Andaman & Nicobar Islands Social Security Rules (Draft): full text and citation

अण्डमान तथा निकोबार राजपत्र Andaman And Nicobar Gazette

असाधारण EXTRAORDINARY प्राधिकार से प्रकाशित Published by Authority सं. 32 पोर्ट ब्जेयर, सोमवार, 28 फरवरी, 2022 No. 32, Port Blair, Monday, February 28, 2022 अण्डमान तथा निकोबार प्रशासन ANDAMAN AND NICOBAR ADMINISTRATION सचिवालय / SECRETARIAT

NOTIFICATION

Port Blair, dated the 28th February, 2022. No. 29/2022/F. No. GenSec./11/Code-Wages/LC-2021/208.—In exercise of the powers conferred by Sections 154 & 156 of the Code on Social Security, 2020 (Central Act No.36 of 2020) read with Sub-Section 80 (b) of Section 2 thereof, the Lieutenant Governor, (Administrator), Andaman and Nicobar Islands, hereby proposes to make following rules to carry out the provisions of the said Code. Accordingly, as mandated under Sub-section (1) of Section 154, Sub-section (1) of Section 156 & clause (a) of Section 158 of the said Code, the Draft Rules is hereby published for inviting objections and suggestions thereupon from the persons to be affected thereby. Any objections or suggestions should reach within a period of 45 days from the date of the draft publication to the office of the Labour Commissioner, Labour Department, Andaman and Nicobar Administration, Supply Line, Port Blair-744101, email- lcdet@and.nic.in .

DRAFT RULES

CHAPTER - I

PRELIMINARY

1. Title and commencement:— (1) These rules may be called the Code on Social Security (A & N Islands) Rules, 2022.
(2) They extend to the whole of UT of Andaman Nicobar Islands.
(3) They shall come into force after the date of their final publication in the Official Gazette.
1. Definitions:— (1) In these rules, unless the subject or context otherwise requires,—
(a) "Board" means the Andaman and Nicobar Islands Unorganized Workers Social Security Board or the Andaman and Nicobar Islands Building and Other Construction Workers Welfare Board, as the case may be;
(b) “Chairperson” means the Chairperson of the Andaman and Nicobar Islands Unorganized Workers Social Security Board or the Andaman and Nicobar Islands State Building Workers Welfare Board, as the case may be;
(c) “Code” means the Code on Social Security, 2020 (Central Act 36 of 2020);
(d) “Form” means a Form appended to these rules;
(e) “Administration” means the Andaman & Nicobar Administration;

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(f) “Scheduled Bank” means a Bank included in the Second Schedule of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934); and
(g) “Section” means a Section of the Code.
(2) All the other words and expressions used herein but not defined, and defined in the Code, shall have the same meaning as respectively assigned to them in the Code.

CHAPTER - II

Social Security Organisations

3. Constitution of the Andaman and Nicobar Islands Unorganised Workers’ Social Security Board:—
(1) The Andaman & Nicobar Islands Unorganised Workers' Social Security Board shall be constituted under Sub- section (9) of Section 6 of the Code by Notification in the Official Gazette to exercise the powers conferred on, and to perform the functions assigned to it under this Code.
(2) In nominating the members under clause (d) of Sub-section (10) of Section 6 of the Code, the Andaman and Nicobar Administration shall consider the nominations from the unorganised workers, employers of unorganised workers and eminent persons from civil society.
1. Constitution of the Andaman & Nicobar Islands Building and other Construction Workers’ Welfare Board :— (1) The Andaman & Nicobar Islands Building and other Construction Workers’ Welfare Board shall be constituted by Notification in the Official Gazette under Sub- section 7 of the Code to exercise the power conferred on and perform the function assigned to it under Section 7 and Chapter VIII of the Code.
1. Term of office of nominated member:— A nominated member of the Board other than ex-officio member, shall subject to the pleasure of the Andaman & Nicobar Administration, hold office for a period not exceeding three years from the date of his nomination or till the reconstitution of the Board whichever is earlier.
1. Reconstitution of the Board:— (1) The Andaman & Nicobar Administration shall initiate the process for reconstitution of the Board, six months prior to the expiry of the term of the Board.
(2) If the new Board is not re-constituted after completion of the term of the Board, such arrangements may be made for discharging the function of the Board as may be decided by the Andaman & Nicobar Administration for the period till the new Board is constituted, through a Notification.
(3) Consequent upon institution of such arrangement, all actions taken shall have the same effect as, if it has been carried out by the Board itself.
1. Procedure for meetings of the Board:— (1) Subject to any rules that may be made by the Central Government in this regard, the Board shall meet at least once in four months or earlier as may be necessary at such place as may be determined by the Chairperson.
(2) Members of the Board shall be given seven clear days notice of the meeting specifying the date, time and place of the meeting and business to be transacted thereat: Provided that, seven days notice shall not be necessary, where in the opinion of Chairperson, business of an emergent nature has to be transacted.
(3)(a) The quorum for the meeting shall be one third of the total members, having the presence of at least one member each representing the Andaman & Nicobar Administration, employers and the workers.
(b) If there is no quorum as laid down in sub-rule 3(a) above, the Chairperson shall after waiting for thirty minutes after the expiration of the appointed hour, adjourn the meeting to such hour on some other future day as he may deem fit. A notice

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of such adjourned meeting shall be sent to every member of the Board and the business which would have been brought before the original meeting, had there been a quorum there at shall be brought before the adjourned meeting and may be disposed of at such meeting, whether the required quorum is there or not.
(c) All matters coming before the meeting of the Board shall be decided by majority of the members present and voting shall be held only, if required at the meeting. In case of equality of votes, the Chairperson shall have the casting vote.
(d) Votes shall be taken by show of hands and the names of persons voting in favour and against any proposition shall be recorded only, if any member requests the Chairperson to do so.
(e) The Board shall keep minutes of the proceedings of each meeting of the Board, and shall include therein the names of the members present.
(f) A copy of such minutes shall be submitted by the Board to the Andaman & Nicobar Administration as soon as they are confirmed by the Board.
(4) The Chairperson shall preside over every meeting of the Board in which he is present and in his absence the Vice Chairperson shall preside over such meeting in his place with the consent of the Chairperson.
1. Allowance of members:— (1) The Travelling Allowance of an official member of the Board shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.
(2) The non-official members of the Board shall be entitled to the payment of travelling and daily allowance as prescribed by the A & N Building & Other Construction Workers Welfare Board.
1. Resignations and manner of filling vacancies:— (a) Any member of the Board may at any time resign by writing under his hand addressed to the Andaman & Nicobar Administration and his seat shall become vacant on acceptance of resignation.
(b) In the event of any vacancy occurring on account of death, resignation, disqualification or removal or otherwise, the Board shall forthwith communicate the occurrence to the Andaman & Nicobar Administration, and the vacancy shall be filled in not later than ninety days from the date of occurrence of the vacancy. The Chairperson or member so nominated shall hold the office for the remainder of the term of office of the Chairperson or Member, as the case may be, in whose place he is nominated.
(c) If a Member changes his address, he shall notify his new address to the Chief Executive Officer or Member Secretary as the case may be, who shall thereupon enter his new address in the official record: Provided that, if a Member fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member's correct address.
1. Terms and conditions of service of Officers and Employees of the Board:—
(1) The terms and conditions of service, salaries and allowances of the Secretary, Member Secretary, other officers and employees of the Board shall be as follows, namely:-
(i) The Chief Executive Officer shall be an officer from the Central Services Group–'A';
(ii) The Other officers and employees shall be determined by the A & N Building & Other Construction Workers Welfare Board;

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(2) The Chief Executive Officer or the Member Secretary, as the case may be, of the respective Board shall have the power to conduct the day to day Administration of the Board subject to the provisions of the Code, Rules and directions.
(4) The Chief Executive Officer or Member Secretary of the Board shall be the Head of the Department in so far as the affairs of the Board are concerned and the Chief Executive Officer shall have powers of administrative approval of Heads of Department and the Member Secretary shall have powers of administrative approval as determined by the Finance Department of A & N Administration from time to time.
(5) The official place of business of the Board shall be at Port Blair.
(7) The Board shall be responsible for executing its projects and schemes.

CHAPTER - III

GRATUITY

11. Payment of Gratuity :— The competent authority shall invest the Gratuity amount for the benefit of minor under the third proviso to Sub-section (1) of Section 53 of the Code, in term deposit with the State Bank of India or any Nationalised Bank.
(i) who is already in employment on the date of commencement of these rules, ordinarily, within ninety days from such date; or
(ii) who completes one year, after the date of commencement of these rules, ordinarily, within thirty days of the completion of one year:
(2) Within thirty days of the receipt of a nomination in Form-I under sub-rule (1), the employer shall get the service particulars of the employer, 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-I duly attested by him or his authorized representative and the other copy shall be maintained in the establishment.
(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 of the Code in duplicate in Form-I to the Employer, and thereafter the provisions of sub-rule (2), shall apply mutatis mutandis as if it was made under sub-rule (1).

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(4) A notice of modification of a nomination, including cases where a nominee predeceases an employee, shall be submitted in duplicate in Form-I to the employer in the manner prescribed in Sub-rule (1) and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as, if it were made under sub-rule (1).
(5) A nomination or a fresh nomination or a notice of modification of nomination shall be signed by the employee, or, if illiterate, shall bear his thumb impression, in the presence of two witnesses, who shall also sign a declaration to that effect in the nomination, fresh nomination or notice of modification of nomination, as the case may be.
1. Determination of Amount of Gratuity :— (1) An employee or nominee, as the case may be, who is eligible to receive gratuity under the Code or any person authorised, in writing, to act on their behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-II either electronically or by registered post acknowledgement due or in person to the employer: Provided that where the date of superannuation or retirement is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement :
(2) A legal heir of an employee who is eligible for payment of gratuity under the third proviso to Sub-section (1) of Section 53 of the Code shall apply ordinarily within one year from the date, the gratuity became payable to him in Form–II to the employer.
(3) 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 the 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 of the area for his decision.
(4) Within fifteen days of the receipt of an application under sub-rule (1) for payment of gratuity, the employer shall,—
(i) if the claim is found admissible on verification, issue a notice in Form- III to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or
(ii) if the claim for gratuity is not found admissible, issue a notice in Form- III 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.
(5) In case of payment of gratuity is due to be made in the employer's office, the date fixed for the purpose in the notice in Form-III under sub- clause (i) of sub- rule (4) shall be re-fixed by the employer, if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.

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(7) A notice under Sub -section (2) of Section 56 of the Code in Form-III shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgement due or electronically.
(8) The gratuity payable under the Code shall be paid through Demand Draft or by crediting in the bank account of the eligible employee, nominee or legal heir, as the case may be: Provided that intimation about the details of payment shall also be given by the employer to the competent authority of the area.
1. Application to competent authority for direction under clause (b) of Sub-section (5) of Section 56:—
(1) If an employer, —
(i) refuses to accept a nomination under rule 13, or
(ii) issues a notice under clause (i) of sub-rule (4) of rule 13 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
(iii) having received an application under rule 13 fails to issue notice as required under clause (i) of sub-rule (4) of rule 13 within the time specified therein, the claimant employee, nominee or legal heir, as the case may be, shall within one hundred eighty days of the occurrence of the cause for the application, apply in Form-IV 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:
(2) Application under sub-rule (1) and other documents relevant to such an application shall be presented in person to the competent authority or shall be sent by registered post acknowledgement due or electronically.
(2) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the competent authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act. The competent authority shall record thereon an order either according his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons for the refusal.
(4) After completion of hearing on the date fixed under sub-rule (1) or after such further evidence, examination of documents, witnesses, hearing and inquiry, as may be deemed necessary, the competent authority shall record his finding as to whether any amount is payable to the applicant under the Code. A copy of the finding shall be given to each of the parties.

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Provided that, an order under 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.

(6) 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) The competent authority shall authorise a clerk of his office to administer oaths for the purpose of making affidavits.
(11) The competent authority shall record the particulars of each case under Section 56 of the Code and at the time of passing orders shall sign and date the particulars so recorded.
(13) Any record, other than a record of any order or direction, which is required by these rules to be signed by the competent authority, may be signed on behalf of and under the direction of the competent authority by any subordinate officer appointed in writing for this purpose by the competent authority.
(15) 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.
(18) On receipt of the copy of Memorandum of appeal, the competent authority shall forward records of the case to the appellate authority.
(20) 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.
(21) 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.
(22) 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-VI specifying the modified amount payable and directing payment thereof to the applicant, under intimation to the competent authority within fifteen days of the receipt of the notice by the employer. A copy of the notice be endorsed to the appellant employee, nominee or legal heir, as the case may be and to the appellate authority.
(23) Where an employer fails to pay the gratuity due under the Code in accordance with the notice by the competent authority under sub-rule (14), 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 -VII for recovery thereof under Section 129 of the Code.
1. Competent Authority and Appellate Authority :— (1) The Andaman & Nicobar Administration by Notification appoint any officer not below the rank of Assistant Labour Commissioner of the Labour Department to be the Competent Authority for implementation of any provision of Chapter V of the Code.
(3) 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.
(4) 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.
(5) There shall be appended to the Memorandum of appeal a certified copy of the finding of the competent authority and direction for payment of gratuity.
(6) On receipt of the copy of Memorandum of appeal, the competent authority shall forward records of the case to the appellate authority.
(7) 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.
(8) 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.
(9) 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.

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CHAPTER -IV

MATERNITY BENEFIT

EMPLOYEE'S COMPENSATION

1. Amount towards funeral expenses, if the injury results in death of the employee :- The Employer shall deposit a sum not less than rupees twenty five thousand with the competent Authority towards the expenditure of the funeral of the deceased employee which shall be paid to the eldest of the surviving dependant or where the employee did not have a dependant or was not living with his dependant at the time of his death, to a person who actually incurred such expenditure: Provided that, the Andaman & Nicobar Administration may, by Notification from time to time, enhance the amount specified above.
(a) by the employer, on the ground that's since the right to compensation was determined the workman's wages have increased;
(b) by the workman, on the ground that since the right to compensation was determined his wages have diminished;
(c) by the workman, on the ground that the employer having commenced to pay compensation, has ceased to pay the same, notwithstanding the fact that there has been no changed in the workman's condition such as to warrant such cessation;
(e) either by the employer or by the workman, on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means; and
(f) either by the employer or by the workman, on the ground that the determination of compensation, there is a mistake or error apparent on the face of the record.
1. Notice book :— A notice book in Form VIII shall be maintained in all establishment where in 500 workmen or more are employed as required under Sub-section (4) of Section 82 of the Code.
1. Form of memorandum :— (1) Memorandum of Agreement sent to the Competent Authority under Sub-section (1) of Section 89 of the Code shall be in duplicate and shall be in as close conformity as the circumstances of the case admit with Form XA, XB, XC, as the case may be.
(2) The Register of Memorandum shall be in Form XD.

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1. Qualifications :— Subject to the provisions of the Section 91 of the Code, the Andaman & Nicobar Administration may by Notification appoint any Assistant Labour Commissioner of the Labour Department or who has been notified as a Conciliation Officer under Section 43 of the Industrial Relations Code, 2020 (Central Act No.35 of 2020) to be the Competent Authority for such area as it thinks fit for the purpose of this Code.
1. Procedure of Competent Authority :- Save as otherwise provided in these rules, procedure to be followed by Competent Authority in the disposal of cases under the Code or these rules and by the parties in such cases shall be regulated in the following manner, namely:-
(1) Applications :—
(i) Any application of the nature referred to in Section 93 of the Code may be sent to the Competent Authority by registered post or may be presented to him or to any of his subordinates authorised by him in this behalf and if so sent or presented, shall, unless the Competent Authority otherwise directs, be made in duplicate in Form XIA or XIB as the case may be and shall be signed by the applicant.
(ii) There shall be appended to every such application a certificate, which shall be signed by the applicant to the effect that the statement of facts contained in the application is to the best of his knowledge and belief accurate.
(3) Application presented to wrong Competent Authority :—
(i) 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 the designation of the Competent Authority to whom it should be presented.
(ii) If it appears to the 'Competent Authority' at any subsequent stage that an application should have been presented to another Competent Authority, he shall send the application to the Competent Authority empowered to deal with it and shall inform the applicant and the opposite party, if he has received a copy of the application under sub-rule(8) accordingly.
(4) Examination of applicant :—
(ii) The substance of any examination made under sub-clause (i) shall be recorded, in the manner provided for the recording of evidence in Section 97 of the Code.
(7) Notice to opposite party :- If the Competent Authority does not dismiss the application under sub rule (5) or (6), he shall send to the party from whom the applicant claims relief (hereinafter referred to as the opposite party) a copy of the application, together with a notice of the date on which he will dispose of the application and may call upon the parties to produce on that date any evidence which they may wish to render.
(8) Appearance and examination of opposite party :-
(i) The opposite party may, and if so, required by the Competent Authority, shall at of before the first hearing or within such time as the Competent Authority may permit, file a written statement dealing with claim raised in the application, an any such written statement shall form part of the record.
(ii) If the opposite party contests the claim, the Competent Authority may, and, if no written statement has been filed, shall, proceed to examine him upon the claim and shall reduce the result of the examination to writing.
(9) Framing of Issues :—
(i) After considering any written Statement and the result of any examination of the parties, the Competent Authority shall ascertain upon what material propositions of fact or law the parties are at variance, and shall thereupon proceed to frame and record the issues upon which the right decision of the case appears to him to depend.
(ii) In recording the issues, the Competent Authority shall distinguish between those issues which in his opinion concern points of fact and those which concern points of law.
(10) Power to postpone trial of issues of fact where issues of law arise:— When issues both of law and of fact arise in the same case, and the Competent Authority is of opinion that the case may be disposed of on the issues of law only, he may try those issues first, and for that purpose may, if he thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.
(11) Diary :— The Competent Authority shall maintain under his hand a brief diary of the proceedings on an application.
(12) Reasons for postponement to be recorded:— if the Competent Authority finds it impossible to dispose of an application at one hearing, he shall record the reasons which necessitate a postponement.
(13) Judgment :—
(i) The Competent Authority, in passing orders, shall record concisely in a judgment his finding on each of the issues framed and his reasons for such findings.
(ii) The Competent Authority, at the time of signing and dating his judgment, shall pronounce his decision, and thereafter no addition or alteration shall be made to the judgment other than the correction of clerical or arithmetical mistake arising from any accidental slip.

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(14) Summoning of witnesses :— If an application is presented by any party to the proceedings for the citation of witnesses the Competent Authority shall, on payment of the prescribed expenses and issue summons for the appearance of such witnesses unless he considers that their appearance is not necessary for the just decision of the case.
(15) Exemption from payment of costs:— If the Competent Authority is satisfied that the applicant is unable, by reason of poverty, to pay the specified fees, he may remit any or all of such fees.
(16) If the case is decided in favour of the applicant the specified fees which, had they not been remitted, would have been due to be paid, may be added to the cost of the case and recovered in such manner as the Competent Authority in his order regarding costs may direct.
(17) Right of entry for local inspection:— The Competent Authority before whom any proceeding relating to an injury by accident is pending may at any time for the purpose of making a local examination enter the place where workman was injured, or where the workman ordinarily performed his work, or for examining any persons likely to be able to give information relevant to the proceedings: Provided that, the Competent Authority shall not enter any premises of any industrial establishment except during the ordinary working hours of that establishment, save with the permission of the employer or of some person directly responsible to him for the management of the establishment.
(18) Procedure in connection with Local Inspection :-
(l) If the Competent Authority proposes to conduct a local inspection with a view to examining on the spot the circumstances in which an accident took place he shall give the parties or their representatives notice of his intention to conduct such inspection, unless in his opinion the urgency of the case renders the giving of such notice impracticable.
(ii) Such notice may be given orally or in writing and in the case of an employer, may be given to any person upon whom notice of a claim can be served under Sub-section (3) of Section 82 of the Code or to the representatives of any such person.
(iii) Any party or the representative of any party, may accompany the Competent Authority at a local inspection.
(iv) The Competent Authority after making a local inspection, shall note briefly in a memorandum any facts observed, and shall show the memorandum to any party who desires to see the same, and on payment of the prescribed fee shall supply any party with a copy thereof.
(v) The memorandum shall form part of the record.
(19) Power of summary examination :—
(i) The Competent Authority during a local inspection or at any other time, save at a formal hearing of a case pending before him, may examine summarily any person likely to be able to give information relative to such case whether such person has been or is to be called as a witness in the case or not, and whether any or all the parties are present or not.
(ii) No oath shall be administered to a person examined under sub-clause (i).
(iii) Statements made by person examined under sub-clause (i) if reduced to writing, shall not be signed by the person making the statement, nor shall they except as hereinafter provided, be incorporated in the record or utilized by the Competent Authority for the purpose of arriving at a decision in the case.
(iv) If a witness who has been examined under sub- clause (i) makes in evidence any material statement contradicting any statement made by him in such examination and reduce to writing, the Competent Authority may call his attention to such statement, and shall in that case direct that the parties be furnished with the relevant part of such statement, for the purpose of examining or cross-examining the witnesses.
(v) Any statement or part of statement which is furnished to the parties under clause (iv) shall be incorporated in the record.
(vi) Where a case is settled by agreement between the parties the Competent Authority may incorporate in the record any statement made under sub-clause (i) and may utilise such

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statement for the purpose of justifying his statement or refusal to accept, the agreement reached.

(20) Procedure where indemnity is claimed under Section 85 (2):—
(i) Where the opposite party claims that, if compensation is recovered against him, he will be entitled under Sub-section (2) of Section 85 to be indemnified by a person not being a party to the case, he shall when first called upon to answer the application present a notice of such claim to the Competent Authority accompanied by the prescribed fee and the Competent Authority shall thereupon issue notice to such person in Form XILA.
(ii) If any person served with a notice under sub-clause(i) desires to contest the applicant's claim for compensation or the opposite party's claim to be indemnified, he shall appear before the Competent Authority on the date fixed for the hearing of the case or on any date to which the case may be adjourned and if he so appears, shall have all the rights of a party to the proceedings in default of so appearing he shall be deemed to admit the validity of any award made against the opposite party and to admit his own liability to indemnify the opposite party for any compensation recovered from him: Provided that, if any person so served appears subsequently satisfies the Competent Authority that he was prevented by any sufficient cause from appearing, the Competent Authority shall after giving notice to the aforesaid opposite party, hear such person and may set aside or vary any award made against such person under this rule upon such terms as may be just.
(iii) If or not he desires any person to contest served the with applicant’s a notice under claim sub-clause(i) for compensation whether or the opposite party’s claim to be indemnified, claims that being a contractor he is himself a principal and is entitled to be indemnified by a person standing to him in the relation of a contractor from whom the workman could have recovered compensation, he shall on or before the date fixed in the notice under sub-clause(i) present a notice of such claim to the Competent Authority accompanied by the prescribed fee and the Competent Authority shall thereupon issue notice to such person in Form XII B.
(iv) If any person served with a notice under sub-clause (iii) desires to contest the applicant's claim for compensation, or the claim under sub- clause (ii) to be indemnified he shall appear before the Competent Authority on the date fixed in the notice in Form XII B on or any date to which the case may be adjourned and if he so appears shall have all the rights of a party to the proceedings in default of so appearing, he shall be deemed to admit the validity of any award made against the original opposite party or the person served with a notice under sub-clause (i) and to admit his own liability to indemnify the party against whom such award is made for any compensation recovered from him:

Provided that he, if any person so served appears subsequently and satisfies the Competent Authority that he was prevented by any sufficient cause from appearing, the Competent Authority shall, after giving notice to all parties on the record, hear such person and may set aside or vary any award made against such person under this rule upon such terms as may be just.

(v) In any proceeding in which a notice has been served on any person under sub-clause (i) or sub-clause (iii), the Competent Authority shall, if he awards compensation, record in his judgment a finding in respect of each of such persons whether he is or is not liable to indemnify any of the opposite parties and shall specify the party, if any, whom he is liable to indemnify.
(21) Procedure in connected cases :—
(i) Where two or more cases pending before a Competent Authority arise out of the same accident, and any issue involved is common to two or more such cases, such cases may so far as the evidence bearing on such issues is concerned, be heard simultaneously.
(ii) Where action is taken under sub- clause (i), the evidence bearing on the common issue or issues shall be recorded on the record of one case and the Competent Authority shall certify
(22) Certain provisions of Civil Procedure Code, 1908 (Central Act No. 5 of 1908) to apply. Save as otherwise expressly provided in the Code or these rules, the following provisions of the First Schedule to the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), namely, those contained in Order V, Rule 9 to 30; Order VII, Rules 9 to 18; Order IX; Order XIII; Order XVI; Order XVII and Order XXIII, Rules 1 to 3; shall apply to proceedings before Competent Authority, in so far as they may be applicable thereto:
(a) for the purpose of facilitating the application of the said provisions, the Competent Authority may construe them with such alterations not affecting the substance as may be necessary or proper to adopt them to the matter before him;
(b) the Competent Authority may, for sufficient reasons proceed otherwise than in accordance with the said provisions, if he is satisfied that the interests of the parties will not thereby be prejudiced.
(23) Any form other than a receipt for compensation which is by these rules required to the signed by a Competent Authority may be signed under his direction and on his behalf by any officer subordinate to him appointed by him in writing for this purpose.
(24) Apportionment of compensation among dependants:— The provisions of this part, except those contained in sub-rule (8), (9) and (20) shall, as far as may be, apply in the case of any proceedings relating to the apportionment of compensation among dependants of a deceased workman.
(25) Every application made to the Competent Authority under Section 93 of the Code shall be disposed off by the Competent within six months from the date it is presented to the Competent Authority:

CHAPTER- VI

CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS

1. Time limit for Payment of Cess :- The date of payment of cess shall be the date on which the amount is deposited with the Cess Collector or the date of deduction at the source or the date on which the amount has been deposited with local authority.
(2) The fee so collected shall be deposited by the Appellate Authority to the Board.

FINANCE AND ACCOUNTS

1. Accounts :— (1) The income and expenditure of the Social Security Organisation shall be maintained in such forms and registers as determined by the laid down norms.
(2) Approval of the Budget. - The budget estimates for every financial year shall be prepared and laid before the Board on or before the 31st day of January of the previous financial year and after it is

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approved by the Board the same shall be forwarded to the Secretary (Labour), Andaman & Nicobar Administration for approval on or before the 10th February. The Secretary (Labour), Andaman & Nicobar Administration shall approve the Budget before the 28th February, after making such amendments and alterations as it considers necessary.

(3) The budget amended or altered and approved shall constitute the budget of the Board for the financial year and shall be issued under the seal of the Board and signed by the officer or officers of the Board duly authorized in this behalf.
(4) An authenticated copy of the approved budget shall be forwarded to the Andaman & Nicobar Administration before the 15th of March.
(5) The Board shall submit to the Andaman & Nicobar Administration and Central Government as soon as may be after the 1st of April every year and not later than 31st day of October an Annual Report in Form XIII on the working of the Board during the preceding year ending on 31st March of the year along with audited copy of Accounts together with an Auditor's Report.
(6) The Boards may from time to time invest any moneys vested in it which are not immediately required for expenses of the Board in any Nationalised Bank, Scheduled Banks as the Board thinks it fit and proper.
(7) The Boards may open such accounts in the name of the Chief Executive Officer or Member Secretary as the case may be, necessary for receipt of fees, subscription amount, cess or any other source of income to the Boards and Administrative account as the case may be.
(6) All accounts of the Board shall be held in the name of the Chief Executive Officer or Member Secretary, as the case may be and he shall be the drawing and disbursing officer.
(9) All expenses for the Administration of the Fund, Fees and Allowances of the Members of the Board, salaries, leave salaries, joining time pay, travelling allowance, compensatory allowance, charge allowances, pension contribution and other benefits of personal expenses for the legitimate needs of the Board and the stationery expenses shall be met from administrative account of the Board.
1. Holding of Property etc., by Social Security Organisation :— The conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under Sub-section (1) conditions to invest money, re-invest or realise investments under Sub-section (2) terms to raise loans and take measures for discharging such loans under Sub-section (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under Sub-section (4) of Section 120 of the Code shall be as decided by the Board by a resolution approved by not less than 2/3 majority.

CHAPTER –VIII

AUTHORITIES ASSESSMENT, COMPLIANCE AND RECOVERY

1. Register of Women Employees:— (1) The employer of every establishment in which women are employed shall prepare and maintain a register of women employees in Form XIV electronically or in hard copy and shall enter therein particulars of all women employees in the establishment.
(2) The register shall always be available for inspection scheme for the Inspector-cum-Facilitator.
(3) The employer may enter in the register of women employees such other particulars as may be required for any other purpose of the Code.
1. Records :— Records kept under the provision Chapter V of the Code and rules framed thereunder shall be preserved for a period of two years from the date their preparation.
1. Annual Returns:— (1) The employer to which the provisions of Chapter V of the Code applies, on or before the last day of February in each year, upload a unified consolidated annual return in Form XV online or Offline on the web portal of the Labour Department. A & N Administration giving information as to particulars specified in respect of the preceding year:

16 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

Provided that, during inspection, the Inspector-cum-Facilitator may require the production of accounts, book, register and other documents maintained in electronic form or otherwise. Explanation :— For the purpose 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).

(2) If the employer to which the Code applies sells, abandons or discontinues the working of the establishment, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online/ offline on the web portal of the Labour Department, a further unified return in Form XVI referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of sale, abandonment or discontinuance.

CHAPTER –IX

INSPECTION SCHEME

1. Inspection Scheme :— (1) The Andaman & Nicobar Administration may by Notification in the Official Gazette appoint such persons as it thinks fit for such area as may be specified in the Notification for the purpose of implementing all the provisions of the Code other than those contained in Chapter III and IV.
(2) The inspection scheme laid down by the Andaman & Nicobar Administration under Sub- section (2) of Section 122 of the Code shall make provisions for,—
(a) Fixing minimum number of establishments that need to be inspected in a specific month.
(b) Inspection of unregistered establishment which are not covered within the inspection scheme.
(c) Inspection of specific establishment based on the complaint of a substantial number of workmen of the establishment or a Trade Union as the case may be.
(3) The Inspector-cum-Facilitator appointed under the Code may call for any Register or record maintained by the Employer under —
(a) The Industrial Relations Code, 2020 (Central Act 35 of 2020).
(b) The Code on Wages, 2019. (Central Act 29 of 2019).
(c) The Occupational Safety, Health and Working Conditions Code, 2020. (Central Act 37 of 2020).
(d) Any other legislations pertaining to social security or service conditions of workmen which he considers proper and necessary for the purpose of the Inspection.

CHAPTER- X

OFFENCES AND PENALTIES

(2) The Andaman & Nicobar Administration may by Notification in the Official Gazette appoint any person not below the rank of Assistant Labour Commissioner of the Labour Department, A & N Administration for such area as it thinks fit for the purpose of compounding of offences under Sub-section (1) of the Section 138 of the Code in respect of those provisions for which the Andaman and Nicobar Administration is the appropriate authority.

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(3) The officer authorized by the Andaman & Nicobar Administration by Notification for the purposes of compounding of offences under Sub-section (1) of Section 138 shall issue electronically or otherwise a compounding notice in Form-XVII for the offences which are compoundable under Section 138.
a) The person so noticed may apply in Part-III of the Form-XVII to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.
b) The Compounding Officer shall issue a composition certificate in Part-IV of Form-XVII 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.
d) Composition after institution of prosecution.—

CHAPTER- XI

MISCELLANEOUS

35. Social Security Fund :— (1) Subject to the provisions of Sub-section (5) of Section 141 of the Code, the other sources of the Social Security Fund for the welfare of the Unorganised Workers may include,—
(a) Any grants from the Central Govt. or Andaman & Nicobar Administration as the case may be;
(b) Any contribution from the Unorganised Workers towards Registration or Membership; and
(2) The funds of the Board shall be spend for implementing the various schemes of the Unorganised Workers and such other salaries, allowances and administrative expenses as determined by the Board.
(3) The Forms or Registers prescribed by the Code on Social Security (Central) Rules, 2020 may mutatis mutandis be adopted by every employer, employee, authority or Inspector where such forms or Registers are not specifically provided under these rules.

18 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

[(See rule 12(1), (2), (3) and (4))]

Nomination/Fresh Nomination/Modification of Nomination

(Strike out the words not applicable) 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 nominate the person(s) mentioned below / have acquired a family within the meaning of clause (33) of Section 2 of Code on Social Security, 2020 with effect from the ……………………(date here) in the manner indicated below and therefore nominate afresh 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). I, Shri / Shrimati / Kumari…………………………… (Name in full here) whose particulars are given in the statement below, hereby give notice that the nomination filled by me on date…………… and recorded under your reference No. ……………dated……………… shall stand modified in the following manner: Strike out unnecessary portion.

2. I hereby certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause (33)of Section 2 of the Code on Social Security, 2020.
1. I hereby declare that I have no family within the meaning of clause (33) of Section 2 of the said Code.
1. (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.
1. I have excluded my husband from my family. by a notice dated the……………… to the competent authority in terms of clause (33) of Section 2 of the said Code.
1. Nomination made herein invalidates my previous nomination.

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022 19

Nominee(s)

| S. No. | Name in full with full address of nominee (s) | Relationship with the employee | Age of nominee | Proportion by which the gratuity will be shared | | --- | --- | --- | --- | --- | | 1. 2. 3. So on | | | | |

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

Name of employee in full :
Sex
Religion
Whether unmarried / married / widow / widower
Department / Branch / Section where employed
Post held with Ticket No. or Serial No., if any
Date of appointment
Permanent address Village.....................Thana.....................Sub-division..................... Post Office..................... PIN Code ..................... District ..................... State/UT ............................. E-mail ID .........................Mobile Number .................................................. Place: Date: Signature/Thumb Impression of the Employee

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 Date: Signature of the Employer / Officer Authorized Designation Name and Address of the establishment or Rubber Stamp thereof

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[(See rule 13 (1) and (2)]

Application for Gratuity by an Employee / Nominee / Legal Heir

(Strike out the words not applicable) 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. Marital status of employee (unmarried / married / widow / widower) or
a. Name of Employee
b. Marital status of nominee / legal heir (unmarried / married / widow / widower)
c. Relationship of nominee / legal heir with the employee

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e. Date of death and proof of death of the employee
1. Department / Branch / Section where last employed
1. Post held by employee
1. Date of appointment
1. Total gratuity payable to the employee / share of gratuity claimed by a nominee / legal heir
1. Payment may please be made by crossed bank cheque / credit in my Bank Account No. .................. Yours faithfully, Signature / Thumb Impression of the Applicant / Employee / Nominee / Legal Heir Place: Date

22 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

FORM-III

[(See rule 13 (4))]

Notice for Payment / Rejecting claim of Gratuity

(Strike out the words not applicable) To, (Name and address of the applicant / employee / nominee legal heir)

(a) as required under Rule 13 of the Code on Social Security (Andaman & Nicobar Islands) Rules, 2021, that your claim for payments of gratuity as indicated on your application in Form-I under the said rules is not admissible for the reasons stated below: Reasons (Here specify the reasons); or
(b) as required under Rule 13 the Code on Social Security (Andaman & Nicobar Islands) Rules, 2021 that a sum of Rs. ............(Rupees...................) is payable to you as gratuity / as your share of gratuity in terms of nomination made by...................on...................and ...................recorded in this...................as a legal heir of...................an employee of this establishment.
1. *Please call at ...........................................on........................................... (Here specify place)........................................... (date) at ........................................... (time) for collecting your payment of gratuity crossed cheque.
(a) Date of appointment : Place: Date: Signature of the Employer / Authorised Officer. Name or description of establishment or Rubber Stamp thereof

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[(See rule 14(1))] 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 abovementioned employer / nominee of Late....................................................... an employee of the abovementioned 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...................(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 Rule......................of the Code on Social Security (Andaman & Nicobar Islands) Rules, 2021 on the ...................but the abovementioned 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.
1. The applicant submits that there is a dispute on the matter (specify the dispute).
1. 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

ANNEXURE

1. Name in full of Applicant with full Address :
1. Basis of Claim (Death / Superannuation / Retirement / Resignation / Disablement of Employee / Completion of contract period under Fixed Term Employment) :
1. Name and address in full of the employee:
1. Marital status of the employee (unmarried / married / widow / widower) :
1. Post held by the employee with Ticket or Sl. No., if any(if known):
1. Date and cause of termination of service of the employee (Superannuation / retirement / resignation / disablement / death /Completion of contract period under Fixed Term Employment) :
1. Total period of service by the employee :
1. Wages last drawn by the employee :
1. If the employee is dead, date and cause thereof:
1. If a nominee, No. and date of recording of nomination with the employer:
1. Percentage of gratuity payable to the applicant as nominee / legal heir:
1. Amount of gratuity claimed by the applicant : Place: Date: Signature / Thumb-Impression of the Applicant

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FORM - V

[(See rule 15(1) and (8))]

Notice for Appearance before the Competent Authority/Summon

Whereas, Shri ………………………………an employee under you / a nominee(s) / legal heir(s) of Shri……………………………an employee under the abovementioned employer, has/have filed an application under Chapter-III of the Code on Social Security(Andaman & Nicobar Islands) 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 beforementioned, 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 ………… 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. Given under my hand and seal, this ...................day of...................20................
1. The portion not applicable to be deleted.
1. The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons served before the date fixed.

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

(Strike out the words not applicable) To, (Name and address of employer)

1. Whereas, Shri / Smt. / Kumari……………………………of an employee……………………………(address) under you / a nominee(s) / legal heir(s) of Late………………………………………an employee under you, filed an application under Section 56 of the Code on Social Security, 2020, before me; or Whereas, a notice was given to you on…………………………………requiring you to make payment of Rs.…………………………………to Shri / Smt./ Kumari…………………………………as gratuity under the Code on Social Security, 2020.
1. And, whereas, the application was heard in your presence on............and after the hearing have come to the finding that the said Shri / Smt. / Kumari.................................................... is entitled to a payment of Rs................... as gratuity under the Code on Social Security, 2020; or Whereas, you / the applicant went in appeal before the Appellate Authority, who has decided that an amount of Rs.………………………………………is due to be paid to Shri / Smt. / Kumari ………………………………as gratuity due under the Code on Social Security, 2020. Now, therefore, I hereby direct you to pay the said sum of Rs.............................to Shri / Smt. / Kumari....................................within thirty days of the receipt of this notice with an intimation thereof to me. Given under my hand and seal, this ....................day of.................... 20....................
1. The Applicant- He is advised to contact the employer for collecting payment.
1. The Appellate Authority, if applicable. Note.---(Strike out paragraphs, if not applicable)

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022 27

FORM – VII

Application for Recovery of Gratuity

Before the Competent Authority for Chapter V under the Social Security Code, 2020. Application No. Date: BETWEEN

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.
1. 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. Place: Date: Note.—Strike out the words not applicable. Signature / Thumb Impression of Applicant

28 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

Notice Book

| Date of accident and time, if known | Name of workman injured | Address of Workman injured | Cause of injury | Date and time of notice | Thumb Impression or Signature of person giving notice | | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | |

FORM-IX

To, Date : Competent Authority

4. The name and addresses of the dependents of the deceased so far as known to us are .................................................. (One of these paragraphs to be struck out). Place : The said injury has resulted in temporary disablement to the said employee whereby it is estimated that he will be prevented from earning more than his previous / any wages for a period of ……………… Months, The said employee has been in receipt of half- monthly payments which have continued from the……………… day of …………….20 , until the ………. Day of ……….20, amounting to Rs………………… in all. 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……………… 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. In respect of all disablement of a temporary nature arising out of the said accident whether now or hereafter to become manifest, it is therefore requested that this memorandum be duly recorded. Date.................................................................. Witness................................... Signature of Employee........ Witness........................................................................ Note:- An application to register an agreement can be presented under the signature of one party, provided that the other party has agreed to the terms. But both signature should be appended whenever possible. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• In accordance with the above agreement, I have this day received the sum of ............................................................................ Date....................20 Signature or Thumb Impression of employee The money has been paid and this receipt signed in my presence. (See rule 23 (1))

Memorandum of Agreement

It is hereby submitted that on the ……………… day at … … ……… 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 this 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 Employees Compensation Code. In respect of the disablement stated above and all disablement now manifest. It is, therefore, requested that this memorandum be duly recorded. Signature of Employer Date.......... Witness................................................................................................................................................................................................................................................................ Signature of Employee................ Note:— An application to register an agreement can be presented under the signature of one party provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible.

Receipt (to be filled-in when the money has actually been paid).

In accordance with above agreement, I have this day received the sum of Rs............................................ Date .................................. Signature or Thumb Impression of the Employee The money has been paid and this receipt signed in my presence. Witness..................................................................

FORM-XC

(See rule 23 (1))

Memorandum of Agreement

Signature of Employer Witness................................................................................................................................................................................................................................................................ Signature of employee................ Note:— An application to register an agreement can be presented under the signature of one party provided that the other party has agreed to terms. Receipt (to be filled-in when the money as actually been paid) In accordance with the above agreement. I have Witness........................................................................... Note:— This form may be varied to suit special cases, e.g. injury by occupational disease, etc. | S.No. | Date of agreement | Date of registration | Employer | Employee | Initial of competent authority | Reference to orders rectifying- The register | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | |

1. Name and full address of the applicant

Versus

2. Name and full address of the opposite party it is hereby submitted that —
(1) The Applicant, an employee employed by the opposite party on the ……………… day of ……………… 20 ……………… received personal injury by accident arising out of and in the course of his employment. The cause of the injury was (here insert briefly in ordinary language the cause of the injury) ………………………………………………………………
(2) The applicant sustained the following injuries, namely ...........................................................................
(3) The monthly wages of the applicant amounted to Rs ...................... the applicant is over/under the age of 15 years ........
(4) *(a) Notice of the accident was served on the .................. day of .............................................

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The applicant is accordingly entitled to receive:—

(a) half monthly payment of Rs. .................... from the ....................day of....................19....................to....................
(b) a lump sum payment of Rs...................
(5) The applicant has taken the following steps to secure a settlement by agreement, namely........................... But it was proved impossible to settle the questions in dispute because ............................................................................ *You are therefore requested to determine the following questions in dispute, namely :—
(a) Whether the applicant is a workman within the meaning of the Act.
(d) Whether the opposite party is liable to pay such compensation as is due.
(e) Etc. (as required) Date........................................................................ Applicant

FORM- XIB

(See rule 25 (1) (i))

Application for Order to Deposit Compensation

The Competent Authority Versus It is hereby submitted that — The cause of the injury was (here insert briefly in ordinary language the cause of the injury)

3. The monthly wages of the deceased amount Rs..................... the deceased was over/under the age of 15 years at the time of his death.
(b) Notice was served as soon as practicable.
(c) Notice of the accident was not served (in due time ) by reason of
1. The deceased before his death received as compensation the total sum of Rs. *You are therefore requested to determine the following questions in dispute, namely:-
(a) Whether the deceased was a workman within the meaning of the Act.
(b) Whether the accident arose out of and in the course of the deceased's employment.
(d) Whether the opposite party is liable to pay such compensation as is due.
(e) Whether the applicant (s) is/are dependant(s) of the deceased.
(f) How the compensation, when deposited should be distributed.
(g) Etc. ……………… (as required). Date: Applicant

Notice

Competent Authority

Notice

Whereas, a claim for compensation has been made by __________applicant, against __________ and the said __________ has claimed that __________ is liable to pay compensation under the Code on Social Security, 2020, to indemnify him against any claim and where as the said __________ on notice served has claimed that you __________ stand to him in the relation of a contractor from whom the applicant __________ could have recovered compensation you are hereby informed that you may appear before me on __________ and contest the claim for compensation made by the said applicant or the claim for indemnity made by the opposite party . In default of your appearance you will be deemed to admit the validity of any award made against the opposite party __________ your liability to indemnify the opposite party __________ for any compensation recovered from him. Dated: Competent Authority

38 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

FORM- XIII

(See rule 28 (5))

Annual Report

1. Board:

Full registered address :
Regional Offices with address, if any : ii) No. of registered employers : State the number of meetings held with dates during the year and names of the members remaining absent ii) Have any irregularities been mentioned in the previous audit? If so, state the position regarding compliance thereof a) Is there a formal internal audit system in : operation ? c) Who had done the internal audit ? Whether the internal auditor is from the panel of auditor ? e) Whether recommendations made by the internal auditor have been complied with by the Board, if no, specify them

VI. Cash, bank balance and securities:
a) Cash: a) Whether the cash is counted physically by the auditor ? If yes, give the date b) Who produced the cash for counting ? Give his name and designation, is he authorized to keep cash ? Whether the cash balance was within the limits stipulated
a) Do ‘the bank balance shown in bank statements : / pass book tally with the bank book ? If not, whether any reconciliation statement is prepared ? Attached statement
b) Whether confirmation of balance are obtained : from all the banks ?
c) Securities :
b) Are dividends and / or interests being duly : collected and whether provision of accrued interest is as calculated correctly ?
a) Are relevant registers maintained up to date ?
b) Verify properly physically and obtain list. Do the balance tally with balance sheet features ?
ii) State the rates of depreciation charged on various assets
1. Amount of grants/loans received from the Central Govt.
1. Amount of contribution received from the beneficiaries.
1. Amount of cess received :
1. Amount of registration fees received from the beneficiaries.
1. Any other source :
IX. Expenditure during the year under report:
1. Financial assistance provided to the beneficiaries give the details scheme-wise
1. Administrative expenditure including salary :
1. State the various activities of the Board
1. Litigations :
a) No. of court cases against Board
b) No. of court cases filed by the Board
b) Orders / directions issued, if any :

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022 41

Register of Women Employees

Name of establishment :

1. Serial Number.
1. Name of woman and her father's (or, if married, husband's) name.
1. Date of appointment.
1. Nature of work. | Month | No. of days employed | No. of days laid off | No. of days not employed | Remarks | | --- | --- | --- | --- | --- | | a | b | c | d | e | | | | | | |
1. Date on which the woman gives notice under section 62.
1. Date of production of proof of pregnancy under section 62.
1. Date of production of proof of delivery / miscarriage / medical termination of pregnancy / tubectomy operation / death / adoption of child.
1. Date with the amount of maternity benefit paid in advance of expected delivery.
1. Date with the amount of subsequent payment of maternity benefit.
1. Date with the amount of bonus, if paid, under section 64.
1. Name of the person nominated by the woman under section 62.
1. 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.
1. 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.
1. Remarks column for the use of the Inspector-cum-Facilitator.

42 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

FORM- XV

(See rule 32 (1))

Unified Consolidated Annual Return

A. General Part:
(a) Name and full address of the establishment
B. Employer's Registration / License Number under the Codes mentioned in column (2) of the table below: | S.No. | Name | Registration | | If Yes (Registration No.) | | --- | --- | --- | --- | --- | | (1) | (2) | (3) | | (4) | | 01. | The Code on Occupational Safety Health and Working Condition Code, 2020. | | | | | 02. | The Code on Social Security, 2020. | | | | | 03. | Any other Law for the time being in force. | | | |
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. | | | 04. | Total Number of days during the year on which Contract Labour was employed. | | | 05. | Total number of mandays 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 Mobile Number | |
D. Working hours and weekly rest day: | 01. | Number of days worked during the year. | | | --- | --- | --- | | 02. | Number of mandays worked during the year. | | | 03. | Daily hours of work. | | | 04. | Weekly day of rest. | | | Sl. No. | Males | Females | Adolescents (between the age of 14 to 18 years) | Children (below 14 years of age) | Total | | --- | --- | --- | --- | --- | --- | | | | | | | |

F. Wage rates (Category-wise):

| Category | Rates of Wages | No. of Workers | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | Regular | | | | Contract | | | | | | | Male | Female | Children | Adolescent | Male | Female | Children | Adolescent | | Highly | | | | | | | | | | | Skilled | | | | | | | | | | | Skilled | | | | | | | | | | | Semi-skilled | | | | | | | | | | | 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 | | | | | | | | |

(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) | | --- | --- | --- | | | | | | 01. | Date of opening of establishment | | | | --- | --- | --- | --- | | 02. | Date of closing, if closed | | | | 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 ? | | |

44 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

| 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 midwife ? | | | | 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 of days of leave granted | | | 03. | Number of employees granted maternity leave/benefitted by ESI | | Date: Signature

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022 45

FORM- XVI

(See rule 32 (2)) Unified Return

b. Name and full address of the employer E-mail ID, Telephone Number, Mobile Number

B. Employer's Registration / License Number under the Codes mentioned in column (2) of the table below:

| S. No. | Name | Registration | If Yes (Registration No.) | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | 01. | The Code on Occupational Safety Health and Working Condition Code, 2020. | | | | 02. | The Code on Social Security, 2020. | | | | 03. | Any other Law for the time being in force. | | | | 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. | | | 04. | Total number of days during the year on which Contract Labour was employed. | | | 05. | Total number of mandays 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 Mobile Number | |

D. Working hours and weekly rest day:

| 01. | Number of days worked during the year. | | | --- | --- | --- | | 02. | Number of mandays worked during the year. | | | 03. | Daily hours of work. | | | 04. | Weekly day of rest. | | | Sl. No. | Males | Females | Adolescents (between the age of 14 to 18 years) | Children (below 14 years of age) | Total | | --- | --- | --- | --- | --- | --- | | | | | | | | F. Wage rates (Category-wise): | Category | Rates of Wages | No. of Workers | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | Regular | | | | Contract | | | | | | | Male | Female | Children | Adolescent | Male | Female | Children | Adolescent | | Highly | | | | | | | | | | | Skilled | | | | | | | | | | | Skilled | | | | | | | | | | | Semi-skilled | | | | | | | | | | | 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 | | | | | | | | | (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 | | --- | --- | --- | --- | | | | | | | Sl. No. | Nature of various welfare amenities provided | Statutory (specify the statute) | | --- | --- | --- | | | | | I. Maternity Benefit under the Code on Social Security, 2020: (c) Details of establishment, medical and para-medical staff: | 01. | Date of opening of establishment | | | --- | --- | --- | | 02. | Date of closing, if closed | |

| 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 ? | | |

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

Declaration

Date:

48 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022

FORM- XVII

[See rule 34(3)] Notice to the Employer who committed an offence for the first time for compounding of offence under Sub-section (1) of Section 138 of the Code on Social Security, 2020 Notice No. Date :

PART I

| 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 is 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 6 | |

PART II

(Signature of the Compounding Officer) Date: Place:

THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, FEBRUARY 28, 2022 49

PART III

Application under Sub-section (4) of Section 138 for compounding of offence Date : The undersigned has deposited the entire amount as specified in Column 6 of Part-I and the details of payment are given below with a request to compound the offences mentioned in Part-I.

2. Details of the prosecution, if filed for the violation of abovementioned offences may be given.
1. Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence.
1. Any other information which the applicant desires to provide. Dated: Place: (Name and Designation)

Composition Certificate

Ref: Notice No. Date : Place : By order and in the name of the Lieutenant Governor (Administrator), Andaman and Nicobar Islands. Sd./- Additional Secretary (Labour)

MGPPB—32/Gazette/2022— 25 Copies. (DTP-2)

Andaman & Nicobar Code on Social Security Draft Rules

Full rule text

NOTIFICATION

DRAFT RULES

CHAPTER - I

PRELIMINARY

CHAPTER - II

CHAPTER - III

CHAPTER -IV

MATERNITY BENEFIT

EMPLOYEE'S COMPENSATION

CHAPTER- VI

CESS IN RESPECT OF BUILDING AND OTHER CONSTRUCTION WORKERS

FINANCE AND ACCOUNTS

CHAPTER –VIII

AUTHORITIES ASSESSMENT, COMPLIANCE AND RECOVERY

CHAPTER –IX

INSPECTION SCHEME

CHAPTER- X

OFFENCES AND PENALTIES

CHAPTER- XI

Nomination/Fresh Nomination/Modification of Nomination

Nominee(s)

Manner of acquiring a “Family”

Statement

Certificate by the Employer

Application for Gratuity by an Employee / Nominee / Legal Heir

FORM-III

Notice for Payment / Rejecting claim of Gratuity

BETWEEN

ANNEXURE

FORM - V

Notice for Appearance before the Competent Authority/Summon

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

Application for Recovery of Gratuity

Notice Book

FORM-IX

Memorandum of Agreement

Receipt (to be filled-in when the money has actually been paid).

FORM-XC

Memorandum of Agreement

FORM- XIB

Application for Order to Deposit Compensation

Notice

Notice

FORM- XIII

Annual Report

Register of Women Employees

FORM- XV

Unified Consolidated Annual Return

F. Wage rates (Category-wise):

G. (a) Details of Payments:

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

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

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

FORM- XVI

B. Employer's Registration / License Number under the Codes mentioned in column (2) of the table below:

D. Working hours and weekly rest day:

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

Declaration

FORM- XVII

PART I

PART II

PART III

Composition Certificate

Official gazette PDF