifying therein the detailed particulars for

obtaining the approval of the imposition of fine to the Assistant Labour

Commissioner 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 Section 20(2) 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.

(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 there under, he shall initiate appropriate action under the

Code against the employer.

16. Procedure for deduction under sub-section (2) of section 21.-Any

Section 21(2) 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 402

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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

Section 23

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 per cent of the

wages of the employee in that wage period and the particulars of such

recovery shall be recorded in the register maintained in Form-I.

18. Deduction under section 24.- Deductions for recovery of loans

Section 24

granted for house building or other purposes approved by the State Government,

and the interest due in respect thereof shall be, subject to any direction made

or circular issued by the State Government from time to time regulating the

extent to which such loans may be granted and the rate of interest shall be

payable thereon.

CHAPTER IV

PAYMENT OF BONUS

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

Calculation of set on or set off for the seventh accounting year, computation of

gross profits under clauses (a) and (b) of section 32, deduction of further sums

under clause (c) of section 34, manner of carrying forward under sub-sections

(1) and (2) of section 36 shall be such, as may be prescribed by the Central

Government.

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CHAPTER V

STATE ADVISORY BOARD

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

20. Constitution of the Board.- (1) The Board shall consist of the Section 42

persons to be nominated by the State Government representing employers and

employees as specified in clauses (a) and (b) of sub-section (6) of section 42

and the independent persons as specified in clause (c) of that sub-section.

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

sub-section (6) of section 42 shall be five and the persons representing

employees referred to in clause (b) of that sub-section shall also be

five.

(3) The independent persons specified in clause (c) of sub-section (6) of

section 42 to be nominated by the State Government shall consist of

the following, namely:-

(i) Labour Minister, Punjab- Chairperson;

(ii) Principal Secretary to Government of Punjab, Department of Labour;

(iii) Principal Secretary to Government of Punjab, Department of Finance;

(iv) Principal Secretary to Government of Punjab, Department of Technical

Education;

(v) Principal Secretary to Government of Punjab, Department of Industries;

(vi) Labour Commissioner Punjab.

(vii) Economic Advisor Punjab.

(4) The State Government shall, while nominating the members of the

Board, take account that the independent members under sub-rule (2)

shall not exceed one-third of the total members of the board and one

third of the members shall be women.

21. Meeting of the Board.- The Chairperson may, subject to the provisions Section 42

of rule 23, call a meeting of the Board, at any time he thinks fit:

Provided that on requisition in writing from not less than one half of

the members, the Chairperson shall call a meeting within thirty days from the

date of the receipt of such requisition.

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22. Notice of Meetings.– The Chairperson shall fix the date, time and

Section 42

place of every meeting and a notice in writing containing the aforesaid particulars

along with a list of business to be conducted at the meeting shall be sent to

each member by registered post and electronically at least fifteen days before

the date fixed for such meeting:

Provided that in the case of an emergent meeting, notice of seven

days only may be given to every member.

23. Functions of Chairperson. – The Chairperson shall,-

Section 42

(i) preside at the meetings of the Board:

Provided that in the absence of the Chairperson at any meeting, the

members shall elect from amongst themselves by a majority of votes, a member

who shall preside at such meeting;

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

(iii) where in the meeting of the Board, if any issue has to be decided by

voting, conduct the voting and count or cause to be counted the secret

voting in the meeting.

24. Quorum. – No business shall be transacted at any meeting unless at

Section 42

least one-third of the members and at least one representative member each of

both the employers and an employee are present:

Provided that, if at any meeting less than one-third of the members

are present, the Chairperson may adjourn the meeting to a date not later than

seven days from the date of the original meeting and it shall thereupon be

lawful to dispose of the business at such adjourned meeting irrespective of the

number of members present:

Provided further that the date, time and place of such adjourned meeting

shall be intimated to all the members electronically or by a Registered post.

25. Disposal of business of the Board.- All business of the Board shall

Section 42

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:

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Provided further that no decision on any matter under the preceding

proviso shall be taken, unless supported by not less than two-thirds majority of

the members.

26. Method of voting. - Voting in the Board shall ordinarily be by show Section 42

of hands, but if any member asks for voting by ballot, or if the Chairperson so

decides, the voting shall be by secret ballot and shall be held in such manner, as

the Chairperson may decide.

27. Proceedings of the meetings.- (1) The proceedings of each meeting Section 42

of the Board showing inter alia the names of the members present there at shall

be forwarded to each member and to the State 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.

28. Summoning of witnesses and production of documents.- (1) The

Section 42

Chairperson may summon any person to appear as a witness if required in the course

of the discharge of his duty and require any person to produce any document.

(2) Every person who is summoned and appears as a witness before the

Board shall be entitled to an allowance for expenses by him in accordance with

the scale for the time being in force for payment of such allowance to witnesses

appearing before a civil court.

29. Appointment of the committees.- The State Government may Section 42

constitute as many committees 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

30. Term of office of members of the Board.- (1) The term of office of Section 42

the Chairperson or a member, as the case may be, shall normally be 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.

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(2) An independent member of the Board nominated to fill a casual vacancy

shall hold office for the remaining period of the term of office of the member

in whose place he is nominated.

(3) The official members of the Board shall hold office till they are replaced

by respective such other official members.

(4)Not withstanding anything contained in sub-rules (1), (2), and (3), the

members of the Board shall hold office during the pleasure of the State

Government.

31. Travelling allowance. - The Chairman and every member of the

Section 42

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 State Government.

32. Officers and staff.- The State Government may provide a Secretary

Section 42

not below the rank of Labour Commissioner, other officers and staff to the

Board, as it may think necessary for the functioning of the Board.

33. Eligibility for re-nomination of the members of the Board.- An

Section 42

outgoing member shall be eligible for re -nomination for the membership of

the Board for not more than total two terms.

34. Resignation of the Chairperson and other members of the Board.-

Section 42

(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 State

Government.

(2) A resignation shall take effect from the date of communication of its

acceptance or on the expiry of thirty 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 State Government

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

the vacancy in accordance with the provisions of the Code.

35. Cessation of membership.- If a member of the Board, fails to attend

Section 42

three consecutive meetings, without prior intimation to the Chairperson, he

shall, cease to be a member thereof.

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36. Disqualification:- (1) A person shall be disqualified for being nominated Section 42

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 State Government thereon shall

be final.

CHAPTER VI

PAYMENT OF DUES, CLAIMS, etc.

37. Payment under clause (a) of sub-section (1) of section 44.- Where

Section 44

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 Assistant Labour Commissioner having jurisdiction, who

shall disburse the amount to the person nominated by the employee after

ascertaining his identity within two months of the date on which the amount

was so deposited with him.

38. Deposit of the undisbursed dues under clause (b) of sub-section

Section 44

(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 Assistant Labour Commissioner having jurisdiction before the expiry of the

fifteenth day after the last day of the said period of six months.

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

employer with the Assistant Labour Commissioner having jurisdiction through

bank transfer or through a crossed demand draft obtained from any Scheduled

Bank in India drawn in favour of such Assistant Labour Commissioner.

408

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

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

Section 44

sub section (1) of section 44.- (1) The amount referred to in sub- rule (1) of

rule 38 (hereinafter in this rule referred to as the amount) deposited with the

Assistant Labour Commissioner having jurisdiction shall remain with him for

three years and thereafter, shall be deposited in the Labour Welfare Fund.

(2) The Assistant Labour Commissioner having jurisdiction will exhibit,

as soon as may be possible, a notice containing such particulars regarding the

amount as the Assistant Labour Commissioner considers sufficient for

information at least for fifteen days on the notice board. The Punjab Labour

Welfare Board shall publish such notice in any two newspapers being circulated

in the language commonly understood in the area in which undisbursed wages

were earned.

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

Commissioner having jurisdiction shall release the amount to the nominee or to

that person who has claimed such amount, as the case may be, in whose

favour such Assistant Labour Commissioner has decided, after giving an

opportunity of being heard, the amount to be paid.

(4) If the undisbursed amount remains unclaimed for a period of seven

years, the same shall lapse to the Punjab Labour Welfare Board.

CHAPTER VII

FORMS, REGISTERS AND WAGE SLIP

40. The form of a single application.- A single application may be filed

Section 45

under sub-section (5) of section 45 in Form-II along with documents specified

in such Form.

41. Appeal .- Any person aggrieved by an order passed by the authority

Section 49

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.

42. Form of register, etc. - (1) All fines and all realizations thereof referred

Section 50

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 Assistant

Labour Commissioner having jurisdiction.

409

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

(2) All deductions and all realizations referred to in sub-section (3) of

section 21 shall be recorded in a register to be kept by the employer in

Form- I appended to these rules, electronically or otherwise.

(3) Every employer of an establishment to which the Code applies shall

maintain registers under sub-section (1) of section 50 in Form I and

Form IV, electronically or otherwise.

(4) The register maintained under above sub rules shall be preserved for a

period of five years after the last entry in it and shall be produced

before the Inspector-cum- Facilitator on demand.

43. Wage slip.- Every employer shall issue wage slips, electronically or Section 50

otherwise, to the employees in Form V under sub-section (3) of section 50 on

or before payment of wages.

44. Collection of Statistics.- The employer shall submit the details of Section 67

Minimum Wages, Payment of Wages, Payment of Bonus given to the employee,

as statistics require under these rules electronically in the relevant forms and

manner from time to time , to the State Government as well as to the office of

Director General, Labour Bureau.

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

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 other wise to the Gazette Officer notified under

said sub-section (1).

(2) The Gazette 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, compound 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 compounded 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.

410

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

46. The manner of composition of offence by a Gazetted Officer

Section 56 specified under sub-section (4) 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 manually to the Gazette

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 thirty days of 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.

CHAPTER VIII

MISCELLANEOUS

47. Timely Payment of Wages.- Where the employees are employed in

Section 17

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

No.9 of 1932).

48. Inspection scheme.- (1) For the purposes of the Code and these

Section 67

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

Commissioner with the approval of the State Government.

(2) In the inspection scheme referred to in sub-rule (1), apart from other PUNJAB GOVT. GAZ., APRIL 2, 2021

411

(CHTR 12, 1942 SAKA)

structural facts, a number shall be specified in the scheme for each Inspector-

cum-Facilitator and establishment.

49. Powers of Inspector-cum-Facilitator.- The appropriate Government Section 67

may, by notification in the Official Gazette, appoint such persons as it thinks fit

to be Inspector-cum-Facilitator for the purposes of this Act, and define the

local limits within which they shall exercise their functions:-

(a) enter, at all reasonable hours, with such assistants (if any), being

persons in the service of the Government or any local or other public

authority, as he thinks fit, any premises or place where employees are

employed or work is given out to out-workers whether unskilled

occupation, skilled occupation, semi-skilled occupation and highly skilled

occupation in respect of which minimum rates of wages have been

fixed under this Act, for the purpose of examining any register, record

of wages or notices required to be kept or exhibited by or under this

Act or rules made there under, and require the production thereof for

inspection;

(b) examine any person whom he finds in any such premises or place

and who, he has reasonable cause to believe, is an employee employed

therein or an employee to whom work is given out therein and require

any person giving out-work and any out-workers, to give any

information, which is in his power to give, with respect to the names

and addresses of the persons to, for and from whom the work is given

out or received, and with respect to the payments to be made for the

work;

portions thereof as he may consider relevant in respect of an offence

under this Act which he has reason to believe has been committed by

an employer; and

(d) supervise the payment of wages to persons employed in any factory

or industrial or any other establishment;

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

(f) Every Inspector-cum-Facilitator shall be deemed to be a public

servant within the meaning of the Indian Penal Code (45 of 1860);

412

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

(g) Any person required to produce any document or thing or to give

any information by an inspector-cum-facilitator under sub-rule (a) to

(e) shall be deemed to be legally bound to do so within the meaning of

section 175 and section 176 of the Indian Penal Code (45 of 1860)].

50. Annual Return.-The return under these rules shall be filed electronically

Section 67

by every employer of an establishment to which the Code applies in the relevant

columns of the Form specified for such purpose in the rules made under the

Code on Wages, 2019 (29 of 2019). A copy of such return shall also be

forwarded electronically to the Labour Bureau, Ministry of Labour and

Employment, Government of India.

51 Repeal and saving .– The Punjab Payment of Wages Rules, 1937

and the Punjab Minimum Wages Rules,1950 are hereby repealed :

Provided that any order issued or any action taken under the aforesaid

rules so repealed, shall be deemed to have been issued or taken under the

corresponding provisions of these rules.

PUNJAB GOVT. GAZ., APRIL 2, 2021

413

(CHTR 12, 1942 SAKA)

FORM-I

[See rule-17 and rule-42 (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):

Sr. No. Name of Designation Duration Wage Total Total Rates of wages

in the /Depart of Period no. of overtime Basic DA Allowanc Employee employee ment Payment From- days (hourswork es

(Monthly/ during production

Fortnightly the in case of

/Weekly/ period piece

Daily/ workers)

Piece

rated)

1 2 3 4 5 6 7 8 9 10

Overtime Nature of Amount Damage Amount Total Date of Attendance

earned acts and of fine or loss of amount Payment Date Signature omissions imposed caused to deduction of

for which the from wages

fine employer wages paid

imposed by

with date neglect or

default of

the

employee

11 12 13 14 15 16 17 18 19 414

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM-II

[See rule 40]

[SINGLE APPLICATION 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…………………………………………………………………………………

Address………………………

The application states as follows:

The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from ………to…….. as………...(category) in…………….(establishment)

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

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

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

…………..Per day for the period(s) from………………………to……………………….

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

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

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.

415

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

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

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

Rs…….

Total Rs…….

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

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

(b) payment of remuneration for the days of rest

(d) compensation amounting to Rs………………………

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

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.

416

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM III

(See rule 41)

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:

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]

List of enclosures:

……….. Date :

Place :

Signature of the appellant.

For office use

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

Date of filing or

Date of receipt by post Registration No.

Authorized Signatory PUNJAB GOVT. GAZ., APRIL 2, 2021

417

(CHTR 12, 1942 SAKA)

FORM IV

[See rule 42(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. Employee Name Surname Gender Father's Date Natio- Education Date Desig- Category Type of No. Code

/ of nality Level of nation (HS/S/ Employ-

Spouse Birth Joining SS/U S)* ment

Name

1 2 3 4 5 6 7 8 9 10 11 12 13

Mobile UAN PAN ESIC AADHAAR Bank Bank Branch Present Permanent No. IP A/c (IFSC) Address Address

No. Number

14 15 16 17 18 19 20 21 22 23

Service Date Reason Mark of Photo Specimen Remarks

Book of for Identification Signature/

No. Exit Exit Thumb

Impression

24 25 26 27 28 29 30

*(Highly Skilled/Skilled/Semi skilled/Unskilled) 418

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM V

[See rule 43] WAGE SLIP

Date of issue:

Name of the Establishment……..…. Address….........…..Period……………..

1. Name of employee :

2. Father's /Spouse name :

3. Designation:

4. UAN:

5. Bank Account No.:

6. Wage period:

7. Rate of wages payable: a.)Basic b.)D.A. c.) other allowances

8. Total attendance/unit of work done:

9. Overtime wages:

10. Gross wages payable :

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

12. Net wages paid:

Employer / Pay-in-charge signature 419

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM VI

[See rule 46]

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

COMPOSITION OF OFFENCE

1. Name of applicant :

2. Father's /Spouse name :

3. Address of the applicant :

d Particulars of the offence….. ..……………………………………………………

……………………………………………………………………………………………

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

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

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

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

…………………………………………..……………………………………

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

…………………………………………………………………………..

9. Any other information which the applicant desires to provide

……………………………………………………………………………

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

……………………………………………………………………………..

Dated:

Applicant

( Name and Signature) 420

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

ANNUAL RETURN

Form No. VII

[See rule 50]

Return for the year ending the 31st December

(a) Name of the establishment and postal address __________________________

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

(d) Person responsible for payment of wages (name, address, email and phone number)_______________________________________________________________ 2. Number of days worked during the year._______________________________

3. Number of man days worked during the year.___________________________

4. Total wages paid during the year_____________________________________

5. Details of wages:-

(i) Gross Wages:-

(ii) Deductions:-

d. Net wages paid:-

5 Deductions:

Number of Cases Total amount

Rs. P

(a) Fines

(b) Deductions for damage or loss

6. Balance of fines in hand at the beginning of the year ________________________ PUNJAB GOVT. GAZ., APRIL 2, 2021

421

(CHTR 12, 1942 SAKA)

Disbursement from fines:

Purpose

Amount

Rs. P.

(a) ©

(b)

(d)

6. Balance of fine fund in hand at the end of the year

7. Average daily number of persons employed during the year__________________ 8. Arrears of pay in respect of previous year paid during the year________________ 9. Total Number of Employees:-

Male Female Adolescent (between the age Total

of 14 to 18 years

Unskilled

Semi Skilled

Skilled

Highly Skilled

Total

10. Number of Employees eligible for Bonus_______________________________ 11. Percentage of Bonus declared to be paid______________________________

12. Total amount of Bonus actually paid_______________________________

13. Date on which payment paid______________________________________

14. Settlement, if any, reached under section 53(3) of 57(1) of Industrial Relations Code, 2020 with date______

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

Signature of the employer 422

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

Schedule A (see rule 4 (3)

Serial UNSKILLED

No.

1 Beldar

2 Calf boy

3 Cattleman

4 Cleaner (Motor shed, Tractor, Cattle,Yard, M.T)

5 Collecting loose fodder

6 Dairy coolie

7 Mazdoor (Arportculturist Compost, Dairy's Haystaking, Irrigation, Manure,

Stacking, Milk-room, Ration room Store, Anti-Malaria, M.R.)

8 Driver (Mule, Bullock, Camel, Donkey)

9 Dresser

10 Driver (Bullocks Mule)

11 Grazler

12 Dairyman

13 (Store-Mazdoor)

14 Carrier (Stone),

15 Breaker (using manual appliances)

16 Helper

17 Messenger (Office)

18 Mali

19 Syce

20 Tying and Carrying loose hay

21 Sweeper,

22 Weighing and Carrying bales,

23 Weighman (Bales, pally),

24 Waterman,

25 Stable man, PUNJAB GOVT. GAZ., APRIL 2, 2021

423

(CHTR 12, 1942 SAKA)

26 Trolly man

27 Valveman,

28 Watchman,

29 White Washer,

30 Wooderman,

31 Wooder Woman,

32 Borryman,

33 Coalman,

34 Condenser,

35 Attendant,

36 Grass Cutter,

37 MuchhersJamadars,

38 Condenser Attendant,

39 Shunters

40 Turner,

41 Bajri Spreader,

42 Beater Women,

43 Bell-Woman,

44 Chain Man,

45 Boat Man,

46 Bucket Man,

47 Labourer (Boiler, CattleYard, Cultivation, General Loading and Unloading,

Bunding,Carting-Fertilizers, Harvesting, Miscellaneous Seeding, Sowing, Thatching, Transplanting, Weeding)

48 Cleaner (Crane, Truck, Cinder for ash Pit),

49 Cartman,

50 Caretaker (Bridge),

51 Carrier (Water),

52 Chowkidar, 424

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

53 Concrete (Hand Mixer),

54 Daffadar,

55 Driver (Bullock, Camel, Donkey, Mule),

56 Flag Man,

57 Flagman (Blast Train),

58 Khalasi not attending to machines

59 Gangmen,

60 Gatingman (Permanent Way),

61 Handle Man, Jumper Man,

62 Kamin (Female Work),

63 Khalas,

64 Bridge,

65 Electrical,

66 Marine,

67 Moplah,

68 Store,

69 Steam Road,

70 Share,

71 Roller Survey,

72 labourer (Garden),

73 Mazdoor,

74 Hole Cutter,

75 Lorry Trainees,

76 Petrolman,

77 Searcher,

78 Signal man,

79 Strikers,

80 Vaks Controller, PUNJAB GOVT. GAZ., APRIL 2, 2021

425

(CHTR 12, 1942 SAKA)

81 Cleaner

82 Dresser / Dressing Mazdoor

83 Loader

84 Mazdoor (Male/Female)

85 Messanger (Male / Female)

86 Trammer

87 Caretaker (except in Copper, Chromite and Graphite mines where it is semiskilled) 88 Office Peon /Peon (except in Bauxite Mines)

89 Sweeper (Male / Female)

90 Carrier

91 Number Taker

92 TrollyTriper

93 Water Carrier

94 Earth Cutter

95 Survey Khalasi

96 Gate Man,

97 Concrete (Hand Mixer)

98 Dismantling stocks

99 Lampman

100 Beldar/Beldar (Canteen)

101 Coolie

102 Peon

103 Cook-helper

104 Office Boy

105 Quarry Worker

106 Jelly Maker

107 Over burden Remover

108 Waste removing mazdoor 426

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

109 Unloader

110 Excavating Labour

111 Digger

112 Butcher

113 Attender

114 Lorry Helper

115 Surface loader

116 Wood Cutter

117 Surface Mukar

118 Under Ground Mukar

119 Striker (Moplah gang),

120 Tall Boy,

121 Tile

122 Person employed in loading and unloading

123 Person employed in sweeping and cleaning and other cateogires by whatever

name called which are of unskilled nature

SEMI

Serial

SKILLED

No.

1 Assistant (Chowdhary)

2 Attendant (Bull-calving lines, Chowkidar, Chaff cutter, Hostel, Dry Stock, Grain crusher, Pump, Siekline,

3 Stable, Yard Stock)

4 Assistant-Plumber

5 Attendant

6 Bhisti

7 Brander

8 Bullman

9 Butterman

10 Coachman PUNJAB GOVT. GAZ., APRIL 2, 2021

427

(CHTR 12, 1942 SAKA)

11 Cobbler

12 Cultivator

13 Daftry

14 Deliveryman

15 Dhobi

16 Dresser

17 Fireman

18 Gowala

19 Hammerman

20 Helper (Blacksmith)

21 Helper

22 Jamadar (stand)

23 Jamadar

24 Khalasi

25 Mali Senior

26 Mate/Mistry

27 Mazdoor (literate)

28 Nalband

29 Oilman

30 Ploughman

31 Vtackers

32 Supervisor

33 Thatcher

34 Valveman

35 Valveman (Senior)

36 Wireman fixing tin cables

37 Cook

38 Dandee 428

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

39 Frash

40 Hacksaw man

41 Helper (locco-Crane/Truck)

42 Manjhee (Boatman)

43 Belchawala

44 Muccadam (without competency certificate under Metalliferous Bulldozer Driver Mines Regulations, 1961)

45 Bhisti (with Mushk)

46 Boatman (head)

47 Breaker,

48 Breaker (Stone, Rock, Rock Stone, Stone Metal

49 Canweaver

50 Chainman(Head)

51 Charpoy-Stringer

52 Checker

53 Cracker

54 Dollyman

55 Assistant

56 Driller

57 Driver (Skin)

58 Excavator

59 Ferroman

60 Fireman (Brick Kiln, Steam Road Roller)

61 Gate Keeper

62 Gharami

63 Classman

64 Grater

65 Greaser-cum-Fireman PUNJAB GOVT. GAZ., APRIL 2, 2021

429

(CHTR 12, 1942 SAKA)

66 Grinder

67 Hammerman

68 Helper (Artisan)

69 Helper (Sawyer)

70 Keyman

71 Khalasi (Head Survey, Rivertters-Moplah Gang, Supervisory)

72 Labourer (Rock-Cutting)

73 Lascar

74 Mali (Head)

75 Stockers and Boilerman

76 Thoombaman (Spade worker)

77 Tindals

78 Trollyman (Head Motor)

79 Fitter (Assistant Semi-Skilled)

80 Jamadar (Semi-skilled)

81 Mate (Stone)

82 Kasab

83 Khalasi (Structural)

84 Masalchi P.M. Mates

85 Miner

86 Untrained Mate/ Mining Mate/ Mate without Competency certificate

Under Metalliferous Mines Regulations, 1961

87 Butler/Cook

88 Breaker (using mechanical appliances)

89 Crech Ayah/Ayah/Untrained Crech Attendant

90 Assistant Driller

91 Oilman/Oiler

92 Chowkidar/ Watchman

93 Helper (Mason, Carpenter, Blacksmith) 430

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

94 Tindals

95 Topas

96 Topkar (Big Stone Breaker)

97 TrollyJamadar

98 Winchman

99 Attendance-keeper

100 Assistant Wireman

101 Mate

102 Mate (Blacksmith, Road, Carpenter)

103 Engine Driver and/or Feeder

104 Fitter

105 Gang

106 Mazdoor Mason

107 Permanent Way

108 Pump-Driver,Turner)

109 Mazdoor (Heavy-weight)

110 Charge-man

111 Mistri (Head

112 Muccadam

113 Night-guard

114 Runner (Post dak)

115 Oilman

116 Quarry man

117 Quarry Operator

118 Stoneman

119 Stocker

120 Thatcher

121 Pump Attendant PUNJAB GOVT. GAZ., APRIL 2, 2021

431

(CHTR 12, 1942 SAKA)

122 Bearer

123 Breakman

124 Crowlder Man

125 Laboratory Boy

126 PointsmanSencummy

127 Stone mines and other cateogires by whatever name called which are of semi-

skilled nature

Serial

SKILLED

No.

1 Artificer (Class-II, III, IV)

2 Blacksmith

3 Blacksmith (Class II)

4 Boilerman

5 Carpenter

6 Carpenter (Class II) Carpenter-cum- Blacksmith

7 Chowdhary

8 Driver

9 Driver (Engine Tractor, M.T.Motor)

10 Electrician

11 Fitter

12 Mason

13 Mason Class 11

14 Machine hand (Class II, III, IV)

15 Machineman

16 Mate Gr. I (Senior)

17 Mechanic

18 Milk Writer

19 Mistry (Head)

20 Moulder 432

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

21 Muster Writer

22 Operator (Tube-well)

23 Painter

24 Plumber

25 Welder

26 Upholsterer

27 Wireman,

28 Chipper

29 Chipper-Cum-Grinder

30 Cook (Head)

31 Driller

32 Driller (Well Boring)

33 Driver(Loco/Truck)

34 Electrician (Assistant)

35 Mechanic (Tube-Well)

36 Mistry(Stell, Tube-Well, Telephone)

37 Meter Reader

38 Meterorogical Observer Navghani

39 Operaor (Batching Plant, Cinema Project,Clamp Shelf, Compressor, Grane,

Dorrick, Diesel Engine, Doser,Dragling Drill Dumber, Excavator, Fork Lift

Generator, Grader, Jack Hammer and Payment breaker Loader, Pump, Pile

Driving,Scrapper, Screening Plant, Shoval, Tractor, Vibrator, Weight Batcher,

Railway Guards, Repairer (Battery)

40 Sharper/Slotter

41 Sprayer (Ashalt) Station Master

42 Surveyor (Silt)

43 Trades-Man

44 Train Examiner

45 Turner/Miller PUNJAB GOVT. GAZ., APRIL 2, 2021

433

(CHTR 12, 1942 SAKA)

46 TyreVulcaniser

47 Sawyer

48 Sawyer (Selection Grade Class II) Serang

49 Serangpile

50 Driving Pantooms with Boiler

51 Shapesman

52 Shift-incharge

53 Sprayman

54 Sprayman (Roads)

55 Stone Cutter

56 Stone Cutter (Selection Grade, Grade II, Class II)

57 Stone Chisler

58 Stone Chisler (Class II)

59 Stone Blasterer

60 Sub-Overseer (Unqualified)

61 Surveyors

62 Pump Driver

63 Pump Driver (Selection Grade), Grade II and III, Class II)

64 Pump Driver (Selection Grade, P.E., Driver,

65 Pumpman

66 Pumpman (Assistant)

67 Plumber

68 Polisher (with spray) Grade II

69 Ratan Man

70 Rivet Cutter (Assistant)

71 Rivetter

72 Rivetter (Cutter)

73 Road Inspector Grade II, Railway Plate Layer 434

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

74 Rod Bender

75 Haulage Operator

76 Dispensary Attendant

77 Work Sakar

78 Mica Cutter Grade -I

79 Dresser Grade -I Mica

80 Supervisory Fireman

81 Fireman only in Mines

82 Compressor Driver

83 Pump Man Driver 96. Grinder in Mica Mines

84 Surveyors (Assistant)

85 Tailor

86 Tailor(Upho1stry)

87 Transprayer

88 Tar man

89 Line Man

90 Tiler Class 11

91 Wall(Floor, Roofs

92 Tiler (Selection Grade)

93 Tin-Smith

94 Tin Smith(Selection Grade, Grade II and III, Class II) Tinker

95 Well Sinker

96 Assistant Mistry

97 Armature Winder Grade-II and III

98 Bhandari

99 Blacksmith

100 Blacksmith (Selection Grade, Grade II, III, Class II and III)

101 Boilerman PUNJAB GOVT. GAZ., APRIL 2, 2021

435

(CHTR 12, 1942 SAKA)

102 Boilerman Grade II and III

103 Boiler Foreman Grade II

104 Work (Assistant)

105 Brick Layer

106 Bricklayer (Selection Grade, Class II)

107 Blaster

108 Chowkidar (Head)

109 Security Guard (without arms)

110 Carpenter

111 Carpenter (Selection Grade, Grade II and III, Class I and III Assistant

112 B.I.M. Road

113 Cabinet Maker

114 Caneman

115 Celotex

116 Cutter Maker Chargeman, Class II and Class III, Carpenter Ordinary)

117 Checkder (Junior)

118 Chick Maker

119 Chickman (Junior) Concrete Mixure Mixer

120 Concrete Mixure Operator

121 Cobbler

122 Coremaker

123 Driver

124 Driver Motor Vehicle

125 Motor Vehicle Selection Grade

126 Motor Lorry

127 Motor—Lorry Grade II

128 Lorry Grade II

129 Diesel Engine 436

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

130 Diesel Engine Grade 11

131 Mechanical Road Roller I.C. and Cement Mixer etc.

132 Road Roller

133 Road Roller Driver Grade II

134 Driver (Engine Static Stone Crusher, Tractor/Bull Dozer, Steam Road Roller,Water Pump, Mechanical Assistant, Road Roller, Mechanical, Steam Crane,Tractor with Bull Dozer Mechanical, Transport, Engine Static and Road Roller Boiler Attendant 135 Engine Operator (Stone Cursher Mechanical)

136 Distemprer, Electrician, Electrician (Grade II, Class II and Class III)

137 Fitter

138 Fitter (Selection Grade, Grade II and III) class II and III Assistant, Pipe class II, Pipe Line ending Bars for

139 reinforcement Cum-mechanic, Mechanic and Plumber)

140 Gharami (Head)

141 Glazier

142 Hole Drillar for Blasting

143 Joiner

144 Joiner (Cable,Cable Grade II)

145 Lineman (Grade II,III, High Tension/Low Tension)

146 Mason

147 Mason (Selection Grade, Grade II, III and Class B Mistry)

148 Stone (Stone Class II, Brick Work, Stone work)

149 Brick-layer

150 Tile Flooring

151 B.I.M Muccadam (Head)

152 Stone cutting

153 Ordinary Machanis

154 Mechanic

155 Mechanic (Class II, Air conditioning, Air conditioning Grade II PUNJAB GOVT. GAZ., APRIL 2, 2021

437

(CHTR 12, 1942 SAKA)

156 Diesel Grade II

157 Road Roller Grade II

158 Assistant, Radio)

159 Manson (Gharami)

160 Mistry

161 Mistry Grade II, Air conditioning Grade II, P. Way, Survey, Santras

Works)

162 Mason Class A

163 Moulder

164 Moulder (Brick, Tile)

165 Painter

166 Painter (Selection Grade,Grade II and III, Class II, Assistant Lotter

and Polisher, Polisher,Rough)

167 Plasterer

168 Plasterer (Mason Grade 11)

169 Plumber

170 Plumber (Selection Grade, Class II, Assistant Lotter and Polisher,

Rough),

171 Plasterer

172 Plasterer (Mason Grade II)

173 Plumber (Selection Grade, Class-II, Assistant Senior, Junior, Mistry

Grade II)

174 Plumbing Mistry

175 Plumber-cum-Fitter

176 Polisher

177 Polisher (Floor)

178 Sirdhar Lathe Man

179 Geologist

180 Trailors 438

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

181 Turner

182 Upholsterer

183 Upholsterer (Grade II and III)

184 Painter Spray (Class 11)

185 Wood Cutter

186 Wood Cutter Section Grade

187 Wood Cutter Class II

188 Work Sircar

189 Welder

190 Airwineh Haulage Operator

191 Auto-electrician

192 Painter

193 Blacksmith

194 Tailor

195 Compressor Operator

196 Blaster/Shot-firer

197 Driver

198 Head cook

199 Chargeman

200 Carpenter

201 Concrete Mixer Operator

202 Compressor Attendant

203 Air Compressor Attendant

204 Tractor Driver

205 Vehicle Driver

206 Chemist and Assistant/ Chemist

207 Sub- overseer (unqualified)

208 Driller PUNJAB GOVT. GAZ., APRIL 2, 2021

439

(CHTR 12, 1942 SAKA)

209 Handhole Driller

210 Drill Mechanic

211 Driver Auto

212 Electrician

213 Wirelesss Operator Asstt. Foreman

214 Foreman

215 Fitter

216 Ferry Driver

217 Issuer Loco

218 Super Foreman

219 Hoist Operator

220 IMCE Driver

221 Driver

222 Loco Driver

223 Loader Operator

224 Linesman

225 Mechanic/ Machinist

226 Mason

227 Mid Wife

228 Tinsmith

229 Supervisory Mechanic

230 Pump Attendant only in Gypsum, Barytes and Rock Phosphates

231 Pump Operator/Driver

232 Mining Mate with competency certificate under Metalliferous Mines\ Regulations, 1961.

233 Mistry

234 Skilled Mazdoor

235 Turner

236 Senior Mechanic 440

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

237 Pipe Fitter

238 Supervisor

239 Drafts Man

240 Wireman

241 Timber Marr Timber Mistry Elect.

242 Stone Crusher Operator

243 Crusher Operator

244 Moulder

245 Welder

246 Operator

247 Work Mistry

248 Engine Driver

249 Mining Engine Driver Grade -II

250 Engineman

251 Valveman

252 Cutter

253 Winding Engine Driver Grade - II

254 Security Guard (Unarmed) /Head Chowkidar

255 Shovel Operator

256 Limco Loader Operator

257 Surface Supervisor

258 Dozer Operator

259 Compressor Driller

260 Dumper Tractor Operator

261 Boiler Man (with Certificate)

262 Machinery Attendant

263 Air-conditions Mechanic

264 Crech Attendant only in Magnesite, Manganese and Mica Mines

265 Power Shovel Operator

266 Power and Pump House Operator

267 Miner Grade - I PUNJAB GOVT. GAZ., APRIL 2, 2021

441

(CHTR 12, 1942 SAKA)

268 Tractor Operator 80. Tub Repairer 81. Lathe Mistry

269 Stationery Engine Attendant 83. Generator Operator 84. Loading Foreman

270 Diesel Mechanic

271 Ferro Printer cum-chairman

272 White Washing and Colour Washing Man

273 Operator Pneumatic Tools, Operator (Fitter)

274 Boreman

275 Borer

276 Wireman (Grade II and III, Mechanic, Electrical)

277 White Washer

278 White Washer (Selection Grade, Class II)

279 Wireman

280 Welder (Class II, Bridge work)

281 Welder gas

282 Muccatam (with Compentency Certificate under MetalliferousMinesRegulations, 1961).

283 Security Guard (without arms)and other cateogires by whatever name called which are of skilled nature

284 Assistant (Farm)

285 Assistant (Cashier)

286 Librarian

287 Telex or Telephone Operator

288 Hindi Translator

289 Telex or Telephone Operator

290 Hindi Translator

291 Accounts Clerk

292 Clerks

293 Computer/Data Entry Operator

294 Telephone Operator, Typist

295 Store Attendant

296 M. C. Clerk

297 Munshi (Matriculate, Non-matriculate) 442

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

298 Store Clerk (Matriculate Non-matriculate)

299 Store Keeper

300 Store Keeper Grade I, Grade II, (Matriculate)

301 Time Keeper

302 Time Keeper (Matriculate Non-Matriculate)

303 Book Keeper

304 Work Munshi

305 Work Munshi (Subordinate)

306 Magazine Clerk

307 Teller Clerk

308 Store clerk

309 Tally Clerk

310 Store Issuer

311 Tool Keeper

312 Computer/Date Entry Operator

313 Record Keeper

314 Tracer

315 File Clerk

316 Register Keeper

317 Time Keeper

318 Clerk

319 Munshi

320 Typist and other cateogires by whatever name called which are of clerical nature

Serial HIGHLY

No. SKILLED

1 Artificier Class I

2 Blacksmith Class I

3 Carpenter Class I

4 Machine

5 Hand Class 1

6 Mason Class I PUNJAB GOVT. GAZ., APRIL 2, 2021

443

(CHTR 12, 1942 SAKA)

7 Mechanic (Senior)

8 Painter (Grade I, Class I, Spray) Plasterer (Mason) Class I

9 Plumber (Head, class I)

10 Mistry Grade I

11 Polisher (with spray Grade I)

12 Road Inspector Grade I

13 Sawyer Class I

14 Stone Cutter Class I

15 Stone Cutter Grade I

16 Stone Chisler Class I

17 Stone Mason Class I

18 Sub-Overseer (Qualified)

19 Tiler Class I

20 Tinsmith Grade I and Class I

21 Upholsterer Grade 1

22 Varnisher Class I

23 Welder-Cum-Fitter and Air Conditioning Mechanic

27 Welder (Gas) Class I

25 White Washer Class I

26 Wireman Grade I, Class I

27 Wood Cutter Class I

28 Grinder (Tool) Grade I

29 Operator (Batching Plant Grade I)

30 Leader Grade I

31 Pile Driving Grade I

32 Pump Grade

33 Scrapper Grade I

34 Screening Plant Grade I

35 Pump Grade I

36 Scrapper Grade I

37 Security Guards (with arms) 444

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

38 Armature Winder Grade I

39 Blacksmith Grade I and Class I

40 Boilerman Grade I

41 Boilerman Foreman Grade I

42 Brick Layer class I

43 Cable Joiner Grade I

44 Carpenter grade I and Class I

45 Celo Cutter and Decorator

46 Chargeman Class I

47 Checker (Sr) Driver Lorry Grade I

48 Motor Lorry Grade I

49 Motor Vehicle Class I and Diesel Engine Grade I

50 Road Roller Grade I

51 Pump Class Electrician Grade I and Class I/ Grade I

52 Fitter (Grade I, Class I)

53 Pipe Class I (Head)

54 Foreman(Assistant) Line Man Grade I Mason (Skilled Grade I, Class I)

55 Mast Rig

56 Mechanic Class I and Class II

57 Mechanic (Diesel Grade I and Road Roller Grade I

58 Airconditioning Grade I/Class I, Mistry Grade I

59 Mistry (Airconditioning Grade I)

60 Overseer

61 Overseer (Senior and Junior)

62 Dragline Grade I

63 Drill Grade I

64 Dumper Grade I

65 Excavator Grade I

66 Fork Lift Grade I

67 Generator Grade I

68 Rigger Grade I PUNJAB GOVT. GAZ., APRIL 2, 2021

445

(CHTR 12, 1942 SAKA)

69 Rigger Grade II

70 Charper/Sletter Grade I

71 Shovel and Dragline Tractor Grade I

72 Tradesman Class I

73 Turner/Miller Grade I

74 Work (Assistant) Grade I

75 Compounder

76 Surveyor

77 Winding Engine Driver

78 Operator (Heavy Earth Moving Shovel and Bulldozer)

79 Head Mistry

80 Staff Nurse with Diploma

81 Drill Operator other than Jack Hammer

82 Electrical Supervisor with Competency Certificate

83 Underground Shift Boss

84 Head Mechanic

85 Qualified and Experienced Welder

86 Machine Tool Mechanic

87 Mechanical/Plant Foreman

88 Mining Supervisor

89 Vocational Training Instructor/Teacher

90 Head Electrician

91 Accountant

92 Steno with 7 years of service

93 Store Incharge

94 Shift Incharge

95 Supervisor

96 Incharge of Watch and Ward

97 Security Guard (Armed)

99 Crane Grade I

100 Diesel Engine Grade I 446

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

101 Dozer Grade I

102 Clamp Shell Grade I

103 Compressor Grade I

104 Grader Grade I

105 Tractor Grade I

106 Vibrator Grade I

107 Screening Plant Grade I

108 Shovel Grade I

109 Shovel and Dragline

110 Tyrevulcanser Grade I

111 Security Guard (with Arms)and other categories by whatever name

called which are of Highly-skilled nature

VIJAY KUMAR JANJUA, IAS,

Additional Chief Secretary to Government of Punjab,

Department of Labour.

2262/3-2021/Pb. Govt. Press, S.A.S. Nagar

PUNJAB GOVT. GAZ., APRIL 2, 2021

447

(CHTR 12, 1942 SAKA)

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF LABOUR

NOTIFICATION

The 25th March, 2021

No. G.S.R. 39/C.A.36/2020/Ss.154 and 156/2021.-The following draft

of the Social Security (Punjab) Rules, 2021, which the Governor of Punjab

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) and all

other powers enabling him in this behalf, is published as required by section 158

of the said Code for the information of the persons likely to be affected thereby.

Notice is hereby given that the draft will be taken into consideration by

the Government on or after the expiry of a period of forty-five days from the

date of publication of this notification in the Official Gazette, together with any

objection or suggestion, which may be received by the Labour Commissioner,

Punjab, in writing or on email [email protected] or [email protected] from

any person before the expiry of the period so specified with respect to the said

draft, namely:-

DRAFT RULES

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement. - (1) These rules may be called

the Code on Social Security (Punjab) Rules, 2021.

(2) They shall extend to the whole of the State of Punjab.

(3) They shall come into force from such date on which the Code on Social

Security, 2020 comes into force.

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

(a) "Board" means the Punjab Unorganised Workers Social Security Board

and the Punjab Building and Other Construction Workers Welfare Board

constituted under sub-section (9) of section 6 of the Code and under sub-

section (1) of section 7 of the Code respectively.

448

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

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

(d) "Form" means a Form appended to these rules;

(e) "Government" means the State Government in the Department of Labour;

(f) "member" means a member of the Board;

(g) "nominations" means nomination made under section 55;

(h) "section" means a section of the Code; and

(i) "specified" means specified by the State Government by an order published

in the Official Gazette.

(2) All other words and expressions used in these rules which are not defined

therein, but are defined in the Code shall have their respective meanings assigned

to them in the Code.

CHAPTER II

SOCIAL SECURITY ORGANISATIONS

PART I

PUNJAB UNORGANISED WORKERS SOCIAL SECURITY BOARD

Sections 6 3. Term of office of members. - (1) A member, other than an ex-officio

(12) and 156 member, shall hold office for a period not exceeding three years from the date

(2) (a). of his nomination.

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

(10) of section 6 shall cease to be a member of the Board if he ceases to be a

member of the Legislative Assembly.

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

sub section (10) of section 6 shall cease to be a member of the Board if he

ceases to represent the category of interest from which he was so nominated:

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

clause (d) of sub-section (10) of section 6, one member each shall be from the

Scheduled Castes, the Scheduled Tribes, the Minorities and the Women shall

be represented.

(4) A member shall be eligible for re nomination.

PUNJAB GOVT. GAZ., APRIL 2, 2021

449

(CHTR 12, 1942 SAKA)

Sections 6 4. Resignation.-(1) A member of the Board, not being an ex-officio member,

(12) and 156 may resign his office by a letter in writing addressed to the Chairperson.

(2) (a). (2) The seat of such a member shall fall vacant from the date on which his

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

of intimation of resignation, whichever is earlier.

(3) The power to accept the resignation of a member shall vest in the

Chairperson, who, on accepting the resignation, shall report to the Board at its

next meeting.

Sections 6 5. Removal of member. - The Government may remove from office any

(12) and 156 member of the Board, if, in its opinion, such a member has ceased to represent

(2) (a). the interest which he purports to represent on the Board:

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

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

Sections 6 6. Address of the members. - (1) Every Member shall furnish his or her

(12) and 156 address to the Member-Secretary of the Board who shall thereupon enter his

(2) (a). address in the official record.

(2) If a member changes his address, he shall furnish his new address to the

Member-Secretary of the Board who shall thereupon enter his new address in

the official record:

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

the official record shall for all purposes be deemed to be the member's correct

address.

7. Manner of filling vacancies. - When a vacancy occurs or is likely to Sections 6 occur on completion of the term of the member in the membership of the (12) and 156 Board, the Chairperson shall submit a report to the Government and on receipt (2) (a). of such report, the Government may, by notification, nominate a person to fill

the vacancy:

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

or resignation of a member, the Member-Secretary shall submit a report to the

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

nominate a person to fill the vacancy and the person so nominated shall hold

office for the remaining term of office of the member in whose place he is

nominated.

450

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

Sections 6 8. Allowances of members. - (1) The travelling allowance of an official

(12) and 156 member of the Board shall be governed by the rules applicable to him for

(2) (a). journey performed by him on official duties and shall be paid by the authority

paying his salary.

(2) The non-official members of the Board shall be entitled to the payment

of travelling and daily allowance for attending the meetings of the Board at

such rates as are admissible to Group 'A' Officers of the State Government.

Sections 6 9. Disposal of business. - Every matter which the Board is required to

(12), 6(14) take into consideration shall be considered at a meeting of the Board, or if the

and 156 (2) Chairperson so directs, by sending the necessary papers to every member for

(a).

opinion, and the matter shall be disposed of in accordance with that decision of

the majority:

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

members of the Board are equally divided, the Chairperson shall have a second

or a casting vote.

Explanation. - The expression "Chairperson" for the purpose of the above

proviso shall include a member nominated or chosen under sub-rule (2) of rule

10 to preside over a meeting.

Sections 6 10. Meetings.- (1) The Board shall meet at such places and at such times as

(14) and 156 may be decided by the Chairperson and it shall meet at least once in a quarter

(2) (a). of the year.

(2) The Chairperson shall preside over every meeting of the Board in which

he is present and in his absence, he may nominate a member of the Board to

preside over such meeting in his place and in the absence of such nomination

by the Chairperson, the members of the Board present in such meeting, may

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

11. Notice of meetings and list of business.- (1) Ordinarily, two weeks

Sections 6

notice shall be given to the members of the Board of a proposed meeting:

(14) and 156

Provided that the Chairperson, if he is satisfied that it is expedient so to do,

(2) (a).

may give notice of longer period not exceeding one month for such meeting.

(2) No business except which is included in the list of business for a meeting

of the Board shall be considered at the meeting without the permission of the

Chairperson.

PUNJAB GOVT. GAZ., APRIL 2, 2021

451

(CHTR 12, 1942 SAKA)

(3) The Chairperson may at any time call a special meeting of the Board in

case of urgency, after informing the members in advance about the subject

matter of discussion and the reasons of urgency.

Sections 6 12. Quorum.- (1) No business shall be transacted at any meeting of the

(14) and 156 Board unless at least twelve members are present in that meeting which shall

(2) (a). include at least one non-official member.

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

Chairperson may adjourn the meeting to another date informing the members

present and giving notice to the other members that he proposes to dispose of

the business at the adjourned meeting whether there is prescribed quorum or

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

adjourned meeting irrespective of the number of members attending.

(2) The Government may prohibit any member other than ex-officio

members, from taking part in the meeting of the Board if:-

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

written information and consent of the Chairperson; or

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

which he purports to represent on the Board.

PART II

PUNJAB BUILDING AND OTHER CONSTRUCTION WORKERS

WELFARE BOARD

13. Terms and conditions of appointment of the Chairperson and other

Sections 7 members of the Board.—(1) The term of office of Chairperson and other (4) and 156 members of the Board shall be three years.

(2) (b).

(2) The Chairperson and other members of the Board shall be paid such

salary and allowances, as may be determined by the Government, in consultation

with the Board.

Sections 7 14. Filling up of casual vacancies.—A member, nominated to fill a casual

(4) and 156 vacancy, shall hold office for the remaining period of the term of office of the

(2) (b). member in whose place, he is nominated.

Sections 7 15. Terms and conditions of appointment of Secretary, other officers

(5) and 156 and employees of the Board.—The Secretary, other officers and employees

(2) (b).

452

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

of the Board shall be appointed on such terms and conditions and shall be paid

such salary and allowances, as may be determined by the Board from time to

time with the approval of the Government.

CHAPTER III

EMPLOYEES INSURANCE COURT

Sections 37 16. Appeal.- The Insured Person or the Corporation may file an second

(7) (b) and appeal to the Employees' Insurance Court by presenting an application within

154 (2) (b). ninety days from the date of receipt of the copy of order of the Medical Appeal

Tribunal:

Provided that the Employees' Insurance Court may entertain the appeal

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

reasons for not presenting the appeal within the prescribed period. The

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

Sections 51 17. Procedure and fees.- (1) The procedure for filing appeal to the Employee

(1) and 154 Insurance Court,-

(2) (c).

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

shall contain the following particulars, namely :-

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

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

address of applicant and the opposite party;

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;

(f) the relief which the applicant claims;

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

(iii) all the documents on which the appeal is based or has desired by applicant

shall be appended to appeal with an accurate list thereof;

(iv) all appeals shall be entered in a register in Form III to be maintained by

the Court.

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PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

(2) Proceeding of Employees Insurance Court.:-(i) Every appeal to the Court

shall be filed within three years on which the cause of action arose or as the

case may be, the claim become due;

(ii) Where at any stage it appears to the Court that the appeal should be

presented to another Court, or should be entertained by another Court, the

first Court shall send the appeal or file of the case to the Court empowered to

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

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

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

(iii) The Court shall follow the rules of the Code of Civil Procedure, 1908 in

respect of summoning of the parties, service of summons, procedure of hearing,

framing of issues, statement and production of evidence, method of recording

evidence, cross examination of witness and other related matters.

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

to in section 49 shall be hundred rupees.

(ii) The fee and costs payable in respect of any other matter shall be such as

may be prescribed for the time being in force.

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

CHAPTER IV GRATUITY

Sections 5 18. Bank or other financial institution in which the gratuity shall be

(1) and 154 invested for the benefit of minor.—In the case of nominee, or an heir, who

(2) (c). is minor, the competent authority shall invest the gratuity amount deposited

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

India or any other 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 5 of 1970) or a corresponding new bank

specified in the First Schedule of the Banking Companies (Acquisition and

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

Sections 5 19. Time, form and manner of nomination by an employee.— (1) A

(1) 55(4), nomination shall be in Form IV and submitted in duplicate by the employee

55(5), 55(6) either by personal service, after taking proper receipt or by registered post

and 154 (2) acknowledgement due or electronically to the employer,

(e).

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PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

(i) in the case of an employee who is already in employment for a year or

more on the date of commencement of these rules but not submitted the

nomination, ordinarily, within ninety days from such date; and

(ii) in the case of an employee who completes one year of service after the

date of commencement of these rules, ordinarily within 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.

(2) Within thirty days of the receipt of nomination in Form IV under sub-

rule (1), the employer shall get the service particulars of the employee, as

mentioned in the form of nomination, verified with reference to the records of

the establishment and return to the employee, after obtaining a receipt thereof,

the duplicate copy of the nomination in Form IV duly attested either by the

employer or an officer authorised in this behalf by him, as a token of recording

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

be recorded.

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

shall, within ninety days of acquiring a family submit in the manner specified in

sub-rule (1), a fresh nomination, as required under sub-section

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

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

sub-rule (1).

(4) A notice of modification of a nomination, including cases where a nominee

predeceases an employee, shall be submitted in duplicate in Form-VI to the

employer in the manner specified in sub-rule (1), and thereafter the provisions

of sub-rule (2) shall apply mutatis mutandis.

(5) A nomination or a fresh nomination or a notice of modification of

nomination shall be, signed by the employee or, if illiterate, shall bear his

thumb impression and shall be submitted by the employee electronically or by

registered post acknowledgement due.

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

shall take effect from the date of receipt thereof by the employer.

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Sections 56 20. Time within which and the form in which a written application shall

(5) and 154 be made.- (1) Application for Gratuity.- (i) An employee who is eligible for

(2) (f). payment of gratuity under the Code, or any person authorized, in writing, to

act on his behalf, shall apply, ordinarily within thirty days from the date the

gratuity became payable, in Form VII to the employer:

Provided that where the date of superannuation or retirement of an

employee is known, the employee may apply to the employer before thirty

days of the date of superannuation or retirement:

Provided further that an employee on fixed term employment shall be

eligible for gratuity, if he renders service under the contract for a period of one

year and he shall be paid gratuity at the rate of fifteen days' wages, based on

the rate of wages last drawn by him, for every completed year of service or

part thereof in excess of six months.

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

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

thirty days from the date of gratuity became payable to him, in Form VII to the

employer:

Provided further that an application in plain paper with relevant particulars

shall also be accepted. The employer may obtain such other particulars as may

be deemed necessary by him.

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

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

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

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

commencement of these rules, the periods of limitation specified in clauses (i),

(ii) and (iii) of sub-rule (1) shall be deemed to be operative from the date of

such commencement.

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

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

adduces sufficient cause for the delay in preferring his claim, and no claim for

gratuity under the Code shall be invalid merely because the claimant failed to

present his application within the specified period. Any dispute in this regard

shall be referred to the competent authority for his decision.

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

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

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

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

(a) if the claim is found admissible on verification, issue a notice in

Form VIII to the applicant employee, nominee or legal heir, as the case

may be, specifying the amount of gratuity payable and fixing a date, not

being later than the thirtieth day after the date of receipt of the application,

for payment thereof, or

(b) if the claim for gratuity is not found admissible, issue a notice in

Form VIII to the applicant employee, nominee or legal heir, as the case

may be, specifying the reasons why the claim for gratuity is not considered

admissible.

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

competent authority.

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

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

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

application in this behalf is made by the payee explaining why it is not possible

for him to be present in person on the date specified.

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

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

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

time limit specified for issuance of notices under clause (i) of sub-rule (2) shall

be operative with effect from the date such witness or evidence, as the case

may be, called for by the employer is furnished to the employer.

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

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

electronically.

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

(3) Mode of payment of gratuity.—The gratuity payable under the Code

shall be paid through Demand Draft or by crediting in the bank account of the

eligible employee, nominee or legal heir, as the case may be:

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

by the employer to the competent authority of the area.

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

section (5) of section 56.—

(i) if an employer-

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

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

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

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

payable or rejecting eligibility to payment of gratuity, or

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

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

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

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

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

party:

Provided that the competent authority may accept any application under

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

of the specified period.

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

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

or shall be sent by registered post acknowledgement due or electronically.

(5) Procedure for dealing with application for direction.—

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

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

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

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

through his authorized representative together with all relevant documents and

witnesses, if any.

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

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

letter of authority from the employer or the person concerned, as the case may 458

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be, on whose behalf he seeks to act together with a written statement explaining

his interest in the matter and praying for permission so to act. The competent

authority shall record thereon an order either according his approval or

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

for the refusal.

acts of the representative.

(d) after completion of hearing on the date fixed under clause (a), 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. A copy

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

(e) if the employer concerned fails to appear on the specified date of hearing

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

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

fails to appear on the specified date of hearing without sufficient cause, the

competent authority may dismiss the application:

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

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

application re-heard after giving not less than fourteen days' notice to the

opposite party of the date fixed for rehearing of the application:

Provided further that the time limit for disposal of application for direction

shall not exceed ninety days from the date of filing of the application before the

Competent authority. In case of non-appearance by either of the parties, a

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

(6) Place and time of hearing.—The sittings of the competent authority shall

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

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

(7) Administration of oath.—The competent authority may authorize a clerk

of his office to administer oaths for the purpose of making affidavits.

(8) Summoning and attendance of witnesses.—The competent authority may,

at any stage of the proceedings before him, either upon or without an application

by any of the parties involved in the proceedings before him, and on such 459

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terms as may appear to the competent authority just, issue summons to any

person in Form X either to give evidence or to produce documents or for both

purposes on a specified date, time and place.

(9) Service of summons or notice.—

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

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

registered post acknowledgement due or electronically or in any other manner

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

(b) where there are numerous persons as parties to any proceeding before

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

association or are represented by an authorised person, the service of notice on

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

trade union or association, or on the authorized person shall be deemed to be

service on such persons.

(10) Maintenance of records of cases by the competent authority.—

(a) the competent authority shall record the particulars of each case under section

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

(b) the competent authority shall, while passing orders in each case, also

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

memoranda of evidence with the order sheet.

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

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

officer appointed in writing for this purpose by the competent authority.

(11) Direction for payment of gratuity.—If a finding is recorded under clause

(d) of sub rule (5) that the applicant is entitled to payment of gratuity under the

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

in Form XI electronically or registered post acknowledgment due or in person

specifying the amount payable (including interest due, if any, under sub-section

(4) of section 56 of the Code) and directing payment thereof to the applicant

under intimation to the competent authority within thirty days from the date of

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

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

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(12) Appeal.—

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

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

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

under registered post acknowledgement due or electronically.

(b) the Memorandum of appeal shall contain the facts of the case, the decision

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

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

(d) on receipt of the copy of Memorandum of appeal, the competent authority

shall forward records of the case to the appellate authority.

(e) within fourteen days of the receipt of the copy of the Memorandum of

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

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

copy to the appellant.

(f) the appellate authority shall record its decision after giving the parties to

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

shall be given to the parties to the appeal by electronically or registered post or

in person and a copy thereof shall be sent to the competent authority returning

his records of the case.

(g) the competent authority shall, on receipt of the decision of the appellate

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

(h) on receipt of the decision of the appellate authority, the competent authority

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

gratuity and issue a notice to the employer concerned in Form XI specifying

the modified amount payable and directing payment thereof to the applicant,

under intimation to the competent authority within fifteen days of the receipt

of the notice by the employer. A copy of the notice be endorsed to the appellant

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

authority.

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

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

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

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(13) Application for recovery of gratuity.—Where an employer fails to pay

the gratuity due under the Code in accordance with the notice by the competent

authority under sub-rule (11) or sub-rule (12), as the case may be, the employee

concerned, his nominee or legal heir, as the case may be, to whom the gratuity

is payable may apply to the competent authority in duplicate in Form XII for

recovery thereof under section 129 of the Code.

Sections 57 21. Manner of registration .-(1) Every Employer of an establishment covered

(3), 57(4) by the Code shall get his/her establishment registered electronically with

and 154 (2) competent authority in Form XIII within thirty days from the date of notification

(g). of the compulsory insurance specified under sub section (1) of section 57 of

the Code.

(1) The Board of Trustees shall include an equal number of representatives

of the employer and the employees of the establishment.

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

be recoverable as an arrear of land revenue.

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

Sections 58 authority .—The person to be appointed as the competent authority for the (1) and 154 purpose of this Chapter shall be an officer not below the rank of Assistant (2) (h). Labour Commissioner or Labour Conciliation Officer having educational

qualification and experience as determined for that post by the Government.

CHAPTER V

MATERNITY BENEFIT

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

Sections 72

(3), and 156 (a) A complaint under sub-section (1) of section 72 shall be made in writing

(2) (i). in Form XIV as the case may be.

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

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

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

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

satisfied that the maternity benefit or the amount has been improperly withheld,

he shall direct the employer to make the payment to the woman or to the

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

or within a specified period:

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Provided that the time limit for disposal of complaint shall not exceed

ninety days from the date of filing of complaint. In case of non-appearance by

either of the parties, a maximum of three opportunities may be given before

disposal of the complaint.

(2) Appeal.-

(a) An appeal against the decision of the Inspector-cum-Facilitator under

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

(b) The aggrieved person shall prefer an appeal in writing to the prescribed

authority in Form XV and file other supporting documents.

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

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

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

(d) Taking into account the documents, the evidence produced before him

and the facts presented to him or ascertained by him, the prescribed authority

shall give his decision within a period of ninety days from filing of the application

before him. In case of non-appearance by either of the parties, a maximum of

three opportunities may be given before disposal of the appeal.

(3) Authority to whom an appeal may be preferred:

A person aggrieved by the order of Inspector-cum Facilitator under sub- section

(2) of section 72 may appeal to Additional Labour Commissioner.

CHAPTER VI

EMPLOYEE'S COMPENSATION

Sections 76 24. Amount to be deposited towards the expenditure of the funeral of

(7) and 156 the employee with the competent authority by the employer.—If the injury

(2) (d). of employee results in death, the employer shall in addition to compensation to

be given under the code shall deposit with the competent authority a sum of

fifteen thousand rupees or such amount as may be notified by the Government

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

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

employee or where the employee does not have any dependent or was not

living with his dependent at the time of his death to the person who actually

incurred such expenditure.

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Sections 79 25. Conditions when application for review is made without certificate

(1), and 156 of a medical practitioner.—Application for review of half-monthly payment

(2) (e). under sub-section (1) of section 79, may be made without being accompanied

by a medical certificate;-

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

determined, the employee's wages have increased;

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

determined, his wages have diminished;

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;

(d) 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;

(e) 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.

Sections 82 26. Class of employers and the form of notice-book.— Every employer

(4), and 154 to which the Code applies, shall maintain a notice book in accordance with

(2) (j). sub-section (4) of section 82 in Form XVI.

Sections 84 27. Interval for medical examination—A employee who is in receipt of a

(1) and 156 half monthly payment shall not be required to submit himself for medical

(2) (f). examination elsewhere than at the place where he is residing for the time being

for more than twice in the first month following the accident or more than once

in any subsequent month.

Sections 88 (1) 28. Form of statement to be submitted by the employer.-The statement

and 156 (2) (g). for fatal accident required under sub-section (1) of section 88 shall, be in Form XVII.

29. Manner of Recording Memorandum.-

Sections 89

(1) and 156 (1) Form of Memorandum- Memoranda of agreement sent to the competent

(2) (j). authority under sub-section (1) of section 89 shall unless the competent authority

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

circumstances of the case admit with, Form XVIII, or Form XVIIIA, or Form

XVIII B as the case may be.

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(2) After receiving a memorandum of agreement, the competent authority

shall, for taking decision to record memorandum or refusing to record, shall

issue notice to parties to agreement in Form XIX, fixing date and place of

hearing and in default of objections, he proposes to record the memorandum

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

post or speed post or electronically:

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

are present at the time when notice in writing would otherwise issue.

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

agreement shall take decision to record or refuse to record the memorandum:

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

to prevent the competent authority from refusing to record the memorandum

on the date so fixed even if no objection has been made by any party concerned.

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

ought not to be recorded, he shall inform the parties present of his decision and

of the reasons thereof and if any party desiring the memorandum to be recorded

is not present, he shall send information to that party.

(5) Registration of memorandum accepted for record.- In recording a

memorandum of agreement, the competent authority shall cause the same to

be entered in a register in Form XX and shall cause an endorsement to be

entered under his signature on a copy of a memorandum to be retained by him

in the following terms, namely-

"The memorandum of agreement bearing Serial No.________________of

20_____in the register has been recorded this_________day__________of.

(Signature)

competent authority"

Sections 91 30. Qualifications and experience for competent authority.—The person

(1) and 154 to be appointed as the competent authority for the purpose of this Chapter

(2) (1). shall be an officer not below the rank of Assistant Labour Commissioner or

Labour-cum-Conciliation Officer having educational qualification and experience

as determined for the post by the Government:

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Provided that a person to be appointed as competent authority for the

purpose of this Chapter shall have experience of at least five years of service

on the post of Labour-cum-Conciliation Officer:

Provided that a person who has worked as Labour-cum-Conciliation Officer

and Assistant Labour Commissioner for a combined period of not less than

five years need not possess the above mentioned experience for being appointed

as competent authority.

Sections 92 31. Manner in which matters may be dealt with by or before a competent

(1) and 156 authority- (1) On receipt of the application, the competent authority shall

(2) (h). verify the jurisdiction as per the parameters specified in clause (a), (b) and (c)

of sub-section (1) of section 92.

(2) If it appears to the competent authority on receiving the application that it

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

after endorsing upon it the date of the presentation and return, the reason for returning

it and designation of the competent authority to whom it should be presented.

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

application should be entertained by another competent authority, he shall

send file of the case to that authority who has the jurisdiction, and inform to

the applicant and other parties in accordance with the procedure defined in

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

(4) The competent authority to whom the case has been transferred, shall

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

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

Sections 93 32. Time-limit for disposal of application and cost incidental to the

(4) and 154 proceedings.—(1) The competent authority shall dispose the application within

(2) (i). six months from the date of receiving the application .

(2) Incidental Costs- (i) Any party to the dispute who desires to get certified

copies of decision, decree or other document, may get the same on payment of

cost at the following rate, namely:-

(a) the cost for the copies of any document of record or statement or order

or decree shall be rupees hundred per copy of the said documents.

(b) The cost of service or summons or notices or expenses of witnesses or

the cost payable in respect of any of the matter not referred above shall be

such amount as may be ordered in each case by the competent authority.

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

exempt the applicant from the payment of cost.

(ii) Any person who is not a party to dispute, may get the certified copy of

decision, decree or other documents except the confidential documents, on

payment of such fees as specified in the preceding clause.

Sections 97 33. Manner of authentication of memorandum.— (i) After framing of

and 154 (2) issues, parties may submit their evidence on affidavit, on which the opposite

(j).

party shall have right to cross examination.

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

and expenses fixed by the competent authority, the competent authority may

summon any witness whose evidence, he thinks necessary for just decision of

the case.

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

competent authority and shall be authenticated by his signatures and seal.

CHAPTER VII

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND

OTHER CONSTRUCTION WORKERS

S e c t i o n s 34. Time limit to pay the amount of cess .— (1) The cess levied under the

101 and 154 sub-section (1) of section 100 shall be paid by an employer, within thirty days

(2) (m). of the completion of the construction project or within thirty days of the date

on which assessment of cess payable is finished; whichever is earlier, to the

cess collector.

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

the project or construction work exceeds one year, cess shall be paid within

thirty days of completion of one year from the date of commencement of

work and every year thereafter at the notified rates on the cost of construction

incurred during the relevant period.

S e c t i o n s 35. Fees for appeal.—An appeal preferred under sub-section (1) of section

105 (2) and 105 shall be accompanied by non-refundable fee equivalent to half percent,

154 (2) (n). but not exceeding rupees twenty five thousand of the amount in dispute or

penalty or both, as the case may be, under such appeal.

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CHAPTER VIII

FINANCE AND ACCOUNTS

S e c t i o n s 36. Conditions to acquire, hold, sell or otherwise transfer any movable

120 and 154 or immovable property.— The Government shall in consultation with the

(2) (o). Punjab Unorganised Social Security Board and the Punjab Building and Other

Construction Workers Welfare Board frame a detailed policy for the purposes

specified in Section 120 of the Code.

S e c t i o n s 37. Conditions and manner of writing off irrecoverable dues.— Where

121 and 154 Punjab Unorganized Workers Social Security Board or The Punjab Building

(2) (p). and other Construction Workers Welfare Board is of the opinion that the amount

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

irrecoverable, the Board or any other officer authorised by it in this behalf,

may sanction the writing off of the said amount, subject to the following

conditions, namely: —

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

whereabouts of the employer cannot be ascertained, despite all possible efforts; or

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

want of sufficient assets of the defaulting employer; or

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

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

having gone into liquidation; or

(b) in the event of factories or establishment being nationalised or taken

over by the Government.

CHAPTER IX

AUTHORITIES ASSESSMENT COMPLIANCE AND RECOVERY

S e c t i o n s 38. Other powers of Inspector-cum-Facilitator.: In addition to powers

122 (6) (e) specified in sub-section (6) of section 122, the Inspector -cum-Facilitator may

and 154 (2) exercise such other powers as the Government may deem fit from time to time.

(q).

CHAPTER X RECORDS

S e c t i o n s 39. Maintenance of records, registers, returns etc: (1)(a) The employer

123 and 154 of every establishment in which women are employed shall prepare and maintain

(2) (r). a register of women employees in Form XXI electronically or in hard copy and 468

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shall enter therein particulars of all women workers in the establishment and

the same shall always be available for inspection under notified inspection

scheme by the Inspector- cum-Facilitator.

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

particulars as may be required for any other purpose of the Code. (2)(a)The

records to be maintained for the purposes of Chapter V of the Code and the

rules framed there under shall be preserved for a period of three years from

the date of their preparation.

(b) The employer of every establishment in which employees are employed,

shall prepare and maintain record and registers as per the record and registers

to be maintained under the Code on Wages 2019 and the rules framed thereunder.

(3)(a) The employer to which the provisions of Chapter V of the Code applies,

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

return in Form XXII online on the web portal of the Government, giving

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

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

the production of accounts, books, register and other documents maintained in

electronic form or otherwise.

Explanation.- (a) For the purposes of this sub-rule, the expression "electronic

form" shall have the same meaning as assigned to it in clause (r) of section 2 of

the Information Technology Act, 2000 (Central Act 21 of 2000).

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

the working of the establishment, he shall, within one month of the date of

such sale or abandonment or four months of the date of such discontinuance,

as the case may be, upload online, on the web portal of the Government, a

further unified return in Form XXII in respect of the period between the end of

the preceding year and the date of the sale, abandonment or discontinuance.

CHAPTER XI

OFFENCES AND PENALTIES

S e c t i o n s 40. Form and manner of application for compounding of an offence.-

138 (4) and (1) The officer authorized by the Government by notification for the purposes

154 (2) (s). of compounding of offences under sub-section (1) of section 138 shall issue

electronically a compounding notice in Form XXIII for the offences which are

compoundable under section 138.

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

electronically and deposit the entire compounding amount by electronic transfer

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

(3) The Compounding Officer shall issue a composition certificate in Part IV

of Form XXIII within ten days of receipt of the composition amount, to such

person from whom such amount has been received in satisfaction of the

composition notice.

(4) If a person so noticed fails to deposit the composition amount within the

prescribed time, the prosecution shall be instituted before the competent court

for the offence in respect of which the compounding notice was issued, against

such person.

(5) Composition after institution of prosecution. — (a) The court may

compound any compoundable offence at any time after filing of a complaint

under section 138 of the Code.

(b) The provisions of section 320 of the Code of Criminal Procedure, 1973

shall apply to such compositions.

CHAPTER XII

EMPLOYMENT INFORMATION AND MONITORING

S e c t i o n s 41. Manner and form of reporting vacancies and form of filing the return

139 (2) and by the employer, to the concerned career centre.—

154 (2) (t). (1) Reporting of Vacancies to Career Centres: (a) After the commencement

of this Code in the State or area thereof, the employer in every establishment

in public sector, before filling up any vacancy in any employment in that

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

Centre as may be specified in the notification by the State Government.

(b) The employer in every establishment in private sector or every

establishment pertaining to any class or category of establishments in private

sector shall, before filling up any vacancy in any employment in that

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

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

for receipt of vacancies reported by the employers, Career Centre to which the

vacancies are reported, would provide a unique vacancy reporting number for 470

PUNJAB GOVT. GAZ., APRIL 2, 2021

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the vacancy reported and convey it to the employer in writing, through email

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

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

Explanation.— (1) Establishment in "public sector "means an establishment

owned, controlled or managed by,—

(i) the Government;

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

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

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

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

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

(iv) a local authority.

(2) "Establishment in private sector" means an establishment which is not an

establishment in public sector and with ordinarily fifty or more employees or

such number of employees as may be notified by the State Government.

(2) Type of vacancies and respective Career Centre for reporting of

vacancies.—

(a) The following are the types of vacancies, namely-

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

minimum pay or pay level or both as notified by the State Government,

occurring in establishments in respect of which the Government is the

appropriate Government under the Code; and

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

Career Centres outside the State or Union Territory in which the

establishment is situated shall be reported to such Career Centre as may

be specified by the State Government by notification.

(b) Vacancies which have been reported to the Career Centre and for which

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

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

by the Central Government by notification.

(3) Form and manner of reporting of vacancies.—

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

or digitally to the Career Centre specified by the State Government.

(b) The vacancies shall be reported in the format given at Form XXIV,

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

vacancy.

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

as the case may be, to the specified Career Centre.

(4) Time limit in the reporting of vacancies.—Vacancies, required to be

reported to the Career Centre, shall be reported at least fifteen days before the

last date of receipt of the applications of the prospective candidates for purpose

of appointment or taking interview or test against the vacancies reported.

(5) Maintenance of records.— (a) After the commencement of the Code ,

the employers in every establishment in the public sector shall maintain records

manually or electronically or digitally about

(i) total number of employees (regular, contractual or fixed term

employment) on 31stMarch of every year;

(ii) persons recruited during the year ending on 31stMarch;

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

(iv) vacancies for which suitable candidates were not available during

the year ending on 31stMarch;and

(v) approximate number of vacancies likely to occur during the next

financial year.

(b) The State Government may by notification, require that from such date

as may be specified in the notification, the employer in every establishment in

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

establishment in private sector shall maintain records manually or electronically

or digitally about

(i) total number of employees (regular, contractual or fixed term

employment) on 31stMarch of every year;

(ii) persons recruited during the year ending on 31stMarch;

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

472

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(iv) vacancies for which suitable candidates were not available during

the year ending on 31stMarch;and

(v) approximate number of vacancies likely to occur during the next

financial year.

(6) Submission of returns.—An employer shall furnish to the concerned

Career Centre yearly returns in Form XXV, the yearly returns shall be furnished

manually or, electronically, or digitally, as the case may be, as specified by the

Government in notification, within thirty days of the due date i.e. 31st March

of the year.

(7) Declaration of Executive Officer.—The Director of Employment or an officer

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

Government, shall declare in writing an officer looking after the work of Career

Centres as Executive Officer for each district for the purpose of enforcement and

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

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

authorize any person in writing to exercise those rights and perform duties.

(8) Levy of penalty under the Chapter XIII of the Code.—The Director of

Employment or an officer of equivalent or above rank, controlling the work of

Career Centres, of the Government shall be the competent authority to approve

institution or sanction the institution of levy of penalty for an offence under the

Code as mentioned in section 133.

CHAPTER XIII

MISCELLANEOUS

S e c t i o n s 42. Constitution of Fund.— (1) The Fund shall be known as the Punjab

141 (5) and Social Security Fund and all the expenses towards the scheme(s) notified under

156 (2) (k). sub-sections (2) of section 109 for the Unorganised Workers, shall be met out

of this fund. In addition to the source of fund mentioned in clause (i) sub-

section (5) of section 141, the amount received from the following sources

shall be credited to the Fund namely:-

(i) amount given by the State Government for the establishment of the fund;

(ii) the amount of grant given by the Government of India, the State

Government and other authorities and other statutory bodies;

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

PUNJAB GOVT. GAZ., APRIL 2, 2021

473

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(iv) amount received for implementation of the scheme notified by the

Government of India;

(v) amount received for implementation of the scheme notified by the State

Government;

(vi) contribution or donation or any other financial support from employer,

their association or from Corporate Social responsibility (CSR) Fund as

determined by the State Government by general or special order;

(vii) any other source which is approved by the State Government by

notification in Official Gazette.

(2) The fund shall be administered by the State Government through an

agency designated by the State Government in the manner, as notified by the

State Government.

(3) The directions of the State Government, if any shall be complied with by the

agency designated for the administration of the Punjab Social Security Fund.

(4) The statement of accounts of the Punjab Social Security Fund shall be

maintained by the agency, in the form(s) and manner as specified by the State

Government and shall be submitted to the State Government from time to time.

(5) The accounts of the Punjab Social Security Fund shall be audited by the

Comptroller and Auditor General of India or any other State Agency as the

State Government may notify.

S e c t i o n s 43. Submission of a copy of the Form to the office of the Director

156 (2) (l). General, Labour Bureau.—A copy of Form VIII (notice for Payment or

Rejecting claim of Gratuity) shall be shared electronically with the designated

authority of the State Government and the Director General, Labour Bureau.

44. The-Punjab Maternity Benefit Rules, 1967, The Payment of Gratuity Repeal and (Punjab) Rules, 1973, the Punjab Building and Other Construction Workers saving (Regulation of Employment and Conditions of Service) Rules, 2008, the Punjab

Unorganized Workers' Social Security Rules, 2012 and the Workman's

Compensation Rules, 1924 are hereby repealed :

Provided that any order issued or any action taken under the aforesaid

rules and regulations so repealed, shall be deemed to have been issued or taken

under the corresponding provisions of these rules.

474

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(CHTR 12, 1942 SAKA)

FORM I

[See rule 16 (2)]

Appeal to Employees' Insurance Court

To,

The Authority,

(Appointed under the Code on Social Security, 2020)

……………………………………………(Address)

Sir,

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

*Feel aggrieved by the order of under sub section 7(a) of section 37 for the reasons attached hereto, prefer this second appeal under sub-section 7(b) of section 37 and request that the said ................. be ordered ................................................................................

A copy of the order of ..........................................................................................

in this behalf is enclosed.

Signature or thumb impression

of the Aggrieved person

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

Signature of an Attester in case the person

is not able to sign and affixes thumb

impression.

PUNJAB GOVT. GAZ., APRIL 2, 2021

475

(CHTR 12, 1942 SAKA)

Form II

[See rule 17 (2)(i)]

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

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

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

Applicant

(add description and residence)

Against

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

Opposite Party (add description and residence) Other Particulars of Application specified in rule 6(2) ……….……....………. …………..........……….............................………

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

Signature of Applicant Date ………………. (verification by the applicant)

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

Date ………….… …………………….

Signature 476

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(CHTR 12, 1942 SAKA)

1 Date of presentation of application

2 No of proceedings

3 Name Applicant

4 Description

5 Place of residence

6 Particulars

opposite party 7 Amount of value, if any

8 Place of residence Claim

9 Particulars

10 Amount or value, if any

11 When the cause of action accured

12 Day of parties to appear appearances 13 Applicant

14 Opposite-party

15 Date

final

16 For whom

18 Order

19 Date of Decision of appeal, if any appeal

20 Judgment in appeal,

21 Date of application executive

22 against whom

23 For what, and amount of money

24 Amount of costs

25 Date of order yrasferingto another vivil court

26 Other remarks, if any PUNJAB GOVT. GAZ., APRIL 2, 2021

477

(CHTR 12, 1942 SAKA)

FORM IV

[See rule 19 (1) (2)]

Nomination

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

(Name in full here)

I, Shri/Shrimati/Kumari whose particulars are given in the statement below, hereby nominate the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name (s) of the nominee(s).

2. I, hereby certify that the person (s) mentioned is a/are member (s) of my family within the meaning sub section (33) of section 2 of the code.

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

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

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

NOMINEE(S)

Name in full with Relationship Age of nominee Proportion by

full address of with the Which the

nominee(s) Employee

gratuity will be

shared

1 2 3 4

so on

STATEMENT

1. Name of the employee in full.

2. Sex.

3. Religion.

4. Whether unmarried/married/widow/widower.

5. Department/branch/section where employed.

6. Post held with ticket no., or serial no., if any 478

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

7. Date of appointment

8. Permanent address

Village,

Police Station, sub-division

Post office, district, state

Place

Date

signature/thumb-impression

of the employee.

Declaration by witness

Nomination signed/thumb-impressed before me

Name in full and full address

Of witness

signature of witness

Certificate by the employer

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

Employer's reference no., If any.

Signature of the employer/officer authorized

Designation

Date

name and the address of the establishment

Or rubber stamp thereof.

Acknowledgment by the employee

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

Date

signature of the employee.

Note-Strike out the words and paragraphs not applicable.

PUNJAB GOVT. GAZ., APRIL 2, 2021

479

(CHTR 12, 1942 SAKA)

FORM V

[See rule 19 (2)(3) ]

Fresh Nomination

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

I, sri/srimati…………………………………………..(name in full here) whose particulars are given in the statement below, have acquired a family within the meaning of sub-section (33) of section 2 of the code with effect from the

……………….. (date here)… in the matter indicated below and therefore nominate a fresh person(s)mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable or having become payable has not been paid, direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s).

2. I hereby certify the person(s) nominated is a/are member(s) of my family within the meaning of sub-section (33) of section 2 of the code.

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

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

4. I have excluded my husband from my family by a notice, dated the …………………… to the controlling authority in terms of the proviso to sub-section (33) of section 2 of the code. NOMINEE(S)

Name in full with Relationship with Age of nominee Proportion by which address of the employee the gratuity will be nominee(s)

shared

1 2 3 4

Manner of acquiring a 'family'

(here give details as to how a family was acquired, i.e. whether by marriage or parents being rendered dependent or through other process like adoption.)

STATEMENT

1. Name Of The Employee.

2. Sex.

3. Religion

4. Whether unmarried/married/widow/widower

5. Department/branch/section where employed 480

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(CHTR 12, 1942 SAKA)

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

7. Date of appointment

8. Permanent address

Village, Police Station, Sub-division, Post office, District, State

Place

signature/thumb-impression

Date

of the employee

Declaration by witnesses

Fresh nomination signed/thum-impressed before me.

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

CERTIFICATE BY THE EMPLOYER

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

Employer's reference no., if any.

Designation.

Name and address of the establishment

Or rubber stamp thereof.

Acknowledgment by the employee

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

duly certified by the employer.

Date

signature of the employee

Note-Strike out the words and paragraphs not applicable.

PUNJAB GOVT. GAZ., APRIL 2, 2021

481

(CHTR 12, 1942 SAKA)

FORM VI

[See rule 19 (2) (4)]

MODIFICATION OF NOMINATION

To ……………………………………………………………………….

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

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

statement below, hereby give notice that the nomination filed by me on [date]

and recorded under your reference No. …………….dated shall stand modified in the following manner. [Here give details of modifications intended] STATEMENT

1. Name of employee in full.

2. Sex.

3. Religion.

4. Whether unmarried/married/widow/widower.

5. Department /Branch/Section where employed.

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

7. Date of appointment.

8. Address in full.

Place Signature/Thumb impression of the employer

Date

DECLARATION BY WITNESSES

Modification of nomination signed/thumb impressed before me. Name in full and full address of witnesses. Signature of witnesses

1. 2.

Place

Date

CERTIFICATE BY THE EMPLOYER

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

Signature of the employer/officer

authorized

Designation

Name and address of the Establishment

or rubber stamp thereof.

ACKNOWLEDGMENT BY THE EMPLOYEE

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

duly certified by the employer.

Date

Signature of the employee

Note 482

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FORM VII

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

Application for Gratuity by an Employee/Nominee/Legal Heir

(Strike out the words not applicable)

To,

…………………………………………………………………………… (Give here name or description of the establishment with full address) Sir/Madam,

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

late…………………………….(Name of the employee)/ as a legal heir of late………….........………….(Name of the employee), beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 53 of the Code on Social Security, 2020 on account of-

(a) my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease/ on termination of contract period under fixed term employment with effect from the or;

(b) death of the aforesaid employee while in service/superannuation on………………after completion of…………..years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the or;

death of aforesaid employee of your establishment while in service/ superannuation on…………………………(date) without making any nomination after completion of years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from……………………

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

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

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

b. Address in full of employeeor

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

a. Name of Employee

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

c. Relationship of nominee/legal heir with the employee

d. Address in full of nominee/legal heir

e. Date of death and proof of death of the employee PUNJAB GOVT. GAZ., APRIL 2, 2021

483

(CHTR 12, 1942 SAKA)

f. Reference No. of recorded nomination if available

3. Department/Branch/Section where last employed

4. Post held by employee.

5. Date of appointment.

6. Date and cause of termination of service

7. Date of Death

8. Total period of service of the employee

9. Total wages last drawn by the employee.

10. Total gratuity payable to the employee/ share of gratuity claimed by a nominee/legal heir.

11. Payment may please be made by crossed bank cheque/credit in my bank account no…...

Yours faithfully,

Place:

Signature/Thumb-impression of the Date:

applicant employee/nominee/legal heir.

484

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM VIII

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

Notice for Payment/Rejecting claim of Gratuity

(Strike out the words not applicable)

To,……………………………………………………………………………

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

You are hereby informed that

(a) *as required under clause (b) sub-rule (2) of rule 8 of the Code on Social Security Rules, 2020, that your claim for payments of gratuity as indicated on your application in Form-VII under the said rules is not admissible for the reasons stated below:

Reasons (Here specify the reasons); or

(b) *as required under clause (a) sub-rule (2) of rule 8 of the Code on Social Security Rules Rules, 2020 that a sum of Rs. ………..(Rupees) is payable to you as gratuity/as your share of gratuity in terms of nomination made by ……………….

.on…………………and…………recorded in this as a legal heir of an employee of this establishment.

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

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

4. Brief statement of calculation

(a) Date of appointment.

(b) Date of termination/superannuation/resignation/ disablement/death.

(d) Wages last drawn:

(e) Proportion of the admissible gratuity payable in terms of nomination/as a legal heir:

(f) Amount payable:

Place:

Signature of the Employer/

Date:

authorised officer.

Name or description of establishment or rubber stamp thereof.

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

Copy also to: Office of DG Labour Bureau, Ministry of Labour and Employment, Chandigarh.

PUNJAB GOVT. GAZ., APRIL 2, 2021

485

(CHTR 12, 1942 SAKA)

FORM IX

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

Application for Direction

Before the Competent Authority for Chapter V under the Code on

Social Security, 2020

Application No. Date

BETWEEN

(Name in full of the applicant with full address)

AND

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

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

and employee of the abovementioned employer, and is entitled to payment of gratuity under section 53 of the Code on Social Security, 2020 on account of his own/aforesaid employee's superannuation on… (date)/his own retirement/aforesaid employees' resignation on…………………..(date) completion of years of continuous service/his own/aforesaid employees' total disablement with effect from (date) due to accident/disease death of aforesaid employee on……………….

2. The applicant submitted an application under Punjab Rule 8(1) of the Code on Social Security (Punjab) Rules, 2021 on the ……………….but the above-mentioned employer refused to entertain it/issued a notice dated the under clause ………….of sub- rule of rule ……………….offering an amount of gratuity which is less than my due/ issued a notice dated ………………..the under clause…………. of sub- rule…………of rule………………. rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed.

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

4. The applicant furnishes the necessary particulars in the annexure hereto and prays that the Competent Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner.

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

Date:

Signature/Thumb impression of the applicant.

PUNJAB GOVT. GAZ., APRIL 2, 2021

486

(CHTR 12, 1942 SAKA)

ANNEXURE

1. Name in full of applicant with full address

2. Basis of claim (Death/Superannuation/Retirement/Resignation/Disablement of Employee/Completion of contract period under Fixed Term Employment)

3. Name and address in full of the employee

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

5. Name and address in full of the employer

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

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

8. Date of appointment of the employee (if known)

9. Date and cause of termination of service of the employee (Superannuation / retirement /resignation/disablement/death/Completion of contract period under Fixed Term Employment)

10. Total period of service by the employee

11. Wages last drawn by the employee

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

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

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

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

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

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

18. Amount of gratuity claimed by the applicant

Signature/Thumb-impression of the applicant Place:

Date:

PUNJAB GOVT. GAZ., APRIL 2, 2021

487

(CHTR 12, 1942 SAKA)

FORM X

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

Notice for Appearance before the Competent Authority/Summon

(Strike out the words not applicable)

To,

(Name and address of the employer/applicant)

Whereas Shri an employee under you/a nominee(s)/legal heir(s) of Shri………………………………….an employee under the above-mentioned employer, has/have filed an application under sub-rule ........... of rule of the Code on Social Security(Punjab) Rules, 2021 alleging that (A copy of the said application is enclosed, if, summon is issued then copy of application is not required) Now, therefore, you are hereby called upon/summoned to appear before the Competent Authority at ………………….. (place)either personally or through a person duly authorized in this behalf for the purpose of answering all material questions relating to the application on the ….. day of …………20….. at 'O' clock in the forenoon/afternoon in support of/to answer the allegation; and as the day fixed for your appearance is appointed for final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your allegation/defence.

Take notice that in default of your appearance on the day before-mentioned, the application will be dismissed/heard and determined in your absence.

Whereas your attendance is required to give evidence/you are required to produce the documents mentioned in this list below, on behalf of ……….. in the case arising out of the claim for gratuity by………. Form and referred to this Authority by an application under section 56 of the Code on Social Security, 2020, you are hereby summoned to appear personally before this Authority on the ……. day of ……..20…………….. at …………

'O'clock in the forenoon/afternoon and to bring with you for to send to this Authority) the said documents.

List of documents-1.

3. so on

Given under my hand and seal, this …………..day of …………..20…..

Competent Authority

under the Code on Social Security Code, 2020 488

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(CHTR 12, 1942 SAKA)

Note:

1. Strike out the words and paragraphs not applicable.

2. The portion not applicable to be deleted.

3. The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons served before the date fixed.

4. In case the summons is issued only for producing a document and not to given evidence it will be sufficient compliance to the summons if the documents are caused to be produced before the Competent authority on the day and hour fixed for the purpose.

PUNJAB GOVT. GAZ., APRIL 2, 2021

489

(CHTR 12, 1942 SAKA)

FORM XI

[(See rule 20(11) and rule 20(12)(h) ]

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

(Strike out the words not applicable)

To,

(Name and address of employer)

1. Whereas Shri/Smt./Kumari of an employee……………………………………

(address) under you/a nominee(s)/legal heir(s) of late …………………………………an employee under you, filed an application under section 56 of the Code on Social Security, 2020, before me; or

Whereas a notice was given to you on …………………….requiring you to make payment of Rs……………………to Shri/Smt./Kumari as gratuity under the Code on Social Security, 2021.

2. And whereas the application was heard in your presence on… and after the hearing have cometo the finding that the said Shri/Smt./Kumari……………………………………

is entitled to a payment of Rs as gratuity under the Code on Social Security, 2020; or

Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs………………….. is due to be paid to Shri/Smt./ Kumari………………………….as gratuity due and the amount as interest due under The Code on Social Security, 2021.

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

Shri/Smt./Kumari within thirty days of the receipt of this notice with an intimation thereof to me.

Given under my hand and seal, this …………….day of……………….20………...

Competent Authority

under the Code on Social Security Code, 2021

Copy to:

1. The Applicant- He is advised to contact the employer for collecting payment.

2. The Appellate Authority if applicable.

Note.---(Strike out paragraphs if not applicable) 490

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XII

[(See rule 20(13)]

Application for Recovery of Gratuity

Before the Competent Authority for Chapter V under the Social Security Code, 2020 Application No. Date

BETWEEN

(Name in full of the applicant with full address)

AND

(Name in full of the employer/Trust/Insurer concerned with full address)

1. The applicant is an employee of the above-mentioned employer/a nominee of late an employee of the above mentioned employer/a legal heir of late ………………an employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated the ……………………….. of Code on Social Security (Punjab) Rules, 2021 for payment of a sum of Rs as gratuity payable under the Code on Social Security, 2021.

2. The applicant submits that the said employer failed to pay the said amount of gratuity to me as directed by you although I approached him for payment.

3. The applicant therefore prays that a certificate may be issued under section 129 of the Code for recovery of the said sum of Rs due to me as gratuity in terms of your direction.

Signature/Thumb-impression of applicant.

Place:

Date:

Note.—Strike out the words not applicable.

PUNJAB GOVT. GAZ., APRIL 2, 2021

491

(CHTR 12, 1942 SAKA)

FORM XIII

[See rule 21(1)]

Application for Registration of an Establishment under sub-section (3) of Section 57.

A. Establishment Details.

1. Retrieve details of Establishment through LIN/Registration Number:

2. Name of Establishment:

3. Location and Address of the Establishment:

4. Others details of Establishment:

a. Total Number of employees engaged directly in the establishment:

b. Total Number of the contract employees engaged:

c. Total Number of Inter-State Migrant workers employed:

5. Ownership Type/Sector:

6. Activity as per National Industrial Classification (NIC):

7. Details of Selected NIC Code:

8. Identification of the establishment e-sign/ digital sign of employer/ representative:

B. Details of Employer:-

1. Name & Address of Employer / Occupier / Owner/Agent/ Chief Executive-

2. Designation:

3. Father's/ Husband's Name of the Employer:

4. Email Address, Telephone& Mobile No:

C. Manager/ Agent Details

1. Full name & Address of Manager/ Agent or person responsible for supervision and control of the Establishment;

2. Address of Manager/ Agent:

3. Email Address, Telephone& Mobile No :

D. Details of Approved Gratuity Fund/Insurance obtained for liability of payment towards the Gratuity;

E. Others Details:-

Signature/ E-sign/digital sign of employer

Dated:-

Pl 492

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XIV

[See rule 23(1)(a)]

Complaint to the Inspector-cum-Facilitator

To,

The Inspector-cum-Facilitator

(Under The Code on Social Security, 2020)

Sir,

I…… (Name of woman) employed in…… (name and full address of the establishment) or I, (name), a person nominated under section 62 by or a legal representative of…..........................…(name of woman) employed in… (name and full address of the establishment) having fulfilled the conditions laid down in the Code on Social Security , 2020 and the Rules thereunder, am entitled to Rs…….......................... being maternity benefit and/ or Rs being the medical bonus and/ or Rs being wages for leave due under section 65 but the same has been improperly withheld by the employer/discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Chapter VI of Code on Social Security , 2020.

You are therefore requested, to direct the employer to pay the amount to me/ to set aside the discharge or dismissal done by the employer.

Signature or thumb impression of the Woman/

nominee/ legal representative

Date…………

Signature of an Attester in case the woman/

nominee/ legal representative is

unable to sign and affixes thumb impression.

Full address of the women/nominee/legal representative.

PUNJAB GOVT. GAZ., APRIL 2, 2021

493

(CHTR 12, 1942 SAKA)

FORM XV

Appeal

[See rule 23 (2) (b)]

To,

The Authority,

(Appointed under the Code on Social Security, 2020)

…………………………………………… (Address)

Sir,

I………, the undersigned, woman employee of……… (name and full address of the establishment)

*Feel aggrieved by the order of Inspector-cum-Facilitator under sub section (2) of section 72 for the reasons attached hereto, prefer this appeal under sub-section (2) of section 68 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of Inspector-cum-Facilitator cum Facilitator in this behalf is enclosed; or

*Shri , Inspector-cum-Facilitator, having directed under sub-section (2) of section 72 to pay the maternity benefit or other amount being…................…… (Nature of amount) to which… (Name of woman) is said to be entitled/to set aside my discharge or dismissal during or on account of absence from work in accordance with the provisions of this Chapter V of the Code on Social Security , 2020(Strike out unnecessary portion).

I prefer this appeal under sub-section (3) of section 72. In view of the facts mentioned in the memorandum attached hereto and other documents filed herewith it is submitted that the woman is not entitled to the maternity benefit or the said amount and hence the order of the Inspector-cum-Facilitator in the copy of which is enclosed, may be set aside.

*Strike out unnecessary portion.

Signature or thumb impression of the Women

/Aggrieved person

Date………

Signature of an Attester in case the woman is

not able to sign and affixes thumb impression.

Full address of the nominee/legal representative 494

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XVI

(Notice Book of the Accidents)

[See rule 26 ]

Name of the Establishment……………...............................................…

Nature of Business ………………..................................................….…

Date of opening………………..................................................….......…

Registration no (if any)-……………………...........................................

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

Date Short Name Whe- Whe- Whe- Whe- Amount Amount Date of of detail of the ther ther ther ther of of payment acci- of injured acci- acci- acci- acci- Compen- Compen- or

dents Acci- person dent dent dent dent sation sation deposit

dent result result result result paid to deposited of

in in impartial in employee to Compen- death total disable- tempo- or his Compe- sation

disabl- ment rary dependent tent

ement disable- Autho-

ment rity

1 2 3 4 5 6 7 8 9 10 PUNJAB GOVT. GAZ., APRIL 2, 2021

495

(CHTR 12, 1942 SAKA)

FORM XVII

[See rule 28]

Statement of Fatal Accidents

To ,

Competent Authority,

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

Sir,

1. I have the honor to submit the following statement of an accident which occurred in (date), at (here enter details of premises) and which resulted in the death of the employee/ employees of whom particulars are given in the statement annexed.

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

b. Brief History of Accident

c. Place where the accident occurred.

d. Manner in which deceased was/were employed at the time.

e. Cause of the accident.

f. Accident reported at the local police station (Copy of FIR if any)(Y/N)

g. Any Other Relevant Information

3. I am responsible for payment of compensation.

4. Details of employee …………………………..

a. Name of the employee …………….

b. Age of the employee ………………..

c. Wages of the employee ………………

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

(Signature and designation

of person making the statement)

Name:

Mobile:

Address:

496

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XVIII

[See rule 29]

Memorandum of Agreement

It is hereby submitted that on the ................... day of ............ 20. personal injury

was caused to residing at by accident arising out of and in the course of his employment in The said injury has resulted in permanent disablement to the said workman of the following nature, namely:-

The said employee's monthly wages are estimated at Rs The employee is over the age of 15 years will reach the age of 15 years on ........................... .

The said employee has, prior to the date of the agreement, received the following payments, namely: --

Rs. ..................................... on ................ Rs. ......................... on ................................

Rs. ..................................... on ............... Rs. ......................... on ...............................

Rs. ..................................... on ............... Rs ......................... on ................................

It is further submitted that the employer of the said employee has agreed to pay, and the said employee has agreed to accept, the sum of Rs. .................... in full settlement of all and every claim under the Code on Social Security, 2020 in receipt of the disablement stated above and all disablement now manifest. It is therefore requested that this memorandum be duly recorded.

Dated ..........................20.......... Signature of employer Witness Witness

Signature or employee

Note- Application to register an agreement can be presented under signature of oneparty: provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled in when the money has actually been paid)

In accordance with the above agreement, I have this day received the sum of Rs................

Dated ...................20.... .

Employee

The money has been paid and this receipt signed in my presence.

Witness

Note- This form may be varied to suit special cases, e.g. injury by occupationaldisease, agreement when employee is under legal disability, etc.

PUNJAB GOVT. GAZ., APRIL 2, 2021

497

(CHTR 12, 1942 SAKA)

FORM XVIII A

[See rule 29(1)]

Memorandum of Agreement

It is hereby submitted that on the ....................day of .................. 20 personal

injury was caused to .......................residing at by accident arising out of said in the course of employment in The said injury has resulted in temporary disablement to the said employee, who is at present in receipt of wages amounting to Rs. per month/no wages.

The said employee's monthly wages prior to the accident are estimated at Rs......

The employee is subject to a legal disability by reason of.

It is further submitted that the employer of the employee has agreed to pay and on behalf of the said employee has agreed to accept half-monthly payments at the rate of Rs.

..............for the period of the said temporary disablement. This agreement is subject to the condition that the amount of the half-monthly payments may be varied in accordance with provisions of the said Act on account of an alteration in the earnings of the said employee during disablement. It is further stipulated that all rights of commutation under Section 7 of the said Act are unaffected by this agreement it is therefore requested that this memorandum be duly recorded.

Dated ................ 20.... .

Signature of employer Witness

Signature of employee

Witness

Note- An application to register and agreement can be presented under the signatureof one party : provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled in when the money has actually been paid).

In accordance with the above agreement, I have this day received the sum of Rs........

Employee

Dated ..................20 .

The money has been paid and this receipt signed in my presence.

Note- This form may be varied to suit special cases, e.g., injury by occupational disease, etc.

PUNJAB GOVT. GAZ., APRIL 2, 2021

498

(CHTR 12, 1942 SAKA)

FORM XVIII-B

[See rule 29(1)]

Memorandum of Agreement

It is hereby submitted that on the ................... day of ............ 20. personal injury was caused to ....................... residing at by accident arising out of and in the course of his employment in ................. The said injury has resulted in death to the said workman.

The said employee's monthly wages are estimated at Rs The employee is over the age of 15 years will reach the age of 15 years on ........................... .

The said employee has, prior to the date of the agreement, received the following payments, namely: --

Rs. ..................... on ................ Rs. ......................... on ................................

Rs.................... on .............................Rs. ..............on ...............................

Rs. ......................on .................. Rs ......................... on ................................

It is further submitted that the employer of the said employee has agreed to pay, and dependent (s) of the said employee has agreed to accept, the sum of Rs in full

settlement of all and every claim under the Code on Social Security, 2020 in receipt of death stated above. It is therefore requested that this memorandum be duly recorded.

Dated ..........................20........ . Signature of employer

Witness

Signature or dependant(s)

Receipt (to be filled in when the money has actually been paid)

In accordance with the above agreement, I have this day received the sum of Rs...................

Dated ................... 20.... .

Dependant(s)

The money has been paid and this receipt signed in my presence.

Witness PUNJAB GOVT. GAZ., APRIL 2, 2021

499

(CHTR 12, 1942 SAKA)

FORM XIX

[See rule 29(2)

Whereas an agreement to pay compensation is said to have been reached between

................... and ...................... and whereas has/have applied for registration of the

agreement under Section 89 of the Code of Social Security, 2020 notice is hereby

given that said agreement will be taken into consideration on ....................... 20 and

that any objections to the registration of the said agreement should be made on that

date. In the absence of valid objections it is my intention to proceed to the registration

of the agreement.

Dated

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

.........

Competent Authority 500

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XX

[See rule 29(5)]

S.No. Date of Date of Employer Employee Initial of Reference

agreement registration Competent to orders

Authority rectifying the

501

(CHTR 12, 1942 SAKA)

FORM XXI

[(See rule 39(1)(a)]

REGISTER OF WOMEN EMPLOYEES

Name of establishment

1. Serial Number.

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

3. Date of appointment.

4. Nature of work.

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

Month No. of days No. of days laid No. of days not Remark

employed Off employed

a b c d e

6. Date on which the woman gives notice under section 62.

7. Date of discharge/dismissal, if any.

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

9. Date of birth of child.

10. Date of production of proof of delivery/miscarriage/Medical Termination of pregnancy/ tubectomy operation/death / adoption of child.

11. Date of production of proof of illness referred to in section 65.

12. Date with the amount of maternity benefit paid in advance of expected delivery.

13. Date with the amount of subsequent payment of maternity benefit.

14. Date with the amount of bonus, if paid, under section 64.

15. Date with the amount of wages paid on account of leave under section 65(1) & 65(3).

16. Date with the amount of wages paid on account of leave under section 65(2) and period of leave granted.

17. Name of the person nominated by the woman under section 62.

18. If the woman dies, the date of her death, the name of the person to whom maternity benefits and/or other amount was paid, the amount thereof, and the date of payment.

19. If the woman dies and the child survives, the name of the person to whom the amount of maternity benefit was paid on behalf of the child and the period for which it was paid.

20. Signature of the employer of the establishment authenticating the entries in the register of women employees.

21. Remarks column for the use of the Inspector-cum-Facilitator.

502

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

FORM XXII

[(See rule 39(3)]

Unified Annual Return

A. General Part:

(a) Name of the establishment

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

Address of the establishment:

House No./Flat No. …………………………….Street No./Plot No ………………………

Town………………….District…………………….State…………pin code….......……

(b) Name of the employer ...................................................................................

Address of the employer:

House No./Flat No. ………….Street No./Plot No. ……………………………….......

Town………………….District………….State……………………….pin code……….. E-mail ID………………Telephone Number……………..Mobile number..........……

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

Address:

House No./Flat No………………………….Street No./Plot No……..……….......

Town………….District…………………….State………………….Pin code…........……. E-mail ID……………Telephone Number………………..Mobile number…..................

B. Employer's Registration/Licence number under the Codes mentioned in column (2) of the table below:

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

S.No. Name Registration If yes (Registration No.) 1 2 3 4

01. The Code on Occupational Safet

Health and working

02 The Code on Social Security

2020.

03 Any other Law for the time being

in force.

3. C. Details of Employer, Contractor and Contract Labour:

01. Name of the employer in the case of a contractor's establishment.

02. Date of commencement of the establishment.

03. Number of Contractors engaged in the establishment during the year.

PUNJAB GOVT. GAZ., APRIL 2, 2021

503

(CHTR 12, 1942 SAKA)

04. Total Number of days during the year on which Contract Labour was emp

05. Total number of man-days worked by Contract Labour during the year.

06. Name of the Manager or Agent (in case of mines).

07. Address House No./Flat No. Street/Plot No. Town

District State Pin Code

E-mail ID Telephone Number Moblie Number

D. Working hours and weekly rest day:

1. Number of days worked during the year.

2. Number of mandays worked during the year.

3. Daily hours of work.

4. Weekly day of rest.

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

Sl. No. Males Females Adolescents (between the Children (below 14 Total

age of 14 to 18 years.) years of age.)

F. Wage rates (Category Wise):

Category Rates of No. of workers

Wages Regular Contract

Male Female Children Adolescent Male Female Children Adolescent Highly

Skilled

Semiskilled

Unskilled

G. (a) Details of Payments:

Gross wages paid Deductions Net wages paid

In cash In kind Fines Deductions for damage or loss Others In cash In kind 504

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

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

Sl. No. During the year Number of workers Granted leave with wages

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

Sl. No. Nature of various welfare amenities provided Statutory (specify the statute)

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

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

01 Date of opening of establishment

02 Date of closing, if close

03 Name of Medical Officer

03(i) Qualification of Medical Officer

03(ii) Is Medical Officer at (the mines or circus) ?

03(iii) If a part time, how often does he/she pay visit to establishment ?

03(iv) Is there any Hospital?

03(v) If so, how many beds are provided?

03(vi) Is there a lady Doctor?

03(vii) If so, what is her qualification?

03(viii) Is there a qualified mid-wife?

03(ix) Has any crèche been provided?

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

01 Total number of female employees in the establishment

02 Total number days of leave granted

03 Number of employees granted maternity leave/benefited by ESI

Declaration

It is to certify that the above information is true and correct and also I certify that I have complied with the all provisions of Labour Laws applicable to my establishment.

Sign. Here Place

Date PUNJAB GOVT. GAZ., APRIL 2, 2021

505

(CHTR 12, 1942 SAKA)

FORM XXIII

Part I

[See rule 40 (1)]

Notice to the Employer who committed an offence for the first time for compounding of offence under subsection (1) of section 138 of the Code on Social Security, 2020

Notice No…………… Date:

To,

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

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

This is to inform you that your establishment M/s..........................................................

was inspected by Inspector-cum-Facilitator on Dt: ........................at........... On the basis of records and documents produced before me, the undersigned has reasons to believe that you, being the employer of the establishment M/s. (Registration No…), have committed offence for the violation of provision of the Code on Social Security 2020 or the Schemes or the Rules or the Regulations framed there under as per the details given below:

1. Name of the Person:

2. Name and Address of the

Establishment:

3. Registration No of the

Establishment:

4. Particulars of the offence:

5. Provisions of the

Code/Scheme/Rules/Regulations

under which the offence i

committed:

6. Compounding amount required

to be paid towards composition

of the offence

7. Name and Details of Account

for depositing the Amount

specified in Column 506

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

PART –II

In view of the above, and as per provisions of sub-section (1) of Section 138 read with Sub-Rule (1) of Rule 28you have an option to pay the above-mentioned amount within fifteen days from the date of issue of this notice and return the application duly filled in Part – III of this notice. The compounding amount mentioned in Column 6 of Part 1 of this notice can be deposited in the account mentioned in column 7 of Part 1 of this notice through treasury challan or electronically on the designated web portal of the Government of Punjab as the case may be. In case the said amount is not paid within the specified time, necessary action for filing of prosecution shall be initiated without giving any further opportunity in this regard.

(Signature of the Compounding Officer) PUNJAB GOVT. GAZ., APRIL 2, 2021

507

(CHTR 12, 1942 SAKA)

Part III

Form XXIII

[See rule-40(2)]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 138 FOR

COMPOUNDING OF OFFENCE

To,

Compounding Officer,

……………………..

……………………

Kindly refer to your notice no. ……………….. dated I/wehereby applying for composition of Offence. I have deposited Rs…………../- astheamount of Composition by depositing through Treasury Challan in the account as per column 7 of Part 1 of the notice No..............

Dated: or electronically on the designated web portal of the Government of Punjab.

Kindly accept my application and close the proceeding under the Code.

Dated:

Enclosure: The Treasury Challan/Payment receipt of electronic Payment.

(Signature)

Name of the Applicant

(1) Name of the establishment:……………………………….

(2) Address of Establishment :……………………………….

Part IV

Form XXIII

Composition Certificate

[See rule 40 (3)]

Ref:

Notice No…………..

Date:

This is to certify that the offence under section........of the Code and Rule. i n respect of which

Notice No. Dated: was issued to Sh…………. (Applicant), the employer of M/s.......

……………. (name and Registration Number of establishment) has been compounded on account of remission of full amount of Rs (Rupees ) towards the composition of offences to the satisfaction of the said Notice.

(Signature) Name and

Designation of the Officer

Date:

Place:

PUNJAB GOVT. GAZ., APRIL 2, 2021

508

(CHTR 12, 1942 SAKA)

FORM XXIV

[See rule 41(3)(b)]

Form for Reporting Vacancies to Career Centres

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

1 Particulars of the employer:

Name:

Address with pin code:

Telephone No. :

Mobile No.:

Email address :

Name & Type of Establishment

(Central Government, State Government, PSU,

Autonomous, Private, etc)

Registration No of establishment under Code:

Economic activity details:

2. Particulars of the indenting Officer: Name: Designation:

Telephone No. : Mobile No.:

Email address :

3. Particulars of vacancy(ies):

(a) Designation/nomenclature of the vacancy(ies) to be filled

(b) Description of duties of the post (job role/functional role)

Preferable (i) Educational Qualifications

(ii) Technical Qualifications

(iii) Skills

(iv) Experience

(d) Age Limits, if any

( Age as on last date of application)

(e) Preferences (such as Ex-servicemen, persons with

disabilities, women, etc) if any

(f) duration of employment

(i) 3-6 months

Number of posts

(ii) 6-12 months

(iii) 12 months and more 509

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

4. Whether there is any obligation for arrangement for giving reservation/ preference to any category of persons such as Scheduled Caste(SC), Scheduled Tribe(ST), Economically Weaker Sections(EWS), Other Backward Classes(OBC), Ex- serviceman and persons with disabilities (pwd) , etc, in filling up the vacancies: Yes/ No (if yes, give the number of vacancies to be filled by such categories of persons as detailed below)

5. Category Number of vacancies to be filled

(a) Scheduled Caste Total *By Priority

(b) Scheduled Tribe

candidates

*(Applicable for (d) EWS

Central

(e) Ex-Serviceman Government

(f) Persons with disabilities (pwd) vacancies)

(g) Women

(h) Others(specify)

6. Pay and Allowances:

For Government vacancies: Mention pay level/pay scale

of the post with basic pay/pay per month with other details

if any

For others: Mention minimum total emoluments per

month with other details, if any.

7. Place of work ( Name of the town/village

8. Mode of Application(email, online, in writing, etc) and

Last date for receipt of applications.

9. Particulars of officer to whom the applications be sent/

candidates should approach

(Mention Name, designation, email id, address , telephone

No., website address in case of online)

10. Mode of Recruitment

{Through Career Centre, Placement Agency , self-

management, any other mode(specify) }

11. Would like to prefer submission of list of eligible candidates

registered with Career Centre Yes/No

12. Any other relevant information

13. Name, address, email id of the Career Centre 510

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

14. Date of receipt of Vacancies

15. NIC Code of the establishment/

16. NCO Code of the post

17. Unique Vacancy ID(number)

Signature, Name& Designation of Authorized

Signatory of Career Centre with seal & date NOTE:

1. Career Centre to which the vacancies are reported, would provide a unique vacancy reporting number for the vacancy reported and convey it to the employer in writing, through email or digitally or through any other such media immediately but in any case not later than 3 working days from the date of receipt of reporting of vacancies.

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

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

PUNJAB GOVT. GAZ., APRIL 2, 2021

511

(CHTR 12, 1942 SAKA)

FORM XXV

[See rule 40(6)]

Form EIR (Employment Information Return)

Yearly Return to be submitted to the Career Centre (Regional) for the Year ended……….

The following information is required to be submitted under the Code on Social Security (Chapter XIII – Employment Information &Monitoring) 2020

Name & Address of the Employer

Whether – Head Office

Branch Office

Type of Establishment (Public /Private Sector)

Nature of business/Principal activity

Establishment Registration No. under the Code

1. (a) EMPLOYMENT

Total number of manpower of establishment including working proprietors/partners// contingent paid and contractual workers, out-sourced workers excluding part-time workers and apprentices. (The figures should include every person whose wage or salary is paid)

Category On the last working day of the On the last working day of

previous Year the Year under report

MEN

WOMEN

Other (Transgender)

TOTAL :

PWD (persons with

out disabilities) of above

total

EIR Continued

2. Number of vacancies* occurred and reported to Career Centre during the year and the number of vacancies filled during the year

Occured Reported Filled Source (Career

Centre/NCS Portal/

Govt. Recruiting

Agencies/ Private

Placement

Organisations/

others) 512

PUNJAB GOVT. GAZ., APRIL 2, 2021

(CHTR 12, 1942 SAKA)

Career Centre Career Centre

(Regional) (Central)

1 2 3 4 5

*As per provisions of Code on Social Security, 2020(Chapter XIII) and Rules made there under, 3. MANPOWER SHORTAGES:

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

Name of the Number of unfilled vacancies/posts

occupation or Skill/ qualifications Essential Desirable

designation of (educational/

the post technical/experience)

prescribed

1 2 3 4

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

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

Occupation Number of employees Please give as far as possible approximate number of vacancies in each occupation you are likely to fill during the next

financial year due to retirement expansion/re-organisation

Description Men Women Others Total PWD (persons

(transgender) with disabilities) out

of total

1 2 3 4 5

Total

* In the column (description) -Use exact terms such as Engineer (Mechanical), Assistant Director (Metallurgist); Research Officer (Economist); Supervisor (Tailoring), Inspector (Sanitary), Superintendent (Office), Manager (Sales), Manager (Accounts), Executive (Marketing), Data Entry Operator so on.

Signature, Name & Designation of

Authorised Signatory of

establishment/ employer with

seal & date PUNJAB GOVT. GAZ., APRIL 2, 2021

513

(CHTR 12, 1942 SAKA)

To The Career Centre, ……………………………..

Note:-

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

2. The main purpose in obtaining the information from employers is to know (i) the vacancies/employment opportunities available; (ii) type of personnel who are in short supply; and (iii) future job opportunities for providing vocational guidance to the jobseekers and connecting them with the employers. This is helpful in ascertaining the skill needs also. Employers too will be able to call on the Career Centres for getting suitable candidates as per their requirements.

VIJAY KUMAR JANJUA

Additional Chief Secretary to Government of Punjab,

Department of Labour.