Telangana Social Security Rules (Draft): full text and citation

GOVERNMENT OF TELANGANA

ABSTRACT RULES – Labour Employment Training & Factories Department – The Code on Social Security, 2020 (Central Act No.36 of 2020) – The Code on Social Security (Telangana) Rules, 2022 – Preliminary Notification – Orders – Issued.

LABOUR EMPLOYMENT TRAINING & FACTORIES (LAB-I) DEPARTMENT

G.O.Rt.No. 24

1. The Code on Social Security, 2020 (Central Act No.36 of 2020) notified by the Ministry of Labour & Employment, GOI, New Delhi in Gazette No.61, dt: 29.09.2020.
1. From the Commissioner of Labour, Telangana, Hyderabad, Lr.No.F1/5034/2019, dated: 02.11.2021.

The Ministry of Labour & Employment, Government of India, New Delhi has notified the Code on Social Security, 2020 (Central Act No.36 of 2020), an Act to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto vide Gazette first read above. The following draft rules, which the State Government proposes to make in exercise of the powers under sections 154 and 156 of the Code on Social Security, 2020 (Central Act No.36 of 2020) read with section 24 of the General Clauses Act, 1987 (Central Act No.10 of 1987) and in supersession of the rules made by the State Government in exercise of the powers conferred by the Maternity Benefit Act, 1961 (Central Act.No.53 of 1961), the Payment of Gratuity Act, 1972 (Central Act.No.39 of 1972), the Building and Other Construction Workers’ Welfare Cess Act, 1996 (Central Act.No.28 of 1996), the Un-organized Workers’ Social Security Act, 2008(Central Act.No.33 of 2008), the Employment Exchanges (Compulsory Notification of vacancies) Act, 1959 (Central Act.No.31 of 1959), the Employees’ Compensation Act, 1923 (Central Act.No.8 of 1923) and part of the Employees’ State Insurance Act, 1948 (Central Act.No.34 of 1948), as the case may be, which are repealed by section 164 of the said Code on Social Security, 2020 except as respects things done or omitted to be done before such supersession, are notified, as required by section 158 for information of all persons likely to be affected thereby and the notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of

CODE ON SOCIAL SECURITY (TELANGANA) RULES, 2022

CHAPTER – I

PRELIMINARY

1. Short title, extent and commencement:–

(1) These rules may be called the Code on Social Security (Telangana) Rules, 2022.
(2) These Rules extend to the whole of the State of Telangana.
(3) They shall come into force after the date of their final publication in the Official Gazette, on the date of the commencement of the Code on Social Security, 2020 (Central Act.No.36 of 2020).

2. Definitions:-

(c) "appellate authority" means the State Government or the authority specified by the State Government under sub-section (8) of section 56 of the Code or an officer, senior in rank to the Assessing Officer for the purposes of section 105 of the Code, appointed by the State Government, as the case may be.
(e) “authority” means the State Government or the authority specified by the State Government under sub-section (3) of section 72.
(b) persons who seek employment;
(I) "establishment" means:-
(n) “form” means a form appended to these rules.
(o) “Government Securities” means Government Securities as defined in the Government Securities Act, 2006 (Central Act No.38 of 2016).
(q) "minor" means a person who has not attained the age of eighteen years.
(r) “movable property” means property of every description except immovable property.
(t) “nomination” means nomination made under section 55 of the Code.
(y) “Telangana State Portal” means portal of Labour Employment, Training and Factories Department of Telangana State.
(z) “Telangana State Employment Portal” means the portal owned and operated by Employment department of Telangana State (www.employment.telangana.gov.in).

CHAPTER-II

Social Security Organisations

(4) Term of office of members:–
(i) A member, other than an Ex-officio member, shall hold office for a period not exceeding three years from the date of his nomination.
(ii) A member nominated from Legislative Assembly under sub-rule (2) of rule 3 shall cease to be a member of the Board if he/she ceases to be a member of the Legislative Assembly.
(5) Resignation:–
(ii) The seat of such a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.
(iii) The power to accept the resignation of a member shall vest in the Government, and on accepting the resignation, the Chairperson shall report to the Board at its next meeting.
(i) Every Member shall furnish his or her Address to the Secretary of the Board who shall thereupon enter his address in the official records. Provided that, if a member fails to furnish new address, the address in the official records shall for all purposes be deemed to be the member’s correct address.
(7) Manner of filling vacancies:– When a vacancy occurs or is likely to occur on completion of the term of the member in the membership of the Board, the Secretary of the Board shall submit a report to the State Government and on receipt of such report, the Government may, by notification, nominate a person to fill the vacancy: Provided, when a vacancy occurs or is likely to occur due to resignation of a member, the Secretary of the Board shall submit a report to the Government and on receipt of such report, the Government may, by notification, nominate a person to fill the vacancy and the person so nominated shall hold office for the remaining term of office of the member in whose place he/she is nominated.

(10) Meetings:-
(i) The Board shall meet at such places and at such times as may be decided by the Chairperson and it shall meet at least once in three months.
(ii) The Chairperson shall preside over every meeting of the Board in which he/she is present and in his/her absence, he/she may nominate a member of the Board to preside over such meeting in his/her place and in the absence of such nomination by the Chairperson, the members of the Board present in such meeting may choose one member from amongst themselves to preside over the meeting. Provided that the Chairperson, if satisfied that it is expedient so to do, may give notice of longer period not exceeding one month for such meeting.
(13) Quorum:-

Provided that if at a meeting, less than six members are present, the Chairperson may adjourn the meeting to another date informing the members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall there upon be lawful for him/her to dispose of the business at the adjourned meeting irrespective of the number of members attending.

(a) he absents himself from three consecutive meetings of the Board without written information and consent of the Chairperson: or
(b) in the view of the Government, such member has ceased to represent the interest which he purports to represent on the Board.
(i) The State Board shall perform its functions in accordance with the provisions laid down in sub section (15) of section 6 of the Code.
(ii) The Board may also adopt such procedures, forms and registers etc., as are required for carrying out the said functions, schemes, procedure to be followed, forms and registers etc., as approved by the Government, before they are implemented.
(16) Minutes of the Meeting:-
(i) The Secretary of the Board shall arrange for preparing the minutes of the proceedings of each meeting of the Board showing inter alia the names of the members present and shall forward a copy of such minutes to each member of the Board as soon as possible.
(ii) The Accounts shall be operated by the Secretary of the Board.
(19) Maintenance and Audit of Accounts of the Fund:-
(ii) The accounts of the Board shall be balanced on the 31st March of each year.
(iv) The Government may, also at any time, order special audit of the accounts of the Board.
(v) The expenses for the audit shall be as may be approved by the Government.
(i) The Secretary of the Board shall prepare an Annual Report in a descriptive form explaining all the welfare and other activities of the Board during the Financial Year and submit the same to the Central and State Governments along with the Auditor's Report and Balance Sheet, duly approved by the Board, before the 15th July succeeding the Financial Year.
(ii) The State Government shall cause the Annual Report and Auditor's Report to be laid, as soon as may be after they are received, before the State Legislature.

provisions of the Code. However, such proposals shall be approved by the Government, before they are implemented.

(i) that the Board is unable to perform its functions; or
(ii) that the Board has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification, supersede the Board in question and reconstitute it in the prescribed manner.
(iii) When the Board is superseded, the following consequences shall follow:-
(24) Power of Government:- The Government may give directions to the Board as to the carrying into execution of any provisions of the Act and Rules, Schemes and Notifications issued and the Board shall be bound by such directions. The Government is competent to call for any records, reports or other particulars pertaining to the functioning of the Board and the Secretary shall furnish such information with reasonable diligence.
(25) Registration of beneficiaries:-
(i) The Government shall by notification, appoint any officer of the Labour Department, as Registering Authority for the purpose of Registration of the Unorganized Workers: Provided that, the officers already authorized by different departments in the State for registration of beneficiaries in the unorganized sector falling under their departments under various welfare schemes shall continue to be the Registering Authorities and shall take up registration of beneficiaries under respective schemes.
(iii) Renewal of the registration shall be done by the registration authority.
(iv) Every unorganized worker who has completed fourteen years of age, but has not completed sixty years of age, and who has been engaged in any unorganized sector work shall be eligible for registration as a beneficiary under the Code / Rules.
(v) An application for registration shall be made in Form-I to the Officer as notified by the Government in this behalf.
(vi) The fee for registration of worker shall be Rs.30/- and fee for renewal shall be Rs.20/- and fee for any change of nominations and for issue of duplicate Identity Cards shall be Rs.10/- (excluding Photo of the beneficiary). Provided that an application for registration/ renewal shall not be rejected

(vii) If the Registering Authority is satisfied that the applicant has complied with the provisions of the Act/Code and Rules made there under, he shall register the name of the unorganized worker as a beneficiary under the Act.
(viii) Every registration made under sub-rule (v) shall be renewed for a period of one year or for such number of years as may be prescribed commencing from the date of its expiry.
(ix) Every application under sub-rule (v) and (vi) shall be accompanied by such documents.
(26) Identity Cards:-
(iii) In case of loss of identity card, destroyed or defaced by the worker a duplicate identity card will be issued in Form–VI by the issuing Officer on an application made to him by the registered unorganized worker on payment of such fee as may be prescribed.
(27) Register of beneficiaries: - The authority of issuing Identity Cards shall cause to maintain a register in such form as may be prescribed showing the particulars of the beneficiaries in Form-IV.
(28) Nomination:-
(i) Every unorganized worker shall at the time of making the application for his/her registration with the Department, make a nomination, for the purpose of handover of benefits in case of death of the worker in Form-III.
(ii) An Unorganized worker may, in his/her nomination, distribute the amount payable under the Code amongst one or more dependents.
(iii) If an unorganized worker has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such unorganized worker in favour of a person who is not a member of his/her family shall be void.
(iv) Dependents shall have the same meaning assigned to it under section 2 (1) (d) of the Workmen’s Compensation Act, 1923 (Central Act No.8 of 1923). When there are no dependents to the unorganized worker, others may be nominated.
(v) A nomination may be modified by an unorganized worker in Form-III at any time after giving a written notice of his/her intention to do so to the concerned Notified Officer of the area.
(30) Scheme Implementing Machinery:-
(i) Each department/agency implementing a Social Security Scheme for a particular segment of Unorganised Sector shall continue to implement such scheme for such workers.
(ii) The Labour Department shall deal with the matters of registration of the workers and implementation of the Social Security Scheme to those segments who are not covered by any other department.
(iii) The respective Administrative Department shall issue notifications for registration of the workers and implementation of the Social Security Schemes for effective implementation of the law as and when funds are provided by the respective departments/agencies.
(31) Appointment of Chief Inspector and Inspectors:- The Government may, by notification, appoint a Chief Inspector and such number of Inspectors as may be necessary for the purposes of this Code and fix the local limits of their jurisdiction.
(iii) Ensure inspection of the premises and record the names of unorganized workers on the spot or otherwise evidence of such persons, as he may deem necessary in the manner prescribed.

B. TELANGANA BUILDING AND OTHER CONSTRUCTION WORKERS

WELFARE BOARD

(ii) Secretary to Government, Labour, Employment, Training and Factories Department, Ex-officio Member;
(x) Provided that at least one member of the Board shall be a woman.
(ii) Casual vacancies of the members of the Board shall be filled in by the Government in the same manner as the regular non-official members are appointed. Provided that seven days notice shall not be necessary where in the opinion of the Chairperson, that the Business to be transacted at the meeting is of very urgent nature requiring immediate attention and members are informed accordingly.
(iii) The Chairperson shall preside over all the meetings of the Board and matter other than those included in the Agenda shall be discussed at any meeting except with the permission of the Chairperson. Provided that if a meeting adjourned by the Chairperson for lack of quorum even after waiting for not less than thirty minutes from the appointed time, the Secretary shall, with the same agenda as fixed for the original meeting, fix a date not earlier than seven days from the date of that meeting and give notice in this behalf to all members and it shall there upon be lawful to dispose off the business included in the Agenda in their meeting irrespective of members present. Provided that in case of equality of votes the chairperson shall have a casting vote or a second vote.
(i) The Secretary-Chief Executive Officer shall arrange for preparing the minutes of the proceedings of each meeting of the Board showing inter-alia the names of the members present and shall forward a copy of such minutes to each members of the Board, within three days from the date of Board meeting.
(ii) The minutes of the proceedings of each meeting shall be confirmed in the next meeting and the same be forward to the Government from time to time.

(ii) Chairperson and each non-official member of the Board shall be entitled to salaries and other allowances as prescribed by the Government.
(i) The Board shall prepare annual statement of accounts in such form as may be prescribed by the Government from time to time in consultation with the Comptroller and Auditor General of India.
(ii) The Accounts of the Board shall be maintained by the Secretary/CEO of the Board and shall be audited by the Comptroller and Auditor General of India as per procedures laid-down the Comptroller General of India.
(i) The Secretary / CEO of the Board shall prepare an Annual Report in a descriptive from explain all the welfare and other activities of the Board during the Financial Year and submit the same to the Government along with the Auditors Report, and Balance Sheet, duly approved by the Board, before 15th of April succeeding the Financial Year.
(ii) The State Government shall cause the Annual Report and Comptroller General Audit Report to be laid, as soon as may be after they are received, before the State Legislature.
(v) If any field officers posts or at the Head Office level in the cadre of Assistant Commissioner of Labour and above are created, the Secretary/CEO of the Board, shall send a requisition to the Commissioner of Labour who will take necessary action to depute them to the respective places within the in the ambit of Presidential Order, 2018, Special governing the post and per the deputation terms from time to time.
(viii) (a) The Board may open Accounts in the State Bank of India or any Nationalized Banks to operate the transactions pertain to the Building Workers Welfare Board.
(i) is an officer of the Board; or
(b) The Government may remove from office any member who:-
(a) the Board is unable to perform its functions; or
(b) the Board has persistently made default in the discharge of its functions; or has exceeded or abused its powers; and
(a) All the members of the Board shall, from the date of publication of the notification vacate their office.
(18) The Board shall perform its functions as specified under sub-section (6) of section 7 of the Code.
(19) The State Government may, by notification, constitute with effect from such date as may be specified therein one or more advisory Committees to advise the State Government as specified under sub-section (7) of section 7 of the Code.
(i) pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries;
(iii) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent.

(21) Other welfare measures and facilities under clause (j) of sub-section (6) of section 7:- If in the opinion of the State Government, it is established that for improvement in the well being of the Building workers, it is necessary to formulate a new welfare scheme(s) in a State(s), Central Government may formulate such scheme(s) as notified by that Government from time to time.

CHAPTER-III

1. 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 of the code, the procedure to be followed by the Employees Insurance Court under sub-section (2) and the rules under sub-section (3) of section 50 and the manner of commencement of proceedings before the Employees Insurance Court, fees and procedure thereof under sub-section (1) of section 51:-
(1) Constitution of the Presiding Officer of Industrial Tribunal as an Employees Insurance Court:– (1) The Telangana State Government may constitute the Presiding Officer of the Industrial Tribunal constituted under Industrial Relations Code as an Employees Insurance Court for the Territorial Jurisdiction of Telangana State and such Presiding Officer shall thereupon discharge the functions of the Employees Insurance Court in addition to his own duties.
(i) The Court shall appoint the time at which it shall sit at Telangana State for holding proceedings under the provisions of this code;
(ii) The Court shall publicize the timing so fixed well in advance for the convenience of stakeholders.
(b) 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; and
(d) the fact constituting the cause of action and the date when it arose;
(e) the facts showing that court has jurisdiction;
(f) the relief which the applicant claims;
(ii) Where at any stage it appears to the Court that the appeal should be presented to another Court, or should be entertained by another Court, the first Court shall send the appeal or file of the case to the Court empowered to deal with it and shall inform the applicant and the opposite party accordingly and the Court to which appeal or file is transferred shall continue the proceedings as if the previous proceedings or any part of it had been taken before it.
(3) Fees:-
1. Time, form and manner of nomination by an employee under sub-section (1), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55:- (1) A nomination shall be in Form-X 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:-
(3) Such board of trustees should include equal number of representatives of the employer and the employees of the establishments.
(5) Every employer shall furnish the details of the employees insured, to the controlling authority in Form-XIII (D) at the time of registration of the establishment with the controlling authority and thereafter whenever there is a change in the employees insured.

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.

(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.
(2) Notice for payment of gratuity: (a) Within fifteen days of the receipt of an application under sub-rule (1) for payment of gratuity, the employer shall,-
(ii) if the claim for gratuity is not found admissible, issue a notice in Form-XII to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible.
(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.
(a) If an employer,-
(i) refuses to accept a nomination under sub-rule (4) of rule 7 or to entertain an application sought to be filed under sub rule (1) of this rule; 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.
(e) If the employer concerned fails to appear on the specified date of hearing after due service of notice without sufficient cause, the competent authority may proceed to hear and determine the application ex parte. If the applicant fails to appear on the specified date of hearing without sufficient cause, the competent authority may dismiss the application: Provided that an order under clause (e) of sub-rule (5) may, on good cause being shown within thirty days of the said order, be reviewed and the

(6) Place and time of hearing:- The sittings of the competent authority shall be held at such times and at such places as he may fix and he shall inform the parties of the same in such manner as he thinks fit.
(1) Complaint under section 72:- (a) A complaint under sub-section (1) of section 72 shall be made in writing in Form-XVII as the case may be.

(c) When an appeal is received, the prescribed Authority shall call from the Inspector-cum-Facilitator before a fixed date, the record of the case. The prescribed Authority shall, if necessary, also record the statements of the aggrieved person, and of the Inspector-cum-Facilitator and seek clarification if any is required.

Employees Compensation

1. The manner of deposit of funeral expenses to the fatal /Injury of the employees resulted in death under sub-section (7) of section 76 of the Code:-
(b) Conditions when application for Review is made or employee with medical certificate of a Medical Practitioner under sub-section of (1) section 79:
(b) By the workman, on the ground that since the right to compensation was determined his wages have diminished;
(c) By the workman, on the ground that the employer, having commenced to pay compensation, has ceased to pay the same, notwithstanding the fact that there has been no change in the workmen conditions such as to warrant such cessation;
(a) Where application is made to the Competent Authority under section 80 for redemption of a right to receive half-monthly payments by the payment of a lump-sum, the Competent Authority shall form an estimate of the probable duration of the disablement, and shall not a sum equivalent to the total of half-monthly payments would be payable for the period during which he estimated the disablement will continue, less one-half per cent, of that total for each month comprised in that period: Provided that fractions of a rupee included in the sum so computed shall be disregarded.
(1) Workman not to be required to submit to medical examination save in accordance with rules:- A workman who is required by sub-section (1) of section 84 to submit himself for medical examination shall be bound to do so in accordance with the rules contained in this part and not otherwise. practitioner who is so present, the workman shall submit himself for examination forthwith.
(3) Examination in other cases:- In cases to which the rule 13 does not apply the employer may,-
(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
(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
(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.

14. The statement to be submitted by the employer in the prescribed form under sub section (1) of section 88:-

15. The manner of recording the memorandum in a register by the competent authority under sub-section (1) of section 89:-

Provided that the issue of a notice under sub- rule (1) shall not be deemed to prevent the Competent Authority from refusing to record the memorandum on the date so fixed even if no objection be made by any party concerned.

(3) Procedure where Competent Authority considers he / she should refuse to record memorandum:-

If, the Competent Authority refuses to record a memorandum of agreement, he shall not pass any order directing the payment of any sum or amount over and above the sum specified in the agreement, unless opportunity has been given to the party liable to pay such sum to show-cause why it should not be paid. Where the agreement is for the redemption of half monthly payments by the payment of lump-sum, and the Competent Authority considers that the memorandum of agreement should not be recorded by reason of the inadequacy of the amount of such sum as fixed in the agreement, he shall record his estimate of the probable duration of the disablement of the workman.

(5) Registration of memorandum accepted for record:- In recording a memorandum of agreement, the Competent Authority shall cause the same to be entered in a register in Form-XXIX and shall cause an endorsement to be entered under his signature on a copy of the memorandum to be retained by him in the following terms, namely,- "This memorandum of agreement bearing serial No. ....... of ....... 20 ....... in the register has been recorded this day ....... of ....... 20 ......... Signature of Competent Authority"
(i) Member of State Judicial service who is serving for a period of not less than five years; or
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:-
(2) Transmission of money:-
(1) Introductory:- Save as otherwise provided in these rules, the procedure to be followed by Competent Authorities in the disposal of cases under the Code or these rules and by the parties in such eases shall be regulated in accordance with the rules contained in this.
(i) When the application for relief is based upon a document, the document shall be appended to the application.
(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 sub-rule (3) as the case may be, shall not, without the sanction of the Competent Authority be received in evidence on behalf of the applicant.
(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.
(7) Preliminary inquiry into application:- If the application is not dismissed under sub-rule (6), the Competent Authority may, for reasons to be recorded, call upon the applicant to produce evidence in support of the application before calling upon any other party, and if upon considering such evidence the Competent Authority is of opinion that there is no case for the relief claimed, he may dismiss the application with a brief statement of his reasons for so doing.
(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.
(ii) If the opposite party contests the claim, the Competent Authority may, and, if no written statement has been filed, shall proceed to examine him upon the claim, and shall reduce the result of the examination to writing.
(14) Summoning of witnesses: If an application is presented by any party to the proceedings for the citation of witnesses, the Competent Authority shall on payment of the prescribed expenses issue summons for the appearance of such witnesses, unless he considers that their appearance is not necessary for the decision of the case.
(15) Right of entry for local inspection:- A Competent Authority before whom proceeding relating to an injury by accident is pending may at any lime enter the place where the workman was injured, or where the workman ordinarily performed his work, for the purpose of making a local inspection or of examining any persons likely to be able to give information relevant to the proceedings:
(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 their or 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.
(iii) Any party, or the representative of any party, may accompany the Competent Authority at a local inspection.
(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,

(ii) No oath shall be administered to examine under clause (i).
(iii) Statements made by persons examined under clause (i), if reduced to writing, shall not be signed by the person making the statement, nor shall they except as hereinafter provided, be incorporated in the record or utilized by the Competent Authority for the purpose of arriving at a decision in the case.
(iv) If a witness who has been examined under clause (i) makes in evidence any material statement contradicting any statement made by him in such examination and reduced to writing, the Competent Authority may call his attention to such statement, and shall in that case direct that the parties be furnished with the relevant part of such statement for the purpose of examining or cross-examining the witness.
(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/her.
(ii) If any person served with a notice under clause (i) desires to contest the applicant's claim for compensation, or the opposite party's claim to be indemnified, he shall appear before the Competent Authority on the date fixed for the hearing of the case or on any date to which the case may be adjourned and if he/she so appears, shall have all the rights of a party to the proceedings; and in default of so appearing he/she shall be deemed to admit the validity of any award made against the opposite party and to admit its own liability to indemnify the opposite party for any compensation recovered from him/her:
(iv) If any person served with a notice under clause (iii) desires to contest the applicant's claim for compensation, or the claim under clause (iii) to be indemnified he/she shall appear before the Competent Authority on the date fixed in the notice in Form-XXXIV 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 clause (i) and to admit his own liability to indemnify the party against whom such award is made for any compensation recovered from him:
(20) Procedure in connected cases:-
(23) Apportionment of compensation among dependents:- The provisions of this part except those contained in Rules (8), (9) and (21) shall as far as may be apply in the case of any proceedings relating to the apportionment of compensation among dependents of deceased workman.
1. The manner of authentication of memorandum under section 97:- Examination of applicant:-
(1) On receiving the application of the nature referred to in section 93, the Competent Authority may examine the applicant on oath or may send the application to any officer authorized by the State Government in this behalf and direct such officer to examine the applicant and his witness and forward the record thereof to the Competent Authority.

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER

CONSTRUCTION WORKERS

20. Manner and time of collection of cess under sub-section (2), manner of deposit of the cess so collected under sub-section (3), and the uniform rate or rates of advance cess under sub-section (4) of section 100 and manner of self-assessment of cess under sub-section (1) of section 103 as may be prescribed by the Central Government:-
(2) Time and manner of collection of Cess:-
(3) Transfer of the proceeds of the cess to the Board:-
(4) Assessment:-

21. Time limit to pay the amount of cess and the rate of interest in case of delayed payment of cess under section 101:-

1. Time limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) and fees for appeal under sub-section (2) of section 105:-
(3) On receipt of the appeal, the Appellate Authority may, call details from the Assessing Officer or his statement on the basis of his assessment order appealed against, as such Appellate Authority may consider necessary for the disposal of such appeal.
(4) The Appellate Authority shall give the appellant an opportunity of being heard in the matter and dispose of the appeal as expeditiously as possible but not exceeding sixty days from the date of receipt of such appeal.
(6) An order remanded back under sub-rule (5) shall be disposed of by the Assessing Officer within thirty (30) days in view of the observation made by the Appellate Authority: Provided that, if the amount of cess is proposed to be enhanced the assesses shall be given an opportunity of being heard.
(8) The appeal under this rule shall be disposed of by making a speaking order, and a copy of such order shall be sent to each of the appellant, the Assessing Officer and to the Secretary, Building and Other Construction Workers Welfare Board within five days of the date on which such order is made.

(11) No appeal shall lie against the order of the Appellate Authority under this rule.

24. Manner of registration of building worker as beneficiary under section

106 as may be prescribed by the Central Government:-

(5) The registration of the Building workers shall be done in the same manner and procedure(s) as prescribed for the registration of unorganised worker, gig worker and platform worker under rule 27.
(d) require the production of any prescribed register or any other documents relevant to the assessment of cost of construction or number of workers employed;
(f) make general assessment of the stage of the construction work having been completed;
1. Eligible age for registration under clause (a) and form and manner of information under clause (b), of sub-section (1) and the form of application, documents for registration and manner of self registration under sub-section (2), of section 113 as may be prescribed by the Central Government:-
(1) Registration of unorganised worker or any category or sub-category of unorganised workers:-
(b) In order to be eligible for any benefit under any scheme(s) framed under the Code for any unorganised worker or any category or sub-category of unorganised worker, the appropriate Government may notify specific condition(s) for eligibility, as deemed fit.
(e) The State Government may provide a facility such as mobile app, web portal or any other application, facilitating the unorganised workers to register themselves on the specified portal.
(f) In order to avail the facility of self-registration, an unorganised worker, or any category or sub-category of unorganised worker shall be required to establish his identity through one time password or any other procedure, as specified by the State Government.
(h) The unorganised worker, or any category or sub-category of unorganised worker shall be required to update their particulars such as current address, current occupation, mobile number, skill, or any other particular(s) from time to time, as may be specified by the appropriate Government. In the absence of such updation, any un-organised worker or any category or sub-category of unorganized worker may not remain eligible to avail such benefit(s) of the social security scheme(s) notified under the Code.
(2) Registration of gig worker and platform worker and any other such worker:-
(c) Aggregator (s) shall link their database with the unique registration number issued under clause (d) of sub-rule (1) to facilitate registration of their gig and platform workers on the portal specified by the State Government.
(d) A gig worker or platform worker, who has completed the age of sixteen years, but not attained the age of sixty years, shall be eligible for registration as mentioned in clause (a) above:
(h) The unorganised worker, gig worker, platform worker shall be required to update his particulars such, as current address, current occupation, period of engagement with the concerned platform(s) or aggregator(s), mobile number, skill, or any other particulars from time to time, on the portal specified by the state Government. In the absence of such updation, a gig worker or platform worker, may not remain eligible to avail benefit(s) of the social security scheme(s) notified under the Code.
(i) The State Government shall designate an Officer, or an agency, as the authority responsible to collect and expend the contributions from the aggregators.
(ii) Such authority may seek any information as may be required from the aggregator(s) for registration of gig workers or platform workers, formulation of suitable welfare scheme(s) under section 114 and implementation thereof.
(iii) The contribution collected under section 114 shall be part of the Social Security Fund in a separate account meant for gig workers and platform workers as mentioned in sub-section (2) of section 141.
(2) The rate of interest to be paid by an aggregator in case of delayed payment, less payment or non-payment of contribution:- If any aggregator fails to pay any amount of contribution payable under sub-section (4) of section 114, within such time as may be specified by the State Government, such aggregator shall be liable to pay interest on the amount of contribution, to be paid, at the rate of one per cent. for every month or part of a month comprised in the period from the date on which such payment was due till such amount is actually paid.

FINANCE AND ACCOUNTS

(i) Establishment has been closed for more than five years and the whereabouts of the employer cannot be ascertained, despite all possible efforts; Decree obtained by the said Boards could not be executed successfully for want of sufficient assets of the defaulting employer; or
(ii) Claim for contribution is not fully met by;

AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY

workers in the establishment. Further, it shall always be available for inspection under notified inspection scheme for the Inspector-cum-Facilitator.

(2) Records:-Records kept under the provisions Chapter V of the Code and the rules framed there under shall be preserved for a period of two years from the date of their preparation. 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.

OFFENCES AND PENALTIES

(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-XXXXIV for the offences for which are compoundable under section138.
(3) The Compounding Officer shall issue a composition certificate in Part IV of Form-XXXIV within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.
(b) The provisions of section 320 of the Code of Criminal Procedure, 1973 (Central Act No.2 of 1974) shall apply to such compositions.
1. Manner and form of Reporting of Vacancies and form of filing the return by the employer, to the concerned Career Center under sub-section(2) of section 139:-
(1) Reporting of Vacancies to the Career Centers:
(b) The employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy or cause to be reported to such Career Centre (Regional/District) from such date as may be specified in the notification by the Government of Telangana State.
(iv) a local authority.
(c) Vacancies which have been reported to the Career Centre (Regional/District) and for which recruitment is to be made on State or Inter-State or all India basis, shall also be reported to Career Centre (Central) or uploaded on a digital portal as specified by the Central Government by notification.
(b) Vacancies required to be reported to the Career Centre (Central) shall be reported at least forty (40) days before the last date of receipt of the applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies reported.
(a) After commencement of this Code in Telangana State, the employers in every establishment in the public sector in the State of Telangana or area shall maintain records manually or electronically or digitally about:
(ii) Persons recruited during the year ending on 31st March;
(v) Approximate number of vacancies likely to occur during the next financial year.
(b) The Government of Telangana 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;
(8) Declaration of Executive Officer:-
(a) The Director of Employment or officer of his/her equivalent or above rank, controlling the work of Career Centers (Regional/District) of the State of Telangana, will declare in writing an officer looking after the work of Career Centers (Regional/District) as “Executive Officer” for each district for the purpose of enforcement / implementation of Chapter-XIII (Employment Information and Monitoring) of the Code. he/she shall be the officer who shall exercise the rights and perform duties referred to in section 139 of the Code, or authorize any person in writing to exercise those rights and perform duties.
(9) Levy of penalty:- The Director of Employment or an officer of equivalent or above rank, controlling the work of Career Centers (Regional/District) of the State of Telangana 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.
(i) persons who seek to employ employees;
(iv) persons who seek vocational guidance and career counselling or guidance to start self-employment;
(d) employment related surveys and studies;
(e) employability enhancement activities; and
(f) other services as may be decided by the Government of Telangana from time to time.

(vi) funded from State Government by Budget;
(3) The schemes to be prepared for the unorganised workers registered as beneficiaries and their families, by the unorganized Social Security Board with the prior approval of the state government and submitted to the Central Government for allocation of funds and the funds received shall be utilised under the notified schemes. I.RANI KUMUDINI, SPECIAL CHIEF SECRETARY TO GOVERNMENT

(a) Father: ................................................................................................................................................................................................................................................................ Signature of the unorganized worker
1. Registration No:-----------------------------
1. Name of Father's / Husband's name:------------------

FORM–III

[See sub-rule (28) of Rule 3] NOMINATION FORM / CHANGE OF NOMINATION I hereby nominate person / persons / change nomination as shown below to receive the claims or amount is due to me under the Unorganized Workers Act, 2008 or the Andhra Pradesh Unorganized Workers Rules, 2012 or the schemes made there under; in the event of my death any amount due to me becomes payable to. | Name and address of the Nominee (S) | Relationship of nominee with the registered worker | Age of the Nominee | Share of the amount to each nominee to be paid | | --- | --- | --- | --- | | | | | | | | | | | | | | | | | Sl. No. | Name of the Unorganized Worker | Name & Address of establishment in which unorganized worker (not self-Employed worker) is employed | Date of application | Date of Registration | Registration No. | Remark and initials of Registering Officer | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | |

1. Name of the Worker :
1. Address :

APPLICATION FOR DUPLICATE IDENTITY CARD To The -------------------

(Notified Officer) Station: Name of the Unorganized Worker To, The Authority, (Appointed under the Code on Social Security, 2020) ………………………………………………………………………(Address) I........, the undersigned, employee of............. (Name and full address of the establishment) feel aggrieved by the order of under sub section 7(a) of section 37 for the reasons attached hereto, prefer this second appeal under sub-section 7(b) of section 37 and request that the said ................... be ordered ..................... A copy of the order of ..................... in this behalf is enclosed. Date .................................. Signature of an Attester in case the person is not able to sign and affixes thumb impression. Against of Application Opposite Party (add description and residence) Other Particulars specified in rule 5(4) Signature of Applicant Date .................... (verification by the applicant)

FORM-IX

[See rule 5 (1) (iii)] Register of appeals | Sl. No. | Description | Details | | --- | --- | --- | | 1 | Date of presentation of application | | | 2 | No. of proceedings | | | 3 | Name of Applicant | | | 4 | Description | | | 5 | Place of residence of claimant | | | 6 | Particulars of opposite party | | | 7 | Amount/ value, if any | | | 8 | When the cause of action arose | | | 9 | Day on which parties need to appear | | | 10 | Order date | | | 11 | Date of appeal, if any appeal | | | 12 | Judgment in appeal | | | 13 | Date of application for execution | | | 14 | against whom | | | 15 | For what and amount of money | | | 16 | Amount of costs | | | 17 | Date of order transferring to another civil court | | | 18 | Other remarks, if any | |

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 Code on Social Security 2020 with effect from the _____________ (date) 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 filed by me on date……… and recorded under your reference no… ……… dated……… shall stand modified in the following manner
1. I, hereby, certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause (33) of section 2 of the Code on Social Security 2020.
1. (a) My father/mother/parents is/are not dependent on me. (b) My husband's father/mother/parents is/are not dependent on my husband.
1. I have excluded my husband from my family by a notice dated the to competent authority in terms of clause (33) of the section 2 of the said Code.
1. Nomination made herein invalidates my previous nomination. | S. No | Full Name with full address of nominee(s) | Relationship with employee | Age of nominee | Proportion by which the gratuity will be shared | | --- | --- | --- | --- | --- | | 1. 2. 3. So on | | | | | (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)
1. Name of employee in full:
1. Sex:
1. Whether unmarried/married/widow/widower:
1. Post held with Ticket no. or Serial no., if any:
1. Date of appointment:
1. Permanent address:

Place: Date: Signature/Thumb-impression of the Employee Signature of the employer/Officer authorised Designation Date: Name and address of the establishment or rubber stamp thereof. Received the duplicate copy of nomination in Form-X filed by me and duly certified by the employer. Signature of the Employee Sir/Madam, I, ………………………………………… (name of employee / nominee / legal heir) / nominee of late……………………………Name of the employee)/ as a legal heir of late. (Name of the employee), beg to apply for payment of gratuity to which I am entitled under sub section (1) of section 53 of Code on Social Security 2020 on account of Necessary particulars relating to my appointment are given in the statement below:

1. Name of nominee/legal heir, (if the gratuity is claimed by nominee / legal heir)
1. Total wages last drawn by the employee.

Notice for Payment/Rejecting claim of Gratuity

(Strike out the words/para not applicable)

(a) Your claim for payments of gratuity as indicated on your application in Form-XI under the said rules is not admissible for the reasons stated below:
(b) A sum of Rs.______ (Rupees...................) is payable to you as gratuity/as your share of gratuity in terms of nomination made by on and recorded in this as a legal heir of an employee of this establishment.
1. Please call on(specify place)..................... on...........at........... (Here specify date and time) for collecting your payment of gratuity crossed cheque.
1. Amount payable shall be sent to you through demand draft or shall be credited in your bank account as desired by you.
1. Brief statement of calculation Place: Date: Employer/authorised officer Copy to: The Competent Authority in case of denial of gratuity. Date: BETWEEN [Full name of the applicant with full address) AND (Full name of the employer concerned with full address)
1. The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of his knowledge and belief. Date:
1. Date and cause of termination of service of the employee (Superannuation/ retirement / resignation /disability / death/Completion of contract period under Fixed Term Employment)
1. Wages last drawn by the employee
1. If the employee is dead, date and cause thereof
1. Evidence/witness in support of death of the employee
1. If a nominee, no. and date of recording of nomination with the employer
1. Total gratuity payable to the employee (if known)
1. Amount of gratuity claimed by the applicant
1. Name of the Establishment
1. Address of the establishment
1. Name of the employer
1. Address of the employer
1. No. of employees insured
1. Details of the Insurance Company (a) No. of Insurance Policy
(b) Date of commencement of insurance policy
(c) Terms of Insurance policy (copy of the insurance policy to be enclosed
(d) Details of employees insured details of employees shall be furnished in Form-III
1. If the employer had already established an Approved Gratuity Fund before notification of the rules, details of board of trustees of the gratuity fund may be furnished:
(a) Date of constitution of the board of Trustees
(b) Names and addresses of the Board of Trustees Station: Date: SIGNATURE OF THE EMPLOYER Name: Designation & Address OPTION FORM FOR CONTINUATION OF EXISTING INSURANCE BY THE EMPLOYER UNDER THE PAYMENT OF GRATUITY
d) No. of employees covered (details of employees to be furnished in Form-III) :
f) Date of constitution of Trust :
g) Names and addresses of the trustees.: Station:

FORM-XIII (D)

[See sub-rule (4) of Rule 7]

1. Name of the Employee : Station: SIGNATURE OF THE EMPLOYER Name: Designation & Address

FORM-XIV

[See sub-rule (5) and (8) of Rule 8] (Strike out the words/paragraphs not applicable) To, (Name and address of employer) Competent Authority under the Code on Social Security, 2020

2. The Appellate Authority, if applicable. Application for Recovery of Gratuity before the Competent Authority for Chapter -V under the Code on Social Security, 2020 Date: BETWEEN AND
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.........................for payment of a sum of Rs._______ as gratuity payable under the Code on Social Security, 2020.
1. The applicant submits that the said employer failed to pay the said amount of gratuity to me as directed by you although I approached him for payment. Signature/Thumb-impression of applicant. Complaint to the Inspector-cum-Facilitator To, The Inspector-cum-Facilitator (Under the Code on Social Security, 2020) 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 Code on Social Security 2020 and the Rules there under, I 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 my absence from work in accordance with the provisions of this Chapter VI of Code on Social Security, 2020. You are, therefore, requested, to direct the employer to pay the amount to me/ to set aside the discharge or dismissal done by the employer.

[See clause (b) of sub-rule (2) of Rule 10) (Strike out unnecessary words/paragraphs) To, The Authority, (Appointed under the Code on Social Security 2020) ...........................................................................(Address) Sir, I ......... the undersigned, woman employee of......... (name and full address of the establishment) feel aggrieved by the order of Inspector-cum-Facilitator under sub section (2) of section 72 for the reasons attached hereto, prefer this appeal under sub-section (2) of section 68 and request that the said employer be ordered to pay the above mentioned amount to me. A copy of the order of Inspector-cum-Facilitator in this behalf is enclosed; or Shri............. Inspector-cum-Facilitator, having directed under sub section (2) of section 72 to pay the maternity benefit or other amount being............. (nature of amount) to which............. (name of woman) is said to be entitled/to set aside my discharger dismissal during or on account of absence from work in accordance with the provisions of this Chapter V of the Code on Social Security 2020. Signature of an Attester

FORM-XIX

[See rule 12]

Notice Book of Accidents

[To be filled up by or on behalf of workman] Date and time of notice................................................................................................................................................................................................................................................................ Cause of injury................................................................................................................................................................................................................................................................ Signature or thumb impression of person giving notice [To be filled up by the employer or his agent] Rate of wages................................................................................................................................................................................................................................................................ Place of accident................................................................................................................................................................................................................................................................ Whereas I have received information that ……………… a workman employed by you in ………………had expired, as the result of an accident arising out of and in the course of employment. I hereby require you in accordance with sub section (1) of Section 88 of Code on Social Security 2020, to submit to me within 30 days of the receipt of this notice in the enclosed form with the particulars required in paragraphs mentioned at para (1) and (2) and the particulars required in either at para (3) or at (4) duly filled in. In the event of your admitting liability to pay compensation, the necessary deposits must, under sub section (1) of Section 88 of the Social Security Code, be made within 30 days of the receipt of this notice.

1. I reply to your notice, dated...... .20.... which was received by me on the .........20........, it is submitted that *...... residing at .........../workmen over/under 15 years of age and employed in **........met with an accident on the........20......, as a result of which he/she died on the........20......The monthly wages of the deceased amounted to Rs......
1. I disclaim the liability to pay compensation on account of the deceased's death on the following grounds:

[^] It is hereby submitted that on the........day of... 20.. personal injury was caused to........... residing at............. due to accident arising out of and in the course old employment. The said injury has resulted in temporary disablement to the workman whereby it is estimated that he will be prevented for earning more than of his previous wages for a period of month. The said workman has been in receipt of half monthly payment which have continued from the..... day of .............. 20............. until the......day of..20............. amounting to Rs...... in all. Signature of employer.................... Witness Signature of Workman ........................................................................... Date... ..20.... Workman................................................................................................................................................................................................................................................................

FORM-XXIII

[See sub-rule (1) of Rule 15] Memorandum of Agreement Date................20................ Signature of employer.................. Name of Witness of Workman........................................................................... Signature of Witness.................................. (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...........on Date... .20.................. Workman The money has been paid and this receipt is signed in my presence. ............................................................................. Witness It is further submitted that the employer of the workman has agreed to pay, and on behalf of the said workman Mr/Mrs........... has agreed to accept half-monthly payments at the rate of Rs....... for the period of the said temporary disability. This agreement is subject to the condition that the amount of the half-monthly payments may be varied in accordance with the provisions of the said Code on account of an alteration in the earnings of the said workman during disability. It is further stipulated that all rights of commutation under sub section (3) of Section 93 of the said Code, are unaffected by this agreement. It is, therefore, requested that this memorandum be duly recorded. Date ................20................ 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

(To be filled in when the money has actually been paid) Workman

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 Code on Social Security 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 to proceed to the registration of the agreement. .

FORM-XXVI

NOTICE

Date................20... . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

FORM-XXVIII

| Employer | Workman | Initials of Competent Authority | Reference to orders rectifying the register | | --- | --- | --- | --- | | | | | |

(2) The applicant sustained the following injuries, namely :
(3) The monthly wages of the applicant amount to Rs................... the applicant is over/under the age of 15 years.
(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 ..................................................................
(5) The applicant is accordingly entitled to receive:-
(a) Half-monthly payments of Rs. .........................from the..................day of 20.....................to .............
(6) The applicant has taken the following steps for settlement by agreement, namely ....................to settle but it has proved impossible to settle the question in dispute because....................
(b) Whether the accident arose out of or in the course of the applicant's employment.
(c) Whether the amount of compensation claimed in reasonable/due, or any part of that amount.
(d) Whether the opposite party is liable to pay such compensation as is due etc., (as required). Strike out of the clauses which are not applicable. To, The Competent Authority for Workmen's Compensation ........................................................................... ........................................................................... Residing at........................................................................... Applicant
(3) The wages of the deceased amount to Rs.............. The deceased was under/over the age of 15 years at the time of his death.
(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 (in due time) by reason of ............................................................................ Versus Residing at. Opposite party. It is hereby submitted that:
(1) The applicant / opposite party has been in receipt of half-monthly payments from.............to.............in respect of temporary disablement by accident arising out of and in the course of his employment.
(3) (a) The opposite party is unwilling to agree to the redemption of the right to receive half-monthly payments.
(b) The parties have been unable to agree regarding the sum for which the right to receive half-monthly payments should be redeemed. You are, therefore, requested to pass orders:
(a) directing that the right to receive half-monthly payments should be redeemed.
(b) fixing a sum for the redemption of the right to receive half monthly payments. Date...................of 20................... [See clause (i) of sub-rule (19) of Rule 18]

Notice

Whereas a claim for compensation has been made by .....................applicant, against..................... and the said ..................... has claim that you are liable under Section 93(3)(4) of the Code on Social Security, 2020, to indemnify him against any compensation which he may be liable to, in respect of the aforesaid claim, you are hereby informed that you may appear before me on.....................and contest the claim for compensation made by the said applicant or the claim for indemnity made by the opposite party. In default of your appearance you would be deemed to admit the validity of any award made against the opposite party and your liability to indemnify the opposite party or any compensation recovered from him.

FORM-XXXIV

[See clause (iii) of sub-rule (19) of Rule 18]

Notice

Whereas a claim for compensation has been made by...................applicant, against and the said...................has claimed, that...................is liable under Section 93(3)(4)of the, 2020, to indemnify him against any compensation which he may be liable to pay in respect of the aforesaid claim, and whereas the said...................on notice served has claimed that you stated to him in the relation of a contractor from whom the applicant................... could have recovered compensation. Competent Authority

FORM-XXXV

[See clause (a) (b) of sub-rule (1) of Rule 20]

Information for commencement or modification in respect of Building or Other

Construction Work by the Employer Signature of employer Name: Date: Place: Mobile Number: E-mail (if any):

[See clause (b) of sub-rule (2) of Rule 20]

Format for Self- assessment of Cess for Building or other Construction Work to be furnished by Employer

Declaration

1. I/We hereby declare that the particulars given above are true to the best of my/our knowledge and belief and I/We hereby declare that nothing has been concealed or any fact has been mis-represented in the above calculation made by me/us.
1. I/We hereby declare that I/We are quite aware of the penal provisions of the Code on Social Security, 2020 and if in future anything mentioned in the above self-assessment of cess amount, is found to be incorrect or inappropriate or any incidence of hiding the facts or under calculation of cess amount is found, punitive action may be taken against me/us. Signature and seal of employer Name: Mobile Number: E-mail (if any): Certified by Chartered Engineer Along with his registration number, with stamp.

FORM-XXXIX

[See Rule 23]

Proforma for Appeal before the Appellate Authority against Order of Assessment or Order Imposing Penalty

1. I/We hereby declare that the particulars given above are true to the best of my/our knowledge and belief and I/We hereby declare that nothing has been concealed or any fact has been mis-represented in the above calculation made by me/us. Place: Mobile Number: E-mail (if any):

FORM-XXXX

[See Clause (a) of sub-rule (3) of Rule 28] Format for Self- assessment of contribution by Aggregators of gig workers and platform workers (to be submitted by 30th June of the current year in which the contribution is payable. ) | 1. | Registration number of Aggregator / platform | | | | --- | --- | --- | --- | | 2. | Name of the Aggregator / platform and address/ location of Aggregator / platform | | | | 3. | Name and address of the authorised person along with contact details | | | | 4. | Number of gig workers and platform workers associated with the Aggregator / platform / as on opening day of the current financial year, i.e. 1st day of April in the year in which contribution is payable. | | | | 5. | Annual turn-over of such Aggregator/ platform of the preceding year | | | | 6. | Liability of the aggregator, payable to gig workers and platform workers, during the preceding year | | | | 7. | Provisional Contribution assessment | | (Amount in Rs.) | | | 7.1 | % of the annual turnover as notified under sub- section (4) of section 114 for the preceding year | | | | 7.2 | 5% of the liability of the aggregator to gig workers and platform workers | | | 8. | Amount of contribution payable (minimum of 7.1 and 7.2) (in Rs.) | | | | 9. | Payment of provisional contribution as assessed above. | | | | 10. | Details of the Provisional payment | | | | 11. | Remark, if any | | | [^]

Declaration

1. I/We hereby declare that the particulars given above are true to the best of my/our knowledge and belief and I/We hereby declare that nothing has been concealed or any fact has been mis-represented in the above calculation made by me/us.
1. I/We hear by declare that I/We are quite aware of the penal provisions of the Code on Social Security, 2020 and if in future anything mentioned in the above self-assessment of contribution amount, is found to be incorrect or inappropriate or any incidence of hiding the facts or under calculation of contribution amount is found, punitive action may be taken against me/us. Signature of authorized person Along with seal and stamp Name: Date: Place: Mobile Number: E-mail (if any):

FORM-XXXXI

See clause (b) (c) of sub-rule (3) of Rule 28] Format for return to be submitted by Aggregators of gig workers and platform workers ( to be submitted by 31st October, of the current year in which the contribution is payable)

Note-1: For purposes of calculating contribution, turnover of an aggregator as defined under sub-section (91) under section 2 of the Companies Act, 2013, means the gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year. Note-2: For this purpose, the annual turnover of an aggregator shall not include any tax, levy and cess paid or payable to the State Government.

Declaration

1. I/We hereby declare that the particulars given above are true to the best of my/our knowledge and belief and I/We hereby declare that nothing has been concealed or any fact has been mis-represented in the above calculation made by me/us.
1. I/We hereby declare that I/We are quite aware of the penal provisions of the Code on Social Security, 2020 and if in future anything mentioned in the above self-assessment of contribution amount, is found to be incorrect or inappropriate or any incidence of hiding the facts or under calculation of contribution amount is found, punitive action may be taken against me/us. Signature of authorized person along with seal and stamp Name: Date: Place: Mobile Number: E-mail (if any):

FORM-XXXXII

[See clause (a) of sub-rule (1) of Rule 32]

REGISTER OF WOMEN EMPLOYEES

Name of establishment

1. Serial Number:
1. Date of appointment:
1. Nature of work:
1. Dates with month and year in which she is employed, laid off and not employed. | Month | No. of days employed | No. of laid days off | No. of days not employed | Remark | | --- | --- | --- | --- | --- | | A | B | C | D | E | | | | | | | | | | | | |
1. Date of birth of child.
1. Date of production of proof of delivery/miscarriage/Medical Termination of pregnancy/ tubectomy operation /death / adoption of child.
1. Date with the amount of maternity benefit paid in advance of expected delivery.
1. Date with the amount of subsequent payment of maternity benefit.
1. Name of the person nominated by the woman under section 62.
1. If the woman dies, the date of her death, the name of the person to whom maternity benefits and/or other amount was paid, the amount thereof, and the date of payment.
1. If the woman dies and the child survives, the name of the person to whom the amount of maternity benefit was paid on behalf of the child and the period for which it was paid.

1. Signature of the employer of the establishment authenticating the entries in the register of women employees.

FORM XXXXIII

[See clause (a) of sub-rule (3) of Rule 32]

Unified Annual Return

A. General Part:
(a) Name of the establishment............................................. Address of the establishment: House No./Flat No.....Street. No/Plot.No............. Town.....District...........................pin code.............
(b) Name of the employer............................................. Address of the employer: House No./Flat No..Street No./Plot No............................ Town............................. District............................................ State............................................. E-mail id............................................ Telephone Number..... Mobile Number ...........
(c) Name of the employer..................................................... Address of the employer: House No.Flat No..................................................... Street no./Plot No..................................................... Town ............................................ District ............................................ State

Pin Code..................................................... Email ID..................................................... Telephone Number ..................................................... Mobile Number.....................................................

B. Employer’s Registration/License number under the Codes mentioned in column (2) of the table below: | S. No | Name | Registration | | If yes (Registration No.) | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | | 4 | | 1 | The Code on Occupational Safety, Health and working conditions code 2020. | | | | | 2 | The Code on Social Security 2020 | | | | | 3 | Any other Law for the time being in force | | | |

C. Details of Employer, Contractor and Contract Labour:

D. Working hours and weekly rest day:

E. Maximum number of persons employed in any day during the year. | S. No | Males | Females | Adolescents(between the age of 14 to 18 years) | Children (below 14 years of age) | Total | | --- | --- | --- | --- | --- | --- | | | | | | | | F. Wage Rates (Category Wise): G. (a) Details of Payments: (b) Number of workers who were granted leave with wages during the year: | S. No | During the year | Number of Workers | Granted Leave with wages | | --- | --- | --- | --- | | | | | | H. Details of various welfare amenities provided under the statutory schemes: I. Maternity Benefit under the Code on Social Security, 2020 | 1 | Date of opening of establishment | | | | --- | --- | --- | --- | | 2 | Date of closing, if closed | | | | 3 | Name of Medical Officer | | | | 3(i) | Qualification of Medical Officer | | | | 3(ii) | Is Medical Officer at (the mines or circus)? | | | | 3(iii) | If a part time, how often does he/she pay visit to establishment? | | | | 3(iv) | Is there any Hospital? | | | | 3(v) | If so, how many beds are provided? | | | | 3(vi) | Is there a lady Doctor? | | | | 3(vii) | If so, what is her qualification? | | | | 3(viii) | Is there a qualified mid-wife? | | | | 3(ix) | Has any crèche been provided? | | |

(b) Leave Granted under the, 2020 | 1 | Total number of female employees in the establishment, | | | --- | --- | --- | | 2 | Total number days of leave granted | | | 3 | Number of employees granted maternity leave/benefited by ESI | |

Declaration

Place Sign Here.

FORM-XXXXIV

[See sub-rule (1)(2)(3) of Rule 33]

Notice to the Employer who committed an offence for the first time for compounding of offence under sub-section (1) of section 138 of the, Code on Social Security 2020

Notice No........ Date: On the basis of records and documents produced before me, the undersigned has reasons to believe that you, being the employer the establishment.………………… (Registration No…………………), have committed offence for the violation of provision of the Code or the Schemes or the Rules or the Regulations framed there under as per the details given below:

PART-I

1. Name of the Person:
1. Name and Address Establishment:
1. Registration No of the Establishment:
1. Particulars of the offence:
1. Provisions of the Code/Scheme/Rules/Regulations under which the offence is committed:
1. Compounding amount required to be paid towards composition of the offence:
1. Name and Details of Account for depositing the Amount specified in Column 6:

PART-II

In view of the above, you have an option to pay the abovementioned amount within fifteen days from the date of issue of this notice and return the application duly filled in Part III of this notice. 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)

(See sub rule (2) of Rule 33) Ref: Notice No............

1. Details of the compounding amount deposited (Copy of electronically generated receipt to be attached):
1. Details of the prosecution, if filed for the violation of above mentioned offences may be given:
1. Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then full details of the offence:
1. Any other information which the applicant desires to provide. Signature of the applicant (Name and Designation) Dated: Place:

PART-IV

Composition Certificate (See sub rule (3) of Rule 33) Ref: Notice No................ Date: This is to certify that the offence under sub-section.……………… of section 133 of the Code in respect of which Notice No. Dated: was issued to Sh.……………………… (Applicant), the employer of……………………… (name and Registration Number of establishment) has been compounded on account of remission of full amount of Rs.……………………… (Rupees) towards the composition of offences to the satisfaction of the said Notice. (Signature) Name and Designation of the Officer Date: Place

FORM-XXXXV

(See sub-rule (4) of Rule 34)

From for Reporting Vacancies to Career Centers

(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:
1. Particulars of the indenting Officer: Name: Designation : Telephone No: Mobile No: Email address:
1. 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
1. 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 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 ( d ) EWS ( e ) Ex-Serviceman ( f ) Persons with disabilities (pwd) ( g ) women ( h ) Others (specify) Total *By Priority candidates

( Applicable for Central Government vacancies)

(For Official Use- to be filled by Career Centre) Signature, Name & Designation of Authorized Signatory of Career Centre with seal& date

NOTE:-

1. Career Centre to which the vacancies are reported, would provide a unique vacancy reporting number for the vacancy reported and convey it to the employer in writing, through email or digitally or through any other such media immediately but in any case not later than 3 working days from the date of receipt of reporting of vacancies.
1. 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.
1. Any change in the particulars already furnished to the Career Centre, shall be reported in working or through valid official email or digitally (including through a portal) as the case may be, to the appropriate government.

FORM-XXXXVI

(See sub-rule (7) of Rule 34)

Employment Information Return

Yearly Return to be submitted to the Career Central (Regional) for the Year ended .................. The following information is required to be submitted under the code on Social Security, 2020 (Chapter XIII – Employment Information and Monitoring). | Name and 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 to whom 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 the provisions of the 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 occupancies also for which this establishment had any difficulty in obtaining suitable applicants recently.)

1. Estimated Manpower Requirement by Occupational Classification during the next calendar year (Please give below the number of employees in each occupation separately). In the column (description) – Use exact terms such as Engineer (Mechanical), Assistant Director (Metallurgist); Research Officer (Economist); Supervisor (Tailoring), Inspector (Sanitary), Superintendent (Office), Manager (Sales), Manager(Accounts), Executive(Marketing), Data Entry Operator ......so on. Signature, Name and Designation of Authorised Signatory of establishment/ employer with seal and date To, Note:-
1. This return is to be filed with Career Centre (Regional) within 30 days after the end of the financial year concerned by establishments/employers vide their obligation under the Code on Social Security, 2020( Chapter XIII-Employment Information and Monitoring).
1. The main purpose in obtaining the information from employers is to know (i) the vacancies/employment opportunities available; (ii) type of personnel who are in short supply; and (iii) future job opportunities for providing vocational guidance to the jobseekers and connecting them with the employers. This is helpful in ascertaining the skill needs also. Employers too will be able to call on the Career Centres for getting suitable candidates as per their requirements. --XXX---

Telangana Code on Social Security Rules, 2022 (Draft)

Full rule text

GOVERNMENT OF TELANGANA

LABOUR EMPLOYMENT TRAINING & FACTORIES (LAB-I) DEPARTMENT

CODE ON SOCIAL SECURITY (TELANGANA) RULES, 2022

CHAPTER – I

1. Short title, extent and commencement:–

2. Definitions:-

CHAPTER-II

B. TELANGANA BUILDING AND OTHER CONSTRUCTION WORKERS

CHAPTER-III

Employees Compensation

14. The statement to be submitted by the employer in the prescribed form under sub section (1) of section 88:-

15. The manner of recording the memorandum in a register by the competent authority under sub-section (1) of section 89:-

SOCIAL SECURITY AND CESS IN RESPECT OF BUILDING AND OTHER

21. Time limit to pay the amount of cess and the rate of interest in case of delayed payment of cess under section 101:-

24. Manner of registration of building worker as beneficiary under section

FINANCE AND ACCOUNTS

AUTHORITIES, ASSESSMENT, COMPLIANCE AND RECOVERY

OFFENCES AND PENALTIES

FORM–III

APPLICATION FOR DUPLICATE IDENTITY CARD To The -------------------

FORM-IX

Notice for Payment/Rejecting claim of Gratuity

FORM-XIII (D)

FORM-XIV

FORM-XIX

Notice Book of Accidents

FORM-XXIII

Receipt

FORM-XXVI

NOTICE

FORM-XXVIII

Notice

FORM-XXXIV

Notice

FORM-XXXV

Information for commencement or modification in respect of Building or Other

Format for Self- assessment of Cess for Building or other Construction Work to be furnished by Employer

Declaration

FORM-XXXIX

Proforma for Appeal before the Appellate Authority against Order of Assessment or Order Imposing Penalty

FORM-XXXX

Declaration

FORM-XXXXI

Declaration

FORM-XXXXII

REGISTER OF WOMEN EMPLOYEES

FORM XXXXIII

Unified Annual Return

C. Details of Employer, Contractor and Contract Labour:

D. Working hours and weekly rest day:

Declaration

FORM-XXXXIV

Notice to the Employer who committed an offence for the first time for compounding of offence under sub-section (1) of section 138 of the, Code on Social Security 2020

PART-I

PART-II

PART-IV

FORM-XXXXV

From for Reporting Vacancies to Career Centers

NOTE:-

FORM-XXXXVI

Employment Information Return

Official gazette PDF