Dadra & Nagar Haveli and Daman & Diu Wages Rules: full text and citation

UT ADMINISTRATION OF DADRA & NAGAR HAVELI AND DAMAN & DIU DEPARTMENT OF LABOUR & EMPLOYMENT DAMAN

No. LE/LI/DMN/WR-R/387/2023/568

NOTIFICATION

Dated: 24-11-2023

The following rules, which the Administrator of Dadra and Nagar Haveli and Daman and Diu proposes to make in 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 draft of rules will be taken into consideration by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu 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 or suggestion, which may be received by the Commissioner-cum-Secretary, (Labour), Dadra & Nagar Haveli and Daman & Diu, Secretariat, Vidhyut Bhavan, Kachigam, Nani Daman in writing or on email secy-labour- dd@daman.nic.in or lelidaman@gmail.com 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 Wages (Dadra and Nagar Haveli and Daman and Diu) Rules, 2023.
(2) They shall extend to the whole of Union Territory of Dadra and Nagar Haveli and Daman and Diu.
(3)They shall come into force after the date of their final publication in the Official Gazette and from such date on which the Code on Wages, 2019 (29 of 2019) comes into force.
1. Definitions. - In these rules, unless the subject or context otherwise requires, -

(a)“authority" means the authority appointed by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu under sub-section (1) of section 45;

(b)“appellate authority" means the appellate authority appointed by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu under sub-section (1)of section 49;

(b)“appellate authority" means the appellate authority appointed by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu under sub- section (1)of section49;

(c)“appeal" means an appeal preferred under sub-section(1) of section 49;
(d)“agriculture labourer" means labourer includes any person involved in connection with cultivating of soil or with raising or harvesting of any agricultural or horticultural commodities, management of live-stocks, bees, poultry etc.
(e)“Board” means the State Advisory Board constituted by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu under sub- section(4)of section 42;
(f)“Chairperson" means the Chairperson of the Board;
(g)“Code” means the Code on Wages, 2019 (29 of2019);
(h)“Committee" means a committee appointed by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu under clause (a) of sub-section (1) of section 8;
(i)“day” means a period of 24 hours beginning at mid-night;
(j)“Year means" "Financial Year" which starts from 1 April and ends on 31 March-the year
(k)“Form" means a form appended to these rules;
(l)"highly skilled occupation" means an occupation which calls in its performance a specific level of perfection and required competence acquired through intensive technical or professional training or practical occupational experience for a considerable period and also requires of an employee to assume full responsibility for his judgment or decision involved in the execution of such occupation;
(m)“Inspector-cum-Facilitator" means a person appointed by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu by notification under sub-section (1) of section 51;
(n)"member"means a member of the Board and includes its Chairperson;
(o)"metropolitan area" means a compact area having a population of forty lakhs or more comprised in one or more districts;
(p)"non-metropolitan area" means a compact area having a population of more than ten lakhs but less than forty lakhs, comprised in one or more districts;
(q)"normal working day" means is any day of a week on which the establishment is operational and the worker is required to perform his duty but does not include the day which is a weekly off for that worker.

(r)“population" means the population as ascertained at the last preceding census of which the relevant figures have been published;
(s)“registered trade union" means a trade union registered under The Trade Unions Act, 1926 (16 of 1926);
(t)“rural area" means the area which is not the metropolitan area or non- metropolitan area;
(u) "Schedule" means the schedule to these rules;
(v)“section" means a section of the Code;
(w)“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;
(x)“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;
(y)“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

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

(1) the standard working class family which includes a spouse and two children apart from the earning worker; an equivalent of three adult consumption units;
(II) A net intake of 2700 calories per day per consumption unit;
(III) 66 meters cloth per year per standard working class family;
(IV) Housing rent expenditure to constitute 10 per cent of food and clothing expenditure;

(V) Fuel, electricity and other miscellaneous items of expenditure to constitute 20 percent of minimum wage; and
(VI) Expenditure for children education, medical requirement, recreation and expenditure on contingencies to constitute 25 percent of minimum wage;

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

Norms for fixation of minimum rate of wages.-(1) While fixing the minimum rate of wages under section 6, the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu shall divide the concerned geographical area into two categories, that is to say, the urban area and the rural area.

(2) The Union Territory Administration of Padra & Nagar Haveli and Daman & Diu shall constitute a technical committee for the purpose of advising the U.T. Padra & Nagar Haveli and Daman & Diu in respect of skill categorization, which shall consist of the following members, namely:-

(i) The Secretary (Labour), UT of Padra & Nagar Haveli and Daman & Diu -Chairperson
(ii) The Director-cum-Deputy Secretary (Labour), Padra & Nagar Haveli and Daman & Diu -Member
(iii) The Chief Engineer, PWD. UT of Padra & Nagar Haveli and Daman & Diu -Member
(iv) The Director of Technical Education-Member
(v) The Executive Engineer, Municipal Council, Daman / DNH/Diu-Member
(vi) The Deputy / Joint Commissioner (Labour), HQ, Daman - Member Secretary
(vii) Two technical experts in wage determination as nominated by the Union Territory Administration of Padra & Nagar Haveli and Daman & Diu - Members

(3) The Union Territory Administration of Padra & Nagar Haveli and Daman & Diu shall, on the advice of the technical committee referred to in sub-rule(1), categorize the

occupations of the employees into four categories that is to say unskilled, semi-skilled, skilled and highly skilled by modifying, deleting or adding any entry in the categorization of such occupations specified in Schedule A.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2)An employee shall be granted-

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

Provided that where-

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

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

(iii) the employee works on the rest day and has been given a substituted rest day, then, he shall be paid, only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate; and, if any dispute arises whether the daily rate of wages has been worked out in accordance with the provisions of this proviso, the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction of Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu 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 Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may, from time to time determine having regard to the minimum rate of wages fixed under the Code, in respect of the employment.

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

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

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

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

a. a rest day for the whole day for the purposes of rule 7 shall, in this case means a period of twenty- four consecutive hours beginning from the time when his shift ends; and
b. the following day in such a case shall be deemed to be the period of twenty- four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work shall be counted towards the previous day.

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

a. engaged in any emergency which could not have been foreseen or prevented;
b. engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;
c. whose employment is essentially intermittent;
d. engaged in any work which for technical reasons has to be completed before the duty is over; and engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces; the provisions of rules 6, 7 and 8 shall apply subject to the condition that-
(i) the spread over of the hours of work of the employee shall not exceed 16 hours in any day; and
(ii) the actual hours of work excluding the intervals of rest and the periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attendance shall not exceed 9 hours in any day.

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

CHAPTER-III

PAYMENT OF WAGES

Recovery under sub-section (4) of section 18.-Where the total deductions authorized under sub-section (2) of section 18 exceed fifty percent of the wages of an employee the excess shall be carried forward and recovered from the wages of succeeding wage period or wage periods, as the case may be, in such instalments so that the recovery in any month shall not exceed the fifty per cent of the wages of the employee in that month.
The authority under sub-section (1) of section 19.- The officer appointed by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu by notification

for this purpose having jurisdiction of UT, Dadra & Nagar Haveli and Daman & Diu of the employee concerned shall be the authority for the purposes of sub-section (1) of section 19.

The manner of exhibiting the notice under sub-section(2) of section 19.-A notice referred to in sub-section(2) of section 19 shall be displayed at the conspicuous places in the premises of the work place in which the employment is carried on, so that every concerned employee would be able easily to read the contents of the notice and a copy of the notice shall be sent to the Inspector- cum-Facilitator having jurisdiction.
The procedure under sub-section (3) of section 19.-The employer shall submit the list of fineable acts and omissions under Section 19(1) for approval of the officer appointed through notification by the Dadra & Nagar Haveli and Daman & Diu Administration. Before the imposition of a fine, the employee shall be given an opportunity of showing cause against the fine before the Grievance Redressal Committee, constituted under Section 4(1) of Industrial Relations Code for resolution of disputes arising out of individual grievances wherever it is applicable, Else otherwise before the employer.
Procedure for deduction.-Where an employer makes any deduction in pursuance of the proviso to sub section (2) of section 20, he shall make such deduction after given an opportunity of being heard to the concerned employee.
Procedure for deduction under sub-section (2) of section 21.-Any employer desiring to make deduction for damages or loss under sub-section (1) of section 21 from the wages of an employee shall-

(i) explain to the employee personally and also in writing the damage or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account and how such damages or loss is directly attributable to the neglect or default of the employee; and
(ii) thereafter, give the employee an opportunity to offer any explanation and deduction for any damages or loss, if made, shall be intimated to the employee within fifteen days from the date of such deduction.

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

(i) advances of money given to an employee after the employment begins under clause (b)of section 23; or
(ii) advances of wages to an employee not already earned under clause (c) of section23, shall be made by the employer from the wages of the concerned employee in instalments determined by the employer, so as any or all instalments 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-l.

Deductions under section 24.-Deductions for recovery of loans granted for house building or other purposes approved by the Dadra & Nagar Haveli and Daman & Diu Administration, and the interest due in respect thereof shall be, subject to any direction made or circular issued by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu 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

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.

CHAPTER V

STATE ADVISORY BOARD

Constitution of the Board:- A. Procedure of Dadra & Nagar Haveli and Daman & Diu Advisory Board under sub-section (10) of section 42.-(1) The Dadra & Nagar Haveli and Daman & Diu Advisory Board shall consist of the persons to be nominated by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu representing employers and employees as specified in clauses (a) and (b) of sub-section (6) of section

42 and the independent persons and representatives of the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu as specified in clauses (c) of that sub-section.

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

(3) The independent persons specified in clause (c) of sub-section (6) of section 42 to be nominated by the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu shall consist of the following, namely:-

(i) Secretary (Labour), Union Territory Administration of Padra & Nagar Haveli and Daman & Diu shall be the Chairperson;
(ii)Deputy/ Joint Commissioner (Labour)(HQ) Union Territory Administration of Padra & Nagar Haveli and Daman & Diu as Member Secretary
(iii) Secretary (Finance), Union Territory Administration of Padra & Nagar Haveli and Daman & Diu shall be the member
(iv) Chief Engineer, PWD Union Territory Administration of Padra & Nagar Haveli and Daman & Diu shall be the member
(v) One member shall be a professional in the field of wages and labour related issues;

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

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

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

Notice of meetings. - The Chairperson shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars along with a list of

business to be conducted at the meeting shall be sent to each member by registered post and electronically at least fifteen days before the date fixed for such meeting:

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

Functions of Chairperson.-The Chairperson shall-

(i) preside at the meetings of the Board: Provided that in the absence of the Chairperson at any meeting, the members shall elect from amongst themselves by a majority of votes, a member who shall preside at such meeting;
(ii) decide agenda of each meeting of the Board;
(iii) where in the meeting of the Board, if any issue has to be decided by voting, conduct the voting and count or cause to be counted the secret voting in the meeting.

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

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

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

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

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

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

Method of voting.- Voting in the Board shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairperson so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairperson may decide.
Proceedings of the meetings.-(1)The proceedings of each meeting of the Board showing inter alia the names of the members present thereat shall be forwarded to each member and to the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu 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.

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

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

Appointment of the committees.-The Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may constitute as many committees under clause of sub- section(1)of section 8 as it considers necessary for the purposes specified in that clause.
Term of office of members of the Board:-

B. Terms of office of members of the Board under sub-section (11) of section 42: (1)The term of office of the Chairperson or a member, as the case may be, shall be normally two years commencing from the date of his appointment or nomination, as the case may be, under sub-section (1) of section 42:

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

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

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

(4)Notwithstanding anything contained in sub-rules (1), (2), and (3), the members of the Board shall hold office during the pleasure of Dadra & Nagar Haveli and Daman & Diu Administration.

Travelling allowance.-The Chairman and every member of the Board shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties at the rates and subject to the conditions applicable to a Group A officer of Dadra & Nagar Haveli and Daman & Diu Administration
Officers and Staff.- The Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may provide a Secretary 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.
Eligibility for re-nomination of the members of the Board.-An outgoing member shall be eligible for re-nomination for the membership of the Board for not more than total two terms.
Resignation of the Chairperson and other members of the Board.-(1) A member of the Board, other than the Chairperson, may, by giving notice in writing to the Chairperson, resign his membership and the Chairperson may resign by a letter addressed to the Dadra & Nagar Haveli and Daman & Diu Administration.

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

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

Cessation of membership. - If a member of the Board, fails to attend three consecutive meetings, without prior intimation to the Chairperson, he shall, cease to be a member thereof.
Disqualification.-(1) A person shall be disqualified for being nominated as, and for being a member of the Board-

(i) if he is declared to be of unsound mind by a competent court; or
(ii) if he is an un-discharged insolvent; or
(iii) if before or after the commencement of the Code, he has been convicted of an offence involving moral turpitude.

(2)If any question arises whether a disqualification has been incurred under sub-rule(1), the decision of the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu thereon shall be final.

CHAPTER VI

PAYMENT OF DUES & CLAIMS.

Payment under clause (a) of sub-section (1) of section 44.- Where any amount payable to an employee under the Code is due after his death or on account of his whereabouts not being known, and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction of UT, Dadra & Nagar Haveli and Daman & Diu 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.
Deposit of the undisbursed dues under clause (b) of sub-section (1) of section 44.- (1)Where any amount payable to an employee under this Code remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of six months from the date the amount had become payable, all such amounts shall be deposited by

the employer with the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction of UT, Dadra & Nagar Haveli and Daman & Diu before the expiry of the fifteenth day after the last day of the said period of six months.

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

Manner of dealing with the undisbursed dues under clause (b) of sub-section (1) of section 44.-(1)The amount referred to in sub rule(1)of rule 38(hereinafter in this rule referred to as the amount) deposited with the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction shall remain with him for three years and thereafter, shall be deposited in the Labour Welfare Fund.

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

(3)Subject to the provision of sub-rule (4), the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction shall release the amount to the nominee or to that person who has claimed such amount, as the case may be, in whose favour, the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and

Daman & Diu for this purpose has decided, after giving an opportunity of being heard, the amount to be paid.

(4) If the undisbursed amount remains unclaimed for a period of seven years, the same shall lapse to the Dadra & Nagar Haveli and Daman & Diu Labour Welfare Board.

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

CHAPTER VII

FORMS, REGISTERS AND WAGE SLIP

The form of a single application. -A single application, may be filed under sub- section(5)of section 45 in Form-ll along with documents specified in such Form.
Appeal.-Any person aggrieved by an order passed by the authority under sub- section(2)of section 45 may prefer an appeal under sub-section(1) of section 49 in Form- Ill, along with documents mentioned by the appellant in such Form, to the Appellate Authority UT, Dadra & Nagar Haveli and Daman & Diu.
Form of register, etc.-(1) All fines and all realizations thereof referred to in sub- section(8)of section 19 shall be recorded in a register to be kept by the employer in Form-I appended to these rules, electronically or otherwise and the authority referred to in said sub-section (8) shall be with the officer appointed through notification by Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu for this purpose having jurisdiction of UT, Dadra & Nagar Haveli and Daman & Diu.

(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.

Wage slip.-Every employer shall issue wage slips, electronically or otherwise to the employees in Form-under sub-section (3) of section 50 on or before payment of wages.
Annual Return:-The return under these rules shall be filed electronically by every employer of an establishment to which the Code applies in the relevant columns of the Form specified for such purpose in the rules made under the Code on Wages, 2019(29 of 2019). A copy of such return shall also be forwarded electronically to the Labour Bureau, Ministry of Labour and Employment, Government of India.
Collection of Statistics.- The employer shall submit the details of Minimum Wages, Payment of Wages, Payment of Bonus given to the employees, as statistics required under these rules electronically in the relevant forms and manner from time to time, to the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu as well as to the office of Director General, Labour Bureau.

CHAPTER VIII

INSPECTOR-CUM-FACILITATOR

Inspection scheme.-(1)For the purposes of the Code and these rules, there shall be formulated an inspection scheme by the Labour Commissioner UT of Dadra & Nagar Haveli and Daman & Diu with the approval of the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu.

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

Powers of Inspector-cum-Facilitator. The Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may, by notification in the Official Gazette, appoint such

persons as it thinks fit to be Inspector-cum-Facilitator for the purposes of this case, and define the local limits within which they shall exercise their functions:

(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers whether unskilled occupation, skilled occupation, semi-skilled occupation and highly skilled occupation in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made there under, and require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein and require any person giving out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;
(c) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer; and
(d) supervise the payment of wages to persons employed in any factory or industrial or any other establishment;
(e) exercise such other powers as may be prescribed;
(f) Every Inspector-cum-Facilitator shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860);
(g) Any person required to produce any document or thing or to give any information by an inspector-cum-facilitator under sub-rule (a) to (e) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860)].

CHAPTER IX

OFFENCES AND PENALTIES

Officer for holding enquiry-For the purpose of Section 53(1), the Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may appoint any officer not below the rank of Joint Secretary Labour, Govt. of India or an officer of equivalent rank in the Dadra & Nagar Haveli and Daman & Diu Administration, as the case may be, for holding enquiry in such manner, as may be prescribed by the Central Government.
Officer and Manner of imposing fine under sub-section (1) of section 56.-

(1) The Union Territory Administration of Dadra & Nagar Haveli and Daman & Diu may, by notification, appoint any Gazette Officer for the purpose of sub-section (1) of section 56(hereinafter referred to as the compounding officer) for composition of offences.

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

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

(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.

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

CHAPTER X

MISCELLANEOUS

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

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

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

Repeal and saving. – The Dadra & Nagar Haveli Minimum Wages Rules, 1970 as applicable to the Dadra and Nagar Haveli, the Dadra & Nagar Haveli Payment of Wages Rules, 1977 as applicable to the Dadra and Nagar Haveli, Goa, Daman & Diu Payment of Wages Rules, 1964 as applicable to Daman and Diu and the Goa, Daman & Diu Minimum Wages Rules, 1975 as applicable to Daman and Diu 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.

Copy to:-

By Order and in the name of the Administrator of Dadra and Nagar Havel and Daman & Diu ( Priyanshu Singh ) Director-cum-Deputy Secretary (Labour) DNH & DD

(1)The Director (IT), Daman for uploading on the Website

(2) The Joint Secretary (Planning & Statistics), DNH & DD, Daman with request to publish the above notification in the Official Gazette of the UT Administration (3)The Assistant Director (OL), Secretariat, Daman with request to translate the
above notification into Hindi, so as to publish the same in bilingual.

Repeal and saving. - The Payment of Wages Rules, 1937 and the 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.

FORM-I

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

Name of the Establishment:

Name of the Owner:

Labour Identification Number(LIN):

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

| Sr. No. in Employee Register | Name of the employee | Designation / Department | Duration of Payment of Wages (Monthly/Fortnightly /Weekly/Daily/ Piece rated) | Wage Period From - To | Total no. of days worked during the period | Total overtime (hours worked or production in case of piece workers) | Rates of wages | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | Basic | DA | Allowances | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |

| Overtime earned | Nature of acts and omissions for which fine imposed with date | Amoun t of fine impose d | Damage or loss caused to the employer by neglect or default of the employee | Amount of deductio n from wages | Total amount of wages paid | Date of Payme nt | Attendance | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | Date | Signatu re | | 11 | 1 2 | 13 | 1 4 | 1 5 | 16 | 1 7 | 18 | 19 | | Date and Amount of advanc e made | Purpose for which advance made | | Number of installment by which advance to the repaid | | Postpon ement ground | Date on which amount repaid | | Remark | | 20 | 21 | | 22 | | 23 | 24 | | 25 |

FORM-II

{See rule 41}

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

BEFORE THE AUTHORITY APPOINTED UNDER SUB SECTION (1) OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019)

FOR AREA.....

Application No. of 20.....

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

(Through employees concerned or registered trade union or Inspector-cum-Facilitator)

Address.....

And

XYZ.....

Address.....

The application states as follows:

(1) The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from to.....as.....(category)in.....(establishment) Shri/M/s.....engaged in .....(nature of work) which is/are covered by the Code on Wages, 2019.
(2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of the Code on Wages, 2019.

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

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

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

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

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

(b)Rs.....

(c)Rs.....

Total Rs.....

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

(a) payment of the difference between the wages payable under the Code and the wages actually paid,
(b) payment of remuneration for the days of rest
(c) payment of wages at the overtime rates,
(d) Compensation amounting to Rs.....

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

Dated.....

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

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

(See rule 42) Appeal under Section 49(1) of the Code on Wages, 2019 Before The Appellate Authority under the Code on Wages, 2019 A.B.C Address APPEL LANT Vs. C.D.E. Address RESPON DENT DETAILS OF APPEAL:

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:
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).
Grounds for appeal:
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.
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

FORM IV
[See rule 43(3)]
EMPLOYEE
REGISTER
Name of the Establishment : Name of the
Employer:
Name of the Owner : PAN/TAN of the
Employer:
Labour Identification Number (LIN):

| Sl. No. | Employee Code | Name | Surname | Gender | Father's / Spouse Name | Date of Birth | Nationality | Education Level | Date of Joining | Designation | Category (HS/S/S S/U S)* | Type of Employment | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | | Mobile No. | UAN | PAN | ESIC IP No. | AADHAAR | Bank A/c Number | Bank | Branch (IFSC) | Present Address | Permanent Address | | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | | Service Book No. | Date of Exit | Reason for Exit | Mark of Identification | Photo | Specimen Signature/Thumb Impression | Remarks | | 24 | 25 | 26 | 27 | 28 | 29 | 30 | | *(Highly Skilled/Skilled/Semi skilled/Unskilled) FORM V [See rule 44] WAGE SLIP Date of issue: Name of the Establishment................................... Address...................................Period..................... .. 1. Name of employee : 2. Father's /Spouse name : 3. Designation: 4. UAN: 5. Bank Account No.: 6. Wage period: 7. Rate of wages payable: a.)Basic b.)D.A. c.) other allowances 8. Total attendance/unit of work done: 9. Overtime wages: 10. Gross wages payable : 11. Total deductions: a.) PF b). ESI c.) Others 12. Net wages paid: Employer / Pay-in-charge signature | | | | | | | | | | | | |

ANNUAL RETURN

Form No. VI [See rule 45]

Return for the year ending the 31st December

*(1) Name of the establishment and postal address _________________________________

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

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

(d) Person responsible for payment of wages
(name, address, email and phone number)

Number of days worked during the year _________________________________
Number of man days worked during the year _________________________________
Total wages paid during the year _________________________________
Details of wages:-
(i) Gross Wages:-
(ii) Deductions:-
(iii) Net wages paid:-
(iv) Deductions:*

| Sr. No. | Number of Cases | | Total amount | | | --- | --- | --- | --- | --- | | | | Rupees | Paisa | | (a) | Fines | | | | | (b) | Deductions for damage or loss | | | | | (c) | Deductions for breach of contract | | | | | | | | | | | 6. Balance of fines in hand at the end of the year  7. Average daily number of persons employed during the year 8. Arrears of pay in respect of previous year paid during the year_________________________________ 9. Total Number of Employees:- | | | | | | | Male | Female | Adolescent (between the age of 14 to 18 years) | Total | | 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 the Industrial Relations Code, 2020 with date _________________________________ Certified that the information furnished above is to the best of my knowledge and belief, correct. | | | | |

FORM VII

[See rule 50] APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR COMPOSITION OF OFFENCE

1. Name of applicant :
1. Father's /Spouse name

Address of the applicant
Particulars of the offence:
Section of the Code under which the offence is committed.....
Maximum fine provided for the offence under the Code:
Whether prosecution against the applicant is pending or not.....
Whether the offence is first offence or the applicant had committed any other offence prior to the offence. If yes, then, full details of the prior offence.
Any other information which the applicant desires to provide Dated:

SCHEDULE A

Applicant (Name and signature)

{SeeRule 4(3)}

| S.No. | UNSKILLED | | --- | --- | | 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, | | 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, Cattle Yard, 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, | | 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, | | 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 | | 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 | | --- | --- |

| S.No | SEMI SKILLED | | --- | --- | | 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 | | 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 | | 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 | | 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) | | --- | --- | | 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 | | 122 | Bearer | | 123 | Breakman | | 124 | Crowlder Man | | 125 | Laboratory Boy | | 126 | Points man Sencummy | | 127 | Stone mines and other categories by whatever name called which are of semi-skilled nature | | S.No | SKILLED | | 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 II | | --- | --- | | 14 | Machine hand (Class II, III, IV) | | 15 | Machineman | | 16 | Mate Gr. I (Senior) | | 17 | Mechanic | | 18 | Milk Writer | | 19 | Mistry (Head) | | 20 | Moulder | | 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 | | 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 | | 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(Upholstry) | | 87 | Transprayer | | 88 | Tar man | | 89 | Line Man | | 90 | Tiler Class II | | 91 | Wall(Floor, Roof) | | 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 | | 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 | | 130 | Diesel Engine Grade II | | 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 | | 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 |

| 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 II) | | 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 | | 181 | Turner | | 182 | Upholsterer | | 183 | Upholsterer (Grade II and III) | | 184 | Painter Spray (Class II) | | 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 | | 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 | | 237 | Pipe Fitter | | 238 | Supervisor | | 239 | Drafts Man | | 240 | Wireman | | 241 | Timber Man/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 | | 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) | | 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 categories by whatever name called which are of clerical nature |

| S. No. | HIGHLY SKILLED | | --- | --- | | 1 | Artificier Class I | | 2 | Blacksmith Class I | | 3 | Carpenter Class I | | 4 | Machine | | 5 | Hand Class I | | 6 | Mason Class I | | 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 I | | 22 | Varnisher Class I | | 23 | Welder-Cum-Fitter and Air Conditioning Mechanic | | 24 | 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) | | 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 Lorry 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 | | 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 | | 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 |

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Code on Wages (DNH & DD) Rules, 2023

Full rule text

NOTIFICATION

DRAFT RULES CHAPTER I

CHAPTER II

CHAPTER-III

CHAPTER IV

CHAPTER V

CHAPTER VI

CHAPTER VII

CHAPTER VIII

CHAPTER IX

CHAPTER X

MISCELLANEOUS

FORM-I

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

FORM-II

{See rule 41}

Address.....

ANNUAL RETURN

FORM VII

SCHEDULE A

{SeeRule 4(3)}

Official gazette PDF