Speak now

ANDAMAN & NICOBAR ISLANDS MINIMUM WAGES  RULES, 1972

ANDAMAN & NICOBAR ISLANDS MINIMUM WAGES RULES, 1972

CHAPTER - I.............................................................................................................................................. 4 Preliminary .............................................................................................................................................. 4 1. Short title, and extent: - ................................................................................................................. 4 2.

Interpretation: - .............................................................................................................................. 4 CHAPTER – II............................................................................................................................................ 5 MEMBERS AND STAFF AND MEETINGS OF THE BOARD COMMITTEE AND ADVISORY COMMITTEE...... 5 3. Terms at office of the Members of the Committee: -.................................................................... 5 4. Term of Office of members of the Board: - .................................................................................... 5 5. Nomination of substitute members: -............................................................................................ 5 6. Travelling Allowance: -.................................................................................................................... 5 7. Staff: -.............................................................................................................................................. 5

8. Eligibility for renomination of the members of the Committee Advisory, Committee and the

Board:

-.................................................................................................................................................... 6

9. Resignation of the Chairman and Members of the Committee and the Board filling of the casual

vacancies-..................................................................................................................................... 6 10. Cessation and restoration of membership..................................................................................... 6 11. Disqualification: -............................................................................................................................ 6 12. Meetings:-....................................................................................................................................... 7 13. Notice of meetings: - ...................................................................................................................... 7 14. Chairman: -...................................................................................................................................... 7 15. Quorum:-......................................................................................................................................... 7 16. Disposal of Business: - .................................................................................................................... 7 17. Method of voting: -......................................................................................................................... 8 18. Proceeding of the meetings: - ........................................................................................................ 8 CHAPTER-III.............................................................................................................................................. 8

SUMMONING OF WITNESSES BY THE COMMITTEE, AND THE BOARD AND PRODUCTION OF DOCUMENTS.

.......................................................................................................................................... 8 19. Summoning witnesses and production of documents: -............................................................... 8 20. Expenses of Witnesses: - ................................................................................................................ 9 CHAPTER-IV ............................................................................................................................................. 9 COMPUTATION AND PAYMENT OF WAGES, HOURS OF WORK AND HOLIDAYS. ..................................... 9 21. More of computation of the cash value of wages: -...................................................................... 9 22. Time and conditions of payment of wages and the deduction permissible from wages: - ......... 9

23. Publicity to the minimum wages fixed under the Act: -.............................................................. 11 24. Weekly day of rest: -..................................................................................................................... 12 25. Number of hours of work which shall constitute a normal working day: - ................................ 13 26. Night shift: -................................................................................................................................... 14 27. Extra wages for overtime: - .......................................................................................................... 14 28. Form of Register and records: - .................................................................................................... 14 29. Preservation of registers: - ........................................................................................................... 15 30. Production of Registers and other Records: - .............................................................................. 15 31. 15

CHAPTER – V ......................................................................................................................................... 15 CLAIMS UNDER THE

ACT....................................................................................................................... 15 32. Application: -................................................................................................................................. 15 33. Authorization: -............................................................................................................................. 16 34. Appearance of parties: - ............................................................................................................... 16 CHAPTER – VI ........................................................................................................................................ 16 SCALE OF COSTS IN PROCEEDING UNDER THE ACT ............................................................................. 16 35. Costs: -........................................................................................................................................... 16 36. Court Fees: - .................................................................................................................................. 17 CHAPTER – VII .......................................................................................................................................

17

MISCELLANEOUS................................................................................................................................. . . 17 37. Savings: -

....................................................................................................................................... 17 ANDAMAN & NICOBAR ISLANDS MINIMUM WAGES RULES, 1972 ANDAMAN AND NICOBAR ADMINISTRATION

Chief Commissioner’s Secretariat

NOTIFICATION

Port Blair, dated the 6th May, 1972/ Vaisakha 16 1894

No. 16/1/71-LC In exercise of the powers conferred by subsection [1] of section 30 of the Minimum Wages, Act, 1948 [XI of 1948] read with the Notification No. LP 24 [1] dated 16-3-49 of the date Ministry of Labor of the Government of India, I Har  

Mander Singh Chief Commissioner, Andaman and Nicobar Islands hereby, make the  following rules, the same having been previously published as required by section 30 of

the said

Act.

Andaman and Nicobar Islands Minimum Wages Rules, 1972

CHAPTER - I

Preliminary

1. Short title, and extent: -

Those rules may be, called the Andaman and Nicobar Islands Minimum Wages Rules, 1972

2. Interpretation: -

In these rules; unless the context otherwise requires.

(a) “Act” means the Minimum Wages Act, 1948:

(b) “Authority” means the authority appointed under sub-section [1] of section

20: (c) "Board" means the Advisory Board appointed under section 7

(d) "Chairman'' means the Chairman of the Advisory Board or the Committee, as the case may be appointed under section 9  

(e) "Committee" means a committee appointed under clause [a] of sub-section (1) of section 5 and includes a sub-committee appointed under that section:  

(f) "Chief Commissioner means the Chief Commissioner of the Andaman and  Nicobar Islands.  

(g) "Day" means a period of twenty four hours beginning at

midnight: (h) "Form" means a form appended to these rules:  

(i) Inspector means a person appointed as Inspector under section 19:

(j) "Registered Trade Union” means a Trade Union registered under the Trade unions Act 1926.

(k) Section means, a section, of, the Act and

(l) All other words and expressions used herein and no defined shall have the  meaning respectively assigned to them under the Act.

CHAPTER – II

MEMBERS AND STAFF AND MEETINGS OF THE BOARD COMMITTEE AND ADVISORY  COMMITTEE

3. Terms at office of the Members of the Committee: -

The terms of the office of the members of the Committee shall be such as in the  opinion of the Chief Commissioner is necessary for completing the enquiry into the  scheduled employment concerned and the Chief Commissioner, may, at the time of  the constitution of the Committee fix such term and may, from time to time, stand it  as circumstances may require,

4. Term of Office of members of the Board: -

(1) Save as

otherwise

expressly

provided in

these rules,

the term of off

side of a  

non-official

member of the Board Shall be two years commencing from the date of his nomination:

(1) Provided that such member shall, notwithstanding the expiry of the said  period of two years continue to hold office until his successor is

nominated.

(2) A non-official member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

(3) The official member of the Board shall hold office during the pleasure of  the Chief Commissioner.

5. Nomination of substitute members: -

If a member is unable to attend a meeting of the Committee of the Board the Chief  Commissioner, or the body which such members represents may be notice in writing signed on his / Its behalf and by such members and addressed to the Chairman of the said Committee or the Board, nominate a substitute in his place to attend that meeting such a substitute member shall have all the rights of a member in respect of that meeting.

6. Travelling Allowance: -

A non-official member of her Committee or the Board shall be entitled to draw  travelling and halting allowance for any journey performed by him in connection, with his duties as such member at the rates and subject to the conditions applicable to a government servant of the first class under the appropriate rules.

7. Staff: -

(1) The Chief Commissioner may appoint a Secretary to the committee or the Board, and such other staff as it may think necessary, and may fix the salaries and allowances payable to them and specify their conditions of-service  

(2)

(i) The Secretary shall be the Chief Executive Officer of the Committed, or the Board but shall not be entitled to vote at such meeting to vote at such meeting

(ii) The Secretary shall assist the Chairman in convening meetings and shall  keep a record of the minutes of such meetings and shall take necessary  measures to carry out the decisions of the Committee, or the Board as the case, may be.

8. Eligibility for renomination of the members of the Committee Advisory, Committee and the Board: -

An out-going member shall be eligible for renomination for the membership of the  Committee, or the Board of which he was a member.

9. Resignation of the Chairman and Members of the Committee and the Board filling of the casual vacancies-

(1) A member of the Committee, or the Board, other than the Chairman, may by  giving notice

in writing to

the Chairman,

resignation

his

membership.

The Chairman

may resign by

a letter

addressed to

the Chief

Commissioner.

(2) A resignation shall take effect from the date of communication of its acceptance or on the expiry of thirty days less the date of resignation. which is earlier.

(3) When a vacancy occur is likely to occur in the membership of the

Committee; or the Board, the Chairman shall submit a report to the Chief Commissioner immediately. The Chief Commissioner shall take steps to fill the vacancy

10. Cessation and restoration of membership

(1) If a member of the Committee of the Board fails to attend three consecutive  meetings he shall subject to the provisions of sub-rule (2) cease to be a  member thereof

(2) A person, who ceases to be a member under sub-rule [1], shall be given  intimation of such cessation. By a letter sent to him by registered post within  fifteen days from the date to such cessation. The letter shall indicate that if he  desires restoration of his membership, he may apply therefor within thirty days from the receipt of such letter. The application for restoration of membership,

if received within the said period, shall be placed before the Committee of the Board, as the case may be and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate, the member shall be restore to membership immediately after a resolution to that effect is adopted.

11. Disqualification: -

(1) A person shall be disqualified for being nominated as, and for being a member of the Committee, or the Board as case may be –

(i) If he is declared to be of unsound mind by a competent court or

(ii) If he is an undischarged solvent: or

(iii) If before or after the Commencement of the Act, he has been convicted

of an offence involving moral turpitude.

(2) If any question arise whether a disqualification has been incurred under sub rule [1] the decision of the Chief Commissioner thereon shall be final.

12. Meetings:-

The Chairman may subject to the provisions of rule 13, call a meeting of the  

Committee or the Board as case may be, at any time he thinks fit.  

Provided that on a requisition in writing from not less than one half of the members,  the Chairman shall call a meeting within fifteen days from the date of the receipt of  such requisition.  

13. Notice of meetings: -

The Chairman shall fix the date, time and place of every meeting and a notice in  writing

containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member by registered post at least fifteen days

before the date fixed for such meeting.

Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.

14. Chairman: -

(1) The Chairman, shall preside at the meeting of the Committee. or the Board, as  the case may be.

(2) In the absence of the Chairman at any meeting the members shall elect from  amongst themselves by a majority of votes, a member, whose shall preside at  such meeting.  

15. Quorum:-

No business shall be transacted at any meeting unless at least one third of the  members and at least one representative each of both the employers and the  employees are present

Provided that, if at any meeting less than one third of the members are present or  not even one representative each of both the employers and employees are present  the Chairman may adjourn the meeting to date not later than seven days from the  date of the original meeting and it shall thereupon be lawful to dispose of the  business at such adjourned meeting irrespective of the member of class of members  present.

16. Disposal of Business: -

(1) All business shall be considered at a meeting of the Committee, or the Board, as the case may be, and shall be decided by a majority of the votes of the  members present and voting. In the event or an equality of votes, the Chairman shall have a casting vote.  

Provided that the Chairman may, if he thinks fit direct that any matter shall be  decided by the circulation of necessary papers and by securing written opinion  of the members;

Provided further that no decision on any matter under the proceeding  provision shall be taken, unless supported by not less than a two-third majority of the members.

17. Method of voting: -

Voting shall ordinarily be by show of hands but if any member asks for voting by  ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be  held in such manner as the Chairmen may decide.

18. Proceeding of the meetings: -

(1) The proceeding of each meeting showing interating the names of the members present there at shall be forwarded to each members and to the Chief Commissioner as soon after the meeting as possible, and in any case, not less than seven days before

the next

meeting.

(2) The proceeding of each meeting shall be confirmed with such modifications if  any, as may be considered necessary at the next meeting.

CHAPTER-III

SUMMONING OF WITNESSES BY THE COMMITTEE, AND THE BOARD AND PRODUCTION OF  DOCUMENTS.

19. Summoning witnesses and production of documents: -

(1) A Committee or the Board may summon any person to appear as a witness in the course of an enquiry. Such summons may enquire a witness to appear before it on a date specified therein and to produce any books, papers or other documents and thinks in his possession or under his control relating if any manner to the enquiry.

(2) A summons under sub-rule (1) may be, addressed to an individual or an  organization of employers of employers or a registered trade union of

workers.

(3) A summons under this rule may be served: -

(i) In the case of an individual by being delivered or sent to him by registered post.

(ii) In the case of an employer's organization, or a registered trade union of  workers by being delivered, or sent by registered post to the Secretary or other principal officers of the organization or union as the case, may be.

(4) he provisions of the Code of Civil Procedure, 1908 relating to the summoning and enforcement of the appearance of witnesses and the production of documents shall so for as may be apply to proceedings before a Committee or the Board,

(5) All books, papers and the documents or things produced before a Committee, or the Board in pursuance of a summon issued under sub-rule (1) may be  inspected by the Chairman and independent members, and also, by such parties as the Chairman may allow with, the consent of the other party but

the information so obtained shall be, treated, as confidential and the same  shall be made public only with the consent in writing of the party,

concerned.

Provided that nothing contained in this rule shall apply to the disclosure of any  such information for the purpose of prosecution under section 193 of the  Indian Penal Code [45 of 1860],

20. Expenses of Witnesses: -

Every person who is summoned and appears as a witness before the Committee, or  the Board shall be entitled to an allowance for expenses by him in accordance with  the scale for the time being in force for payment of such allowances to witnesses  appearing in civil courts in the Union Territory of Andaman and Nicobar Islands

CHAPTER-IV

COMPUTATION AND PAYMENT OF WAGES, HOURS OF WORK AND

HOLIDAYS. 21. More of computation of the cash value of wages: -

The retail price at the nearest market shall be taken into account in computing the  cash value of wages paid in kind and of essential commodities supplied at concession rates; The computation shall be made in accordance with such directions as may be issued by the Chief Commissioner from time to time.

22. Time and conditions of payment of wages and the deduction permissible from  wages: -

(1)

(i) The wages of a worker in any scheduled employment shall be said on a  working day

(a) in the case of establishments situated within the Municipal limits of

Port Blair before the tenth day and

(b) in the case of all other establishment, before the expiry of the  

twentieth day, after the last day of the wages period in respect, of  

which wages are payable.  

(ii) Where the employment of any, person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the

second working day, after the day on which his employment is  terminated.

(iii) The wages of an employed person' shall be paid to him without deduction of any kind except those authorized by or under these rules.

Explanation: - Every payment made by the employed person to the  employer or his agent shall, for the purposes of these rules: be deemed to be a deduction from wages

(2) Deduction, from the wages, a person employed in a Scheduled employed shall  be of one or more of the following kinds, namely

(i) Fines In respect of such acts and omissions on the part of the employed  persons as may be specified by the Chief Commissioner by general of  special order in this behalf,

(ii) Deduction for absence from duty.  

(iii) Deductions for damage to or loss of goods expressly entrusted to the  employed person for custody, or for loss of money for which he is  required to account where such damage or loss is directly attributable to  his neglect or default;

(iv) deductions for house accommodation supplied by the employer or any  authority constituted by the Chief Commissioner for providing housing  accommodation  

(v) Deduction

for such

amenities and

services

supplied by

the employer

as the Chief

Commissioner

may be

general or

special order

authorize.

Explanation: -

The words

amenities and

service this

clause do not  

include the

supply of

tools

and protective

required for

the purpose of employment.

(vi) Deductions for recovery of advances or for adjustment of over payment of wages;

Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and in no case shall  monthly installment of deduction exceed one fourth of the wages earned in the month:

(vii) Deductions of income tax payable by the employed person;

(viii) Deductions required to be made by order of a court or other component  authority;

(ix) Deductions for subscriptions to and for repayment of advances form any  provident turned to which the provident funds Act 9 1925 applied or any  recognized provident fund as defined in clause (38) of section 2 of the  Income Taz Act, 1961 or any provident fund approved in his behalf by the Chief Commissioner during the continuance of such approval.

(x) Deductions for payment of Co-operative Societies or deductions for recovery of loans advanced by an employer form out of a fund maintained for the purpose by the employer and approved in this behalf by the chief Commissioner or deductions made with the written authorization of the person employed for payment of any premium of his life insurance policy to the Life Insurance corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956)

(xi) Deductions for recovery or adjustment amounts other than wages paid to the employed person in error in excess of what is due to him;

Provided that the prior approval of the Inspector or any other officer

authorized by the Chief Commissioner in this behalf is obtained in writing before making the deductions, unless employee give his consent  in writing to such deductions: -

(xii) Deduction made with the written authorization of the employed persons  which may be given once generally and not necessarily every time  deduction is made, for the purchase of securities of the government of  India or of any state Government or for being deposited in any Post Office Saving Bank in further once of any saving scheme of any such  Government:

(xiii) Deductions made with the written authorization of  

(a) The employed person or

(b) The president or Secretary of the registered trade union of which the employed person is a

member on such

conditions as may be  

prescribed for

contribution or the

National Defense Fund or

to any  

Defense Savings

Scheme approved by

the Central Government

(3) Any person desiring to impose a fine on a employed person or to make a  deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made and given him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.

(4) The amount of fine or deduction for damage or loss mentioned In sub-rule [3]  shall be subject to such limits as may be specified in this behalf by the Chief  Commissioner. All such fines imposed and deductions made shall be recorded in the registers maintained in Forms I and II respectively these registers shall be kept at the work-spot and maintained up-to-date, where no fine or deduction has been imposed or made on or from any employee in a wage period a ‘nil’

entry shall be made across the body of the relevant register at the end of the wage period indicating also in precise terms the wage period to which the ‘nil’ entry relate

(5) Every employer shall end annually a return in Form III so as to reach Inspector not later than the 1st February following the end of the year to which it relates.

(6) The amount of fine imposed under sub-rule [3] shall be utilized only for such  purposes beneficial to the employees as are approved by the Chief

Commissioner.

(7) Nothing in this rule shall be deemed to affect the provisions of the Payment of  wages Act, 1936.

23. Publicity to the minimum wages fixed under the Act: -

Notices in Form XI containing the minimum rates of wages fixed together with  abstract of the Act, the rules made thereunder and the name and address of the  Inspector shall displayed in English and in a language understood by the majority of  the workers in the employment at the main entrance to the establishment and its

office and shall be maintained in a clean and legible condition. Such notices shall be  displayed on the notice boards of all Sub-divisional and District Officers

24. Weekly day of rest: -

(1) Subject to the provision of this rule an employee in Scheduled employment in  respect of which minimum rates of wages have been fixed under the Act, shall  be allowed a day of rest every Week [hereinafter referred toe s the rest day]  which shall ordinarily be Sunday but the employer may fix another day for an  employee or else of employees in that scheduled employment;

Provided that the employee has worked in the Scheduled employment under  the same employer for a continuous period of not less than six days;

Provided further that the employee shall be informed of the day fixed as the  rest day and

of any

subsequent change in the rest day before the change is effected by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf.

Explanation: - for the purpose for computation of the continuous period of  not less than six days specified in the first provision to this sub-rule

(a) Any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work;

(b) Any day on which an employee is laid off on payment of compensation  under the Industrial Disputes Act. 1947 and  

(c) Any leave or holiday with or without pay granted by the employer to an  employee in the period of six days immediately proceeding the rest

day;

Shall be deemed to be days on which the employee has worked

(2) Any such employee shall not be required or allowed to work in a scheduled  employment on the rest day unless he has or will has a substituted rest for a  whole day on one of the five days Immediately before or after the rest day;

Provided that no substitution shall be made which will result the employee  working for more than 10 days consecutively with a rest day for whole day.

(3) Where in accordance with the foregoing provisions of rule any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the day shall for the purpose of calculating the weekly hours of work included in the seek in which the substituted rest day occurs.

(4) An employee shall be granted for the rest day wages calculated at the rate  applicable to the next proceeding day and in case he works on the rest day and has been given a substituted rest day he shall be paid wages for the rest day on which he worked at the overtime rate and wages for the substituted rest day at the rate applicable to the next proceeding day;

Provided that where the minimum daily rate of wages of the employee as  notified under the Act has been worked out by dividing the minimum monthly  rate of wages by twenty six, or where the actual daily rate of wages by twenty  six, or where the actual daily rate of wages of the employee has been worked

out by dividing the monthly rate of wages by twenty six and such actual daily  rate of wages is not less than the notified minimum daily rate of wags of the  employee, no wages for the rest day shall be payable and in case the employee works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked. An amount equal to the wages, payable to him at the overtime rate; and if any dispute arises whether the daily rate of wages has been worked out as aforesaid, the Labor Commissioner may

on application made to him in this behalf decide the same after giving an opportunity to the parties concerned to make written representations.

Provided further that in the case of an employee governed by a piece rate  scheme the

wages for

the rest day

or as the

case may be

the rest day

and the

substituted

rest day shall

be such as the

Chief

Commissioner

may by  

notification in

Andaman and

Nicobar

Gazette

prescribe,

having regard

to the  

minimum rate

of wage fixed

under the Act

in respect of

the scheduled  

employment.

Explanation: -

In the

sub-rule, next proceeding day means that last day on which the employee has worked which proceeds the rest day or the substituted rest day as the case may be and where the substituted rest day falls on a day immediately after the rest

day to the next proceeding day means the last day on which employee has worked which proceeds the rest day

(5) The provisions of this rule shall apply to the employee in scheduled

employments other than agricultural employment.

(6) The provisions of this rule shall not operate to the pre justice of more favorable terms if any to which an employer may be entitled under any other lay or under the terms of any award agreement or contract of service and in such a case, the employee shall be entitled only to the more favorable terms aforesaid

Explanation: - For the purpose of this rule week shall mean period of seven  days beginning at midnight on Saturday night.

25. Number of hours of work which shall constitute a normal working day: - (1) The number of hours which shall constitute a normal working day shall be (a) In the case of an adult 9 hours.

(b) In the case of a child 4-30 hours.

(2) The working day of adult workers shall be so arranged that inclusive of the  intervals for rest, if any it shall not spread over more than twelve hours on any  day.

(3) The number of hours of work in the case of an adolescent shall be the same as  that of an adult or child according as he is certified to work as an adult or a child by a completent medical practitioner approved by the Chief Commissioner.

(4) The provision of such-rule [1] to [3] shall, in the case of workers in agricultural  employment be subject to such modification as may from time to time be  notified by the Chief Commissioner.

(5) No child shall be employed or permitted to work more than 4-30 hours on any  day.

(6) Nothing in the rule shall be deemed to effect the provisions of the Factories Act, 1948.

26. Night shift: -

Where a worker in a scheduled employment works on a shift which extends beyond  midnight

(a) A holiday

for the whole

day for the

purpose of

rule 24 shall in

his case

means a

period of

twenty four

consecutive

hours

beginning

from the time

when his shift

ends and;

(b) The

following day

in such a case

shall be

deemed to be

period of

twenty four  

hours beginning from the time when such shifted and the hours after midnight  during which such workers was engaged in work shall be counted towards the  previous day.

27. Extra wages for overtime: -

(1) When a worker, work an employment for more than nine hours on any day or for more forty- eight hours in any week, he shall in respect of overtime he entitled to wages:

(a) In the case of employment in agriculture, at one and a time the ordinary  rate of wages;

(b) In the case of any other scheduled Employment at double ordinary rate of wages.

Explanation: - The expression ordinary rate of wages mean basic wages  plus such allowances including the cash equivalent of the advantages  occurring through the concessional sale to the person employed of food  grains and other articles as the person employed is for the time being  entitled to but does not include a bonus.

(2) A register of overtime shall maintained by every employer in Form IV in which  entries under the columns specified therein shall be made as and when  overtime is worked in any establishment the register shall be kept at the work  spot and maintained up to date; where no overtime has been worked in any  wage period a ‘nil’ entry shall be made across the body of the register at the  end of the wage period indicating also in precise terms the wage period to  which the ‘nil’ entry relates

(3) Nothing in this rule shall be deemed to affect the provision of the Factories Act, 1948.

28. Form of Register and records: -

(1) A register of wages shall be maintained by every employer at the work spot in  Form XII

(2) A wage slip in Form XIII shall be issued by every employer to every person  employed by him at least a day prior to the disbursement of wages.

(3) Every employer shall get the signature or the thump impression of every person employed on the register of wages and wage slip

(4) Entries in the register of wages and wage slips shall be authenticated by the  employer or any person authorized by him in this behalf.

(5) A Muster roll shall be maintained by every employer at the work spot and kept in Form V.

(6) Every

employer shall maintain a register in Form XIV in which the permanent address age other particulars of the employed person shall be recorded.

29. Preservation of registers: -

A register required to be maintained under rules 22 [4], 27[2] and 28 [1] and the  muster roll required to be maintained under rule 28 [5] shall be preserved for a  period of three years after the date of least entry made therein.  

30. Production of Registers and other Records: -

(1) All register and records required to be maintained by an employer under these  rules shall be produced on demand before the Inspector during the course of  inspection of the establishment:

Provided that the Inspector may if it is necessary demand the production of the registers and records in his office or such other public place as may be nearer to the employer:

(2) Any infringement of the provisions of the Act, or the rules noticed by the  Inspector and communicated to the employee during the course of an  inspection or otherwise shall be rectified by the employee and compliance  report in respect thereof shall submitted to the Inspector in or before the date  specified by in this behalf.

31.

Notwithstanding anything contained in these rules where a combined [alternative  form is sought to be used by employer to avoid duplication of work for compliance  with provisions of any other Act or the rules framed thereunder, alternative suitable form in lieu of any of the forms prescribed under these rules may be used with the previous approval of Labor Commissioner, Andaman and Nicobar Islands.

CHAPTER – V

CLAIMS UNDER THE ACT

32. Application: -

(1) An application under sub-section (2) of section 20 or sub-section (1) of section

21, by on of an employed or group of employed persons shall be made duplicate in Form VI VII or VIII as the case may be one which shall bear the  prescribed court fee.

(2) A single application under section 20 read with sub-section (1) of section 21 may be presented on behalf or in respect group of employed persons, if they are borne on the same establishment and their claim relates to the same wage  period or periods.

33. Authorization: -

The authorization to act on behalf employed person or persons under sub-section (2) of section sub-section [1] of section 21 shall be given in Form IX by amendment which shall be presented to the Authority hearing the cation and shall form part of record. 34. Appearance of parties: -

(1) If an application under section [2] of section 20 or section 21 is entertained, the shall serve upon the employer by registered post a notice In appear before him on a specified date with all relevant and witness if any and shall inform the applicant of the specified.

(2) If the employer or his representative fails to appear specified date the Authority may here and determine the application ex-parties.

(3) If the applicant or his representative fails appear on the specified date the  Authority may dismiss the application.

(4) An order passed under sub-rule [2] or sub-rule [3] may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order and the application within one month of the date of the said order and the application shall that be re-heard after service of notice on the opposite party of the date fixed for re-hearing in the matter specified in sub-rule [1]

CHAPTER – VI

SCALE OF COSTS IN PROCEEDING UNDER THE ACT

35. Costs: -

(1) The authority for reasons to be recorded in writing may direct that the cost of  any proceeding pending before it shall not follow the event.

(2) The cost which may be awarded shall include: -

(i) expenses incurred an account of court fees,

(ii) expenses incurred on subsistence money to witnesses and  

(iii) pleaders fees to the extent of ten rupees provided that the Authority in any proceedings may reduce the fees to a sum of not less than five rupees or for reasons to be recorded in writing increases it to a sum not

exceeding twenty-five rupees.

Applicant or opponent the Authority may subject as aforesaid award to

the successful party or parties such cost as it may deem proper.

36. Court Fees: -

The court Fee payable in respect of proceedings under section 20 shall be: - (i) for every application to summon a witness One rupee in respect of each witness:

(ii) for every application made by or on behalf of an individual one rupee, exempt  him wholly or partly form the provided to the Authority may it in its Opinion the applicant is a pauper exempt him wholly or partly from the payment of such fee:

Provided further that no fee shall be chargeable-

[a] from persons employed in agriculture or

[b] in respect of an

application made by

an Inspector.

(iii) for every

application made on

behalf or in respect

of a number of

employees one

rupee per employee

subject to a

maximum of twenty

rupees.

CHAPTER – VII

MISCELLANEOUS  

37. Savings: -

These rules shall not

apply in relation to

scheduled

employment in so

far as there are

inforce rules applications to such employment which in the opinion of the Chief  Commissioner make equally satisfactory provisions for the matters dealt with these  rules and such pinion shall be final.