Delhi Code on Social Security

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY SG-DL-E-30072025-265093 No. 213] DELHI, MONDAY, JULY 28, 2025/SHRAVANA 6, 1947 [N. C. T. D. No. 142 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI LABOUR DEPARTMENT NOTIFICATION Delhi, the 28th July, 2025 F. No. 15(43)/Lab/2021/2262-2267.—In exercise of powers conferred under section 154, 156 and 158 of the Code on Social Security, 2020, Labour Department, GNCTD is pleased to publish draft rules under the aforesaid Code. Objections and suggestions, if any, may be addressed to Shri K.M. Singh, Joint Labour Commissioner(HQ.), Room No. 202, 5, Sham Nath Marg, Delhi – 110054 or on the e-mail jlchqlab-delhi@delhi.gov.in.The objections and suggestions should be sent in a Performa containing column (1) specifying the name and address of the personal/organization and column, (2) specifying the chapter and rule or sub-rule which is proposed to be modified and column (3) specifying the revised rule or sub-rule proposed to be substituted and column (4) reasons for the same. DRAFT RULES Delhi Code on Social Security Rules, 2025 Chapter- I Introductory 1. Short title, extent and commencement (1) These rules may be called the Delhi Code on Social Security Rules, 2025. (2) They extend to whole of National Capital Territory of Delhi. (3) They shall come into force on the date of their publication in the OfficialGazette. 2. Definitions In these rules, unless the context otherwise requires,- (a) “Authority” means the authority specified by the State Government under sub-section (3) of section 72. (b) “Career Center” means District Employment Exchanges of Employment Department of the State Government, or any other centers notified by the State Government. (c) “Court” means the employee insurance court constituted under section 50 of the Code; (d) “Electronically” means any information submitted by email or uploading on the designated portal or digital payment in any mode for the purpose of Code; (e) “Form” means a form appended to these rules’ (f) “Fund” means Social Security Fund, as specified in section 108 and Section 141 as the case may be; (g) “Nomination” means nomination made under section 55 of the code; (h) “Portal” means official web portal of Labour Department, Government of NCT of Delhi with any other name; (i) “Schedule” means the schedule of the Code; (j) “Section” means a section of the Code; (k) “Code” means the Code on Social Security, 2020 (Act no. 36 of 2020); (l) “Specified” means specified by the State Government by an order published in the Official Gazette. 3. The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have their respective meaning as assigned to them in the Code. Chapter- II Social Security Organization PART - I Delhi Unorganized Workers Social Security Board 4. Manner for nomination of the Members of Delhi Unorganized Worker Board under sub section (12) of section-6 – The manner for nomination of the Members of the Board under section 6 of the Code shall be as follows:- 1. Seven members representing unorganized workers, to be nominated from any of the registered federations of Trade Unions or any registered Trade Union of unorganized workers; 2. Seven members representing employer of unorganized workers. 3. Two elected members of Delhi Legislative Assembly in consultation with Speaker of the Delhi Legislative Assembly; 4. Five members representing eminent persons from Civil Societies. Provided that adequate representation shall be given to persons belonging to Scheduled castes, Scheduled tribes, Minorities and Women. 5. Ten Members representing State government Departments concerned:- (i) The Principal Secretary/ Secretary of Social Welfare or his nominee (not below the rank of Joint Secretary), (ii) The Principal Secretary/ Secretary of Health and Family Welfare or his nominee (not below the rank of Joint Secretary), (iii) The Principal Secretary/ Secretary of Urban Development or his nominee (not below the rank of Joint Secretary), (iv) The Principal Secretary/ Secretary of Law or his nominee (not below the rank of Joint Secretary), (v) The Principal Secretary/ Secretary of Revenue Department or his nominee (not below the rank of Joint Secretary), (vi) The Principal Secretary/ Secretary of Finance or his nominee (not below the rank of Joint Secretary) (vii) the Principal Secretary/ Secretary of Education or his nominee (not below the rank of Joint Secretary), (viii) The Principal Secretary/ Secretary of TTE or his nominee(not below the rank of Joint Secretary), (ix) The Vice Chairperson, DDA or his nominee (not below the rank of Joint Director),and (x) The Labour Commissioner, Delhi - Member Secretary. 5. Term of the Office (1). The term of Board shall be three years from the date of its constitution, but it shall continue till it is reconstituted and its decision shall not be deemed invalid on the ground that term of the Board has been expired. (2). The term of the members of the Board shall be co-existing with the term of the Board. (3). Members nominated under sub-clause (iii) of clause (d) of sub-section (10) of section 6 of the Code shall cease to be member of the Board when they cease to be elected member of the Delhi Legislative Assembly. (4). The non-official members of the Board shall hold office at the pleasure of the Lt. Governor, Delhi. (5). The members nominated under sub-clause (i), (ii) and (iv) of clause (d) of sub-section-(10) of section 6 of the Code shall be removed from the Board if they cease to represent the interest for which they were nominated. (6). All nominated members shall not be eligible for re-nomination for more than two terms. 6. Resignation Any non-official member may resign by a letter addressed to the Lt. Governor, Delhi. The seat of such 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. 7. Change of Address If any change occurs in the address of nominated members, the same shall be communicated in writing within fifteen days to the Member Secretary of the Board who shall make a record accordingly. 8. Vacation of office; A member appointed under sub clause (i), (ii) and (iv) of clause (d) of sub-section (10) of section 6 shall be deemed to have vacated his office, if - a. He is declared to be of unsound mind or an un-discharged insolvent by a competent court;or b. He is convicted of an offence which, in the opinion of the State Government, involves moral turpitude;or c. He is absent from three consecutive meetings of the Board without leave of absence from the chairperson; d. He ceases to represent the interest for representing which he was appointed; e. He is removed by the State Government. 9. Filling of the Vacancies When a vacancy occurs for any reason or is likely to occur in the membership of the Board, the Member Secretary shall submit a report to the State Government who shall take steps to fill the vacancy from amongst the category of persons, to which the person vacating membership belongs and the person so nominated shall hold office for the remainder of the term of the office of the member in whose place he is appointed. 10. Meetings of the Board (1) The Board shall meet at such place and at such time as may be decided by the Chairperson. (2) The Board shall meet at least once in three months. (3) In case of any matter of urgency, special meetings may be called by the Chairperson after informing the members in advance about the subject-matter of discussion and the reasons of urgency. (4) In case of any matter of urgency, meeting by circulation or by other mode may be held. (5) The Chairperson shall preside over every meeting of the Board in which he is present and in his absence the meeting of the Board shall be chaired by the Vice- Chairperson. 11. Notice of meeting and list of business (1) Ordinarily, fifteen days notice shall be given to the members of the Board of a proposed meeting: Provided that the Chairperson, if he is satisfied that it is expedient so to do, may give notice of shorter period. (2) No business except which is included in the list of business for a meeting of the Board shall be considered at the meeting without the permission of the Chairperson. 12. Disposal of the Business (1) Every matter which the Board is required to take into consideration shall be considered at a meeting of the Board, or if the Chairperson so directs, by sending the necessary papers to every member for opinion, the matter shall be disposed of in accordance with the decision of the majority: Provided that where there is no opinion of majority on a matter and the members of the Board are equally divided, the Chairperson shall have a second or a casting vote. (2) Every decision taken at the meeting of the Board shall be recorded in writing. 13. Allowances of Members-Non-Official Members of the Board shall be paid travelling allowance and daily allowance for attending meetings of the Board at such rates as are admissible to lowest of Group “A” Officer of the State Government. 14. Quorum (1) No business shall be transacted at any meeting of the Board unless at least ten members are present in that meeting which shall include at least one non-official member from government, employers and the workers. Provided that if at a meeting, less than twelve 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 thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending. (2) The Chairperson may debar any member, other than ex-officio members, from taking part in the meeting of the Board if- (a) He absents himself from three consecutive meetings of the Board without written information to and consent of the Chairperson, or (b) In the view of the Chairperson, such member has ceased to represent the interest which he purports to represent on the Board. 15. Reconstitution of the Board (1) The State Government shall initiate the process for reconstitution of the Board, six months prior to the expiry of the term of the Board. (2) If the new Board is not reconstituted after completion of the term of the Board or due to any other reason, the administration of the Board may be taken up by the State Government for the period till the new Board is constituted, by way of a notification in this behalf. (3)The decision taken by the State Government under sub- rule (2) shall have the same effect as if it has been carried out by the Board itself. 16. Appointment of Secretary, other officers and Staff. (i) The State Government shall appoint an officer not below the rank of Additional Labour Commissioner as Secretary of the Board; (ii) Board may appoint such other officers and employees, as it may consider necessary for the efficient discharge of its functions: Provided that no post shall be filled up in the Board, unless its creation, has first been approved by the State government. 17. Recruitment procedure and service conditions of officers and staff of the Board; (Residual Powers) (i) Classification, pay scale, allowances, recruitment procedure, and terms and conditions of service of officers and employees of the Board, will be such as may be determined by the Board with the prior approval of the State Government. (ii) If in any specific case, any dispute or difficulty arises regarding the interpretation or enforcement of a provision, the matter shall be referred to the State Government, whose decision shall be final thereon. 18. Duties and functions of Board; (1) Under sub-section (15) of section of 6 of the Code, the Board shall adopt the procedure for the performance of its duties, a scheme stipulating the procedures, formats and all other residual matters regarding each facility or group of facilities specified by the Board and the Code, not expressly provided in these rules. Board shall prepare and recommend to the State Government under which the following shall be mentioned- (i) Rates at which various facilities will be payable; (ii) Application procedure and format; (iii) Procedure for sanctioning and competent authority to grant approval; (iv) Procedure for disbursement; and (v) Any other incidental matters; (2) Board can advise the State Government from time to time points related to the administration of Code. (3) Undertake such other functions as are assigned to it by the state government from time to time. 19. Constitution of Fund under clause (ii) of sub-section (5) of section 141 In addition to source of fund mentioned in clause (i) of sub-section (5) of section 141, the amount received from the following sources shall be credited to the Fund which shall be called as Delhi Social Security Fund:- (i) Lump sum amount given by the State Government for the establishment of the fund, (ii) The amount of grant given by the Government of India, the State Government and other authorities and statutory bodies, (iii) Amount received for registration/renewal of beneficiaries and their contribution, (iv) Amount received for implementation of the scheme notified by the Government of India, (v) Amount received for implementation of the scheme notified by the State Government, and (vi) Contribution or donation or any other financial support from employer, their association or from Corporate Social Responsibility (CSR) Fund as determined by the State Government by general or special order. 20. Administration of the Delhi Social Security Fund. (1) All the fund received under clauses (i) and (ii) of sub- section (5) of section 141 shall be kept in a separate Bank Account in a Scheduled Bank. (2) The Fund shall be administered and transacted by the Board. (3)The Bank Account of the Fund shall be operated in such a manner as determined by the State Government by general or special order. (4)The fund of the Social Security Board shall be utilized/spent for the implementation of the welfare schemes for unorganized workers of the State and Central Government and for meeting out administrative expenses of the Board. The administrative expenses of the Board shall not be more than ten percent of the total expenditure on schemes. (5)The accounts of the Fund shall be audited in accordance with the instructions issued by the State Government from time to time. 21. The amount received from compounding of offences under the provisions of Code on Wages 2019,Code on Social Security 2020,Code on OSH 2020,Code on Industrial Relations 2020 shall be deposited in an account operated by Labour Department, GNCT and the amount so collected shall be transferred to the Delhi Social Security Fund on 6 monthly basis. PART- II Delhi Building and Others Construction Workers Welfare Board 22. Composition of Board (i) A Chairperson, nominated by the Lt. Governor, Delhi; (ii) A member, nominated by the Central Government; (iii) Five members, representing the State Government of whom one shall be a representative of the Finance Department, one shall be a representative of the Law Department and one shall be a representative of the Labour Department, not below the rank of Deputy Secretary of the respective Departments, appointed by the Lt. Governor. (iv) Five members, representing the employers, appointed by the Lt. Governor; (v) Five members, representing the building and other construction workers nominated by the State Government; (vi) One of the appointed members shall be a woman. 23. Term (1) The term of the Board shall be three years from the date of its constitution, but it shall continue till the reconstitution and its decision shall not be deemed invalid on the ground that term of the Board has expired. (2)The term of the members of the Board shall be co- existing with the term of the Board. (3)The non-official members of the Board shall hold office at the pleasure of the State Government. (4)The Members nominated under sub-section (3) of section 7 shall be removed from the Board if they cease to represent the interest for which they were nominated. (5)All nominated members shall be eligible for re-nomination for one more term. 24. Manner of filling of vacancies When a vacancy occurs for any reason or is likely to occur in the membership of the Board, the Member Secretary shall submit a report to the State Government who shall take steps to fill the vacancy from amongst the category of persons, to which the person vacating membership belongs and the person so nominated shall hold office for the remainder of the term of the office of the member in whose place he is appointed. 25. Salary and allowances to Chairperson and non-official members (1) Non official members shall be entitled for travelling allowance and daily allowance at the rate admissible to lowest rank of group “A” officers of State Government. (2) Salary and allowances to the Chairperson of the Board shall be fixed by the State Government by general or special order. 26. Conditions of appointment, salary and allowances of secretary and other officers and staff of the Board. (1) The Board, with the prior approval of State Government, shall appoint a person not below the rank of Additional Labour Commissioner as a Secretary of the Board. (2) The Board, with the prior approval of State Government, shall appoint other staff for disposal of functions of the Board. (3) Secretary of the Board, other officers and staff shall be appointed in the manner determined by State Government by general or special order and they shall be paid an allowances fixed by the State Government. 27. Social security schemes and welfare measures under sub-section (6) of section 7 Framing of schemes (1)The Board with the prior approval of State Government shall notify social security scheme and welfare measures prescribed in clauses (a) to (f) of sub-section (6) of section 7. (2)The Board shall formulate social security schemes and welfare measures in which eligibility limit, rate of various benefits, application form and procedure and the competent authority for sanction of benefit and manner of payment and other incidental matters shall also be determined by the Board and thereafter it shall forward the same to the State Government for approval. Chapter III Employees Insurance Court 28. Composition of Employees Insurance Court and place of sitting (1) An Employees Insurance Court shall ordinarily consists of one Judge: Provided that State Government may after consultation with the ESI Corporation, by notification in the Official Gazette appoint two or more Judges to a Court for any particular proceeding or clause of proceeding and for such period as may be specified in the notification. (2) The said Court shall sit at such place or places and at such time as the State Government may after consultation with the ESI Corporation, from time to time specify. (3) The Employees Insurance Court shall be subject to the administrative control and superintendence of the High Court and shall keep such registers, books, accounts and documents as the High Court may, from time to time prescribe. 29. Procedure for filing an application in the Employees Insurance Court. (1) An application under section 49 shall be presented in triplicate in Form I and shall contain the following particulars:- (a) The name of the Court in which application is brought; (b) Full name and description including age, occupation and full postal address of applicant and the opposite party; (c) Where the applicant or the opposite party is a minor or a person of unsound mind, a statement to that effect and the full name, age, occupation and full postal address of his or her guardian, next of-kin, or any other person authorized to act on his or her behalf; (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. (2) Every application shall be verified in the same manner as a pleading in a Civil Court. (3) All the documents on which the application is based shall be appended to the application with an accurate list thereof. (4) All applications shall be entered in a register, in the manner as prescribed in Form II, to be maintained by the Court. 30. Proceeding of Employees Insurance Court – (1) Every application to the Court shall be brought within twelve months of the date on which the cause of action arose or when the claim become due, as the case may be: Provided that the Court may entertain an application made after the said period of twelve months if it is satisfied that applicant has sufficient reason for not making the application within the said period. (2) Where at any stage it appears to the Court that the application should be presented to another Court, or should be entertained by the another Court, the first mention Court shall send the application 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 application for file is transferred shall continue the proceedings as if the previous proceedings or any part of it had taken place before it. (3) The Court shall follow the rules of Code of Civil Procedure, 1908 (Act no. 5 of 1908) in respect of summoning of the parties, service of summon, procedure of hearing, framing of issues, statement and production of evidence, method of recording evidence, cross examination of witness and other related matters. 31. Fees and Costs (1) The fee payable on an application in respect of any matter referred to in section 49 of the Code shall be Rs. 100/- or as may be fixed from time to time. (2) The fee and costs payable in respect of any other matters shall be such as prescribed by High Court for subordinate courts. (3) All fees and costs referred to in this rule shall be collected by means of Court fee stamps. Chapter IV Gratuity 32. Bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to sub-section (1) of section 53.-In the case of nominee, or an heir, who is minor, the competent authority shall invest the gratuity amount deposited with him for the benefit of such minor in term deposit with The State Bank of India or Nationalized Bank. Explanation.- "Nationalized Bank" means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding new bank specified in the First Schedule of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980). 33. 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-III and submitted in duplicate by the employee either by personal service, after taking proper receipt or by registered post acknowledgement due or by speed post or electronically to the employer, (a) in the case of an employee who is already in employment for a year or more on the date of commencement of these rules but not submitted the nomination, ordinarily, within ninety days from such date; and (b) in the case of an employee who completes one year of service after the date of commencement of these rules, ordinarily within thirty days of the completion of one year of service: Provided that nomination in Form-III shall be accepted by the employer after the specified period, if filed and no nomination so accepted shall be invalid merely because it was filed after the specified period. (2) Within thirty days of the receipt of nomination in Form-III under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified with reference to the records of the establishment and return to the employee, after obtaining a receipt thereof, the duplicate copy of the nomination in Form-III duly attested either by the employer or an officer authorized in this behalf by him, as a token of recording of the nomination by the employer and the other copy of the nomination shall be recorded. (3) An employee who has no family at the time of making a nomination shall, within ninety days of acquiring a family submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of section 55, duplicate in Form-III to the employer and thereafter the provisions of sub rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1). (4) A notice of modification of a nomination, including cases where a nominee predeceases an employee, shall be submitted in duplicate in Form-III to the employer in the manner specified in sub-rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis. (5) A nomination or a fresh nomination or a notice of modification of nomination shall be, signed by the employee or, if illiterate, shall bear his thumb impression and shall be submitted by the employee electronically or by registered post acknowledgement due or by speed post. (6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the date of receipt thereof by the employer. 34. Time within which and the form in which a written application shall be made under sub-section (1) and the form of application to the competent authority under clause (b) of sub-section (5) of section 56.- (1) Application for Gratuity: (a) An employee who is eligible for payment of gratuity under the Code, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form-IV to the employer: Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement: Provided further that an employee on fixed term employment shall be eligible for gratuity, if he renders service under the contract for a period of one year and he shall be paid gratuity at the rate of fifteen days’ wages, based on the rate of wages last drawn by him, for every completed year of service or part thereof in excess of six months. (b) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub section (1) of section 53 shall apply, ordinarily within thirty days from the date of gratuity became payable to him, in Form-IV to the employer: Provided that an application in plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him. (c) A legal heir of an employee who is eligible for payment of gratuity under the second proviso to sub section (1) of section 53 shall apply, ordinarily within one year from the date of gratuity became payable to him, in Form-IV to the employer. (d) Where gratuity becomes payable under the Code before the commencement of these rules, the period of limitation specified in clauses (a), (b) and (c) sub-rule (1) shall be deemed to be operative from the date of such commencement. (e) An application for payment of gratuity filed after the expiry of the period specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Code shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the competent authority for his decision. (f) An application under this rule shall be presented to the employer either by electronically or personal service or by registered post acknowledgement due or by speed post. (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- (i) If the claim is found admissible on verification, issue a notice in Form-V to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or (ii) If the claim for gratuity is not found admissible, issue a notice in Form-V to the applicant employee nominee or legal heir, as the case may be, specifying the reasons why the claim for gratuity is not considered admissible. In the case of denial of gratuity a copy of the notice shall be endorsed to the competent authority. (b) In case payment of gratuity is due to be made in the employer's office, the date fixed for the purpose in the notice in Form-V under sub-clause (i) of clause (a) sub-rule (2) shall be re-fixed by the employer, if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified. 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. (d) A notice in Form-V shall be served on the applicant either by personal service after taking receipt or by registered post with acknowledgement due or by speed post or electronically. (e) A notice under sub-section (2) of section 56 shall be in Form-V. (3) Mode of payment of gratuity: The gratuity payable under the Code shall be paid through Demand Draft or by crediting in the bank account of the eligible employee, nominee or legal heir, as the case may be: Provided that intimation about the details of payment shall also be given by the employer to the competent authority of the area. (4) Application to competent authority for direction under clause (b) of sub-section (5) of section 56: (a) If an employer- (i) Refuses to accept a nomination under rule 32 or to entertain an application sought to be filed under sub-rule (1), or (ii) Issues a notice under clause (a) of sub-rule (2) either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or (iii) Having received an application under sub-rule (1) fails to issue notice as required under sub-rule (2) within the time specified therein, the claimant employee, nominee or legal heir, as the case may be, may, within one hundred eighty days of the occurrence of the cause for the application, apply in Form-VI to the competent authority for issuing a direction under sub-section (5) of section 56 with as many extra copies as are the opposite party: Provided that the competent authority may accept any application under this sub-rule, on sufficient cause being shown by the applicant, after the expiry of the specified period. (b) Application under clause (a) sub-rule (4) and other documents relevant to such an application shall be presented in person to the competent authority or shall be sent by registered post acknowledgement due or by speed post or electronically. (5) Procedure for dealing with application for direction : (a) On receipt of an application under sub-rule (4) the competent authority shall, by issuing a notice in Form-VII, by electronically or registered post acknowledgment due or by speed post or in person call upon the applicant as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorised representative together with all relevant documents and witnesses, if any. (b) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the competent authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act. The competent authority shall record thereon an order either according his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons for the refusal. (c) A party appearing by an authorized representative shall be bound by the acts of the representative. (d) After completion of hearing on the date fixed under clause (a), or after such further evidence, examination of documents, witnesses, hearing and inquiry, as may be deemed necessary, the competent authority shall record his finding as to whether any amount is payable to the applicant under the Code. A copy of the finding shall be given to each of the parties. (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 application re-heard after giving not less than fourteen days' notice to the opposite party of the date fixed for rehearing of the application. (6) 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. (7) Administration of Oath - The competent authority may authorize a clerk of his office to administer oaths for the purpose of making affidavits. (8) Summoning and attendance of witnesses.-The competent authority may, at any stage of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him, and on such terms as may appear to the competent authority just, issue summons to any person in Form-VII either to give evidence or to produce documents or for both purposes on a specified date, time and place. (9) Service of summons or notice.- (a) Subject to the provisions of clause (b) any notice, summons, process or order issued by the competent authority may be served either personally or by registered post acknowledgement due or by speed post or electronically or in any other manner as prescribed under the Code of Civil Procedure, 1908 (5 of 1908). (b) Where there are numerous persons as parties to any proceeding before the competent authority and such persons are members of any trade union or association or are represented by an authorised person, the service of notice on the Secretary, or where there is no Secretary, on the principal officer of the trade union or association, or on the authorized person shall be deemed to be service on such persons. (10)Maintenance of records of cases by the Competent Authority.- (a) The competent authority shall record the particulars of each case under section 56 and at the time of passing orders shall sign and date the particulars so recorded. (b) The competent authority shall, while passing orders in each case, also record the findings on the merits of the caseand file it together with the memoranda of evidence with the order sheet. (c) Any record, other than a record of any order or direction, which is required by these rules to be signed by the competent authority, may be signed on behalf of and under the direction of the competent authority by any subordinate officer appointed in writing for this purpose by the competent authority. (11)Direction for Payment of Gratuity: If a finding is recorded under clause (d) of sub-rule (5) that the applicant is entitled to payment of gratuity under the Code, the competent authority shall issue a notice to the employer concerned in Form-VIII electronically or registered post acknowledgment due or by speed post or in person specifying the amount payable and directing payment thereof to the applicant under intimation to the competent authority within thirty days from the date of the receipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the case may be. (12)Appeal.- (a) The Memorandum of appeal under sub-section (8) of section 56 of the Code shall be submitted to the appellate authority with a copy thereof to the opposite party and the competent authority either through delivery inperson or under registered post acknowledgement due or by speed post or electronically. (b) The Memorandum of appeal shall contain the facts of the case, the decision of the competent authority, the grounds of appeal and the relief sought. (c) There shall be appended to the Memorandum of appeal a certified copy of the finding of the competent authority and direction for payment of gratuity. (d) On receipt of the copy of Memorandum of appeal, the competent authority shall forward records of the case to the appellate authority. (e) Within fourteen days of the receipt of the copy of the Memorandum of appeal, the opposite party shall submit his comments of each paragraph of the memorandum with additional pleas, if any, to the appellate authority with a copy to the appellant. (f) The appellate authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard. A copy of the decision shall be given to the parties to the appeal by electronically or registered post or speed post or in person and a copy thereof shall be sent to the competent authority returning his records of the case. (g) The competent authority shall, on receipt of the decision of the appellate authority, make necessary entry in the records of the case maintained by him. (h) On receipt of the decision of the appellate authority, the competent authority shall, if required under that decision, modify his direction for payment of gratuity and issue a notice to the employer concerned in Form-VIII specifying the modified amount payable and directing payment thereof to the applicant, under intimation to the competent authority within fifteen days of the receipt of the notice by the employer. A copy of the notice be endorsed to the appellant employee, nominee or legal heir, as the case may be, and to the appellate authority. (13)Application for Recovery of Gratuity- Where an employer fails to pay the gratuity due under the Code in accordance with the notice by the competent authority under sub-rule (11) or sub-rule (12) , as the case may be, the employee concerned, his nominee or legal heir, as the case may be, to whom the gratuity is payable may apply to the competent authority in duplicate in Form IX for recovery thereof under section 129 of the Code. 35. Qualifications and experience of the officer appointed as the competent authority under sub-section (1) of section 58.-The competent authority shall be appointed by the State Government by notification. CHAPTER- V MATERNITYBENEFIT 36. Authority to whom an appeal may be preferred under sub-section (3) of section 72. – A person aggrieved by the order of Inspector cum Facilitator under subsection (2) of Section 72 may appeal to Deputy Labour Commissioner of the State Government. CHAPTER- VI EMPLOYEE’S COMPENSATION PART I 37. Payment of funeral expenses – If an injury of employee results in death, the employer shall in addition to the compensation to be deposited under the Code with Competent Authority, pay a sum of fifteen thousand rupees to the eldest surviving dependent of the employee towards the expenditure of the funeral of such employee, or where the employee does not have dependents or was not living with his dependent at the time of his death, then in such a case the said payment towards funeral expenses shall be made to the person who actually incurred such expenditure: Provided that if the Central Government by notification enhances the amount specified in sub-section of section 76, the amount to be deposited under this rule shall be automatically enhanced. 38. Application for review of half monthly payments without medical certificate under sub-section (1) of section79 - Application for review of half-monthly payment under sub-section (1) of section 79 may be made without being accompanied by a medical certificate:- (a) by the employer on the ground that since the right to compensation was determined, the employee’s wages have increased; (b) by the employee on the ground that since the right to compensation was determined, his wages have diminished; (c) by the employee 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 employee’s condition as such to warrant such cessation; (d) either by the employer or by the employee on the ground that the determination of the rate of compensation for the time being in force was obtained by fraud or undue influence or other improper means;or (e) Either by the employer or by the employee on the ground that in the determination of compensation there is a mistake or error apparent on the face of the record. 39. Notice Book – Every employer to which the Code applies, shall maintain a notice book in accordance with sub-section (4) of section 82 in Form-X. 40. Restrictions on number of medical examinations – An employee who is in receipt of a half monthly payment shall not be required to submit himself for medical examination elsewhere than at the place where he is residing for the time being more than twice in the first month following the accident or more than once in any subsequent month. 41. Statement of Fatal Accidents – The Statement required by sub section (1) of section 88 shall be in Form XI. 42. Form of memorandum – Memorandum of agreement sent to the Competent Authority under sub-section (1) of section 89 shall unless the Competent Authority otherwise directs, be in duplicate, and shall be in as close conformity with, as the circumstances of the case admit, Form XII or Form XII-A or Form XII-B, as the case may be. 43. Procedure for record or refusal to record memorandum- (1) On receiving a memorandum of agreement, the Competent Authority shall, for taking decision to record memorandum or refusing to record, issue notice to the parties to agreement in Form XIII fixing the date and place of hearing and that in default of objections he proposes to record the memorandum on the date so fixed. The notice under this sub-rule may be sent personally or through registered post or speed post or electronically : Provided that the notice may be communicated orally to any parties who are present at the time when notice in writing would otherwise issue. (2) On the date so fixed, the Competent Authority, after hearing the parties to agreement shall take decision to record or refuse to record the memorandum. 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 is made by any party concerned. (3) If on such date, the Competent Authority decides that the memorandum ought not to be recorded, he shall inform the parties present of his decision and of the reasons thereof and if any party desiring the memorandum to be recorded is not present, he shall send the said information to that party. 44. 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 XIV and shall cause an endorsement to be entered under his signature on a copy of a memorandum to be retained by him in the following terms, namely,- “The memorandum of agreement bearing Serial No. of 20 in the register has been recorded this day of_________ . (Signature) Competent Authority 45. Qualifications and experience for Competent Authority under sub-section (1) of section 91 - (1) The person to be appointed as the Competent Authority for the purpose of this Chapter shall be a gazetted officer not below the rank of Jt. Labour Commissioner having educational qualification and experience in personnel management, human resource development, industrial relations and legal affairs or such other qualification and experience as may be prescribed by the State Government from time to time. 46. Application under sub- section (3) of section 93 – When the application for relief is based upon a document, the document shall be appended to the application : Provided that with the prior permission of the Competent Authority, documents may be submitted during hearing of application. 47. Application presented to wrong Competent Authority – (1) If it appears to the Competent Authority on receiving an application that it should be presented to another Competent Authority, he shall return it to the applicant after endorsing upon it the date of the presentation and return, the reason for returning it and designation of the Competent Authority to whom it should be presented. (2) If at any stage of case it appears to Competent Authority that the application should be entertained by another Competent Authority, he shall send the file of that case to the Authority which has the jurisdiction, and inform about the same to applicant and other parties. (3) The Competent Authority to whom the case has been transferred, shall continue to proceed as if the previous proceedings were done before him, if he is satisfied that it will not adversely affect the interest of parties. 48. Summary dismissal of application – (1) The Competent Authority may, after considering the application and the result of any examination of the applicant, summarily dismiss the application, if, for reasons to be recorded, he is of the opinion that there are no sufficient grounds for proceeding thereon : Provided that dismissal of the application under sub-rule (1) shall not of itself preclude the applicant from presenting a fresh application for the settlement of the same matter. (2) If the application is not summarily dismissed by the Competent Authority, he shall issue notice to opposite party or parties against whom relief is sought together with copy of application and other documents appended 49. Submissions of Parties – (1) The opposite party, if desires to contest the claim, may file a written statement accompanied with documents, and if no written statement has been filed, the Competent Authority shall proceed to examine him upon the claim, and shall reduce the result of examination to writing. (2) If the opposite party files the written statement, the applicant may file rejoinder with documents. 50. Framing of issues – (1) After considering any written statement and the result of any examination of the parties, the Competent Authority may frame issues for decision of the case, if he thinks necessary. (2) Where the issues of law and facts are framed, and if the Authority is of the opinion that the case may be decided on issues of law, he shall proceed to hear on those issues and after decision on the issues of law, hearing on issues of facts shall be proceeded. 51. Diary – The Competent Authority shall cause to be maintained a brief diary of the proceedings on an application. 52. Special provision relating to trial and disposal of application under the Code - (1) Every application under the Code shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the application on the opposite party. 53. Evidence – (1) After framing of issues, the parties may submit their evidence on affidavit, on which opposite party shall have the right of cross-examination. (2) On an application made by any party to the proceedings and on deposit of fees and expenses fixed by the Competent Authority, the Competent Authority may summon any witness whose evidence, he thinks is necessary for just decision of the case. (3) The evidence of all witnesses shall be recorded in the presence of Competent Authority and shall be authenticated by his signature and seal. 54. Fee for filing application – Fees relating to proceedings of the case shall be such as determined by the State Government from time to time: Provided that if in any matter the applicant, for any reason is unable to pay the fee in advance, the Competent Authority may proceed without deposit of advance fee and may direct that payment of the fee shall be due after final decision in the case. 55. Incidental Costs – (1) Any party to the dispute who desires to get certified copies of decision, decree, or other document may get the same on payment of cost at the following rate :- (a) the cost for the copies of any document of record or statement or order or decree shall be Rs. 2/- per page along with Rs. 10/- for the application for the copies; (b) the cost of service of summons or notices or expenses of witnesses or the cost payable in respect of any matter not referred before shall be such amount as may be specified in each case by the Court and such amount or any other sum of money payable under this rule shall be paid in such manner and within such time as may be specified; (c) the Court, whenever it finds either on applications of applicant or otherwise that the applicant is unable to pay the cost, may exempt the applicant from the payment of cost. (2) Any person who is not a party to dispute, may get the certified copy of decision, decree or other documents except the confidential documents, on payment of the fees prescribed in above mentioned clauses. 56. Procedure in connected cases. - (1) Where two or more cases pending before a Competent Authority arise out of the same accident and any issue involved is common to two or more such cases, such cases may, so far as the evidence bearing on such issue is concerned, be heard simultaneously. (2) Where action is taken under sub-rule (1) the evidence bearing on the common issue or issues shall be recorded on the record of one case, and the Competent Authority shall certify under his hand on the record of any such other case the extent to which the evidence so recorded applies to such other case, and the fact that the parties to such other case had the opportunity of being present, and, if they were present, of cross examining the witnesses. 57. Certain provisions of Code of Civil Procedure, 1908 to apply - Save as otherwise expressly provided in the Code or these rules, the following provisions of the First Schedule to the Code of Civil Procedure, 1908 (Act no. 5 of 1908), namely, those contained in Order V Rules 9 to 13 and 15 to 30; Order IX; Order XII Rules 3 to 10; Order XVI Rules 2 to 21; Order XVII; and Order XXIII Rules 1 and 2, shall apply to proceedings before Competent Authorities, in so far as they may be applicable thereto: Provided that:- (a) for the purpose of facilitating the application of the said provisions the Competent Authority may construe them with such alternations not affecting the substance as may be necessary or proper to adapt them to the matter before him; (b) the Competent Authority may, for sufficient reasons, proceed otherwise than in accordance with the said provision, if he is satisfied that the interests of the parties will not thereby be prejudiced. Chapter VII FINANCE AND ACCOUNTS 58. Conditions to acquire, hold, sell or otherwise transfer any movable or immovable investments under sub section (2) terms to raise loans and take measures for discharging such loans under sub-section (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-section (4) of section 120; State Government may notify the conditions after consultation with Finance Department. 59. Conditions and manner of writing off irrecoverable dues under section 121- Where Delhi Unorganized Workers Social Security Board is of the opinion that the amount of contribution, cess, interest and damages due to board has become irrecoverable, the Board or any other officer authorized by it in this behalf may sanction the writing off of the said amount, subject to the following conditions, namely:- (i) Establishment has been closed for more than five years and the whereabouts of the employer cannot be ascertained, despite all possible efforts; (ii) Decree obtained by the Board could not be executed successfully for want of sufficient assets of the defaulting employer; or (iii) Claim for contribution is not fully met by- (a) The Official Liquidator in the event of factories/establishments having gone into liquidation; or (b) In the event of unit being nationalized or taken over by the Government. Chapter VIII Maintenance of Records Registers, Returns 60. Form and manner for maintenance of record and registers and other particulars and details under clause (a), manner and form for display of notices at the work places of the employees under clause (b) and the manner and period of filing returns to the officers or authority under clause (d) of section 123. (1) Register of Women Employees.- (a) The employer of every establishment in which women are employed shall prepare and maintain a register of women employees in Form XV electronically or in hard copy and shall enter therein particulars of all women workers in the establishment. (b) Further, it shall always be available for inspection under notified inspection scheme for the Inspector –cum-Facilitator. (c)The employer may enter in the register of women employees such other particulars as may be required for any other purpose of the Code. (2) Forms, Registers etc. – Every employer to whom the Code applies shall maintain electronically or otherwise a register of employees, register of wage period, number of days and hours for which work performed by employees and deductions made from wages, register of leave wages and register of employment of employees, occupational details of employees, persons recruited during the particular period and vacancies for which suitable candidates were not available during the period in such forms as may be specified by the State Government by general or special order. (3) Records.-Records kept under the provisions of 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. (4) Annual returns.- (a) The employer to which the provisions of Chapter V of the Code applies, on or before the 1st day of February in each year, shall submit/upload a unified annual return in online mode on the web portal of the State Government in Form-XVI, as the case may be, giving information as to the particulars specified, in respect of the preceding year: Provided that during inspection, the Inspector-cum-Facilitator may require the production of accounts, books, register and other documents maintained in electronic form or otherwise. (b) Every employer shall file such returns electronically or otherwise to such officer or authority as may be fixed by State Government by general or special order Explanation.-For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000). (c) If the employer to which the Code applies sells, abandons or discontinues the working of the establishment, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, shall submit/upload online, on the web portal of the State Government a further unified return in Form XVI referred to in clause (a) in respect of the period between the end of the preceding year and the date of the sale abandonment or discontinuance. (5) Returns – (1) Every employer shall file returns, containing the details of dangerous occurrences, accidents, injuries in respect of which compensation has been paid by employer along with the amount of such compensation in the manner electronically or otherwise as may be specified by an order of the State Government. (2) Every employer shall file such returns electronically or otherwise to such officer or authority as may be fixed by State Government by general or special order. (6) Display of Notices – Every employer shall display all the notices required to be displayed, conspicuously at the notice board of the establishment. Chapter IX INSPECTION SCHEMES 61. Inspection Scheme.- (1) The State Government may by notification in the official Gazette appoint such persons as it thinks fit for such area as may be specified in the notification for the purpose of implementing all the provisions of the Code other than those contained in chapter III and IV. (2) The inspection scheme laid down by the State Government under sub- section (2) of section 122 of the Code shall make provisions for; (a) Fixing minimum number of establishments that need to be inspected in a specific month. (b) Inspection of unregistered establishment which are not covered within the inspection scheme. (c) Inspection of specific establishment based on the complaint of a substantial number of workmen of the establishment or a Trade Union as the case may be. (3) The Inspector-cum-Facilitator appointed under the code may call for any Register or record maintained by the Employer under (a) The Industrial Relations Code, 2020 (Central Act 35 of 2020) (b) The Code on Wages, 2019. (Central Act 29 of 2019) (c) The Occupational Safety, Health and Working Conditions Code, 2020. (Central Act 37 of 2020) (d) Any other legislations pertaining to social security or service conditions of workmen which he considers proper and necessary for the purpose of the Inspection. Chapter X OFFENCES AND PENALTIES 62. Manner of compounding of offences by the authorised officer specified under sub-section (1) of section 138 and the form and manner of making application for the compounding of an offence under sub-section (4) of section 138 (1) The officer authorised 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-XVII for the offences, which are compoundable under section 138. (2) The person so noticed may apply in Part III of the Form-XVII to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice. (3) The Compounding Officer shall issue a composition certificate in Part IV of Form-XVII within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice. (4) If a person so noticed fails to deposit the composition amount within the prescribed time, the prosecution shall be instituted before the competent Court or the offence in respect of which the compounding notice was issued, against such person. (5) Composition after institution of prosecution – (a) The Court may compound any compoundable offence at any time after filing of a complaint under section 138 of the Code. (b) The provisions of section 320 of the Code of Criminal Procedure, 1973 shall apply to such compositions. Chapter XI Employment Information and Monitoring 63. Manner of establishment and maintenance of Career Centre and the Career Services under clause (9) of section 2. (1) The State Government may establish, run and maintain Career Centre or modify and declare its already established office or employment exchange or both or a portal or authorize any other such centre as Career Centre by notification. Until such a notification is issued, the existing local Employment Exchanges would function as Career Centres. (2)The State Government may also enter into an agreement with any institution, local authority, local body or private body for running a Career Centre. (3)The Career Centres established under sub-rules (1)and (2) above shall inter-alia perform the following functions namely: a) collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode; relating to: i. persons who seek to employ employees; ii. persons who seek employment; iii. occurrence of vacancies; and b) persons who seek vocational guidance and career counselling or guidance to start self employment; c) organizing job-fairs and job drives; d) employment related surveys and studies; e) employability enhancement activities; and f) other services as may be decided by the State Government from time to time. 64. Manner and form of reporting vacancies and form of filing the return by the employer, to the concerned Career Centre under sub- section (2) of section 139. (1) Reporting of Vacancies to Career Centres: After the commencement of this Code in the State or any area thereof, the employer in every establishment in public sector in the State or area thereof shall, before filling up any vacancy in any employment in that establishment, report that vacancy or cause to be reported to such Career Centre as may be specified in the notification by the State Government. (a) 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 in any employment in that establishment, report that vacancy or cause to be reported to such Career Centre (Regional) from such date as may be specified in the notification by the State Government. (b) State Government shall provide for mechanism (including digital) for receipt of vacancies reported by the employers. 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 three working days from the date of receipt of reporting of vacancies. (c) Employer, if advertise that vacancy in any media or makes recruitment through agency or any other mode, shall invariably quote that Unique Vacancy Reporting Number in that advertisement on recruitment process. Explanation: (1) Establishment in “public sector” means an establishment owned, controlled or managed by- (i) The State Government or a Department of the State Government; (ii) a Government company as defined inclause (45) of section 2 of the Companies Act, 2013 (Act No. 18 of2013); (iii) a corporation (including a co-operative society ) or an autonomous organization or an authority or a body established by or under a Central or State Act, which is owned, controlled or managed by the Government; and (iv) a local authority. (2) “Establishment in private sector” means an establishment which is not an establishment in public sector and with ordinarily 50 or more employees or such number of employees as may be notified by the Central Government. (2) Type of vacancies and respective Career Centre for reporting of vacancies: (a) The following vacancies, namely i. all vacancies in posts of technical and scientific nature carrying a minimum pay or pay level or both as notified by the State Government, occurring in establishments in respect of which the State Government is the appropriate Government under the Code; and ii. vacancies which an employer may desire to circulate to the Career Centres outside the State shall be reported to such Career Centre(Central) as may be specified by the State Government by notification. (b) Vacancies which have been reported to the Career Centre (Regional) 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. (3) Form and manner of reporting ofvacancies (a) The vacancies shall be reported in writing or through valid official email or digitally to the Career Centre specified by the State Government. (b) The vacancies shall be reported in the format given at Form XVIII, furnishing as many details as practicable, separately in respect of each type of vacancy. (c) Any change in the particulars already furnished to the Career Centre under clause (a) of sub rule(3), shall be reported in writing or through official email or digitally as the case may be, to the specified Career Centre. (4) Time limit in the reporting of vacancies: (1) Vacancies, required to be reported to the Career Centre (Regional), shall be reported at least fifteen days before the last date of receipt of the applications of the prospective candidates for purpose of appointment or taking interview or test against the vacancies reported. (2) The local career centre will in turn provide the list of prospective candidates to the employer for the benefit of both the employer and the job seekers. (3) The result of the selected candidates shall be reported within 15 days from the date of selection to the Career Centre (Regional) in the prescribed form appended as FORM-XIX. The above does not mean that candidate will be selected only from the list provided by the Career Centre (Regional). (4) Time limit for the vacancies of the post of Technical and Scientific nature will be as per the rule made by the Career Centre (Central). (5) Maintenance of records: (a) After commencement of this Code in the State or area thereof, the employers in every establishment in the public sector in the State or area thereof shall maintain records manually or electronically or digitally about:- i) total number of employees (regular, contractual or in fixed term employment) as on 31stMarch of every year; ii) persons recruited during the year ending on 31st March; iii) occupational details of its employees on 31st March of every year; iv) vacancies for which suitable candidates were not available during the year ending on 31st March; and v) approximate number of vacancies likely to occur during the next financial year. (b) State Government may by notification, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishment in private sector shall maintain records manually or electronically or digitally about :- i) total number of employees (regular, contractual or in fixed term employment) as on 31stMarch of every year; ii) persons recruited during the year ending on 31stMarch; iii) occupational details of its employees on 31st March of every year; iv) vacancies for which suitable candidates were not available during the year ending on 31st March; and v) approximate number of vacancies likely to occur during the next financial year. (6) Submission of returns: An employer shall furnish to the concerned Career Centre (Regional) yearly returns in Form EIR (Employment Information Return) as given at Form-XX. Yearly returns shall be furnished manually or, electronically, or digitally, as the case may be, as specified by the State Government by way of in notification, within thirty days of the due date namely 31st March of the year. (7) Declaration of Executive Officer: The Director of Employment or officer of his equivalent or above rank, controlling the work of Career Centres (Regional) of the State Government, will declare in writing an officer looking after the work of Career Centres (Regional) as “Executive Officer” for each district for the purpose of enforcement /implementation of Chapter XIII (Employment Information and Monitoring) of the Code. He 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. (8) Levy of penalty under the Chapter XIII of the Code: The Director of Employment or an officer of equivalent or above rank, controlling the work of Career Centres (Regional) of the respective State shall be the Competent Authority to approve institution or sanction the institution of levy of penalty for an offence under the Code as mentioned in section133. Chapter XII MISCELLANEOUS 65. Other powers of Inspector-cum- facilitator – In addition to powers in sub-section (6) of section 122, Inspector-cum-facilitator may exercise such other powers and shall perform such other duties as may be assigned by the State Government by general or special order. By Order and in the Name of Lt. Governor of National Capital Territory of Delhi SHILPA SHINDE, Secy. (Labour) Copy forwarded for information to:- 1. Pr. Secretary to Hon’ble Lt. Governor, Delhi. 2. The Additional Secretary to the Hon’ble Chief Minister. Government of National Capital Territory of Delhi, Delhi Sachivalaya, I.P. Estate, New Delhi. 3. Secretary to Hon’ble Minister of Labour, Government of National Capital Territory of Delhi, Delhi Sachivalaya, I.P. Estate, New Delhi. 4. Deputy Secretary (GAD) with request to publish it in Delhi Gazette Extra Ordinary Part-IV. 5. System Analyst to upload it on the website of Labour Department. 6. Guard File. Form I (See rule 29 (1)) In the Employees, Insurance Court at……………………………………………………………… ………………………………………………………………………………………………… ………….…………………………………………………………………………………………………… Applicant (add description and residence) Against ……………………………………………………………….. ………………………………………… ………………………………………………………………………….……………………… ………………………………………………………………Opposite Party(add description and residence) Other Particulars of Application specified in rule 24 (1)………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ……………… …………………… Signature of Applicant Date ………………. (Verification by the applicant) The statement of facts contained in this application is to the best of my knowledge and belief, true and correct ………………………. Signature Date ………….……………….. FORM II (See Rule 29 (4)) Employee’s Insurance Court at ..................................... Register of proceedings in the year 20............. +----+------------------------------------+------------------+ | 1 | Date of presentation of application | | +----+------------------------------------+------------------+ | 2 | No of proceedings | | +----+------------------------------------+------------------+ | 3 | Name | Applicant | +----+------------------------------------+------------------+ | 4 | Description | | +----+------------------------------------+------------------+ | 5 | Place of residence | | +----+------------------------------------+------------------+ | 6 | Particulars | opposite party | +----+------------------------------------+------------------+ | 7 | Amount of value, if any | | +----+------------------------------------+------------------+ | 8 | place of residence | Claim | +----+------------------------------------+------------------+ | 9 | particulars | | +----+------------------------------------+------------------+ | 10 | amount or value, if any | | +----+------------------------------------+------------------+ | 11 | when the cause of action accured | | +----+------------------------------------+------------------+ | 12 | day of parties to appear | appearances | +----+------------------------------------+------------------+ | 13 | applicant | | +----+------------------------------------+------------------+ | 14 | opposite-party | | +----+------------------------------------+------------------+ | 15 | date | final | +----+------------------------------------+------------------+ | 16 | for whom | | +----+------------------------------------+------------------+ | 17 | order | | +----+------------------------------------+------------------+ | 18 | Date of Decision of appeal, if any | appeal | +----+------------------------------------+------------------+ | 19 | judgment in appeal, | | +----+------------------------------------+------------------+ | 20 | Date of application | executive | +----+------------------------------------+------------------+ | 21 | against whom | | +----+------------------------------------+------------------+ | 22 | For what, and amount of money | | +----+------------------------------------+------------------+ | 23 | amount of costs | | +----+------------------------------------+------------------+ | 24 | Date of order another civil court | | +----+------------------------------------+------------------+ | 25 | other remarks, if any | | +----+------------------------------------+------------------+ FORM-III [(See Rule 33 (1),(2),(3) and (4)] Nomination/Fresh Nomination/Modification of Nomination (Strike out the words not applicable) To…………………………………………………………………………………………………………………….. (Give here name or description of the establishment with full address) I, Shri/Shrimati/Kumari…………………………………(Name in full here)whose particulars are given in the statement below, hereby nominate the person(s) mentioned below/ have acquired a family within the meaning of clause (33) of section 2 of Code on Social Security, 2020 with effect from the …………………(date here) in the manner indicated below and therefore nominate afresh the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of gratuity shall be paid in proportion indicated against the name(s) of the nominee(s). or I, Shri/Shrimati/Kumari……………………………(Name in full here) whose particulars are given in the statement below, hereby give notice that the nomination filled by me on date ………… and recorded under your reference No…………….dated………………. shall stand modified in the following manner. *Strike out unnecessary portion. 2. I hereby certify that the person(s) mentioned is/are a member(s) of my family within the meaning of clause(33) of section 2 of the Code on Social Security, 2020. 3. I hereby declare that I have no family within the meaning of clause (33) of section 2 of the said Code. 4 (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. 5. I have excluded my husband from my family by a notice dated the……………… to the competent authority interms of clause (33) of section 2 of the said Code. 6. Nomination made herein invalidates my previous nomination. Nominee(s) +----------------------------+-----------------------------+--------------+------------------------------+ | Name in full with full | Relationship with | Age of | Proportion by which | | address of nominee(s) | the employee | nominee | the gratuity will be | | | | | shared | +============================+=============================+==============+==============================+ | 1. | 2. | 3. | 4. | +----------------------------+-----------------------------+--------------+------------------------------+ | 1. | | | | +----------------------------+-----------------------------+--------------+------------------------------+ | 2. | | | | +----------------------------+-----------------------------+--------------+------------------------------+ | 3. | | | | +----------------------------+-----------------------------+--------------+------------------------------+ | 4. | | | | +----------------------------+-----------------------------+--------------+------------------------------+ Manner of acquiring a “Family” (Here give details as to how a family was acquired, i.e., whether by marriage or parents being rendered dependent or through other process like adoption) Statement 1. Name of employee in full 2. Sex 3. Religion 4. Whether unmarried/married/widow/widower 5. Department/Branch/Section where employed 6. Post held with Ticket No. or Serial No., if any 7. Date of appointment 8. Permanent address: Village…………………. Thana……..……………… Sub-division……………………….. Post Office……………. Pin-Code………… District………………… State…………………… E-mail ID………………………… Mobile Number…………………… Place: Date: Signature/Thumb-impression of the Employee Certificate by the Employer Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer's Reference No., if any Signature of the employer/Officer authorized Designation Date: Name and address of the Establishment or rubber stamp thereof. Acknowledgement by the Employee Received the duplicate copy of nomination in Form-III filed by me and duly certified by the employer. Date: …………………. Signature of the Employee FORM-IV [(See Rule 34(1)] Application for Gratuity by an Employee/Nominee/Legal Heir (Strike out the words not applicable) To,…………………………………………………………………………… (Give here name or description of the establishment with full address) Sir/Madam, I, ………………………..(name of employee/nominee/legal heir) /nominee of late…………………………….(Name of the employee)/ as a legal heir of late…………………………….(Name of the employee), beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 53 of the Code on Social Security, 2020 on account of- (a) my superannuation/retirement/resignation after completion of not less than five years of continuous service/total disablement due to accident/total disablement due to disease/ on termination of contract period under fixed term employment with effect from the…………………..or; (b) death of the aforesaid employee while in service/superannuation on………………after completion of…………..years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the………… or; (c)death of aforesaid employee of your establishment while in service/super annuation on…………………………(date) without making any nomination after completion of ……………..years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from…………………… Necessary particulars relating to my appointment are given in the statement below. 1. Name of employee in full, (if, the gratuity is claimed by an employee) a. Marital status of employee(unmarried/married/widow/widower) b. Address in full of employee or 2. Name of nominee/legal heir, (if the gratuity is claimed by nominee/legal heir) a. Name of Employee b. Marital status of nominee/legal heir(unmarried/married/widow/widower) c. Relationship of nominee/legal heir with the employee d. Address in full of nominee/legal heir e. Date of death and proof of death of the employee f. Reference No. of recorded nomination if available 3. Department/Branch/Section where last employed 4. Post held by employee. 5. Date of appointment. 6. Date and cause of termination of service 7. Date of Death 8. Total period of service of the employee 9. Total wages last drawn by the employee. 10. Total gratuity payable to the employee/ share of gratuity claimed by a nominee/legal heir. 11. Payment may please be made by crossed bank cheque/credit in my bank account no…... Yours faithfully, Signature/Thumb-impression of the applicant employee/nominee/legal heir. Place: Date: FORM-V [(See Rule 34(2)] Notice for Payment/Rejecting claim of Gratuity (Strike out the words not applicable) To,………………………………………………………………………………………………………………… (Name and address of the applicant employee/nominee legal heir) You are hereby informed that (a) *as required under sub-clause (ii) of clause (a) of sub-rule (2) of rule 34 of the Delhi Code on Social Security Rules, 2025that your claim for payments of gratuity as indicated on your application in Form-IV under the said rulesis not admissible for the reasons stated below: Reasons (Here specify the reasons); or (b) *as required under sub-clause (i) of clause (a) of sub-rule (2) of rule 34 the Delhi Code on Social Security Rules, 2025 that a sum of Rs. ………..(Rupees…………………) is payable to you as gratuity/as your share ofgratuity in terms of nomination made by ………………..on …………………and……………recorded in this…………………as a legal heir of………………….an employee of this establishment. 2. *Please call at ……………………..on………………………… (Here specifyplace)……………………..(date) at……………….(time) for collecting your payment of gratuity crossed cheque. 3. Amount payable shall be sent to you through demand draft or shall be credited in your bank account asdesired by you. 4. Brief statement of calculation (a) Date of appointment. (b) Date of termination/superannuation/resignation/ disablement/death. (c) Total period of service of the employee concerned: ………………….years……………….. months. (d) Wages last drawn: (e) Proportion of the admissible gratuity payable in terms of nomination/as a legal heir: (f) Amount payable: *strike out para, if, not applicable Place: Date: Signature of the Employer/authorised officer Name or description of establishment or rubber stamp thereof. Copy to: The Competent Authority in case of denial of gratuity. FORM-VI [(See Rule 34(4)] Application for Direction Before the Competent Authority for Chapter V under the Code on Social Security, 2020 Application No. Date BETWEEN (Name in full of the applicant with full address) AND (Name in full of the employer concerned with full address) The applicant is an employee of the above-mentioned employer/a nominee of late………………………… an employee of the above-mentioned employer/a legal heir of late………………………… and employee of the above mentioned employer, and is entitled to payment of gratuity under section 53 of the Code on Social Security, 2020 on account of his own/aforesaid employee's superannuation on……………………………(date)/his own retirement/aforesaid employees' resignation on…………………..(date) completion of…………………years of continuous service/his own/aforesaid employees' total disablement with effect from ………………….(date)due to accident/disease death of aforesaid employee on………………. 2. The applicant submitted an application under Rule…………………… of the Delhi Code on Social Security Rules, 2025 on the ……………….but the above-mentioned employer refused to entertain it/issued a notice datedthe……………. under clause ………….of sub-rule of rule ……………….offering an amount of gratuity which is lessthan my due/issued a notice dated ………………..the under clause…………. of sub rule…………ofrule………………. rejecting my eligibility to payment of gratuity. The duplicate copy of the said notice is enclosed. 3. The applicant submits that there is a dispute on the matter (specify the dispute). 4. The applicant furnishes the necessary particulars in the annexure hereto and prays that the Competent Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner. 5. The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of his knowledge and belief. Date: Signature/Thumb impression of the applicant. ANNEXURE 1. Name in full of applicant with full address 2. Basis of claim (Death/Superannuation/Retirement/Resignation/Disablement of Employee/Completion of contract period under Fixed Term Employment) 3. Name and address in full of the employee 4. Marital status of the employee (unmarried/married/widow/widower) 5. Name and address in full of the employer 6. Department/Branch/Section where the employee was last employed (if known) 7. Post held by the employee with Ticket or Sl. No., if any (if known) 8. Date of appointment of the employee (if known) 9. Date and cause of termination of service of the employee (Superannuation/retirement/ resignation/disablement / death/Completion of contract period under Fixed Term Employment) 10. Total period of service by the employee 11. Wages last drawn by the employee 12. If the employee is dead, date and cause thereof 13. Evidence/witness in support of death of the employee 14. If a nominee, No. and date of recording of nomination with the employer 15. Evidence/witness in support of being a legal heir if a legal heir 16. Total gratuity payable to the employee (if known) 17. Percentage of gratuity payable to the applicant as nominee/legal heir 18. Amount of gratuity claimed by the applicant Place: Date: Signature/Thumb-impression of the applicant FORM – VII [(See Rule 34 (5) and (8)] Notice for Appearance before the Competent Authority/Summon (Strike out the words not applicable) To, (Name and address of the employer/applicant) Whereas Shri …………………………..an employee under you/a nominee(s)/legal heir(s)ofShri………………………………….an employee under the above-mentioned employer, has/have filed anapplication under sub-rule (4) of rule 34 of the Delhi Code on Social Security Rules, 2025 alleging that---- (A copy of the said application is enclosed, if, summon is issued then copy of application is not required) Now, therefore, you are hereby called upon/summoned to appear before the Competent Authority at…………………..(place)either personally or through a person duly authorized in this behalf for the purpose ofanswering all material questions relating to the application on the ….. day of …………20….. at …………….'O' clockin the forenoon/afternoon in support of/to answer the allegation; and as the day fixed for your appearance is appointedfor final disposal of the application, you must be prepared to produce on that day all the witnesses upon whoseevidence, and the documents upon which you intend to rely in support of your allegation/defence. Take notice that in default of your appearance on the day before-mentioned, the application will be dismissed/heard and determined in your absence . Whereas your attendance is required to give evidence/you are required to produce the documents mentioned in this list below, on behalf of ……….. in the case arising out of the claim for gratuity by………. Form…………….and referred to this Authority by an application under section 56 of the Code on Social Security, 2020, you are hereby summoned to appear personally before this Authority on the ……. day of ……..20…………….. at …………‘O’clock in the forenoon/afternoon and to bring with you for to send to this Authority) the said documents. List of documents- 1. 2. 3. Given under my hand and seal, this …………..day of …………..20….. Competent Authority under the Code on Social Security Code, 2020 Note: 1. Strike out the words and paragraphs not applicable. 2. The portion not applicable to be deleted. 3. The summons shall be issued in duplicate. The duplicate is to be signed and returned by the persons served before the date fixed. 4. In case the summons is issued only for producing a document and not to given evidence it will be sufficient compliance to the summons if the documents are caused to be produced before the Competent Authority on the day and hour fixed for the purpose. FORM – VIII [(See Rule 34 (11) and (12)] Notice for Payment of Gratuity as Determined by Competent/Appellate Authority (Strike out the words not applicable) To, (Name and address of employer) 1. Whereas Shri/Smt./Kumari…………………………………… of an employee…………………………………………………… (address)under you/a nominee(s)/legal heir(s) of late………………………………………………an employee under you, filed an application under section 56 of the Code on Social Security, 2020, before me; or Whereas a notice was given to you on …………………….requiring you to make payment of Rs……………………to Shri/Smt./Kumari………………………………as gratuity under the Code on Social Security, 2020. 2. And whereas the application was heard in your presence on………..and after the hearing have come to the finding that the said Shri/Smt./Kumari………………………………………… is entitled to a payment of Rs……………… as gratuity under the Code on Social Security, 2020; or Whereas you/the applicant went in appeal before the appellate authority, who has decided that an amount of Rs………………….. is due to be paid to Shri/Smt./Kumari………………………….as gratuity due under the Code on Social Security, 2020. Now, therefore, I hereby direct you to pay the said sum of Rs. ……………………….to Shri/Smt./Kumari………………………………. within thirty days of the receipt of this notice with an intimation thereof to me. Given under my hand and seal, this …………….day of……………….20………... Competent Authority under the Code on Social Security Code, 2020 Copy to: 1. The Applicant- He is advised to contact the employer for collecting payment. 2. The Appellate Authority if applicable. Note.---(Strike out paragraphs if not applicable) FORM – IX [(See Rule 34(13)] Application for Recovery of Gratuity Before the Competent Authority for Chapter V under the Social Security Code, 2020 Application No. Date BETWEEN (Name in full of the applicant with full address) AND (Name in full of the employer/Trust/Insurer concerned with full address) 1. The applicant is an employee of the above-mentioned employer/a nominee of late……………………an employee of the above mentioned employer/a legal heir of late ………………an employee of the above-mentioned employer, and you were pleased to direct the said employer in your notice dated the ………………………..under sub-rule (11) or sub-rule (12) of rule 34 of Delhi Code on Social Security Rules, 2025 for payment of a sum ofRs………………….. as gratuity payable under the Code on Social Security, 2020. 2. The applicant submits that the said employer failed to pay the said amount of gratuity to me as directed by youalthough I approached him for payment. 3. The applicant therefore prays that a certificate may be issued under section 129 of the Code for recovery of the saidsum of Rs. ……………………….due to me as gratuity in terms of your direction. Signature/Thumb-impression of applicant. Place: Date: Note.—Strike out the words not applicable. Form X (Notice Book of the Accidents) (See rule 39) Name of the Establishment……………… Nature of Business …………………… Date of opening……………………. Registration no (if any)-…………………… Name of the employer/occupier………………….. +------------+-------------+---------+-----------+-----------------------+------------+------------+---------------------------+---------------------------+--------------------------+ | Date of | Short | Name | Whether | Whether | Whether | Whether | Amount of | Amount of | Date of | | accidents | detail of | of the | accident | accident | accident | accident | Compensa | Compensati | payment or | | | Accident | injured | result in | resulted in total | result in | result in | tion paid | on | deposit of | | | | person | death | disablement | partial | Temporary | to | deposited to | Compensat | | | | | | | disablement| disablement| employee | Competent | ion | | | | | | | | | or his | Authority | | | | | | | | | | dependent | | | +------------+-------------+---------+-----------+-----------------------+------------+------------+---------------------------+---------------------------+--------------------------+ | | | | | | | | | | | +------------+-------------+---------+-----------+-----------------------+------------+------------+---------------------------+---------------------------+--------------------------+ FORM XI (See Rule 41) Statement of Fatal Accidents To, Competent Authority, ............................... Sir, 1. I have the honour to submit the following statement of an accident which occurred in(date), at (here enter details of premises) and which resulted in the death of the employee/employees of whom particulars are given in the statement annexed. 2. The circumstances relating to the death of the employee/employees were as under: - (a) Time of accident. (b) Place where the accident occurred. (c) Manner in which deceased was/were employed at the time. (d) Cause of the accident. (e) Any other relevant particulars. 3. I am responsible for payment of compensation 4. Details of employee ………………………….. (a) Name of the employee ……………. (b) Father’s name of employee....................... (c) Age of the employee ……………….. (d) Sex of the employee ……………… (e) Wages of the employee (f) Contact No. …………………………. (g) Full postal address ……………… (h) Nature of employment ……………….. ………………………………………………………………………….. …………………………………………………………………………………………………….. 5. The establishment is not responsible for payment of compensation due to reasons mentioned below………………………………………………………………………… ………………………………………………………………………………………… …. (Signature and designation of person making the statement) FORM XII (See Rule 42) Memorandum of Agreement It is hereby submitted that on the ................... day of ............ 20..........personal injury was caused to.........................residing at by accident arising out of and in the course of his employment in ................The said injury has resulted in permanent disablement to the said workman of the following nature, namely:- The said employee’s monthly wages are estimated at Rs. .............................. The employee isover the age of 15 years will reach the age of 15 years on ........................... .The said employee has, prior to the date of the agreement, received the following payments, namely: -- Rs. ..................................... on ............................ Rs. ......................... on ................................ Rs. ..................................... on ............................. Rs. ......................... on ............................... Rs. ..................................... on ............................. Rs ......................... on ................................ It is further submitted that the employer of the said employee has agreed to pay, and the said employee has agreed to accept, the sum of Rs. ....................in full settlement of all and every claim under the Code on Social Security, 2020 in receipt of the disablement stated above and all disablement now manifest. It is therefore requested that this memorandum be duly recorded. Dated ..........................20........ . Signature of employer Witness Witness Signature or employee Note- Application to register an agreement can be presented under signature of one party: provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid) In accordance with the above agreement, I have this day received the sum of Rs............ Dated ...................20.... . Employee The money has been paid and this receipt signed in my presence. Witness Note- This form may be varied to suit special cases, e.g. injury by occupational disease, agreement when employee is under legal disability, etc. FORM XII-A (See Rule 42) Memorandum of Agreement It is hereby submitted that on the ....................day of .................. 20 ............ personal injury was caused to ....................... residing at ................... by accident arising out of said in the course of employment in ............................................... . The said injury has resulted in temporary disablement to the said employee, who is at present in receipt of wages amounting to Rs. per month/no wages. The said employee’s monthly wages prior to the accident are estimated at Rs. ............... . The employee is subject to a legal disability by reason of. It is further submitted that the employer of the employee has agreed to pay and on behalf of the said employee has agreed to accept half-monthly payments at the rate of Rs. ..............for the period of the said temporary disablement. This agreement is subject to the condition that the amount of the half monthly payments may be varied in accordance with provisions of the said Act on account of an alteration in the earnings of the said employee during disablement. It is further stipulated that all rights of commutation under Section 7 of the said Act are unaffected by this agreement it is therefore requested that this memorandum be duly recorded. Dated ................ 20.... . Signature of employer Witness Signature of employee Witness Note- An application to register and agreement can be presented under the signature of oneparty:provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid). In accordance with the above agreement, I have this day received the sum of Rs. ...................... Employee Dated ..................20 . The money has been paid and this receipt signed in my presence. Note- This form may be varied to suit special cases, e.g., injury by occupational disease, etc. FORM XII-B (See Rule 42) Memorandum of Agreement It is hereby submitted that on the ................... day of ............ 20...... personal injury was caused to....................... residing at by accident arising out of and in the course of his employment in .................The said injury has resulted in death to the said workman. The said employee’s monthly wages are estimated at Rs. .............................. The employee isover the age of 15 years will reach the age of 15 years on ........................... . The said employee has, prior to the date of the agreement, received the following payments,namely: -- Rs. ..................................... on ............................ Rs. ......................... on ................................ Rs. ..................................... on ............................. Rs. ......................... on ............................... Rs. ..................................... on ............................. Rs ......................... on ................................ It is further submitted that the employer of the said employee has agreed to pay, and dependent (s) of the said employee has agreed to accept, the sum of Rs. ....................in full settlement of all and every claim under the Code on Social Security, 2020 in receipt of death stated above. It is therefore requested that this memorandum be duly recorded. Dated ..........................20........ . Signature of employer Witness Witness Signature or dependant(s) Note- Application to register an agreement can be presented under signature of one party: provided that the other party has agreed to the terms. But both signatures should be appended, whenever possible. Receipt (to be filled in when the money has actually been paid) In accordance with the above agreement, I have this day received the sum of Rs............ Dated ...................20.... . Dependant(s) The money has been paid and this receipt signed in my presence. Witness FORM XIII (See Rule 43) Whereas an agreement to pay compensation is said to have been reached between ................... and...................... and whereas has/have applied for registration of the agreement under Section 28 of the Code of Social Security, 2020 notice is hereby given that 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. Dated ......................20 ....... Competent Authority FORM XIV (See Rule 44) Register of Agreement for year 20................ +-------+--------------+-------------+------------+------------+--------------------+-------------------------+ | S.No. | Date of | Date of | Employer | Employee | Initial of | Reference to | | | agreement | registration| | | Competent | orders | | | | | | | Authority | rectifying the | | | | | | | | register | +-------+--------------+-------------+------------+------------+--------------------+-------------------------+ | | | | | | | | +-------+--------------+-------------+------------+------------+--------------------+-------------------------+ Form XV [Rule 60(1)] REGISTER FOR WOMEN EMPLOYEES Name of establishment 1. Serial Number. 2. Name of woman and her father’s (or, if married, husband’s) name. 3. Date of appointment. 4. Nature of work. 5. Dates with month and year in which she is employed, laid off and not employed. +-------+--------------------+--------------------+--------------------+--------+ | Month | No. of days employed | No. of days laid | No. of days not | Remark | | | | off | employed | | +=======+====================+====================+====================+========+ | a | b | c | d | e | +-------+--------------------+--------------------+--------------------+--------+ | | | | | | +-------+--------------------+--------------------+--------------------+--------+ 6. Date on which the woman gives notice under section 62. 7. Date of discharge/dismissal, if any. 8. Date of production of proof of pregnancy under section 62. 9. Date of birth of child. 10. Date of production of proof of delivery/miscarriage/Medical Termination of pregnancy/tubectomy operation/death/adoption of child. 11. Date of production of proof of illness referred to in section 65. 12. Date with amount of maternity benefit paid in advance of expected delivery. 13. Date with the amount of subsequent payment of maternity benefit. 14. Date with the amount of bonus, if paid, under section 64. 15. Date with the amount of wage paid on account of leave under section 65 (1) & 65 (3) 16. Date with the amount of wages paid on account of leave under section 65 (2) and period of leave granted. 17. Name of the person nominated by the woman under section 62. 18. 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. 19. If the woman dies and the child survives, the name of the person to whom the amount of maternity benefit was paid on behalf of the child and the period for which it was paid. 170 20. Signature of the employer of the establishment authenticating the entries in the register of women employees. 21. Remarks column for the use of the Inspector-cum-Facilitator Form XVI [Rule 60 (4)] 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 ……………………. State ……………………pin code….......……………… (b) Name of the employer.......................................................................................................................................... Address of the employer: House No./Flat No. ………………………. Street No./Plot No. ………………………………....... Town …………………. District ……………………. State ……………………….pin code……….. E-mail ID ………………………Telephone Number…………………..Mobile number..........…… (c) Name of the manager or person responsible for supervision and control of establishment ……………………………………………………………………………………………………… Address: House No./Flat No …………………………. Street No./Plot No ………………………………............... Town …………………. District ……………………. State …………………. Pin code …........……. E-mail ID ………………………Telephone Number………………..Mobile number….................. B. Employer’s Registration/License number under the Codes mentioned in column (2) of the table below: +--------+-----------------------------------------------------+--------------+----------------------+ | S. No. | Name | Registration | If yes (Registration No.)| +========+=====================================================+==============+======================+ | 1 | 2 | 3 | 4 | +--------+-----------------------------------------------------+--------------+----------------------+ | 01. | The Code on Occupational Safety Health and | | | | | working 2020 | | | +--------+-----------------------------------------------------+--------------+----------------------+ | 02 | The Code on Social Security 2020. | | | +--------+-----------------------------------------------------+--------------+----------------------+ | 03 | Any other Law for the time being in force. | | | +--------+-----------------------------------------------------+--------------+----------------------+ C. Details of Employer, Contractor and Contract Labour: 01. Name of the employer in the case of a contractor’s establishment. 02. Date of commencement of the establishment. 03. Number of Contractors engaged in the establishment during the year. 04. Total Number of days during the year on which Contract Labour was emp 05. Total number of man-days worked by Contract Labour during the year. 06. Name of the Manager or Agent (in case of mines). 07. Address House No./Flat No. ……………… Street/Plot No. …………….Town……………. District………………… State……………………. Pin Code………………….. E-mail ID………………………Telephone Number………….......... Moblie Number……… D. Working hours and weekly rest day: +-----+----------------------------------------+ | 01. | Number of days worked during the year. | +-----+----------------------------------------+ | 02. | Number of man-days worked during the year. | +-----+----------------------------------------+ | 03. | Daily hours of work. | +-----+----------------------------------------+ | 04. | Weekly day of rest. | +-----+----------------------------------------+ E. Maximum number of persons employed in any day during the year: +-------+-------+----------+-------------------------------------+-----------------------------------+-------+ | Sl. | Males | Females | Adolescents (between the age of | Children (below 14 years | Total | | No. | | | 14 to 18 years) | of age) | | +=======+=======+==========+=====================================+===================================+=======+ | | | | | | | +-------+-------+----------+-------------------------------------+-----------------------------------+-------+ F. Wage rates (Category Wise): +----------+-------------+-----------------------------------------------------------------------------------------------------------------------------------------------+ | Category | Rates of | No. of workers | | | Wages | | | | | Regular | Contract | | | |----------------------+----------------------+---------------------+---------------------+----------------------+----------------------+---------------------+---------------------+ | | | Male | Female | Children | Adolescent | Male | Female | Children | Adolescent | +==========+=============+======================+======================+=====================+=====================+======================+======================+=====================+=====================+ | Highly | | | | | | | | | | | Skilled | | | | | | | | | | | Skilled | | | | | | | | | | | Semiskilled| | | | | | | | | | | Unskilled| | | | | | | | | | +----------+-------------+----------------------+----------------------+---------------------+---------------------+----------------------+----------------------+---------------------+---------------------+ G. (a) Details of Payments: +-----------------+-----------------------------------------------------------------------------------+-----------------+ | Gross wages paid| Deductions | Net wages paid | | | | | | In cash | In kind | Fines | Deductions | Others | In cash | In kind | | | | | for damage | | | | | | | | or loss | | | | +=========+=========+=======+===========================+=================+=========+=========+ | | | | | | | | +---------+---------+-------+---------------------------+-----------------+---------+---------+ (b) Number of workers who were granted leave with wages during the year: +-------+-------------------+------------------+-----------------------+ | Sl. No.| During the year | Number of workers| Granted leave with wages| +=======+===================+==================+=======================+ | | | | | +-------+-------------------+------------------+-----------------------+ H. Details of various welfare amenities provided under the statutory schemes: +-------+---------------------------------------+-------------------------------------+ | Sl. No.| Nature of various welfare amenities provided| Statutory (specify the statute) | +=======+=======================================+=====================================+ | | | | +-------+---------------------------------------+-------------------------------------+ I. Maternity Benefit under the Code on Social Security, 2020: (a) Details of establishment, medical and Para-medical staff: +-----+---------------------------------------+ | 01 | Date of opening of establishment | +-----+---------------------------------------+ | 02 | Date of closing, if close | +-----+---------------------------------------+ | 03 | Name of Medical Officer | +-----+---------------------------------------+ +--------+-----------------------------------------------------+ | 03(i) | Qualification of Medical Officer | +--------+-----------------------------------------------------+ | 03(ii) | Is Medical Officer at (the mines or circus) ? | +--------+-----------------------------------------------------+ | 03(iii)| If a part time, how often does he/she pay visit to establishment ?| +--------+-----------------------------------------------------+ | 03(iv) | Is there any Hospital? | +--------+-----------------------------------------------------+ | 03(v) | If so, how many beds are provided? | +--------+-----------------------------------------------------+ | 03(vi) | Is there a lady Doctor? | +--------+-----------------------------------------------------+ | 03(vii)| If so, what is her qualification? | +--------+-----------------------------------------------------+ | 03(viii)| Is there a qualified mid-wife? | +--------+-----------------------------------------------------+ | 03(ix) | Has any crèche been provided? | +--------+-----------------------------------------------------+ (b) Leave Granted under the Code on Social Security, 2020 +-----+---------------------------------------------------+ | 01 | Total number of female employees in the establishment | +-----+---------------------------------------------------+ | 02 | Total number days of leave granted | +-----+---------------------------------------------------+ | 03 | Number of employees granted maternity leave/benefited by ESI| +-----+---------------------------------------------------+ Declaration It is to certify that the above information is true and correct and also I certify that I have complied with the all provisions of Labour Laws applicable to my establishment. Place Date Sign. Here FORM-XVII [Rule 62] 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 of 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 thereunder as per the details given below: - PART – I +----+-------------------------------------------------------------------------------------------------+ | 1. | Name of the Person: | +----+-------------------------------------------------------------------------------------------------+ | 2. | Name and Address of the Establishment: | +----+-------------------------------------------------------------------------------------------------+ | 3. | Registration No. of the Establishment: | +----+-------------------------------------------------------------------------------------------------+ | 4. | Particulars of the offence: | +----+-------------------------------------------------------------------------------------------------+ | 5. | Provisions of the Code/Scheme/Rules/Regulations under | | | which the offence is committed: | +----+-------------------------------------------------------------------------------------------------+ | 6. | Compounding amount required to be paid towards | | | composition of the offence: | +----+-------------------------------------------------------------------------------------------------+ | 7. | Name and Details of Account for depositing the Amount | | | specified in Column 6: | +----+-------------------------------------------------------------------------------------------------+ PART – II In view of the above, you have an option to pay the above-mentioned amount within fifteen days from the date of issue of this notice and return the application duty 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. Date: (Signature of the Compounding Officer) Place: PART – III [Refer Rule 62 (2)] APPLICATION UNDER SUB-SECTION (4) OF SECTION 138 FOR COMPOUNDING OF OFFENCE Ref: Notice No. ...................... Date: The undersigned has deposited the entire amount as specified in Column 6 of Part-I and the details of payment are given below with a request to compound the offences mentioned in Part-I. 1. Details of the compounding amount deposited (Copy of electronically generated receipt to be attached): 2. Details of the prosecution, if filed for the violation of above-mentioned offences may be given: 3. Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence: 4. Any other information which the applicant desires to provide: Dated: Signature of the applicant Place: (Name and Designation) PART – IV COMPOSITION CERTIFICATE [Refer Rule 62(3)] 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. Date: (Signature) Place: Name and Designation of the Officer FORM-XVIII [See Rule 64(3)(b)] Form for Reporting Vacancies to Career Centres (Separate forms to be used for each type of posts) +----+------------------------------------------+-------------------------------------------------+ | 1. | Particulars of the employer: | | | | Name: | | | | Address with pin code: | | | | Telephone No. : | | | | Mobile No.: | | | | Email address : | | | | Name & Type of Establishment | | | | (Central Government, State Government, PSU,| | | | Autonomous, Private, etc) | | | | Registration No of establishment | | | | Under Code: Economic activity details: | | +----+------------------------------------------+-------------------------------------------------+ | 2. | Particulars of the indenting Officer: | | | | Name: | | | | Designation: | | | | Telephone No. : | | | | Mobile No.: | | | | Email address : | | +----+------------------------------------------+-------------------------------------------------+ | 3. | Particulars of vacancy (ies): | | | | (a) Designation/nomenclature of | | | | the vacancy (ies) to be filled | | | | (b) Description of duties of | | | | Thepost (job role/functional | | | | role) | | | | (c) Qualifications/Skills required | Essential | Desirable/Preferable | | | (educational, technical, | | | | | experience) | | | | | (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 | Number of posts | | | | (i) 3-6 months | | | | | (ii) 6-12 months | | | | | (iii) 12 months and more | | | +----+------------------------------------------+-----------------+-------------------------------+ | 4. | Whether there is any obligation for arrangement for giving reservation/ preference to any category of | | | persons such as Scheduled Caste(SC), Scheduled Tribe(ST), Economically Weaker Sections(EWS), | | | Other Backward Classes(OBC), Ex-serviceman and persons with disabilities (pwd), etc, in filling up the | | | vacancies: Yes/No | | | ( if yes, give the number of vacancies to be filled by such categories of persons as detailed below) | +----+------------------------------------------+-------------------------------------------------+ | 5. | Category | Number of vacancies to be filled | +----+------------------------------------------+-------------------------------------------------+ +-------------------------------------+-----------------------------------+ | (a) Scheduled Caste | Total *By Priority candidates | | (b) Scheduled Tribe | *(Applicable for | | (c) OBC | Central Government | | (d) EWS | vacancies) | | (e) Ex-Serviceman | | | (f) Persons with disabilities (pwd) | | | (g) women | | | (h) Others(specify) | | +-------------------------------------+-----------------------------------+ 6. Pay and Allowances: For Government vacancies: Mention pay level/pay scale of the post with basic pay/pay per month with other details if any For others: Mention minimum total emoluments per month with other details, if any. 7. Place of work (Name of the town/village and district, pin code ,etc. in which it is situated) 8. Mode of Application (email, online, in writing, etc) and Last date for receipt of applications. 9. Particulars of officer to whom the applications be sent/candidates should approach (Mention Name, designation, email id, address, telephone No., website address in case of (online) 10. Mode of Recruitment {Through Career Centre, Placement Agency ,self- management, any other mode(specify) } 11. Would like to prefer submission of list of eligible candidates registered with Career Centre Yes/No 12. Any other relevant information 13. Name, address, email id of the Career Centre 14. Date of receipt of Vacancies 15. NIC Code of the establishment/ 16. NCO Code of the post 17. Unique Vacancy ID(number) Signature, Name& Designation of Authorised Signatory 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. 2. An employer, if advertises that vacancy in any media or makes recruitment through any agency or any other mode, may invariably quote that unique vacancy reporting number in that advertisement or recruitment process. 3. Any change in the particulars already furnished to the Career Centre, shall be reported in writing or through valid official email or digitally(including through a portal) as the case may be, to the appropriate Career Centre. FORM-XIX [Rule 64(4)(3)] FORM FOR REPORTING OF RESULT TO REGIONAL CAREER CENTRE Establishment / Company Name : - Address : - Phone no. : - Email ID : - Unique Vacancy Reporting No. : - Name of the Post : - Date of Submission of Vacancy : - Concerned Career Centre Name : - Part -1 : Number of Candidates Participated and selected +--------------------+--------------------+--------------------+--------------------+--------+ | Number of | Number of | Number of candidates | No. of finally | Remark | | candidates | candidates invited | participated in | selected candidates| | | Sponsored by career| for interview/test | interview / test invited| | | | centre | | for interview/ test| | | +====================+====================+====================+====================+========+ | From | From | From | From other | | | | Career| other | Career| source | | | | Centre| source | Centre| | | | +-------+------------+-------+------------+--------------------+--------------------+--------+ | | | | | | | | +-------+------------+-------+------------+--------------------+--------------------+--------+ Part -2 : Number of Candidates Participated and selected +-----+------------------+---------------------+-------------+---------------+--------+ | Sl. | CandidateName | Registration no. | Mobile no. | Date of Joining | Remark | | No. | | of the career | | | | | | | centre | | | | +=====+==================+=====================+=============+=================+========+ | | | | | | | +-----+------------------+---------------------+-------------+---------------+--------+ Signature of the Employer (with Seal) : - Designation : - Place : - Date: - FORM-XX [Rule 64(6)] EMPLOYMENT INFORMATION RETURN (EIR) Yearly Return to be submitted to the Career Centre (Regional) for the Year ended………………………. The following information is required to be submitted under the Code on Social Security (Chapter XIII – Employment Information & Monitoring) 2020 +------------------------------------------+--------------------+ | Name & Address of the Employer | | +------------------------------------------+--------------------+ | Whether – head Office | | +------------------------------------------+--------------------+ | Branch Office | | +------------------------------------------+--------------------+ | Type of Establishment (Public/Private Sector)| | +------------------------------------------+--------------------+ | Nature of business/Principal Activity | | +------------------------------------------+--------------------+ | Establishment Registration No. under the Code| | +------------------------------------------+--------------------+ 1. (a) EMPLOYMENT Total number of manpower of establishment including working proprietors/partners/contingent paid and contractual workers or out-sourced workers excluding part – time workers and apprentices. (The figures should include every person whose wage, salary or remuneration is paid). +---------------------------------+---------------------------------------------+----------------------------------------------+ | Category | On the last working day of the previous | On the last working day of the Half Year | | | half Year | under port | +=================================+=============================================+==============================================+ | MEN | | | +---------------------------------+---------------------------------------------+----------------------------------------------+ | WOMEN | | | +---------------------------------+---------------------------------------------+----------------------------------------------+ | Others | | | | (Transgender) | | | +---------------------------------+---------------------------------------------+----------------------------------------------+ | Total: | | | +---------------------------------+---------------------------------------------+----------------------------------------------+ | PWD (Persons With | | | | disabilities) Out of above | | | | total | | | +---------------------------------+---------------------------------------------+----------------------------------------------+ 2. Number of Vacancies* occurred and reported to regional/local Career During the half Year and the number of Vacancy filled during the half year +------------+------------------------------------------+------------------------------------------+ | Occurred | Reported | Filled | | |----------------------+---------------------+------------------------------------------+ | | Career Centre | Career Centre | Source (Career Centre/NCS | | | (Regional) | (Central) | Portal/Govt. Recruiting | | | | | Agencies/Private Placement | | | | | Organizations/others) | +============+======================+=====================+==========================================+ | 1 | 2 | 3 | 4 | +------------+----------------------+---------------------+------------------------------------------+ | | | | | +------------+----------------------+---------------------+------------------------------------------+ *As Per Provisions of Code on Social Security, 2020 (Chapter XIII) and Rules made there under, 3. MANPOWER SHORTAGES: Vacancies /posts remained unfilled because of shortage of suitable applicants. +-------------------------------------+-------------------------------------------------------+ | Name of the occupation or | Number of unfilled Vacancies/ posts | | designation of the post | | +=====================================+----------------------+--------------------------------+ | Skill/ Qualification | Essential | Desirable | | (Educational/Technical/ | | | +-------------------------------------+----------------------+--------------------------------+ Experience) Prescribed +---+---+---+---+ | 1 | 2 | 3 | 4 | +---+---+---+---+ | | | | | +---+---+---+---+ (Please list any other occupation also for which this establishment had any difficulty in obtaining suitable applicants recently.) 4. Estimated Manpower Requirement by Occupational Classification during the next half year (please give below the number of employees in each occupation separately). +--------------+-----------------------------------------------------------------------------------------------------------------------------------+ | Occupation | Number of employees: Please give as far as possible approximate number of vacancies in | | | each occupation you are likely to fill during the next half year due to retirement/expansion | | | or reorganization. | +==============+----------------------+----------------------+---------------------------+-----------------------+--------------------------------+ | Description | Men | Women | Others | Total | PWD (persons with | | | | | (transgender) | | disabilities out of total) | +==============+======================+======================+===========================+=======================+================================+ | 1 | 2 | 3 | 4 | 5 | 6 | +--------------+----------------------+----------------------+---------------------------+-----------------------+--------------------------------+ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | +--------------+----------------------+----------------------+---------------------------+-----------------------+--------------------------------+ Total: *In the column (description) – use exact terms such as Engineer (Mechanical), Assistant Director (Metallurgist); Research Officer (Economist); Supervisor (Tailoring), Inspector (Sanitary), Superintendent (Office), Manager (sales), Manager (Accounts), Executive (Marketing), Data Entry Operator……………….so on. Signature, Name & Designation of Authorized Signatory Of establishment/employer with seal & date To, The Career Centre In charge, ……………………….. Note:- 1. This return is to be rendered to the Career Centre Regional/Local within 30days after the end of the half year concerned by establishments/employers vide their obligation under the Code on Social Security,2020. 2. The main purpose in obtaining the information from employers is to know (i) the vacancies/employment opportunities available; (ii) type of personnel who are in shortsupply; and (iii) future job opportunities for providing vocational guidance to thejobseekers and connecting them with the employers. This is helpful in ascertaining theskill needs also. Employers will also get suitable candidates from the list of the candidatesforwarded by concerned career centre. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.