Madhya Pradesh Social Security Rules (Draft): full text and citation

Government of Madhya Pradesh

Department of Labour

Notification

In exercise of the powers conferred by section 154,156 and 158 of the code, Social Security, 2020 (36 of 2020) and in supersession of the –

(i) Madhya Pradesh Employees’ Insurance Court Rules 1963;
(ii) Madhya Pradesh Employees’ State Insurance (Medical Benefit Services System) Rules, 1959;
(iii) Madhya Pradesh Supplies to the Hospitals Established Under The Scheme of Employees’ Estate Insurance Rules 1981;
(iv) Madhya Pradesh Workmen’s Compensation Rules 1962;
(v) Madhya Pradesh Workmen’s Compensation (Occupational Diseases) Rules 1963;
(vi) Madhya Pradesh Maternity Benefit Rules, 1965;
(vii) Payment of Gratuity (Madhya Pradesh) Rules, 1973; and
(viii) Madhya Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rule, 2002. The Employees' State Insurance Act, 1948 (34 of 1948), The Maternity Benefit Act, 1961 (53 of 1961), The Payment of Gratuity Act, 1972 (39 of 1972), The Building and Other Construction Workers' Welfare Cess Act, 1996 (48 of 1996), The Unorganised Workers' Social Security Act, 2008 (43 of 2008) as the case may be, which are repealed by section 164 of the said code, except things done or omitted to be done before such supersession, is, hereby, published, as required by the said section for information of all persons likely to affected, thereby and the notice is hereby given that the said draft will be taken into consideration after the expiry of a period of 45 days from the date of publication of this draft in the official Gazette. (Objection and suggestion, if any, may be addressed to Deputy Secretary to the Government of Madhya Pradesh, Department of Labour, Mantralaya Vallabh Bhawan Bhopal or Labour Competent Authority, Government of Madhya Pradesh, 518, New Moti Banglow, MG road, Indore 452007; Or by email to dslabourmp@mp.gov.in. or lcmpwelfare@mp.gov.in

Draft Rules

CHAPTER I

PRELIMINARY

1. Short title and extent.-
(1) These rules may be called The Madhya Pradesh Social Security Rules, 2026.
(2) They shall extend to the whole State of Madhya Pradesh.
1. Definitions.-
(1) In these rules, unless the subject or context otherwise requires, —
(a) “Agency” means any corporation, body or institution, established under an State legislature or State Government under taking or special purpose vehicle as notified by the State Government.
(b) “Appeal” means an appeal preferred under clause (b) of sub-section (7) of section 37 and sub-section (8) of section 56 ;
(c) "Appellate authority" means -
(i) the State Government or the authority one Rank above the Competent authority specified by the State Government for the purpose of sub-section (8) of section 56 and;
(ii) ESI Court constituted by the State Government for the purpose of clause (b) of sub-section (7) of Section 37 and a senior officer appointed by the state government on the post of assessing officer for the purpose of section 105, as the case may be |
(d) "Assessing Officer" means a gazetted officer of a State Government or an officer of a local authority holding an equivalent post to a gazetted officer of the State Government appointed by such State Government for assessment of Cess under the Code;
(e) “Authority” means the State Government or the authority specified by the State Government under sub-section (3) of section 72;
(f) “Average daily wages during a contribution period” under chapter IV of the Code in respect of an employee, means the aggregate amount of wages payable to him during that period divided by the number of days for which such wages were payable;
(g) “Average daily wages during a wage period” under chapter IV of the Code means —
(i) in respect of an employee who is employed on time-rate basis, the amount of wage which would have been payable to him for the complete wage period had he worked on all the working days in that wage period, divided by 26 if he is monthly rated, 13 if he is fortnightly rated, 6 if he is weekly rated and 1 if he is daily rated;
(ii) in respect of an employee employed on any other basis, the amount of wages earned during the complete wage period in the Contribution period divided by the number of days in full or part for which he has worked for wages in that wage period: Provided that where an employee receives wages without working on any day during such wage period, he shall be deemed to have worked for 26, 13, 6 or 1 days or day if the wage period be a month, a fortnight, a week or a day respectively; Explanation.— Where any night shift continues beyond midnight, the period of the night shift after midnight shall be counted for reckoning the day worked as part of the day preceding;
(h) “Benefit period” means the period not exceeding six consecutive months corresponding to the contribution period, as may be specified in the Regulations;
(i) “Board” means the Madhya Pradesh Unorganised Workers Welfare Social Security Board known as "Madhya Pradesh Urban and Rural Unorganized Workers Welfare Board" and the Madhya Pradesh Building and other Construction Workers Welfare Board constituted under section 6 and section 7 as relevant;
(j) “Career center” means District Employment Exchanges of Employment Department of the State Government, or any other centers notified by the State Government;
(k) “Chairperson” means the Chairperson of the Madhya Pradesh Building and Other Constructions workers' Welfare Board, the Madhya Pradesh Urban and Rural Unorganized Workers Welfare Board, the Standing Committee, the Medical Benefit Committee or the Executive Committee, as the case may be;
(l) “Cess collector” means an officer appointed by the State Government for collection of cess under the Code.
(m) “Chartered engineer” means a person having an engineering degree and the corporate membership of institute of Engineers India;
(n) “Code” means the Code on Social Security, 2020 (36 of 2020);
(p) “Electronically” means any information submitted by email or uploading on the designated portal or digital payment in any mode for the purpose of Code;
(q) “Form” means a form appended to these rules;
(r) “Fund” means Social Security Fund, as specified in section 108 and Section 141 as the case may be;
(s) “Government” means Government of Madhya Pradesh;
(t) “Government Securities” means Government Securities as defined in the Government Securities Act, 2006 (38 of 2016);
(u) “Immovable property” includes land, benefits to and arise out of land, things attached to the earth, or permanently fastened to anything attached to the earth;
(v) "minor" means a person who has not attained the age of eighteen years.
(w) “Movable property” means property of every description except immovable property;
(x) “nodal officer” means a person designated by Building and Other Construction workers’ welfare Board or the State Government to facilitate the registration, renewal and updation electronically or otherwise or any such other function of building workers working in the private sector, State Government, Central Government and public sector undertakings of the Central and the State Governments or local authority. The Nodal officer shall also supervise and monitor functions of the beneficiary registering officers designated by the State Government;
(y) “Nomination” means nomination made under section 55 of the code;
(z) “Portal” means Shram Seva Portal or official web portal of Labour Department, Government of Madhya Pradesh with any other name;
(z a) “Registered Medical Practitioner” means a medical practitioner whose name has been enrolled in a register maintained under any law for the time being in force regulating the registration of practitioners of medicine;
(zb) “register of women employees” means a register of women employees maintained under rule 55;
(zc) “schedule” means the schedule of the Code;
(zd) “section” means a section of the Code;
(z e) “specified” means specified by an order of the Central Government or any State Government or any officer so authorised by such Government;
(7f) “State Government “means Government of Madhya Pradesh. The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have their respective meaning as assigned to them in the Code.

CHAPTER II

SOCIAL SECURITY ORGANISATIONS

A. MADHYA PRADESH UNORGANISED WORKERS SOCIAL SECURITY

BOARD

(1) seven representing the employees of unorganized workers ;
(2) seven representing the employers of unorganized workers;
(3) two members representing the legislative assembly of the Madhya Pradesh ;
(4) five members representing eminent persons from civil society;
(5) ten members representing the State Government Departments concerned: Provided that adequate representation shall be given to persons belonging to the Schedule castes, the schedule tribes, the minorities and women.
(e) Member secretary as notified by the state government; Apart from the chairman of Madhya Pradesh Unorganized Workers Social Security Board, all other members who will be nominated by the state government will be eminent persons in the fields of labour welfare, management, finance, law and administration.
(2) Terms of Office.- A member appointed under clauses (d) and (e) of sub-rule (1) of rule 3 shall, unless he resigns his office or dies or otherwise vacates his office at an earlier date, hold office for a period for three years from the date of publication of the notification in the Madhya Pradesh Gazette appointing him as a member of the Board and shall be eligible for reappointment: Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the Official Gazette.
(3) Resignation.-
(i) A member appointed under clauses (d) and (e) of sub-rule (1) rule 3 may resign by writing under his hand addressed to the State Government.
(ii) The resignation shall take effect from the date of its acceptance by the State Government.
(4) Vacation of office.- A member appointed under clauses (d) and (e) of sub-rule (1) of rule 3 shall be deemed to have vacated his office, if –
(i) he is declared to be of unsound mind or an undischarged insolvent by a competent court; or
(ii) he is convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(iii) he is absent from three consecutive meetings of the Board without leave of absence from the Chairperson; or
(iv) HE ceases to represent the interest for representing which he was appointed;
(i) The Board shall ordinarily meet once in three month: Provided that the Chairperson shall, within fifteen days of the receipt of a requisition in writing from not less than one third of the members of the Board, call a special meeting thereof.
(ii) No business shall be transacted at any meeting of the Board, unless at least 11 members are present, of whom at least one shall be from among those appointed under clause (a), (b) and (c) of sub-rule(1) rule 3. Provided that when the Chairperson, calls a meeting for considering any matter which in his opinion is of urgent nature, notice of not less than three days shall be deemed sufficient.
(8) Chairperson to preside at meetings.- The Chairman will preside over all the meetings of the Board and if the Chairman is unable for any reason to be present in the Board meeting, the Vice-Chairman will preside over the meeting.
(9) Transaction of Business.- All questions which come up before any meeting of Board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the Chairperson, or in his absence, the person presiding, shall have a second or casting vote.
(10) Minutes of meeting. - The proceedings of each meeting of the Board shall be recorded and circulated to all members after approval by the Chairperson as soon as possible after the meeting, subject to confirmation in the next meeting of the Board. After such confirmation, they shall be recorded in a Minute Book, which shall be kept for permanent record.
(11) Allowances payable to Non-official members.- Travelling allowance and daily allowance will be paid at the rates permissible to the first class officers of the state government to each government member to attend the meetings of the board and its sub-committees.
(12) Sub-Committees of the Board.-
(i) The Board may appoint such sub-committees, as it may deem fit for the proper discharge of its duties.
(ii) Each sub-committee will be headed by the chairman of the board and will have an equal number of unorganized workers, employers and members of the board representing the state government..
(iii) In the absence of the Chairman, the members present of the Sub-Committee shall elect one of their own to preside over the meeting.
(iv) No work shall be performed at a meeting of the Sub-committee unless at least one-third of its members are present, of which there shall be one representing the members and at least one unorganized worker.
(v) The term of any sub-committee except the sub-committee constituted for the short-term purpose shall be one year from the date of its constitution, but the sub-committee shall continue to function until a new sub-committee is formed, but in any case, no sub-committee shall function beyond the period of two years from the date of its original formation.
(vi) The recommendations of each sub-committee shall be placed before the Board for its decision.
(13) Appointment of Secretary, other officers and Staff.-
(ii) Board may appoint such other officers and employees, as it may consider necessary for the efficient discharge of its functions: Provided that no post shall be filled up in the Board, unless its creation, has first been approved by the State government.
(14) Duties and functions of Board.-
(1) Under sub-section (15) of section 6 of the Code, the Board shall adopt the following procedure for the performance of its duties, a scheme stipulating the procedures, formats and all other residual matters regarding each facility or group of facilities specified by the Board and the Code. Not expressly provided in these rules, Board shall prepare and recommend to the State Government under which the following shall be mentioned-
(i) rates at which various facilities will be payable;
(ii) application procedure and format;
(iii) procedure for sanctioning and competent authority to grant approval;
(v) any other incidental matters.
(2) Board can advise the State Government from time to time on the points related to the administration of Code.
(3) Undertake such other functions as are assigned to it by the state government from time to time.
(15) Recruitment procedure and service conditions of officers and staff of the Board.-
(i) Classification, pay scales, allowances, recruitment procedure, and terms and conditions of service of officers and employees of the Board, will be such as may be determined by the Board with the prior approval of the State Government.
(ii) If in any specific case, any dispute or difficulty arises regarding the interpretation or enforcement of a provision, the matter shall be referred to the State Government, whose decision shall be final thereon.

B. MADHYA PRADESH BUILDING AND OTHER CONSTRUCTION

WELFARE BOARD The terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building and other construction Welfare Board and the manner of filling of casual vacancies of such members, the terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the said Board under clause (c) of sub-section (5) of section 7.

4. Name of the Board.– “Madhya Pradesh Building and other construction workers welfare board”
(1) Constitution of the Board.—The Board shall consist of-
(i) The Minister in-charge Labour Department, Madhya Pradesh as the ex-officio Chairperson,
(ii) A member to be nominated by the Central Government,
(iii) Five members to be appointed by the State Government representing Government Departments of whom two shall be representatives of Labour and one shall be representative of Finance Department and two shall be representatives of Departments engaged in building or other construction worker,
(iv) Five members to be appointed by the State Government representing building workers, and
(v) Five members to be appointed by the State Government representing employers of building workers:
(2) Term of Office. — A member appointed under clauses (iv) and (v) of rule 4 shall hold office unless he resigns his office or dies or otherwise vacates his office at an earlier date, hold office for a period for three years from the date of publication of the notification in the Madhya Pradesh Gazette appointing him as a member of the Board and shall be eligible for reappointment: Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the Official Gazette.
(3) Resignation.—
(i) A member appointed under clause (iv) and (v) of rule 4 may resign by writing under his hand addressed to the State Government;
(ii) The resignation shall take effect from the date of its acceptance by the State Government.
(4) Vacation of office .- A member appointed under clauses (iv) and (v) of rule 4 shall be deemed to have vacated his office, if –
(i) he is declared to be of unsound mind or an undischarged insolvent by a competent court; or
(ii) he is convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(iii) he is absent from three consecutive meetings of the Board without leave of absence from the Chairperson; or
(iv) he ceases to represent the interest for representing which he was appointed; or
(5) Filling up of casual vacancies. - A member appointed to fill a casual vacancy, arising due to death, resignation or otherwise of the member shall hold office for the remaining period of the term of office of the member, in whose place he is appointed.
(6) Meeting of Board and Quorum.-

Provided that the Chairperson shall, within fifteen days of the receipt of a requisition in writing from not less than one third of the members of the Board, call a special meeting thereof.

(ii) No business shall be transacted at any meeting of the Board, unless atleast 6 members are present, of whom at least one shall be from among those appointed under sub-rule (3) of rule 4.
(7) Notice of meeting and list of business.- Notice intimating the date, time and venue of every meeting, together with a list of business to be transacted at the meeting, shall be sent by registered post or by special messenger, to each member fifteen days before the meeting of each Board separately:
(8) Chairperson to preside at meetings.- The Chairman will preside over all the meetings of the Board and if the Chairman is unable for any reason to be present in the Board meeting, the Vice-Chairman will preside over the meetings. All questions which come up before any meeting of Board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the Chairperson, or in his absence, the person presiding, shall have a second or casting vote.
(10) Minutes of meeting. - The proceedings of each meeting of the each Board shall be recorded and circulated to all members after approval by the Chairperson as soon as possible after the meeting subject to confirmation in the next meeting of the Board. After such confirmation, they shall be recorded in a Minute Book, which shall be kept for permanent record.
(11) Allowances payable to Non-official members.— Travelling allowance and daily allowance will be paid at the rates permissible to the first class officers of the state government for each government member to attend the meetings of the board and its sub-committees.
(12) Sub-committees of the Board.—
(i) The Board may appoint such sub-committees, as it may deem fit for the proper discharge of its duties.
(ii) Each sub-committee will be headed by the chairman of the board and will have an equal number of unorganized workers, employers and members of the board representing the state government.
(iii) In the absence of the Chairman, the members present of the Sub-Committee shall elect one of their own to preside over the meeting.
(13) Opening of Regional Offices.—
(a) all matters related to the administration of the fund, including setting policies for the allocation of funds in it;
(b) submission of annual budget, annual report and audited accounts to the government under the Code;
(c) proper maintenance of accounts as per the provisions of the Code and its annual audit;
(d) collection of contribution and other charges in the fund;
(e) performing the functions specified in and under the Code;
(f) the Board shall, from time to time, give such information to the Government as it wishes.
(ii) Notification of schemes by the Board stipulating procedural and other residual matters related to the facilities – The Board shall formulate a scheme which provided in the code and these rules, laying down the procedure formats and all other residual matters regarding each facility or group of facilities specified and notification of the scheme with prior approval of the State Government under which will happen ;
(a) rates at which various facilities will be payable;
(b) application Procedure and format;
(c) procedure for sanctioning and competent authority to grant of approval;
(d) procedure for disbursement; and
(e) any other incidental matters.

(15) Appointment of Secretary, other Officers and Staff.—

(i) Board shall, with prior concurrence of the State Government appoint an officer of Indian Administrative Service / State Administrative Service of selection grade / an officer not below the rank of a Deputy Labour Commissioner as Secretary of the Board;
(ii) Board may appoint such other officers and employees, as it may consider necessary for the efficient discharge of its functions: Provided that no post shall be filled up in the Board, unless its creation, has first been approved by the State Government.
(16) Recruitment Procedure and Service Conditions of Officers and Staff of the Board.—
(i) Classification, pay scales, allowances, recruitment procedure, and terms and conditions of service of officers and employees of the Board, as may be determined by the Board with the prior approval of the State Government;
1. Amount in connection with premium for Group Insurance Scheme of the beneficiaries under clause (c), the educational schemes for the benefit of children of the beneficiaries under clause (d) and the medical expenses for treatment of major ailments of a beneficiary or, such dependant under clause (e) of sub-section (6) of section 7.- Notwithstanding the welfare schemes mentioned in the sub-section (6) of the section 7 of the Code, the Board shall also formulate following scheme(s) for the Building workers and notification with prior approval of the state government:
(1) pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries;
(2) frame educational schemes for the benefit of children of the beneficiaries; and
(3) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent.

CHAPTER III

EMPLOYEES' PROVIDENT FUND

CHAPTER IV

EMPLOYEE INSURANCE COURT

6. Manner and time within which second appeal may be filed to the Employees' Insurance Court by the Insured Person or the Corporation under clause (b) of sub-section (7) of section 37.- The Insured Person or the Corporation may appeal to the Employees’ Insurance Court by presenting an application within ninety days of the date of communication of the decision of the Medical Board or of the Medical Appeal Tribunal to the Insured Person or the Corporation, as the case may be: Provided that the Employees’ Insurance Court may entertain an application after the period of ninety days, if it is satisfied that the appellant had sufficient reasons for not presenting the application within the said period.
1. Procedure to be followed by the Employees insurance court under sub-section (2) under sub-section (3) of section 50.-
(1) Composition of the Court and place of sitting. -
(i) a court shall ordinarily consist of one judge: provided that the government may by notification in the official gazette appoint two or more judges to a court for any particular proceedings or class of proceedings for such period as may be specified in the notification;
(3) Fixing of time of sitting etc.- where there is one Court for two or more local areas. -
(i) Where one Court is constituted for two or more local areas the Court shall, subject to the approval of the Government, appoint the time at which the court shall sit in respect of each local area or in respect of any class of proceedings under the Code.
(ii) A notice of the time appointed under sub-rule. (1) shall be published in such manner as the Government may, from time to time, direct.
(4) Procedure where there are more judges than one. -
(i) Where more than one Judge has been appointed to a Court, the Government shall specify their rank and precedence.
(ii) The senior Judge for the time being shall, from time to time, make such arrangements, as he thinks fit, for the distribution of business of the Court among the Judges thereof.
(iii) When two or more Judges sitting together, differ on any question the opinion of the majority of such Judges shall prevail, where there is no majority, the opinion of the senior most Judge shall, unless the Government otherwise directs, prevail.
(5) Abolition, etc. of a Court.– The Government may, by notification in the official gazette abolish any court or by a like notification alter the jurisdiction of any court.

Conditions of Service of Judges etc.

(6) Appointment, salaries, allowances, etc. -
(i) The Government may appoint a person qualified under section 48 of the code to be judge of the court.
(ii) A judge shall receive such salary and allowances as the government may from time to time determine.
(iii) A judge shall receive dearness allowance , Compensatory city allowance , house rent allowance and other allowances at such rate and conditions as are
(v) A Judge shall be entitled to travelling allowances for journeys performed on official business in accordance with the scale applicable to the class of officers to which in the opinion of the government such judge belongs.
(vi) A Judge shall be subject to such other conditions of service, as the Government may determine.
(vii) Notwithstanding, anything contained in sub rule (2) to (5) the pay, allowances and other conditions of service of a Judge, if he is a person already in the service of the government shall be such as the government may by a general or special order, from time to time, determine.
(7) Appointment of other officers and subordinate staff. -
(i) The Government may appoint such ministerial officers and other subordinate staff as may be necessary for the exercise and, performance of the powers and duties conferred and imposed on a Court by or under the Code.
(ii) The ministerial officers and the subordinate staff of a Court shall exercise such powers and discharge such duties as the Judge, or, if there are more judges than one, the senior judge, may, subject to any order of the Government from time to time, direct.
(iii) The ministerial officers and the subordinate staff of a Court shall be subject to such conditions of service and draw such salaries and other emoluments and receive such benefits as may be fixed by the Government.

Administrative Control and Court Seal

(ii) comply with such requisitions as may, be made by the High Court or the Government for submission of service records, returns and statements in such forms and in such manner as the authority making the requisition directs.
(i) Every proceeding under section 49 shall be instituted by presenting an application to the Court.
(ii) Every such application shall be verified in the same manner as a pleading in a Civil Court and shall be accompanied by two copies thereof.
(iii) An application shall be presented in Form I. It shall be duly stamped in accordance with these rules, and shall contain the following particulars :-
(a) the name of the Court in which the application is brought;
(b) the full name including the father's name, description including age, occupation and place of residence of the applicant;
(c) the full name including the father's name, description including age, occupation and place of residence of the opposite party so far as they can be ascertained;
(d) where the applicant or the opposite party is a minor or a person of unsound mind a statement to that effect and the full name, age, occupation and address of his or her next friend or guardian;
(e) the facts constituting the cause of action and the date when it arose;
(f) the facts showing that the court has jurisdiction;
(g) particulars giving the address within the jurisdiction of the Court at which notice or summons may be served on the applicant; and
(h) the relief which the applicant claims.
(iv) The application may be rejected if it is not in accordance with sub-rule (3).
(11) Production of documents.-
(i) When any application is based upon a documents, the document shall be appended to the application.
(ii) Any other document which any party desires to tender in evidence shall be produced at or before the first hearing.
(iii) Any document which is not produced at or within the time specified in sub-rule (1) or (2), as the case may be, shall not, without the permission of the Court, be admissible in evidence on behalf of the party who should have produced it.
(iv) All such documents shall be accompanied by an accurate list thereof prepared in the manner prescribed in Form II.
(12) Register of proceedings. - All applications shall be entered in a Register in Form III called the register of proceedings. Such entries shall be serially numbered for every calendar year according to the order in which the applications are presented.
(13) Place of suing. - In cases not falling under sub-rule (2) of Rule 1, a proceeding against any person shall be instituted in the Court within the local limits of whose jurisdiction.
(i) the opposite party or each of the opposite parties where there are more than one, at the time of commencement of the proceedings actually and voluntarily resides, or carries on business, or personally works for gain; or
(ii) any of the opposite parties, where there are more than one, at the time of the commencement of the proceeding, actually and voluntarily resides, or carries on business, or personally works for gain provided that in such case either the leave of the court is given, or the opposite parties who do not reside, or carry on business or personally work for gain as aforesaid, acquiesce in such institution; or
(iii) the cause of action, wholly or in part, arose.
(14) Application presented to wrong Court. -
(1) If on receiving an application it appears to the Court that it should be presented to another Court, it shall return it to the applicant after endorsing upon it the dates of the presentation and return with the reasons for returning it and the designation of the Court to whom it should be presented.
(2) If it appears to the court at any stage subsequent to the presentation of an application, that the application should have been presented to another Court, in the same State, it shall send the application to the Court empowered to deal with it and shall inform the applicant (and the opposite party, if he has received a copy the application under rule 18), accordingly.

(15) Issue of summons. -

(1) On receiving an application the Court shall, if the same has not been rejected under sub-rule (4) of rule 11, within three days thereof, cause to be sent to the party from whom the applicant claims relief (hereinafter referred to as the 'opposite party'), a summons in Form IV or Form V, as the case may be and answer the application in a day, not later than fifteen days from the day of issue of such summons, to be specified therein :

(16) Service of summons or notice.-

(2) Where the Court is satisfied that there is reason to believe that the opposite party is avoiding service or that for any reason the summons or the notice cannot be served in the ordinary way, the court shall order the summons or the notice to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house in which the opposite party is known to have last resided or carried on business or personally worked for gain or in such other manner as the Court thinks fit. and it shall be effectual as if it had been made on the opposite party personally.
(3) Where a summons or notice is served under sub-rule (2), the Court shall fix such time for the appearance of the opposite party as the circumstances of the case may require.

(17) Additional matters in the summons. -

The Court shall determine at the time of issuing the summons, whether it shall be for the settlement of the issues only and /or for the final disposal of the application and the summons shall contain a direction accordingly. The Court may also call upon the parties to produce upon that date any evidence which they wish to render.

(18) Proceedings involving disablement question. -

If in any proceeding before the Court is disablement questions (As defined in the section 37 of the Code) arises and the decisions of a Medical Board or a Medical Appeal Tribunal has not been obtained on the same and the decision of such questions is necessary for determination of the claim or question before the court that court shall direct the Corporation to have the question decided as laid down in section 37 and shall thereafter proceed with the determination of the claim or question before it in accordance with section 49. to take the application as for instance, fraud, undue influence or coercion release, payment, performance of facts showing illegality of the transaction.

(20) Failure to present written statement called for by the Court.- Where any party from whom a written statement is required fails to present the same within the time prescribed by the Court may, pronounce judgment against him or make such order in relation to the proceeding as it thinks fit.
(i) At the first hearing of the application, after the summons has been issued, the Court shall, after considering the application and the written statement, if any, or after such examination of the parties or any person or any document as may appear necessary, ascertain upon what material proposition of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues upon which the right decision appears to depend.
(22) Order where parties are not at issue.- Where at any hearing of the case it appears that the parties are not at issue on any question of law or of fact the Court may at once pronounce its final order.
(ii) When neither party appears when the application is called on for hearing, the Court may make an order that the application be dismissed.
(iii) Where the opposite party appears and the applicant does not appear when the application is called on for hearing, the Court shall make an order that the application be dismissed unless the opposite party admits the claim or part thereof in which case the court shall make an order against the opposite party upon such admission and where party only of the claim has been admitted it shall dismiss the case so far as it relates to the remainder.
(iv) Where the applicant appears and the opposite party after receiving the summons fails, to appear, when the application is called on for hearing the Court may proceed ex-parte.
(v) Where the application is wholly or partly dismissed under sub-rule (2) or (3), the applicant may within thirty days of such dismissal apply in Form VI for an order to set the dismissal aside and the Court shall, if it is satisfied that he was prevented from appearing when the proceeding was called on for hearing due to any sufficient cause make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and may proceed with the case or appoint a day for proceeding with the same : Provided that no order under this sub-rule shall be made in respect of an application which is dismissed under sub-rule (3) unless notice of the application has been served in Form 7 on the opposite party.
(vi) In any application in which an ex-parte order has been passed against the opposite party, he may within thirty days from the date of such order apply in Form VI to the Court which passed the order, to set it aside and, if the Court is satisfied that he was prevented from appearing when the proceedings was called on for hearing due to any sufficient cause, it may after serving notice thereof to the applicant in Form VII make an order setting aside the order upon such terms as to costs or otherwise as it thinks fit and may proceed with the hearing of the case or appoint a day for proceeding with the same.
(24) Summoning of witness.-
(i) At any time after framing of the issues the Court may call upon the parties to produce their evidence in support of the issues.
(iii) The Court may, before summoning any witness on application under sub- rule (2), require that his reasonable expenses to be incurred in attending the Court be deposit with it.
(25) Grant of time and adjournment of hearing. -
(ii) In every such adjournment the Court shall fix a day not exceeding fifteen days from the date on which such adjournment is made for the further hearing of the application and may make such order as it thinks fit with respect to the costs occasioned by the adjournment: Provided that when the hearing of the evidence has once begun the hearing of the application shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded.
(26) Right to begin proceeding. - The applicant has the rights to begin unless the opposite party admits the facts alleged by the applicant and contends that either in point of law or on some additional facts alleged by the opposite party, the application is not entitled to the relief which he seeks, in which case the opposite party has the right to begin.
(27) Statement and production of evidence. -
(i) On the day fixed for the hearing of the application or on any other day to which the hearing is adjourned the party having the right to begin shall state his case and produce his case and produce his evidence in support of the issues which he is bound to prove.
(ii) The other party shall then state his case and produce his evidence, (if any) and may then address the Court generally on the whole case.
(iv) Notwithstanding anything contained in this rule the Court may order that the production of evidence or the address to the Court may be in any order which it may deem fit. The evidence of each witness shall be taken down in writing by the Judge or where there is more than one Judge by the junior Judge, or at the dictation of any such Judge in the open Court in the language of the Court, not ordinarily in the form of question and answer but in that of a narrative and, when completed, shall be read over or translated, where necessary, in the presence of such Judge, to the witness, and such Judge shall if necessary, correct the same, and shall sign it.
(29) Recall of a witness.- The court may at any stage of a proceeding recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such question to him as the Court thinks fit.
(30) Inspection by Court.- The Court may at any stage of a proceeding inspect any property or thing concerning which any question may arise.
(31) Pronouncement of order. - The Court, after the application has been heard, shall pronounce its final order in open Court, either at once or on some future day, of which due notice shall be given to the parties.
(32) Signing of order.- The final order shall be dated and signed in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save in the case of clerical or arithmetical mistake arising from accidental slip or omission.
(33) Statement of decision on each issue. - In cases in which issues have been framed, the Court shall state its finding or decision, with the reason there for, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the case.
(35) Finality or Order. - Save as provided in section 52 the order of a Court shall be final and binding upon the parties.
(36) Costs.-
(37) Contents of the decree.-
(1) A decree in Form IX shall be prepared in conformity with the order made by the Court it shall contain the number of the application, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the proceeding.
(2) The decree shall also state the amount of costs incurred in the proceeding and by whom and in what proportion such costs are to be paid.
(3) The Court may direct that the cost payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.
(38) Certified copies of order, decree etc. to be furnished.-
(39) Execution.-
(1) Any person in whose favour an order has been passed shall, within one year from the date of the order, apply in Form X to the Court which made the order for its execution.
(2) On such, application being made, the court shall send the same together with the necessary record to a Civil Court, of competent jurisdiction, for its execution and such civil court shall have the same power in executing such order as, if it had been passed by it.
(41) Fees.- Provided that the fee for an application for obtaining a copy or translation of any document on record or statement, order to decree presented to or made before or by the Court, as the case may be, shall be Two Rupees.
(44) In respect of matters relating to procedure or admission of evidence for which no specific provision is made in these rules, the provisions of the Code of Civil Procedure, 1908 and The Bharatiya Sakshya Adhiniyam, 2023 shall so far apply.”

10. Time, form and manner of nomination by an employee under sub-section (I), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55.-

(1) A nomination shall be in Form-XI and submitted in duplicate by the employee either by personal service, after taking proper receipt or by registered post acknowledgement due or electronically to the employer,
(6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the employer.
(a) An employee who is eligible for payment of gratuity under the Code, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-XII to the employer: Provided further that an employee on fixed term employment shall be eligible for gratuity, if he renders service under the contract for a period of one year and he shall be paid gratuity at the rate of fifteen days’ wages, based on the rate of wages last drawn by him, for every completed year of service or part thereof in excess of six months. Provided that an application in plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him.
(c) A legal heir of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of section 53 shall apply, ordinarily within one year from the date of gratuity became payable to him, in Form-XII to the employer.
(e) An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Code shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the competent authority for his decision.
(f) An application under this rule shall be presented to the employer either by electronically or personal service or by registered post acknowledgement due.
(2) Notice for payment of gratuity.- In the case of denial of gratuity a copy of the notice shall be endorsed to the competent authority.
(c) If the claimant for gratuity is a nominee or a legal heir, the employer may ask for such witness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim, as the case may be. In that case, the time limit specified for issuance of notices under clause (a) of sub-rule (2) shall be operative with effect from the date such witness or evidence, as the case may be, called for by the employer is furnished to the employer.
(3) Mode of payment of gratuity.- The gratuity payable under the Code shall be paid through Demand Draft or by crediting in the bank account of the eligible employee, nominee or legal heir, as the case may be: Provided that intimation about the details of payment shall also be given by the employer to the competent authority of the area.
(i) refuses to accept a nomination under rule 34 or to entertain an application sought to be filed under sub-rule (1), or
(ii) issues a notice under clause (a) of sub-rule (2) either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or Provided that the competent authority may accept any application under this sub-rule, on sufficient cause being shown by the applicant, after the expiry of the specified period.
(b) Application under clause (a) sub-rule (4) and other documents relevant to such an application shall be presented in person to the competent authority or shall be sent by registered post acknowledgement due or electronically.
(a) On receipt of an application under sub-rule (4) the competent authority shall, by issuing a notice in Form-XV, by electronically or registered post acknowledgment due or in person call upon the applicant as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorised representative together with all relevant documents and witnesses, if any.
(7) Administration of oath.-
The competent authority may authorise a clerk of his office to administer oaths for the purpose of making affidavits.
(8) Summoning and attendance of witnesses.- The competent authority may, at any stage of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him, and on such terms as may appear to the competent authority just, issue summons to any person in Form-XV either to give evidence or to produce documents or for both purposes on a specified date, time and place.
(9) Service of summons or notice.-
(10) Maintenance of records of cases by the competent authority.-
(a) The competent authority shall record the particulars of each case under section 56 and at the time of passing orders shall sign and date the particulars so recorded.
(b) The competent authority shall, while passing orders in each case, also record the findings on the merits of the case and file it together with the memoranda of evidence with the order sheet.
(c) 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.
(g) The competent authority shall, on receipt of the decision of the appellate authority, make necessary entry in the records of the case maintained by him.

Where an employer fails to pay the gratuity due under the Code in accordance with the notice by the competent authority under sub-rule (11) or sub-rule (12), as the case may be, the employee concerned, his nominee or legal heir, as the case may be, to whom the gratuity is payable may apply to the competent authority in duplicate in Form XVII for recovery thereof under section 129 of the Code.

12. Appointment of competent authority.- The competent authority shall be appointed by the State Government by notification.
1. Authority to whom an appeal may be preferred under sub-section (3) of section 72.-
(1) Complaint under section 72.—
(a) A complaint under sub-section (1) of section 72 shall be made in writing in Form-XVIII as the case may be.
(2) Appeal under section 72.—

EMPLOYEE'S COMPENSATION

1. The amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub section (7) of Section 76.- Amount of Funeral :- If the injury of the employee result in his death, the employer shall, in addition to the compensation under sub section (1), deposit with the competent authority a sum of not less than Rs. 15,000/- or such amount as may be notified by the State Government for the payment of the same to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependent or was not living with his dependent at the time of his death, to the person who actually incurred such expenditure: If the Central Government enhances the amount specified in this sub-section, it shall be followed by the State Government.
(1) When application may be made without medical certificates.- Application for review of a half-monthly payment under Section 79 of the code may be made without accompanying a medical certificate :-
(c) by the workmen, on the ground that the employer, having commenced to pay compensation, has ceased to pay the same, notwithstanding the fact that there has been no change in the workmen's condition such as two warrant such cessation;
(d) either by the employer or by the workmen, on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means;
(e) either by the employer or by the workman on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record.
(3) Procedure on application for commutation. -
(2) When, in any case to which sub-rule (1) applies, the Competent Authority is unable to form an approximate estimate of the probable duration of the disablement, he may from time to lime postpone a decision on the application for a period not exceeding two months at any one time.
1. Class of employers and the form of notice book under sub section (4) of Section 82.-
1. The frequent interval for medical examination under the proviso to sub section (1) of Section 84.-
(a) send the medical practitioner to the place where the workman is residing for the time being, in which case the workman shall submit himself for medical examination on being requested to do so by the medical practitioner; or
(b) send to the workman any offer in writing to have him examined free of charge by a qualified medical practitioner, in which case the workman shall submit himself for medical examination at the employer's premises or at such other place in the vicinity as is specified in such offer and at such time as is so specified : Provided that :-
(i) the time so specified shall not, save with the express consent of the workman, be between the hours of 7 p.m. and 6 a.m.; and
(ii) in case where the workman's condition renders it impossible or inadvisable that he should leave the place where he is residing for the time being, he shall not be required to submit himself for medical examination save at such place.
(5) Examination after suspension of right to compensation. - If a workman whose right to compensation has been suspended under sub-section (2) or sub-section (3) of Section 84 of the code subsequently offers himself for medical examination, his examination shall take place on the employer's premises or at such other place in the vicinity as may be fixed by the employer, and at a time to be fixed by the employer not being, save with the express consent of the workman more than 72 hours after the workman has so offered himself.
(6) Examination of women.-
(ii) No woman shall be required to be medically examined by a male practitioner if she deposits a sum sufficient to cover the expenses of examination by a female practitioner.
1. The statement to be submitted by the employer in the prescribed form under sub section (1) of section 88.-
(i) The notice to be sent by a Competent Authority under sub-section (1) of Section 88 of the code shall be in Form XXI and shall be accompanied by a blank copy of Form XXII.
(1) Form of Memorandum.- Memorandum of agreement sent to the Competent Authority under sub-section (1) of Section 89 shall, unless the Competent Authority otherwise directs be in duplicate and shall be in as close conformity as the circumstances of the case admit with Form XXIII or Form XXIV or Form XXV, as the case may be.
(2) Procedure where Competent Authority does not consider that he should refuse to record memorandum. - Provided that the notice may be communicated orally to any parties who are present at the time when notice in writing would otherwise issue.
(iii) If on such date, the Competent Authority decides that the memorandum ought not to be recorded, he shall inform the parties
(i) If, on receiving a memorandum of agreement, the Competent Authority considers that there are grounds for refusing to record the same, he shall fix a date for hearing the party or parties desiring the memorandum to be recorded, and shall inform such party or parties and, if he thinks fit, any other party concerned, of the date so fixed and of the grounds on which he considers that the memorandum should not be recorded.
(iii) If, on the date fixed under sub-rule (1), the party or parties desiring the memorandum to be recorded show adequate cause for proceeding to the record of the same, the Competent Authority may, if information has already been given to all the parties concerned, recorded the agreement. If information has not been given to all such parties, he shall proceed in accordance with Rule 20(2).
(4) Procedure on refusal to record memorandum. -
(i) If, in any case, the Competent Authority refuses to record a memorandum of agreement, he shall briefly record his reasons for such refusal. agreement, he shall record his estimate of the probable duration of the disablement of the workman.
(i) Member of State Judicial service who is serving for a period of not less then five years; or
(ii) Advocate with at least five years of practice; or
(iii) Gazetted officer with service not less than five years having educational qualification and experience in personnel management, human resource development, Industrial relation and legal affairs. or
(iv) Officer of the Labour Department not below the rank of Assistant Labour Commissioner / Deputy Director, Industrial Health and Safety.
1. The manner of the notice under sub section (1) and the manner of transmitting money under sub section (3) of section 92.-
(1) Transfer for report.-
(ii) A Competent Authority to whom a case is so transferred for report shall not be required to report on any question of law.
(2) Applications. Any application of the nature referred to in Section 93 may be sent to the Competent Authority by registered post or may be presented to him or to any of his subordinate authorised by him in this behalf and, if so sent or presented, shall unless the Competent Authority otherwise directs, be made in duplicate in the appropriate form, if any, and shall be signed and verified by the applicant in the manner prescribed by Order VI Rule 15 of the Code of Civil Procedure 1908 (V of 1908). (See From XXXI), (See From XXXII), (See From XXXIII)
(ii) Any other document which the applicant desires to tender in evidence shall be produced at or before the first hearing.
(iii) Any document which is not produced at or within the time specified in sub-rule (1) or (2) as the case may be, shall not, without the sanction of the Competent Authority be received in evidence on behalf of the applicant.
(iv) Nothing in this rule applied to any document which is produced for the purposes of cross-examining a witness or is handed to a witness to refresh his memory.
(4) 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
(iii) The Competent Authority to whom an application is transferred under sub-rule (2) may continue the proceedings as if the previous proceedings or any part of them had been taken before him, if he is satisfied that the interest of the parties will not thereby be prejudiced.
(i) The Competent Authority may, after considering application and the result of any examination of the applicant under sub-rule (5), summarily dismiss the application, if, for reasons to be recorded, he is of opinion that there are no sufficient grounds for proceeding thereon.
(ii) The dismissal of the application under sub-rule (1) shall not itself preclude the applicant from presenting a fresh application for the settlement of the same matter. If the Competent Authority does not dismiss the application under sub-rule (8) or sub-rule (7), 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 date on which he will dispose of the application and may call upon the parties to produce upon that date any evidence which they may wish to tender.
(i) The opposite party may, and if so required by the Competent Authority, shall, at or before the first hearing or within such time as the Competent Authority may permit, file a written statement dealing with the claim raised in the application, and any such written statement shall form part of the record.
(10) Framing of issues.-
(i) After considering the written statement and the result of any examination of the parties, the Competent Authority shall ascertain upon what material propositions of fact or of 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.
(11) Power to postpone trial of issues of fact where issues of law arise.-
(12) Diary.- The Competent Authority shall maintain under his hand a brief diary of the proceedings on an application.
(13) Judgement.-
(i) The Competent Authority in passing orders, shall record concisely a judgement, and his finding on each of the issues framed and his reasons for such finding.

(15) Right of entry for local inspection.-

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.

(16) Procedure in connection with local inspection.-

(i) 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 representative notice of his intention to conduct such inspection, unless in his opinion the urgency of the case renders the giving of such notice impracticable.
(17) Powers 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 relating to such case, whether such person has been or is to he called as a witness in the case or not, and whether any or all of the parties are present or not.
(ii) No oath shall be administered to a person examined under sub-rule (1).
(iii) Statements made by persons examined under sub-rule (1), 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 utilised by the Competent Authority for the purpose of arriving at a decision in the case.
(i) If a party states in writing his willingness to abide by the decision of the Competent Authority, the Competent Authority shall inquire whether the other party is willing to abide by his decision.
(ii) If the other party agrees to abide by the Competent Authority's decision, the fact of his agreement shall be recorded in writing and signed by him.
(iii) If the other party does not agree to abide by the Competent Authority's decision, the first party shall not remain under an obligation so to abide.

(19) Procedure where indemnity claimed under Section 85 (2).-

(iv) If any person served with a notice under sub-rule (3) desires to contest the applicant's claim for compensation, or the claim under sub-rule (3) to be indemnified he shall appear before the Competent Authority on the date fixed in the notice in Form XXXV 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 original opposite party or the person served with a notice under sub-rule (1) and to admit his own liability to indemnify the party against whom such award is made for any compensation recovered from him : affecting the substantive 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.
(22) Provisions regarding signature of forms.- Any form, other than a receipt for compensation, which is by these rules required to be 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.
(23) Apportionment of compensation among dependents.- The provisions of this part except those contained in Rules 08, 09 and 21 shall as far as may be apply in the case of any proceedings relating to the apportionment of compensation among dependents of a deceased workman.

23. The manner of authentication of memorandum under section 97.-

(2) The substance of any examination made under sub-rule (1) shall be recorded in the manner provided for the recording of evidence in Section 97.

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER

CONSTRUCTION WORKERS

24. Time limit to pay the amount of cess and the rate of interest in case of delayed payment of cess under section 101.- Time limit to pay the amount of cess and the rate of interest in case of delayed payment of cess under section 101 - If any employer fails to pay any amount of cess payable under section 100 of the Code, within such time as may be specified in the assessment order, or 30 days from the date of issue of the assessment order, whichever is earlier.
1. Fees for appeal under sub-section (2) of section 105.- The such appeal, inter-alia, shall be accompanied with— a non-refundable fee equivalent to half percent, but not exceeding rupees twenty five thousand of the amount in dispute or penalty or both, as the case may be, under such appeal; which will be deposited in Labour Department head of account 0230-00-101-0555 in Cyber Treasury of the State Government.

CHAPTER IX

—

CHAPTER X

FINANCE AND ACCOUNTS

(3) According to sub section (3) of Section 120 Board may be receive Loan / fund in advance form the State Government and return according to terms and condition for the same.
(4) Time to time each of the social security organization with the prior approval of the state government and on such terms as may be prescribed by the state government , constitute for the benefit of its officers and staff or any class of them, such provident or other benefits fund as it may think fit.
(1) Where the State Social Security Board is of the opinion that the amount of contribution, cess, interest and damages due to the State Social Security Board has become irrecoverable, The State Social Security Board or any other officer authorised by it in this behalf with prior approval of Government may sanction the writing off of the said amount, subject to the following conditions, namely: —
(i) establishment has been closed for more than five years and the whereabouts of the employer cannot be ascertained, despite all possible efforts;
(iii) claim for contribution is not fully met by —

CHAPTER XI

Authorities Assessment Compliance & Recovery The inspector cum facilitator can exercise such powers which will be determined by the state government time to time.

29. Form and manner for maintenance of records and registers and other particulars and details under clause (a), manner and form for display of notices

(a) The employer of every establishment in which women are employed shall prepare and maintain a register of women employees in Form XXXVI electronically or in hard copy and shall enter therein particulars of all women workers in the establishment.
(3) The notices shall be displayed at prominent place at the establishment
(4) Annual returns.—
(a) The employer to whom the provisions of Chapter V of the Code applies, on or before the 1st day of February in each year, upload a unified annual return in Form-XXXVII online on the web portal of the State Government in the Ministry of Labour giving information as to the particulars specified, in respect of the preceding year: Provided that during inspection, the Inspector-cum-Facilitator may require the production of accounts, books, register and other documents maintained in electronic form or otherwise. Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).
(b) If the employer to whom 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, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form XXXVII referred to in clause(a) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.

CHAPTER XII

(1) The officer authorized by the State Government by notification for the purposes of compounding of offences under sub-section (1) of section 138 shall issue electronically a compounding notice in Form-XXXVIII for the offences which are compoundable under section 138.
(2) The person to whom a notice has been served may apply in Part III of the Form-XXXVIII to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.
(5) Composition after institution of prosecution. —
(a) The Court may compound any compoundable offence at any time after filing of a complaint under section 138 of the Code.
(b) The provision of section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall apply to such compositions.”
1. Manner and form of reporting vacancies and form of filing the return by the employer, to the concerned career centre under sub-section (2) of section 139.-
(1) Reporting of Vacancies to Career Centre:-
(a) After the commencement of this Code in any State or area thereof, the employer in every establishment in public sector in that State or area shall, before filling up any vacancy in any employment in that establishment, report that vacancy or cause to be reported to such Career Centre, as may be specified in the notification by the State Government.
(1) Establishment in “public sector” means an establishment owned, controlled or managed by -
(i) the Government or a Department of the Government;
(3) The State Government, having no career centre or digital portal of its own, may specify by notification reporting of vacancies by establishments in an area thereof to the digital portal or to the Career Centre of the Central Government.
(2) Type of vacancies and respective Career Centre for reporting of vacancies:
(b) Vacancies other than those specified in clause (a) of sub-rule (2)above, shall be reported to the Career Centre (Regional) concerned.
(b) The vacancies shall be reported in the format given at Form-XXXIX, furnishing as many details as practicable, separately in respect of each type of vacancy.
(4) Time limit in the reporting of vacancies:
(a) Vacancies, required to be reported to the Career Centre (Regional), shall be reported at least fifteen days before the last date of receipt of the applications
(a) After commencement of this Code in any state or area thereof, the employers in every establishment in the public sector in that state or area shall maintain records manually or electronically or digitally about:-
(ii) persons recruited during the year ending on 31st March;
(iii) occupational details of its employees on 31st March of every year;
(iv) vacancies for which suitable candidates were not available during the year ending on 31st March; and
(v) approximate number of vacancies likely to occur during the next financial year.
(b) Appropriate Government may by notification, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishment in private sector shall maintain records manually or electronically or digitally about:-
(i) total number of employees (regular, contractual or fixed term employment) on 31st March of every year;
(ii) persons recruited during the year ending on 31st March;
(iii) occupational details of its employees on 31st March of every year;
(v) approximate number of vacancies likely to occur during the next financial year.
(8) Levy of penalty under the Chapter XIII of the Code: The Director of Employment or an officer of equivalent or above rank, controlling the work of Career Centres (Regional) of the respective State shall be the competent authority to approve institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in section 133.

32. Such other sources of funding and the manner of administering and expending of

the Fund under sub-section (5) of section 141.-

(iv) funded from any source including corporate social responsibility fund within the meaning of the companies act 2013 (18 of 2013) or any other sources as may be specify in the scheme;
(v) any grant or loan received from the Central Government;
(vii) other sources notified by the State Government. The State Government may seek financial assistance from the Central Government for the schemes framed by it.
(2) The scheme will be prepared for the unorganised worker registered as a beneficiary and it's family by the unorganized Social Security Board with the prior approval of the state government and the funds will be utilised under the notified scheme.

33. Time within which the State Board, shall forward its view to the appropriate Government under sub-section (I) section 143.-

The State Board, shall forward its views on the application seeking exemption under section 143 of the Code to the appropriate government within six months of receipt of proposal for exemption. If State Board,is unable to provide its views within the said period, the appropriate government may extend the time limit or take action on the application of exemption, as it may deem fit.

34. Conditions which the exempted establishment or the class of establishments or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-section (2) of section 143.-

(1) The establishment to which exemption has been granted from the provision of Chapter IV of the Code:
(a) shall maintain such records regarding the exempted employees and submit such returns and other information to the Corporation as may be specified by the Central Government in the Regulations; and
(b) in case of change of legal status of an establishment which has been granted exemption under section 143 of the Code, due to merger, demerger, acquisition, sale, amalgamation, formation into a subsidiary, whether wholly owned or not, etc. the exemption shall be deemed to be cancelled and the establishment shall be required to apply afresh for exemption, to the appropriate Government.

35. Manner of determining the misuse of any benifit by an establishment or by any other person specified under Section 148-

(a) claim or payment of benefit in the name of an ineligible person;
(b) obtaining benefit on the basis of false or misleading documents;
(c) wilful misstatement of facts relating to employee, wages, period of work or contribution;
(b) complaints made by any employee, worker, organisation or member of the public;
(c) analysis of departmental records, digital portals or databases;
(d) information received from any other Government department or agency. (iii). Preliminary scrutiny—
(1) The authority shall conduct a preliminary scrutiny on the basis of the information received.
(2) Where such scrutiny reveals a prima facie case of misuse, further inquiry shall be initiated. (iv). Inquiry procedure—
(1) The authority may require the establishment or the concerned person to produce such records, details or explanations as may be necessary.
(3) The inquiry shall be conducted in a fair, transparent and time-bound manner. (v). Determination of misuse—
(1) Where, after inquiry, the authority comes to the conclusion that misuse of benefit has occurred, it shall determine such misuse by a reasoned written order. Upon determination of misuse, the amount of benefit wrongfully obtained shall be recovered in accordance with the provisions of the Code. (vii). Other action— The determination made under these rules shall be without prejudice to any penal or prosecution proceedings under the Code or any other law for the time being in force. (viii). Appeal— Any person aggrieved by an order of determination of misuse may prefer an appeal in accordance with the provisions of the Code. (ix). Removal of difficulties— If any difficulty arises in giving effect to the provisions of these rules, the State Government may issue such directions as may be necessary for removal of such difficulty.

C D (add description and residence) ………………………………………… Opposite party. Other particulars of the application specified in rule 13 ……… Date ........................................ Signature of the applicant

(Verification by the Applicant)

Date .................................. Signature of the applicant

---

---

---

---

---

---

---

---

---

---

---

---

---

---

---
``

## FORM – II
(See Sub rule (11) of rule 7)
| No. | Description of document | The date which the document bears | Signature of the party or pleader or any authorized representative. |
| --- | --- | --- | --- |
| (1) | (2) | (3) | (4) |
|  |  |  |  |
(See Sub rule (12) of rule 7)
Register of Proceedings
Employees’ Insurance Court at ……………… Register of Proceedings in the year 20……………
| Date of presentation of application | No. of Proceedings | Name | Application description | Place of residence |
| --- | --- | --- | --- | --- |
| 1 | 2 | 3 | 4 | 5 |
|  |  |  |  |  |
| Name | Opposite party Description | Place of residence | Par- ticulars | Claim Amount of Value, if any | When the cause of action arise |
| --- | --- | --- | --- | --- | --- |
| 6 | 7 | 8 | 9 | 10 | 11 |
|  |  |  |  |  |  |
| Day for the parties to appear | Appearance applicant | Opposite party | Date | Final Order For whom | For what of amount |
| --- | --- | --- | --- | --- | --- |
| 12 | 13 | 14 | 15 | 16 | 17 |
|  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- |
| Appeal | | | | Execution | | | Other |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Date of description of appeal, If any | Judgment of appeal | Date of applica- tion | Againsts whom | For what & amount of money | Amount of cost | Date of order trans- fering to another Civil Court of .....at | Re mark if any |
| 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
|  |  |  |  |  |  |  |  |
Given under my hand and the seal of the Court, on this ............... Day of ..................20.
- 2. If you admit the claim, you should pay the money into Court together with the cost of the proceedings, to avoid execution of the decree which may be passed against you in person or property or both.
To
................................................................................................................................................................................................................................................................

Whereas …………………… has instituted proceeding against you for …………………….
You are hereby summoned to appear in this Court in person or by authorized agent duly instructed and able to answer all material questions relating to the proceedings or who shall be accompanied by some person able to answer such questions at ………… O’clock in the ……………… noon on the ……………… day of ………………20, to answer the claim, and you are directed to produce on that day all the documents upon that day which you intend to rely in support of your defense.
Take notice that, in default of your appearance on the above mentioned the case will be heard and decided in your absence.
Given under my hand and the seal of the Court on this ............... day of
..............20.
- 2. If you admit the claim, you should pay the money into the Court together with the cost of the suit, to avoid execution of the decree, which may be passed against you in person or property or both.
(See Sub rule (23) of rule 7)
Subject-Application for setting aside the Ex-parte order
The .................................. above named states as follow :-  
(Ground of Application should be stated)
Date ........................................
Signature of the applicant
The statement of facts contained in the application is, to the best of my knowledge and belief, true and correct.

## FORM – VIII
(Title)
Whereas, your attendance is required to ……………… on behalf of the …………………… in the above proceedings, you are hereby required (personally) to appear before this Court on the ……………… Day of ……………… 20 at O’clock in the ……………… Noon and to bring will you (or to send to this ……………… Court)……………….
A sum of Rs.............. as your travelling and the other expenses and subsistence allowance for one day, is deposited with this Court and will be tendered to you on the day you appear before the Court. If you fail to comply with this order without lawful excuse, you will be subject to the consequence of non-attendance laid down in rule 12 of order XVI of the Code of Civil Procedure, 1908 (V of 1908).
Given under my hand and the seal of the Court, on this day of 20.............
COURT
- 2. If you are detained beyond the day aforesaid, a sum of Rs ……… will be tendered to you for each day’s attendance beyond the day specified.

## Decree in case
| Rs. Paise | Rs. Paise |
| --- | --- |
| Stamp for application | Stamp for power |
| Stamp for power | Stamp for written statement |
| Stamp for exhibits | Pleader's fee |
| Pleader's fee | Subsistence for witness |
| Subsistence for witness | Service of summons and Notices |
| Competent Authority's fee | Competent Authority's fee |
| Service of summons and Notices |  |
| Total ........................ | Total ........................ |
| --- | --- |
(See Sub rule (39) of rule 7)
Application for the Execution of Decree
In the Court of ………………… Decree Holder, hereby apply for execution of the decree herein below set forth.
| Number   of   Proceedings | Name/s of   Party/Parties | Date of decree | Whether any   appeal   preferred   from decree | Payment of   adjustment   made, if any |
| --- | --- | --- | --- | --- |
| 1 | 2 | 3 | 4 | 5 |
| III of 1949 | A.B. Opposite   party |  | No. | None |
| Pervious application, if any with date and result | Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree | Amount of costs if any awarded | Against whom to be executed |
| --- | --- | --- | --- |
| 6 | 7 | 8 | 9 |
| Rs. 72-25 Paise recorded on application dated 9 April, 1949 | Rs. 314/51 Paise principal (interest at 6% per annum, from the date of order till payment) | As awarded RS ....... P..... decree ....... Subsequently incurred ..... | Against the opposite party C.D. |
|  |  | Total   ............ |  |
| --- | --- | --- | --- |
| Mode in which the assistance of the Court is required | I pray that the total amount of Rs............ (together with interest on the principal sum upto date of payment) and the cost of taking out this execution be realized by attachment and sale of the opposite party’s movable property as per annexed list and paid to me |
| --- | --- |
| 9 | 10 |
|  | (When attachment and sale of immovable property sought)      I pray that the total amount of Rs............ (together with interest on principal sum up to date of payment) and the cost of taking out this execution be realised by attachment and sale of the opposite party’s movable property specified at the foot of this application and paid to me |
I, …………… Declare that, what it stated herein, is true to the best of my knowledge and belief.
Date the …………… day of 20.
Signature ...............................................
Decree holder

## FORM-XI
## Nomination/Fresh Nomination/Modification of Nomination
(Strike out the words not applicable)
1, Shri/Shrimati/Kumari…………………(Full Name) 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 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).
or
I, Shri/Shrimati/Kumari………………………………(Full Name) 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 , 2020.
- 3. I, hereby, declare that I have no family within the meaning of clause (33) of section 2 of the said Code.
- 5. 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.
Nominee(s)
| S.No. | Full Name 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)
- 3. Religion:
- 5. Department/Branch/Section, where employed:
- 6. Post held with Ticket no. or Serial no., if any:
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.
Signature of the employer/Officer authorised
Designation
Date: Name and address of the establishment or rubber stamp thereof.

## Acknowledgement by the Employee
Received the duplicate copy of nomination in **Form-XI** filed by me and duly certified by the employer.

# FORM-XII
[See sub rule (1) of Rule 11]
Application for Gratuity by an Employee/Nominee/Legal Heir
(Strike out the words not applicable)
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 2020 on account of-
- (a) my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease/ on termination of contract period under fixed term employment with effect from the...................or
- (b)death of the aforesaid employee while in service/superannuation on...................after completion of................years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the................or;
- a. Marital status of employee(unmarried/married/widow/widower)
or
- b. Marital status of nominee/legal heir(unmarried/married/widow/widower)
- c. Relationship of nominee/legal heir with the employee
- d. Full address of nominee/legal heir
- e. Date of death and proof of death of the employee
- f. Reference No. of recorded nomination, if available
- 3. Department/Branch/Section where last employed
- 4. Post held by employee.
- 5. Date of appointment.
- 10. Total gratuity payable to the employee/ share of gratuity claimed by a nominee/legal heir.
- 11. Payment may please be made by crossed bank cheque/credit in my bank account no......
Yours faithfully,
Signature/Thumb-impression of the
applicant employee/nominee/legal heir.
Place:
Date:
- (a) *as required under sub-clause (ii) of clause (a) of sub-rule (2) of rule 35 of the (Central) Rules, 2020, that your claim for payments of gratuity as indicated on your application in Form-IV under the said rules is not admissible for the reasons stated below:

Reasons(Here specify the reasons); or
- (b) *as required under sub-clause (i) of clause (a) of sub-rule (2) of rule 35, the (Central) Rules, 2020 that a sum of Rs. …………….(Rupees…………………) is payable to you as gratuity/as your share of gratuity in terms of nomination made by ……………………on …………………… and …………………… recorded in this …………………… as a legal heir of …………………… an employee of this establishment.
- 2.*Please call at ...........................................on...........................................(Here specify place)...........................................(date) at...........................................(time) for collecting your payment of gratuity crossed cheque.
- 3. Amount payable shall be sent to you through demand draft or shall be credited in your bank account as desired by you.
- (b) Date of termination/superannuation/resignation/ disablement/death.
- (c) Total period of service of the employee concerned:
........................years........................months.
- (d) Wages last drawn:
- (f) Amount payable:
Place:
Date:
officer.
Signature of the Employer/authorised
Name or description of establishment or
rubber stamp thereof.

## FORM-XIV
[See sub-rule (4) of Rule 11]
## Application for Direction before the Competent Authority for Chapter V under,
2020
BETWEEN
(Full name of the applicant with full address)
AND
(Full name of the employer concerned with full address)
The applicant is an employee of the above-mentioned employer/a nominee of late........................................... an employee of the above-mentioned employer/a legal heir of late........................................... and employee of the above-mentioned employer and is entitled to payment of gratuity under section 53 of 2020 on account of his own/aforsaid employee's superannuation on...........................................(date)/his own retirement/aforsaid employees' resignation on...........................................(date) completion of...........................................years of continuous service/his own/aforsaid employees' total disablement with effect from ...........................................(date)due to accident/disease death of aforsaid employee on...........................................
- 2. The applicant submitted an application under Rule..................... of the (Central) Rules, 2020 on the .....................but the above-mentioned employer refused to entertain it/issued a notice dated the..................... under clause .....................of sub-rule of rule.....................offering an amount of gratuity which is less than my due/issued a notice dated .....................the under clause..................... of sub-rule.....................of rule..................... rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed.
- 4 The applicant furnishes the necessary particulars in the annexure hereto and prays that the Competent Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner.
Date:
Signature/Thumb impression of the applicant.

## ANNEXURE
- 4. Marital status of the employee (unmarried/married/widow/widower)
- 5. Name and full address of the employer
- 6. Department/Branch/Section where the employee was last employed (if known)
- 7. Post held by the employee with Ticket or Sl. No., if any (if known)
- 8. Date of appointment of the employee (if known)
- 9. Date and cause of termination of service of the employee (Superannuation / retirement / resignation /disablement / death/Completion of contract period under Fixed Term Employment)
- 10. Total period of service by the employee
- 13. Evidence/witness in support of death of the employee
- 17. Percentage of gratuity payable to the applicant as nominee/legal heir
- 18. Amount of gratuity claimed by the applicant
Place:
Date: Signature/Thumb-impression of the applicant

## [(See Sub rule (5) and (8) of Rule 11)]
To,
(Name and address of the employer/applicant)
Whereas, Shri ...........................................an employee under you/a nominee(s)/legal heir(s)
of Shri...................................................an employee under the above-mentioned
Whereas, your attendance is required to give evidence/you are required to produce the documents mentioned in this list below, on behalf of ………… in the case arising out of the claim for gratuity by ………… Form ………… and referred to this authority by an application under section 56 of the , 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 to send to this authority) the said documents.
Competent Authority
under the Code, 2020
- 4. In case the summon is issued only for producing a document and not given evidence it will be sufficient compliance to the summons if the documents are caused to be produced before the Competent authority on the day and hour fixed for the purpose.

# FORM – XVI
## [See sub rule (11) and (12) of Rule 11 ]
Whereas, a notice was given to you on ...................................................requiring you to make payment of Rs.................................................... to Shri/Smt./Kumari...................................................as gratuity under, 2020.
2. 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 2020; or
Whereas, you/the applicant went in appeal before the appellate authority who has decided that an amount off..................... is due to be paid to Shri/Smt./Kumari.....................as gratuity due under the , 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.
Competent Authority
under the Code, 2020
Copy to:
- 2. The Appellate Authority, if applicable.
Note.--- (Strike out paragraphs if not applicable)

## FORM – XVII
## Application for Recovery of Gratuity before the Competent Authority for Chapter V under the Social Security Code, 2020
Date
BETWEEN
(Full Name of the applicant with full address)
AND
(Full Name of the employer/Trust/Insurer concerned with full address)
- 1. The applicant is an employee of the above-mentioned employer/a nominee of late.............................................
an employee of the above mentioned employer/a legal heir of late ............................................an employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated the ............................................under sub-rule (11) or sub-rule (12) of rule 35 of (Central) Rules, 2020 for payment of a sum of Rs............................................ as gratuity payable under the , 2020.
- 3. The applicant therefore prays that a certificate may be issued under section 129 of the Code for recovery of the said sum of Rs. .......................due to me as gratuity in terms of your direction.
Signature/Thumb-impression of applicant.
Place:
Date:
Note.—Strike out the words if not applicable.

## FORM – XVIII
[See clause (a) of sub rule (1) of Rule 13]

## Complaint to the Inspector-cum-Facilitator
To,
The Inspector-cum-Facilitator
(Under The , 2020)
Sir,
I...... (Name of woman) employed in...... (name and full address of the establishment) or I......, (name), a person nominated under section 72 by or a legal representative of......(name of woman) employed in......(name and full address of the establishment) having fulfilled the conditions laid down in the , 2020 and the Rules thereunder, am entitled to Rs...... being maternity benefit and/ or Rs...... being the medical bonus and/ or Rs...... being wages for leave due under section 65 but the same has been improperly withheld by the employer/discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Chapter VI of , 2020.

## Appeal
## [See Clause (b) of sub rule (2) of Rule 13]
To,
Sir,
Signature or thumb impression of the Women/Aggrieved person
Date................

## Notice Book of Accidents
Date
and
time
of
accident.
Date
and
time
of
notice.
Name of person injured................................................................................................................................................................................................................................................................
Address................................................................................................................................................................................................................................................................
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Signature or thumb-impression
of person giving notice
[To be filled up by the employer or his agent]
Rate of wages................................................................................................................................................................................................................................................................
Nature of injuries................................................................................................................................................................................................................................................................
Names of eye-witnesses................................................................................................................................................................................................................................................................
Note of circumstances................................................................................................................................................................................................................................................................

## Form XXI
[See Sub rule (1) of Rule 18]
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Competent Authority For Workmen's Compensation

## Form XXII
[See Sub rule (2) of Rule 18]
.
- 4. I disclaim liability to pay compensation on account of the deceased's death on the following grounds :-
- (1) Insert name of workman..................
- (2) Insert name of establishment..................
Employer

## Form XXIII
[See sub rule (1) of Rule 19]
The said workmen's monthly wages are estimated at Rs.............. The Workman 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 workman has agreed to pay and the said workman has agreed to accept the sum of Rs.
.......
in full settlement of all and every claim under the Social Security Code 2020, 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................20...
Signature
of
employer............
Witness
.............................................
Note - An application to register an agreement can be presented under 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 the above agreement, I have this day received the sum of Rs.........
Workman................
The money has been paid and this receipt is signed in my presence.
Witness................
It is hereby submitted that on the..............day of..............20.............. personal injury was caused to......................residing at..............by accident arising out of and in the course of his employment in ............... The said injury has resulted in permanent disablement to the said workman of the following nature, namely, the said workman's monthly wages are estimated at Rs..............
The workman is over the age of 15 years/will reach the age of 15 years on...........
Rs................on................Rs................on...................
Date................20....
Signature
of
employer............
Witness...................
Signature
of
Workman.............
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 signatures should be appended, whenever possible.

## Receipt
........
Workman
The money has been paid and this receipt is signed in my presence.
……
Witness

## Form XXV
It is hereby submitted that on the..............day of..............20.... personal injury was caused to residing at..............by accident arising out of and in the course of employment in..............
The said injury has resulted in temporary disablement to the said workman who is at present
in receipt of wages amounting to Rs............ per month no wages. The said workman's
monthly wages prior to the accident are estimated at Rs.......
Signature
of
employer........
Witness..................
Signature
of
Workman.............
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 signatures should be appended, whenever possible.

## Receipt
## Form XXVI
[See clause (i) of sub rule (2) of Rule 19]
Whereas, an agreement to pay compensation is said to have been reached between ............... and ............... whereas...................... has/have applied for registration of the agreement under Section 89(1) of the , 2020, notice is hereby given that the said agreement will be taken into consideration on ............. 20... and that any objections to the registration of the said agreement should be made on that date. In the absence of valid objections it is my intention lo proceed to the registration of the agreement.
.............................................................................
Competent Authority.

## Form XXVII
[See clause (iii) of sub rule (2)of Rule 19]
Take notice that registration of the agreement to pay compensation said to have been
reached between you............and............on the ......................... 20.... has been refused
for the following reasons :-
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
Date................20..
Whereas an agreement to pay compensation is said to have been reached between................and................and whereas................has/have applied for registration of the agreement under Section 89(1) of the , 2020, and whereas it appears to me that the said agreement ought not to be registered for the following reasons, namely :-
an opportunity will be afforded to you of showing cause on why the said agreement should
be registered. If no adequate cause is shown on that date theregistration of the agreement
will be refused.
...............................................................................
Competent Authority

## Form XXIX
[See clause (ii) of sub rule (3)of Rule 19]
Whereas an agreement to pay compensation is said to have been reached between................. and....... and whereas .... has/have applied for registration of the agreement under Section 89(1) of the, 2020, and whereas it appears to me that the said agreement ought not to be registered for the following reasons, namely :-
Date................19....
................
Competent Authority
[See sub rule (5) of Rule 19]

## Register of Agreements for the Years, 19...
|  | Serial   No. | | Date of   agreement | | Date of   registration | |  |
| --- | --- | --- | --- | --- | --- | --- | --- |
|  |  | |  | |  | |  |
| Employer | | Workman | | Initials of   Competent   Authority | | Reference to orders   rectifying the   register | |
|  | |  | |  | |  | |

# Form XXXI
The Competent Authority for Workmen's Compensation
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Residing at.
Applicant
versus
Residing at.
Opposite party.
- (4) (a) Notice of the accident was served on the ................... day of........*
- (b) Notice was served as soon as practicable..................
- (c) Notice of the accident was not served (on due time) by reason of........
- (a) Half-monthly payments of Rs................... from the...................day of 20.... to................
- (b) A lump-sum payment of Rs..................
*Your are therefore, requested to determine the following questions in dispute, namely :-
- (b) Whether the accident arose out of or in the course of the applicant's employment................
- (c) Whether the amount of compensation claimed in due, or any part of that amount..................
- (d) Whether the opposite party is liable to pay such compensation as is due................
- (e) etc., (as required)...........
Applicant
*Strike out of the clauses which are not applicable.*
To,
versus
................Residing at................
Opposite party.
- (1) ………………a workman employed by (a contractor with) the opposite party on the ……………… day of…………… 20…………… received personal injury by accident arising out of and in the course of the employment resulting in his death on the……………… day of …………20…. The cause of the injury was (here insert briefly in ordinary language the cause of the injury)……………
- (2) The applicant is desirous that the right to receive half-monthly payments should be redeemed.
- (3) (a) The opposite party is unwilling to agree to the redemption of the right to receive half-monthly payments.

## Notice
date................20....
...............................................................................
Competent Authority
...............................................................................
Competent Authority

## FORM – XXXVI
[See sub rule (1) of Rule 29]

## REGISTER OF WOMEN EMPLOYEES
Name of establishment
- 1. Serial Number:
- 2. Name of woman and her father's (or, if married, husband's)
Name:
- 3. Date of appointment:
| Month | No. of days employed | No. of days laid off | No. of days not employed | Remark |
| --- | --- | --- | --- | --- |
| a | b | C | d | e |
|  |  |  |  |  |
| --- | --- | --- | --- | --- |
|  |  |  |  |  |
- 6. Date on which the woman gives notice under section 62:
- 7. Date of discharge/dismissal, if any:
- 8. Date of production of proof of pregnancy under section 62:
- 9. Date of birth of child.
- 11. Date of production of proof of illness referred to in section 65.
- 12. Date with the amount of maternity benefit paid in advance of expected delivery.
- 16. Date with the amount of wages paid on account of leave under section 65(2) and period of leave granted.
- 19. If the woman dies and the child survives, the name of the person to whom the amount of maternity benefit was paid on behalf of the child and the period for which it was paid.

# FORM XXXVII
Town................................................................District................................................................State.....................................................................
.....pin code............
E-mail ID............................................................................Telephone
Number........................................................................Mobile number......
.

.
Address:
House No./Flat No.……………………………………Street No./Plot
No.……………………………………
Town.............................................................................District.............................................................................State.............................................................................
....pin code................
E-mail ID.............................................................................Telephone
Number.............................................................................Mobile number...
| 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 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 man-days worked by Contract Labour during the year. |  |
| 06. | Name of the Manager or Agent (in case of mines). |  |
| 07. | Address House No./Flat No. Street/Plot No. Town   District State Pin Code   E-mail ID Telephone Number Moblie   Number | |

## D. Working hours and weekly rest day:
| 01.   02. | Number of days worked during the year.   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 |
| --- | --- | --- | --- | --- | --- |
|  |  |  |  |  |  |
| Category | Rates of Wages | No. of workers | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|  |  | Regular | | | | Contract | | | |
|  |  | Male | Female | Children | Adolescent | Male | Female | Children | Adolescent |
| Highly |  |  |  |  |  |  |  |  |  |
| Skilled |  |  |  |  |  |  |  |  |  |
| Skilled |  |  |  |  |  |  |  |  |  |
| Semiskilled |  |  |  |  |  |  |  |  |  |
| Unskilled |  |  |  |  |  |  |  |  |  |
|  | 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 , 2020:
(a) 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?

| 01. | Total number of female employees in the establishment |  |
| --- | --- | --- |
| 02. | Total number days of leave granted |  |
| 03. | Number of employees granted maternity leave/benefited by ESI |  |

# FORM-XXXVIII
[See sub rule (1)(2)(3) of Rule 30]
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 , 2020
Date:
- 4. Particulars of the offence:
- 5. Provisions of the Code/Scheme/Rules/Regulations under which the offence is committed:
In case the said amount is not paid within the specified time, necessary action for filing of prosecution shall be initiated without giving any further opportunity in this regard.
(Signature of the Compounding Officer)
Date:
Place:

## Application under sub-section (4) of section 138 for compounding of offence
Ref: Notice No................
Date:
- 3. 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:
- 4. Any other information which the applicant desires to provide.
Place:

## PART – IV
[See Rule 30 (3)]
Date:
Place:

## FORM-XXXIX
[See Rule 31 (3) (b)]
**Form for Reporting Vacancies to Career Centres**
*(Separate forms to be used for each type of posts)*
| 1 | **Particulars of the employer:**     Name:     Address with pin code:     Telephone No. :     Mobile No.:     Email address :     Name & Type of Establishment     (Central Government, State     Government, PSU, Autonomous,     Private, etc)     Registration No of establishment     under Code:     Economic activity details: |  |
| --- | --- | --- |
| 2. | **Particulars of the indenting     Officer:**     Name:     Designation: |  |
- Telephone No. :
Mobile No.:
Email address :
- 3. **Particulars of vacancy(ies):**
(a) Designation/nomenclature of the vacancy(ies) to be filled

(b) Description of duties of the post (job role/functional role)
- (c) Qualifications/Skills required
(educational, technical,
experience) Essential Desirable/Preferable
- (i) Educational
Qualifications
(ii) Technical Qualifications
(iii) Skills
(iv) Experience
- (d) Age Limits, if any
( Age as on last date of application)
- (e) Preferences (such as Ex-servicemen, persons with disabilities, women, etc) if any
- (f) duration of employment
(i) 3-6 months
(ii) 6-12 months
(iii) 12 months and more Number of posts
- 4 **Whether there is any obligation for arrangement for giving reservation/ preference** to any category of persons such as Scheduled Caste(SC), Scheduled Tribe(ST), Economically Weaker Sections(EWS), Other Backward Classes(OBC), Ex-serviceman and persons with disabilities (pwd) , etc, in filling up the vacancies: **Yes/No**
( if yes, give the number of vacancies to be filled by such categories of persons as detailed below)
- Category Number of vacancies to be filled
- (a) Scheduled Caste
(b) Scheduled Tribe
(c)OBC Total *By Priority candidates
*(Applicable for Central Government vacancies)
|  | (d)EWS   (e) Ex-Serviceman   (f) Persons with disabilities (pwd)   (g) women   (h) Others(specify) |  |  |
| --- | --- | --- | --- |
| 6. | **Pay and Allowances:**   For Government vacancies: Mention pay level/pay scale of the post with basic pay/pay per month with other details if any   For others: Mention minimum total emoluments per month with other details, if any. |  | |
| 7. | Place of work ( Name of the town/village and district, pin code ,etc. in which it is situated) |  | |
| 8. | Mode of Application(email, online, in writing, etc) and Last date for receipt of applications. |  | |
| 9. | Particulars of officer to whom the applications be sent/candidates should approach   (Mention Name, designation, email id, address , telephone No., website address in case of online) |  | |
| 10 | Mode of Recruitment   {Through Career Centre, Placement Agency ,self-management, any other mode(specify) } |  | |
| 11 | Would like to prefer submission of list of eligible candidates registered with Career Centre | Yes/No | |
| 12 | Any other relevant information |  | |
Signature, Name & Designation of Authorised Signatory of establishment/ employer with seal& date
| 13 | Name, address, email id of the Career Centre |  |
| --- | --- | --- |
| 14 | Date of receipt of Vacancies |  |

| 15 | NIC Code of the establishment/ |  |
| --- | --- | --- |
| 16 | NCO Code of the post |  |
| 17 | Unique Vacancy ID(number) |  |
Signature, Name& Designation of Authorised Signatory
- 1. Career Centre to which the vacancies are reported, would provide a unique vacancy reporting number for the vacancy reported and convey it to the employer in writing, through email or digitally or through any other such media immediately but in any case not later than 3 working days from the date of receipt of reporting of vacancies.
- 2. An employer, if advertises that vacancy in any media or makes recruitment through any agency or any other mode, may invariably quote that unique vacancy reporting number in that advertisement or recruitment process.

## FORM-XXXX
## [See Rule 31 (6)]
| Name & Address of the Employer |  |
| --- | --- |
| Whether – Head Office |  |
| Branch Office   Type of Establishment   (Public /Private Sector) |  |
| Nature of business/Principal activity |  |
| **Establishment Registration No. under the Code** | |  |
| --- | --- | --- |
| 1. (a) **EMPLOYMENT**     Total number of manpower of establishment including working proprietors/partners//contingent paid and contractual workers, out-sourced workers excluding part-time workers and apprentices. (The figures should include every person whose *wage or salary is paid*). | | |
| Category | On the last working day of the previous Year | On the last working day of the Year under report |
| MEN |  |  |
| WOMEN |  |  |
| Other   (Transgender) |  |  |
| TOTAL :   PWD(persons with disabilities)   out of above total |  |  |
| 2. Number of vacancies* occurred and reported to Career Centre during the year and the number of vacancies filled during the year | | | | |
| --- | --- | --- | --- | --- |
| Occurred | Reported | | Filled | Source (Career Centre/ NCS Portal/ Govt. Recruiting Agencies/ Private Placement Organisations/ others) |
|  | Career Centre (Regional) | Career Centre (Central) |  |  |
| 1 | 2 | 3 | 4 | 5 |
|  |  |  |  |  |
*As per provisions of Code on Social Security, 2020(Chapter XIII) and Rules made there under,*

## 3. MANPOWER SHORTAGES:
Vacancies/posts remained unfilled because of shortage of suitable applicants.
| Name of the occupation or designation of the post | Number of unfilled vacancies/posts | | |
| --- | --- | --- | --- |
|  | Skill/ qualifications (educational /technical/experience) prescribed | Essential | Desirable |
| 1 | 2 | 3 | 4 |
|  |  |  |  |
(Please list any other occupations also for which this establishment had any difficulty in obtaining suitable applicants recently.)
- 4. Estimated Manpower Requirement by Occupational Classification during the next calendar year (Please give below the number of employees in each occupation separately).
| Occupation | Number of employees    Please give as far as possible approximate number of vacancies in each occupation you are likely to fill during the next financial year due to retirement/ expansion or re-organisation. | | | | |
| --- | --- | --- | --- | --- | --- |
| Description | Men | Women | Others   (trans-   gender) | Total | PWD    (persons   with   disabilities)   out of total |
| 1 | 2 | 3 | 4 | 5 | 6 |
| * |  |  |  |  |  |
|  |  |  |  |  |  |
|  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- |
| Total : |  |  |  |  |  |
* In the column(description) -Use exact terms such as Engineer (Mechanical),Assistant
Director(Metallurgist);Research
Officer
(Economist);Supervisor
(Tailoring),Inspector(Sanitary),
Superintendent
(Office),
Manager(Sales),
Manager(Accounts), Executive(Marketing), Data Entry Operator.....................so on.
The Career Centre,
- 2. The main purpose in obtaining the information from employers is to know (i) the vacancies/employment opportunities available; (ii) type of personnel who are in short supply; and (iii) future job opportunities for providing vocational guidance to the job seekers and connecting them with the employers. This is helpful in ascertaining the skill needs also. Employers too will be able to call on the Career Centres for getting suitable candidates as per their requirements.
म.प्र. राज्य शासन,श्रम विभाग
श्रम विभाग,
मंत्रालय वल्लभ भवन,भोपाल

## अनुसूची
| क्र. | अधिकारी | क्षेत्र |
| --- | --- | --- |
| 01 | समस्त सहायक श्रमायुक्त | उनके क्षेत्राधिकार के भीतर |
| 02 | समस्त श्रम पदाधिकारी | उनके क्षेत्राधिकार के भीतर |
| 03 | समस्त सहायक श्रमपदाधिकारी | उनके क्षेत्राधिकार के भीतर |

Madhya Pradesh COSS Rules, 2026

Full rule text