The Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982

(1) This Act may be called the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982. (2) It extends to the-Whole of the State of Madhya Pradesh. (3) It shall come into force on such date or dates as the State Government may, by notification, appoint and different dates maybe appoined for different areas and for diferent establishments or classes of establishments.

In this Act, unless the context otherwise requires,— (1) "Board" means the Madhya Pradesh Labour Welfare Board constituted under section 4; (2) "employer" means any person who employs either directly or through another person, or whether on behalf of himself or any other person, one or more employees in an establishment and includes the person in charge of an establishment; (3) "employee" means any person (other than an apprentice) employed in any establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person who is employed mainly in a managerial or administrative capacity; (a) who being employed in a supervisory capacity, draws wages exceeding Rs. 1600 per mensem; or (b) who is employed as a member of the crew of a ship or any other vessel; (4) "establishment" means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (No. 63 of 1948); (ii) a motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961; (iii) a society registered or deemed to be registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 (No. 44 of 1973) or a Co-operative Society registered or deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961), which carries on business or trade; (iv) any other establishment as the State Government may, by notification, declare to be an establishment for the purposes of this Act; (5) "Fund" means the Labour Welfare Fund constituted under section 3; (6) "Inspector" means an Inspector appointed under section 17; (7) "prescribed" means prescribed by rules made under this Act; (8) "unpaid accumulation" means all payments due to the employees but not paid to them within a period of three years from the date on which they became due whether before or after the commencement of this Act, including the bonus or gratuity or compensation, if any, but does not include the amount of contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952); (9) "wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, but does not include— (a) any bonus; (b) any contribution paid by the employer to any pension or provident fund or for the benefit of the employee under any law for the time being in force; (10) "Welfare Commissioner" means the Welfare Commissioner appointed under section 16. In this Act, unless the context otherwise requires,— (1) "Board" meanstheMadhyaPradeshLabourWelfare Board Constituted under Section 4 ; (2) "Contribution" means the sum of money payable to the Board in accordance wih the provisions of Section 9 ; (3) "Employee" means anypersonwhois employed for hire on reward to do any skilled, semi-skilled or un-skilled, manual, clerical, supervisory , or technical work in an establishment but does not include any person— (a) who is employed mainly in a managerial or administrative capacity; or (b) who, being employed in a supervisory capacity draws wages exceeding one thousand and six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office, or by reason of the powers vested in him, functions mainly of a managerial nature ; (4) "Employer" means any person who employs either directly or through another person either on behalf of himself or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes— (i) in relation to a factory any person named under clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948 (No. 63 of 1948) ; (ii) in relation to any establishment carried on by or under the authority of the State Government the person or authority appointed by the State Government for supervision and control of employees, or where no person or authority has been so appointed,. the Head of the Department; (iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person ; (5) "Establishment" means,— (a) a factory; or (b) any establishment which carries on any business or trade or any work in connection with or ancillary thereto ; which employs or has employed on any working day during the preceding twelve months more than such number of persons as may specified by the State Government by notification, but does not include— (a) an establishment (not being a factory) of the State Government; and (b) an extablishment owned by, or cerried on under the authority of the Central Government for which the Central Governmentisthe.appiropriateGovern9ent under clause (a.)k of Section 2-of the Industrial DisPutes Act, 1947 (XIV of 1947), for purposes of industrial disputes; (6) "Factory" means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (No. LXIII of 1948); (5) “Establishment” means,— a factory; or any establishment which carries on any business or trade or any work in connection with or ancillary thereto; Which employs or has employed on any working day during the preceding twelve months more than such number of persons as may specified by the State Government by notification, but does not include (a) an establishment (not being a factory) of the State Government; and (b) an extablishment owned by, or cerried on under the authority of the Central Government for which the Central Government is the appropriate Government under clause (a) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), for purposes of industrial disputes; (6) “Factory” means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (No. LXIII of 1948); “Fund” means the Madhya Pradesh Labour Welfare Fund constituted under Section 3; “Independent member” means,— (i) a member of the Board not connected with the management of any establishment or who is not an employee, and (ii) an officer of the State Government nominated as member; “Industrial Court” means the Court constituted under Section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960); “Inspector” means an Inspector appointed under Section 16; “Unpaid accumulations” means all payments due to an employee from an employer but not made to him within a period of three years from the date on which they became due whether before or after the commencement of this Act, including the wages, house rent allowance and gratuity legally payable but not including the amount of contribution, if any payable by an employer to a provident fund established under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (No. 19 of 1952); “Wages” means wages as defined in clause (vi) of Section 2 of the Payment of Wages Act, 1936 (No. 4 of 1936); “Walfare Commissioner” means the Welfare Commissioner appointed under Section 15. In these rules, unless the context otherwise requires,— (a) "Act" means the Madhya Pradesh Shram Kalyan Nidhi, Adhiniyam, 1982 (No. 36 of 1983) : (b) "Form" means a form appended to these rules; (c) "Section" means a Section of the Act.

(1) The State Government shall constitute a Fund called the Labour Welfare Fund and notwithstanding anything contained in any other law for the time being in force, there shall be credited thereto— (a) all unpaid accumulations; (b) all fines realised from the employees; (c) all deductions made from the wages of employees for breach of contract or for any other purpose; (d) any voluntary donations; (e) any fund transferred to the Board under sub-section (1) of section 16; (f) any sum borrowed under section 14; (g) any unclaimed amount deposited by the employers with the Welfare Commissioner; (2) The sums specified in sub-section (1) shall be collected by such agencies and in such manner and notified by the State Government. (3) The accounts of the Fund shall be maintained and audited in such manner as may be prescribed. (4) The Fund shall vest in and be held and applied by the Board as trustees subject to the provisions and for the purposes of this Act. (5) The monies in the Fund may be deposited in any scheduled bank or in such other manner as may be prescribed. (1) The State Government shall constitute a fund which shall be called the Madhya Pradesh Labour Welfare Fund. (2) The Fund shall consist of,— all fines realised from the employees; all unpaid accumulations transferred to the Fund under Section 8; any contribution paid under Section 9; any penal interest paid under Section 10; any voluntary donations; any amount transferred to the Fund under sub-section (3); any sum paid to the Fund as grant-in-aid or subsidy by the State Government; any sum borrowed under section 12; any loan advanced by the State Government. (3) If any fund is created or any sum is set apart by the employer of an establishment for the welfare of the employees, it may at the request of the employer and after approval of the State Government be transferred to the fund. (4) Notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid to the Board at such interval as may be prescribed, which shall keep a separate account thereof until claims thereto have been decided in the manner provided in section 8, and the other sums specified in sub-section (2) of this section shall be paid into the Fund. (5) The sums specified in sub-section (2) shall be paid to, or collected by, such agencies at such intervals and in such manner as may be prescribed. (1) Within thirty days from the date on which the Act comes into force in any area in respect of the establishments specified therein, every employer of such establishments in such area shall pay to the Board by cheque, bank draft, money order or cash. (i) all fines realised from the employer before the said date and remaining unutilised on that date: and (ii) all unpaid accumulations held by the employer on the aforesaid date. (2) Subsequent to the first payment made in accordance with sub-rule (1) every employer shall pay to the Board, all fines realised from the employees and all unpaid accumulations during the quarter ending 31st March, 30th June, 30th September and 31st December within fifteen days from the close of each quarter. (3) The payment under sub-rules (1) and (2) shall, in each case, be accompanied by a statement giving full particulars of the amounts paid. (4) all other amounts mentioned in sub-section (2) of Section 3 of the Act shall also be paid to the Board. (5) Every employer shall submit the Board a statement of employer's contribution and employees' contribution in respect of employees whose names stand on the register of the establishment on 30th June and 31st December respectively in form alongwith the payment of contribution under sub-section (3) of section 9.

(1) The State Government shall by notification, constitute the Madhya Pradesh Labour Welfare Board for the whole State for the purpose of administering the Fund and to perform such other functions as may be assigned to the board by or under this Act. (2) The Board shall be a body corporate by the name specified in sub-section (1) having perpetual succession and a common seal, with power to acquire subject to the provisions of this Act property both movable and immovable, and may, by the said name, sue or be sued. (3) The Board shall consist of the following members, namely :- (a) Chairman to be nominated by the State Government; (b) such number, as may be prescribed, of representatives of employers and employees to be nominated by the State Government: Provided that the employers and employees shall have equal representation on the Board.; (c) such number of independent members as may be prescribed to be nominated by the State Government; and (d) Secretary of the Board. (4) Save as otherwise expressly provided in this Act, the term of office of the Chairman and the members nominated under clauses (b) and (c) of sub-section (3) shall be three years from the date of their nomination. (5) The members of the Board shall be entitled to such allowances, if any, as may be prescribed. (1) The Welfare Commissioner may, after making such enquiries as it may deem fit, and after calling for a report from the Inspector, if necessary, serve a notice on any employer to pay any portion of fines realised from the employees or unpaid accumulations held by him which the employers has not paid in accordance with rule 3 or the contributions payable by him under Section 9 within the period specified therein, which shall not be less than 30 days from the date of service of such notice. (2) The notice under sub-rule(1) shall be served on the employer either by personal service or by registered post acknowledgement due: Provided that in case any employer refuses to receive such notice or it is returned by the postal authorities with the remarks that the employer refused to accept it or it cannot be served it shall be deemed to have been served if a copy thereof is posted on any suitable place at or near the main entrance of the Establishment.

(1) A person shall be disqualified from being appointed as or for being a member of the Board— (a) if he has been convicted by a criminal court of any offence involving moral turpitude; (b) if he is an undischarged insolvent; (c) if he is of unsound mind; (d) if he has any interest in any contract or work being done by the Board. (2) The State Government may remove any member of the Board who— (a) incurs any of the disqualifications mentioned in sub-section (1); (b) absents himself from three consecutive meetings of the Board without the permission of the Board; (c) in the opinion of the State Government, has acted in a manner prejudicial to the interests of the Fund. (1) The State Government shall constitute a Fund to be called the Madhya Pradesh Shram Kalyan Nidhi and there shall be credited thereto— (a) all unpaid accumulations paid to the Board under section 4; (b) all fines realised from the employees; (c) any voluntary donations; (d) any fund transferred to the Fund under sub-section (2) of section 7; (e) any money raised by the Board under section 14; (f) any sum transferred to the Fund under section 15; (g) any grant or aid given by the State Government or Central Government. (2) The sums specified in sub-section (1) shall be paid to, or collected by, such agencies, at such intervals and in such manner and shall be held and maintained in such manner as may be prescribed. (3) The accounts of the Fund shall be maintained in such manner as may be prescribed. (1) No person shall be nominated as, or continue to be a Chairman or a member of the Board who— (a) is a salaried official of the Board; or (b) is adjudged an insolvent; or (c) is found to be a lunatic or becomes of unsound mind and stands so declared by a competent court; or (d) is or has been convicted of any offence involving moral turpitude: Provided that the disqualification under clause (a) shall not apply to Secretary of the Board. (2) The State Government may remove from office any Member of the Board constituted under Section 4 who— (a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or (b) is absent without leave of the Board from more than three consecutive meetings of the Board; or (c) is in the opinion of the State Government acting in a manner prejudicial to the interest of the board. The number of members to be nominated on the Board under clauses (b) and (c) of sub-section (3) of Section 4 shall be as under:- Representatives of the employer-6 Representatives of the employees-6 Independent members of whom at least one shall be women-7

(1) The State Government may appoint a Welfare Commissioner who shall be the Chief Executive Officer of the Board. (2) The Board may, with the prior approval of the State Government, appoint such other staff as may be considered necessary for the purposes of this Act. (3) The salary, allowances and conditions of service of the Welfare Commissioner and other staff shall be such as may be prescribed. (1) With effect from such date as the State Government may by notification appoint, there shall be established a Board for the administration of the Fund which shall be a body corporate by the name of the Madhya Pradesh Shram Kalyan Mandal having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and shall by the said name sue and be sued. (2) The Board shall consist of such number of representatives of employers, employees (as may be nominated in equal proportion) and such number of independent members and officials of the State Government as may be prescribed. (1) A member may resign his office by giving notice thereof in writing, to the State Government and on such resignation being accepted shall be deemed to have vacated his office from the date of such acceptance by the State Government. (2) A casual vacancy in the office of a member shall be filled up, as soon as conveniently may be, by the State Government, and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor. (3) No act or proceedings of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defects in the constitution of the Board or on the ground that any person had taken part in the proceedings of the Board and had voted in an unauthorised manner. (1) The Chairman, if he is a non-official member he will be entitled to get such allowance and other facilities as may be prescribed time to time by the State Government. (2) the other members of the Board excluding Secretary shall be eligible to an allowance of Rs. 25 for attending each meeting of the Board. (3) The Chairman, and members of the board while travelling on duty shall be entitled to travelling and daily allowances as are admissible to First Grade Officers of State Government.

(1) The Fund shall vest in and be held and applied by the Board as trustees subject to the provisions and for the purposes of this Act. (2) The moneys in the Fund shall be utilised by the Board to defray the cost of carrying out measures which may be specified by the State Government from time to time to promote the welfare of employees and their dependants. (3) Without prejudice to the generality of the provisions of sub-section (2), the moneys in the Fund may be utilised by the Board to defray expenditure on the following, namely:— (a) community and social education centres; (b) vocational training; (c) community necessities; (d) entertainment and other forms of recreation; (e) convalescent homes for tuberculosis patients; (f) holiday homes in health resorts; (g) liquor prohibition; (h) supply of reading material; (i) any other welfare scheme which is approved by the State Government for the benefit of employees and their dependants. For the purpose of advising the Board in the discharge of its functions and also for carrying into effect any of the objects specified in sub-section (2) of Section 11, the Board may constitute one or more committees. The constitution and term of office of any committee shall be such as may be prescribed. (1) the Board shall meet at least once every quarter as often as may be necessary. (2) All members of the Board shall be given fifteen clear days notice of a meeting specifying the date, time and place of the meeting and the business to be transacted thereat : Provided that, a shorter notice may be given if in the opinion of the Chairman, business of an emergent nature has to be transacted. (3) the number of members necessary to constitute a quorum at a meeting of the Board shall be seven of whom at least one each shall be from employers, the employees and the independent members. (3) (a) If a member is unable to attend any meeting of the Board, he may, by a written instrument signed by him addressed to the Chairman of the Board, explaining the reasons for his inability to attend the meeting, appoint any representative of the organisation which he represents on the Board, as his substitute for attending that meeting of the board in this place : Provided that no such appointment shall be valid unless; (i) such appointment has been approved by the Chairman of the Board, and (ii) the instrument making such appointment has been received by the Chairman at least seven days before the date fixed for the meeting. (b) A substitute validly appointed shall have all the rights and powers of a member, in relation to the meeting of the Board in respect of which he is appointed. (4) Every meeting of the board shall be presided over by the Chairman or if the chairman is, for any reason, unable to attend it, by such one of the members present, as may be chosen by the meeting, to be the Chairman for the occasion. (5) If there is no quorum present as laid down in sub-rule (3) the chairman shall, after waiting for thirty minutes from the time fixed for the meeting, adjourn the meeting to such hour on some other day as he may fix. A Notice of such adjourned meeting shall be sent to every member of the Board and the business fixed for the original meeting shall be brought before the adjourned meeting and may be disposed off at such meeting whether there is quorum or not. (6) All questions placed before the Meeting of the Board shall be decided by a majority of the members present and voting, at the meeting the chairman have a second or casting vote in case of equality of votes. (7) the Secretary, and in his absence any other officer of the board authorised by the Chairman, shall record the minutes of the proceedings of the meeting of the Board and shall include therein the names of the members present. A copy of such minutes shall be submitted to the State Government as soon as they are confirmed by the Board.

(1) The Board may from time to time with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be specified in this behalf, borrow any sum required for the purposes of this Act. (2) The rules made in this behalf shall regulate the borrowing and repayment of such sums. (1) All unpaid accumulations shall be deemed to be abandoned property. (2) Any unpaid accumulations paid to the Board in accordance with the provisions of Section 3 shall, on such payment, discharge an employer of the liability to make payment to an employee in respect thereof, but to the extent only of the amount paid to the Board; and the liability to make payment to the employee to the extent aforesaid shall, subject to the succeeding provisions of this section, be deemed to be transferred to the Board. (3) As soon as possible after the payment of any unpaid accumulation is made to the Board, the Board shall by notice (which shall contain such particulars as may be prescribed)— (i) to be displayed on the notice board of the factory or establishment in which the unpaid accumulation was earned; and (ii) to be published in a newspaper in the language commonly understood in the area, and having circulation in the area in which the establishment in which the unpaid accumulation was earned— is situate invite claims to be filed, within a period of one hundred and eighty days from the date of such display or publication of the notice, by employees for any payment due to them. The notice shall continue to be displayed on the notice Board continuously for a period of one hundred and eighty days from the date it is so displayed. (4) If any question arises whether the notice referred to in sub-section (3) was given as required by that sub-section, a certificate of the Board that it was so given, shall be conclusive. (5) If a claim is received in answer to the notice under sub-section (3), the Board shall transfer such claim to the authority appointed under Section 15 of the Payment of Wages Act, 1936 (No. 4 of 1936) having jurisdiction in the area in which the factory or establishment is situated, and the authority shall proceed to adjudicate upon, and decide, such claim within a period of ninety days from the date on which the claim is transferred to it by the Board. In hearing such claim the Authority shall have the power conferred by and follow the procedure (in so far as it is applicable) laid down for giving effect to the provisions of that Act. (6) If the Authority aforesaid is satisfied that any such claim is valid and the right to receive payment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease to be deemed to be abandoned property and shall order the Board to pay the whole of the dues claimed, or such part thereof as the Authority decides as properly due, to the employees; and the Board shall make payment accordingly: Provided that, the Board shall not be liable to pay any sum in excess of that paid under sub-section (4) of Section 3 to the Board as Unpaid accumulations, in respect of the claim. (1) a Committee which may be constituted under Section 7 shall consist of members not exceeding 7, out of which at least 3 shall be members of the Board. (2) The term of members of a committee appointed for a specific job shall be the period taken for completing the said job, provided that in no case which term shall exceed the term of nominated members under sub-section of Section 4 of the act. (3) the term of members of other committees shall be coterminus with the term of the nominated members under sub-section (4) of Section 4.

(1) The State Government shall constitute a Fund called the Madhya Pradesh Shram Kalyan Nidhi and notwithstanding anything contained in any other law for the time being in force or in any contract or instrument, all unpaid accumulations shall be paid, at such intervals as may be prescribed, to the Board, and be credited to the Fund and the Board may invest the moneys of the Fund in such securities and in such manner as may be prescribed. (2) The unpaid accumulations mentioned in sub-section (1) shall be collected by such agency and in such manner as may be prescribed. (3) The notice for payment of the unpaid accumulations as provided in sub-section (2) shall be published in the Gazette and in such other manner as may be prescribed for the information of employees and employers, and a copy of the said notice shall be affixed on the notice board of the establishment in which the unpaid accumulations were earned and at any conspicuous place in the concerned locality. (1) If the State Government is satisfied that the Board has made default in the performance of any of the duties imposed on it by or under this Act or has exceeded or abused its powers, the State Government may, by notification, dissolve the Board. (2) Upon the publication of such notification, all the members of the Board shall as from the date of such publication vacate their offices as such members. (3) All the powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the State Government may appoint in this behalf. (1) The contribution payable under this act in respect of an employee in an establishment shall consist of the contribution payable by the employer (hereinafter referred to as the 'employer's contribution) or payable by an employees (hereinafter referred to as the 'employees contribution') and the contribution payable by the State Government and shall be paid to the Board and form part of the Fund. (2) If the name of the employee stands on the register of the establishment on the 30th June and 31st December respectively, the amount of contribution payable every six months by every employee shall be (One Rupee) and by an employer for each such employee shall be (Three Rupees) payable every six months. Provided that the contribution payable every six months shall not be less than one hundred fifty Rupees. (3) Any employer shall pay to the Board both the employer's contribution and the employee's contribution every year before the 15th day of July and 15th day of January. (4) Notwithstanding anything contained in any other law for the time being in force, subject to the provisions of this Act and the rules made thereunder, the employer shall be entitled to recover from the employee the employees contribution by deduction from the wages or otherwise and such deduction shall be deemed to be a deduction authorized by or under the Payment of Wages Act, 1936 (No. 4 of 1936). Provided that no such deduction shall be made in excess of the amount of the contribution payable by such employee, as the case may be, for the month of June and December. Provided further that if through inadvertence or for unavoidable circumstance to be recorded in writing no deduction has been made from the wages of an employee for the months aforesaid, such deduction may be made from the wages of such employees in any subsequent month or months after intimation in writing to the Inspector. (5) Notwithstanding any contract to the contrary, no employer shall deduct the employer's contribution from wages payable to an employee or otherwise recover it from the employee. (6) Any sum duly deducted by an employer from the wages of an employee under this section shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (7) An employer shall pay the employer's and the employee's contributions to the Board by Cheque, Bank Draft, Money Order or in cash and shall himself bear the expenses of remitting such contributions to the Board. (8) The Welfare Commissioner shall submit to the State Government as soon as possible after the end of July and January every year in the prescribed from a statement showing the total amount of the employer's contribution in respect of his establishment. On receipt of the statement from the Welfare Commissioner, the State Government shall pay to the Board a contribution of an amount equal to the employer's contribution in respect of that establishment. (9) Notwithstanding anything contained in the above sub-sections, the State Government may revise the rate of contribution payable by the employee and the employer by notification subject to the condition of previous publication. the notice referred to in sub-section (3) of Section 8 shall contain the following particulars, namely:- (a) name and address of the establishment in which the unpaid accumulation was earned ; (b) wage period during which the unpaid accumulation was earned ; (c) amount of the unpaid accumulation; (d) list of employees and the amount of unpaid accumulation in respect of each of them paid to the Board. the notice referred to in sub-secti4n (3) of Section 8 shall contain the followAng particculars, namely:-(a) name and address of the establishment in which the unpaid accumulation was earned ;(b) wage period during which the unpaid accumulation was earned ;(c) amount of theunpaid accumulation;(d) list of employees and the amount of unpaid accumulation in respect of each of them paid to the Board.

(1) Any unpaid accumulation deposited in the Fund shall, on publication of a notice in the Gazette under this Act, vest in the Board as if the unpaid accumulations were abandoned property and upon such vesting of any such unpaid accumulation, all liability of the employer to pay the said unpaid accumulation to the employee shall be deemed to have been discharged. (2) Any creditor or any employee may, within the prescribed period, make a claim for any compensation or other benefit out of the unpaid accumulations, and the Board shall decide such claim in such manner as may be prescribed. (3) If the Board is satisfied that any such claim is valid, the Board shall pay it to the claimant. (1) The State Government may appoint a Welfare Commissioner who shall be the Chief Executive Officer of the Board. (2) The State Government may also appoint such other officers and employees as may be considered necessary for the efficient performance of the functions of the Board. (1) If an employer does not pay to the Board any amount of unpaid accumulations or lines realised from the employees, or the amount of the employer's and employee's contribution under Section 9 within the time he is required by or under the provisions of this Act to pay it, the Welfare Commissioner may cause to be served a notice on the employer to pay the amount within the period specified therein, which shall not be less than thirty days from the date of service of such notice. (2) If the employer fails without sufficient cause, to pay such amount within the period specified in the notice he shall, in addition to that amount, pay to the Board simple interest— for the first three months at (One and a half per cent) of the said amount for each complete month after the last date by which he should have paid it according to the notice; and at (Two per cent) of that amount for each complete month thereafter during the time he continues to make default in the payment of that amount. the statement to be submitted to the State Government by the Welfare Commissioner under sub-section (8) of Section 9 shall be in Form 'B'. the statement to be submitted to the State Government by the Welfare Commissioner under sub-section (8) of Section 9 shall be in Form '8'.

(1) Where any employer fails to pay any unpaid accumulation or any fine realised from an employee to the Board as required under the Act, the Board may, after giving the employer a reasonable opportunity of being heard, by order determine the amount of such unpaid accumulation or fine and direct the employer to pay the amount along with interest thereon at such rate as may be prescribed from the date of such failure. (2) Any amount determined and directed to be paid under sub-section (1) shall be recoverable as an arrear of land revenue. The Board may, with the approval of the State Government, delegate to the Welfare Commissioner or any other officer of the Board, such of its powers and functions under this Act, as it may consider necessary for the efficient administration of the Fund. (1) The fund shall vest in and be held and applied by the Board as a Trustee subject to the provisions and for the purposes, of this Act. The moneys therein shall be utilised by the Board to defray the cost of carrying out activities which may be specified by the State Government from time to time to promote the Welfare of labour and of their dependents. (2) Without prejudice to the generality of sub-section (1) the moneys in the fund may be utilised by the Board to defray expenditure on the following: (a) community and social education centres including reading rooms and libraries; (b) community necessities; (c) educational facilities for children, women, and adults; (d) games and sports; (e) excursions, tours and holiday homes; (f) entertainments and other forms of recreation; (g) home industries and subsidiary occupations for women and unemployed persons; (h) corporate activities of a social nature; (i) cost of administering the Act including allowances of the members of the Board and the salaries and allowances of the officers and staff appointed for the purposes of the Act; and (j) such other objects as would in the opinion of the Board improve the standard of living and ameliorate the social conditions of labour. Provided that the fund shall not be utilised in financing any activity which the employer is required under any law for the time being in force to carry out. Provided further that unpaid accumulations and fines shall be paid to the Board and be expended by it under this Act, notwithstanding anything contained in the sub-section (1). The Board may, with the approval of the State Government, make a grant out of the fund to any employer or any other body in aid of any activity for the welfare of labour. If any question arises whether any particular expenditure is debitable to the Fund, the matter shall be referred to the State Government and the decision of the State Government shall be final. The Board shall not be liable to continue any activity shifted from the labour welfare fund of any establishment if the said fund is only transferred to the Board under sub-section (3) of Section 3. (1) The accounts of the Fund for each financial year ending 31st March, shall be prepared and maintained in Form 'C'. (2) the Board shall cause to be maintained the following registers:- (a) Fees register separately for different Welfare activities ; (b) Unpaid accumulations account register; (c) Register of quarterly receipts of unpaid accumulations from the establishment and publication of notices; (d) Register of payments towards settlement of claims to unpaid accumulations under Section 8; (e) Register of fines and unpaid accumulations received under rule 3; (1) The accounts of the Fund for each financial year ending 31st March, shall be prepared and maintained in Form 'C' .(2) the- Borad shall cause to be maintained the following registers :(a) Fees register separately fordifferentWelfare activities ;(b) Unpaid accumulations account register;(c) Register of quarterly receipts of unpaid accumulations from the establishment and publication of notices;(d) Register of payments towards sttlement of claims to unpaid accumulations under Section 8;(e) Register of fines and unpaid accumulations received under rule 3;(f) Register of contribution received under Section 9;(g) Register of payment of allowances to members under rule 5;(h) Register of immovable properties of the board;(i) Register of movable properties of the board;(j) Register of penal interest paid under Section 10;(k) Register of voluntary donations to the Board;(l) Register of grant in aid or subsidy paid by the State Government;(m) Register of sums borrowed under Section 112;(n) Register of loans advanced by the State Government;(o) Register of grant in aid under Section 11(3);(p) Separate registers on expenditure in providing Welfare facilities mentioned in sub-section (2) of Section 11;(q) Registers relating to strength of staff, their Attendance, earned leave, casual leave, salary advance, loans and such other registers as the Welfare Commissioner may deem necesary for the proper administration of the Board.

The Board may establish and maintain such number of welfare centres and other facilities as it may deem fit for the welfare of the employees and their families. The State Government may, by notification, amend or modify the rules made under this Act. The Board may from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be specified in this behalf borrow any sum required for the purposes of this Act. The annual stateement of accounts of the board shall be prepared in Form D.

The Board may, with the previous sanction of the State Government, borrow from the Government or from such other financial institutions, such amount as it may consider necessary for carrying out the purposes of this Act. (1) Where the Fund or any portion thereof cannot be applied at an early date for fulfilling the objects of the Act, the Board may invest the same in any of the securities specified in clause (a) to (d) and (f) of section 20 of the Indian Trusts Act, 1882. (2) The Board may place or keep in current account with the State Bank of India or any corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, such part of the Fund as may be prescribed. (3) All moneys forming part of the Fund shall be vested in the Board and shall be applied by it in its own name. Where the Fund or any portion thereof cannot be applied at any time to the purposes of this Act, the Board may invest the same in purchasing the savings certificates or deposit it in Post Office Saving Bank or in any account with Scheduled Bank or in investing in Government securities. The Board may with the approval of the State Government, also invest it in any other mode of investment. (1) The Welfare commissioner shall cause the budget estimates for each financial year to be prepared and laid before the Board on or before the first day of December of the Finnancial year next preceding for its acceptance and thereafter the budget estimates as accepted by the Board shall be forwarded to the State Government on or before 30th December.(2) The State government may amend, modify or alter the stimates submitted for its approval under sub-rule (1) in any respect or manner it may deem fit and shall return the same with its approval with or without amendment, modification or alteration, within thirty days of the receipt of the budget estimates.(3) the budget estimate approved by the State government under sub-rule (2) shall constitute the budget of the board for the financial year and shall, be issued under the seal of the board and signed by the Chairman, the Welfare Commissioner and the Secretary. An authentic copy of the budget shall be forwarded to the State Government before the end of February.

(1) All moneys and receipts forming part of the Fund shall be deposited in the Reserve Bank of India or in such other bank as may be approved by the State Government and such account shall be operated by such officers of the Board as may be authorised by the Board in this behalf. (2) The Board may invest such part of the Fund as is not immediately required for the purposes of this Act in such securities as may be prescribed. (1) Any sum payable to the Board or into the Fund under this Act shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. (2) The welfare Commissioner shall, for this purpose, have the powers of a Collector under the Madhya Pradesh Land Revenue Code, 1959. (1) The Board shall cause to be maintained such accounts, records and registers as may be prescribed. (2) The Board shall, soon after the close of the financial year prepare an annual statement of its accounts in such form and in such manner as may be prescribed. (1) of during the course of the financial year it becomes necessary to incur expenditure over and above the provisions made in the budget, the Board shall immediately submit to the State Government the details of the proposed expenditure and specify the manner in which it is proposed to meet such additional expenditure.(2) On recept of the proposal under usb-rule (1) the State Government may either approve the proposed additional expenditure in full or in part with such modifications as it may deem necessary or without modifications or reject it totally. A copy of the order passed by the State government on the proposal shall be communicated to the board.

(1) The Secretary of the Board shall prepare an Annual Report in respect of the affairs of the Board and the fund for the financial year. The report shall be laid before the Board at the first meeting of the next financial year. The manner and contents of the Annual Report shall be such as may be prescribed by the regulations. A Copy of the report which is to be laid before the Board under sub-section (1), shall be sent to every member of the Board together with the annual statement of accounts and the audit report, if available. A Copy of the report, as approved by the Board, shall be sent to the State Government duly signed by the Secretary.

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

The Board may, by a special resolution, delegate any of the powers exercisable by it under this Act and the rules made thereunder subject to such conditions as may be specified in the resolution, to the Chairman or the Welfare Commissioner.

(1) The Fund shall be utilised to defray the cost of carrying out such measures as may be prescribed for promoting the welfare of employees and their dependants, including the maintenance of welfare centres and libraries, the provision of recreational facilities, and such other purposes as may be specified by the State Government. (2) The Board may also apply the Fund for the purpose of such other activities as may be conducive to the welfare of the employees. Any person who wilfully obstructs an Inspector in the exercise of his powers or duties under this Act or fails to produce for inspection on demand by an Inspector any registers, records or other documents maintained in pursuance of this Act shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (iii) It shall be the duty of the Welfare Commissioner to ensure that the provisions of this Act and the rules made thereunder are duly carried out and the decisions of the Board under this Act or the rules made thereunder are implemented. He shall therefore have the powers to issue orders not inconsistent with the provisions of this Act and the rules made thereunder, as he deems fit. The State Government may also appoint one or more persons as Additional or Deputy Welfare Commissioner. The Additional or Deputy Welfare Commissioner shall exercise such powers and perform such duties as the Welfare Commissioner may, with the approval of the Board, by order specify. For this purpose the Board shall be competent to fix the area or areas within which the Additional or the Deputy Welfare Commissioners shall exercise the powers and perform the functions so specified. The Secretary of the Board shall be appointed by the State Government. Payment from the Fund shall be made.— (i) where the amount payable is less than Rs. 250 in cash, and (ii) Where the amount payable is more than Rs. 250 by Bank Draft or through Cheques issued by the Welfare Commissioner: Provided that in any particualr case the Board may, for speciel reasons to be recorded, authorise payment in cash in respect of any amount payable by it.

(1) Any sum payable to the Board under this Act shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. (2) The Board may, subject to the provisions of this Act, take such steps as it deems fit for the recovery of any such sum. (1) All orders and decisions of the Board shall be authenticated by the signature of the Chairman or such other member of the Board as may be authorised by the Board in this behalf and all other instruments issued by the Board shall be authenticated by the signature of such officer of the Board as may be authorised in this like manner. (2) Save as otherwise expressly provided in this Adhiniyam, all such orders, decisions and instruments shall be final and binding on the parties thereto. No court shall take cognizance of any offence punishable under this Act except on a complaint by, or with the previous sanction in writing of, the Welfare Commissioner. (1) The State Government may appoint Inspectors to inspect records to ascertain and verify the sums payable into the fund. Inspectors appointed under sub-section (2) of section 40 of the Madhya Pradesh Shops and Establishments Act, 1958 (No. 25 of 1958) shall also be deemed to be Inspectors for purposes of this Act in respect of the establishments to which the Act applies. (2) Any Inspector may— with such assistance, if any, as he thinks fit, enter at any reasonable time any premises for carrying out the purposes of this Act; exercise such other powers as may be prescribed. Every Inspector shall,, for carrying out the purposes of the Act, also have the'powers to require any employer to produce any document for his inspection to supply him a true copy of any such document and to give him a statement in writing.

The Board shall have such powers as may be prescribed for the purpose of carrying out the provisions of this Adhiniyam. The Board shall have powers subject to such conditions as may be prescribed to appoint officers and executive staff and other than those appointed under Section 15, to carry out and supervise the activities financed from the fund. Besides of Officers to be appointed by the State Government under Sections 15 and 16 of the Act the Board shall have such number of officers, Clearical, executive and other staff as may be determined by the board with the previous approval of the State Government: Provided that whenever it is necessary to alter the strength so determined, the board shall send necessary proposal S with jurisdiction to the State Government for approval!

(1) The State Government shall appoint an officer of the Labour Department not below the rank of Deputy Labour Commissioner, who shall be the Welfare Commissioner. (2) The Board may appoint such other officers and staff as it considers necessary for the efficient performance of its functions: Provided that the State Government may direct the Board to appoint such number of officers and staff as it may specify. (3) The Welfare Commissioner and officers and staff appointed under sub-sections (1) and (2) shall be entitled to such salary and allowances and shall be governed by such conditions of service as may be prescribed. The State Government may, in consultation with the Board, depute to the service of the Board any Government Servant and the terms and conditions of deputation of such servants shall be determined by the State Government in consultation with the Board and the terms and conditions so determined shall be binding on the Board. The State Government may, in consultation with the Board depute to the service of the Board any Government Servant and the terms and conditions of deputation of such servants shall be determined by the State Government in consultation with the Board and the terms and conditions so determined shall be binding on the Board. the Classification, the pay scales and allowances of the posts determined under rule 17 shall be such as may be determined by the board, from time to time with the previous approval of the State Government.

Notwithstanding anything contained in this Act or the rules made thereunder, if in the opinion of the State Government any officer or servant of the Board is negligent in the discharge of his duties it may after making enquiry in the prescribed manner suspend him or may impose such other punishment as may be prescribed and if in the opinion of the State Government he is unfit for his employment, it may remove him from service. (1) Recruitment to .the boards service shall be by the following methods, namely:-(a) bydirectrecruitmentbycompetitiveexamination.(b) by direct, recruitment by selection.(c) by promotion of members of the service, and(d) by obtaining State Government Servants on, deputation under Section 18.(2) The number of persons to be recruited .tbrough g airect recruitment and promotion shall not excaed the ' percentage of determined by the board with the previous approval of the State Government.(3) Subject to the provisions of-these rules; the method or methods of recruitment tocbe adopteefor the: purpose of filling any particular vacancy of vachcpes_ in the service as may be required to be filled any particular period of recruitment and the :number Of persons to be recruited by each method shall be determined on each occasion by Welfare Commissioner(4) Notwithstanding anything contained in sub-ruie (1) if in the opinion of the Welfare Commissioner the: ' exigencies of the services so requited, -tile Welfart, commissioner may with the approval of the board and the., State government, adopt such method of recruitment to" the service other than those specified in the said sin- rule as as he may, by order issued in this behalf, specify.

(a) The method of recruitment and other conditions of service including pay-scales of the persons appointed under section 15 shall be such as may be specified by the State Government; (b) the conditions of service of the persons appointed under Section 17 shall be such as may be determined by the Board by regulations made under Section 21. All appointment except those mentioned in Section 15 aad 16 shall be made by the Welfare Commissioner with the approval of the board and no such appointment shal be made except after selection by one of the methods of requirement specifed in rule 19.

The expenditure on the officers and the servants appointed under this Chapter and other administrative expenditure shall not exceed the prescribed percentage of the annual income of the Fund. In order to be eligible to be selected, a candidate must satisfy the following conditions, namely :—(i) he must have attained the age of 18 years and not attained the age of 30 years on the first day of January next following the date of commencement of the selection.(ii) the upper age limit shall be relaxed as follows in case of Scheduled Castes and Scheduled Tribes candidtate up to 35 years;(iii) if a candidate holding a post of the board's service applies for another post being filled through competitive examinations he will be allowed to deduct from his age the period of total service rendered by him up to the maximum of 7 years, subject, however, to the resultant age not exceeding the upper age limit by more than five years.(iv) in case of retrenched government servant, the period of all temporary services previously rendered by him upto a maximum limit of 7 years shall be allowed to be deducted from his age provided that the resultant age does not exceed the upper age limit by more than three years. Explanation.—the term retrenched government servant shall have the meaning assigned to it in the M. P. Labour Service (Gazetted) Recruitment Rules, 1974.(v) in case of ex-servicemen, the period of all defence service previously rendered by him shall be allowed to be deducted from his age. Explanation.—the term 'ex-servicemen' denotes a person who belonged to any of the categories mentioned in rule 8 of the Madhya Pradesh Labour Service (Gazetted) Recruitment rules, 1974 and who was employed under the Government of India for a continuous period of not less than 6 months and who was retrenched or declared surplus as a result of the recommendations of the ecconomy with or due to normal reduction in the establishment not more than three years before the date of his registration at any employment exchange or 6-f application made otherwise1. for employment in the board's service.(vi) he must possess the educational qualifications which may be laid down by the Board for different posts with the previous approval of the State Government : Provided that in exceptional cases and in the ' exigencies or service the board may on the. recommendation of the Welfare commissioner, treat as-qualified a candidate, who though not possessing any of the qualifications specified in this clause has passed examination conducted by other institutions by a standard which in the opinion of the Board justifies admission of the candidate to the examination and selection.(vii) He muist pay the fees fixed by the Board.

The State Government or any officer authorised by the State Government in this behalf may call for the records of the Board, inspect the same and may supervise the working of the Board. Subject to the provisions of clause (c) of rule 21 the decision of the Welfare Commissioner as to the eligibility or otherwise of a candidate of selection shall be final and no candidate to whom a certificate of admission has not been issued by the Welfare commissioner shall be allowed to appear at the examination or be interviewed.

The State Government may give to the Board such directions as in its opinion are necessary or expedient in connection with expenditure from the fund for carrying out the other purposes of the Act and the Board shall comply with such directions.

[The content of sub-section (1) and (2) as referenced in the notification dated 27th July 2000 is included here: (1) Assistant labour Commissioners and Labour Officers are authorised to exercise the powers of Tahsildar under Section 147 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) for recovery of payable under sub-section (1) of Section 24 of the said Adhiniyam in their respective jurisdiction. (2) This notification shall come into force with effect from the date or publication of this notification in the Madhya Pradesh Gazette.] (1) Any sum payable to the Board or into the Fund under this Act, shall without prejudice to any other mode of recovery be recoverable on behalf of the Board as an arrear of land revenue. (2) The State Government may, by notification, authorise officers of the State Government not below the rank of Tehsildar to exercise the powers of Tehsildar under section 147 of the Madhya Pradesh Land Revenue Code, 1959 for recovery of sums under sub-section (1). (3) The officers authorised under sub-section (2) may cause a notice of demand to be served on any defaulter before the issue of any process under Section 147 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) for the recovery of any arrears. (4) All other provisions of Chapter XI of the aforesaid Code shall apply mutatis mutandis for the recovery of sums payable to the Board or into the Fund under this Act. (1) A competitive examination for recruitment to the service shall be held at such intervals as the Welfare Commissioner may, in consultation with the Board, from time to time determine. (2) the examination including interviews shall be conducted by the Welfare commissioner in accordance with the procedure as may be determined by the Board.

(1) All unpaid accumulations shall be deemed to be abandoned property. (2) Any unpaid accumulations paid to the Board in accordance with the provisions of Section 10 shall, on such payment, discharge an employer of the liability to make payment to an employee in respect whereof the unpaid accumulations have been paid to the Board, to the extent of the payment made to the Board. (1) Any person who wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act or fails to produce on demand in writing by an Inspector any register, record or other document in his custody which may be required by such Inspector for the purpose of this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (1) If the State Government is satisfied that the Board had made default in performing any duties imposed on it by or under this Act or has abused its power or has failed to comply with any direction given by the State Government under Section 23, the State Government may by notification supersede the Board and may reconstitute it in the manner prescribed, for constitution of the Board: Provided that before issuing the notification under this sub-section, the State Government shall give a reasonable opportunity to the Board to show cause why it should not be superseded and shall consider the explanation and objections, if any, submitted by the Board. (2) After the supersession of the Board and until it is reconstituted the powers, duties and functions of the Board under this Act shall be exercised or performed by the State Government or by such officer or officers as the State Government may appoint for this purpose. (1) Direct recruitment by selection to the service shall be held at such intervals as the Welfare commissioner may in consultation with the Board, from time-to time determine. (2) For purposes of selection under, sub-rule (1) names of persons having prescribed qualifications shall be obtained form the Employment Exchange. (3) For Selection of candidates for service shall be made by the Welfare Commissioner or other officer or Selection committee as may be determined by the board, after interviewing them; Provided that a written test may also be held before interview to ascertain the candidates writing or typing capabilities.

(1) No Court shall take cognizance of any offence punishable under this Act except on a complaint made by, or with the previous sanction in writing of the Welfare Commissioner or such officer as may be authorised by him in this behalf: Provided that no such sanction shall be required for the institution of any proceeding by an Inspector in respect of the offence punishable under section 25. (2) No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act. The members of the Board, and the persons appointed under sections 15, 16, 17, 18 and 25 of this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860). Fifteen percent, and eighteen per cent of the available vacancies direct recruitment under clause 3(a) & (b) of sub-rule (1) of rule 19 shall be reserved for candidates who are members of the Scheduled Castes and Scheduled Tribes respectively. In filling the vacancies so reserved, candidates who are members of the Scheduled Castes and Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list referred to in rule 27 irrespective of their relative rank as compared with other candidates. If sufficient number of candidates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling all the vacancies reserved for them the remaining vacancies shall not be filled from the general candidates but re-advertise immediately and in the case of direct recruitment by selection, fresh names shall be obtained from the Employment Exchange. If any vacancies are still left unfilled they may be filled up from the general candidates and an equivalent number of additional vacancies shall be reserved for candidates belonging to the Scheduled castes or Scheduled Tribes for the subsequent two examinations or selections, as the case may be: Provided that if sufficient number of suitable candidates are not available even after the two examinations or selections to fill all the reserved vacancies including the additional vacancies or such of them as are not filled shall lapse. Fifteen percent, and eighteen per cent of the available vacancies direct recruitment under clause 3(a) & (b) of sub-rule (1) of rule 19 shall be reserved for candidates who are members of the Scheduled Castes and Scheduled Tribes respectively. In filling the vacancies so reserved, candidates who are members of the Scheduled Castes and Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list referred to in rule 27 irrespective of their relative rank as compared with other candidates. If sufficient number of candidates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling all the vacancies reserved for them the remaining vacancies shall not be filled from the general candidates but re-advertise immediately and in the case of direct recruitment by selection, fresh names shall be obtained from the Employment Exchange. If anyvacancies are still left unfilled they may be filled up from the general candidates and an equivalent number of additional vacancies shall be reserved for candidates belonging to the Scheduled castes or Scheduled Tribes for the subsequent two examinations or selections, as the case may be : Provided that if sufficient number of suitable candidates are not available even after the two examinations or selections to fill all the reserved vacancies including the additional vacancies or such of them as are not filledshall lapse.

(1) The State Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act. (2) All rules made under this Act shall be subject to the condition of previous publication. (3) (a) All rules made under this Act shall be laid on the table of the Legislative Assembly. (b) All rules made under this Act shall be published in the official Gazette. No suit, prosecution or other proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. (1) Where recruitment is made by a competitive examinations the Welfare commissioner shall prepare a list arranged in order of merit of the candidates who have qualified by such standard as may be determined by the Board, under sub-rule (2) of rule 24 and of the candidate belonging to the Scheduled Castes and Scheduled Tribes, who though not qualified by the standard are declared by the Welfare Commissioner to be suitable for appointment to the Board's service with due regard to the maintenance of efficiency of Board's administration. The list shall be pasted on the Notice Board of the Administrative Officer of the Board. Subject to the provisions of these rules candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list. Where recruitment is made by selection, the Welfare commissioner shall prepare a list of candidates whom he considers most suitable on the basis of the written test and interview or only interview, as the case may be arrange in order of preference and of candidates belonging to Scheduled Castes and Scheduled Tribes. Who though not qualified by the standard laid down are declared by the Welfare Commissioner to be suitable for appointment to the service with due regard to the maintenance of efficiency of board's Administration. The list shall be pasted on the Notice board of Administrative Office of the Board. the inclusion of a candidate's name in the list confers no right to appointment unless the Welfare commissioner is satisfied after such enquiry as he may consider necessary that the candidate is suitable in all respect for appointment to the service. (1) Where recruitment is made by a competitive examinations the Welfare commissioner shall prepare a list arranged in order of merit of the candidates who have qualified by such standard as may be,determined by the Board, under sub-rule (2) of rule-24 and of the candidate belonging to the Scheduled Castes and Scheduled Tribes, who though not qualified by the standard are declared by the Welfare Commissioner to be suitable for appointment to the Board's service with due regard to the maintenance of efficiency of Board's administration.The list shall be pasted on the Notice Board of the Administrative Officer of the Board. Subject to the provisions of these rules candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list. Where recruitment is made by selection, the Welfare commissioner shall prepare a list of candidates whom he considers most suitable on the basis of the written eest and interview or only interview, as the case may be arrange in order of preference and of candidates belonging to Scheduled Castes and Scheduled Tribes. 'Who though not qualified by the standrad laid down are declared by the Welfare Commissioneer to be suitable-for appointment to the service with due regard to the maintenance of effciency of board's Administration. The list shall be pasted on the Notice board of Administrative Office of the Board. (4) the inclusion of a candidate's name in the list confers no right to appointment unless the Welfare commissioner is satisfied after such enquiry as he may consider necessary that the candidate is suitable in all respect for -appointment to the service.

(1) The State Government may, by notification in the official Gazette direct that any establishment or class of establishments shall be exempt from all or any of the provisions of this Act subject to such conditions as may be specified in the notification. (2) The State Government may, by notification, withdraw any exemption granted under sub-section (1). (1) The Board shall lay down the criteria for eligibility for promotion to various posts to be filled by promotion under rule 19. (2) The Board shall consitute a committee of three members of whom two shall be the officers and one a member of the Board for making a prelimanary selection for promotion of eligible candidates. Different committees maybe constituted for different categories of posts. (3) The Committee shall prepare a list of such person as satisfy the criteria laid down under sub-rule (1) and as are held by the Committee to be suitable for promotion to the service based on merit with due regard to seniority. This list shall be sufficient to cover probsb vacancies for two years. (4) the names of the person included in the list shall be arranged in order of seniority in the service: Provided that any junior person who, in the opinion of the committee, is of an exceptional merit and suitability may be assigned in the list a higher place than that of persons senior to him. (5) the list so prepared shall be reviewed and revised every year. (6) If in the process of selection, review or revision, it is proposed to supersede any members of the service the Committee shall record reasons for the proposed supersession. (7) The list prepared under this rule shall be forwarded by the Committee to the Board. (8) The Board, shall consider the list prepared by the Committee along with the other documents received from the Committee and, unless it considers any change necessary, approve the list. (9) If the Board considers it necessary to make any change in the list received from the committee, it shall inform the committee of the change proposed and, after taking into account the comments, if any, of the committee May approve the list finally with such modification, if any, as may in its opinion be just and proper. (10) The list as finally approved by the Board, shall form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force until it is reviewed or revised under sub-rule (5): Provided that in the event of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Committee may, if it thinks, fit, remove the name of such person from the list. (11) Appointment of the persons included in the select list to a particular category of posts, shall follow the order in which their names appear in the Select list: Provided that, where administrative exigencies so require a person whose name is not included in the Select list or who is not next in order in the Select list, may be appointed to the Service if the board is satisfied that the vacancy is not likely to last for more than three months. (1) The Board shall lay down the criteria for eligibility for promotion to various posts to.be filled by promotion under rule 19. (2) The Beard shall consitute a committee of three members of whom two shall be the officers an one a member of the Board for making a prelimanary.selection for. piomotion of .eligible candidates. Different .committees maybe:constituted for different categories of posts. (3) The Committee shall prepare a list of such person as satisfy the criteria laid down under sUb-rule (1) and as 'ail held by the Committee to be suitable for promotion to the service based on merit with due regard to Senidrity: This list shall be sufficient to cover probsbtflaCancies for two years. (4) the names of the person included in the iist shall be arranged in roder of seniority in the service: Provided that any junior person who, in the opinion of the. committee, is of an exceptional merit and suitability may be assigned in the list a higher place than that of persons senior to him. (5) the liSt so prepared shall be reviewed and revised every year. (6) If. in the process of ' selection, review or ievirsion, it is proposed to supersede any members of the-.service the Corittee shall record reasons for the proPosed supeisession. The list prepared under this rule shall be forWaraed by the committee to the Board. The Board, shall consider the list prepared by the Committee along withthe other documents received from the ComMittee and, unless it considers any change, necessary, approve the. list. If the Board considers it necessary to make any chage in the list recerved from the committee, it shall inform the committee of the chage proposed and, after taking, into account the comments, if any, of the committee may approve the list finally with such modification, if any, as may in its opinion be just and proper. The list as finally approved by the Board, shall form the select list for promotion of the members of the service to a particular category of posts. This list shall ordinarily be in force untill it is reviewed or revised under sub-rule (5): Provided that in the even of a grave lapse in the conduct or performance of duties on the part of any person included in the select list, a special review of the select list may be made at the instance of the Board and the Committee may, if it thinks, fit, remove the name of such person from the list. Appointment of the persons included in the select list to a particular category of posts, shall follow the order in which their names appear in the Select list : Provided that,, where administrative exigencies so require a person whose name is not included in the Select list or who is no,t next in order in the Select list, may be appoin,ted to the Service if the board is aatisfie9 that the vacahrle is not likely to last for more thin three moriths.

The State Government may, by notification, direct that any power exercisable by it under this Act shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by the Welfare Commissioner or such other officer as may be specified in this behalf. In sub-section (8) of Section 8 of the Payment of Wages Act, 1936 (No. 4 of 1936) in its application to the State of Madhya Pradesh, the following proviso shall be inserted, namely "Provided that, in case of any Factory or establishment to which the provisions of the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 apply, all such realisation shall be paid into the Madhya Pradesh Labour Welfare Fund constituted under the said Act and shall be applied for the purpose of the said Act." Every person directly recruited to the service of the board shall be appointed on probation for a period of two years. Every phrson directly recruited to the service of the board r shall be appointed on probation for a period of,tWo years

The expression "establishment" occurring in this Act shall be deemed to include an establishment as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (No. 27 of 1961) and the provisions of this Act shall apply to such establishment accordingly. The State Government may by an order transfer to the Board the property, both movable and immovable, belonging to it, and being applied in running the departmental Labour Welfare Centres. (1) the persons appointed under section 17 shall function under the administrative supervisory and disciplinary control of the Board. (2) the provisions of the Madhya Pradesh Civil Services (Classification control and Appeal) rules, 1966 shall apply mutatis mutandis for disciplinary action against a person appointed under Section 17 of the Act.

(1) Any person, who wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or fails to produce for inspection on demand by an inspector any registers, records or other documents maintained in pursuance of the provisions of this Act or the rules made thereunder or to supply him on demand true copies of any such documents, shall, on conviction, be punished, for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that where the offender is sentenced to a fine only, the amount of fine shall not be less than one hundred rupees. (2) If an employer— fails to pay the contribution or any sum which he is liable to pay under this Act; or is guilty of any contravention or non-compliance with any of the requirements of this Act or the rules or the regulations made thereunder, in respect of which no penalty is provided; he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. An enquiry contemplated under Section 19 shall be made in accordance with the provisions of the madhya Pradesh Civil Services (Classification control and Appeal) Rules, 1966 by an officer specified by the State government for the purpose.

(1) If any difficulty arises in giving effect to the provisions of this Adhiniyam, the State Government may, by order, do anything not inconsistent with the provisions of this Adhiniyam which appears to it to be necessary or expedient for the purpose of removing the difficulty. (1) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence punishable under Section 31. (2) No prosecution for such offence shall be instituted except by an Inspector with the previous sanction of the Welfare Commissioner. (3) No Court shall take cognizance of such offence unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed. the Expenditure on officers and the servants appointed under Chapter IV of the Act and other administrative expenditure shall not exceed 50 per cent, of the annual income of the fund.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Adhiniyam or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the State Government or the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Adhiniyam or any rule or order made thereunder. (1) The State Government may, by notification, and subject to the conditions of previous publication make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (i) the intervals at which unpaid accumulations shall be paid under sub-section (4) of Section 3; (ii) the agency which shall collect the sums and the intervals at which and the manner in which such sums shall be paid or collected under sub-section (5) of Section 3; (i) the number of representatives of employers, employees and independent members on the Board under sub-section (3) of Section 4; (ii) the allowance, if any, payable to members of the board under sub-section (5) of Section 4; (c) the constitution and term of office of the member of a committee under Section 7; (d) the particulars which a notice under sub-section (3) of Section 8 shall contain; (e) the form in which statement shall be submitted under sub-section (8) of Section 9; (f) the accounts, records and registers to be maintained under sub-section (1) and the form in which annual statement of accounts shall be prepared under sub-section (2) of Section 14; (g) powers which an Inspector shall exercise under clause (b) of sub-section (2) of Section 16. (h) Conditions subject to which the Board may appoint officers, clerical and executive staff under Section 17; (i) the manner in which enquiry shall be made under Section 19; (j) the method of recruitment and conditions of service of the persons under clause (a) of Section 20. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (i) the intervals at which unpaid accumulations shall be paid under sub-section (4) of Section 3; (ii) the agency which shall collect the sums and the intervals at which and the manner in which such sums shall be paid or collected under sub-section (5) of Section 3; (i) the number of representatives of employers, employees and independent members on the Board under sub-section (3) of Section 4; (ii) the allowance, if any, payable to members of the board under sub-section (5) of Section 4; (c) the constitution and term of office of the member of a committee under Section 7; (d) the particulars which a notice under sub-section (3) of Section 8 shall contain: (e) the form in which statement shall be submitted under sub-section (8) of Section 9; (f) the accounts, records and registers to be maintained under sub-section (1) and the form in which annual statement of accounts shall be prepared under sub-section (2) of Section 14; (g) powers which an Inspector shall exercise under clause (b) of sub-section (2) of Section 16. (h) Conditions subject to which the Board may appoint officers, clerical and executive staff under Section 17; (i) the manner in which enquiry shall be made under Section 19; (j) the method of recruitment and conditions of service of the persons under clause (a) of Section 20; (k) the percentage of the annual income of the Fund beyond which the Board may not spend on the staff and other administrative matters; (l) any other matter which has to be or may be prescribed. Every employer of an establishment shall maintain and preserve for period of 10 years a consolidated register of unclaimed wages and fines in Form 'E': Provided that in cases pending before the Appellate Authority the Register shall be preserved till the cases are finally disposed.

(1) The Board may with the previous approval of the State Government make regulations not inconsistent with this Act and the rules made thereunder for the purpose of giving effect to the provisions of the Act. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for all any of the following matters, namely:— (a) the manner of preparation and the contents of the Annual Report under Section 14-A; (b) determination of the working and service conditions of persons appointed under Section 17; (c) preparation and maintenance of confidential records relating to officers and staff working under the Board and preparation and maintenance of other records of the Board; (d) any other matter which has to be or may be required to be made by regulations.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the Gazette, make such provision not inconsistant with the provisions of this Act as appears to it to be necessary or expedient for the removal of the difficulty : Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid on the table of the Legislative Assembly. If any question relating to the interpretation of these rules arises. It shall be referred to the State Government whose decision shall be final.

any payment due to them. The notice shall continue to be displayed on the notice Board continuously for a period of one hundred and eighty days from the date it is so displayed. If any question arises whether the notice referred to; in sub-section (3) was given as required by that silb-section, a certificate of the Board that it was so given, shall be conclusive. If a claim is received in answer to the notice under sub-section (3), the Board shall transfer such claim to the authority appointed under Section 15 of the Payment of Wages Act, 1996 (No. 4 of 1936) having jurisdiction in the area in which the factory or etablishment is situated, and the authority shall proceed to adjudicate upon, and decide, such claim within a period of ninety days from the date on which the claim is transferred to it by the Board. In hearing such claim the Authority shall have the power conferred by and follow the procedure (in -so far as it is applicable) laid down for giving effect to the provisions of that Act. If the Authority aforesaid is satisfied that any such claim is valid and the right to receive payment is established, it shall decide that the unpaid accumulation in relation to which the claim is made shall cease to be deemed to be abandoned property and shall order the Board to pay the whole of the dues claimed, or such part thereof as the Authority decides as properly due, to the employees; and the Board shall make payment accordingly : Provided that, the Board shall not be liable to pay any sum in excess of that paid under sub-section (4) of Section 3 to the Board as Unpaid accumulations, in respect of the claim.

(7) If a claim for payment is rejected, the employee shall have a right of appeal to the Industrial Court, and the Board shall comply with any order made in appeal. An appeal shall lie within sixty days of the decision of the Authority. The Industrial Court shall give its decision ordinarily within a period of sixty days from the date on which appeal is presented before it. (8) The decision of the Authority, subject to appeal aforesaid and the decision in appeal of the Industrial Court shall be final and conclusive as to the right to receive payment, the liability of the Board to pay and also as to the amount. If no claim is made within the time specified in sub-section (3) or a claim has been duly rejected as aforesaid by the authority, or on appeal by the Court, then the unpaid accumulation in respect of such claim shall accrue to, and vest in, the Board as bona vacant, and shall thereafter without further assurance be deemed to be transferred to, and form part of the Fund. (10) Where the authority or the Industrial Court is unable to deliver its decision within the period specified in sub-section (5) or sub-section (7) as the case may be, it shall record the reasons therefor.

The State Government may make rules for the purpose of carrying out the provisions of this Adhiniyam including the manner and form of notice, the particulars to be specified therein, the procedure to be followed by the Welfare Commissioner, and the payment and refund of amounts.

Any attempt on the part of a candidate to obtain support for his candidature by any means may be held by the Welfare ComMissioner to disqualify him for selection.

(1) A competitive .examination for recruitment to the service shall be held at such intervals as the Welfare Commissioner may, in consultation with the Board, from time to time determine.(3) the examination including interviews shall be conducted by the Welfaare commissioner in accordance 4th the- edure as may be determined by the Board.

(1) Direct recruitment by selection to the service shall be held at such intervals as the Welfare commissioner may in consultation with the Board, from time-to time determine.(2) For purposes of selection under, sub-rule (1) names of persons having prescribed quali4cations shall be obtained form the ,Employment Exchange/(3) For Selection of candidates for service shall be made by the Welfare Commissioner or other officer or SelectOncommitteetasi may be determined by the board, after interviewing t,hem; Provided that a written test may also be held before interviewtoescertain the candidates writing or typing capabilities.

(See Rule 3(5)) Statement of Employees' and Employers' contribution on 30th June and 31st December respectively. 1. Name of the Estibishment 2. Name of the employer 3. Class of establishment 4. Address of establishment 5. Total number of employees [as per section 2 (3)] whose names stand on the muster roll of the etablishmenton3OthJune/31st December. 6. Emplyers contribution @ 50 paise per employee. Rs. 7. Employers contribution @ 1 rupee per employee. Rs. 8. total of sub-entries (a) and (b) of entry 6. Rs. Signature of employer. (Table included: Class of establishments, No. of estabishments, Accout of Employers Contribution received by welfare Commissioner. Total Rs. Date. Signature of Welfare Commissioner)

(See Rule 10) Statement to be submitted bY Welfare comMissioner under Section 9(8)

(1) the persons appointed under section 17 shall function under -elle administrative supervisory and disciplinary control of the Board. (2) the provisions of theMadhya Pradesh Civil Services (Classification control and Appeal) rules, 1966 shall apply mutatis mutandis for disciplinary action against a person appointed under Section 17 orthe Act.

knenquirycontamplated unde rSection 19 shall be made in accordance. with the provisions of the madhya Pradesh Civil Services (Classification control and Appeal) Rules, 1966 by an officer specified by the State government for the propose.

the Expenditure on officers and the servants appointed under Chapter IV of the Act and other administrative expenditure shall not exceed 50 per cent. of the annual income of the fund.

Every eMployer of an establishment shall maintain and preserve for period of 10 years a consolidated register of unclaimed wages and fines in Form 'E" : Provided tat in cases pending before the Appellate Authority the Register shall be preserved 011 the cases are finally disposed.

If any question relating to the interpretation of these rules arises. It shall Joe referred to the State Government whose decision shall be final.