,

71

l Pa~;nt r;t wa~·es-: Act'';,..19"36 "(No ... _.::4cof: 193-6) ,1 or: any ."other law 'forl,thet't~me 'being' in' for'ce .rl:-:.i.: b~•nlt.1jnlu.'!I ,")d Oj. · • . b~db:::ie~'lq Qd yr,,'J'l Ufi

""l°i"!' I-~) nS~e ~<:)a.rd ~~Y_, -~i th t~ ~pproval of __ the_ State Goverrunent-;:i make I"a,¹grante out f.iof fthe.e' fund to any employer; rany:·local J authority or rany (other, body·. in" aid of any activity r, for I the, weil fare' of t labour ; l e j•,,: '~, ::i :;i.6 , , b9dl-:i;=-,a9'.lg

•1 ·• .. • ,II • ... ~

{4) If any~_qµetion arises whether any particular

e~endi t"i.tr7e?fii · "ar}Js⁰riot .:'debi fable :J to\ the ; Fund i the ' matter sha l ~- be .,-tif erred ; to 'the : state '. Government X and th~ =-a.ec⁰

ision'"•gfJe~·.-,i;y .', the'·' State =Government

. rin~i.("\ l ~•.:1 ,~ J e,_. ~,'..,! LlI'.:l~:- ~!'lnr,r~-; ::d'!' · "'l:S:3"{. -~ (:,,:: 11.'5.1' .!. l llrl.:t

• "'166'£ £ r,; :kw:; l ~ :!:-.-.•1a ,:j::J 10 I,!1!.!. .1~.,~,::, :, -s·s:. l ~,d 1 :u, fr::t!'So8 ~d iJ(s·i~ It."s:tiJ1t:·1:::ie'¹

iawfu11 for ¹the"!Boa'td,to)continue

• 11.-•.-. :'.,, fl.I...••""'~~-- , • .-.-! - J ~ r•"

any act 1 v_i ty financed ·from the 'lobou r, we l fare¹fund· of any. establishment if .the. said fund is only~ transferred ~ - j " - ~ - + > - J..,. ~r Ir -1" . ~ ... ,. ,==._ ■ • L • - • ;.., ~ • I( C ; \ ~ 1 , to, the ~Board ."tinder . sub-section l 3 l of Sect'ion ·3 ."

• - ~' • •. -- ~ • .._. ~- • -· r .. 4:--" \ ~ .... • • .... ,,, -,F ,.Is ... • J.u ~ 'l ...., ... 1! l:J .=.., l.llU.r.l ud j .J.'"'H.,,t:!J.,~J:1lJ.~ • ...-r~1;;. f'l!,i⁰

0·,j1,_· ]d,U::tl.l:J.1 f.~,;,,--.? n t; 1n ... , •.. ,,_,. ' 12 . · _:~r of. Board to. borrow .-.J!'he Board may f ram

• ~ •·· ,. ........ ~.-• J __ .- .; ... ..,Jl_ 1 ·.J 4 , J ... .....:-i..i r., ~!1_1 ~ _u:;; ~ ·•,··---, , ""-•- .... ,..... ~ime_~o .~:~~-with the prev}ous sanction of the-State

Government !and¹.s~ect,1 to ·.the provisions:of tpis Act

'and ~to.;.iS¹uc}f/cop.ditions ¹:as,.rnay beJspecifiedJ(in this

behalf borrow any s·Ulll ;required for the purposes ·of . this Act. 11 . -

,,. ., ,, ....... ll;t-~:o !q.::a "i' r ao-.:.1.i:v l. ◄ ~;,; ?o .,.,,.,~H-~ . u- ;,1 ·' ~l ; '\ti' 3 1, ~riv••tinant u·of .-Pwld,_..Where the'tffund )'or' t:ariy !"J.-.'.d '\I( &.;4.-'•' " 4•~~-~L1-~ r.--- ., ,..:•♦• f -l""'i,-.. ..... T ... - -I'. C' • ': ..... f f¥1""i ...... • ,..,_ .. • ... T,....... • t",

. portion thereof_ cannot be applied at ·an ·_early· date¹for '.iul⁰f_i lli\~ft' th~ 'obj ~c't's ,,7i. the.'Act'/" the· Board may":'fnves t & , ■ ........... _ ;,~.':.II I ... / r -....J ..i. _:: I,,~ ..L ,i ;~4•. • ........ •J - 'f ;Jf"'&~, • -....,_ "l.r- ~",,,,.. l, .~• • ~ ~ ■ b ... • "': ... :lP •- the same in purchasing th€' savings fcert1f1cates or

I • f I • - ~ I ~ I I.,, :.. "'" -·•- :;. ... -- .... -i,

deposit it in Post Office Saving Bank o-r·in.any account

f.with Ea !lScheduledi·B~nk,'lor r.,JnvE::st! :i_':_tt.~:!\!'~:v~::nrnent

2securi ties,-, The Board may \oiith-the_app;?'.:'1:~ :?~ J..t~~ ~1;:~.~e

t Government , ,:-f a 1 so ) invest {~ it Jc. in_J a?y \ '!._ tI:i,~~~ ~2?:. ,x ~ f

~1investm~nt.,'Ll;t.:.i"',·rcn i::1:re u= .:i::io:r.i,1 =- ·1 ""ti.IJJu·1 ~!{j

9dJ' -..:c t.si.-:,..:t .. rtJ H,j:I oJ ,ru.11,j~r.ic.01,-.i: gtij tii b9.r.li·;-,'lb

_ l. _,S~stitut~ by _Act No. ~ll_o~. 1°996 ..¹:-' 11'-'J.ilil:..l/J~~~

. itl!I" r !o : : . o:, :i~A yd f,gni,,,.i .i

72

14. AU4it and Accounts.-( 1) The Board shall cause ·to be maintained such accounts, records and registers as may be prescribed.

(2) The Board shall, soon after the close of the financial year prepare an annual statement of its accounts in such form and in such manner as may be prescribed. ~

1 (' '14-A. Annual Report of the Board.-(1) The Secretary of the Board shall prepare an Annual Report in respect of. ¹the affairs of the Board and the fund for the financial year. The report shall be laid before the Board at the first meeting of the_next financial year. The manner and contents of the Annual Report shall be such as may be prescribed by theregulatiops. ( 2) A Copy of the report which is to be laid before the Board under sub-section (1), shall be sent to every member of the Board together with the annual statement of accounts and the audit report, if available. ( 3 ) A Copy of the report , as approved by the Board, shall be sent to the State Government duly signed by t·he Secretary.

14-B. Report cf activityes by employera.-Every

employer shall send a report to the Welfaie Co=issioner on the welfare activities conducted by him during the financial year in such form and in such manner as may be provided in the regulations made under Section 33-A.

11

(iii) It shall be the -duty of the Welfare Commissioner to ensure that the provisions of this Act and the rules made thereunder are duly carried out and the decisions of the Board under this Act or the rules made thereunder are implemented. He shall therefore have'the powers to issue orders not inconsistent with the provisions of this Act and the rules made diereunder, as he deems fit .

(2) The State Government may also appoint one or more persons as Addifional - or Deputy Welfare Com.~issioner. The Additional or Deputy Welfare Commissioner shall exercise such powers and perfona such duties as the Welfare Commissioner may, with the approval of the Board, by order specify. For this p~ose the Board shall be Competent to fix the area or areas within which the Additional or the Deputy Welfare commissioners shall exercise the powers and perform the functions so specified.

(3) The Secretary of the Board shall be appointed · by the State Government.

16. A,ppoint:mant of Xnapectors.-(1) The State ·Go_v~rnment may appoint Inspectors to inspect records to ascertain and verify the sums payable into the fund. Insi;:,ectors appointed under sub-section [<2·) of section 40 of the Mad.~ya·. Pradesh Shops and Establishments Act, 19 58 (No. 2 5 of 19 58) shall also be ' deemed to be Inspectors for purposes of this Act in respect of the establishments to which the Act applies.

( 2) Anyinspector may-

(a) with su.:::h assistance, if any, as he thinks fit, enter at any r~asonable time any premises for carrying ou~ the purposes of this Act;

(b·) exercise such ot:be:?:" powers as may be prescribed.

'\

74

72

9"1 .e 1 1 [ .'.'' 1 7 '! :·Appointment of :i Oft icers . and Other. Staff. - The Board.shall have,powers subject.,t~ .sU:ch conditions : as may. be prescribed , ~ to appoint officers , .~c lei i ca 1 :and _ex_~cu~~:-:e .. l_st_~~-f" ~~~t~e-f "i ~~a~;,t.h~~'.3,.., app~~n.t~e~:~::~~~5 Section,_ 15, to. carry out · and ·supervise~ the> act 1 vi t1es ~financed' from ,;the'' fund!·, ":°') .tq. 7,l E' H", 'l<:,:·!ll;9'.t•)rlj f•~.P.:/1( u.; .1.w .,.-u,~ 1c..r :?_:tc~f!.r .::oc: a '.l.!al.b .::o m12rd o::I r;:-::::,10,,0 mi:t ~,vr,rl

5 'b.b/'.'l 18 :' Deputation of Governmiint Servants :~~-[The Sta,te Government may,in consultation,with 1the Board depute to the service 'of ¹the Board any G'overnment S4rvruit) and -.the,terros and conditions of deputation of suph servants

• • ~ _... - - -- - • · - • ~ ~• ,. • ._..... '~ W • · • • ~ iii, .J •-. - • - r • ,.~I:!.~~~ 1, 7 be.·1',~ 7 5:erminf~d ~Y, .. _ ~he_ b State G~v':I"Ml.ent ~ _i_n consultation with the ·--soard ~and⁵the '-'-c~rms ~-and

~ condi ti ori's' ·s•or de t·e:nnin'ed 'shall· b'e binding on the · Board . m :l<):. "l E:>q ~flf', ..:. ·! ,;,,;,_-,(_; .ti =,11-,. !> -.l^O ~ •• -~x~, r ~ cn:a 'l ano ~" ~ ; ..,.,c '.) ,,,.; ~ cf 19 ':' Power 1 to; impo•e-: ~i~~;:-:-P~er·.l t~'"'-~ ~os~ lpu:oiabment,.;..Notwithstanding anything contained in this

,Act E or the rules C made .:;the:r_:eund1:_1:"_' f;. l:.~c ~n s.~.ti.e ,i?Pit:i'O:n -,of ,.the Stat~ .G~~~r.rn?,~nt_,~nY;_?f_~~?~r or s~r_yan~t~ of ~~-e r:~oa~d_ :1:s, negligep.t·. ~?_ the dis_cha_r.~. _of, !'t~s _ <:1_1:1:1;_ iE:~, _i ~. ~ay

after making·enquiry·in the·prescribed manner ·suspend him or may impos·e,;ariy''-·other ;--purifsrunent'r.asl; may Ebe tprescribed and i_f in the opinion of.the State Government he is unfit for his employrnent:.it-mayreniove_hiin from .... ~ ~-··---.,.. - . - .>,..- .....,,. ~ ... , .. ,i;..,, -.41 ... J 1f "'-' service. ,ej~j";? ~..;I~ { t''- ;,r-- .... , ••-.. - • ,#,o _ _,,. ,:I. ~ "a.

20:'se:rvice conditions.-The method·of•recruitment e~~dlthe1~6iiditiiiiis?cif'ser~i~e:iricludingrpay-scales~

• .br.t,::: l"lt(al J,o·f'::the•,persons •appointed .under Jsection:15 no 1:,:; ~ou le (:::: shall·: be such: as r may.; be J specified, by, the ,:J'JI, 1:1.:tnr,,ir..:fo ,' State: Gov_er~f;I?t; t"f. t:,1 q , vi, ... •,M nr{; •;,. -;;; sd oJ fl.:,.; (bl ri of ,the perons appo1nted under Section 17

t-riJ :!o f')~"'-c~ sha_ll .·b~-,,_suc~·i',',i~ _1~uiy:·-~~ :_d~~~¥mi_1\e_d oy ~he ~ Board'by regulations·made~under·Section

33'....A~,;·, .1~-!~ .. ,r,:, J!~I!ii,, ;,::, l ./1,, .. -,,1;,d; f...'.~rm

4 21 . Lim! tation on •xs,endi ture. -The : expenditure -exn lt.j sii ~ f, -~r:1 the o~ f_~cef:!i, ari~ thE: se_~y~n ts. ~~po in~ed

•• s .,1,.!: • ,.~~de.r ~h1:~-~hapter_~':d ott:er adm1n1tra~1ve y;: • , :.r ~.1.c.expend1ture shall bot exceed the prescribed !o ~SeGqluq Sf'peic'entage-of the-annual income of the Fund. ·~ .. --..."!: :Ill_ ..,~

~ i. 'sub's ti tuted by^I Aet. No ."'-11 t of 1996: ~: ; _ :"n ,_. 1 d J ' 2. Amended by Act No. ll·of 1996 .. fa,-.:!l-: .. .:;, iq

3. Substituted by Act No. ll of 1996.

I

~-

75

•

.,

!J :J B:J.?. =-ii :3 l I f CHAPTER ~f" v--tiiscii.i:Jwious :;;:.t•P. . i:! !;:

j LL".5~ "-Jb !lbl'.lr.t bs.rl i;-:c;;ou <,;ri.1 J enJ ~9 .i::: ai:l' 62 2 .i J t::~m!';-ig•:,: cC>

2 i:rl;_; l i2; t, Power" to--call' foi records'. !:..Ofhe- State Government di or any,. officer ra:uthorised. by l the -'State Government )Jlin ·r~ thi~ : beha 1 f} may ! c·all' for. the records ~ 6 f:; the"> Board, i!C irispeit :J thJ (Csame and¹1 may ,: supervise 1-:: the: working E of ~r~the Board~;.:!U:J.f:1e:to:.:•t '£10,"J bn,1 ~;,:~pl! ~-il eb92-:,:9qua. : o-.usoe !'.' d;;t l O O•J L, U j .i: :; ~ :10::) '.1 C, ~I f:>9-~ l .;_::, I'!. ;;,:r (..j '!:Sn .. 'll'i''it

23. Dir•ctiona by the State Government to Board.-

n0The :1 _S_ta_t_e_ ?<:>v::er~~nl:~_may rt9~~e :~? = t1!;e_b!l?.~~? s?ch 9" dii,r_e~l:i_a~s_ -"!_;;;_ 1 ~n _ ~ ':_s.:. ?P_~l!_i?P, a~~_ J:!;~C:_~~S~;Y: ~~. ~P!;9?--~nt 'l rl in . , conne~ t; i ~:m; l'1 i ~ 11 ;:__expen?,_i t.~1:-~- ,_ ~ :i::~~:.: ~h~;, _f ~~~...:.~_r_; ! or 9 r_carrying ~u~lthe __ ot~~~ pu_rpos_eJ/?~ th~~~~- a!l~--~~ B4:1~rd

' !jf'_ sh~l l: comply.., wi ~1!:-'l ~uc~ d_i_z::~~_t;1-o_n,.s_._, h!Ll.i ,r•; .i: j J.H'!lifrp,:s \ "Ill «: ....

1 [ " 2 4 • Mode of recoveey of sums payabl.e r to-,; the

Ii::,,'., t,,,& ~!- 1 .c;q~ '.1:)~ar~-::, ( ~ ) r,., Any .. _ Sll:_l'.11 payap~e _ ~o f_~e Board dr.'()i !J~tl.Jl. 1-,•m ..,.,-,0!\:_~n~'? c;h~-:F':1~~ ~~~~!t~~~-•A<:t,.;_s!1~11 ;o tz-z..:;::n."";'=" · e--.i w~!=~~llt :p:z:ej~d~5=e .i: !=~_-;,?nY.:.°..~~er.)_~od~_1 of -::fl:.-,l:'lo·. ti.·:.;:,._, yd ~~co~~o/•"-'~~J r_e_c;o~~1:_~~~e:c..o~~-~E:l;~~~.,;:of 2.hfa _-:ol ,ni,AJ..-r!' ._t!i,~.:. f:lp~r~ :_a_s::.~~ ':,~r.e~.1:-, ~~' 1_~'=1_ _r_1:_~en~e . ., ( 2) The State Government may, by notification,

author.ise officers of the State Gov.errnnent

. . . not below the rank of Labour Officer to e -i ~•:;..:'.;;:;1 !:;>rt l - . ;t1::.1• .. .., •• -.i , ... -~ .. ,.. v-.; t.-.. • .; _, '" , ...... - ·••·-- .,. .- - "'

• r exercise the powers of a Tahsildar under :gn":.t .s...;: :J-92 :.:.~:-f.:-.. -!"'lU [._ - _, ..... _ ~ ......... ,... .,.. - -.,-..__ - -, - ·:.:. ~ ~ :- T __ ,. --.. _ _. - - .. ,..,,c- -.h ,- - .. > o:1 ~-:>.1!~•Jb ,,d Ua-~;c;:~n.~ 1~7 ?! the .. ,M~~ya ~~ad_esh ~and

fo H Hv]j'.) ~; ·10 ~~~!:e~.7. S~'°::l.~-~~?, ~'~ 0

!t;, 9~.~)!,.~or · .recovery of.sums,under sub-section {1) . .., In;:.~.., -v ••1..1..,. t .... -=.·b..1: . ._::=. .. -J .. ~ • ,~;.1:.·.:- · ,,.n...1.1nt.._;_ ~J __ J

(3) The officers authorised under sub- -.d:tl£-~ J:ioov ,r.i. tsectionr(2)?may:cause·a,notice of.demand_ e; .I II.c,rfa: :.;:::--li.b,to :be served on any_ defaulter before, the rlJ t £.'! ·f;<)O(l r~ l 2 i issue of: any: proces·s , under ,-.Section~ 14 7 .1-... .q'. i!i of the Madbya,Pradesh Land Revenue Code, 19 5 9 (No. 20 o_f 1959 I for the recovery

of any arrears.

y_u , y1,m: =. ( 4) r.:-:i- All; other prov is ions.-of Chapter' XI of the lo ci-:~L=> -10··1 :tm aforesaid,· Code shall cl .apply l mu tat is .!ire '!0 ~ool?ivo-.rmutandis:mfor I the.::i:recovery_;.j:of,.1sums ni b9tll~9Q:2 9d ·payablea.to~theJBoard:or intojthe1Fund under this Act.'' .].noi:1s~t½r:1cn 9~~

1. Substituted by Act NO. 11 ~f 1996.

76

25. Superseseion of Boar4.-(1) If· the State Government is satisfied that the Board had made default in performing any duties imposed on it by or under this Act or has f.:!.bused its power or has failed to comply with

any direction giye~ by the State Government under Section 23, the slite Government may by notification supersede the Bq~rd and may reconstitute it in the. manner prescribed. for constitution of the Board:

• Provided that be'fore issuing the notification W1der this sub-section, the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded_and shall consider the explanation and objections, if any, submitted by the Board.

{2} After the supersession of the Board and W1til it is reconstituted the powers, duties and functions of the Board under this^I Act shall be exercised or performed by the State Gov~rnrnent or by such officer or officers as tJ;i~\:-State Government may appoint for this purpose.

2 6 . Members etc. to be public servant. .-The members of the Boa rd, and the per sons appo in tedd under ·sections 15, 16, 17, 18 and 25 of this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 {Xt.V of 1860}.

27. Protection to persons acting in good faith.-

No sui-t, prQsecution or other proceedings shall lie agains~ any person for anything which is in good faith done or intended to be done under this .. Act.

28. Exemption.-The State Government may, by

• r;i.otification exempt any establishment . or class of establishments from all or any of the provi'sJons of this Act subject to such conditions as may be·specified in the notification.

•

77

75

29. Amend.mant of Central Act, No. 4 of 1936.-In

sub-section (8) of Section 8 of the Payment of Wages Act, 1936 (No, 4 of 1936) in its application to the State of Madhya Pradesh, the following proviso shall be inserted, namely:-

' 'Provided that. in case .of ---any Factory or establishment to which ~he provisions ~f the Madhya Pradesh Shram Kalyan Nidhi

Adhiniyam, 1982 apply, all such realisation shall be paid into the Madhya Pr-adesh

Labour Welfare Fund constitutep under the said Act and shall be applied for the

pursose of the said. Act.''

3 0. Vesting of certain properties .-THe :5tate Government may by an order transfer to the Board ~he property, both movable and immovable, belonging to it, and b~ing applied in running the departmental Labour Welfare/Centres.

31. Penalty for obstructing Inspector in disch&rga of Inspector' s duties or for failure to produce documents etc.-(1) Any person, who wilfully obstructs an Inspector in the exerc:..se of his powers or discharge of his duties under this Act or fails to produce for inspection on demand by an inspector any registers, records or other documents maintained in persuance of t])e provisions of this Act or the rules made thereunder or to supply him on demand true copies of any such documents, shall, on conviction, be punished,-

(a) for the first offence, with imprisonment for a term which may extend to three months, - or with fine which may extP.nd to five hundred rupees, or with both; and

(bl for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:

78

Provided that where the offender is sentenced to a· fine only, the amount of fine shall not be less than one hundred rupees.

1 (' • (2) .If an employer-

(a) fails to pay the contribution or any sum which he is liable to pay under this Act; or

{b) is guilty of any contravention· or non- compliance with any of the requirements of this Act or the rules or the regulations made thereunder, in respect of which no penalty is provided;

he shall be punishable with imprisonment for a term which may extend to one year or with fine whic may extend to two thousand rupees or with both.' '.

32. tower to make rulea.-(1) No Court inferior to that of a Judicial Magistrate 9f the first class shall try any offence punishable under Section 31.

(2) NO prosecution for such offence shall be instituted except by an Inspector with the previous sanction of the Welfare Commissioner. ( 3) No Court shall take congnizance of such offence unless complaint thereof is made within six months of the date on which the offence is alleged to have beenconmitted.

3 3 . ( 1) The State Government may, by notification, and subject to the conditions of previous publication, make rules to carry out the purposes of this A~t- · l. Inserted by Act No. 11 of 1996.

l

•

,I

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) (i) the intervals at which unpaid accumulations shall be paid under sub- section {4) of Section 3;

( ii) the agency which shal 1 collect the sums and the intervals at which and the manner in which such sums shall be paid or collected under sub-section (5) of Section 3;

(b) (i) the nwober of representatives of emp layers, employees and independent members on the Board under sub-section (31 of Section 4;

{ii) the allowance, if any, payable to members of the' board under sub-section (51 of Section4;

(c) the constitution and term of office of the member of a committee under Section?; I {d) the particulars which a notice under sub- ;-/ section (3) of Sec.tion 8 sha:i.l contain:

{e) the form in which statement shall be submitted under sub-section (8) of Section 9;

C-f) the accounts, records and registers to be maintained _under sub-section (1) and the form in which annual statement of accounts shall be prepared under sub-section · (2) of Section 14;

(g) powers which an Inspector shall exercise under -clause I b) of sub-section 12) of Section_ 16;

!h) Conditl~~s subject to which the Board may appoint officers, clerical and executive staff under section 17:

(i) the manner in which enquiry shall be made under Seption 19;

1

[(j) the metho9 of recruitment and conditions of service of the persons under clause (a) of section 20; J

l. Substituted by Act No. 11 of 1996.

(k) the percentage of ~he annual income of the Fund beyond which the Board may not spend on the staff and other adminis-trative matters;

(1) any other matter which has to be or may be prescribed.

1 [ 3 3 . A (1 ) l':te -Board may with the previous approval of the Stace ~overnrnent make regulations not inconsistent witlJ: -~his Act and the rules made thereunder for the: purpose of giving effect to the provisions of tne Ac~.

(2) In parcic"i.llar and without prejudice to the generality of-the foregoing powers, such regulations may provide for all any of the follow~ng matters, name.ly:-

(i) the manner of preparation and the contents of the Annual Report under Section 14-A; (ii l determination of the working and service conditions of persons appointed under Section 17;

(iii) preparation and maintenance of con£ idential records relating to officers and staff working under the Board and preparation and maintenance of oth9r records of the Board;

(iv) any other matter which has to be or may be required to be made by regulations.

34. (11 If any difficulty arises in giving effect t.o the provisions of this Act, the State Government may, by general or special Ofder pubj_ished in the Gazette, make such provision not inconsistant. with the provisions of this Act as appears to it to be necessary or expedient

• fo:r he removal of the difficulty : "I

Provided that no sui:::h order shall be made after the expiration of two Years from the corn.~enfement of this Act.

(2) Every or.der made under sub-section (1) shall be laid on the. table of the Legislative Assembly.

1. Inserted by Ac c No. 11 of 199 5 .

,.

79

No. 3 4 6-2 5 9 2 -XVI-8-8 5. -In exercise of the powers conferred by Section 33 of the Madhya Pradesh Shrarn Kalayan Nidhi Adhiniyam, 1982 (No. 36 of 1983), the state Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 33 of the said Act, namely :-

P.U'LBS

1. Short title and ccitmn.encament.-( 1) These rules may be called the Madhya Pradesh Shram Kalyan Nidhi Rules, 1984.

(2) They shall come into force on such date as the State Government may by notification appoint.

2. DefinitiQ!!,S .- In these rules , unless the context otherwise. requifes,-

(al ''Act'' means the Madhya Pradesh Shrarn Kalayan Nidhi Adhihiyam, 1982 (No. 36 of 1983)

I

·(bl ' 'Form' ' means a form appended to these rules; (cl "Section" means a Section of the Act.

3. PaY1nent of fines and w:i.p&id accumulations.-(1)

Within thirty days from the date on which the Act comes i.nto force in any area in respect of the establishments specified therein, evecy employer of such establishments' in such area shall pay to the Board by cheque, bank , draft, money order or cash.

(a) all fines realised from the employer before the said date and remaining unutilised on that date:

and

(b) al 1 unpaid accumulations held by the employ'~,t\pf'! the aforesaid dat~.

82

(2) Subsequent to the first payment made in accordance with sub-rule (ll every employer shall pay to the Board, all fines realised from the employees and all repaid accumulations ~uring the quarter ending 31st March. 30th June, 30th September and-31st December within fifteen days from the· close of each quarter.

(3) The payment W1der sub-rules (1) and (2) shall, in each case, be accompained by a statement giving full particulars of the amounts paid. ~

(4) all other amounts mentioned in sub-section (2) · of Section 3 of the Act shall also be paid to the Board. ( 5 J Every employer shall submit the Board a statement of employer's contribution and employees' contribution in respect of employees whose names sta:1d on the register of the extablishrnent on 30th June and 31st December respectively in form alongwi th the payment of contribution under sub-section (JJ of section 9.

4. Notice for payments due,-(1) The Welfare Commissioner may, after making such enquiries as it may deem fit, and after calling for a report from the Inspector. if l)ecessary, serve a notice on any employer to pay any portion of fines realised from the employees or unpaid accumulations held by him which the employers has not paid in accordance with rule 3 or the contributions payable by him under Section 9 within the period specified therein, which shall not be less than 30 days from the date of service of such notice.

(2) The notice under sub-rule{l) shall be served on the employer either by personal service or by registered post ac1'J1owledgement due:

Provided that in c·ase may employer refuses tofeceive such notice or it is returned by the postal authorities with the remarks that the employer refused to a~cept

it or it cannot b~erved it shal be deemed to have been

served if a copy· thereof is posted obn any ~1:1-itable place at or near the.main entrance of the Estal:;i11:i . .:ihment. S·. Number of members to be nominated.-The number of .. ·me~er~ to be nomin~ted on, the. Board under clauses (b) r

and (c) of sub-section (3) of Section 4 shall be as under

(1) Representatives of the ernployer-6

(2) Representatives of the employees~6

(3) Indepe~dent memb,ers of whom at least one shall be women-?

5. Allowances: to Chairman. and members.-( (1) T~e cmirman, if he.is a no~-official member the will be er.titled to get su~h allown~ce anc:J.,~ other fac'ilities a!: may be·:" prescribed time to . t"ime by the State Gwernment: .

(2) the other·members·of the Board excluding. Secretary Eh.all be eligible . to• ~n· • allowance of Rs·':--.. 25 for Ettending each meetin~ of the Board.

( 3) The Chairman. and members of the board while :ravelling on duty.shall be entitled to travelling and daily allowane:~s ~s are admissible to First Grade Officers of St~te· Government.

7. Can.duct of business by Board., - ( l) the Board shall meet -at least once every quarter as often as may be necessary.

(2) All members-of the Board shall be given-fifteen clear days notice of a meeting specifying the date, time and place of the meeting and the business to be transacted thereat :

Provided that, a shorter notice may be given if in. the opinion of the Chairman, business of an emergent nature has to be transacted.

(3) the number of members necessary to constitute a quorum at: a meeting of the Board shall be seven of wjlom at least one · each shall be

from employers, the employees and the independent membe~s. (3). (al If·a member is unable to attend any meetlng of the Board, he may, by .a written instrumen~ signed by him addressed to the Chairman of •the Board, rnd explaining the reasons for his inability to attend the meeting, appoint any representative of the organisation which he represents on the Board, as his substitute for attending that meeting of the board in this place:

Provided that no such appointment shall be vali.d unless;

(il such appointment has Been approved by tl"e Chairrna~ of the Board, and

(ii) the instrument making such appointment ha:

been received by the Chairman at least seve1 days before the date fixed for the meeting~ '

A substitute validly appointed shall have all the. rights and powers of a member, i.n relation to the' meeting of the Board in respect of which he is .. -.

appointed. .l

(4) Every meeting of the board shall be presided over by the Chairman or if the chairman is, for any reason, unable to attend it, by such one of the members present, as may be· chosen by the meeting, to be the Chairman for the occasion.

83

"

(S) If there is no quorum present as.laid down in sub- rule (3) the chairman shall, after·waiting for thirty minutes from the time fixed for the meeting, adjourn the meeting to such hour on some other day as he may fix. A Notice of such adjourned meeting shall be sent to every member of the Board and the business fixed for the original meeting shall be brought before the adjourned meeting and may be disposed off at such meeting whether there is quorum or not.

(6) All questions placed before the me.~ting of the Board shall be decided by a majority of the members present and voting, at the meeting the chairman have a second or casting vote in case of equality of vo'tes.

(7) the Secretary, and in his absence any other officer of the board authorised by the Chairman, shall record the minutes of the proceedings of the-meeting of the Board and shall include therein the names of the members present. A copy of such minutes shall be submitted to the State Government as soon as they are confirmed by the Board.

8. conetitutionof Committeee.-(1} a Committee which may be constituted· under Section 7 shall consist of members not exceeding 7, out of which at least 3 shall be members of the Board.

(2) The term of members of a committee appointed for

r a specific job shall be the period taken for completing the said job, provided that in no case which term shall exceed the term of nominated members under sub-section

(4) of Section 4 of the act.

(3) the term of members of other committees shall be coterminus with the,term of the nominated members under sub-section (41 of Section 4.

86

9. Particulars to be incorporated iD the notice under Section 8(3).-the notice referred to in sub-secticin (3} of Section 8 shall contain the follow/ng particculars, namely:-

(a) na.flle and address of the establishment in which the unpaid accwnulation was earned;

(b) wage period during which the unpaid accumulation was earned;

(c) amount of theunpaid accumulation;

(d) list of employees and the amount of unpaid accumulation in respect of each of them paid to the Board.

10. Statement under section 9 (8) ,-th~ statement to be submitted to the State Government by the Welfare Commissioner under sub-section (8) of Section 9 shall be in Form¹8 ' .

,

85

( f) Reg~ster of contribution ·received under Section 9;

(g) Register of payment of allowances to members under rule 5;

(h)_ Register of immovable properties of the board;

(i) Register of movable properties of the board;

(j) R~gister of penal interest paid under Section

. 10; (kl Register of voluntary donations to the Board; tl) Register of grant in aid or subsidy paid by the State Gove_rnment;

' (ml Register of sums borrowed wider Section 12;

(n) Register of loans advanced by the State Government;

(o) Register of grant in aid under Section 11(3); (pl Separate registers on expenditure in providing Welfare facilities mentioned in•sub-section

12) of Section 11;

(q) Registers relating to strength of staff, their Attendance, earned leave, casual leave, salary advance, loans and such other registers as the Welfare Commissioner may deem necesary for the proper administration of the Board. 12 . Annual statement

stateement of accounts of in Form D.

cf accounts.-The annual the board shall be prepared

88

13. B~dget of Board.-{1) The Welfare commissioner shall cause the budget estimates for each financial year to be prepared and laid before the Board on or before the first day of December of the Finnancial year next preceding for its acceptance and thereafter the budget estimates as accepted by the Board shall be, forwarded to the State Government on or before 30th December.

{2} The State government rray amend, modify or alter the estimates submitted for its approval under sub-rule {ll in any respect or manner it may deem fit and shall return the same with its approval with or without amendment, modification or alteration, within thirty days of the receipt of the budget estimates.

(3) the budget estimate approved by the State government under sub-rule (2) shall constitute the budget of the board for the financial year and shall· be issued under the seal ofthe board and signed by the Chairman, the Welfare Commissioner and the Secretary. An authentic copy of the budget shall be forwarded to the State Government before the end of February. 14 . Addi ti ob.Dal Exp&Ddi tu~e. - { 1 ) of during t.he course of the financial year it becomes necessary to incur expenditure over and above the provisions made in the budget, the Board shall immediately submit to the State

. Government the de t ai 1 s of the proposed expenditure ar..d · specify the manner in which it is proposed to meet such additional expenditure.

(2) On recept of the proposal under usb-rule (1) the State Government may either approve the proposed additional expenditure in full or in part with such modifications as it may deem necessary or without modifications or reject it totally .. A copy oj the order passed by the State government on the propos?-1 shall

87

be cornrrrunicated to the board.

15. Mode ot payment from fund..-Payrnent from the Fund shall be made.-

(al w~ere the amount payable is less than Rs. 250 in cash, and

(bl Where the amount payable is more than Rs. 250 by Ban~ Draft or through Cheques issued by the Welfare Commissioner:

Provided that in any particualr case the Board may, for specia'l reasons to be recorded, authorise payment in cash in respect of any amount payable by it.

16. Additional powera of Inspactor.-Every Inspector shall,, for carrying out the purposes of the Act, also have the.powers to require any employer to produce any document for his inspection to supply him a true copy of any such document and to give him a statement in writing.

17. Strengbt of staff etc,-BE>sides of Officers to be appointed by the State Government under Sections 15 and 16 of the Act the Board shall have such number of officers, clearical, executive and other staff as may be de'tennined by the board with the previous approval of the State Government:

Proviqed that whenever it is necessary to alter the strength so determined, the board shall sepd necessary proposals with jurisdiction to the State Government for approval!

18. ClaesificatioD, scales of pay, etc.-the Classification, the pay scales and allowances of the posts determined under rule 17 shall be such as may be determined by the board, from time to tim~ with the previous approval of the State Government.

90

19. Method of recrv.itmeat.-(1) Recruitment to the boards service shall be by the following methods, narnely:-

1

(a) by direct recruitment by comp~ti ti ve examination.

I .

(b) by direct, recruitment by selection. \

{cl by promotion of members of the service, and (dl by obtaining State G.overnment deputation under section 18.

. . _. Ser:'ahts on. 1 ( 2 ) The nwnber of persons to be recruited :through ,airect recruitment and promotion shall not exceed the · percentage of determined by the board with the previous approval of the State Government.

( 3) Subject to the provisions of• these rules~ · the method or methods of recruitment to .be adopted''l:or the· • t . • purpose o( filling any particular vacancy of yachcf.'e·s_ in the service as may be required to be filletd d~•in-;:

any particular period of recruitment and t.he h~er o;f persons to be recruited by each met nod · shali · b~ ,~ ' . determined on each occasion by Welfare C.:immissi_o~er{

(4) Notwithstanding anything contained in -:;;'~b~rJl~ f 1) if in the opinion of the ~lelfare Cammi ssioner the.· exigencies of the services so requited·, --tlie ·we1*ri·.,_ commissioner may with the approval of the bd~rd an~ ·the"; State government, adoDt such method of recruitment to' the service other than those specified in the ~aic:I s~~-

•

•^... rule as he may, by order issued in this behalf, spec:ify. ·!I

20. Appointment to the serviae.-All appointment except those mentioned in Section 15 and 16 shall be made by the Welfare Commissioner with the approval of the board and no such appointment shal be made except after selection by one of the methods of requirement specifed in rule 19.

(

89

21. conliitiona of aligibili ty of lilrect recrui tmeut. - • In order to be eligible to be selected, a candidate must satisfy the following conditions, namely:-

(a) he must have attained the age of 18 years and not attained the age of 30 years on the first day of January next following the date of commencement of the selection.

(b) the upper age limit shall be relaxed as follows

(i) in case of Scheduled Castes and Scheduled Tribes candidtate up to 35 years;

(ii) if a candidate holding a post of the board• s service applies for another post being filled through competitive examinations he will be allowed to deduct from his age the pe:dod of total service rendered by him up to the maximum of 7 years, subject, however, to the resultant age not exceeding · the upper age limit by more than five years.

(iii} in case of retrenched government servant, the period of all temporal"/ services previously rendered by him upto a maximum limit of 7 years shall be allowed to be deducted from his age provided that the resultant age does· not e,:ceed the upper age limit by more than three years.

Bxplanation.-the term retrenched government servant shall have the rr.eaning· a,ssigned to it in the M. P. Labour Servic~ (Gazetted) Recruitment Rules, 1974.

(iv) in case of ex-servicemen, the period of all defence service previously rendered by

92

90

him shall be allowed to be deducted from his age.

Bxplanation.-the term 'ex-servicemen' denotes a person who belonged to any of the categories mentioned in rule 8 of the Madhya Pradesh Labour Service (Gazetted) Recruitment rules, 1974 and who was employed under the ·Government of India for a continuous period of not less than 6 months and who was retrenched or declared surplus as a

• result of the recommendations of the •• ecconomy with or due to normal reduction in the establishment not more than three years before the date of his registration at any employment exchange or of application made otherwisel for employment in the board's service.

f c) he must possess the educational qualifications which may be laid down by the Board for different posts with the previous approval of the State Government :

Provi4ed that in exceptional cases and in the exigencies or service .the board may on the · recommendation of the Welfare commissioner, treat as .qua 1 i fi ed a candidate , who though not possessing any of the qualifications specified in this clause has passed

examination conducted by other institutions by·a standard which in the opinion of the Board justifies admission of the candidate to the examination and selection.

{d) He muist pay the fees fixed by the Board. 2 2 . J'inali ty of Welfare commissioner's decision, - . Subjec~ to the provisions of ilause (c) of rule 21 the decision of the Welfare Commissioner as ·to the

93

• r

91

eligibility or otherwise of a candidate of ·selection·'· shall be fina_i" and no candidate to whom a certificate of admission has not been issued by the Welfa·re· cmnmissioner shall be allowed to appear at the examination or be interviewed.

23. Diaquali~ication.-Any attempt on the part of a candidate to obtain support for his ca~didature b}'.: any means may be held by the Welfare Commissioner to disqualify-him for selection .

24. C0pll!,Petitive B&amination.-(1) A competitive .examination for recruitment to the service shall be held at such intervals as the Welfare Cc,mrnissioner may, in consultation with · the Board, from time to time determine.

(i) the examination including interviews shall be co~ducted by the Welfaare commissioner in accordance ~th the ~edure as may oe determined by the Board.

25. Selection.~(l) Direct recruitment by selection to the service shall be held at such intervals as the WelfarE!: co~iss;oner "may in consultation with the

Board, from time _.to t1m~ determine .

. (2) For purposes of selection under. sub-Qi le ( 1)

names of persons having prescribed qualiiications shall be obtafned form the Employment Exchange/ . ' . ,(3) · For Selection of candidates for service shall be made by the Welfare Commissioner or other officer or Selection committee 1as may be determined by the board, ' . ' after interviewing ~hem; -Provided that a written test may also be held before

interview to-ascertain the candidates writing or typing

capabilities.

94

26 __ ~esarvation for Scbe4uled·Castea and Scheduled

Tribes.-Fifteen percent, and eighteen per cent of the. available vacancies direct recruitmept under clause 3 (a) & (b) of sub-rule (1) of rule 19 shall be reserved for candidates who are members of the Scheduled Castes and Scheduled Tribes respectively.

{2) In filling the vacancies so reserved, candidates who are members of the Scheduled Castes and Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list referred to in • rule 27 irrespective of their relative rank as compared with other candidates-

(3) If sufficient number of cai:tdidates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling all the vacancies reserved for them the remaining vacancies shall not be filled from' the general candidates but re-adve~tise immediately and in the case of direct recruitment by selection, fresh names shall be obtained from the Employment Exchange. If any vacancies are still left unfilled they may be filled up from the general candidates and an equivalent number of additional vacancies shall be- reserved for candidates belonging to the Scheduled castes or Scheduled Tribes for the subsequent two examinations or selections, as the case may be:

Provided that if sufficien_t number of suitable candidates are not available even after the two examinations or selections to fill all the reserved vacancies including the additional vacancies or such of them as are not filled-shall lapse. 2 7 . List of qualified candi4ates .-( 1} Where recruitment is made by a competitive examinations the Welfare commissioner shall prepare a list arranged in orde·r of

1

merit of the candiqates who have qualified by such standard as may be,determined by the Board, under sub- rule ( 2) of rule -2.4. and of the candidate belonging to . ·, the Scheduled Castes and Scheduled Tribes, who though not qualified by the standard are declared ·by the Welfare Conunissioner to be suitable for appointment to the Board's service with due regard to the ~aintenance of efficiency of Board's administration.The list shall be pasted on the Notice Board of the Administrative Officer of the Board.

(2) Subject to the provisions of these rules candidates will be considered for appointment to the availaQle vacanc.ies in the order in which their names appear in the list.

{3) Where recruitment is made by selection, the Welfare commissioner shall prepare a list of candidates whom he considers most suitable on the basis of the written cest and interview or only interview, as the case may be arrange in order of preference and of candidates belonging to Scheduled Castes and Scheduled Tribes. -Who though not qualified by the standrad laid down are declared by the Welfare Cornmissioneer to be suitable-for appointment to the service with due regard to the maintenance of effciency of board's ~drninistration. The list shall be pasted on ·the Notice board of Administrative Office of the Board.

(4) the inclusion of a candidate's name in the list r confers no right to appointment unless the Welfare commissioner is satisfied after such enquiry as he may consider necessary that the candidate is suitable in all respect for appointment to the service.

28. Bligibility for promotion.-{l) The Board shall lay down the criteria for eligibility for_ promotion to various posts to·be filled by promotion under rule 19.

(3) The Committee shall prepare a list of such person a~· ·sa'tisfy the criteria laid down under sUl:>-rule (1) ., az:,.d as ·ai-•e h~ld by .the Committee to be suitable .for promotion to the service based on merit with due regard :to sen~oritt:• This list shall be sufficient to cover probable:,vacancies for two years.

_.., . .

("4) :_the riame~ of the person included in the i i 1s t shall ·be ar;ange~ in roder of seniority in the service:

Provided that ·any junior person who, in the opinion of· the committee, is of an exceptional merit and suitabi)ity may be assigned in the list a highe~ pl.ace than that ot per~ons se~ior to him.

(5) 'the list ·so prepared shall be reviewed and revised ' ... - ■ '

every year.

{~) If· in the. process of · selection, review or rev;sion, it js proposed to supersede any members of _ · the,:service the.cor,nittee shall record reasons for the ·. pr~~sed supers.es,sion. ·

,_' ... : :j':f> Th!! list·· prepared unde1r this rule shall be · Jotj,arded by -the ~ommittee to the Board. , - · • ·(8}. The Boatd, shall consider the iist prepared by the · ': CQmmit:te~ alcing withthe other documents received from the ·Committee and, unless -it considers any change ~e~essary, ~~prove the list.

,. ...

·I·.

.. •

!

97

(91 If the Board considers it necessary to make any chage in the list recerved from the committee, it shall inform the committee of the chage proposed and, after taking into account the comments , if any, of the committee niay appr_ove the list finally with such modification, if. any, as may in its opinion be just and proper.

• (10) The list as finatly approved by the Board, shall

I,

r form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force untill it is reviewed or revised under sub-rule (51:

Provided that in the even of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Commit.tee may, if it thinks, fit, remove the name of such person from the list.

(lll Appointment. of the persons included in the select list to a particular category of posts, shall follow the order in which their names appear in the Select list:

Provided that, where administrative exigencies so require a person whose name is not included in the Selec·r. list. or who is no,t next in order in the Select list. may be appointed to the Service if the board is ,f

satisfie9 that the-~aCilnfY is not likely to last for more than three months. ·

. -1

29. PE"ohation.-Every person directly recruited to the service of the b-:coardf shall be appointed on probation for a period of t~9 years.

30. Control of Board over staff.-( 1) the persons appointed wider section 11 shall function under the administrative supervisory and disciplinary control of the Board.

(2) the provisions of theMadhya Pradesh Civil Services (Classification control and Appeal) rules, 1966 shall apply mutatis mutandis for disciplinary action against a person appointed under Section 17 of the Act.

31. Enquiry under Section 19 .-An enquiry contamplated unde rSection 19 shall be made in accordance with the provisions of the madhya Pradesh Civil Services {Classification control and Appeal) Rules, 1966 by an officer specified by the State government for the propose.

32. Limitation 0£ expenditura.-the Expenditure on , officers and the servants appointed under Chapter IV of the Act and other administrative expenditure shall not exceed 50 per cent. of the annual income of the fund.

33. Register of uncl.aimed wages and finea.-Every employer of an establishment shall maintain and preserve for period of 10 years a consolidated register of unclaimed wages and fines in Form 'E" :

Provided tat in cases pending before the Appellate Authority the Register shall be preserved till the cases are finally disposed.

34. Interpretation.-If any question r~lating to the interpretation of these rules arises. It shall be referred to the State Government whose decision shall be final.

.J

• r

97

PORM 'A'

[ See Jtule 3 ( S ) ]

Statement of Employees• and Employers• cont~ibution on 30th June and 31st Deceml)er respectively.

1. Name of the Esta'bishment

2. Name of the emplo~er

3. Class of establishment

4. Address of establishment:. S. Total nwnber of employees [as per section 2 (3)) whose names stand on the muster roll of the

etablishrnent on 30th June/ 31st December.

6. (a) Emplyers' contribution @ 50 paise per employee. Rs. _ .. {b) Employers contribution @ 1 rupee per employee. Rs.

7. total of sub-entries (a) and (b) of entry 6. Rs .

...

Date. l

Signature of employer

100

I

98

FORM 'B'

:( See Rule 10)

Statement to he sulmdttea by Welfare commiseiouer u.a.~er Section 9(8)

cl"ass of

establishments

1

2

3

5

7

8

9

10

Date

(1)

.. '. Nq. of estabishments

(2)

Accout of

Employers Contribution received by

welfare Commissioner.

(3)

Total Rs. Signature of Welfare Commissioner . '

101

91

eligibility or otherwise of a candidate of ·selection·'· shall be final and no candidate to whom a certificat~. of admission has not been issued by the Welfare· co'tnmissioner shall be allowed to appear at the examination or be interviewed.

23. Disqualification.-Any attempt on the •part of a candidate to obtain support for his candidature bx any. means may be held by the Welfare Commissioner to disqualify him for selection.

24. Copl!P&titiva Bxudaation.-(1) A competitive -examination for recruitment to the service shall be held at such intervals as the Welfare Cr,mmissioner may, in consultation with · the Board, from time to time determine.

· ( 2 ) the examination including interviews shal 1 be co~ducted by the Welfaare commissioner in accordance t;.tj:th the "ffe"otedure as may be determined by the Board.

25. Salection.-(11 Direct recruitment by selection to the service shall be held at such intervals as the WelfarE!". commissioner my in consultation with the Board, fr.om time-to t""i.m~ determine. ·. (2)

names

shap

For purposes of selection under. sub-z:ule ( 1) of persons having ~rescribed qualiefications be obtafned form the Employment Exchange/ _(3) · For Selection of candidates for service shall be r ·ma4e by the Welfare Commissioner or other officer or Select;i.on committee,as may be d.etermined by the board, ~fter interviewing ~h~;

•Provided that a written test may also be held before interview to-ascertain-the candidates writing or typing capabilities.

102

26. -~eservation for Sche4ule4·Castes and scheduled Tribes.-Fifteen percent, and eighteen per cent of the available vacancies direct recruitment under clause 3 (a) & lb) of sub-rule (1) of rule 19 shall be reserved for candidates who are members of the Scheduled Castes and Scheduled Tribes respectively.

(2) In filling the vacancies so reserved, candidates who are members of the Scheduled Castes and Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list referred to in rule 27 irrespective of their relative rank as compared with other candidates.

(3) If sufficient number of ca~didates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling all the vacancies reserved for them the remaining vacancies shall not be filled from; the general candidates but re-adve~tise immediately and in the -case of direct recruitment by selection, fresh names shall be obtained from the Employment Exchange. If any vacancies are still left unfilled they may be filled up from the general c~ndidates and an equivalent number of additional vacancies shall be- reserved for candidates belonging to the Scheduled castes or Scheduled Tribes for the subsequent two examinations or selections, as the case may be:

Provided that if sufficien.t nwnber of suitable candidates are not available even after the two examinations or selections to fill all the reserved vacancies including the additional vacancies or such of them as are not filled' shall lapse. 27 . Liet of QWl1i1'ie4 candi~tes .-(l) Where recrui trnent is made by a competitive examinations the Welfare cormnissioner shall prepare a list arranged in order of

..

93

merit of the can4iqates who have qualified by such standard as may be,determined by the Board, under sub- rule (21 of rule•2j and of the candidate belonging to . ·, the Scheduled Castes and Scheduled Tribes, who though not qualified by the standard are declared ·by the Welfare Commissioner to be suitable for appointment to the Board's service with due regard to the ~intenance of efficiency of Board's administration .-The list shall be pasted on the Notice Board of the Administrative Officer of the Board.

( 2) Subject to the provisions of these rules candidates will be considered for appointment to the availab.le vacan~ies in the order in which their names appear in the list.

(3) Where recruitment is made by selection, the Welfare commissioner shall prepare a list of candidates whom· he considers most suitable on the basis of the written €est and interview or only interview, as the case may - be arrange in order of preference and of candidates belonging to Scheduled Castes and Scheduled Tribes. "Who though not qualified by the standrad laid down are declared by the Welfare Commissioneer to be suitable-for appointment to the service with due regard

• to the maintenance of effciency of board's ~dministration. The list shall be pasted on 'the Notice board of Administrative Office of the Board.

(4) the inclusion of a candidate's name in the list I confers no right to appointment unless the Welfare 1 commissioner is satisfied after such enquiry as he may consider necessary that the candidate is suitable in all respect for·appointment to the service.

28. Bligibility for prCIIIOtion.-11) The Board shall lay down the criteria for eligibili~y for. promotion to various posts to·be filled by promotion under rule 19.

104

·. (2) The Board shall consitute a committee of three members of whom two shall be the officers anp one a

member of the Board for making a prelimanary,selection -{or_ pr~motion of .eligi~le candidates. Different

. c omini t t !,!!@S may pe :constituted for- different categories of posts .

. ( 3 } The Cammi t tee sha 11 prepare a list of such per son as· ·sa·ti~fy the er i teria laid down under s\ib-rule (1 l and· as •ai.-e held by .the Committee to be suitable .for promotion to the service based on merit with due regard :to sen~orit~~ This list shall be sufficient ~o cover proh4ble:vacancies for two years.

r' • •

('4) _\~~ n~e~ of. the person ~ncluded in the ii 1st shall ·be arrange~ in roder of seniority in the service:

Provided that ·any junior person who, in the opinion of the committee, is of an exceptional merit and suitabi:lity may be assigned in the list a highe~ place than that of persons senior to him.

( 5 i · the list so prepared shall be reviewed and revised . . every year.

(6) If· in the process of selection, review or revision, it _is proposed to supersede any members of •

. the.~service the· coruittee shall record reasons for the ·. pr?Posed superses,sion.

· . .' .. · :j1)· The· list·· preP.ared und~r this rule for;,araed by the Committee to the Board. shall be

, ·( 8). The_ Boa,rd, shall consider the list prepared by the Cqmmi~tee along withthe other documents received from the Committee and, unless -it considers any change . . . ne~essary, ~pprove the list.

,A .

/

..

r'

I

9S

(9} If the Board considers it necessary to make any chage in the list recerved from the committee, it shall inform the committee of the chage proposed and, after taking_ into account the comments, if any, of the committee may approve the list finally with such modification, it any, as. may in its opinion be just and proper.

(10) The list as finally approved by the Board, shall form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force untill it is reviewed or revised under sub-rule (5):

Provided that in the even of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Committee may, if it thinks, fit, remove the name of such person from the list.

(11} Appointment of the persons included in the select list to a particular category of posts; shall follow the order in which their names appear in the Select list :

Provided that, where administrative exigencies so require a person whose name is not included in the Select list or who is no~ next in order in the Select list, may be appointed to the Service if the board is

I

satisfiej that the yacahfy is not likely to last for more then three months.

29. Probation.-Every pkrson directly recruited to the service of the b.9arc3:f shall be appointed on probation for a period o!_ t~ years.

106

3 0 . Control of Board over staff . - ( 1 ) the per s,ons appointed under section 17 shall function under the admin;istrative supervisory and disciplinary control of the Board.

( 2) the provisions of theMadhya Pradesh Civil Services {Classi·fication· control and Appeal) rules, 1966 shall apply mutatis mutandis for disciplinary action against a person appointed Wlder Section 17 of~the Act.

31. Enquiry under Section 19.-An enquiry contarnplated unde rSection 19 shall ce made in accordance with the provisions of the madhya Pradesh Civil Services (Classification control and Appeal) Rules, 1966 by an officer specified by the State government for t-he propose.

32. Limitation of exponditure.-the Expenditure on

I . .

officers and the servants appointed ~nder Chapter IV of the Act and other administrative expenditure shall not exceed SO per cent. of the annual income of the fund.

33. Register of unclaimed wages and fines.-Every employer of an establishment shall maintain and preserve for period of 10 years a consolidated register of unclaimed wages and fines in Form 'E~ :

Provided tat in cases pending before the Appell~te Authority the Register shall be preserved ~ill the cases are finally disposed.

34. 7nterpratatio~.-If any question r~lating to the interpretation of these rules arises. It shall be referred to the State Government whose decision shall be final.

• \

97

J'ORM 'A' [See Rule 3(5)] Statement of Employees' and J!:ml)loyars' contribution on 30th .Juna and 31st December respectively.

' 1. Name of the Estabishment

2. Name of the employer

3. Class of establishment

4. Address of establishment

5. Total number of employees (as per section 2 (3)) whose names stand on the muster roll of the

etablishment on 30th June/31st

December.

6. (a) Emplyers" contribution

G SO paise per employee. Rs. (bl Employers contribution @ 1 rupee per employee. Rs.

7. total of sub-entries (a) and (b) of entry 6. Rs. i

Signature of employer

108

I

98

FORM 'B' ,(See Rule 10}

statement to be suhmitte4 by We1fare commissioner under Section 9(8)

Class of establishments

(1)

1

2

3

4

s

7

8

9

10

Date No. of estabishments

(2)

Accout of Employers Contribution received by welfare

Commissioner.

( 3)

Total Rs. Signature of Welfare Commission~., G.R.P.G-28 I ••WCI. WB • I :9:·2iu1 .. 1 OOOBks.

._--::

~-

109

-m. 2-22-0ffiti•I~ •1'ilc/38fu. ~- ~, ~30-5-2001."

• ( ~~l'-11~01 )

vrftrcnrt~QcfilWltt

~ ~ '•®ffiti•(~/~/ olli. 114-009/2003/20-01-03."

~304-~] .. ~. 4•iclctl<, ~ 6 ~ 2007-~ 15, ~ 1929 4 ~.~6~2007

~- 9525m. 223/21-31/511.ffl. Tf./07. Offiti•i~ fq'r.n;nriflc:Jit f1i.if<:'lf&d an'~~1R~ 29-10-2007 qil"

~ cfi1 ~ "'Sl'IB m "¥>l t ~ ~ cfi1 ;,,11q;1u ~ t~ ~ %'lfY "'1'@l t

0ffit!•i~ ~ (f-,ijq(cl ~ ~ ~

. tcPwrr ~ c1i1lt, otf-ffiq.

630 (5)

110

630 (6)

0m;g~,~- 31f~

• '(~ 14 Wl 2007)

. .

@ffifl'ii# Wt cfi~101· f.ITT.J ~. 1982 ( Qi1'ITTn 36-«={_ 1983) cfiT 3m' ~ ~~~- .

"ITT:-

1.

' ,

2. wdh-l•I~ ~ ~ f.rf-q an~. 1982 (~ 36 Wl 1983). cfiT qm 4 cfiT '3'Cfq[U ( 3) ~-~ (cfi) ~ ~ "-~~· ~ w,;;mpraxf"~ ~a.r aRt:~ ~ ~-

I t • , . " ~ . . .

~. ~ 6 ~ 2007

sfi. 9s2srit. 223f21-a:rro.m. 11.107.-\'J'ITTJ ~ ~'tl'R ~ ~ 348 ~ ~ (3) ~ ~ ~ milw1~ ~ ~ f.rf-q 200n cfiT ~--~ ~ ~ ~ ~ ~ ~

'1flfflt.

'

Short title.

Wffi•811~ ~ ~ ~ ~ ~ i'f?.TT 6ll~WjftR,. tcJm;rr mg- 'ifi1{{, '3'9'-fficr.

CHHA TTISGARH ACT

(No. 14 of 2007)

THE CHHATTISGARH SHRAM KALYAN NIDHI (SANSHODHAN) ACT, 2007

An Act Further to amend the Chhattisgarh Shram Kalyan Nidhi Adhiniyam, 1982 (No.

0

36 of 1983) . Be it enacted by t~e. Chhattisgarh Legislature in the Fifty-Eighth Year of the Republic of India, as follows :c

' 1. . This Act may be called the Chhattisgarh Shram Kalyan Nidhi (Sanshodhan) :~dhiniyam, 2007 ..

Amendment of 2. . ln,cla~se (a) of sub section (3) of section 4 of the Chhattisgarh Shram_ Kalyarh Nidhi Adhiniyam, 1982 (No. 36 of 1983), after the word "Chairman" the words "and Vice- Chairman" shail be inserted:

Section 4.

·•~.~-~m1r-f~1 ~IDU~ffl~,{l;,11ic:;•li

111