Government of Mizoram PART - I Appointments, Postings, Transfers, Powers, Leave and Other Personal Notices and Orders (ORDERS BY THE GOVERNOR) NOTIFICATIONS No. C.17015/4/2017-EDN, the 22nd October, 2020. In exercise of the powers conferred under sub- section (1) of Section 19 of the Right to Information Act, 2005 and in the interest of public service, the Governor of Mizoram is pleased to appoint the following officers as SPIO & ASPIOs in their respective jurisdiction/work allocation under School Education Department with immediate effect and until further orders. Sl. No.Name of OfficerDesignated as1James Lalrinchhana MCS., Director, School EducationAppellate Authority 2Lalramthanga, Dy. Director (Admn.), Directorate of School EducationSPIO 3K.Lallianmawii, Superintendent (S), Directorate of School EducationSAPIO 4KC. Lalrinmawia, DEO, LungleiSAPIO 5Lalrambuatsaiha, DEO, KolasibSAPIO 6Lawmawma, DEO, MamitSAPIO 7Lalramthianghlima, DEO, AizawlSAPIO 8R.Lalnunthari, DEO, LawngtlaiSAPIO 9TT Laltanpuia, DEO, ChamphaiSAPIO 10Zohmangaihi, DEO, SerchhipSAPIO 11PC Lalngaizuala, DEO, SiahaSAPIO 12Lawmawma, SDEO, KawrthahSAPIO 13TT Laltanpuia, SDEO, ChamphaiSAPIO 14C.Lalbiakzauva, SDEO, Aizawl (E)SAPIO 15R.Lalthanmawia, SDEO, Aizawl (W)SAPIO 16R.Lalthanmawia, SDEO, Aizawl (S)SAPIO 17Laldingliana, SDEO, MamitSAPIOVOL - XLIX Aizawl, Friday 13.11.2020 Kartika 22, S.E. 1942, Issue No. 46 RNI. 27009/1973 Postal Regn.No. NE-313(MZ) 2006-2008 The Mizoram Gazette Published by Authority - 2 - R-46/2020 18R.Laldawngliana, SDEO, Lunglei (N)SAPIO 19R.Laldawngliana, SDEO, LungsenSAPIO 20K.Lalnunfela, SDEO, DarlawnSAPIO 21Lalsikula, SDEO, KolasibSAPIO 22Lalsikula, SDEO, KawnpuiSAPIO 23Micky R.Lalenkawla, SDEO, HnahthialSAPIO 24Vanlalchhana, SDEO, SerchhipSAPIO 25Vanlalchhana, SDEO, ThenzawlSAPIO 26K.Lalsiamliani, SDEO, NgopaSAPIO 27K.Lalsiamliani, SDEO, KhawzawlSAPIO 28H.Sangthanga, SDEO, Lunglei (S)SAPIO 29C.Lalliantluanga, SDEO, W.PhailengSAPIO 30Lalchhanhima Chhangte, SDEO, N.VanlaiphaiSAPIO 31C.Rophira, SDEO, SaitualSAPIO Esther Lal Ruatkimi, Commissioner & Secretary to the Govt. of Mizoram, School Education Department. No. A. 40012/1/2019-C&I/Pt-1, the 26th October, 2020.In the interest of public service, the Governor of Mizoram is pleased to re-employ the following officer under Commerce & Industries Department for a period of 6 (six) months w.e.f. 01.10.2020 against the vacant post shown against his name: Sl.No.Name of OfficerName of post1.V.LalrinawmaDeputy Director (IDW) The pay of the officer on re-employment shall be fixed as per the Central Civil Service (Fixation of Pay of Re-employed Pensioners) Orders, 1986. This issues with the approval of DP&AR(GSW) vide their I.D.No.GSW. 16/2020/1364 dated 16.10.2020. P. Jawahar, IAS Secretary to the Govt. of Mizoram, Commerce & Industries Department. No.A.22012/l/2019-LESDE, the 26th October, 2020.In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following officers under LESDE Deptt. with immediate effect. SI.No.Name & DesignationPresent Place of PostingNew Place of postingRemarks1.Pu T. Thangropianga Deputy Director, Dte of LESDE DLEO, AizawlVice Pu Lalmuanawma transferred 2.Pu LalmuanawmaDLEO, AizawlDeputy Director, Dte of LESDE Vice Pu T. Thangropianga transferred Sl. No.l will move first. Movement of transfer should be completed within 5(five) days from the date of issue of this Notification. Dr. Lalzirmawia Chhangte, Special Secretary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entrepreneurship Deptt. - 3 -R-46/2020 No. A. 22012/20/2009-P&AR (CSW), the 29th October, 2020.On the recommendation of the Mizoram Public Service Commission vide letter No.l6/A/2020-MPSC dated 23.09.2020 and in the interest of public service, the Governor of Mizoram is pleased to promote Er. Vanlaltlana, Selection Grade of MES to Supertime Grade ‘B’ of Mizoram Engineering Service (Power & Electricity Cadre) in the Level 13A of Pay Matrix (corresponding to PB 4 - Rs. 37,400 - 67,000 + GP of Rs. 8,900/ -p.m, pre-revised) plus all other allowances as admissible from time to time with effect from 01.11.2020. Consequent upon promotion of the above officer, the following Chief Engineers under Power & Electricity Department shall be posted at the place as shown against their nam es with effect from 01.11.2020. Sl. No.NamePresent place of postingNew place of postingRemarks1.Er. David C. Zahmuaka Chief Engineer (RE)Chief EngineerVice Er.Vanlalrema Office of E-in-C(System Operation)retiring on 31.10.2020 2.Er. VanlaltlanaSE,Transmission Circle,Chief Engineer (RE)Vice Er. David C. Zahmuaka AizawlOffice of E-in-Ctransferred. R. Lalthazuala, Joint Secretary to the Govt. of Mizoram. No. A. 32013/2/2018-P&E, the 4th November, 2020.In the interest of public service and on the recommendation of Mizoram Public Service Commission (MPSC) vide their letter No.20/A/2020- MPSC dt. 29.10.2020, the Governor of Mizoram is pleased to promoteEr. Lalnithanga, Junior Administrative Grade of MES (Elect) to the Selection Grade of MES (Elect) under Power & Electricity Department on officiating basis in the Level 13 of Pay Matrix plus all other allowances as admissible from time to time with immediate effect. On his promotion, Er Lalnithanga is posted as Superintending Engineer (Design), Office of Engineer-in-Chief, Power & Electricity Department. No. A. 22012/3/95-P&E, the 29th October, 2020. In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following Selection Grade of MES (Elect) as shown against their names with immediate effect. Sl. No.NamePresent place of postingNew place of postingRemarks1.LalbiaksangaSE, SLDC Circle, AizawlSE, Transmission Circle, Aizawl Vice Vanlaltlana promoted 2.J.H. Lalthangliana SE (Design), Office of E-in-C SE, SLDC Circle, AizawlVice Lalbiaksanga transferred The movement of transfer should be completed within 15 (fifteen) days from the date of issue of this Notification. No. A. 32013/2/2018-P&E/Loose, the 4th November, 2020.In the interest of public service, the Governor of Mizoram is pleased to regularise the officiating promotion ofEr. R. Lalchhanhima, Selection Grade of MES (Elect) vide this Department No.A.32013/2/2018-P&E/Loose dt.29.09.2020 against the post of Selection Grade of MES under Power & Electricity Department in the Level 13 of Pay matrix with effect from 29.09.2020. Er R. Lalchhanhima will remain in his post as Superintending Engineer (Planning), Office of Chief Engineer (Distn), Power & Electricity Department. Biaktluanga, IAS Commissioner Secretary to the Govt. of Mizoram, - 4 - R-46/2020 Power & Electricity Department. No. A-19019/36/93-EDN/61, the 9th November, 2020. On attaining the age of 60 years, the Governor of Mizoram is pleased to release Pu Lalnuntluanga Hnamte, Principal, DIET Aizawl from Government service with effect from the afternoon of 31.12.2020 on superannuation pension. Esther Lal Ruatkimi, Commissioner & Secretary to Govt. of Mizoram, School Education Department. No. A. 38017/1/2013-F. Est/14, the 10th November, 2020.The Governor of Mizoram is pleased to release Pu Chuangkima Chhangte, Accounts Officer, Siaha Treasury from service on Voluntary Retirement from the forenoon of 01.01.2021 subject to the condition that all codal formalities are ensured and that the outstanding liabilities on loans/advances, if any, and the mode of their repayment are clearly specified in the pension payment order (PPO). Lalthansanga, Secretary to the Govt. of Mizoram, Finance Department. No. A. 19018/467/2016-HMP, the 10th November, 2020.Upon his attaining the age of superannuation, the Governor of Mizoram is pleased to release Pu H. Lalrinawma, Junior Grade of MPS, Assistant Commandant, 1st Bn. MAP from Government service with effect from the afternoon of 30.11.2020. No. A. 19018/468/2016-HMP, the 10th November, 2020.Upon his attaining the age of superannuation, the Governor of Mizoram is pleased to release Pu Sawmzela, Junior Grade of MPS, Assistant Commandant, 3rd Bn. MAP from Government service with effect from the afternoon of 30.11.2020. Lalbiaksangi, Secretary to the Government of Mizoram, Home Department. No. A. 22012/5/2007-P&E, the 11th November, 2020.In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following Junior Administrative Grade & Senior Grade of MES (Elect) as shown against their names with immediate effect. Sl. NoNamePresent place of postingNew place of postingRemarks1.Zodingliana,Executive Engineer, PowerExecutive Engineer,Vice Lalnithanga JAGMaintenance Division-I, Lunglei Generation Division, Aizawlpromoted 2.Zothansanga, Executive Engineer (P),Executive Engineer,Vice Zodingliana Senior GradeOffice of Lunglei Power Circle Power Maintenance Division-II, Lunglei transferred Sl.No.l shall move first. The movement of transfer should be completed within 15 (fifteen) days from the date of issue of this Notification. Biaktluanga, IAS Commissioner Secretary to the Govt. of Mizoram, Power & Electricity Department. - 5 -R-46/2020 No. A. 23021/5/2019-HTE, the 11th November, 2020. As provided by the Govt. of Mizoram Regularization of Contract Employees Scheme, 2008 and on the recommendation of the Mizoram Public Service Commission vide letter No. 16/A/2019-MPSC dated 29.10.2020 conveyed by DP&AR(GSW) vide I.D.No.A.32013/7(2)/2019-P&AR(GSW) dated 04.11.2020 and subject to production of Medical Fitness Certificate and Police Verification, the Governor of Mizoram is pleased to regularize the service of 2(two) Contractual Assistant Professors to Assistant Professor (Stage-1) in the Level 10 of Pay Matrix in accordance with UGC Regulations, 2018 with effect from the date of issue of this Notification. As provided under the Govt. of Mizoram Regularization of Contract Employees Scheme, 2008 dated 06.08.2008 and its subsequent amendments read with Mizoram Government Employees (Counting of Past Service) Rules, 2020 dated 28.05.2020, past services rendered by the following contract employees on contract basis shall be regulated by the above mentioned provisions in service matters such as pay, leave, pension and placement to higher grade/promotion. As provided under Clause 11.0 of UGC Regulations, 2018, they will be on probation for a minimum period of 1 (one) year extendable by a maximum period of l(one) more year in case of unsatisfactory performance and non- fulfillment of other conditions as prescribed by the Government from time to time. The newly regularized Assistant Professor (Stage-1) as shown below shall continue and report to the place of posting as shown against their name :- Sl. Name & AddressName of Deptt/Place of posting asDate of Joining No.Subject contract Asst. Professor on Contract basis (1) (2)(3)(4)(5) 1.R. LalmawipuiiComputer ScienceGovt. Zirtiri28.05.2008 D/o R. Biaksanga Falkland, AizawlRes. Science College 2.Lalhruaitluanga S/o G. ThuamlianaComputer ScienceGovt. Zirtiri28.05.2008 Ramthar Veng, Aizawl Res. Science College This issues with the approval of DP&AR(ARW) vide their I.D.N0.ARW/HTE- A/2020-202l/ C-91 dated 17.07.2020 and concurrence of Finance Department vide their I.D.No.FIN(E)239/2020 dated 25.08.2020. Lalrinsanga, Addl. Secretary to the Govt. of Mizoram. No. A. 22013/1/2011-COOP, the 11th November, 2020.In the interest of public service, the Governor of Mizoram is pleased to order transfer and posting of the following Assistant Registrar Cooperative Societies(ARCS) and Cooperative Audit Officer(CAO) as shown below with immediate effect and until further orders. Sl. No.Name of OfficersPresent place of postingNew place of posting1.Pu C.Lalbethlehema. ARCS ARCS Office, ChamphaiRCS Office 2..Pu Vanlalhruaia, CAOARCS Office, ChamphaiTo take charge of ARCS, Champhai in addition to his normal duties except financial matters. 3.Pu Lalchhuanawma, CAOARCS Office, ChamphaiTo be attached at ARCS Office, Mamit Pu Lalmalsawma ARCS, Aizawl East to take the charge on financial matter of ARCS Office, Champhai in addition to his normal duties. - 6 - R-46/2020 The above officers should join their respective new place of posting within 15 days from the date of issue of this order. Dr. Lalzirmawia Chhangte, Special Secretary to the Govt. of Mizoram, Cooperation Department. No. A.12035/5/2018-PHE, the 11th November, 2020. In the interest of Public Service, the Governor of Mizoram is pleased to order repatriation of Er H.Duhkima, SE, PHE Department deputed as State Co-ordinator, Water Sanitation Support Organisation (WSSO) to his parent Department i.e PHE Department with effect from 1.12.2020. On his repatriation from WSSO, he is posted as Superintending Engineer Sewerage & Sanitation Circle. Lalmuanzova, Secretary to the Govt. of Mizoram, Public Health Engineering Department. PART - II (A) Resolutions, Regulations, Orders, Notifications, Rules and Acts, Awards of Tribunal, Requisition, Acquisition and declaration relating to Land and Forest etc., by the State Govt. and Head of Departments. NOTIFICATIONS No. A. 12025/2/2005-LE&IT, the 23rd October, 2020.In the interest of public service, the Governor of Mizoram is pleased to order inclusion of the following papers with marks in the Syllabus for written examination for recruitment of Assistant Labour Officer (Group ‘B’ Gazetted) under Labour, Employment, Skill Dev. & Entrepreneurship Deptt. as below. Dr. Lalzirmawia Chhangte, Special Secretary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entrepreneurship Deptt. DRAFT SYLLABUS FOR RECRUITMENT OF ASSISTANT LABOUR OFFICER (GROUP ‘B’ GAZETTED) The Examination will comprise of the following papers: 1General English Paper-I100 Marks 2General English Paper-II100 Marks 3Law Paper-I200 Marks 4Law Paper-II200 Marks 5Law Paper-Ill200 Marks Syllabus for General English Paper-I & II need not be prepared as the Commission’s existing syllabus for Group A ‘posts can be used for this post. - 7 -R-46/2020 TECHNICAL PAPERS I - III ILaw Paper-I I)Constitution of India 1950 : 70 Marks 1Preamble, Nature of the Indian Constitution, Citizenship10 Marks 2Fundamental Rights & Duties. Directive principles of state policy15 Marks 3Union and State executive, parliament, Judiciary.15 Marks 4Relations between Union and States10 Marks 5Schedules to the Constitution10 Marks 6Amendments to the Constitution10 Marks II) Code of Civil Procedure 1908 : 65 Marks lJurisdiction of Courts, Principles of Res subjudice and Res judicata10 Marks 2Place of Suing, Power to transfer suits, Execution of Decree/Order10 Marks 3Suits by or againts Government, Minor and Unsound mind10 Marks 4Appeals, Reference, Revision and Review10 Marks 5Parties of suit, Amendment of pleadings, Death of parties10 Marks 6Appearance of parties and consequences of non-appearance10 Marks 7Summary procedure5 Marks III) Indian Contract Act 1872 : 65 Marks lCommunication, Acceptance and Revocation of Proposals10 Marks 2Contracts, Void agreements, Voidable and Contingent contracts15 Marks 3Performance, of contracts and Consequences of breach of contracts15 Marks 4Indemnity and Guarantee, Bailment10 Marks 5Certain relations resembling those created by contract10 Marks 6Agency appointment and Authority of agency5 Marks 2Law Paper-II I)Indian Penal Code 1860 : 70 Marks 1Principles and Preliminary of crimes, strict liability10 Marks 2General Exceptions (including Right of Private Defence)10 Marks 3Joint and Vicarious Liability10 Marks 4Offences relating to human body10 Marks 5Crime againts women10 Marks 6Offences againts property10 Marks 7Defamation; Offences relating to documents and property marks10 Marks II) Code of Criminal Procedure 1973 : 65 Marks 1Powers of courts10 Marks 2Search, Seizure and arrest of persons10 Marks 3Investigation and the procedure10 Marks 4Process to compel appearance10 Marks 5Trials of Warrant cases, Summons cases and summary trial10 Marks 6Appeals, Reference and Revision10 Marks 7Transfer of cases5 Marks - 8 - R-46/2020 III) Indian Limitation Act 1963 : 65 Marks 1Defenitions5 Marks 2Limitation of suits10 Marks 3Limitation of Appeals and Applications10 Marks 4Computation of period of limitation15 Marks 5Acquisition of ownership by possession10 Marks 6Schedule period of limitations15 Marks 3Law Paper-III lThe Minimum Wages Act, 1948.10 Marks 2The Inter State Migrant Workmen (Regulation of Employee10 Marks & Condition of Services) Act, 1979. 3The Building & Other Construction Workers (Regulation of20 Marks Employment & Conditions of Service) Act, 1996 4The Factory Act, 1948.10 Marks 5The Maternity Benefit Act, 1961.10 Marks 6The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.30 Marks 7The Contract Labour (Regulation & Abolition) Act, 1970.10 Marks 8The Building & Other Construction Workers’ Welfare Cess Act, 1996.30 Marks 9The Building & Other Construction Workers’ Welfare Cess Act, 1998.20 Marks No. A. 32015/9/2013-PWD(E), the 9th November 2020.The competent authority hereby notifies upgradation of 14(fourteen) posts of Jr. Grade MES(Civil) under PW Cadre in the Level 10 of the Pay Matrix to Sr. Grade MES (Civil) in the Level 11 of the Pay Matrix as detail shown below :- Sl.No.Name of OfficeNo. of PostNew Nomenclature on UpgradationOrder No & Date1Engineer-in- Chief4(i) Executive Engineer, (Bridge,No.G.20011/3/2001-PW Road Safety & Traffic Engineer)dt. 4.9.2003 (ii) Executive Engineer (EAP) (iii) Executive Engineer, (Social & Environment) (iv) Executive Engineer (PMGSY) 2C.E. Roads2(i) Executive Engineer,No.A.11019/1/95- PW ‘A’ (Quality Control & Design)dt. 18.2.1999 (ii) Executive Engineer (PMGSY) 3C.E. Buildings2(i) Executive EngineerNo.G.20011/3/2001- PW (Quality Control & Monitoring)dt. 4.9.2003 (ii) Executive Engineer (Planning) 4C.E. Highway2(i) Executive Engineer,No.A.11019/1/95- PW ‘A’ (Quality Control & Design)dt. 18.2.1999 (ii) Executive Engineer, (Contract Management) 5S.E. Central Circle1(i) Executive Engineer, (Works)No.PWM/53/73/186 dt. 20.1.1978 6S.E. Eastern Circle, Aizawl 1(i) Executive Engineer, (Works)No.PWE.12/84/10 dt. 14.09.1984 7S.E. Western Circle1(i) Executive Engineer, (Works)No.PWE. 12/72/177 dt. 23.10.1979 8S.E. Lunglei Cirlce1(i) Executive Engineer, (Works)PWM. 53/73/186 dt. 20.1.1978 - 9 -R-46/2020 This upgradation of the above posts is issued with the approval of DP&AR (ARW) vide ID No.ARW/PW-8/2020-2021/D-142 dated 08.09.2020 and concurrence of Finance Department vide ID No.FIN(E) 278/2020 dt. 05.10.2020. J.C. Ramthanga, Addl. Chief Secretary to the Govt. of Mizoram, Public Works Department. PART - IX Advertisements, Notices (Tender Notices), Advertisements for the post and vacancies etc. Registration and Liquidation and Merger Notification of Co-operative Societies by the State Government. NOTIFICATIONS No. B. 14016/27/2020-RFS/28, the 16th October, 2020. It is hereby notified for general information of all concerned that in pursuance of Section 8 of the Mizoram Societies Registration Act, 2005 (Act No. 13 of 2005) Mercy Multipurpose Centre having office at Bawngkawn, Aizawl, Mizoram has been registered on 16.10.2020 and numbered as MSR - 1193 No. B. 14016/34/2020-RFS/30, the 16th October. 2020. It is hereby notified for general information of all concerned that in pursuance of Section 8 of the Mizoram Societies Registration Act, 2005 (Act No. 13 of 2005) Faith Society having office at Mc.Donald Hill, Zarkawt, Aizawl, Mizoram has been registered on 16.10.2020 and numbered as MSR -1194 No. B. 14016/144/2019-RFS/45, the 16th October. 2020.It is hereby notified for general information of all concerned that in pursuance of Section 8 of the Mizoram Societies Registration Act, 2005 (Act No. 13 of 2005) Geriatric Society of Mizoram having office at Luangmual Vengthlang, Aizawl, Mizoram has been registered on 16.10.2020 and numbered as MSR- 1195. No. B. 14016/33/2020-RFS/40, the 21st October, 2020. It is hereby notified for general information of all concerned that in pursuance of Section 8 of the Mizoram Societies Registration Act, 2005 (Act No. 13 of 2005) Fairel Food Processing Society having office at Bethany, Chhinga Veng, Aizawl, Mizoram has been registered on 21.10.2020 and numbered as MSR - 1196. No. B. 14016/33/2020-RFS/30, the 26th October, 2020. It is hereby notified for general information of all concerned that in pursuance of Section 8 of the Mizoram Societies Registration Act, 2005 (Act No. 13 of 2005) Managing Board, Alpha World School having office at Khatla, Aizawl, Mizoram has been registered on 26.10.2020 and numbered as MSR-1197. Kailiana Ralte, Registrar, Firms & Societies, Mizoram : Aizawl. - 10 - R-46/2020 No. B. 14015/620/20-ARCOOP(L)/1-11, the 22nd October, 2020.Under Section 10(2) of the Mizoram Cooperative Societies Act, 2006 a Cooperative Society under the name of the Ramthar Poultry Cooperative Society Ltd. in the District of Lunglei, Mizoram, have been registered in my Office and numbered as L-651/2020-2021 Dated this the Twenty two day of October of the year two thousand tweenty. Anno Domini. No. B. 14015/622/20-ARCOOP(L)/1-11, the 22nd October, 2020.Under Section 10(2) of the Mizoram Cooperative Societies Act, 2006 a Cooperative Society under the name of the Pukpui Poultry Cooperative Society Ltd. in the District of Lunglei, Mizoram, have been registered in my Office and numbered as L-653/2020-2021 Dated this the Twenty two day of October of the year two thousand tweenty. Anno Domini. No. B. 14015/633/20-ARCOOP(L)/1-11, the 22nd October, 2020.Under Section 10(2) of the Mizoram Cooperative Societies Act, 2006 a Cooperative Society under the name of the Dawn Women Piggary Poultry Cooperative Society Ltd. in the District of Lunglei, Mizoram, have been registered in my Office and numbered as L-666/2020-2021 Dated this the Twenty two day of October of the year two thousand tweenty. Anno Domini. No. B. 14015/635/20-ARCOOP(L)/14, the 7th October, 2020.Under Section 10(2) of the Mizoram Cooperative Societies Act, 2006 a Cooperative Society under the name of the Vanhne Multi Farming Cooperative Society Ltd. in the District of Lunglei, Mizoram, have been registered in my Office and numbered as L-667/2020-2021 Dt 07.10.2020 Dated this the Seventh day of October of the year two thousand tweenty. Anno Domini. Assistant Registrar, Cooperative Societies, Lunglei, Mizoram.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

NOTIFICATIONNo. A.35019/2/2013-LESDE, the 3rd October, 2020.In exercise of the powers conferred under sub-section (3) of Section 3 of the Mizora m Youth Commission Act , 2008, the Governor of Mizora m is pleased to appoint, the following as members of the Mizoram Youth Commission with immediate effect for a period of three years. Sl. NoNameDesignation 1Pu La lhmingma wia Ralte IRSJoint Commissioner, GST Mizoram 2Pu V. Lalengmawia MCSDirector, Tourism Deptt., Mizoram 3Dr. Lalrinchhana MPE&SSDirector, Economics & Statistics Deptt., Mizoram Dr.Lalzirmawia Chhangte Special Secretary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entreprenuership Deptt. The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIX Aizawl, Wednesday 11.11.2020 Kart ika 20, S.E. 1942, Issue No. 676Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIX Aizawl, Tuesday 3.11.2020 Kart ika 12, S.E. 1942, Issue No. 668 NOTIFICATIONNo. B. 13017/4/2019-LESDE, the 26th October, 2020.In supercession of this Department’s Notification No. B. 16012/4/2017-LE&IT dated 20.06.2019 and in exercise of the powers conferred by Section 18 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Governor of Mizoram is pleased to reconstitute the Mizoram Building and Other Construction Workers Welfare Board consisting of the following members wifh immediate effect: 1.Minister, LESD & E Deptt.- Chairperson 2.Special Secretary, LESD & E Deptt.- Vice Chairperson 3.Director, LESD & E Deptt.- Member Secretary 4.A person to be nominated by the Central Government- Member 5.Representatives of the State Government i)Representative of Finance Department- Member ii) Representative of Law Department- Member 6.Four persons representing Employers of BOCW as per Rule 253 i)Representative of Public Works Department- Member ii) President, Joint Mizoram Contractor Association- Member iii) Manager, Lushai Engineer, Ramhlun South- Member iv) Manager, NorthEast Consultancy Service (NECS), Dawrpui West - Member 7.Five persons representing the BOCW as per Rule 253 i) President, National Trade Union of Mizoram- Member ii) President, Federation of Mizoram Trade Union- Member iii) President, Centre of Indian Trade Union Mizoram- Member iv) President, Mizoram Mistiri Association- Member v)Pi Vanlalrengpuii, Venghnuai, Aizawl. Mizoram- Member 1.TERMS OF OFFICE: 1)Each member shall hold office for three years or till he/she holds the office of the post and remains a member of the Trade Union or Organisation he/she represents as the case may be whichever is earlier. 2)Where the appointment of the successor of any such member has not been notified by the Government on or before the expiry of the said period of three years, such member shall continue to hold such office until notified by the Government. 3)The Board shall meet at such time and place and observe such rules or procedure in regards to the transaction of business at its meeting as may be prescribed and submit report to the State Secretary (Labour) 4The Chairperson, if, for any reasons, is unable to attend a meeting of the Board, any member nominated by the Chairperson in this behalf and in the absence of such nomination, any member elected by the members present from amongst themselves at the meeting, shall preside over the meeting. 5)Any question which comes up before any meeting of the Board shall be decided by a majority of votes of the members present by voting, and in the event of equality of votes, the Chairperson or in his/her absence, the person presiding, shall have a second or casting vote. 6)The Board will comply with the instructions/orders/circulars issued by the Govt. of Mizoram from time to time with regard to personnel, financial and other matters. 2.FUNCTIONS OF THE BOARD: 1)The Board may- a)provide immediate assistance to a beneficiary in case of accident; b)make payment of pension to the beneficiaries who have completed the age of sixty years; c)sanction loans and advances to a beneficiary for construction of house, not exceeding such amounts and on such term and conditions as may be prescribed; d)pay such amount in connection with premia for Group Insurance Scheme of the beneficiaries as it may deem fit; e)give such financial assistance for the education of children of the beneficiaries as may be prescribed; f)m eet s u ch m ed i cal ex p en s es fo r t r eat m en t o f m aj o r ai l m e n t s o f a b e n efi ci ar y o r s u ch dependent, as may be prescribed; g)make payment of maternity benefit to the female beneficiaries; h)make provision and improvement of such other welfare measures and facilities as may be prescribed; i)take all necessary action to comply with the directions and advice of Central Government with the regard to implementation of Building & Other Construction Workers (RECS) Act, 1996 and Rules frame thereunder and also of the Building & Other Construction Workers Cess Act, 1996 and Rules framed there under 2)The Board may grant loan or subsidy to a local authority or an employer as may be approved by the State Government towards welfare of building workers. 3)The Board may also pay grant-in-aid to a local authority or to an employer for the benefit of the Building workers and their family members, subject to conditions and limit as may be prescribed by the State Government. 4)The Board may pay sitting allowance to the members present in its meeting and the amount which may be as prescribed from time to time. The other terms and conditions of the Mizoram Building and Other Construction Workers Board shall be prescribed by the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Rules made there under. Dr. Lalzarmawia Chhangte Spl. Secretary to the Govt. of Mizoram, Labour, Employment, Skill Dev. & Entrepreneurship Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 2 - Ex-668/2020

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Thursday 29.6.2017 Asadha 8, S.E. 1939, Issue No. 284 NOTIFICATIONNo.B.14011/2/2017-LE&IT, the 28th June, 2017.In the interest of public service the Governor of Mizoram is pleased to constitute the Mizor am Employees’ State Insurance Society (MESIS ) in Mizoram with the following composition : 1.Commissioner & Secretary, LESD & ED-Chairperson 2.Principal Director, H&FW-Vice Chairman 3.Sr. State Medical Commr, Guwahati-CEO/ Member S ecy. 4.Director, LESD & ED-Addl. CEO. 5.ESIC Nominee.-Member 6.Dy. Labour Commissioner, LESD & ED-Member 7.Employer R epresentatives :- Presidents of the following Associations, a) P rivate School Owners Assn. b) P rivate Hospital Owners Assn. c) Mizoram Automobile Wor kshop Owners Assn.-M emb er s 8.Employees Representatives :-M emb er s President, NTUM/F OMTU/C ITUM 9.Govt. of India nominee-M emb er. 10. Regional Dir ector, ESIS Guwahati-M emb er. The terms shall of the board sha ll be 3(three) Years. Reference and functions of the members of the Society sha ll be a s per t he provisions under Health Ca re body in terms of S ection 58(5) of ESI Act 1948, to the Employees’ Sta te Insurance C orporation for adminis tration and ma nagement of medical benefits and medical establishment presently under Employees’ State Insura nce Scheme. Benjamina, Commissioner &Secretary to the Govt. of Mizoram, Labour Employment Skill Dev. & Enterpreneurship Deptt. Published and Issued by the Controller, Printing & Stationery, Mizoram Printed at the Mizoram Government Press, Aizawl C-50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATION No. B. 16012/4/2017-LE&IT, the 7th June, 2017.In supersession of this Department’s Notifica tion No. B. 16012/2/2011-LE&IT dated 13.05.2014 and in exercise of the powers conferred by section 18 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Governor of Mizoram is pleased to reconstitute the Mizoram Building and Other Construction Workers Welfare Boa rd consisting of the following members with immediate effect : 1.Commr. & Secretary, Labour, Employment & Industr ial Training Deptt. - Chairman 2.Director, La bour, E mployment & Industrial Training Department- Member 3.Depu ty Labour Commissioner, LE&IT Department- Member Secretary 4.Dy. Director, Regional Labour Institute, Lake Town, Calcutta-700089- Member 5.Repr esentative of Finance Department, Government of Mizoranm- Member 6.Joint Director, La bour, Employment & Induatrial Training Deptt.- Member 7.Engineer-in-Chief, Public Works Department, Govt. of Mizorm- Member 8.Engineer-in-Chief, Power & Electricity, Govt. of Mizoram- Member 9.Engineer-in-Chief, PHE Department, Govt. of Mizoram- Member 10.President, Joint Mizoram Contractors Associa tion- Member 11.President, Nationa l Trade Union of Mizoram- Member 12.President, Federation of M izoram Trade Union- Member 13.President, Centre of Indian Trade Union Mizoram- Member 14.President, Mizoram Mistiri Associa tion- Member 15.Ms. Vanlalhruaitluangi. PWD Office, C.E. Building, Tuikhuahtlang,- Member Aizawl, (Woman member). 1.TERMS OF OFFICE : (1)Each member shall hold office for three years or till he/she holds t he office of the post and remains a member of the Trade Union or Organisation he/she represents as the case may be whichever is earlier. (2)Where the appointment of the successor of any such member has not been notified by the Government on or before the expiry of the said period of thr ee year s, such member shall continue to hold such office until notified by the Government. (3)The Board shall meet at such time and pla ce and observe such rules or procedur e in regards to the transaction of business at its meeting as may be prescribed and submit report to the State Secretary (Labour). VOL - XLVI Aizawl, Friday 9.6.2017 Jyaistha 19, S.E. 1939, Issue No. 255 - 2 - Ex-255/2017Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 (4)The Chairperson, if, for any reasons, is unable to attend a meeting of the Board, any member nominated by the C hairperson in this behalf and in the absence of such nomination, any member elected by the members pr esent from amongst themselves at the meeting, shall preside over the meeting. (5)Any question which comes up before any meeting of the Board shall be decided by a majorit y of votes of the members present and voting, a nd in the event of equality of votes, the Chairperson or in his/her absence, the person presiding, shall have a second or ca sting vote. (6)The Board will comply with the instructions/orders/circu lars issued by the Govt. of Mizorani from time to time with r egard t o personnel, financial and other matters. 2.FUNCTIONS OF THE BOARD (1).The Board may - a ) provide immediate assistance to a beneficiary in case of accident; b) make payment of pension to the beneficia ries who have completed the a ge of sixty years; c ) sanction loa ns and advances to a beneficiary for construction of house, not exceeding such amounts and on such term and conditions as may be prescribed; d) pay such amount in connection with Premia for Gr oup Insurance S cheme of the beneficia ries as it may deem fit; e ) give such financial assistance for the education of children of the beneficia ries as ma y be pr escribed; f) meet such medical expenses for tr eatment of major ailments of a beneficiary or such dependant, as ma y be p rescribed; g) make payment of maternity benefit to the female beneficiar ies; h) make provision and improvement of such other welfare measures and facilities as may be prescribed; i) take all necessary action to comply wit h the directions and a dvice of Centr al Government with regard to implementation of Building & Other Construction Workers (RECS) Act. 1996 and Rules framed thereunder and also of the Building & Other Construction Workers Cess Act, 1996 and Rules framed thereunder. (2)The Board ma y grant loan or subsidy to a local authority or an employer as may be approved by the State Government towards welfare of building workers. (3)The Board ma y also pay gra nt-in-aid to a local authority or to an employer for the benefit of the Building wor kers and their family members, subject to conditions and limit as may be prescribed by the State Government. (4)The Board ma y pay sitting a llowance to the members present in it s meeting and the amount of which may be as prescribed from time to time. The other terms and conditions of the Mizoram Building and other Construct ion Wor kers Boar d sha ll be as pr escribed by the Building and Other Construction Workers (R egula tion of Employment a nd Conditions of Service) Act . 1996 a nd Rules made there under. Benjamina, Commissioner & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Department.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. A. 38011/4/2014-LE&IT, the 23rd August, 2016.In exercise of the power conferred by sub-section (1) of section 15 of the Payment of Gratuity Act, 1972 (39 of 1972), the Governor of Mizoram is pleased to make the following Rules, namely the Payment of Gratuity (Mizoram) Rules, 2015 and they shall come into for ce with effect from the date of publication in the Government Gazette. Benjamina, Commr. & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. THE PAYMENT OF GRATUITY (MIZORAM) RULES, 2015 1 . Short title and commencement:- (1) These Rules may be called the Payment of Gratuity (Mizoram) Rules, 2015. (2) They shall come into force with effect from the date of publication in the Government Gazette. 2 . Definition:-In t hese Rules unless there is anything repugnant in the subject or cont ext— (a) “Act”means the Payment of Gratuity Act, 1972; (b) “Appellate Authority”means the State Government or the author ity specified by the State Government u nder sub-section (7) of Section 7; ( c ) “for m”means a for m appended to t hese Ru les; (d) “nomination” means nomination made under Section 6; (e) “section ”means a section of the Act; (f) Words and expressionsused but not defined in t hese Rules sha ll have the meaning r espectively assigned to them in the Act. 3 . Notice of opening, change or closure of the establishment:- (1) (i) Every employer of an establishment to which these Rules apply shall, within thirty days from the date of the publication of these Rules in the Official Gazette; and (ii) Every employer of an establishment to which these Rules become applicable shall, within thirty days from the date such Rules become applica ble; submit a notice inForm “A”to the Controlling Author ity. VOL - XLV Aizawl, Thursday 1.9.2016 Bhadrapada 10, S.E. 1938, Issue No. 309 - 2 - Ex-309/2016 (2) A notice inForm “B”shall be su bmitted by the employer to the Controlling Authority of the area within thirty days of any cha nge in the name, address, employer or nature of business. (3) Wher e an employer intends to close down the business, he shall submit a notice inForm “C” to the Contr olling Authority of the area at least sixty days before the intended closure. 4 . Display of Notice:- (1) The employer shall display conspicuously a notice at or near the main entrance of the esta blishment in bold letters in Englis h and in a language understood by the majority of the employees specifying the name of the officer with designa tion authorised by the employer to receive on his behalf notices under the Act or the Rules. (2) A fresh notice shall be displayed immediately after the notice referred to in sub-rule (1) becomes illegible or requir es a cha nge. 5 . Form of notice under proviso to Section 2 (h) (ii):- (1) The notice under pr oviso to sub-section (h) (ii) of Section 2 shall be inForm “D”and sent in triplicate by the employee to the employer, who shall, after recording its r eceipt on one copy thereof, return the copy to the employee and send the second copy to the Controlling Authority of the area. (2) An employee may withdraw the notice referr ed to in sub-rule (1) by giving another notice in triplicate inForm “E”to t he employer who shall follow the sa me procedure as in sub-rule (1). 6 . Nominations:- (1) The nomination for the pur pose of the second proviso to sub-section (1) of Section 4 shall be in Form “F”and shall be submitted in duplicate by personal service by the employee, after taking proper receipt or by sending through registered post acknowledgement due to the employer, - (i)in the case of an employee who is already in employment for a y e a r or more on the date of commencement of these Rules, ordinarily within ninety da ys from the date of publication of these Rules in the Official Gazette; and (ii) in the case of an employee who completes one year of service after the date of publication of t hese Rules in the Official Gazette or dinarily, within thirty days from the completion of one yea r of service: Provided thatnomination inForm “F”sha ll be accepted b y the employer after t he specified period, if filed with reasonable grounds for delay, and no nomination so accept ed shall be invalid merely becau se it wa s filed after t he specified per iod. (2) Within thirty days of the receipt of a nomination inForm “F”under sub-rule (1), the employer shall get the service particulars of the employee, as mentioned in the form of nomination, verified , with reference to the records of the establishment and return to the employee, a fter obta ining a receipt thereof the duplicate copy of the nomination inForm “F”duly attested either by the employer or an officer authorized in this behalf by him, as a token of recording of the nomination by the employer a nd the other copy of the nomination shall be recor ded. (3) An employee who ha s no fa mily at the time of making a nomination sha ll, within ninety days of acquiring a family, submit in the manner specified in sub-rule (1), a fresh nomination, as required under sub-section (4) of Section 6, in du plicate inForm “G”to t he employer and ther ea fter the provisions of sub-rule (2) shall applymutatis mutandis as if it was made under sub-rule (1). (4) A notice of modification of a nomination, including cases wher e a nominee predeceases an employee, shall be submitted in duplicate, inForm “H” to the employer in the manner specified in sub- rule (1), and thereafter the provisions of sub-rule (2) shall apply mutatis mutandis as if it was made under sub-rule (1). (5) A nomina tion or a fresh nomination or a notice of modification of nomination shall be signed by the employee or, if illiterate, shall bear his thumb impression in the presence of two witnesses, who shall also sign a declaration to that effect in the nomination, fresh nomination or notice or modification of nomination, as the case may be. (6) A nomination, fresh nomination or notice of modification of nomination shall take effect from the da te of receip t ther eof by the employer. 7 . Application for Gr atuity:- (1) An employee who is eligible for payment of gratuity under the Act, or any person authorized in writing to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, inForm “I”to t he employer : Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement. (2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of Section 4 shall apply ordinarily within thir ty days from the date the gratuity became payable to him, inForm “J”to t he employer : Provided thatan application in plain paper with relevant particulars shall also be accepted and the employer may obta in such other particulars as may be deemed necessary by him. (3) A legal heir of employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of Section 4 shall apply ordina rily within one year from the date the gratuity became payable to him, inForm “K”to t he employer. (4) Wher e gr atu ity becomes payable under the Act befor e the commencement of these Rules, the periods of limitation specified in sub-rules (1), (2) and (3) shall be deemed to be operative from the date of such commencement. (5) An a pplication for payment of gra tuity filed aft er the expiry of periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient ca use for the delay in pr eferring his claim, and no claim for gratuity under the Act shall be invalid merely beca use the claimant failed to pr esent his application within the specified period. Any dispute in t his regard sha ll be referred to the Controlling Authority for his decision. (6) An a pplication under this Rule sha ll be pr esented to the employer by personal s ervice or by registered post acknowledgement due. 8 . Notice for payment of gratuity:- (1) Within fifteen days of the receipt of an application under Rule 7 for payment of gr atuity, the employer sha ll – (i) if the claims is found admissible on verifica tion, issue a notice inForm “L”to the applicant employee, nominee, or legal heir, as the case may be, specifying the amount of gratuity pa yable a nd fixing a da te, not being later than the thirtieth day after the date of receipt of the application, for payment thereof, or (ii) if t he claim for gratuity is not found admissible, issue a notice inForm “M”to the applicant employee, nominee or legal heir, as the case may be, specifying the reasons why the cla im for gratuity is not considered admissible. In either ca se, a copy of the notice shall be endorsed to the Controlling Author ity. (2) In case payment of gratuit y is due to be made in the employer ’s office, date fixed for the purpose in the notice inForm “L”under Clause (i) of sub-rule (1) of Rule 8 shall be refixed by the employer if a written application in this behalf is made by the payee explaining why it is not possible for him to be present in person on the date specified.- 3 -Ex-309/2016 (3) If the claimant for gratuity is a nominee or a legal heir, the employer may asks for such wit ness or evidence as may be deemed relevant for establishing his identity or maintainability of his claim, as the case may be. In that case, the time limit specified for issue of notice under sub- rule(1) shall be operative with effect from the date such witness or evidence, as the case may be, called for by the employer is furnished to the employer. (4) A notice inForm “L”orForm “M”shall be served on the applicant either by personal service after taking receipt or by registered pos t with a cknowledgement due. (5) A notice under sub-section (2) of Section 7 shall be inForm “L”. 9 . Mode of payment of gratuity:-The gratuit y payable under the Act shall be paid in cash or, if so desired by t he payee, in a demand draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be: Provided thatin a case the eligible employee, nominee or legal heir, as the case may be, so desires and the amount of gratuit y payable is less than one thousand r upees, payment may be made by postal money or der aft er deducting the pos tal money order commission therefore from the amount paya ble: Provided further that int imation about the details of payment shall also be given by the employer to t he Controlling Authority of the a rea. 10 . Application to controlling authority for direction:- (1) if an employer- (i)refuses to a ccept nomination or to entertain an application sought to be filed under Rule 7; or (ii) issues a notice under sub-rule (1) of Rule 8 either specifying an amount of gratuity which is considered by the applica nt less than what is payable or rejecting eligibilit y to payment of gratuity; or (iii) having received an applica tion under Rule 7 fails to issue any notice as required under Rule 8 within the time specified therein; the claimant employee, nominee or legal heir, as the case may be, may, within ninety days of the occurrence of the cause for the application, apply inForm “N” to t he Controlling Authority for issuing a direction under sub-section (4) of Section 7 with as many extra copies as a re part ies to t he disp ute: Provided thatthe Controlling Authority may accept any application under this sub-r ule, on sufficient cause being shown by the applicant, after the expiry of the specified per iod. (2) Application under s ub-rule (1) and other documents relevant to such an a pplication shall be presented in person to the Controlling Authority or shall be sent by registered post acknowledgement due. 11. Production of documents:- (1) When an application under Rule 10 is based upon any document or documents, the same a long with a list thereof shall be appended to the a pplication. (2) Any relevant documents, other tha n those mentioned in sub-rule (1) or in the notice inForm “O”which any party desires t o render in evidence, shall be produced at or before the date fixed for hearing a long with a lis t thereof and with as many extra copies as a re opposite par ties to the dispute. (3) Any document which is not produced at or within the time specified in sub-rules (1) and (2), as the case may be, shall not, without the permission of the Contr olling Authority, be a dmissible in evidence on behalf of the party who have produced it.- 4 - Ex-309/2016 (4) Nothing in this Rule applies to a ny docu ment which is produced for the purpose of cr oss- examining a witness or is handed to a witness to refresh his memory. (5) If a ny document is either written in pencil or is torned or in damaged condition, a clear note to that effect shall be made in the list a nd such document shall be brought to the notice of the Controlling Authority. The said Authority shall, if he deems it necessa ry, ask for a true copy of such document either written in ink or typed. (6) Every document tendered in evidence by or on behalf of the employee shall be denominated as Exhibit “U” and be given serial number accordingly. Every document tendered in evidence by or on behalf of the employer shall be denominated as Exhibit “C” and be given s erial number accordingly. (7) All documents produced and tendered in evidence shall be accompanied by a list in which each document sha ll be serially mentioned and the deta ils thereof shall be noted. T he list shall be in Form “ U”. (8) If a document is r eferred to in the proceeding before it is tendered in evidence and formally proved, it shall be immediately ma rked for identification; and when it is tendered in evidence, it shall be detached from the list a nd assigned the proper exhibit number and a reference to it in the deposit ion, proceeding or order shall appear with such number. 12. Scrutiny of Application:- (1) On receipt of a n applica tion under Rule 10, the Contr olling Authority shall examined it or cause it to be examined on the following points- (a ) whether it is in pr oper form and is properly signed; (b) whether it is barr ed by limitation; (c ) whether it is accompanied by the documents on which reliance is placed along with a list and copies thereof, and whether the documents are in proper condition as provided in Rule 11. (2) Wher e, upon such application is found to be in or der, it shall b e entertained and registered; and the Officer concerned shall make a n endor sement thereon as “exa mined a nd registered” with his signatur e and date. (3) The applica tion shall then be entered in the register inForm “O”. (4) Where an application is found to be defective, the Controlling Authority shall direct the applicant to r ectify the defect within a pr escribed period or such further period as ma y be allowed by the Controlling Authority. If the applicant fails to comply with the above dir ection within the prescribed time, the Contr olling Authority shall be competent to dismiss the application. 13 . P rocedure for dealing with applica tion for direction:- (1) On r eceipt of an application under Rule 10, the Controlling Authority s hall, on issue of a notice inForm “O”,call upon the applicant as well as the employer to appear before him on a specified date, time and place either in person or through his authorized repr esentative together with all relevant documents and witness es, if any. (2) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the Controlling Authority a letter of a uthorit y from the employer or the person concerned, as the ca se may be, on whose behalf he seeks to act, t ogether with a wr itten statement explaining his interest in the matter and praying for permission to act. The Controlling Authority shall recor d thereon an order either according his appr oval or specifying, in t he case of refusal to grant t he permission prayed for, the reasons for the refusal. (3) A pa rty appearing t hrough an authorized r epresent ative shall be bound by the a cts in their repr esentative.- 5 -Ex-309/2016 (4) After completion of hearing on the date fixed under sub-rule (1), or after such further evidence, examination of documents, witnesses, hear ing and enquiry, as ma y be deemed necessary, the Controlling Authority shall record his finding as to whether any amount is payable to the applicant under the Act. A copy of t he finding shall be given to each of the parties. (5) If the employer concerned fails to appear on the specified da te of hearing after due service of notice without sufficient cause, the Controlling Authority may proceed to hear and determine t he appl i cat i onex-parte. If the applicant fails to appear on the specified date of hearing wit hout sufficient cause, the Controlling Authority may also dismiss the application: Provided thatan order under this sub-rule may, on good cause being shown within thirty days of the said or der, be reviewed and the application r e-heard after giving not less than four teen day’s notice to the opposite par ty of the date fixed for re-hearing of the a pplication. 1 4 . Place and time of hearing:-The sittings of the Controlling Authority shall be held at such time and at such place as he ma y fix; a nd he shall inform the parties of the same in such manner a s he thinks fit. 1 5 . Summoning and a ttendance of witnesses:-The Contr olling Authority may, at any sta ge of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him, and on such terms as may appear to the Controlling Authority just, issue summons to any person inForm “P”either to give evidence or to produce documents or for both purposes on a specified da te, time and place. 16. Service of Summons or notice:- (1) Subject to the provisions of sub-rule (2), any notice, summons, process, or order issued by the Controlling Author ity may be served eit her personally or by registered post acknowledgement due or in any other manner as prescribed under the Code of Civil Procedure, 1908 (Act 5 of 1908) (2) Where there are numerous persons as parties to any proceeding before the Controlling Authority and such persons a re members of a ny Trade Union or Association or are represented by an Authorised Person, the service of notice on the S ecretary, or where is no Secretary, on the Principal Officer of the Trade Union or Association, or on the Authorised Person shall be deemed to be served on such persons. 17 . Maintena nce of r ecords of ca ses b y the contr olling a uthor it y:- (1) The Controlling Aut hority shall r ecord the particulars of each case under Section 7 inForm “Q”and at the time of passing orders shall s ign and date the particulars so recor ded. (2) The Controlling Aut hority shall, while passing orders in each case, a lso record the findings on the merits of the case and file it together with the memorandum of evidence with the or ders sheet. (3) Any record other t han a record of any or der or direction, which is r equired by these Rules, is to be signed by on behalf of a nd under the direction of the Contr olling Authority by a ny subordinate officer appointed in writing for this purpose by the Controlling Author ity. 18. Register:- (1) The Controlling Authority shall maintain a register of the proceedings of every a pplication. (2) The register shall clearly show the cou rse and progress of the proceedings from the beginning till the end in chr onological order. It shall show in concise form the progress of the proceedings from day to day. T he reasons for every adjournment sha ll also be sta ted therein. T he register shall be maintained in complete or concise histor y of the case and of a ll proceedings taken in it shall conta in a correct list and description of the exhibits, the da te of delivery of the order, the- 6 - Ex-309/2016 date of signing of the order and of any application for review or for amendment of the order. It shall show in chronologica l order all proceedings subsequent to passing of the order, if any, and also contain a note of other proceedings, such as Commissioner ’s Report, if any. (3) The register shall be maintained on day to day basis as an original document by the Court C lerk or clerk on duty. Entries other than those made at the time of institution of the proceedings shall normally be signed by the Controlling Author ity. (4) Every document admitted in evidence and exhibited shall be mentioned in the register in chronological order. The description of the documents, the date of the documents, shall also be mentioned in the register. At the end of the register on each case, the Cou rt Cler k concerned shall make a note that all stamps have been punched and shall sign on that note. 19. Direction for payment of gratuity:-If a finding is recorded under sub rule (4) of Rule 13 that the applicant is entitled to payment of gratuity under the Act, the Controlling Authority shall issue a notice to the employer concer ned inForm “R”specifying the amount payable and directing payment thereof to the applicant under intimation to the Controlling Authority within thirty days fr om the date of r eceipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the c ase may be. 20. Appeal:- (1) The Memorandum of Appeal under sub-section (7) of Section 7 of the Act shall be submitted to the Appellate Authority with a copy thereof to the opposite party and the Controlling Authority either through delivery in person or under registered post acknowledgement due. (2) The Memorandum of Appeal shall contain the fact s of the case, the decision of the Controlling Authority, the grounds of appeal and the relief sought. (3) There shall be appended to the Memorandum of Appeal a certified copy of the finding of the Controlling Authority and direction for payment of gratuity. (4) On r eceipt of the copy of Memorandum of Appeal, the Controlling Authority shall for ward records of the case to the Appellate Author ity. (5) Within 14 da ys of the receipt of the copy of the Memorandum of Appeal, the opp osite party shall submit his comments on each paragraph of the memora ndum with addit ional plea, if any, to t he Appellate Authorit y with a copy to the appellant. (6) The Appellate Authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard. A copy of the decision shall be given to the parties to the appeal and a copy thereof sha ll be sent to the Controlling Author ity with his records of the case. (7) The Controlling Aut hority shall on receipt of the decision of the Appellate Aut hority, make necessar y entry in the records of the case maintained inForm “Q”under sub-rule (1) of Rule 17. (8) On r eceipt of the decision of the appellate authority, the Controlling Aut hority shall, if required under that decision, modify his direction for payment of gratuit y and is sue a notice to the employer concerned inForm “S”specifying the modified amount payable and directing payment to t he applicant, under int imation to Controlling Author ity, within fifteen days of the receipt of the notice by the employer. A copy of the notice shall be endorsed to the a pplicant employee, nominee or legal heir, as the case may be and to the appellate author ity. 21. Application for recovery of gratuity:-Wher e an employer fails to pay the gratuity due under the Act in accordance with the notice by the Contr olling Authorit y under Rule 19 or Rule 20, as the case may be, the employee concerned, his nominee or legal heirs, as the case ma y be, to whom gratuit y is paya ble, ma y apply to the Controlling Authority in duplicate inForm “T”for r ecovery thereof under Section 8 of the Act.- 7 -Ex-309/2016 22. Display of Abstract of the Act and Rules:-The employer shall displa y an a bstract of the Act and the rules made there under in Englis h and in the language understood by the majority of the employees a t the conspicuous pla ce at or near the main entra nce of the est ablishment. 23. Certified Copies:- (1) Any person desiring to obt ain cer tified copies of any records including an order, decision of a Controlling Authority/Appellate Authority, may make an application in writing to the Controlling Authority/Appellate Authority for such cer tified copy. (2) On receipt of such applica tion and on pa yment of fees for cop ying a document at the rate of 10 rupees per hundred words or fract ion thereof, a certified copy of the document shall be supplied by the Controlling Author ity/ Appellate Author ity. (3) Urgent Certified copies of the document shall be supplied on payment of one and half times the fees payable under Sub rule (2) of Rule 23. (4) No copy of such document shall be granted which are in natur e of notes recorded by the Court for its own use or of any exhibit or document which the Court may consider to be confidential.- 8 - Ex-309/2016 FORM-A [See sub-rule (1) of Rule 3] Notice of Opening 1.Name and Addr ess of establishment …………………………………………………………………….………………………………. 2.Name and Designation of t he Employer ……………………………………………………………….……………………………………. 3.Number of p ersons employed \ …………………………………………………………………..…………………………………. 4.Maximum number of persons employed on any day dur ing the preceding twelve months with date .……………………………………………………………………………………………………. 5.Number of employees covered by the Act ……………………………………………………………………………………………………. 6.Nature of Industry ……………………………………………………………………………………………………. 7.Whether Seasonal ……………………………………………………………………………………………………. 8.Date of opening ……………………………………………………………………………………………………. 9.Details of Head Office-Branches:- (a) Name and address of the Head Office …………………………………………………………………………….No. of employees (b) Name and addresses of other Branches in India 1. 2. 3. I verify that the informa tion fu rnished above is true to the best of my knowledge and belief. Place : ………………….. Date : …………………... ….....…………………… Signature of the employer, with name and designa tion To, The Controlling Authority, ………………………………… ………………………………….- 9 -Ex-309/2016 FORM B [See sub-rule (2) of Rule 3] Notice of Change Name and address of the establishment:…………………………………………………......................... Take notice that following changes have taken place with effect from ………………….in the particulars furnished by me in notice, dated.. ..... on Form “ A”:- Name :……………………………………………………………………………………………... Address:…………………………………………………………………………………………… Name of Employer:……………………………………………………………………………… Name of Business:………………………………………………………………………………. Place:……………………………………… Date:………………………………………. Signature of Employer with name and designa tion To The Controlling Authority ……………………………….. ……………………………….. FORM C [See sub-rule (3) of Rule 3] Notice of Closure Take notice that it is intended to clos e down the est ablishment wit h effect from …………………………… The other details are furnished:- 1.Name and address of the establishment ………………………………………………………………………………………………… 2.Name and address of the Head Office, if any ………………………………………………………………………………………………… 3.Name and designation of t he employer ………………………………………………………………………………………………….. 4.Number of persons in employment …………………………………………………………………………………………………. 5.Number of employees entitled to gratuity ………………………………………………………………………………………………… 6.Amount of gratuity involved ………………………………………………………………………………………………….. Signature of the employer with name and designa tion- 10 - Ex-309/2016 FORM D [See sub-rule (1) of Rule 5] Notice of excluding husband from Duality 1.Name of the female employee: 2.Name or description of establishment where employed: 3.Post held with ticket or serial No, If any: 4.Department/Br anch/Section where employed: 5.Permanent address: Take notice that I Shrimati …………………………………………………………desire to exclude my husband Shri…………………………………………………………..from my family for the purposes of the Payment of Gratuity Act, 1972. Place:……………………………………………. Date:…………………………………………….. Signature/T humb impression of t he employee Declaration by wit ness The above notice was signed/thumb impressed before me. Name in full and address of witness (es)Signature of witness (es) 1.1. 2.2. Place:…………………………………… Date:……………………………………. To The Controlling Authority (T hrough t he employer) (Name and addr ess of the employer here) For use by employer Received and recor ded in t his est ablishment. Reference No:……………………………………... Date:……………………………………………….. Signature of the employer or an officer authorized in this behalf by the employer To 1.(Employee) 2.The Controlling Authority. Note:-Strike out the wor ds not applica ble.- 11 -Ex-309/2016 FORM E [See sub-rule (2) of Rule 5] Notice of withdr awal of notice for excluding husba nd fr om fa mily 1.Name of the female employee 2.Name or description of est ablishment where employed 3.Post held with Ticket or Serial number, if any 4.Depar tment/Bra nch/Section where employed 5.P er ma nent a ddr es s Take notice that I, Shrimati ….....……………………………………………hereby withdraw the notice dated…………………. whereby I excluded by husband Shri………………………………………. from my family for the pur poses of the Payment of Gratuity Act, 1972. The ea rlier notice was recorded under your reference No………………………….. dated……………………………….. Place:………………………………………… Date:…………………………………………. Signature/T humb impression of t he employee DECLARATION BY WITNESS The above notice of withdra wal was signed/thumb impressed before me. Name in full and full addr ess of witness (es)Signature of witness (es) 1.1. 2.2. Place:………………………………………… Date:…………………………………………. To The Controlling Authority (T hrough t he employer) (Name and address of the employer) FOR USE BY THE EMPLOYER Received and recor ded in this establishment Reference No:…………………………………………………….. Signature of the employer or Officer author ized Seal or rub ber st amp of the est ablishment Date:………………………………………. To 1.(Employee) 2.The Controlling Authority. Note:- Str ike out the words not applicable- 12 - Ex-309/2016 FORM F [See sub-rule (1) of Rule 6] Nomination To (give here name or description of the establishment with full addr ess) 1.Shri/Shrimati/Kumari…………………………………..(name in full here) whose particulars are given in t he statement below hereby nominate the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death before that amount has become payable, or having become paya ble has not been paid and direct that the sa id amount of gratuity shall be paid in proportion indicated a gainst name(s) of the nominee(s). 2.I hereby cer tify that the person(s ) mentioned is/are member(s) of my fa mily within the meaning of Clause (h) of Section 2 of the Payment of Gratuity Act, 1972. 3.I hereby declare that I ha ve no family within t he meaning of Clause (h) of S ection 2 of the said Act. 4.(a) My father/mother/parent is/are not dependent on me. (b) My husband’s fa ther/mother/pa rents is/are not dependent on my husband. 5.I ha ve excluded my husband from my family by a notice, dated the…………………to the Controlling Authority in terms of the proviso t o Clause (h) of Section 2 of the said Act. 6.Nomination made herein invalidate my pr evious nomination. NOMINEE(S) Name in full with fullRelationship withAge of nominee Proportion by which the addr ess of nominee(s)the employeegratuity will to be shared 1234 1 2 3 so on STATEMENT 1.Name of employee in full………………………………….....................………………………….. 2.Sex…………………………………………………………………………………………............ 3.Religion……………………………………………………………………………………............. 4.Whether unmarried/married/widow/widower…………………………………............................... 5.Department/Branch/Section where employed………………………………….............................. 6.Post held with Ticket or Serial No, If any………………………………………….......................... 7.Date of appointment…………………………………………………………………….................. 8.Permanent address………………………………………………………………………................ Signature/T humb impression of t he employees Place:………………………………… Date:………………………………….- 13 -Ex-309/2016 DECLARATION BY WITNESS(ES) Nomination signed/thumb impressed befor e me Name in full and full addr ess of witness (es)Signature of witness (es) 1.1. 2.2. CERTIFICATE BY THE EMPLOYER Certified that the particulars of the above nomination have been verified and recorded in this establishment. Employer’s Reference No, if any…………………………………………….............………………….. Signature of the employer/ Officer Author ised Designation Name and address of the establishment or rubber sta mp thereof Date:…………………………………… ACKNOWLEDGEMENT BY THE EMPLOYEE Received the duplicate copy of nomination in Form F filed by me and duly certified by the Signa ture of t he employee. Place:…………………………….. Note:-Strike out the words /paragraph not applica ble.- 14 - Ex-309/2016 FORM G [See sub-rule (3) of Rule 6] FRESH NOMINATION To (Give here name or description of the establishment with full addr ess) I, Shri/Shrimati .......................................................................(name in full here) whose particulars are given in the statement below, have acquired a family wit hin the meaning of Clause(h) of Section 2 of the Payment of Gratuity Act,1972 ..................with effect from the…………………….(date here)………………………in the manner indicated below and therefore nominate afresh the person(s) mentioned below to receive the gratuity payable after my death as also the gratuity standing to my credit in the event of my death b efore that amount has become payable, or ha ving become paya ble has not been paid and direct that the said amount of gr atuity shall be paid in propor tion indicated against the name(s) of the nominee(s). 2.I hereby certify the person(s) nominated is/ar e member(s) of my family within the meaning of Clause (h) of Section 2 of t he said Act. 3.(a) My father/mother/parents is/are not dependent on me. (b) My husband’s father/mother/parents are not dependent on my husband. 4.I have excluded my husband from my family by a notice dated the………………………… to the Controlling Authority in t erms of the pr oviso to clause(h) of Section 2 of the said Act. NOMINEE(S) Sl.NoName in full withRelationship with Age of nomineeProportion by which full address of nominee(s)the employeethe gratuity will be shared 12345 1. 2. 3. MANNER OF ACQUIRING A “FAMILY” (Here give details as to how a family was acquired, i.e. whether by marriage or parents being rendered dependent or thr ough other process like adoption) STATEMENT 1.Name of employee in full……………………………………………………………………........... 2.Sex……………………………………………………………………………………………….... 3.Religion…………………………………………………………………………………………..... 4.Whether unmarried/married/widow/widower………………………………………......................... 5.Department/Branch/Section where employed………………………………………....................... 6.Post held with Ticket or Serial no, if any………………………………………………...................... 7.Date of appointment………………………………………………………………………….......... 8.Permanent address…………………………………………………………………………..............- 15 -Ex-309/2016 Village/Post Office……………………………………………………………………………….............. District………………………………………………………………………………………………......... Sub-division........................................................................................................................................ State……………………………………………………………………………….................................. Signature/T humb impression of t he employee Place:……………………………………. Date:…………………………………….. DECLARATION BY WITNESSES Fresh Nomination signed/thumb impressed before me. Name in full and full address of witnesses.Signature of witnesses 1.1. 2.2. Certified that the particulars of the above nomination have been verified and recor ded in this est ablishment. Employer ’s Reference No, if any……………………………………………………………… Signa ture of the employer/ offic er authorized Designation Name and address of the est ablishment or r ubber s tamp thereof ACKNOWLEDGMENT BY THE EMPLOYEE Received my duplicate copy of the nomination in Form…………………. filed by me on…………………….duly certified by the employer. Date:………………………………. Signa ture of the employee Note:-Strike out words and paragr aphs not applica ble.- 16 - Ex-309/2016 FORM H [See sub-rule (4) of Rule 6] MODIFICATION OF NOMINATION To (Give here name or description of the establishment with full addr ess) I, Shr/Shrimati/Kumari……………………………………………………………(Name in full here) whose particulars are given in the sta tement below, hereby give notice that the nomination filed by me on... .... (date) and recorded under your reference No………………………………..dated....... and recorded under your reference No…………………….dated……………………shall stand modified in the following ma nner:— (Here give details of the modifications intended) 1.Name of employee in full……………………………………………………………………........... 2.Sex……………………………………………………………………………………………….... 3.Religion…………………………………………………………………………………………..... 4.Whether unmarried/married/widow/widower………………………………………....................... 5.Department/Branch/Section where employed………………………………………...................... 6.Post held with Ticket No or Serial No, if any……………………………………………................ 7.Date of appointment…………………………………………………………………………............. 8.Address in full…………………………………………………………………………………......... Place:……………………………………………… Date:………………………………………………. Signature/T humb impression of t he employee DECLARATION OF WITNESSES Modification of nomination signed/thumb impressed before me. Name in full and full address of witnessSignature of wit ness 1.1. 2.2. Place:…………………………………….. Date:………………………………………- 17 -Ex-309/2016 CERTIFICATE BY THE EMPLOYER Certified that the above modification has been recorded. Employer ’s refer ence No……………………………………………., if any. Signa ture of the Employer/ Officer Aut horised Designation Name and address of the establishment or rubber stamp thereof ACKNOWLEDGEMENT BY THE EMPLOYER Received the duplicate copy of the notice for modification in Form H filed by me on…………………….duly certified by the employer. Dated……………………… Signa ture of the employer FORM I [See sub-rule (1) of Rule 7] APP LICATION FOR GRAT UITY BY AN EMPLOYEE To, (Give here name or description of the establishment with full addr ess) To, Shri / Gentlemen, I beg to apply for payment of gra tuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/r etirement/resignation after completion of not less tha n five years of continuous service/total disablement due to accident/total disablement due to diseases with effect from…………….. T he necessary pa rticula rs to my appointment in the establishment are given in the statement below:- Statement 1.Name in full……………………………………………………………………………………........ 2.Address in full……………………………………………………………………………….............. 3.Department/Branch/Section where last employed…………………………………........................ 4.Post held with Ticket No. or Serial No, if any………………………………………….................... 5.Date of appointment………………………………………………………………………….......... 6.Date and cause of termination of service………………………………………………..................- 18 - Ex-309/2016 7.Total period of service………………………………………………………………………............ 8.Amount of wages last drawn………………………………………………………………............ 9.Amount of gratuity claimed………………………………………………………………. 2.I wa s render ed tota lly disable as a result of (her e give the details of the disease or accident) The evidence/witness es of my total/disablement are as follows: (here give details) 3.Payment may please be made in ca sh/open or cr ossed bank cheque. 4.As the amount of gr atuity payable is less than Rupees one thou sand, I shall request you to arrange for payment of the sum due to me by postal money order at the address mentioned above aft er deducting postal money-order commission therefrom. Yours faithfully, Signature/thumb impression of the applicant employee. Place:………………………………….. Date:…………………………………… Note:-(1) Strike out the words not applicable (2) Strike out paragraph or paragraphs not applicable FORM J [See sub-rule (2) of Rule 7] Application for gra tuity by a nominee To (Give here the na me or des cription of the establishment with full address) Sir/Gentlemen I beg to apply for payment of gra tuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuit y Act, 1972 as a nominee of late (na me of the employee) who was a n employee of your establishment and died on the……………………………… The gratuity is payable on account of the death of t he afor esa id employee while in service / superannuation of the a foresaid employee on............................................................ retirement or resignation of the aforesaid employee on ............................................... after completion of......... years of service/total disablement of the aforesaid employee due to accident or disease while in service with effect from the........................ Necessary particulars relating to my claim a re given in the statement below:- STATEMENT 1.Name of applicant nominee……………………………………………………………….............. 2.Address in full of the applicant nominee………………………………………………................... 3.Marital status of the applicant nominee………………………………………………..................... (Unmarr ied/mar ried/ widow/widower) 4.Name in full of the employee……………………………………………………………….............. 5.Marital status of employee………………………………………………………………….............. 6.Relationship of the nominee with the employee………………………………………......................... 7.Total period of service of the employee……………………………………………….......................- 19 -Ex-309/2016 8.Date of appointment of the employee............................................................................................ 9.Date and cause of termination of service of the employee………………………............................ 10. Department/Branch/Section where the employee last worked………………….............................. 11. Post last held by the employee with Ticket or Serial No., If any…………………............................ 12. Total wages last drawn by the employee………………………………………………....................... 13. Date of death and evidence/witness as proof of death of the employee………............................... 14. Reference No. of recorded nomination, if available…………………………………......................... 15. Total gratuity payable to the employee………………………………………………........................ 16. Share of gratuity claimed………………………………………………………………...................... 2.I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge a nd belief. 3.Payment may please be made in ca sh/crossed or open bank cheque. 4.As the amount payable is less than Rupees one thousand, I shall request you to arrange payment of the sum due to me by postal money-order at the address mentioned above after deducting postal money-order commission therefrom. Yours faithfully Place:…………………………… Date:……………………………. Signature/T humb impression of a pplica nt nominee Note:-(1) Strike out the wor ds not applica ble. (2) Strike out the para graph or paragra phs not applica ble. FORM K [See sub-rule (3) of Rule 7] APPLICATION FOR GRATUITY BY A LEGAL HEIR To (Give here the name or description of the establishment with full addr ess) Sir /Gentlemen I beg to apply for payment of gra tuity to which I am entitled under sub-section (l) of Section 4 of the Payment of Gratuity Act, 1972 as legal heir of late…………………….. (Name of the employee) who was an employee of your establishment and died on the………… without making nomination. The gratuit y is paya ble on account of the death of the aforesa id employee while in service/ supera nnuation of the aforesaid employee on the... ..... r etirement or r esignation of the aforesaid employee on the…………………………..after completion of …………………… year of service / total disablement of the employee due to accident or disease while in service with effect from the……………… Necessary particulars relating to my claim a re given in the statement below:-- 20 - Ex-309/2016 STATEMENT 1.Name of applicant’s legal heir ……………………………………………………………............... 2.Address in full of applicant’s legal heir………………………………………………….................. (u nmar ried/ma rried/widow/widower) 3.Name in full of the employee……………………………………………………………................. 4.Relationship of the applicant with the employee………………………………………....................... 5.Religion of both the applicant and the employee………………………………………..................... 6.Date of appointment and total period of service of the employee…………………........................... 7.Department/Branch/Section where the employee worked last…………………................................ 8.Post last held by the employee with Ticket or Serial No., If any…………………............................. 9.Total wages last drawn by the employee……………………………………………...................... 10. Date and cause of termination of service of the employee (death or otherwise) ............................ 11. Date of death of the employee and evidence/witness in support thereof……….............................. 12. Total gratuity payable to the employee………………………………………………….................... 13. Percentage of the gratuity claimed……………………………………………………….................. 14. Basis of the claim and evidence/witness in support thereof………………………........................... 2.I declare that the particulars mentioned in the above statement are true and correct to the best of my knowledge a nd belief. 3.Payment may please be made in ca sh/open or cr ossed bank cheque. 4.As t he amount payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum due to me by postal money-order at the address mentioned above aft er deducting postal money-order commission therefrom. Yours faithfully Signature/T humb impression of applicant legal heir. Place:……………………………………. Date:……………………………………. Note:- Strike out the words not applica ble. FORM L [See clause (i) of sub-rule (1) of Rule 8] Notice for Payment of Gratuity 1. To, (Name and a ddress of the applica nt employee/nominee/legal heir.) You are hereby informed as required under Clause (i) of Sub – Rule (1) of Rule 8 of the Payment of Gratuity (Mizoram) Rules, 2015 that a sum of Rs……………………. (Rupees……………………) is payable to you as gratuity/as your share of gratuity in terms of nomination made by…………………..on...... and...... recorded in this………………………as a legal heir of……………………….., an employee of this establishment.- 21 -Ex-309/2016 2.Please call at……………………….(Here specify place) on ……………………… (date) at...... (time) for collecting your payment in ca sh/open or crossed cheque. 3.Amount payable shall be sent to you by Postal Money Order at the address given in your applica tion after deducting the postal money order commission as desired by you. BRIEF STATEMENT OF CALCULATION 1.Tota l period of service of the employee concerned:..... ....... year…………………months. 2.Wages last dr awn. 3.Proportion of the admissible gra tuity/payable in terms of nomination as a legal heir. 4.Amount Paya ble: Place:………………………………….. Date:…………………………………… Signature of the employer/Authorised officer Name or description of esta blishment or rubb er stamp ther eof. Copy to the Controlling Authority Note:-Strike out the wor ds not applicable FORM M [See clause (ii) of sub-rule (1) of Rule 8] Notice rejecting claim for payment of Gratuity To, (Name and a ddress of the applica nt employee/nominee/legal heir) You are herby infor med as required under clause (ii) of sub-Rule (1) of Rule 8 of the Payment of Gratuity (Mizoram) Rules, 2015 that your claim for pa yment of gratuity as indicated on your application in form…………………………..under the said Rule is not admissible for the reasons stated below. Reasons (Her e specify the reas ons) Place:…………………………………………… Date:……………………………………………. Signature of the employer/Authorised Officer Name or description of esta blishment or rubber stamp thereof. Copy to the Contr olling Author ity. Note:-Strike out the wor ds not applica ble.- 22 - Ex-309/2016 FORM N [See sub-rule (1) of Rule 10] Application for direction Before the Controlling Authority under the Payment of Gratuit y Act, 1972 Application No………………………………………Date………………………… Between (Name in fu ll of the applicant with fu ll address) And (Name in full of the employer concerned with fu ll addr ess) 1.The applica nt is a n employee of the above mentioned employer /nominee of late………………………………………….., an employee of the above mentioned employer and is entitled to payment of gr atuity under S ection 4 of the Payment of Gratuity Act, 1972, on account of his own/aforesa id employee’s superannuation on. .. ... or his own r etirement /a for esaid employees resignation on………………………………………………...date….………………after completion of…………………..years of continuous service / his own / afor esaid employee’s total disablement with effect from………………………..due to accident/diseases/death of the aforesaid employee on.......dated...... 2.The applicant submitted an application under rule…….. of the Payment of Gratuity (Mizoram) Rules, 2015 on the……….. but the above mentioned employer refused to entertain it/issued a notice dated the………………..under clause………………………………………………………………………………………of sub- rule of…………………………………..….Rule………………………….offering an amount of gratuity which is less than due/issued a notice dated the ………………………….….under clause………………of sub-rule…………………..of Rule…………………………………rejecting my eligibility to payment of gratuity. The Duplicate copy of the said notice is enclosed. 3.The applicant submits that there is a dispute on the matter (specify the dispute). 4.The applicant furnishes the necessary pa rticulars in the annexu re hereto a nd prays tha t the Contr olling Authority may be pleased to deter mine the amount of gr atuity payable to the petitioner and direct the above mentioned employer to pay the same to the petitioner. 5.The applica nt declares tha t the particulars fur nished in the annexur e thereto are true and correct to the best of his knowledge and belief. Date:………………………………. Signature of the applicant/ thumb impression of the applicant Annexure 1.Name in full of applicant with full address. 2.Basis of claim (Death/Superannuation/Retirement/resignation/ Disablement of employee). 3.Name and address in full of the employee. 4.Marital sta tus of the employee (unmarried/marr ied/widow/widower)- 23 -Ex-309/2016 5.Name and address in full of the employer. 6.Depa rtment/Branch/S ection where the employee was last employed (if known) 7.Post held by the employee with t icket and serial No. If any (if known) 8.Date of appointment of the employee (if known) 9.Date and ca use of termina tion of service of t he employee (supera nnua tion/ retirement/resignation/disablement/death) 10. Tota l period of service by t he employee. 11. Wages last drawn by the employee 12. If the employee is dead, da te and cause thereof 13. Evidence/witness in suppor t of death of t he employee 14. If a nominee, No. and date of recording of nomination with the employer 15. Evidence/witness in suppor t of being a legal heir, if a legal heir 16. Tota l gratuity payable to the employee (if known) 17. Percentage of gratuity pa yable to the a pplicant as a nominee/legal heir 18. Amount of gratuity claimed by the applicant. Place:…………………………………… Date:……………………………………. Signature/T humb impression of t he applicant Note:-Strike out the wor ds not applicable FORM O [See sub-rule (1) of Rule 13] Notice for appearance before the controlling authority Fr om: The Controlling Authority of the Pa yment of Gratuity Act, 1972 To (Name and Address of employer/applicant) Whereas Shri…………………………………………………………………………an employee under you/a nominee(s)/legal heir (s) of applica tion under sub-rule (1) of Rule 10 of the P ayment of Gratuity (Mizoram) Rules, 2015 alleging that………………………………………………………………………………………….. (A copy of the said applicant is enclosed) Now, therefor e, you are hereby ca lled upon to a ppear before me a t (P lace) either persona lly or through a person duly authorized in this behalf for the purpose of answering a ll material questions relating to the application on ……………………… day of 20 ………………….. at …………………….. O’ clock in the forenoon/afternoon in support of/to answer the allega tion; a nd as the day fixed for your appear ance is a ppointed for final disposal for the a pplication, you must be prepa red to produce on that day all the- 24 - Ex-309/2016 witnesses upon whose evidence, and the documents upon which you intend to rely in support of your allegation/defence. Take notice that in default of your appearance on the day before mentioned, the a pplication will be dismissed/heard and determined in your absence. Given under my hand seal, this………………………day of…………..20…….. Controlling Authority. Note:- S trike out the words and paragra phs not applica ble. FORM P (See Rule 15) Su mmons Before the Controlling Authority under the payment of Gratuit y Act, 1972 To (Name and Address) Wher eas your attendance is required to give evidence / you are r equired to produce the documents mentioned in the list below, on behalf of………………………………………..in the case arising out of the claim for gratuity by………………..from ………………………. and referred to this Authority by an application under Section 7 of the Payment of Gratuity Act, 1972, you are herby summoned to appear personally before this authority on the day………………..20……………….at………………………………………O’ clock in the forenoon/afternoon and br ing with you (or send to this Authority) the said documents. List of Documents 1. 2. 3. So on Controlling Authority Dated This……………………………….....................……..Day of……….........……….20…………. Note:- 1.The portion not a pplicable to b e deleted. 2.The summons shall be issued in duplicate. The duplicate is to be signed and returned by the pers on served before the da te fixed. 3.In case the summons is issued only for producing a document a nd not to give evidence, it will be sufficient compliance to the summons if the documents are ca used to be produced before the controlling authority on the da ys and hour fixed for the purpose.- 25 -Ex-309/2016 FORM Q [See sub-rule (1) of Rule 17] Pa rticula rs of a pplication under Section 7 1.Seria l No. 2.Date of the application. 3.Name and address of the applicant. 4.Name and addr ess of the employer. 5.Amount of gratuit y claimed. 6.Dates of hear ing. 7.Findings with date. 8.Amount a warded. 9.Cost, if any, awar ded. 10. Date of Notice issued for payment of gratuity 11. Date of appeal, if any. 12. Decision of the appellate author ity. 13. Date of issue of Final Notice for payment of gratuity. 14. Date of payment of gratuity by employer with mode of payment. 15. Date of Receipt of application for recovery of gratuity. 16. Date of Issue of recovery Certificate. 17. Da te of R ecovery. 18. Other r ema rks. 19. Signed. 20. D a t e FORM R (See Rule 19) Notice for Payment of Gratuity To (Name and a ddress of employer) Whereas Shri/Smt/Kumari………………………………………. of……………........................ (address)……………..………………….an employee under you nominee(s) of late .... ………….an employee under you, filed an application under section 7 of the Payment of Gr atuityAct, 1972 before me; And whereas the application was heard in your presence on and a fter the hearing I have cometo the finding that the said Shri/Smt/Kumari ........................... is entitled to a payment of Rs…………………… as gratuity under the Payment of Gratuity Act, 1972; Now, therefore, I hereby direct you to pay the said sum of Rs……………to Shri/Smt/Kumari ........................................... within thirty days of the receipt of this notice with intimation thereof to me. Given under my hand and seal, this……………………day of……………20…… Copy to:Controlling Authority (Applicant under rule…………………………) He is advised to contact the employer for collecting payment Note:-The portion not a pplicable to be deleted.- 26 - Ex-309/2016 FORM S [See sub-rule (8) of Rule 20] Notice for Payment of Gratuity as determined by Appellate Authority To (Name and a ddress of employer) Whereas a notice was given to you on in Form “R” requiring you to make a payment of Rs.…………………to Shri/Smt/Kumari……………………………………. as gratuity under the Payment of Gratuity Act,1972; Wher eas you/the applicant went in appeal before the Appellate Authorit y, who has decided tha t an amount of Rs………………………………. due to be paid to Shri/Smt/ Kumari………………………………………………………………………………… as gratuity due under the Pa yment of Gratuity Act,1972; Now, therefore I hereby direct you to pay the said sum of Rs…………….. to Shri/Smt/ Kumari……………………………………………………………………………. within 30 days of the receipt of this notice with an intimation t hereof to me Given under my hand and seal, this day of……………………………..20………… Controlling Authority Copy to: 1.The Applicant He is advised to contact the employer for collect ing payment. 2.The appellate Authority Note:- T he portion not applica ble to be deleted. FORM T [See Rule 21] Application for recovery of gratuity Before the Controlling Authority under the Payment of Gratuity Application No…………………………………………….Date…………………. Between (Name in full of t he applicant with addr ess) And (Name in full of the employee with full addr ess) The applica nt is an employee of the above mentioned employer/a nominee of late………………….. an employee of the above mentioned employer/ a legal heir of late……………..- 27 -Ex-309/2016 an employee of the above mentioned employer, and you were pleased to direct the said employer in your notice dated there under rule ……………………..of the Payment of Gratuity Act, 1972. 2.The applica nt submits that the sa id employer fa iled to pay the said amount of gratuity to me directed by you although I a pproached him for payment. 3.The applica nt therefore pr ays as that a certificate ma y be issued under Section 7 of the said Act for recovery of the said sum of Rs…………………………due as gr atuity in terms of your direction. Place:………………………………… Date:…………………………………. Signature/Thumb impression of the applicant Note:-Strike out the words not applica ble. FORM U [See sub-rule (7) of Rule 11] List of documents produced and tendered in evidence Sl.NoExhibit No.Deta ils of t he DocumentRemarks 1234Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 28 - Ex-309/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo. A. 49012/1/2013-LE&IT, the 23rd August, 2016.In exercise of the power conferred by section 38 of the Industrial Disputes Act , 1947 the Governor of Mizora m is pleased to make t he following Rules, namely the Mizoram Industr ial Disputes Rules, 2015. They shall come into for ce with effect from the date of publication in the Government Gazette. Benjamina, Commr. & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. THE MIZORAM INDUSTRIAL DISPUTES RULES, 2015Preliminary 1 . S hor t title, extent a nd commencement:- (1) These Rules may be called The Mizoram Industrial Disputes Rules, 2015. (2) It may extend to the whole State of Mizoram. (3) It shall come into force on the date of publication in the Official Gazette. 2 . Definitions:- In these Rules unless there is anything repu gnant in the subject or context – (a) “Act” means the Industrial Disputes Act, 1947 (14 of 1947); (b) “Cha irman” means the Chair man of a Board or Court or, if the Court consists of one person only, such person; (c ) “Committee” means a Works Committee constituted under the sub-section (1) of section 3 of the Act; (d) “For m” means a form in the Schedule appended to these Rules. ( e) “Government” means Government of Mizoram. (f) “Section” means a section of the Act. (g) “Sta te” means the State of Mizora m. In relation to industrial disputes in a S tate, for which the appr opriate Gover nment is the State Government of Mizoram, reference to the State Government shall be construed as a reference to the Adminis trator of the State and reference to the La bour Commissioner, Deputy Labour Commissioner/ Assistant Labour Commissioner shall be VOL - XLV Aizawl, Thursday 1.9.2016 Bhadrapada 10, S.E. 1938, Issue No. 310 - 2 - Ex-310/2016 construed as reference to the appropriate authority, appointed in that behalf by the Administrator of t he Sta te. (h) The words and expressions defined in these Rules but defined in the Act shall ha ve the same meaning as defined in the Act. (i)With reference to clause (g) of Section 2, it is hereby prescribed that :– (i)in relation to an industry, not being an industry with reference to in sub- clause (ii) carried on by or under the authority of a Department of the Central or a State Government, the officer -in-char ge of the industrial establishment shall be the “employer” in respect of that establishment; and (ii) in r elation to an industry concerning railways, carried on by or under the authority of a Depa rtment of the Central Government- (a ) In the case of establishments of a Zonal R ailways, the General Ma nager of the Railway shall be the “employer” in respect of regular Railway Servants other than casual labour. (b) In the case of an establishment independent of a Zonal Railwa y, the Officer-in- char ge of that esta blishment shall be the “employer” in respect of regular Railway Servants other than casual labour; and (c ) The District Officer in cha rge or the Divisional Personnel Officer or the Personnel Officer shall be the “employer” in respect of casual labour employed on Zonal railway esta blishment independent of a Zonal Railway. PART – I PROCEDURE FOR REFERENCE OF INDUST RIAL DISPUTES TO BOARDS OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS, INDUSTRIAL TRIBUNALS. 3 . Application:- An application under sub-Section (2) of section 10 for the reference of an industrial dispute to a Board, Court, Labour Court or Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered posts to the Labour Commissioner, the Deputy Labour Commissioner/Assistant La bour Commissioner concerned. The application shall be accompanied by a statement setting forth- (a ) The parties to the dispu tes; (b) The s pecific matters in dispu tes; (c ) The total number of workmen employed in the undertaking affected; (d) An estimate of the number of workmen affected or likely to be affected by the disputes; and ( e) The effor ts made by the pa rties t hemselves to a djust the dispu tes. 4 . Attestation of application:-The application and the statement accompa nying it shall be signed – (a ) In t he case of an employer, by the employer himself, or when the employer is an incorpor ated compa ny or other body cor por ate by the agent, ma nager or other pr incipa l officer of t he Corporation; (b) In the case of wor kmen, either by the President and Secretary of a Trade Union of the workmen or by five representatives of the workmen duly author ized in this behalf a t a meeting of the workmen held for the purpose; (c ) In the case of an individua l workman, by the workman himself or by any officer of the Trade Union of which he is a member or by another workman in the same establishment duly authorized by him in t his behalf; Provided that such workma n is not a member of a different Trade Union. 5 . Notification of appointment of Board, Court, Labour Court or Tribunal:- The appoint ment of a Board, Court, Labour Court or Tribunal together with the names of persons cons tituting the Board, Court, Labour Cour t or Tr ibunal shall be notified in the Official Gazette. 6 . Notice to parties to nominate representatives:- (1) If the state Gover nment p roposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nomina te within a reasonable time persons to represent them on the Boar d. (2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated compa ny or a body corporate to the agent, manager or other pr incipal officer of such company or body. (3) In the case of workmen who are not members of a Trade Union, to any one of the five repr esentatives of the workmen who have attested the application made under Rule 3; and in this case a copy of the notice shall a lso be sent to the employer who shall dis play copies thereof on notice boards in a conspicuous manner at the main entrance of t he premises of the establishment. PART – II 7 . Arbitration Agreement:-An arbitration agreement for the r eference of an industr ial dis pute to an arbit rator or arbitr ators shall be made in Form C and shall be deliver ed personally or forwarded by r egistered posts to the Labour Commissioner, the Deputy Labour Commissioner/Assistant La bour Commissioner. The agreement shall be accompanied by the consent, in wr iting of the ar bitrator or arbitrators. 8 . (1) Attesta tion of the ar bitr ation a gr eement:- The arbitration agreement shall be signed: (a ) In t he case of an employer, by the employer himself, or when the employer is an incorpor ated Company or other body corpor ate by the agent, mana ger or other principa l officer of the corporation. (b) In t he case of the workmen, by any officer of t he Trade Union of the workmen or by five repr esentatives of the wor kmen duly authorized in this behalf a t a meeting of the wor kmen held for the purpose. (c ) In the case of an individu al workman, by the workman himself or by any officer of a Trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf: Provided that such workma n is not a member of a different Trade Union. Explanation:- In this Rule, “Officer” mea ns one of the following officers, namely: (a ) The P resident; (b) T he Vice-P resident ; (c ) The Secretar y (including the General Secreta ry); (d) A Joint Secretary; ( e) Any other officer of the Trade Union author ized in this behalf by the President and the Secretary of t he Union. ( 2 ) Notification regarding arbitration agreement by majority of each party:-Wher e an industrial dispute has been refer red to arbitra tion and the Government of Mizoram is satisfied that the persons making the refer ence represent the ma jority of each party, it shall publish a notification in this behalf in the Official Ga zette for the informa tion of the employers and workmen who are not parties to the arbitra tion agreement but are concerned in the disputes.- 3 -Ex-310/2016 PART – III POWERS, PROCEDURE AND DUTIES OF CONCILIATION OFFICERS, BOARDS, COURTS, LABOUR COURTS, TRIBUNAL AND ARBITRATORS. 9 . Conciliation proceeding in public utility service:- (1) The Conciliation Officer, on receipt of a notice of a strike or lock-out given under Rule 71 or Rule 72, sha ll forthwith arrange t o interview both the employer and the workmen concerned with the disputes a t such places a nd at such time as he may deem fit and shall endeavour to bring about settlement of the dispute in quest ion. (2) Wher e the Concilia tion Officer r eceives no notice of s trike or lock-out under Rule 71 or Rule 72 but he considers it necessary to intervene in the dispute, he may give intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein. 10 . ( 1 ) Conciliation proceedings in non-public utility service:- Where the Conciliation Officer receives any infor mation a bout an existing or a pprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect fr om such date as may be specified therein. (2 ) Parties to submit Statements:-The Employer or the party r epresenting workmen, or in the case of an individual workman himself, involved in an industrial dispute shall forward a statement setting forth the specific matters in disputes to the Conciliation Officer concerned whenever his intervention in the dispute is required. (3 ) Proceeding before the Labour Court or Tribunal:- (a ) While refer ring industria l disputes for adjudication to a Labour Court or Tribunal, the State Government shall direct t he party raising the disputes to file a statement of cla im complete with relevant documents, list of r eliance and witnesses with the Labour Court or Tribunal within fifteen days of the receipt of the order of reference and also forward a copy of such statement t o each one of the opposite parties involved in t he dispute. (b) The Labour Court or Tribunal a fter ascertaining that cop ies of s tatement of claim are furnished to the other side by the party r aising the disputes shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposit e party or par ties shall file their wr itten statement together with documents, lis t of reliance a nd witnesses within a period of 15 days from the date of fir st hearing and simulta neously forwar d a copy thereof to the other party. (c ) Wher e the Labour Court or Tribunal, as the case may be, finds that the par ty raising dispute though directed did not for ward the copy of the statement of cla im to the opposite party or parties, it shall give direction to the concer ned par ty to furnish the copy of the statement to the opposite pa rty or parties and for the said purpose or for any other sufficient cause, extend the time-limit for filing the statement under sub-r ule (3)(a) by an additional period of 15 days. (d) The party raising a dispute may submit a rejoinder if it choose to do so, to the written statement(s) by the appr opriate party or parties within a period of fifteen days from the filing of written stat ement by the lat ter. ( e) The Labour Court or Tribunal, as the case may be, shall fix a da te for evidence within one month from the date of receipt of the statements, documents, list of witness es etc. which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication. (f) Evidence shall be recorded either in court or on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affida vit. As the oral examination of each witness proceeds, the Labour Court or Tribunal shall make a- 4 - Ex-310/2016 memorandum of the substance of what is being deposed. While r ecording the evidence, the Labour Cour t or Tr ibunal shall follow t he procedure la id down in Rule 5 of order XVIII of the First Schedule to the Code of Civil Procedure, 1908. (g) On completion of evidence, either arguments shall be heard immediately or a da te shall be fixed for a rguments/oral hearing which shall not be beyond a period of fifteen da ys from the close of evidence. (h) The Labour Court or Tribunal, as the case may be, shall not ordinarily gra nt an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of any one of the parties to the disputes. Provided that the Labour Court or Tribunal, as the case may be, for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any ca se not more than three adjournments at the instance of any one of t he parties to the dispute. (i) In case any party defaults or fails to appear at any stage, the Labour Court or Tribunal, as the case may be, may pr oceed with the referenceex parte and decide the reference/application in the absence of the defaulting pa rty. Provided that the Labour Court or Tribunal, as the case may be, may on the applica tion of either party filed before the submission of the award revoke the order that the case shall proceed ex parte, if it is satisfied that the absence of the party wa s on justifiable grounds. (j) The Labour Court or Tribunal, as the case may be, shall submit its award to the State Government within one month from the date of oral hearing/ arguments or within t he period mentioned in the or der of reference whichever is earlier. (k) In r espect of Section 2-A, the Labour Court or Tribuna l, as the case may be, shall ordina rily submit its awards within a period of three months. Provided that the Labour Court or Tribunal may as and when necessary extend the period of three months and shall record its reasons in writing to extend the time for submission of t he awar d for a nother specified per iod. 11.The Conciliation Officer may hold a meeting of the representa tives of both parties jointly or of each party separately. 12.The Concilia tion Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit. 1 3 . Place and time of hea ring:- S ubject to the provisions contained in Rules 10 (2) and 10 (3), the sitting of a Board, Court, Labour Court or Tribunal or of an Arbitrator shall be held at such times and places as the Chair man or the Presiding Officer or the Arbitra tor, as the ca se may be, may fix and the Chairman, P residing Officer or Ar bitrator, as the case may be, shall inform the par ties of the same in such manner as he thinks fit. 14. Quorum for Boards and Courts:- The quorum necessa ry to constitute a sit ting of a Boar d or Court shall be as follows- (i)In t he case of Board.Quorum (a ) wher e the number of members is 3 2 (b) wher e the number of members is 5 3 (ii) in case of court – (a ) where the number of members is not more than 2 1 (b) where the number is more than 2 but less than 5 2 (c ) where the number of member is 5 or more 3 - 5 -Ex-310/2016 15. Evidence:- A Board, Court, Labour Court, Tribunal or an Arbitrator may accept, admit or call for evidence at any sta ge of t he proceeding before it/him a nd in such manner as it/he may think fit. 16 . Administration of oath:- Any member of a Board or Cour t or Pr esiding Officer of La bour Court, Tribunal or an Arbitrator may a dminister an oath. 1 7 . Summons:- A summon issued by a Board, Court, Labour Court or Tribunal shall be in Form D and ma y require a ny person to produce before it any books, papers or docu ments a nd things in the possession of or under the control of such person in any way r elating to the matter under investiga tion or a djudication by the Boar d, Cour t, Labour Court or Tribunal which the Board, Court, Labour Court or Tribunal thinks necessar y for the purposes of such investigation or a djudication. 18. Service of Summons for notice:- Subject to the provisions contained in Rule 20, any notice, summons, pr ocess or or der issue by a Boa r d, Cour t, Labour Cour t, Tr ibuna l or a n Arbitr ator empowered to issue such notice; summons, process or order, may be served either p ersonally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall be sent a gain under certificate of posting. 19. Description of Parties in certain Cases:- Where in any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows – (1) All such persons as are members of any tra de union or association shall be described by the name of such trade union or association ; and (2) All such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tr ibunal or Arbit rator, as the case may be, ma y det ermine. 20 . Ma nner of service in the case of numer ous persons a s parties to a dispute:- (1) Wher e there are numerous persons a s parties to any proceeding before a Board, Court, La bour Court, Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secr etary, or where there is no Secretary, on the Principal Officer of the trade union or association shall be deemed to be service on such persons. (2) Wher e there are numerous persons a s parties to any proceeding before a Board, Court, La bour Cour t, Tribunal or an Arbitra tor, a s the case ma y be, shall, where persona l service is not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of the establishment concerned. (3) A notice ser ved in this manner specified in sub-r ule (2) shall also be considered as sufficient in the case of such workmen a s cannot be ascertained and found. 2 1 . Procedure at the first sitting:- At the first sitting of a Boa rd, Cour t, Labour Cour t or Tr ibunal, the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order a s he may think fit to state their case. 22 . Boar d, Court, Labour Court, Tr ibuna l or Ar bitr ator ma y pr oceed ex-pa rte:- If without sufficient cause being shown, a ny party to proceedings before a Board, Court, Labour Court, Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal or Arbitrator may proceed, as if the pa rty had duly a ttended or had been represented. 23 . Power of entry and inspection:- A Board, or Court, or any member thereof or a Conciliation Officer, a Labour Court, Tribunal or any person a uthorized in writing by the Board, Court, La bour Cour t or Tr ibunal in this behalf may, for the purposes of any conciliation, investigation, enquir y or- 6 - Ex-310/2016 adjudication entrusted to the conciliation officer, Board, Court, La bour Court or Tribuna l under the Act, at any time between the hours of sunr ise and sunset and in the case of a person a uthorized in writ ing by a Board, Court, Labour Court or Tribunal after he has given reasonable notice enter any building, factory, workshop, or other place or premises whatsoever, a nd inspect the same or any work, machinery, appliance or article therein or interr ogate any person thereon in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation, investigation, enquiry or adjudication. 24 . Power of Boards, Courts, Labour Courts and Tribunals:- In addition to t he powers conferred by the Act, Boards, Courts, Labour Cour ts and Tribuna ls shall have the same power s as ar e vested in Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely – a)Discovery and inspection; b)Granting adjournment; c)Reception of evidence ta ken on affida vit; and the Board, Court, Labour Court or Tribunal may summon and examine any person whose evidence appears to it to be material and shall b e deemed to be a Civil Court within the meaning of section 480 and 482 of the Code of Criminal Procedure 1898. 25 . Assesors:- Where assessors are appointed to advise a Tribunal under sub-section (4) of Section 7- A or sub-section (4) of Section 7-B or by the Court, Labour Court or Tribunal under sub-section (5) of Section 11, the Court, Labour Court or Tribunal, as the case may be, shall, in relation to proceedings before it, obtain the advice of such assessors, but such advice shall not be binding on it. 26 . Fees for copies of a wards or other documents of Labour Court or Tribuna l:- (1) Fees for making a copy of an awar d on an order of a La bour Court, or Tr ibunal of a ny docu ments filed in any proceedings shall be char ged at the rate of Rs. 1 per page. (2) For certifying a copy of any such award or order of document, a fee of Rs.1 shall be paya ble. (3) Copying and certifying fees shall be pa yable in cash in adva nce. (4) Where a party applies for immediate delivery of a copy of any such award or order of documents, an a dditiona l fee equal to one – half of the fee leviable under this Rule shall be paya ble. 2 7 . Decision by major ity:- All questions a rising for decision a t any meeting of a Board or Court, save where the Court consists of one person, shall be decided by majority of the votes of the members thereof present (including the Cha irman) at the meeting. In the event of equa lity of vote, the Chairman shall also have a casting vote. 28. Correction errors:- A Board, Court, Labour Court, Tribuna l or Ar bitrator may a t any time cor rect any clerica l mista ke or error ar ising from an accidental slip or omission in any proceeding report, awar d or decision either of its or his own motion or on the a pplication of a ny of the parties. 2 9 . Right of Repr esentatives:- The repr esentatives of t he p arties a ppea ring befor e a Board, Cou rt, Labour Cour t or Tr ibunal or an Arbitrator shall have the right of examination, cross examination and of a ddressing the Board, Court, Labour Court, Tribunal or Arbitrator when an evidence has been called. 30 . Proceeding before a Board, Court, Labour Court or Tribunal:- The proceedings befor e a Board, Court, Labour Court or Tribunal shall be held in public: Provided tha t the Board, Court, La bour Court or Tribunal may at any stage direct that any witness shall be examined or its p roceedings sha ll be heldin camera. - 7 -Ex-310/2016 PART IV REMUNERATION OF CHAIRMAN AND MEMBERS OR PRESIDING OFFICERS OF LABOUR COURTS, TRIBUNAL, ASSESSORS AND WITNESSES: 3 1 . Travelling Allowance:- T he Chairman or a member of a Board or Court or the Presiding Officer or a n Assessor of a Labour Court or Tribunal, if non-officia l, shall be entitled to draw travelling allowance and halting allowance for any journey performed by him in connection with the performance of his duties at the rates admissible and subject to the conditions a pplicable to a Government servant of t he first grade under the Supplementar y Rules issued by the State Government from time to time 3 2 . Fees:- T he Chair man and members of a Board or Court, the Presiding Officer a nd an Assessor of a Labour Cour t or Tr ibunal wherever he is not a salaried officer of Government may be granted fees as may be sanct ioned by the Sta te Government in each case. 33 . Expenses of Witness:- E very person who is summoned and who duly attends or otherwise appears as a witness befor e a Boa rd, Court, Labour Court, Tribunal or an Ar bitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with resp ect to witnesses in civil courts in the State where the investigation, inquiry, adjudication or arbitration is being conducted. PART V NOTICE OF CHANGE 34. Notice of Change:- Any employer intending to effect any change into the conditions of service applicable to any matter specified shall give notice of such intention in For m E. The notice shall be displa yed conspicuously by the employer on a notice board at the main entr ance of the establishment in the Manager ’s Office. Provided that wher e any r egistered trade union of wor kmen exists, a copy of the notice shall also be ser ved by registered post on the Secretary of such union. PART –VI REPRESENTATION OF PARTIES 3 6 . Form of authority under Section 36:- T he authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in For m F. 37 . Parties bound by acts of representative:- Any party appearing by a representative shall be bound by the acts of tha t representative. PART VII WORKS COMMITTEE 38 . Constitution:- Any employer to whom an or der made under sub-s ection(1) of Section 3 relates shall forthwith pr oceed to constitute a Works Committee in the manner prescr ibed in this P art. 39 . Number of members:- T he number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and cla sses of workmen engaged in, and to the sections, shops or departments of the est ablishment: Provided that the total number of members shall not exceed twenty:- 8 - Ex-310/2016 Provided fu rther that the number of representatives of the workmen shall not be less than the number of r epresentatives of the employer. 4 0 . Representa tives of Employer:- Subject to the provisions of these Rules, the representatives of the employer shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the est ablishment. 41 . Consulta tion with trade union:- (1) Wher e any workmen of an establishment are members of registered trade union, the employer shall ask the union to inform him in writing – (a ) How many of the wor kmen are members of the union; and (b) How their membership is distributed among the sections, shops or departments of the establishment. (2) Wher e an employer has reasons to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may a fter informing the union refer the matter to the Deputy Labour Commissioner/Assistant Labour Commissioner for his decis ion and the Deputy Labour Commissioner/Assistant La bour Commissioner aft er hear ing the parties shall decide the ma tter and his decision sha ll be final. 42 . Group of workmen’s representatives:- On receipt of the information called for under Rule 41, the employer shall provide for the election of workmen’s representatives on the committee in two groups – (1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions; and (2) those to be elected by the workmen of the establishment who a re not members of the registered trade union bear ing the same proportion to each other as the union members in the establishment bear to the non-members: Provided tha t where more t han half the workmen are members of t he union or any one of the unions, no su ch divisions shall be made: Provided fu rther that where a registered trade union neglects or fails to furnish the information called for under sub-rule(1) of Rule 41 within one month of the date of the notice requiring it to fur nish such infor mation, such union sha ll for the purpose of this rule be treated as if it did not exist. Provided fur ther that where any reference has been made by the employer under sub- rule (2) of Rule 41, the election shall be held on receipt of the decision of Deputy La bour Commissioner /Assistant Labour Commissioner. 4 3 . Elect oral constituencies:- Wher e under Rule 42 the workmen’s r epresentatives are to be elected in t wo groups, the workmen entitled to vote shall be divided into two elector al constituencies, the one cons isting of those who are members of a registered trade union and the other of those who are not: Pr ovided tha t the employer may, if he thinks fit, sub-divide the electora l constit uency or cons tituencies, as the case may be, and direct that workmen shall vote in either groups, sections, shops or departments. 4 4 . Qua lifica tion of Candidates for Election:- Any workman of not less than 19 years of age and with a service of not less than one year in the establis hment ma y, if nominated as provided in this r ule, be a candidate for election as a representative of the workmen on the Commit tee: Provided tha t the service qualification shall not apply to the first election in an establishment which has been in existence for less t han a year.- 9 -Ex-310/2016 [Explanation:- A workman who has put in a cont inuous s ervice of not less than one year in two or more establishments belonging to the same employer shall be deemed to have sa tisfied the service qualification prescribed under this rule.] 4 5 . Qualification for voters:-All workmen who are not less than 18 years of a ge and who have put in not less than 6 months continuous service in the esta blishment shall be entitled to vote in the election of the represent atives of workmen. [Explanation:-A workman who has p ut in a continuous service of not less than 6 months in two or more establishment belonging to the same employer shall be deemed to have sa tisfied the service qualification prescribed under this rule.] 46. Procedure for election:- (1) The employer shall fix a date as the closing date for r eceiving nominations from candidates for elec tion as wor kmen’s r epres entatives of the Commit tee. (2) For holding the election, the employer shall also fix a date which shall not be earlier than 3 days and later than 15 days after the closing date for receiving nominations. (3) The dates so fixed shall be notified at least 7 days in advance to the workmen under registered trade union or unions concerned. Such notice shall be affixed on the notice-board after giving adequate publicity amongst the wor kmen. T he notice shall specify the number of seats to be elected by t he groups, sections, shops or departments and the number to be elected by the members of the registered trade unions or unions and by the non-members. (4) A copy of s uch notice sha ll be sent to the registered trade union or unions concerned. 47 . Nomination of Candidate for election:- (1) Every nomination shall be made on a nomination paper in Form G copies of which shall be supplied by the employer to the wor kmen requiring t hem. (2) Each nomina tion pa per sha ll be s igned by the candidate to whom it r elates and attested by at least two other voters belonging to the groups, sections, shops or departments the candidate seeking election will rep resent and sha ll be deliver ed to the employer. 48 . Scr utiny of nomination papers:- 1)On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the pr esence of the candida tes and the attesting persons and those which are not valid shall be rejected. 2)For the pur pose of sub-rule (1), a nomination paper shall be held to be not valid if (a) the candidate nominated is ineligible for membership under Rule 44; (b) the requirement of Rule 47 have not been complied with: Provided that where a candidate or an attesting person is unable to be present at the time of scr utiny, he may send a duly authorised nominee for the purpose. 3)Withdrawal of nominated ca ndidate’s validity:- Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of t he completion of scrutiny of nomination papers. 49 . Voting in election:- (1) If the number of candidates who have been validly nominated is equa l to the number of seats, the candidate shall be forthwith declared duly elected. (2) If in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the date fixed for election.- 10 - Ex-310/2016 (3) The election shall be held in such manner as may be convenient for each electoral constituency. (4) The voting shall be conducted by the employer a nd if a ny of t he candidates b elongs to a union, such of them as the union may nominate sha ll be associated with t he elect ion. (5) Every workman entitled to vote a t an electoral constit uency shall ha ve as many votes as there are seats t o be filled in the constituency. Provided that each voter shall be entitled to ca st only one vote in fa vour of any one candidate. 5 0 . Arrangement for Elect ion:- T he employer shall be responsible for all a rrangements in connection with the election. 51. Officers of the Committee:- (1) The Committee shall have among each office-bearers a Chairman, a Vice Chairman, a Secretary and a Joint Secreta ry. The Secreta ry and the Joint Secretary shall be elected every year. (2) The Chairman shall be nominated by the employer from amongst the employer ’s representatives on the Committee a nd he shall as far as possible be the head of est ablishment. (3) The Vice Cha ir man s ha ll be elected by the members of the Committ ee representing the wor ker s from amongst themselves: Provided tha t in the event of equa lity of votes in the election of the Vice-Chairman, the matter shall be decided by a dr aw of lot. (4) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the repr esenta tives of the employer, the J oint Secret ary shall be elected from amongst the repr esentatives of the workmen andvice-versa: Provided tha t the post of Secretar y or the Joint Secreta ry, as the case may be, shall not be held by r epresentatives of the employer or the workmen for two consecutive years: Pr ovided further that the repr esentatives of the employer sha ll not ta ke pa rt in the election of the Secretary or Joint Secretary as the case may be from a mongst the repr esentatives of the workmen and only the repr esentatives of the workmen shall be entitled to vote in such elect ions. (5) In a ny election under sub-rule (4) in the event of equality of votes, the matter shall be decided by a draw of lot. 52. Term of office:- (1) The term of office of the representatives of the Committee other tha n member chosen to fill a casual vacancy shall be two years. (2) A member chosen to fill a casual vaca ncy shall hold office for the unexpired term of his predecessor. (3) A member who without obtaining lea ve from the Committee fails to attend three consecutive meetings of the Committee shall for feit his membership. 5 3 . Vacancies:- In the event of workmen’s repr esentative ceasing to be a member under sub-rule (3) of Rule 52 or ceasing to be employed in the establishment or in t he event of his ceasing to represent the trade or vocation he was representing or resignation or death, his successor shall be elected in accordance with the provisions of this Part from the same category, group, section, shop or department to which the member vacating the seat belonged. 5 4 . Power to co-opt:- T he Committee shall ha ve the right to co-opt in consultative capa city person employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular quest ion is considered before the Commit tee.- 11 -Ex-310/2016 55. Meetings:- (1) The Committee may meet as often as necessary but not less than once in 3 months (a quarter). (2) The Committee shall at its first meeting regulate its own procedure. 56. Facilities for Meeting, etc.:- (1) The employer shall provide accommodation for holding meeting of the Committee. He shall also provide all necessar y facilities to the Committee and to the member thereof for carr ying out the work of the Commit tee. The Commit tee shall ordinarily meet during working hour s of the establis hment concerned on any working day and the represent atives of the workmen shall be on duty while attending the meeting. (2) The S ecr etar y of t he Committee may with the prior concur rence of t he Cha irma n put up notice regar ding the work of the Committee on the notice board of the establishment. (3) Submission of Returns:-The employer shall submit half yearly returns as in Form G-I in triplicate to the Deputy L abour Commissioner/Assistant Labour Commissioner not later than the 20th day of the month following the half-year. 5 7 . Dissolution of Works Committee:- The State Government or where t he power under S ection 3 has been delegated to any officer or authority under S ection 39, such officer or a uthorit y may after making such inquir y as it or he may deem fit, dissolute any Works Committee at any time by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these Rules or that not less than two-thirds of the number of repr esentatives of the workmen have without any reasona ble justification failed to a ttend three consecutive meetings of the Committee or that the Committee ha d for any other reasons ceased to funct ion: Provided tha t where a Works Commit tee is dissolved under this Rule, the employer may, and if so required by t he State Gover nment or, as the case may be, by such officer or authority shall, take steps to re-constit ute the Committee in accordance with these Rules. PART VIII MISCELLANEOUS 58. Memorandum of settlement:- (1) A settlement arrived at in the course of conciliation proceedings or otherwise shall be in Form H. (2) The settlement sha ll be signed by – (a ) In case of an employer, by the employer himself or by his authorized agent, or when the employer is an incorporated company or other body corpora te by the agent, manager or other principal officer of the corporation. (b) In case of the workmen, by any officer of tr ade union of the workmen or by 5 representatives of the workmen duly authorized in his behalf at a meeting of the workmen held for the purpose. (c ) In case of the workman in an industrial dispute under Section 2-A of the Act, the workman concerned. Explanation:- In this Rule, “officer” means any of the following officers, namely :- (a ) The president. (b) The Vice P res ident. (c ) The Secretar y (including the Genera l Secretary) (d) A Joint Secretary. ( e) Any other officer of the t rade union authorised in this behalf by the P resident and the Secretary of t he union. (3) Where a settlement is arrived at in t he course of conciliation pr oceeding, the Conciliation Officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the par ties to the dispute.- 12 - Ex-310/2016 (4) Wher e a settlement is arrived at between an employer and his wor kmen otherwise than in the cour se of concilia tion proceeding before a Boar d or a Conciliation Officer, the par ties to the settlement shall jointly send a copy thereof to the State Government, the Labour Commissioner and to the Assista nt Labour Commissioner concerned. 59 . Complaints rega r ding cha nge of condit ion of service, etc:- (1) Every complaint under Section 33-A of the Act shall be presented in triplicate in Form I and shall be accompanied by a s many copies of the complaints as there ar e opposite par ties to the compla int. (2) Every complaint under sub-rule(1) shall be verified at the foot by t he workmen making it or by some other person proved to the satisfa ction of the La bour Court or Tribuna l to be acquainted with facts of the case. (3) The person verifying shall specify, by references to the numbered paragra phs of the compla ints, what he ver ifies of his own knowledge and what he verifies upon infor mation r eceived and believed t o be t rue. (4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. 60 . App lication under Section 33:- (1) An employer intending to obtain the expressed permission in writing of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, under sub-section (1) or sub-section (3) of S ection 33 shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as t her e ar e opposite part ies. (2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, of any action taken by him under clause (a) or cla use (b) of sub-section (2) of section 33 shall present an application in Form K in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as t her e ar e opposite part ies. (3) Every application under sub-rule(1) or sub-rule(2) shall be verified a t the foot by t he employer making it or by some other persons proved to the sa tisfaction of the Conciliation Officer, Boar d, Labour Court or Tribunal to be acqu ainted with the facts of the case. (4) The person verifying shall specify, by r eference to the numbered para graphs of the application, what he ver ifies of his own knowledge and what he verifies upon infor mation r eceived and believed t o be t rue. (5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified. 61. Protected Workmen:- (1) Every r egistered t ra de union connected with an industrial esta blishment to which the Act applies shall communicate to the employer before 30th April every year, the names and addresses of such of the officers of the union who are employed in that establishment and who in the opinion of the union should be recognized as “protected workmen”. Any change in the incumbency of any such officer sha ll be communica ted to the employer by the union within 15 days of such change (2) The employer shall subject to Section 33 and sub-section (4) recognize such workmen to be “protected workmen” for the purposes of sub-section (3) of the said section and communicate to the union in writing within 15 days of the receipt of the names and addresses under sub-rule (1) the lis t of workmen r ecognized as protected workmen for the period of 12 months from the date of such communication.- 13 -Ex-310/2016 (3) Where the total number of names received by the employer under sub-rule(1) exceed the maximum number of protected workmen admissible for the establishment under Section 33, sub-section (4), the employer shall recognize as protected workmen only such maximum number of wor kmen: Provided that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of r ecognized protected workmen in individual unions bear roughly t he same propor tion to one another as the membership figures of the unions. The employer shall in tha t case intimate in writing to the President or Secretary of the union the number of protected workmen allotted to it: Provided further that where the number of protected workmen allotted to a union under this sub-rule falls short of the number of officer of the union seeking pr otection, the union shall be entitled to select the officer s to be recognized as protected wor kmen. Such selection shall be made by the union and communicate to the employer within 5 days of the receipt of the employer ’s lett er. (4) When a dispute ar ises between a n employer and any registered tra de union in any matter connected with the recognition of “protected workmen” under this Rule, the disputes shall be referred to Labour Commissioner or Deputy Labour Commissioner whose decision thereon shall be final. 62. Application for recovery of dues:- (1) Wher e any money is due from an employer to a wor kman or a group of wor kmen under a settlement or an award or under the provisions of Chapter 5-A/Chapter 5-B, the workmen or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due: Provided tha t in the case of a person authorized in writ ing by the wor kmen or in the case of t he death of the workma n, the a ssignee or heir of the deceased workman, the applica tion shall be made in Form K-2. (2) Wher e any workman or a gr oup of workmen is entitled to receive from the employer any money or any benefit which is capa ble of being computed in terms of money, the workma n or the group of workmen, as the case may be, may apply to the specified La bour Court, in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed: Provided that in the case of the death of the workman, applica tion shall be made in Form K-4 by the assignee or heir of the deceased workman. 63 . Appointment of Commissioner :- Where it is necessary to appoint a Commissioner under sub- section (3) of Section 33-C of the Act, the La bour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a Judge of C ivil Court or a Stipendiary Magistrate or a Registr ar or Secretary of Labour Cour t or Tribunal constituted under any Provincial Act or State Act or of a Labour Court or Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Dispute (Appellate Tribunal Act) Act, 1950. 64 . Fees for the Commissioner, etc:- (1) The Labour Court s hall, after consultation with the pa rties, estimate the pr obable duration of the enquiry and fix the amount of the Commissioner ’s fees and other incidental expenses and direct the payment thereof into the nearest treasury within a specified time by such party or parties and in such proportion a s it ma y consider fit. The Commissioner sha ll not issue until sa tisfact or y evidence of the deposit into t he tr easury of the sum fix ed is filed before the Labour Court:- 14 - Ex-310/2016 Provided tha t the Labour Court may from time to t ime dir ect that any fu rther sum or sums be deposited into the treasury within such time and by such parties as it may consider fit: Provided further that the Labour Court may in its discretion extend the time for depositing the sum into the treasury. (2) The Labour Court may at a ny time for reasons to be recorded in writing vary the amount of the Commissioner ’s fees in consultation with the parties. (3) The Labour Court ma y direct that the fees shall be disbursed to the Commissioner in such installments and on such da tes as it may consider fit. (4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or par ties who deposit ed the sum in the same propor tion as that in which it was deposited. 65 . Time for submission of report:- (1) Every order for the issue of commission, the Labour Court shall appoint a date allowing sufficient time for the Commissioner to submit his report. (2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he sha ll apply befor e the expiry of the said date for extension of time, setting forth grounds thereof, and the Labour Court shall take such grounds into cons ideration in passing orders on the application: Provided that Labour Court may grant extension of time not withstanding that no application for such extension has been r eceived from the Commissioner with the prescr ibed time-limit. 6 6 . Loca l investigation:- In any industria l dispute in which the Labour Court deems a local investiga tion to be requisite or proposed for the purpose of computing the money va lue of benefit, the La bour Court may issue a commission to a person referred to in Rule 63 directing him to make such investigation and to report thereon to it. 67. Commissioner ’s Report:- (1) The Commissioner, a fter such local inspection as he deems necessary and after reducing to writ ing the evidence taken by him, shall return such evidence together with his repor t in writing signed by him to the Labour Court. (2) The report of the Commissioner and the evidence t aken by him (but not the evidence wit hout the report) shall b e evidence in the industrial dispute and sha ll form part of the record of the proceedings in the industrial dispute; but the Labour Court or with the permission of the Labour Cour t, any of the parties to the industrial dispute, may exa mine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or a s to his repor t or as to the manner in which he has made the investigation. (3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further enquiry to be made as it shall think fit. 6 8 . Powers of Commissioner:- Any Commissioner appoint ed under these Rules may unless otherwise directed by the order of a ppointment- a)examine the parties themselves a nd any witness es whom they or any of them may produce and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referr ed to him; b)call for and examine documents and other things r elevant to the subject of enquiry; c)at a ny reasonable time enter upon or into any premises mentioned in the or der.- 15 -Ex-310/2016 69. Summoning of witnesses, etc:- (1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to the summoning, attendance, examination of witnesses and penalties to be imposed up on witnesses, shall a pply to persons r equired to give evidence or to produce documents before the Commissioner under these Rules. (2) Every person who is summoned and appear s as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under Rule 64 of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in the Civil Courts. 70. (1 ) Representation of parties before the Commissioner:- The parties to the Industrial Dispute shall appear before the Commissioner either in person or by any other person who is competent to represent them in the pr oceedings befor e the Labour Court. (2 ) Preservation of records by the State Industrial Tribunal Labour Courts:- (a ) The records of the State Industrial Tribunal or Labour Court specified in Column 1 of the Table below shall be preserved for the periods specified in the corresponding entry in Column 2 thereof after the proceedings are finally disposed of by such Tribunal or Labour Courts. TABLERecordsNo. of years for which the records sha ll b e preserved 1 2 1)Orders and Judgments of State Industrial Tribuna ls or La bour Courts 10 years 2)Exhibited documents in the above mentioned Tribuna ls or Courts10 years 3)Other papers 7 years (b) Not withstanding anything contained in sub-rule (a), the record of the State Industrial Tribunals or Labour Courts connected with writ petitions, if any, filed in the High Courts or Supreme Cour t or connected with appeals by specia l lea ve, if a ny, filed in the Supreme Court s ha ll be preserved at least till the final disposal of such writ petitions or appeal by special leave. 71. Notice of Strike:- (1) The notice of strike to be given by workmen in a public u tility service shall be in For m L. (2) On receipt of a notice of a strike under sub-rule (1), the employer shall for thwith intimate the fact s to the Conciliation Officer having jurisdiction in the matter. 7 2 . Notice of Lock-out :- The notice of lock-out to be given by an employer ca rrying on a public utility service sha ll be in Form M. The notice shall be displayed conspicuously by the employer on a notice boar d at the main entrance to the establis hment a nd in the Manager ’s Office: Provided that where registered tr ade union exists, a copy of t he notice shall also be served to the Secretary of the union. 7 3 . Report of Lock-out or str ike:- The notice of lock-out or strike in a public utility service to be submitted by the employer under s ub-section (3) of Section 22 shall be in For m N. 7 4 . Report of notice of strike or lock-out:- T he repor t of notice of strike or lock-out to be submitted by the employer under sub-section (6) of Section 22 shall be sent by registered post or given personally to t he Labour Commissioner, Deputy Labour Commissioner/Assistant Labour Commissioner with a copy by registered post to :-- 16 - Ex-310/2016 (1) The Administrative Department of the Government of Mizora m concerned. (2) The Labour Commissioner. (3) The District Magistrate concerned. 7 5 . ( 1 ) Registered of settlements:- The Conciliation Officer shall file all settlements effected under this Act in r espect of disputes in t he area within his jur isdiction in a register mainta ined for the pur pose as in For m O. ( 2 ) Notice of lay off:- (a ) If a ny workman employed in an industrial establishment a s defined in the expla nation below Section 25-A, not being an industrial establishment referred to in sub-section (1) of that section, is laid-off, then the employer concerned shall give notices of commencement and termina tion of such lay-off in Forms O-1 and O-2 respectively within 7 da ys of such commencement or termina tion a s the case may be. (b) Such notices shall be given by an employer in every case irresp ective of whether, in his opinion, the workman laid-off is or is not entitled to compensation under Section 25-C. ( 3 ) Applica tion for permission for lay-off under Section 25-M:- (a ) Application for permission to la y-off a ny workman under sub-section (1) or for permission to cont inue a lay-off under sub-section (3) of Section 25-M shall be ma de in Form O-3 and delivered to the authority specified under sub-section (1) either personally or by registered post acknowledgement due and where the application is sent by registered post, the date on which the same is delivered to the said authority shall be deemed to be the date on which the application is made for the purpose of sub-s ection (5) of the sa id section. (b) The application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and proof to that effect shall also be submitted by the employer a long with the application. (c ) The employer concerned shall fur nish to the authority to whom the application for permission has been ma de such further infor mation as the authorit y considers necessary for ar riving at a decision on the application as and when called for by such authority so as to enable the authority to communica te the permission of refusal to grant permission within the period specified in sub-section (5) of Section 2 5-M. (d) Wher e the permission to la y-off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner a notice of commencement a nd termination of such lay- off in Forms O-1 and O-2 r espectively and where permission to continue a lay-off has been granted by the said authority, the employer sha ll give to the Labour Commissioner a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under clause (a) of sub-rule (2) of Rule 75 and a notice of termination of s uch lay-off in Form O-2. 7 6 . ( 1 ) Notice of retrenchment :- If any employer desir es to r etrench any workman/ employee in his industrial establishment who has been in continuous service for not less than one year under him (here in after referred to as ‘workman’ in this rule and in Rule 77 and 78), he shall give notice of such retr enchment as in Form P to the State Government, the Labour Commissioner, Depu ty Labour Commissioner and Assistant Labour Commissioner and the Employment Exchange concerned by registered post in t he following manner: a)Wher e notice is given to the workman notice of retrenchment shall be sent within three days from the date on which notice is given to the workman: b)Wher e no not ice is given to the workman a nd he is paid one month’s wages in lieu thereof, notice of r etrenchment sha ll be sent within 3 da ys from the date on which such wages are paid; and- 17 -Ex-310/2016 c)Where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retr enchment shall be sent so as to reach the Government, the La bour Commissioner, the Deputy Labour Commissioner /Assistant Labour Commissioner and the Employment Exchange concer ned at least one month before such date: Provided tha t if the date or termination of service agreed upon is within 30 days of agreement, the notice of retrenchment shall be sent to the Government, the Labour Commissioner, the Deputy Labour Commissioner/Assistant Labour Commissioner and the Employment Exchange concerned within 3 days of agreement. ( 2 ) Notice of and Applica tion for per mission for r etr enchment:- (a ) Notice or, as the ca se may be, the application under sub-section (1) of Section 25-N for retr enchment shall be served in Form P-A and served on the Government or such authorit y as may be specified by the Government under t he said clause either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same is delivered to the State Government or the authority shall be deemed to be the date of service of the notice for the purposes of sub-section (4) of the sa id section. (b) The notice or, as the case may be, the application shall be made in triplicate and copies of such notice or as the ca se may be the a pplication shall be served by the employer on the wor kmen concerned and a proof to that effect shall also be submit ted by the employer along with the notice or, as case may be, the application. (c ) The employer concerned sha ll furnish to the State Government or the authority to whom the notice for retrenchment has been given or the a pplication for permission for retrenchment has been made under sub-section (1) of Section 25-N, such further information as the State Government or, as t he case may be, the a uthority considers necessary for arr iving at a decision on t he notice or, as the case may be, the application as and when ca lled for by such authority so a s to enable the State Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-s ection (4) of S ection 25-N. ( 3 ) Notice of closure:- If a ny employer intends to close down an underta king, he sha ll give notice of such closure in Form-Q to the State Government, the Labour Commissioner, the Deputy Labour Commissioner, the Assistant Labour Commissioner and the Employment Exchange concerned by registered post. ( 4 ) Notice of, and application for permission for, closure:- (a) Notice under sub-section (1) of Section 25-O of intended closure shall be given in For m QA and served on the State Government either persona lly or by registered post acknowledgement due. A copy of such application shall be served simultaneously by registered post on the President or Secretar y of registered trade union(s) funct ioning in the establishment and notice in this regard shall also be displayed conspicuously by the employer on a notice board at the main entr ance to the establishment for the information of all the concerned workmen at the same time when a pplications are served on the Government. (b) The notice or, as the case may be, the a pplication sha ll be made in triplicate. (c ) The employer concerned shall furnish to the State Government to whom the notice of intended closure has been given or the application for permission to close down has been made, such further information as the Government considers necessary for ar riving a t a decision on the notice or, as the case may be, the application, and calls for from such employer. 7 7 . Maintenance of seniority list of workmen:- T he employer shall prepa re a list of all workmen in the particular category fr om which retrenchment is contemplated to be arranged accor ding to the seniority of their service in tha t category and cause a copy t hereof to be pasted on a notice boar d in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.- 18 - Ex-310/2016 78. Re-employment of retrenched workmen:- (1) At least ten days before the date on which va ca ncies ar e to be filled, the employer sha ll arra nge for the dis play on a notice board in a conspicuous place in the premises of the industrial esta blishment deta ils of those vacancies and shall also give intimation of those vacancies by registered post to ever y one of a ll the retrenched wor kmen eligible t o be considered ther eof to the address given by him at the time of retrenchment or a t any time thereof: Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the seniormost retr enched workmen in the list referred to in Rule 77 the number of such senior most wor kmen being double the number of such vacancies: Provided also that if a retrenched workman, without sufficient cause being shown in writ ing to the employer, does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any s ubsequent occasion. (2) Immediately after complying with the provision of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment of the number of vaca ncies t o be filled and names of the retrenched workmen to whom intimation ha s been sent under that sub- rule: Provided that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under Rules 77. 7 9 . Penalties:- Any breach of these Rules shall be punishable with fine not exceeding five hundred rupees. SCHEDULE FORM A (See Rule 3)Form of application for the reference of an Industrial Dispute to a Board of Conciliation/Court of Enquiry/ Labour Court/Tribunal/State Tribunal under Section 10(2) of the Industrial Disputes Act, 1947. Wher eas an industr ial dispute *Is apprehended/exists between ……………………………and…………………….and it is expedient that *The dispute/investigation a nd settlement/the matters specified in the enclosed statement which are connected with or relevant to the dispute should be r eferred for *Enquiry/adjudication by a board of conciliation/ a Court of Enquiry/a Labour Court/a Tribuna l an application is hereby made under sub-section(2) of section 10 of the Industrial Dispute Act, 1947 that the *Said matters/said dispute should be referred to *A board of C oncilia tion/a Court of Enquiry/a Labour Court/a Tribunal. This application is made by the undersigned who have/has been duly authorised to do so b y virtue of resolution(copy enclosed) adopted by a majority of the members present at a meeting of the………….. held on the………., 20 A statement giving the particulars required under Rule 3 of the Mizoram Industr ial Disputes Rules, 2015 is attached.- 19 -Ex-310/2016 Dated the……………………… Signature of employer……………….. Or agent………………………………… Or manager……………………………. Or principal officer of the corporation……………………….. Signature of the President of the trade union**………. Secretary of the trade union…………. Or Signature of five representa tives duly authorised (vide resolution enclosed)……………… or Signature of the workman in the same establishment duly author ised ( vide authorisation enclosed)……………… To The Secreta ry to the Government of Mizoram. Labour, Employment & Industrial Tra ining Institute Department. Statement r equired under Rule 3 of the Mizoram Industrial Disputes Rules, 2015 to accompany the form of application prescribed under-section (2) of section 1 0 of the Industrial Disputes Act, 1947: (a ) Parties to the disputes including the name and address of the establishment or undertaking involved; (b) Specific matters in disputes; (c ) Tota l number of wor kmen employed in the undertaking affected; (d) Estimate number of workmen affected or likely to be affected by the dispute; ( e) Efforts made by the parties themselves to adjust the dispute. Copy to- i.The Labour Commissioner…………………[here enter office address of the Labour Commissioner in the loca l area concerned]; ii.The Deputy Labour Commissioner iii. The Assistant Labour Commissioner; FORM B (See Rule 6) Wher eas an industrial dispute has arisen between……………and……………..a nd it is expedient to refer the said dispute under Section 10 of the Industrial Disputes Act , 1947 to a Boa rd of C oncilia tion for the purpose of investigating the same and for promoting settlement thereof, you are hereby required to intimate to t he undersigned not later than the…………………..the name(s) and address(es) of one/two person(s) whom you wish to recommend for appointment as your repr esentatives(s) on the said Board. If you fail to make the recommendation by the da te specified a bove, the State Government will select and a ppoint such person(s) a s it thinks fit to represent you. Secr etary to the Government of Mizoram Labour, Employment & Industrial Training Department- 20 - Ex-310/2016 FORM C (See Rule 7) Agr eement (Under Section 10-A of the Industrial Disputes Act, 1947) Between Names of the Parties- Repr esenting employers: Representing workmen/workma n: It is hereby agreed between the parties to refer the following dispute to the arbitration of …………..[here specify the name(s) and address(es) of the arbitrators]: (i) Specific matters in dispute: (ii) Details of the parties to the dispute including the name and address of the establis hment or undertaking involved; (iii) Name of the workmen in case he himself is involved in the disputes, or the name of the union, if any, repr esenting the wor kmen or workman in question; (iv) Tota l number of wor kmen employed in the undertaking affected; (v) Estimate number of workmen affected or likely to be affected by the dispute. * We further agree that- The majority decisions of the arbitrator s be binding on us, and in case the a rbitrators are equally divided in their opinion, that they shall appoint a nother person(s ) as umpire whose award shall be binding on us. The arbitrator(s) shall make his/their award within a period of……………………………… (her e specify the period agreed up on by the parties) from the da te of publication of this agreement in the Official Gazette by the appropriate Government or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period a forementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration. Signa ture of the parties. Rep resenting employer. ** Wor kma n/Representing Workma n/Workmen Witnesses: (1) (2) Copy to: (i)The Labour Commissioner (here enter office of t he Labour Commissioner in local area concerned) (ii)The Deputy Labour Commissioner (iii)The Secretar y to the Government of Mizora m, La bour, Employment & Industr ia l Tra ining Depa rtment. *Wher e applicable. ** Delete whichever is not applica ble.- 21 -Ex-310/2016 FORM D (See Rule 17) Whereas as industrial dispute between………….and………..has been referred Board of Conciliation for investigation a nd settlement, Court of Inqu iry for investigation, Labour Court/Tribunal for adjudication, under Section 10 of the Industrial Disputes Act, 1947, you a re hereby summoned to appear before the Board/Court/Labour Court/Tribunal in person on the………………….. day of…………………………….. at……………………………..o’clock in the …………………………………….. noon to answer all material questions relating to the said dispute and you a re directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal. Dated…………………………………… Chairman/Secretary ________________ Boar d of concilia tionCourt of Enquiry Presiding Officer/Secretary_______________ Labour CourtTribunal FORM E (See Rule 34)Notice of change of Service Condition proposed by an Employer Name of employer……………………………………………………….......…………………………… Address…………………………………………………………………....……………………………… Dated the…………………………………........……day of…………………….20…………………….. In accordance with Section 9-A of the Industrial Disputes Act, 1947 , I/we hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from……………….. in the conditions of service applicable to workmen in respect of the matters specified in t he Fourth Scheduled to the said Act. Signature…………………………. Designation………………………. ANNEXURE (Here specify the change/changes, intended to be effected) Copy forwarded to: (1)The Secretar y of registered trade union, if any. (2)Labour Commissioner …………………..[here enter office a ddress of the Labour Commissioner in the loca l area concerned]: (3)Deputy Commissioner………………………….(Zone). (4)Assistant Labour Commissioner, Aizawl.- 22 - Ex-310/2016 FORM F (See Rule 36) Before(Here mention the a uthorit y concerned) Reference No…………………………………………………of …………………………….workmen. Versus …………………………………………………………………..Employer. In the matter of………………………versus……………………… I/we hereby authorise Shri/ Smt……………………………………………. to represent me/us in the above matter. Dated this…………………………………………day of…………………………..20 Signature of person(s) nominating the representative(s) Address Accepted Signature of repres entative(s) Address FORM G (See Rule 47) F or m of Nomina tion Pa per Name of Industrial Establishment Group/Section/Shop/Department I nominate (here enter the name of the wor kmen’s representatives eligible for election) as a candidate for election to the Wor ks Committee. He is eligible a s a voter in the constituency for which he is nomina ted. Signature of proposer Date…………………….. I agree to the pr oposed nomina tion Signature of candidate Date……………………………….. Attested by: (1) (2) (To be signed by any two voters belonging to the electoral constituency) - 23 -Ex-310/2016 FORM G-I [See Rule 56 (3)]Progress Report on constitution and functioning of Works Committee for the half-year ending the 30th June/31st December, 20…… 1.Name and address of the establishment. 2.Name of the employer. 3.(a)Number of Unions, if any. (b)Affiliation of the Union(s) to the State Organisation of workers. 4.If the Works Committee has been functioning- (a)Date of its constitution. (b)Nu mber of workmen’s rep res ent atives(elec ted member s) (c)Number of employer ’s representatives(nomina ted members) (d)Number of meetings held during the half-year(with da tes) 5.If the Works Commit tee had not been functioning, the difficulties encountered in its constitution/ functioning. 6.General rema rks, if any. Date…………………………………… Place………………………………….. Signature of employer or his repr esentat ives FORM H (See Rule 58) Form for Memorandum of Settlement Names of Parties Representing employer (s): Representing Workmen: Short Recital of the case Terms of Settlement Signature of the parties………….. Witnesses (1)………………………………………………………….. (2)………………………………………………………….. *Signature of Conciliation Officer/Boa rd of C oncilia tion Copy to ** (1)Labour Commissioner…………………………………………… (her e enter the office address of the Labour Commissioner in the local area concerned)- 24 - Ex-310/2016 (2)Deputy Labour Commissioner…………………………………. (3)Assistant Labour Commissioner, Mizoram : Aizawl (4)The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Deaprtment. * In Case of settlement effected by Conciliation Officer/Boa rd of Concilia tion ** In case where settlement are a rrived at between the employer and his workmen otherwise than in the cour se of conciliation. FORM I (See Rule 59) Before the Labour Court/TribunalComplaint under Section 33-A of the Industrial Disputes Act, 1947 A………………………………………Complainant(s) Versus B…………………………………….Opposite Party/Parties Address: In the matter of Reference No……………………………… The petitioner(s) begs/beg to complain that the Opposite Party/Parties has/have been guilt y of contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947) as shown below: (Here set out briefly the particulars showing the manner in which the alleged cont ravention has taken place and the grounds on which t he order or act of the Management is challenged) The complainant(s) accordingly prays/pray that Labour Court/Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its Annexure required under Rule 59 of the Mizoram Industrial Disputes Rules, 2015 are submitted herewith. Signature of Complainant(s) Dated this…………………………………..day of…………………20………. Verification I do solemnly decla re that what is stated in para graphs…………………… above is true to my knowledge and that what is stated in paragraphs…………………….above is stated upon information received and believed by me to be true. This verification is signed by me at…………………. on…………………. day of…………………20………………. Signature or Thumb impression of the person verifying - 25 -Ex-310/2016 FORM J [See Rule 60(1)] Before(her e mention the Conciliation Officer, Board, Labour Court or Tribunal) Application for permission under sub-section(1)/sub-section (3) of Section 33 of the Industrial Disputes Act, 1947(14 of 1947), in the matter of Reference No………………. A: ……………………………………..Applicant Address Versus B: ……………………………..Opposite Party/Parties Address(es) The above mentioned applicant begs to state as follows: [ Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for.] The applicant, therefore, prays that expressed permission may kindly be granted to him to take the following action namely: [ Here mention the a ction specified in clause (a ) or clause (b) of sub-section (1)/ sub-section (3) of Section 33.] Signa ture of the applicant Dated this………………………….day of……………….20……………….. Space for Verifica tion (Signature of person verifying) Date (on which the verifica tion wa s signed)………………………… Place (at which the verification was signed)…………………………. FORM K [See Rule 60(2)] Before( Here mention the Conciliation Officer, Boa rd, Labour Cour t, Tribunal). Application under sub-section (2) of Section 33 of the Industrial Disputes Act, 1947(14of 1947), in the matter of Reference No……………………………………. A………………………………………Applicant Address: Versus B………………………………….Opposite Party/Parties- 26 - Ex-310/2016 Address: The above-mentioned applicant begs to state as follows:(Her e set out the relevant facts and cir cumst ances of the case) * The Workma n/workmen discharged/dismissed under clause(b) of sub-section (2) of Section 33 has/have been paid wages for one month. The applica nt prays that the Conciliation Officer/Board/Labour Court/Tribuna l may be pleased to appr ove of the act ion ta ken namely: [Here mention the action taken under clause (a) or clause (b) of sub-s ection (2) of section 33.] Signature of applicant Dated this……………………day of……………………20………… Dated (on which the verification was signed)………………….... ..…. Palce (at which the verification was signed)…………………….....… *Delete if not applicable FORM K-I [See Rule 62(1)] Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 To (1) The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Department. (2) The Labour Commissioner…………………….( here insert the name of t he region). Sir, I/we have to state that I am/we ar e entit led to receive from M/s……………………… a sum of Rs…………………..on account of………………… under the provisions of Chapter V-A/Chapter V-B of the Indu strial Disputes Act, 1947 in terms of the award dated the…… ……..given by…………./in t erms of the settlement dated the…………….arrived at between the said M/s………………..and their workmen through…………….. the duly elected representatives. I/we further state that I/we served the management with a demand notice by registered post on………………….. for the said a mount which the management ha s neither paid nor offered to pay to me/ us even though a fortnight has since ela psed. T he deta ils of the amount have been mentioned in the statement her et o a nnex ed. I/we request that the said sum may kindly be r ecovered from the management under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me/us a s early as possible Signature of Applicant(s)Address(es) 1. 2. 3. 4. Station…………………………….. Date………………………………… ANNEXURE [ Here indica te the details of the amount (s) claimed] - 27 -Ex-310/2016 FORM K-2 [See Rule 62(1)]Application by a person authorised by a workman or by the assignee or heir of a deceased workman under sub-section(1) of Section 33-C of the Industrial Disputes Act, 1947 To (1) The Secretary to the Government of Mizoram, Labour, Employment & Industrial Training Department. (2) The Labour Commissioner ...................................... ( here insert the name of the region) Sir, I *Shri/Shrimati/Kumari…………………….. have to state that *Shri/Shrimati/Kumari ………………. *is/was entitled to receive from M/s……………… a sum of Rs…………….on account of………………………. under the provisions of Chapter V-A/Chapter V-B of the Industrial Disputes Act, 1947/in terms of the award, dated the ……………given by………………/in terms of the settlement dated the…… …………. a rrived at between the said M/s……………. .and their wor kmen through…………the duly elected representatives. I further state tha t I served the ma nagement with a demand notice by registered post on………………………..for the said amount which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed. I request that the said su m may kindly be recovered from the ma nagement under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me as early as possible. *I have been duly authorised in writ ing by……….( here insert the na me of the workman) to make this application and to r eceive the payment of the aforesaid amount due to him. *I a m the a ssignee/heir of the deceased workman and am entitled to receive the payment of the afor esaid a mount due to him. Station………………… Date…………………… Signature of the application………………………….. Address……………………………………………… ANNEXURE ( Here indicate the details of the amount claimed) [*Strike out the por tions inapplica ble] FORM K-3 [See Rule 62(2)] Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 Before the State Government Labour Court at………………………………………. Between (1)Name of the applicant(s). (2)Name of the employer. The petitioner …………………………… a workman of……………………. M/s …………………. of ………………………………- 28 - Ex-310/2016 The petitioners undersigned workmen of………………………… is/ar e entitled to r eceive from the said M/ s……………………………….. the money/benefits mentioned in the statement hereto annexed. It is prayed that the Cour t be pleased to determine the amount/amounts due to the petitioner (s).Signa ture or thumbAddress(es) impr ession(s) of the applicant(s) 1. 2. 3. 4. Station………………………….. Date……………………………. ANNEXURE ( Here set out the details of the money due or the benefit accrued together with the case for their admissibility. ) FORM K-4 [See Rule 62(2)] Application by a person who is an assignee or heir of a deceased workman under sub- section (2) of Section 33-C of the Industrial Disputes Act, 1947 Before the State Government Labour Court at………………………………………. Between (1)Name of the applicant(s). (2)Name of the employer. I am/We a re t he a ss ignee(s )/ heir(s) of the decea sed wor kman and am/a re entitled to ma ke a n application on his behalf. Shri............................ is a former workman of M/s ……………of…………… is entitled to receive from the said M/s……………………….. the money/benefits mentioned in the statement hereto annexed. It is prayed that the Court be pleased to determine the amount/amounts due to the deceased workman. Address of workman.................... Signature or thumb impression(s) of the applicant(s) ................................... Address of the applicant(s) ................... Station………………………….. Date……………………………... ANNEXURE ( Here set out the details of the money due or the benefit accrued together with the case for their admissibility. ) - 29 -Ex-310/2016 FORM L [See Rule 71]For m of Notice of Strike to be given by Union/Workmen in Public Utility Service (Name of Union) [Name of five elected rep resent atives of wor kmen] Dated the………………….day of…………………20…………. To (the name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub-section(1) of Section 22 of the Industrial Disputes Act, 1947, I/we hereby give notice that I/we propose to go on strike on ………………………. 20……………….for the reasons explained in the Annexure. Yours faithfully, ______________________________________ Secretary of the Union [Five representatives of the workmen duly elect ed at a meeting held………………………. (dated). Vide resolution attached.] ANNEXURE Stat ement of the C ase. Copy to: (1)Labour Commissioner (Here enter office address of the Labour Commissioner in the local area concerned) (2)Deputy Labour Commissioner…………….. (3)Assistant Labour Commissioner Mizoram : Aizawl FORM M (See Rule 72) Form of Notice of Lock-out to be given by an Employer carrying on a public Utility Service Name of employer…………………………………... Address……………………………………………… Dated the……………………….day of……………….20………… In a ccordance with the provisions of sub-section(2) of S ection 22 of the Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is my/our intention to effect a lock-out, in…………………………………. department(s), section(s) of my/our establishment with effect from……………………….. for the reasons explained in the annexure.- 30 - Ex-310/2016 Signature…………………………………….. Designation………………………………….. ANNEXURE Statement of Reasons Copy forwarded to: (1)The Secretar y of the Registered Union, if any (2)Labour Commissioner……………………………… [Here office address of the Labour Commissioner on the local area concerned] (3)Deputy Labour Commissioner………… (4)Assistant Labour Commissioner, Mizoram : Aizawl FORM N (See Rule 73) Form of Report of Strike or Lock-out in a Public Utility Service Information to be supplied in this form immediately on the occurrence of a strike or lock-outin a public utility service to the Deputy Labour Commissioner for the local area concerned 1234567891011 Notes .- Give the average number of workmen employed during the month previous to the day on which Column (3) the strike or lock-ou t occurr ed. While r eckoning the average, omit the days on which the attendance was not normal for reasons other than individual reasons of particular workmen. Thus days on which strike or lock-out occur s or communal holiday is enjoyed by a la rge section of workers should be omit ted. Column (4) If, say, 200 workers in a factory strike wor k and in consequence the whole factory employing 1,000 workers has to be closed tha n, 200 s hould b e shown under “ directly” and the remaining under “indirectly”. If the strike of 200 workers does not affect the working of the other depa rtments of the factory, the number of workers involved would only be 200, which figure should appear under “directly” a nd column “indirectly” would be blank. Column (8) Give the main causes of the dispute as well as the immediate cause that led to the strike or lock-out. Name of under takingStation and DistrictNormal working strengthNumber of Workers involved Directly Indirectly Strike or Lock-outDate of commen- cement of strike or lock - outCause Was notice of strikeor lock–out given? If so, on¬for what periodIs there any permanent agency or agreement in the undertaking for the settlement of disputes between the emplo-yerand workmen? If any exists,partic- ulars thereofAny other infor- mation - 31 -Ex-310/2016 FORM O [See Rule 75 (1)] Register-Part I Seria l No.IndustryParties to the SettlementDat e of s ettlementRemarks Whether the settlement was effected at the interview of the concilia tion machinery or by mutual negotiations between the parties may be indicated here.Part-II Should cont ain one copy each of the settlement in the serial order indicted in Par t I. FORM O-1 [See sub-rule (2) of Rule 75] To The Labour Commissioner, ………………………………… ( Here specify the region concerned) Sir, Under Rule sub-rule (2) of Rule 75 of the Mizoram Industrial Disputes Rules, 2015, I/we hereby inform that I/we have laid off……………………….. out of a total of*…………………………workmen employed in the establishment with effect from**…………………………………for the reasons explained in the Annexure. 2. Such of the workmen concerned as are entitled to compensation under Section 25-C of the Industrial Disputes Act, 1947 will be paid compensation due to them. Yours faithfully *** Copy forwar ded to Labour Commissioner ( here specify the address of the Labour Commissioner of the local area concerned.) ANNEXURE Statement of Reasons *Her e inser t the number of wor kmen. **Here inser t the date. ***Here insert the position which the person who signs the letter holds with the employer issuing the letter.- 32 - Ex-310/2016 FORM O-2 [See sub-rule (2) of Rule 75] To The Labour Commissioner, ………………………………….(Here specify the region concer ned) Sir, As required by sub-rule (2) of Rule 75 of the Mizoram Industrial Disputes Rules, 2015 and in continuation of my/our notice dated*…………………………………. in Form O-1, I/we hereby inform you that lay-off in my/our establishment has ended on………………………………. Yours faithfully, ** Copy to the Labour Commissioner……………………………………………. [Here specify the a ddress of the Labour Commissioner of the local area concerned] *Her e inser t the date. **Here insert the position which the per son who signs the letter holds with the employer issuing the letter. FORM O-3 [See Rule 75 (3) (a)] (To be submitted in triplicate) For m of application for permission to lay off to continue the lay-off of workmen in industrial esta blishments to which pr ovisions of C ha pter V-B of the Industria l Disputes Act, 1947(14 of 1947) apply To …………………………… …………………………… …………………………… [T he author ity specified under sub-section (1) of Section 25-M] Sir, Under *sub-section (1)/sub-section (3) of Section 25-M of the Industrial Disputes Act, 1947(14 of 1947) read with clause (a) of Rule 75 (3) of the Mizoram Industrial Disputes Rules, 2015, I/we hereby apply for *permission to the lay-off/permission to continue the lay-off…………………workmen of a total of………………….workmen employed in my/our establishment with effect from……………………. for the reasons set out in the Annexure. Permission is solicited* for the lay-off/to continue the lay-off of the sa id workmen. Such of the workmen permitted to be laid-off will be paid such compensa tion, if any, to which they are entitled under sub-section (6) of Section 25-M read with Section 25-C of the Industrial Disputes Act, 1947(14 of 1947). Yours faithfully, (Signature)*Str ike out whatever is inapplica ble.- 33 -Ex-310/2016 ANNEXURE (Please give replies aga ins t each item)Item No. 1.Name of the underta king with complete pos tal addr ess, including telegra phic address a nd telephone numb er. 2.Status of undertaking:- (i) Whether Central public sector/State public sector/for eign ma jority company/joint sector etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a for eign majority company, indicate the extent of foreign holdings. (iii) Whether the undertaking is licensed/registered and if so, name of licensing/registrating authority and licensing/regist ration certificate numbers. 3.(a ) Names and addresses of the affected workmen proposed to be laid-off, names and addresses of the workmen laid-off before the commencement of the Industrial Disputes (Amendment) Act, 1976(32 of 1976) and the dates from which each of them has been laid-off. (b) The nature of the duties of the workmen referred to in sub-item (a), the units/sections/shops where they are or were wor king and the wages dra wn by t hem. 4.Items of ma nufactures and scheduled industry/industries under which they fall. 5.Details relating to installed capacity, licensed capacity and utilized capacity. 6.(i) Annual production, item-wise for the preceding t hree years. (ii) Production figures, month-wise for the preceding twelve months. 7.Work-in-progress, item-wise and value-wise. 8.Any arrangements regarding off-loading or sub-contracting of pr oducts or any components thereof. 9.Position of the order book, item-wise and value-wise for a period of six months and one year next following, and for the period after expiry of the said one year. 10. Number of working days in a week with the number of shifts per day a nd the strength of wor kmen per each shift. 11. Bala nce sheets, profit and loss accounts a nd audit reports for the last three years. 12. Fina ncial position of the company. 13. Names of the inter-connected compa ny or companies under the same management. 14. (i) The total number of workmen (category-wise) and the number of employees other than workmen as defined under the Indu strial Disputes Act, 1947 (14 of 1947), employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of product ion. 15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost. 16. Deta ils of lay-off resorted to in the la st three years (other than the lay-off for which permission is sought) including the periods of such lay-offs , the number of workmen involved in each such lay-off and t he reasons there for. 17. Anticipated savings due to the *proposed la y-off/lay-offs for the continuance of which permission is sought . 18. Any proposa l for effecting savings on accounts of reduction in- (i) mana gerial r emuneration, (ii) sales promotion cost, and (iii) general administration expenses. 19. Position of stocks on last day of each of the months in t he preceding twelve months. 20. Annual sales figur es for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise. 21. Reasons for the *proposed lay-off/lay-offs for the continuance of which per mission is sought. 22. Any specific attempts made so far to avoid the *proposed lay-off/lay-offs for the continuance of which permission is sought.23. Any other relevant factors with deta ils thereof.*Str ike out whatever is inapplicable- 34 - Ex-310/2016 FORM P (See Rule 76)Form of Notice of Retrenchment to be given by an employer under clause (c) of Section 25-F of Industrial Disputes Act, 1947 Name of employer…………………………………………………….Address………………………… Dated the……………………………………..day of………………………………….20……………… To, The Secreta ry to the Government of Mizoram, Labour, Employment & Industrial Training Department. Sir, Under clause(c) of Section 25-F of the Industrial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we have decided to retr ench*…………………….. workmen with effect from**……………………for the reasons explained in the Annexure. 2. T he workmen concerned were given on the**………….20………….one month’s notice in writing as required under clause (a) of Section 25-F of tha t Act. Retrenchment is being effected in pur suance of an agreement, a copy of whichis enclosed. The workmen were given on the………………….20………………..one month’s pay in lieu of notice as required under clause (a) of Section 25-F of that Act. 3.The total number of workmen employed in the industrial establishment is***………… and the number of those who will be affected by the retrenchment is given below: ________________________________________________________________________________________ Category a nd designation ofNumber of wor kmen wor kmen to be r etrenched_________________________________________ EmployedTo be retrenched (1) (2) (3) 4.I/we hereby declar e that the workman/wor kmen concerned has/ha ve been/will be paid compensa tion due to them under S ection 25-F of the Act on**…………./the expiry of the notice period. Yours faithfully*Her e inser t the number of wor kmen. **Here insert the date ***Here insert the position which the person who signs this letter holds with the employer issuing the letter. ANNEXURE Statement of Reasons Copy to (1) Labour Commissioner [Here enter office address of the Labour Commissioner in local area concerned.] (2) Deputy Labour Commissioner……………. (3) Employment Officer, Employment Exchange………….(E nter the full address of the Employment Exchange concerned.]- 35 -Ex-310/2016 FORM P-A (To be made in triplicate) [See Rule 76 (2)]Form of notice for permission for retrenchment of workmen to be given by an employer under clause 79[(d)] of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947) To, …………………………………… …………………………………… …………………………………… [T he State Government/Authority specified under clause (c) of sub-section (1 ) of Section 25-N] Sir, Under clause (c) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we propose to retrench…………………… wor kmen [being workmen to whom sub-section(1) of Section 25-N applies] with effect from……………………. for the reasons set out in the Annexure. 2.The workmen *concerned ha ve been given notice in writing as r equired under clause (a) of sub- section (1) of Section 25-N /have not been given notice s ince the retrenchment is under an agr eement (copy of which is enclosed) as pr ovided in the proviso to the said cla use. *Str ike out whatever is inapplica ble. 3.The total number of workmen employed in the industrial establishment is……………. and the number of t hose who will be affected by the proposed retrenchment is given below: Category a nd designation ofNumber of wor kmen wor kmen to be r etrenchedEmployed To be retrenchment (1) (2) (3) 4.Permission is solicit ed for the pr oposed retrenchment under clause(c) of sub-section (1) of Section 25-N. 5.I/we hereby declare that the workmen permitted to be retrenched will be paid compensa tion due to them under clause(b) of sub-section(1) of Section 25-N of the Act. Yours faithfully, (Signature) ______________________________________________________________________________________ ANNEXURE (Please give r elies aga ins t each item) Item No. 1.Name of the undertaking with complete postal a ddress, including telegraphic addresses and telephone numb er. 2.Status of undertaking:- (i) Whether Central Public Sector/St ate Public Sector/for eign ma jority company/joint sector. etc. (ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the ext ent of foreign holdings.- 36 - Ex-310/2016 (iii) Whether the underta king is licensed/registration author ity and licence/registration certificate numbers. 3.Names and a ddresses of the workmen proposed to be retrenched and the nature of their duties, the unit s/sections/shops where they are working and the wages dra wn by them. 4.Items of manufacture and scheduled industr y/industries under which they fall. 5.Details relating to installed capacity, licensed capacity and the utilised capacity. 6.(i) Annual production, item-wise for pr eceding three years. (ii) Production figures, month-wise for the preceding twelve months. 7.Work in progress, item-wise and value-wise. 8.Any arrangement regarding off-loa ding or sub-contracting of pr oducts or any components thereof. 9.Position of the order book, item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year. 10. Number of working days in a week with number of shifts per day and strength of workmen per each shift. 11. Bala nce sheet, profit and loss account and audit reports for the last three years. 12. Fina ncial position of the company. 13. Names of inter-connected company or companies under the same management. 14. (i) The total number of workmen (category-wise) and the number of employees other than workmen as defined in the Industrial Disputes Act , 1947 (14 of 1947) employed in the undertaking. (ii) Percentage of wages of workmen to the total cost of product ion. 15. Administrative, general and selling cost in absolute terms per year for the last three year and percentage thereof to the total cost. 16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in ea ch case and the reasons thereof. 17. Has any of the retr enched workman been given re-employment and if so, when? Give deta ils. 18. Are seniority lists maint ained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service? 19. Anticipated savings due to the proposed r etrenchment. 20. Any proposal for effecting savings on account of r eduction in- (i) mana gerial r emuneration. (ii) sales promotion cost, and (iii) general administration expenses. 21. Position of stocks on the last da y of each of the months in the preceding twelve months. 22. Annual sales figur es for the last three years and month-wise sales figures for the preceding twelve months in both item-wise and value-wise. 23. Reasons for the proposed r etrenchment. 24. Any specific attempt made so far to avoid the proposed r etrenchment. 25. Any other relevant factors with deta ils thereof. FORM Q [See Rule 76 (3)]Form of notice of closure to be given by an employer under Section 25-FFA of the Industrial Disputes Act, 1947. Name of employer…………………………………………..Address…………………….. Dated the……………………………………………day of……………………….20………….- 37 -Ex-310/2016 To, The Secreta ry to the Government of Mizoram, Depa rtment of Labour & Employment, Mizor am : Aizawl. Sir, Under Section 25-F FA of the Indu strial Disputes Act, 1947(14 of 1947), I/we hereby inform you that I/we have decided to close down…………………….(name of the undertaking) with effect from……………………………… for the reasons explained in the Annexure. The number of workmen whose services would be terminated on account of the clos ure of the undertaking is ………………………… (number of wor kmen) Yours faithfully, * *(Here insert the position which the person who signs this letter holds with the employer issuing this letter) ANNEXUREStatement of reasons Copy to: (1)The Labour Commissioner…………………………………. (2)The Deputy Commissioner…………………………………. (3)The Assistant Labour Commissioner……………………….. FORM Q-A (To be submitted in triplicate) [See Rule 76 (4)] Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-O of the Industrial Disputes Act, 1947(14 of 1947) Date……………………… To The Secreta ry to the Government of Mizoram, Labour, Employment & Industrial Training Department, Mizoram, Aizawl Sir, Under Section 25-C of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we propose to close down the undertaking specified below of/(name of the industrial esta blishment). (Give details of the undertaking) …………………………………… …………………………………… ……………………………………- 38 - Ex-310/2016 with effect from……………………………….for the reasons explained in the Annexure. 2. T he number of wor kmen whose services will be t ermina ted on account of the closure of the undertaking is………………………………..(number of workmen). 3.Permission is solicited for the proposed closure. 4.I/we hereby declare that in event of appr oval for the closure being gra nted, every workman in the undertaking to whom sub-s ection(8) of the said section 25-O a pplies shall be paid compensation a s specified in that section. Yours faithfully, (Signature) ANNEXURE (Please give replies aga ins t each item)Item No. 1.Name of the Industr ial esta blishment with complete posta l address, including telegraphic addresses and telephone number. 2.Status of undertaking:- (i) whether central public sector/state public sector/for eign ma jority company/joint sector etc. (ii) if belongs to large industrial house, please indicate the controlling group; and if foreign majority company, indicate the ext end of foreign holdings. (iii) whether the undertaking is licensed/registered and if so, name of licensing/registr ation authority and licence/registr ation certifica te numbers. 3.The total number and categories of workmen affected by the proposed closure along with the addresses of the workmen and the deta ils of wages dr awn by t hem. 4.Item of manufacture and scheduled industry/industries under which they fall. 5.Details relating to licensed capacity, installed capacity and the utilized capacity. 6.(i) Annual production in item-wise for the preceding three years. (ii) Production figures in month-wise for the preceding twelve months. 7.Work in progress, item-wise and value-wise. 8.Any arrangement regarding off-loa ding or sub-contracting of products or any component thereof. 9.Details of persons or the organizations to whom the job/jobs is/are being entrusted-relationship/interest of t he persons/orga nizations with the dir ector/directors or the officer s/officers of the company. 10. Position of the order book, item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year. 11. Number of working days in a week with the number of shifts per day a nd the strength of wor kmen per each shift. 12. Bala nce-sheet and profit and loss account and audit r eports for the last three years. 13. Fina ncial position of the company. 14. (i) Names of inter-connected company or companies under the same management. (ii) Deta ils about inter-corporate investment and changes during the last one year. (iii) Int erest of any of the dir ector s/officer s of the undertaking pr oducing s ame or similar type of product. 15. Percentage of wages of workmen to the total cost of product ion.- 39 -Ex-310/2016 16. Administr ative, general a nd s elling cost in absolute terms per year for the la st three years a nd percentage thereof to the total cost. 17. Inventory posit ion, item-wise and value-wise for the preceding twelve months (inventories to be shown in respect of finished products, components and ra w-materials to be shown separ ately, item- wise and value-wise) 18. Selling arr angement for the last three years a nd any change in the selling arrangement in preceding twelve months. 19. Full details of the interest of the directors a nd officers of the company in the or ganizations/persons involved in selling products of the undertaking. 20. Buying arrangements for raw materials and components. 21. Interest of the director s a nd officer with the organization involved in buying ra w materials a nd components for the undertaking. 22. Annual sales figures for the three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise. 23. Reasons for the proposed clos ure. 24. Any specific attempts made so far to avoid the closure. 25. Any other relevant factors with deta ils thereof.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 40 - Ex-310/2016

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Tuesday 2.8.2016 Sravana 11, S.E. 1938, Issue No. 244 NOTIFICATION No.B. 16012/3/2016-LE&IT, the 28th July, 2016. In supersession of this Department’s Notifica tion No. B. 13017/5/2009-L&E dated 18th March, 2009 and in exercise of the power conferred under Section 5(1) of the Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Central Act No. 27 of 1996), the Governor of Mizoram is pleased to reconstitute and Expert Committee to advise the State Government of Mizoram in making Rules under the said Act : 1.Commissioner & Secretary, LE&IT, Deptt.-Chairperson 2.Labour Commissioner/Director, LE & IT Deptt.-Member Secretary 3.Chief Engineer, PWD, Building Division-Member 4.Representative of DP&AR-Member 5.Representative of Law & Judicial Deptt.-Member 6.Under Secretary, LE&IT Deptt.-Member 7.Labour Officer, LE&IT Deptt-Member Benjamin, Commissioner & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Tuesday 2.8.2016 Sravana 11, S.E. 1938, Issue No. 245 NOTIFICATION No. F. 20016/1/2007-L&E, the 28th July, 2016.In supersession of this Department’s Notifica tion of even No. dated 30th Mar ch, 2009, the Governor of Mizoram is pleased to reconstitute the “State Steering Committee” in respect of M izoram State for Government Industria l Training Institute (IT I) at Lunglei and Saiha for implementation of the scheme of “Upgradation of 1396 Govt. ITIs through Public Private Partnership” with immediate effect and until fur ther orders: The Committee shall consists of the following: 1.Commissioner & Secretary, LE&IT, Deptt.- Chairperson 2.Director. LE&IT Deptt.- Member Secretary 3.Secr etary, F inance Deptt. or his representa tive- Member 4.Engineer-in-Chief, PWD or his representa tive- Member 5.Chairman, IMC Society, ITI, Lunglei- Member 6.Chair man, IMC Society, IT I, S aiha- Member 7.President, Mizoram Chamber of Industries- Member 8.President, Mizoram Industry Associa tion- Member 9.President, Vocational Training Provider (VTP)- Member 10.Secr etary, Mizoram Council for Vocational Training- Member The respons ibilities/terms of reference of the C ommittee will b e as under : 1.Guiding overall implementation and monitoring of the scheme a t the S tate level. 2.Assessing a nd recommending the IDPs of the IMCs for financing under the scheme of the Central Government. 3.Authorizing submission of reports to the National Steering Committee (NSC) or Central Govt., whenever requir ed under the scheme. 4.Reviewing a nd approving the training pla ns for the staff of State Implementing Committee (S IC). Benjamin, Commissioner & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Training Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

- 1 -Ex-134/2016 The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLV Aizawl, Friday 20.6.2016 Vaisakha 30, S.E. 1938, Issue No. 134 NOTIFICATION No.B.16012/2/2014-LE&IT/pt, the 18th May, 2016. In exercise of the powers conferred under section 40 and section 62 of the Building & Other Construction Workers (RE&CS) Act, 1996, the Governor of Mizoram is pleased to make the following Rules, namely, the Mizor am Building & Other C onstruction Workers’ (R egulation of Employment and Conditions of Service) R ules, 2015. Benjamina, Commissioner & Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. THE MIZORAM BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) RULES, 2015 PART – I PRELIMINARY CHAPTER – I 1 . Short title, application and commencement: (1) These rules may be called the Mizoram Building a nd Other Constr uction Workers (Regula tion of Employment and Conditions of Service) Rules, 2015. (2) They shall apply to the building or other construction work relating to any establishment in relation to which a ppropriate Government is the Mizoram Government under the Act. (3) They shall come into force on the date of their publication in the Official Gazette. 2 . Definition – In these rules, unless the context otherwise requires: (a ) “Act ” means the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996) (b) “access” or ‘egress ’ means passageways, corridors, stairs, platforms, la dders a nd any other means to be used by a building worker for normally entering or leaving t he workplace or for esca ping in case of danger. (c ) “approved” means approved in writing by the Chief Inspector of Building and Construction or the State Gover nment as the case may be; (d) “ba se plate” means a plate for distributing the load fr om a sta ndard in the case of metal scaffolds; - 2 - Ex-134/2016 ( e) “bay” in relation t o scaffolds, means tha t portion of the scaffold between hor izontal or vertical suppor ts whether standards or suppor ts from which the por tion is suspended which are adjacent longitudina lly; ( ea ) “Boa rd” means the Mizoram Building & Other Construction Workers’ Welfare Board; (f) “bra ce” means a member incorporated diagonally in a scaffold for stability; (g) “bulkhead” means an airtight structure separating the wor king chamber fr om free air or from another cha mber under a lower pressure than the working press ure; (h) “caisson” means an air and watertight chamber in which it is possible for men to work under air pressure greater than atmospheric pressure at sea level to excavate material below water level; (i) “cofferdam” means a structure construct ed entirely or in par t below water level or below the level of the water ta ble in the ground a nd intended to provide a place for work t hat is free of water ; (j) “competent person” means a person so approved by the S tate Government, who b elongs to a test ing establishment in Mizoram, possessing adequate qualification, experience and skill for the purposes of testing, examination or annealing and certification of lifting appliances, lifting gear s, wire ropes or pressure plant or equipment; (k) “compressed air ’ means air mecha nically raised to a pr essure higher than atmospheric pressure at s ea level; (ka ) “co-terminus” means sharing a common terms of office as that of the Board; (l) “construction site” means any site at which any of the processes or operations, r elated to building or other construction work, are carried on; (m) “conveyor” means a mechanical device used in building or other construction work for transport of building materia l, articles, or packages or solid bulk from one point to another point; (n) “danger” mea ns danger of a ccident or of injury or to hea lth; (o) “decanting’ means the rapid decompression of persons in a man-lock to atmospheric pressure at sea level followed promptly by their recompression in a decant lock, where they are then decompressed accordingly to the appropriate decompress ion table in accordance with approved decompression pr ocedures; (p) “demolition work” means the work incidental to or connected with the total or par tial dismantling or razing of a building or a structure other than a building and includes the removing or dismantling of machines or other equipment; (q) “excavation” means the removal of earth, rock or other material in connection with cons truction or demolition work: (r ) “false-works” means the st ructura l suppor ts and bracing for fr ameworks or fra mes: (s) “fla shpoint ” means the minimum liquid t emperatures at which a spark or flame causes an instantaneous flash in the vapour space above the liquid; (t ) “fra me or modular scaffold’ means a scaffold manufactured in such a way that the geometry of the scaffold is predetermined and the relative spacing of the principal members are fixed; (u) “gua rdrail” means a horizontal ra il secured to upright s and erected along the exposed sides of scaffolds floor openings, runways and ga ngways to prevent persons fr om falling; (v) “hazardous substance” means any substance which due to its explosiveness, inflammability, radioactivity, toxic or corrosive properties, or other similar char acteristics, may:- (i) cause injury; or (ii) affect adversely the human system; or (iii) cause loss of lives or da mage to property on work – environment, while handling, transpor ting or storing and classified as such under t he national sta ndards or in ca se such national standards do not exist to the generally accepted international standa rds; (va) “hazard” means da nger or potential danger. ( w) “high pressure air” means air used to supply power to pneumatic tools and devices; (x) “independent tied scaffold’ means a scaffold, the working platform which is supported from the base by two or more rows of s tandards and which apa rt from the necessary ties stands completely free of t he building; - 3 -Ex-134/2016 (xa) “Labour Commissioner” means Director, Labour, Employment & Industrial Training Department; (y) “ledger” means a member spanning horizontally and tying scaffolding longitudinally and which acts as a support for putlogs or transoms; (z) “lifting appliance” means a crane, hoist, derr ick, winch, gin, pole, sheer legs, jack, pulley block or other equipment used for lifting materials, objects or, building wor ker; (za) “lifting gea r” means ropes, chains, books, slings and other accessories of a “ lifting appliance”; (zb) “lock attendant” means the person in charge of a man – lock or medical lock and who is immediately responsible for controlling t he compr ession, recompr ession or decompression or person in s uch locks; (zc) “low pressure air ’ means air supplied to pressurize working chambers and ma n locks and medical locks; (zd) “ma gazine” means a place in which explosives are stor ed or kept , whether above or below gr ound. (ze) “man-lock” means any lock other than a medical lock, used for the compression or decompression of persons entering or leaving a working chamber; (zf) “material hoist” means a power or manually operated and suspended platform or bucket operating in guide rails a nd used for ra ising or lowering material exclusively and operated and cont rolled from a point outside the conveya nce; (zg) “material lock” means a chamber through which materials and equipments pass from one air pressure environment int o another; (zh) “medical lock” means a double compartment lock u sed for the therapeutic recompression and decompression of persons suffering from the ill effects of decompress ion: (zi) “national standards” means standa rds as approved by Bur eau of Indian Standard and in the absence of such standards of Bur eau of Indian Standar ds, the standa rds approved by the State Government for a specific purpose; (zj) “outrigger” means a structure projecting beyond the facade of a building with the inner end being anchored and includes a cantilever or other support; (zk) “pla nt or equipment” includes any plant, equipment, gear, ma chinery, appar atus or applia nces or a ny par t thereof; (zl) “pressure” means a ir pres sure in bars ab ove atmospher ic press ure; (zm) pressure plant” means the pressur e vessel along with its piping and other fitting operated at a pres sure gr eater tha n the a tmospher ic press ure; (zn) “putlog” means a horizontal member on which the board, plank or decking of a working platform are laid; (zo) “responsible person” means a person appointed by the employer to be responsible for the performance of specific duty or duties and who has sufficient knowledge and experience and the requisite authority for the proper performance of such duty or duties; (zp) “reveal tie” means an assembly of a tie tube and a fittings used for tightening a tube between two opposite surfaces; (zq) “right angle coupler” means a coupler, other than a sieved or putlog coupler, used for connecting tubes at right angles; (zr) “rock bolt” means a mechanical expansion bolt or a bolt used with cementations or resin anchoring system which is set in drilled hole in the a rch or wall of a tunnel to improve rock competency; (zs) “roofing br acket” means a bracket used in sloped roof construction and having shar p point s or other means for fastening to prevent slipping; (zt) “safety scr een” means an air and water tight dia phragm placed across the upper part of a compressed a ir tunnel between the face and bulkhead, in order to prevent flooding the crown of the tunnel between the safety screen a nd the bulkhead to provide a safe mea ns of refuge and exit fr om flooding or flooded tunnel; - 4 - Ex-134/2016 (zu) “safe working load” in relation to an article of lifting gear or lifting applia nce, means the load which is the maximum load that may be imposed in such article or appliance with sa fety in the normal working conditions an assessed and certified by a competent person; (zv) “scaffold” means any temporarily provided structure on or from which building workers perform work in connection with building or other construct ion work to which these rules apply, and any temporarily provided structure which enables building workers to obtain access to or which enable materials to be taken to any place at which such work is performed, and includes any wor king platform, gangway, run, ladder or step-la dder (other than a ladder or step-ladder which does not form part of such structure) together with any guardrail, toe board or other safeguards and all fixings, but does not include lifting appliance or a lifting machine or a structure used merely to support such an appliance or such a machine or to support other plant or equipment; (zw) “schedule” means a schedule appended to these ru les; (zx) “segment” includes a cast iron or precast concr ete segmented structure formed to the curva ture of the tunnel cross-section and used to support the ground surr ounding the tunnel; (zy) “service sha ft” means a sha ft for the passage of building workers or materials to or fr om a tunnel under construction; (zz) “sha ft” means an excavation having a longitudinal axis a t an angle greater tha n forty five degree from the horizontal; (zza) “shield” mea ns a movable frame which supports the working face of a tunnel and the ground immediately behind it and includes equipment designed to excavate and support t he excavated areas in a tunnel; (zzb) “sole plate” means a member used to distribute the loa d from the base plate or the standar d of wooden scaffolds to the supporting surface; (zzc) “sound or good construct ion” means construction conforming t o the relevant national standards or in ca se such nationa l standa rds do not exist, to other gener ally a ccept ed interna tional engineering standa rds or code of pract ice; (zzd) “sound or good materials” means materials of a quality conforming to the relevant national standards or in case such national standards do not exist, to other generally accepted international engineering standa rds or code of pract ice; (zze) “standard” means a member used as a vertical support or column in the construction of scaffolds which transmits a load to the ground or to the solid construct ion; (zzf) “standard safe operating practices” means the practice followed in building and other construction activities for the safety and hea lth of workers and safe opera tion of machineries and equipment used in such activities a nd such practices conforms to all or any of the following, namely:- i)relevant standards approved by Bureau of Indian Standa rds; ii)national building code; iii) manufacturer ’s instruction on safe use of equipment and machinery; iv) code of practice in safety and hea lth in construction industry published by International Labour Orga nization as amended from time to t ime; (zzg) “steel rib” includes all steel beams and other structura l members shaped to conform to the requirements of a particular tunnel cross section, used for the purpose of supporting and stabilizing the excavated areas; (zzh) “suspended s caffold” means a scaffold suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain’s chair or similar applia nce; (zzi) “testing establishment” means an esta blis hment with testing and examination facilities, as appr oved by the State Government for car rying out test ing, examination of lifting gear or wire rope as requir ed under t hese ru les; (zzj) “tie” means an assembly used to connect a scaffold to a rigid anchor age; - 5 -Ex-134/2016 (zzk) “toe board” means a member fastened above a working platform, a ccess landing, access way, wheel barrow run, r amp or other platform to prevent building wor kers and materials falling there- fr om; (zzl) “tr ansom” means a member placed horizontally and used to tie transversely one ledger to another, or one sta ndard to another in an independent tie scaffold; (zzm) “trestle scaffold” includes a scaffold in which the supports for the platform are any of the following which are self s upporting, namely:- i)split heads ii)folding; iii) step ladder; iv) tripods, or v)mova ble cont rivances simila r to any of the foregoing; (zzn) “tubular scaffold” means a scaffold constructed from tubes and couplers; (zzo) “tunnel” means a subterranean passa ge made by excavating beneath the over burden into which a building worker enters or is r equired to enter to work; (zzp) “underground” means any spa ce within the confines of a shaft, tunnel, ca isson or coffer dam; (zzq) “vehicle” means a vehicle propelled or driven by mechanical or electrical power a nd includes a trailer; (zzr) “wor king chamber” means the part of the construction site where work in compressed air environment is ca rried out; (zzs) “working pla tform” means a platfor m which is used to support building workers or materials and includes a wor king stage; (zzt) “working pressure” means pressure, in a working chamber, to which building worker is exposed; (zzu) “wor k place” means all places where building workers are required to be pr esent or to go for work and which are under the cont rol of a n employer: 3 . Interpretation of words not defined:- Words and expressions not defined in these rules but defined or used in the Act shall have the same meaning as assigned to them in the Act. 4 . Savings: - The provisions of these rules shall be in addition to and not in substitution for or in diminution of the requirements imposed by the Act. Notwithstanding such repea l & saving, anything done or any act ion taken under the amended r ules shall be deemed to have been done or taken under the corr esponding provisions of this r ule. CHAPTER – II RESPONSIBLILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC. 5 . Duties and responsibilities of employers, employees and others: - 1)It shall be the duty of every employer who is undertaking any of the operations or works related to or incidental to building or other construction work to which t hese rules apply:- a)To comply with such of the requirements of these rules as are related to him; Provided tha t the requirements of this clause shall not affect any building worker if and so long as his presence in any place of work is not in the course of performing any work on behalf of his employer and is not expr essly or impliedly authorized or permitted by his employer to do the work; and b)To comply with such of the requir ements of these rules as are related to him in relation to a ny work, act or opera tion performed or about to be perfor med by him. 2)It shall be the duty of every employer who erects or alters any scaffold to comply with such of the requirements of the provisions of t hese rules as r elated to the erection or alteration of - 6 - Ex-134/2016 scaffolds having r egard to the purpose or purposes for which the scaffold is designed at the time of erection or altera tion, a nd such employer, who erects, installs, works or uses any plant or equipment to which any of the provisions of these rules a pply, shall erect, install, work or use such plant or equipment in a manner which complies with those provisions. 3)Wher e a contractor, who is underta king any of the operations or works to which these r ules apply, appoints any artisan, tra desman or other person to perform a ny work or services u nder a contract for services, it shall be the duty of the contractor to comply with such of the requirements of these rules as affect that artisan, tradesman or other person and for this purpose any reference in t hese rules to an employer shall include a reference to such artisan, tradesman for other person and the contra ctor shall be deemed to be his employer; 4)It shall be the duty of every employee to comply with the requirements of s uch of these r ules as a re related to the performance of or the refraining from a n act by him and to co-operate in carrying out these rules; 5)It shall be the duty of every employer not to permit an employee to do anything not in accordance with the generally a ccepted principles of standa rd sa fe operating practices connected with building and other construction work as specified by the State Government. 6)No employee shall do anything which is not in a ccordance with the generally accepted principle of standard safe op erating practices connected with building and other construction wor k as specified by the State Government. 7)No person related with any building and other construction work shall willfully do any act which may cause injury to him or to others. 8)It shall be duty of the employer to mainta in the latrines, urina ls, washing facilities and canteen in a clean and hygienic condition. The canteen shall be located in a pla ce away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers. 9)It shall be the duty of the employer to a bide by the dates fixed and notified by him for payment of wages for a period in a ccordance with these r ules and no cha nge in such dates and such period shall be effected without notice to the b uilding workers and the Inspector. T he employer shall ensur e timely payment of wages as specified under these rules and at the pla ce and time notified by him. Where the employer is a contractor, he shall ensure that the building or other construction work undertaken by him conforms to the requirements relating to testing, examination and ins pection of such equipment as p rovided under these rules. It shall be the duty of every person in the service of the Government or any local or other public a uthorit y to comply with the requirements relating to him as given in these rules. 10) It shall be the dut y of every employer not to allow lifting appliance, lifting gear, earth moving equipment, transpor t equipment, vehicles or any other device or equipment to be used by the building workers which does not comply with the provisions given in these rules. 11) It shall be the duty of every employer to ensure that the lifting gea r, earth moving equipment, transport equipment or vehicles used in the building or other constr uction work undertaken by him conforms to the requirement relating to testing, examination and inspection of such equipment as provided under these rules. It shall be the duty of every person in the service of the government or any local or other public authority to comply with the requir ements relating to him as given in these rules. 6 . Responsibilities of architects, project engineers and designers: - 1)It shall be the duty of the architect, pr oject engineer or designer responsible for the design of any project or par t thereof or a ny building or other construction work to ensure that, at the planning stage, due considera tion is given to the safet y and health aspects of the building workers who a re employed in the erection, operation a nd execution of such projects a nd stru ctures as the c ase may be. - 7 -Ex-134/2016 2)Adequate ca re shall be taken by t he architect, project engineer and ot her professiona ls involved in t he project, not to include anything in the design which would involve the used of dangerous structures or other processes or materials, hazardous to health or safety of building workers during the course of erection, operation and execution as the case may be. 3)It shall be also be the duty of the professionals, involved in designing the buildings, str uctures or other construction projects, to take into account the safety aspects associate with the maintenance and up-keep of the structures and buildings where maintenance and upkeep may involve special haza r ds. 7 . Responsibilit ies of the persons in the service of the State Government and the Boar d:- It shall be the duty of every person in the service of the Sta te Gover nment or a Boa rd within the State to comply with the directions given by t he State Gover nment from time to time to ca rrying into execution the provisions of the Act and t hese rules. 8 . Du ties a nd Responsibilities of Wor kers: - 1)It shall be the duty of every building worker to comply with t he requirements of these rules as relate to him, and act and co-operate in carrying out the requirements of these rules and if he discovers any defects in the lifting appliance, lifting gear, lighting device, concerning any transport equipment or other equipments, to report such defects without unreasonable delay to his employer or foreman or other person in author ity. 2)No building worker shall, unless duly authorized or except in ca se of necessit y, remove or interfere with any fencing, gangway, gear, ladder, hatch, covering, life saving appliance, lighting or other things what- so- ever r equired by the Act and these rules to be provided. If any of afor esaid things is removed, such thing shall be restor ed at the end of the period during which its removal was necessary, by the persons engaged in that work. 3)Every building worker sha ll use only means of access provided in accordance with these r ules and no person shall authorize or order another to use means of a ccess other tha n such means of access. 4)It shall be the duty of a building worker to keep the latrines, urinals, washing points, canteen and other facilities provided by the employer for securing his welfare in a clean and hygienic condition. 9 . EXEMPTION: -The State Government may, by order in writ ing and subject to such condit ions and for such period, as may be s pecified therein, exempt from all or any of the requirement of these rules to – a)Any building or other cons truction work, if the State Government is sa tisfied that such building work is confined to such worker, where it is not convenient to take measures as provided in thes e rules , or b)Any appliance, gear, equipment, vehicle or other device if t he State Gover nment is satisfied tha t the r equir ement of su ch appliance, gear, equ ipment, vehicle or other device is not neces sary for use or equally effect ive mea sures a re taken in lieu ther eof; Provided tha t the S tate Government shall not gra nt exemption under this rule unless it is satisfied that such exemption would not adversely a ffect the sa fety, health and welfare of building workers. PART – II STATE ADVISORY COMMITTEE / REGISTRATION OF ESTABLISHMENTS. CHAPTER – III STATE ADVISORY COMMIT TEE 10 . Constitution of St ate Advis or y Committee: - T he State Building and other Constr uction Worker’s Advisory Committee (herein after referred to as the State Advisory Committee) shall consist of – - 8 - Ex-134/2016 a) a chairperson to be appoint ed by the State Government. b) two Members of Legisla tive Assembly who sha ll be elected by the State Legislature – Members. c) the Chief Inspector to be nominated by the State Gover nment - Ex-officio member d) a member to be nominated by the Central Government – Member. e) four persons out of whom at least one shall be a woman to be nominated by the State Government – Members. f) four persons to be nominated by the State Government for representing the employers connected building and other constr uction works. – Members. g) two persons to be nominated by the State Government, one representing the state level association of architects or engineers, and one from an accident insurance institution.- Members. 11. Terms of Office:- 1)The Chairperson of the Sta te Advisory Committee shall hold office as such for a period of three years from the date on which appoint ment is notified in the Official Gazette. 2)a member referred to in clause (b) of rule 10 sha ll hold office for thr ee year s commencing from the date on which his appointment is notified in the official gazette or a s long a s he rema ins a member of Legis la tive Assembly, whichever is earlier. Pr ovided that where the appointment of the su ccessor of a ny such member has not been notified in the official gazette on or before the expiry of the said per iod of t hree years, such member shall , notwithstanding the expiry of the period of his office, continue to hold office until the appointment of his successor is notified in the official gazette. 3)each of the member referred to in clause (c) of rule 10 shall hold office as such during the period as the State Government may specify. 4)a member referred to in clause (d) of rule 10 shall hold office as such altering the period as the central Government may specify. 5)each of the members referred to in clause (e), (f) and (g) in rule 10 shall hold office for a period of t hree years commencing from the date on which appointment is notified in the official gazette. 6)the State Advisory Committee shall be reconstituted after every three years. 12. Resigna tion:- 1)A member of the Sta te Advisory Committee, not being an ex-officio member, may resign his office by submitting his resignation in writing addressed to the department through the secretary of the State dealing with Labour, with prior information to the Chairperson of such Commit tee. 2)The seat of such a member shall fall vacant from the date on which his resignation is accepted by the State Government, or on the expir y of thirty days from the date of receipt of the letter of r esignation by the Government whichever is earlier. 13. Cessation of Membership: - If any member of the State Advisory Committee, not being an ex-officio member fa ils to attend three consecutive meetings of such Committee, without obtaining the leave of the Chairperson of such Committee for such absence, he sha ll cease to be a member of such Commit tee. Provided that the State Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation sha ll not take place and on such direction being made, such member shall continue to be a member of such Committee 14. Disqualification for membership:- 1)A person sha ll be disqualified for being a member of the State Advisory Committee:- 1.If he is of unsound mind and stands so declared by a competent court; 2.If he is an undercharged insolvent; or - 9 -Ex-134/2016 3.If he has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude. 2)Wher e a question a rises as to whether a disqualification has been incurred under sub-rule (1), the State Government shall decide such quest ion. 15. Removal from membership:- The State Government may remove fr om office any member of the State Advisory Committee, if in its opinion such member has ceased to repr esent the interest which he purports to repr esent on such Commit tee; Provided tha t no such member shall be removed unless a r easonable opportunity is given to him of making a representa tion aga inst the proposed action under this r ule. 16. Manner of filling vacancies:-When a vacancy occurs or is likely to occur in the membership of the State Advisory Committee, the Cha irperson of such Committee shall submit a report to the State Government and on receipt of such r eport, the State Government shall take steps to fill the vaca ncy by making a n appointment from amongst the category of person to which the person vaca ting membership belonged and the person so appointed shall hold office for the remaining term of office of the member in whose place he is appointed. 17. Staff of State Advisory Committee: - 1) a)The State Government may appoint one of its officers not below the rank of Deputy Secr etary to the Govt. of S ecretar y to the State Advisory Committee and appoint such other staff being in the s ervice of the State Government, as it may think necessary, to enable such Commit tee to carry out its functions. b)The remunera tion pa yable to such staff sha ll be such as may be decided by the S tate Government from time to time. 2)The Secretar y of the State Advisory Committee:- a)shall assist the Chairperson of such Committee in convening meetings of the Commit tee; b)may attend the meetings of such Committee but sha ll not be entit led to vote at such meetings; c)shall keep a records of the minutes of the meetings of such Committee; and d)shall take a necessary mea sures to carry out the decisions taken at the meetings of such Committee; 18. Allowances of members:- 1)The traveling allowances of an officia l member of the State Advisory Committee shall be governed by the rules applicable to him for journey performed by him on officia l duties and shall be pa id by the authority paying his salary. 2)The non-official members of the St ate Advisory Committee shall be paid traveling allowance in the form of compensation allowa nces only, for attending the meeting of such committee at such rates as are admissible to an officer of the rank of Director of the State Government and daily allowances shall be calculated at the maximum rate admissible to such Director. 19. Disposal of business:- 1)Every matter which the St ate Advisory C ommittee is required to take into consider ation s hall be consider ed at a meeting of tha t Committee or if the Chairperson of such Committee so directs, by sending the necessary papers to every member for opinions, and the matter shall be disposed off in accordance with the major ity. Provided that where there is no opinion of majority on a matter and the member of such Committee a re equally divided the Chairperson of such C ommittee shall have a second or a casting vote. - 10 - Ex-134/2016 Explanation – The expression “Chairperson of the State Advisory Commit tee” for the purpose of this rule shall include the Chairperson of such Committee nominated or chosen under sub-r ule (2) of rule 20 to preside over a meeting. 2)No act or proceedings of the Sta te Advisory Committee shall be inva lid merely for reasons of any vacancy in or any defect in constitution of the Commit tee. 20. Meetings:- 1)The State Advisory Committee shall meet a t such p laces a nd at such times as ma y be decided by the Chair person of such Committee and it shall meet a t least once in six months. 2)The Chairperson of such Committee shall preside over every meeting of the C ommittee in which he is present and in his absence he may nominate a member of the Committee to preside over such a meeting in his place and in the absence of such nomination by the Cha ir person, the members of such Committee present in s uch meeting may choose from amongst themselves a member to pr eside over such a meeting. 21 . Notice of meeting and lis t of business:- 1)Ordinarily, two week notice shall be given to the members of the Advisory Committee of the proposed meeting; Provided tha t the Chairperson of such Committee, if he is satisfied that it is expedient to do so, may give notice of longer period for such meetings which shall not exceed one month. 2)No business except which is included in the list of b usiness for a meeting of such Committee shall be considered at such meeting without the permission of the Chairperson of the Committee. 22 . Quorum:-No business shall be transacted at any meeting of the State Advisor y Committee unless at least six months of such Commit tee are present in tha t meeting which shall include at least one member of Legislative Assembly; Provided that if any meeting of such Committee less than six months are present the Chairperson of such Committee may adjourn the meeting to another date informing members present and giving notice to t he other members that he proposes to dispose of the business at the adjour ned meeting whether there is prescribed quor um or not and it shall thereupon be lawful for him to dis pose of the business at the adjourned meeting irrespective of the number of members attending. CHAPTER – IV REGISTRATION OF ESTABLISHMENTS 23. Manner of making application for registration of establishments:- 1)The application referred to in sub-section (1) of section 7 of the Act shall be made in triplicate in Form-I a nnexed to these rules, to the registering officer of the ar ea appointed under Section 6 of the Act in which the building or other constr uction wor k is to b e car ried on by t he establishment. 2)Every application referred to in sub-rule (1) shall b e accompanied by a demand dr aft showing payment of the fees for the registr ation of the establishment. 3)Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or sent to him by registered post. 4)On r eceipt of the application referred to in sub-rule (1) the regist ering officer s hall, a fter noting there on the date of receipt by him of the application, grant an acknowledgement to the applicant. 24. Grant of certification of registration:- 1)The Register ing Officer, a fter receiving applicat ion under sub-rule (1) of rule 23 shall register the establis hment a nd issue a certificate of registration to the applicant within fifteen days of - 11 -Ex-134/2016 receipt of application if such applicant has complied with all the requirements as laid down in these rules and ha s made the application within such period a s specified under cla use (a) and clause (b) of sub-section 7 of the Act. T he certificate of registration to be granted by the registering officer shall be in Form – II annexed to t hese rules. 2)The Registering officer shall maintain a register in Form-III annexed to t hese rules showing the particu lars of establishments in relation to which certificates of registration have been issued by him. 3)If, in relation to an esta blishment, any change occurs in the ownership of management or other particulars specified in the certificate of registration, the employer of the establishment s hall intimate the registering officer, within thirty days fr om the date when such change takes place, the date and particulars of such change, and the reasons thereof. 25. Payment of additional fees and amendment of register, etc:- 1)Wher e on receipt of the intimation under sub-r ule (3) of rule 24, the registering officer is satisfied that an amount higher than the amount, which has been paid by the employer as fees for the registration of the establishment is payable, he shall require such employer to pay additional sums which, together with the amount already paid by such employer, would be equa l to such higher amount of fees payable for the registration of the est ablishment. 2)Wher e on receipt of the int imation referred to in sub-rule (3) of rule 24, the registering officer is satisfied that there ha s occurr ed a change in the par ticular s of the establishment, as entered in t he register in Form-III annexed to these rules, he shall amend, the said register and record there in the change which has occur red. Provided tha t the registering officer sha ll not carry out any amendment in the register in Form-III annexed to these rules unless the appropriate fees have been deposited by the employer. 26. Condition of registering:- 1)Every certificate of registration issued under rule 24 shall be subject to the following condit ion, namely:- a)The certificate of registration s hall be non-tr ansfera ble; b)The number of workmen employed as building workers in an establishment shall not , on any day, exceed the maximum number specified in the certificate of registration; and c)Save as provided in these rules the fees paid for the grant of registration certificate shall be non-refundable; 2)The employer shall intimate the change, if any, in the number of workmen or the condition of work to the registering officer within fifteen days. 3)The employer shall, befor e thirty days of the commencement a nd completion of any building or other constr uction work, submit a written notice to the Inspector, having jurisdiction in the area where the proposed building or other construction work is to b e executed, intimating the actual date of commencement or, as the ca se may be, completion of such building or other construction work in Form-IV annexed to these rules. 4)The certifica te of registration of an establishment shall be valid only for such building and other cons truction work carried out by such esta blishment for which intimation required under sub- rule (3) has been given. 5)A cop y of t he C er t ifica t e of regis t r a t ion s ha ll be dis p la yed a t a cons p icu ou s p la ce a t t he p r emis es wher e building and other construction work is being carried on. 27. Fees:- 1)The fees to be paid for the grant of a certificate of registration under rule 24 shall be as specified below, namely : If the number of workers proposed to be employed as b uilding workers for a building or other cons truction work on one day:- - 12 - Ex-134/2016 a.is up to 100:Rs.100.00 b.exceeds 100 but does not exceed 500:Rs.500.00 c.exceeds 500:Rs.1000.00 CHAPTER – V APPEAL, COPIES OF ORDER, PAYMENT OF FEES, ETC. 28. Filing of appeal before the appellate officer:- 1)Every appeal under sub-section (1) of section 9 of the Act shall be preferred in the form of a memorandum signed by the a ggrieved person and presented to the a ppellate officer in person or sent to him by registered post. 2)The memorandum sha ll be accompanied by a certified copy of or der appealed against a nd a dema nd draft for r upees one hundred. 3)The memorandum shall set forth concisely and under distinct heads the grounds of appeal. 4)Wher e the memorandum of appeal does not comply with the provisions of sub-r ule (2) and sub-rule (3 ), it may be returned to the applicant for the purpose of b eing amended within a time to be fixed by the appella te officer which shall not exceed thirty days from the da te on which the order a ppealed against has been communicated to the appellant. 5)Wher e the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse thereon the date of hearing of such appeal, and shall r egister the appeal in a book t o be kept for the purpose called the register of appeals. 6) i)When the appeal has been admitted under sub-rule (5), the appellate officer shall send the notice of the appeal to the Registering officer against whose or der the appeal has been prefer red and the Registering officer shall thereupon send the record of the case to the appellate officer. ii)On receipt of the recor d, the appellate officer shall send a notice to the appellant to appea r before him a t such date and time a s may be specified in the notice for the hearing of the appeal. 2 9 . Failure to appear on the date of hearing:-If on the date fixed for hearing, the appella nt does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellant. 30 . Restoration of appeals:-Wher e an app eal ha s been dismissed under rule 29 , the ap pellant may apply to the appellate officer for the restoration of the appeal and if the appellate officer is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal on its original numbers; Provided that an a pplication for restor ation under this rule shall not be enterta ined by the appellate officer a fter thirty days from the date of such dismissal. 31. Hearing of appeal:- 1)If the appellant is present when the appeal is called on for the hearing, the appellate officer shall proceed to hear the appella nt or his authorized a dvocate and pa ss an order on the appeal, confirming, reversing or varying t he order appealed against. 2)The order of the appellate officer shall state the point s for determina tion, the decisions thereon and reasons for such decisions. 3)The order shall be communicated to the appellant and copy thereof shall be sent to the registering officer aga inst whose or der the a ppeal has been prefer red. 32 . Copy of or der of registration or of order in appeal:-Copy of or der of t he registering officer or of the appellate officer may be obta ined by the person concerned or a person authorized by - 13 -Ex-134/2016 him on the payment of fees of rupees fifty for each order on making application to the registering officer or the appellate officer, as the case may be, specifying the date and other particulars of the order made b y the officer concerned. A copy of the certificate, of registration on loss or mutilation of such certificate may also be obtained in the like manner and on payment of like fees. 33. Pa yment of fees:- 1)All amounts of money payable on a ccount of registration, appeal, supply of copies or duplicate copies of certifica te of r egistration sha ll be pa id through a cross demand dra ft in favour of the registering officer and the appellate officer, as the case may be, and made payable at the branch of the Bank specified by the State Government from time to time at the headquar ters of t he concerned r egistering officer or appella te officer. 2)The registering officer or the appellate officer, as the case may be, on receipt of the demand draft under sub-rule (1) shall ar range to deposit the amount in the appropriate account in the Bank specified by the State Government from time to time in the ‘relevant head of account of Labour, Employment & Industrial Tr aining Department, Government of Mizor am’. PART – III SAFETY AND HEALTH CHAPTER – VI GENERAL PROVISIONS 3 4 . Excessive noise, vibration, etc:-An employer shall ensure at a construct ion site of a building or other construction work that adequate measures a re taken to protect building workers against the harmful effects of excessive noise or vibration at such construction site and the noise level in no case exceeds the limits laid down in Schedule VI annexed to these rules. 35. Fire Protection:-An employer shall ensure at a cons truction site of a building or other construction work that – a)Such constr uction site is provided with:- i)fire extinguishing equipment sufficient to extinguish any probable fire at such construction site; ii)an a dequate water supply at ample pressure as per nationa l standa rds; iii) number of trained persons required to operate the fire extinguishing equipment provided under sub-clause (i):; b)Fire extinguishing equipment provided under sub-clause (i) of clause (a) is properly maintained and inspected at regular intervals of not less than once in a year by the responsible person and a record of such inspections is maintained. c)In case of every launch or boat or other craft used for transport of building workers and the cabin of every lifting appliance including mobile crane, adequate number of portable fire extinguishing equipment of suita ble type shall be provided a t each of such launch or boa t or craft or lighting applia nce. 3 6 . Emergency act ion plans:-An employer shall ensure at a construction site of a building or other cons truction work t hat in case mor e than five hundred building workers a re employed at such cons truction site emergency action plan to handle the emergencies like:- a)fire and explosion, b)collapse of lighting appliance and transpor t equipment, c)collapse of building, shade of structures, etc. d)gas leakage or spillage of dangerous goods or chemicals. e)Drowning of building workers, sinking of vessels, and. - 14 - Ex-134/2016 f)Landslides getting building worker burried, floods, storms and other natural calamities is prepared and submitted for the approval of the State La bour Commissioner. 3 7 . Fencing of motors, etc:-An employer shall ensure at a construction site of a building or other cons truction work that:- a)All motors, cogwheels, chains and frict ion gear ing, flywheels, shaft ing, da ngerous and moving parts of machinery (whether or not driven by mechanical power and steam pipes are securely fenced or lagged. b)The fencing of dangerous parts of machinery is not removed while such machinery is in motion or in use. c)No part of a ny machinery which is in motion and which is not securely fenced is examined, lubr icated, adjusted or repaired except by a person skilled for such examina tion, lubrication, adjustment or repairs; d)Machine parts are cleaned when such machine is stopped. e)When a machine is s topped for servicing or repairs, adequate measures are taken to ensure that such machine does not re-start ina dvertently. 3 8 . Lifting and carrying of excessive weight:-An employee shall ensure at a construct ion sit e of a building or other constr uction work that:- a)no building worker lifts by hand or carries overhead or over his back or shoulders any material, article, tool or appliances exceeding in weight the maximum limits set out in the following table: PersonMaximum Weight Loa d Adult – man55 kg Adult – woman30 kg Adolescent – ma le30 kg Adolescent – female20 kg Unless aided by other building wor ker or a mechanical device. b)No building wor ker aided by other building workers, lift by ha nd or carr y overhead or over their back or shoulders, any material, article, tool or appliance exceeding in weight the sum tota l of maximum limits set out for each building worker separately under Clause (a),unless aided by a mecha nical device. 39. Health and safety policy:- 1) a)Every establishment employing fifty or mor e building workers shall prepa re a written statement of policy in respect of safet y and health of building workers and submit the same for the approval of the Chief Inspector; b)The policy referred to in Clause (a) sha ll contain the following namely:- (i) the intentions of commitments of the est ablishment regarding health, safety and environmenta l protection of building workers. (ii) orga nizational arr angements made to car ry out the policy referred to in Clause (a) specifying the responsibility at different levels of hierar chy. (iii) resp onsibilities of the principal employer s, contr actor, sub-contractor, transporter or other agencies involved in the building or other construction work; (iv) techniques and methods for assessment of risk to safet y, health and environment and remedia l measur es ther eof; (v) ar rangements for tra ining of b uilding wor kers, trainers, supervisions or other persons engaged in the construction work; - 15 -Ex-134/2016 (vi) other arrangements for making the policy r eferred to in clause (a ) effective; c)the intention and commitment referred to in sub-clause (i) of clause (b) sha ll be taken into account in ma king decisions relating to plant, ma chinery, equipment, ma terials and placement of building workers. 2)A copy of the policy refer red to in clause (a) of sub-rule (1), signed by an a uthorised signa tory shall be sent to the State Government. 3)The establishment shall r evise t he policy referred in Clause (a) of sub-rule (1) as often as necessary under the following circumstances, namely:- a)whenever any expansion or modification having implica tion on safety and health of the building workers is made in such building or other cons truction work, or. b)whenever any new building or other construction work, substances, articles, or techniques are introduced having implication on health and safety of building workers. c)A copy of t he policy r eferred to in sub -clause (a) of sub-ru le (1) sha ll b e displayed at the cons cious places in English / Hindi and a local langua ge understandable by the majority of b uilding workers at a construction site. 40 . Dangerous and harmful environment:-An employer shall ensure at a construction site of a building or to the construction work t hat, a)When an int ernal combination engine exhausts into a confine space or excavation or tunnel or any other work place where neither natural ventilation nor artificial ventilation system is adequate to keep the carbon monoxide content of the atmosphere below fifty pa rts per million, adequate and suitable measur es are taken at such work pla ce in or der to avoid exposure of building workers to health hazards. b)No building worker is allowed to enter any confined space or ta nk or trench or excava tion wherein there is given off any du st, fumes or other impurities of such nature and to such extent as is likely to be injurious or offensive to the building worker or in which explosives, poisonous, noxious or gaseous material or other ha rmful a rticles have been car ried or shred or in which dry ice has been used as a refrigerant, or which has been taken to r emove such dust, fumes, or other impur ities a nd dangers which may be present and to prevent any further ingress thereof, and such work place or tank or tr ench or excavation is certified by the responsible person t o be safe and fit for the entry of such building workers. 41. Overhead protection:- a)The employer shall ensure at the building or other construction work that overhead protection is erected along the periphery of every building under constr uction which s hall be of fifteen metr es or more in height when completed. b)Overhead pr otection referr ed to in sub-rule (1) shall not be less than two metres wide and s hall be erected at a height not more than five metres above the ba se of t he building and the outer edge of such overhead protection shall be one hundred fifty millimeters higher tha n the inner edge thereof or shall be erected at an a ngle of not more than twenty degrees to its horizontal sloping into the building. c)The employer shall ensure a t the building and other construction work that any area exp osed to risk of falling materials, articles or objects is roped off or cordoned off or otherwise suit ably gua rded form inadvertent entry of persons other than building workers at wor k in such area. 42 . Slipping, tripping, cutting, drowning and falling hazards:- 1)All passageways, platforms and other places of construct ion wor k at the building or other cons truction work shall be kept by the employer free from accumulations of dust debris or similar material and from other constr uctions that may cause tripping. - 16 - Ex-134/2016 2)Any sharp projections or protruding nails or similar projections which may cause any cutting haza rd to a building worker at the building or other construction work shall be removed or otherwise made safe by ta king suitable measures by the employer. 3)No employer shall allow a ny building worker at building or other construction work to use the passa geway, or a scaffold, platfor m or any other elevated working surface which is in a slippery and dangerous condition a nd shall ensur e that water, grease, oil or other similar substa nces which may cause the surfa ce slip pery, be removed or sa nded, saw dusted or covered with suitable material to make it safe from any slipping hazard at a building or other construction work. 4)Wher ever building workers at building or other construct ions ar e exposed to the hazar d of falling int o water, they shall be provided by the employer with adequate equipment for sa ving themselves from dr owning and rescuing from such hazar d and if the Labour Commissioner consider s necessar y, well-equipped boat or launch manned with tr ained personnel shall be provided by the employer at the site of such work. 5)Every open side or opening into or through which a building worker, vehicle or lifting appliance or other equipments may fa ll or a building or other cons truction work shall be covered or guar ded suit ably by the emp loyer t o prevent such fall except where free access is neces sary by r easons of the nature of the work. 6)Wher ever building workers at a building or other construction work a re exposed to the hazards of falling from height while employed on such wor k, they shall be provided by the employer with adequa te equipment or means for sa ving them from such hazards. Such equipment or means shall be in accorda nce wit h the national standa rds. 7)Whenever there is a possibility of falling of a ny materials, equipment or building worker at a cons truction site r elating to or other construct ion work, adequate and suitable safet y net shall be provided by employer in accordance with the national standa rds. 43 . Dust, gases, fumes, etc:-An employer shall prevent concentration of dust, gases or fumes by providing means to control their concentration within the permissible limit so that they ma y not cause inju ry or pose health hazards to a building worker or other construction work. 44. Corrosive Substances:-The employer shall ensure that corrosive substa nce, including alkalis and acids, shall b e stored and used by a person dealing with such substances at a building or other construction work in such a manner that it does not endanger the building worker and suitable protective equipment shall be provided by the employer to the building workers dur ing handling or use of such substances at a building or other constr uction work and in ca se of spillage of such substa nces on the building wor ker, immediate remedia l measur es sha ll be taken by t he employer. 45. Eye Protection:- Suita ble personal protective equipment for the protection of eyes shall be provided by a n employer and used by the building worker engaged in operations which may cause hazard to his eyes at a building or other constr uction work. 46. Head protection and other protective apparel:- 1)Every building wor ker required to pass through or wor k within the areas at building or other construction work where there is hazard of his being struck by falling objects or materials shall be provided by the employer with safety helmets of type and tested in accordance with national standards. 2)Every building wor ker required to work in water or in wet concrete or in other similar wor k at a building or other simila r construction work, s hall be provided with suitable water proof b oots by the employers. 3)Every building worker required to work in rain or in similar wet condition at building or other cons truction work, shall be provided with water pr oof coa t with hat by the employer. - 17 -Ex-134/2016 4)Every building worker required us ing or handling alkalis and or other corrosive substances at a building or construction work shall be provided with appr opriate protective equipment by an employer, in accordance with the national standa rds. 5)Every building worker engaged in handling sharp objects or materials at a building or other cons truction work which may cause hand injury, shall be provided with suita ble hand gloves by the employer, in a ccordance with the national standa rds. 47. Electrical hazards:- 1)Before commencement of any building or other construct ion wor k, the employer shall take adequate measures to prevent any worker from coming into phys ical contact with any electr ical equipment or appar atus, machines or live electr ical circuit which may cause electr ical ha zard during the course of his employment at a building or other constr uction work. 2)The employer shall display and maintain suitable warning signs at conspicuous places at a building or other construction work in English / Hindi and in a local language understood by the majority of building workers. 3)In workplace at a building or other cons truction work where the exact location of u nder gr ound electric power line is not known, the building workers using jack hammers, crow bar or other hand tools which ma y come in conta ct with a live electrical line, shall be provided by the employer with insulated pr otective gloves and foot-wear of the type in accorda nce with the national standards. 4)The employer shall ensure that, as far as practicable, no wiring which may come in contact with water or which may be mechanically da maged is left on ground or floor at a building or other constr uction work. 5)The employer shall ensure that all electrical a ppliance and current carrying equipment used at a building or other construction work are made of sound material and are properly and adequately earthed. 6)The employer shall ensure that all electrical installations at a building or other construction work are provided with earth leakage circuit breakers. 7)The employer shall ensure that all electrical installations at a building or other construction work comply with the requirements of any law for the time being in force. 48. Vehicular Traffics:- 1)Whenever any building or other construction work is being ca rried on, or is located in close proximity to a road or any other place where any vehicular tra ffic may cause danger to building workers, the employer shall ensur e that such bu ilding or other construction work is barricaded and suitable warning signs and lights displayed or erected to prevent such danger and if necessary, he may make a request in writing to the concerned authorities to control such traffic. 2)The employer shall ensure that a ll vehicles used at construction site of a building or other cons truction work comply with the requirements of the Motor Vehicles Act , 1998 (59 of 1988) and t he rules framed ther e under. 3)The employer shall ensure that a driver of a vehicle of any class or description operating at a cons truction site of a building or other construction work holds a valid driving licence under the Motor Vehicles Act, 1988 (59 of 1988). 49 . Stability of Structures: -The employers shall ensur e that no wall, chimney or other s tructur e or part of a structure is left unguar ded in such condition that it may fa ll, collapse or weaken due to wind pressure, vibration or due to any other reason at a site of a building or other constr uction work. 50 . Illumination of passageways etc:- The employers shall ensure that illumination sufficient for maintaining safe working conditions a site of a building or other construction work is provided where building workers a re required to work or pass a nd for passageways, stairways and la nding, such illu mination is not less than that provided in the relevant national standa rds. - 18 - Ex-134/2016 5 1 . Stacking of materials:- The employer shall ensure at a construction of a building or other construction work that:- a)all building materials are stored or stacked in a safe a nd orderly manner to a void obstruction of any passage way or place or work. b)materials and pipes are stored or stacked in such a manner as to ensure stability. c)materials or equipment is not stor ed upon any floor or platform in such quantity as t o exceed its safe carrying capacity. d)material or equipment is not stor ed or placed so close to any edge of a floor or pla tform so as to endanger the safety of persons below or working in the vicinity. 52 . Disposal of debris:- The employer shall ensure at a construction site of a building or other cons truction work that:- a)debr is are handled and disposed of, by a method which does not cause danger to the safet y of a person; b)debr is are not allowed to accumulate so as to constitute a hazard; c)debr is are kept sufficiently moist to br ing down the dust wit hin the permissible limit; d)debris are not thrown inside or outside from any height of such building or other construction wor k; e)on completion of work, left over building material, a rticle or other substance or debris are disposed of as soon as possible to avoid a ny hazar d to any traffic or person. 53 . Numbering and marking of floors:- The employer shall ensure that each floor or level of a building or other construction work is appropr iately numbered or mar ked at the landing of such floor or level. 54. Use of safety helmets and shoes: - The employer shall ensure that all persons who are performing any work or services a t a building or other construction work, wear safet y shoes and helmets conforming to the national standa rds. CHAP TER – VII Lifting Appliances and Gear 5 5 . Construction and ma intenance of lifting a ppliances:- The employer shall ensure at a construction work that:- a)All lifting appliance, including their parts and working gear, whether fixed or moveable and any plant or gear used in anchoring or fixing of such appliance, a re:- i)of sound construction, sound material, a nd of adequate strength to serve the purpose for which these are to be used and all such appliance shall be free from patent defects, and ii)maintained in good repair and working condit ion. b)i)ever y drum or pulley around which the rope of any lifting appliance is car ried, is of adequate diameter a nd sound construction in relation to such r ope; ii)any rope which terminates at the winding drum of a lifting appliance is securely atta ched to such drum and at least dead turns of such rope remain on such drum in every opera ting position of such lifting applia nce; iii) the flanges of drum projects twice the r ope dia meter b eyond the last layer of such rope and if such projection is not available, other measures like anti-slackness guard shall be provided to prevent such rope from coming off such drum. c)Every lifting appliance is provided with adequate and efficient breaks which:- i)ar e ca pable of p reventing fall of a suspended load (including any test loa d) and of effectively controlling such load while it is being lowered; ii)act without shock; - 19 -Ex-134/2016 iii) have shoes that can be easily removed for running; and iv) are provided with sample and easily accessible means of adjustment; Provided that nothing contained in this clause shall a pply to steam-winch which can be opera ted as safety a s with brakes a s provided in accordance with this cla use. d)Controls of every lifting appliance:- i)are so situa ted tha t the driver of such a ppliance at his stand or seat has ample room for operating a nd has a n unrestricted view of building or other construct ion work, as fa r as practicable, and that he remains clear of the load and ropes, and that no load pa sses over him; ii)are positioned with due regard to ergonometric consideration for proper operation of such appliance; iii) are so loca ted tha t the driver of such appliance rema ins above the height of the heel block during the whole operation of such applia nce; iv) have upon them or a djacent to them clear markings to indicate their purpose and mode of operations; v)are provided, where necessary, with a suitable locking to pr event a ccidental movement or displacement; vi) move, as fa r as pra cticable, in the direction of the resultant load movement; and vii) wherever automatic brakes a re provided automatically come to the neutral position in case of power failures. 5 6 . Test and periodica l examination of lifting appliances:- The employer shall ensu re at construction of a building or other cons truction work that:- a)All lifting appliances including all parts and gears thereof, whether fixed or moveable, are test ed and examined by a competent person before being ta ken int o use for the first time or after it has undergone any alterations or repairs liable to affect its strength or stability or after erection of a cons truction site and also once at least in every five years, in the manner specified in Schedule I, annexed to these rules; b)All lifting appliances are thoroughly examined by a competent person once at least in every twelve months and where the competent person ma king such examination forms the opinion that the lifting appliance cannot continue to function safety, he shall forthwith give notice in writing of his opinion to the owner of the lifting applia nce. Explanation :-For the purpose of this rule, thorough examination means a visual examination, supplemented if necessar y, by other means such as hammer test, carried out as carefully a s the condition permit , in order to ar rive at a relia ble conclusion as to the safety of the parts examined; and if necessary, for each examination, parts of the lifting a ppliances and gear, shall be dismantled. 57. Automatic safe load indicators:- a)The employer shall ensure at cons truction site of a building or other constr uction work that:- (i) ever y crane, if so constructed that the safe working load ma y be va ried by raising or lowering of the job or otherwise, is atta ched with an automatic indica tor or safe wor king load which gives a warning to the operator wherever the load exceeds the safe working load; (ii) cut-out is provided which automa tically arrest s the movements of the lifting parts of ever y crane if the load exceeds the safe working load, wherever possible b)the provisions of sub-clause (i) of clause (a) apply, except where it is not possible to install an automatic sa fe load indicator, in which ca se, provision of a table showing the safe wor king loads at the corresponding inclination or radii of the jib on the crane shall be considered sufficient. 5 8 . Installation:- T he employer shall ensure at a constr uction site of a building or other construction work that:- - 20 - Ex-134/2016 a)fixed lifting applia nces are installed:- i)by competent persons; ii)in a manner that such appliances cannot be displaced by the load, vibration or other influenc es; iii) in a manner that the oper ator of such a ppliances is not exposed to danger from loads, ropes or dr amatic; and iv) in a manner that the operator ca n either see over the zone of operation or communicate with all loading and unloading p oints b y signa l or other communication sys tem; b)adequate clearance is provided between parts or loads of lifting appliances and i)the fixed objects such as walls and posts; ii)electrical conductor; c)the lifting applia nce, when exposed to wind loa ding ar e given sufficient additiona l strength, stability a nd rigidity to withstand such loading safely. d)no structural alterations or repairs are made on any part of the lifting appliances without obtaining the opinion of the competent person to this effect. 5 9 . Winches:- The employer sha ll ensu re at a constr uction of a building or other constr uction work that:- a)i)winches are not used if control levers operate with excessive friction or play; ii)double gear winches are not used unless a positive means of locking the gear shift is provided; iii) there is no load other than the fall and the hook assembly on the winch while changing gears on a two gear winch; iv) adequate protection is provided to winch operator against abnor mal weather; v)temporary seats or shelters for winch operators which ma y pose hazard to the winch operator or any other building workers a re not allowed to be used; vi) cont rol levers are secured in the neutr al posit ion and wherever possible, the power is shut off whenever winches a re left unattached. b)in use of every steam winch:- i)measures are taken to prevent escaping steam from obscuring any part of the construction site or other work place or from otherwise hindering or injuring any building worker; ii)extension control levers which tend to fall to their own weight are counter balanced; iii) winch opera tors ar e not permitted to use the winch control extension levers except for short handles on wheel type controls and that such levers are of adequate strength, secure and fastened with metal connection at the fulcrum and at the permanent control lever; c)in use of every electric winch, a building or other construction worker is not permitted to transfer, a lter or adjust electric contr ol circu its in case of any defect in such winch. d)electric winches are not used for b uilding work where:- i)the electro-magnetic brake is unable to hold the load; or ii)one or more control points, either hoisting or lowering, are not operating properly. 6 0 . Buckets:- The employer shall ensure at a construct ion sit e of a building or other construction work that tip-up buckets are equipped with a device that effectively prevents a ccidental tipping. 6 1 . Identification and marking of sa fe working load:- The employer shall ensure at a construction site of a building or other construction work that:- a)Every lifting appliance and loose gear is clearly marked for its safe working load and identification by stamping or other suitable means; b)i)every derrick (other than derrick crane) is clearly marked for the safe working load when such derrick is used either in single purchase with a lower block or in union purchases in all possible block positions; - 21 -Ex-134/2016 (ii) the lowest a ngle to the hor izontal, to which derr ick may be used is legibly mar ked; c)ever y lifting appliance having mor e than one working load is fitted with effective means to enable the operator to determine safe working load at each point under all conditions of use; d)means to ascertain the safe working load for lifting gears under such condit ions in which such gear s may be used are provided to enable a worker using such gears and such means shall consist of:- i)marking the safe working load in plain figures of letters upon the sling or upon a ta blet or r ing of durable material attached secur ely thereto in case of chain slings, and; ii)either the means sp ecified in sub-cla use (i) or notices so exhib ited as can be easily read by a ny concerned building worker stating the sa fe working loa d for the various sizes of the wire rope slings used in case of wire rope slings. 6 2 . Loa ding of lifting a pplia nces and lifting gears:- The employer shall ensure at a construction site of a building or other construction work that:- a)No lifting a ppliance, lifting gear or wir e rope is used in an unsafe wa y and in such a manner as to involve risk to life of building workers, a nd that they are not loaded beyond their safe working load except for testing purposes under t he direction of a competent person in the manner as s pecified in Schedule I annexed to these rules. b)No lifting a ppliance, lifting gear or any other material handling appliance is used, if :- i)the inspector having jurisdiction is not satisfied wit h refer ence to a certificate of test or examination or to an authenticated recor d maint ained a s provided under these rules, and ii)in the view of such Inspector, the lifting appliance, lifting gear or any other material handling appliance is not safe for use in building or other construction work; iii) no pulley block is used in building or other construct ion work unless the safe wor king load and its identification are clearly ma rked on such block. 6 3 . Opera tor ’s ca b or cabin:- The employer shall ensur e at a construction site of a building or other cons truction work that:- a)The operator of every lift ing machine in outdoor service is provided with a cab or ca bin which:- i)is made of fire resistant material; ii)has a suita ble sea t, a foot rest and protection from vibration; iii) affords the operator an adequate view of a n area of operation; iv) affords the operator access to working pa rts in cab; v)affords the operator adequa te protection against the weather; vi) is a dequately ventilated; and vii) is p rovided with a suitable fire extinguisher. 6 4 . Operation of lifting appliances:- The employer shall ensur e at a construction site of a building or other construction work that:- a)ever y crane driver of lifting operator possess adequate skill and training in t he operation of the particular lifting appliance. b)no person under eighteen years of age is in control of any lifting appliance, scaffold winch, or to give signals to the opera tor. c)precaution is taken by the trained operator to pr event lifting a ppliance from being set in motion; d)The operation of lifting operation is governed by signals, in conformity with the relevant national standards. e)the lifting appliance operator ’s attention is not distr acted while he is working. f)no crane, hoist winch or other lifting appliances or any other part of such cra ne, hoist, winch or other lifting appliance is, except for testing purposes, loaded beyond the safe working load; g)during the hoisting operations effective precaution is taken to prevent any person fr om standing or passing under t he load in such operation. - 22 - Ex-134/2016 h)operator does not leave lifting a ppliance unattended while power is on or load is suspended to such appliance. i)no person rides on a suspended loa d or any lifting applia nce; j)ever y part of load in cour se of b eing hoisted or lowered is a dequately suspended and supported to pr event da nger; k)ever y receptacle use for hoisting bricks, tiles, slates or other material is suita bly enclosed a s to prevent the fall of any such materials. l)the hoisting platform is enclosed when loose materials or loaded wheel barrows are placed directly on such platform or on lowering such materials or wheel barr ows; m) no material is raised, lowered or slowed with any lifting appliance in such a way as to cause sudden jerks to such applia nce. n)in hoisting a barr ow, any wheel of such barrow is not used as a means of support unless adequate steps are taken to prevent the axle of such wheel from slipping out of its bear ing; o)long objects like planks or girders are provided with a tag line to prevent any possibilit y of danger while raising or lowering such objects; p)during the p rocessing of landing of material, a building worker is not permitted to lean out into empty space for finding out the loading and unloading of such material; q)the hoisting of loads at places where there is regular flow of traffic is carried out in an enclosed space or in case such hoisting is impra cticable in enclosed space, measures are ta ken to hold or divert the traffic during the time of such hoisting; r)adequate steps are taken to prevent a loa d in the course of being hois ted or lowered from coming into contact with any objects to avoid any displacement of such load; s)appliances are provided a nd used for guiding heavy loa ds when raising or lowering heavy loads to avoid cr ushing of hands of building workers during such raising or lowering of loads. 6 5 . Hoists:- The employer shall ensure at a construction sit e of building or other construction work that:- a)hoist towers are designed according to relevant national standa rds. b)hoist shaft s are provided with r igid pa nels or other adequate fencing;_ i)at the ground level on all sides of such shafts and ii)at a ll other levels on all sides of the access to such sha fts. c)the walls of hoist shafts, except at approaches, extend at least two metres above the floor or platform at access to such shafts; d)appr oaches to a hoists ar e provided with gates which a re:- i)girded to maintain visibility; ii)at least of two metres height; and iii) equipped with a device which require such gate to be closed before the platfor m of such hoist can leave the landing a nd prevents the gate fr om being opened unless such platform, is at the landing; e)appr oach to a hoist are adequately lit; f)the guides of hoist platforms offers sufficient r esistance to bending a nd, to bucking in the case of jamming by providing a safety ca tch; g)overhead bea ms and their supports are capable of building the total ma ximum live and dead loads that such beams and supports will be required to carry, with a safety factor of at least five; h)a clear space is provided:- i)above the highest stopping place of a ca ge or platform to allow sufficient unobstructed travel of such cage or pla tform in case of overwinding; and ii)below the lowering stopping place of such cage or platform. i)adequate covering is provided above the top of hoist shafts to prevent materials from falling into such sha fts. - 23 -Ex-134/2016 j)outdoor hoist towers are erected on adequa tely firm foundations and are securely braced, grayed and anchored; k)a la dderway extends from the button to the top of every outdoor hoist tower in ca se no other ladder way exists within easy reach and such ladderway comply with the relevant national sta ndar ds; l)the rated capacity of a hoisting engine is at least one and a half times the maximum load that such engine will be requir ed to move; m) all gearing on a hoisting engine is securely enclosed. n)steam piping of a hoisting engine is adequately protected against a ccidental cont act of such piping with a building wor ker. o)electrical equipment of a hoisting engine is effectively earthed; p)a hoist is provided with s uitable devices to st op a hoisting engine as soon as the platfor m of such hoist reaches its highest stopping place; q)a hoist engine is protected by a suitable cover against weather a nd falling objects. r)a hoisting engine set up in a public thoroughfa re is completely enclosed; s)all exhaust steam pipes discharge steam in such a manner that the steam so discharged does not scald any person or obstruct the operator ’s view; t)the motion of a hoist is not reversed without first b ringing it to rest to avoid any har m from such reverse motion; u)a hoist, not designed for the conveyance of persons, is not set in motion fr om the platfor m of such hoist. v)poles and r atchet wheels of a hoist, requiring disengagement of such pawls from such ratchet wheels, before the platfor m of such hoist is lowered, ar e not used; w ) a platform of hoist is equipped with suitable sa fety gear which can hold such platform with its maximum load in case its hoisting rope breaks; wa ) a platform of a hoist is capable of supporting such maximum load that such platform may carry, with a safety factor of at least three; x)on p latform of a hoist, the wheel barrows or tr uck are efficiently blocked in a safe posit ion; y)a ca ge of a hoist or a pla tform, where the building wor kers are requir ed to enter int o such cage or to go on such platform at landing level, is provided with a locking arrangements to prevent such cage or platform from moving during the time a worker enters or leave such cage or platform; z)the sides of a platform of a hoist which are not used for loading or unloading are pr ovided with toe-board a nd enclosures of a wir e mesh or any other s uitable means to prevent the fall of any part of a load fr om such platform; za) a platform of a hoist, which has a ny probability of falling and part of load from it, is provided with an adequate covering with such fall; zb) the counter weights of a hoist consisting of an assemblage of severa l parts are so constructed that such pa rts are rigidly connected together; zc) the counter weights of a hoist r un between guides; zd) st every level of work the building workers are provided with adequa te platform for perfor ming such work; ze) a legible notice in English / Hindi as well as in a local language is displayed at:- i.)a conspicuous place of the platform of a hoist and tha t such notice states the maximum carr ying ca pacity of such hoist in kilogram; ii.) a conspicuous place on the hoisting engine and that such notice states maximum lifting capa city of such hoist in kilogr ams; iii.) a conspicuous place on a hoist authorised and certified for the conveyance of the person on t he platform or cage and such notice states the maximum number of persons t o be carr ied on such hoist at one time; - 24 - Ex-134/2016 iv.) a conspicuous place on a hoist ca rrying goods and other materials and such notice st ates that such hoist in not meant for carriage of persons. 66. Fencing of and means of access to lifting appliance:- The employer shall ensure at a cons truction site of a building or other constr uction work tha t :- a)safe means of access is provided to every par t of a lifting applia nce; b)the operator ’s platform on every crane or tip driven by mechanical power is securely fenced and is provided with safe means of access and where access to such platform is by a ladder; i.)the sides of such ladder extend to a reasonable height beyond such platforms or some other suitable handhold is provided in lieu thereof to prevent any falling of person from such platforms; ii.) the handling place on such platform is maintained free from obstruction and slipping; and iii.) in case the height of such ladder exceeds six metres, the rest ing pla tforms a re provided wher e the distance between last platforms so provided and the top end of such ladder is mor e than two metres tha n on such top end. 67 . Rigging of derricks:- The employer shall ensure at a construction site of a building or other cons truction work that every derr ick has current and r elevant rigging plans and any other informa tion necessary for the safe rigging of such der ricks a nd its gear. 6 8 . Securing of derrick foot:- The employer shall ensur e at a construction site of a building or other cons truction work that appropria te measures ar e taken to prevent the foot of a derrick being lifted out of its socket or support. 69 . Construction and maintenance of lifting gear:- The employer shall ensure at a construction site of a building or other construction work that:- 1)ever y lifting gear is:- (i) Of good design and construction, sound material and adequate strength to perform the work for which it is used; (ii) Free from p atent defects, and (iii) Properly maintained in good repair and working or der; 2)components of a the loose gear, a t the time of its use are renewed if one of its dimensions at any point ha s decreased by ten percent or more by user; 3)a chain is withdrawn from use when it is stretch and incr eased in length which exceeds five percent or its length or when a link of such chain is deformed or otherwise damaged or ra ised scar ves of defective welds a ppear on it; 4)rings, books, swivels and end links attached to a chain are of the same material as that of such chain; 5)the voltage of electric supply t o any magnetic lifting device does not fluctuate by more than plus ten percent or minus ten percent. 7 0 . Test and periodica l examination of lifting gear s:- The employer shall ensur e at a construction site of a building or other construction work that:- 1)a lif t ing gea r is ini t ia lly t es t ed fo r t he ma nu fa ct u r e b y a co mp et ent p er s on, in a ma n ner s p ec ified in Schedule – I annexed to these rules before taking into use or after undergoing any substantive alterations which renders if any part is liable to affect its safety and such gear alters such test shall subsequently be retested for the use of its owner at least once in every five years. 2)a lifting gear in use is thoroughly exa mined once at least in every twelve months by a competent person. 3)a chain in use is thor oughly examined at least once every month by a resp onsible person for its use; 4)certificates of initial and periodical test and examina tion of loose gears under these rules are obta ined in Form – VII annexed to these rules. - 25 -Ex-134/2016 7 1 . Ropes:-The employer shall ensure at a construction site of a building or other constr uction work that:- 1)no r ope is used for building or other cons truction work unless (i) it is of good qualit y and fr ee from patent defects; and (ii) in the case of wir e rope, it has been t ested and examined by a competent person in the manner specified in Schedule – I a nnex ed to t hese ru les; 2)ever y wire r ope of lifting appliance or lifting gear used for building or other construction work is inspected by a responsible person for such u se at least once in every three months; Provided that after any such wir e is br oken in such r ope, it shall thereafter be inspected at least once in every month by the responsible person; 3)no wire rope is used for building or other construction work if in any length of eight diametres of such wires, the total number of visible broken wires exceed ten percent of the total number of the wires in such rope, or such rope shows sign of excessive wear, corrosion or other defects which in the opinion of t he person who inspects it or inspector, having jurisdiction, is unfit for use; 4)eye splices and loops of r opes for the a ttachment of hooks, r ings and other such pa rts to wire ropes are made with suitable thimble; 5)a thimble or loop splice made in any wire rope sling conforms to the following standar ds:- (i) wire rope sling sha ll have at least three tucks with full strand of rope and two tucks with one half of the wir es cut out of each of such strands shall be tucked against the la y of the r ope; (ii) protruding ends of such strands in any splice of wire rope slings shall be covered or treated so as to lea ve no sharp points; (iii) a fibre rope or a r ope sling shall have at least four tucks with full strand followed by further tuck with one half filaments cut out of each of such strand a nd fina l tuck with one half of the remaining filaments cut out from such strands. And por tion of the splices cont aining such tucks, with reduced number of filaments, shall be securely covered with suitable tape or other materials. Provided that nothing contained in this sub-cla use sha ll apply where any other for m of splices, which may be shown to be as efficient as the splice with above standar ds, is used. 72 . Heat treatment of lifting gears:-The employer shall ensure at a construction site of building or other construction work that:- 1)all chains other than briddle chains attached to derr icks and all r ings, books, shackles and swivels used in hoisting or lowering of such derricks a re annealed under supervision of a competent person a nd at the following intervals, namely:- (i) such chains, rings, hooks, shackles and swivels which are not more than twelve a nd a half millimetre of length are so annealed at least once in every twelve months; (ii) all other such chains, rings, books, shackles and swivels are so annealed at least once in every six months; Provided tha t such annealing as referred to in sub-clause (i) and sub-clause (ii) shall not be r equired if the Inspector having Jur isdiction, aft er obta ining the appr oval of the La bour Commissioner, directs tha t such chains, rings, books, shackles and swivels undergo some other treatment a nd in such cases the treatment directed by such Inspector shall be followed; Provided further that in case of such chains, rings, books, shackles and swivels used safely on such der ricks a nd other hoisting appliance which ar e worked by ha nd, the provisions of sub-clause (i) and sub-clause (ii), as the case may be shall apply as if for the period of six months and twelve months the periods of twelve months and two years have respectively been substituted therein; - 26 - Ex-134/2016 P rovided also that in case where the Inspector, having jur isdiction, is of the opinion that owing to the size, design materia l or frequency of use of any s uch cha ins, rings, book, shackles and swivels, the requirement of t his clause for annealing is not necessary for the pr otection of building worker, he may aft er obta ining the approval of the Labour Commissioner, certify in writing to such employer that subject to the condition specified in such certification, such chains, rings, book, shackles and swivels are exempted from such annealing and thereafter the provision of this clause shall apply subject to such exemption; Provided also that this clause shall not apply to:- i)pitched chains, working on sprocket or sprocket wheels; ii)rings, books and swivels permanently attached to pitched chains, pulley or weighting machines, and iii) books and swivels having ba ll bear ings or other case har dened pa rts; b)a chain or a loose gear made of high tensile steel or alloy steel is subjected to any form of heat treatment except where such treatment is necessary for the purpose of repair of such chain or loose gear a nd that such repair is made under the direction of the competent person; c)that the wrought ir on gear, the pa st history of which is not tra ceable, is suspected of being heat treated at incorrect temperature, is normalized before using it on any building or other construction work. 73. Certificate to be issued after actual testing and examination, etc:-The employer shall ensu re that a construction site of a building or other construction work that a competent person issues a certificate for the purpose of rule 56, rule 62, rule 71 and rule 72 only after actual testing or, as the case may be, examination of the appara tus specified in the said rules. 74. Register of periodical test, examination and certificates thereof:- The employer shall ensu re at a construction site of a building or other construction work that:- a)a register in Form XXVI, a nnexed to these rules is maintained and pa rticular s of such test and examination of lifting appliances, lifting gear s and heat treatment as required under rule 56, rule 62 and rule 72, are entered in such register; b)certificate in respect of each of the following is obtained from competent p erson in the forms as mentioned below, namely:- (i) in case of initial and periodica l test and examination under rule 56 and rule 71, for- (a) winches, derricks and their accessory gears in Form V annexed to these rules; (b) cranes or hoists and their a ccessor y gears in Form VI annexed to these rules; (ii) in case of test, examination and re-examination of loose gear s under clause (d) of rule 70 in Form VII annexed to these rules; (iii) in case of test and examina tion of wire ropes under rule 62 in F orm VIII annexed to these rules; (iv) in case of heat treatment and exa mination of loose gear s under rule 72 in For m IX annexed to these rules; (v) in case of annual thorough examination of the loose gears under clause (b) of rule 70, except wher e required par ticula r s of su ch exemption ha ve been enclos ed in t he register referred to in clause (a), in Form XXVI, annexed to these rules, and such certificates are attached to the regis ter referred to in cla use (a); c)the register referr ed to in cla use (a) a nd the certifica tes referred to in cla use (b) attached to such register are:- (i) kept at such construction site in case such register and certificate relate to lifting appliances, loose gear and wire r opes; (ii) produced on demand before an Inspector having jurisdiction; and (iii) retained for at least five years after the date of the last entry made in such register; - 27 -Ex-134/2016 d)no lifting appliance or lifting gear in respect of which an entry is requir ed to be made in register referred to in clause (a) and certificate of test and examination are required to be attached in such register in the manner as specified in clause (a) or clause (b), as the case may be, is used for building or other construction work unless the required entr ies have been made in such regis ter and certific ates. 75. Vacuum and magnetic lifting gear:- The employer shall ensure at a construction site of a building or other constr uction work that:- a)no vacuum lifting gear, magnetic lifting gear or a ny other lifting gear where the load on it is held by adhesive power, is used while workers are performing operations beneath such gear; b)a ma gnetic lifting gear used in connection with building or other construction work is provided with an alternative supply of power, such as batteries, which may come into operation immediately in the event of failur e of the main power supply; c)no building worker shall work with in the swinging zone of the lifting gear or load or building or other construction materia l suspended to such lifting gear; 76 . Knotting of chains and wire ropes:- The employer shall ensure at a construction site of a building or other construction work that no chain or wire rope with a knot in it is used in building or other constr uction work; 77. Carrying of persons by means of lifting appliances, etc:- 1)The employer shall ensure at a construct ion sit e of a building or other cons truction work that no building worker is raised, lowered or carried by a power driven lifting appliance except:- a)on the driver ’s platform in the case of a crane, or b)on a hoist or c)on a n appr oved suspended scaffold; Provided tha t a building worker ma y be raised, lowered or carried by a power dr iven lifting appliance- i)in circumstances where the use of a hoist or of a suspended scaffold is not reasonably practicable and the requirement of sub-rule(2) ar e complied with, or ii)on an aerial cableway or aerial ropeway in case where the requirement of sub-rule(2) are complied with. 2)The requirement referred to in proviso to sub-rule (1) are as below, namely:- i)that the appliance referr ed to in such proviso can be operated from one pos ition only; ii)that any winch used in connection with the appliance r eferred to in such proviso comply with the requirement of rule 59; iii) that no person sha ll be carried by the appliance referred to in such proviso except:- (a ) in a chair or cage, or (b) in a skip or other recepta cle a t lea st three feet deep which is suitab le for safe carr iage of a person and any such chair; cage, s kip or other receptacle is made of good construction, sound material, a nd has adequate st rength and is properly maintained with suitable means to prevent any occupant therein from falling out of it and is free from any material or tools which may interfer e with the handhold or foothold of such occupa nt or otherwise endanger him; and, iv) that suitable measures sha ll be ta ken to prevent the cha ir, cage, skip or other receptacle from spinning or tipping in a ma nner da ngerous to any occupa nt therein. 7 8 . Hoists carrying persons:- The employer shall ensur e at a construction site of a building or other cons truction work that:- a)no building worker is carr ied by a hoist unless it is pr ovided with a cage which:- - 28 - Ex-134/2016 i)is s o constructed a s to pr event, when it s gates are shut, any building worker carried by such hoist from falling ou t of it or from being trapped between any pa rt of such cage and any fixed st ructure or other moving part of such hoist or from being st ruck by articles or materials falling down the hoistway on which such hoist is moving; and ii)is fitted on each of its side from which access is provided to a landing place with a gate which has efficient interlocking or other devices to secure so that such gate cannot be opened except when such cage is at a landing place and that such cage cannot be moved away from any such place u ntil such gate is closed; b)every gate in t he hoistway enclosur e of each hoist used for car rying person is fitted with efficient interlocking or other devices to secur e so that gate cannot be opened except when the cage of each gate is at the landing place, and that such cage ca nnot be moved a way from the landing place until such gate is closed. c)in every hoist used for car rying building workers these a re provided suitable and efficient automatic devices t o ensur e that the cage of such hoist comes to rest a t a point above the lowest point to which such cage may tra vel. 7 9 . Atta chment of loa ds:-The employer shall ensure at a construction site of a building or other cons truction work that - a)when a sling is used to hoist long materials, a lifting beam is used to space the sling legs for proper bala nce and when a load is suspended at two or more points with slings, the eyes of the lifting legs of such slings are shackled together and such shackled or eyes of the shackled slings are placed on the look or the eyes of such lifting legs are shackled directly to t he hoisting block, ball or balance beam, as the case may be; b)ever y conta iner or recepta cle used for ra ising or lowering stone, bricks, tiles, slates or other similar objects is so enclosed with the hoist as to prevent the fall of such objects; c)a loaded wheelbarr ow placed directly on a platform of a hoist for ra ising or lowering of such wheel- bar rows is so secur ed tha t such wheelbar rows ca nnot move a nd s uch pla tfor m is enclosed to prevent the fall of the contents kept in such wheelbarr ows; d)landings of a hoist are so designed and arranged that building workers on such hoist are not required to lean out into empty space for loading and unloading any materia l from such hoist. 8 0 . Tower Cranes:- The employer sha ll ensure at a constr uction site of a building or other construction work that- a)no person other tha n the operator trained and ca pable to work at heights are employed to operate tower cranes; b)the ground on which a tower crane stands has a dequate bearing capacity; c)bases for tower cra nes and trucks for rail mount ed tower cranes are firm and levelled and such cranes are erected at a reasonably safe distance from excavations and are operated within gradient limits as specified by the manufactur er of s uch cra nes; d)tower cranes are sited where there is a clear space available for erection, operation and dismantling of such cra nes; e)tower cranes are sited in such a way that the loa ds on su ch cranes are not handled over any occupied premises, public thoroughfares, railways or near power cables, other than construction works for which such cranes are used; f)where two or more tower cranes a re sited and operated, every care is taken to ensure positive and proper communication between operator s of such cranes to avoid any danger or dangerous occurrences. g)Tower cranes are used for loading magnet or demolition ball service, pilling operation or other simila r opera tions which cou ld impose excessive load stresses on the cra ne structure of such cra nes; - 29 -Ex-134/2016 h)the instruct ions of the manufactur er of a tower crane and a standard sa fe pract ices regarding s uch cra ne are followed while opera ting or using such cr ane. 81 . Qualification of operator of lifting winches and of signaler etc:- T he employer sha ll ensure at a constr uction site of a building or other construct ion wor k that no person is employed to drive or operate a lifting a ppliance, whether driven by mechanica l power or otherwise or to give signals to drive or operate of such lifting appliance or to work a s a operator of a rigger or derricks unless he- (i) is a bove eighteen years of age; (ii) is s ufficiently competent and reliable; (iii) possesses the knowledge of the inherent risks involved in the operation of lifting appliances; and (iv) is medically examined periodically as specified in Schedule VII annexed to t hese rules. CHAPT ER – VIII R UNWAYS AND R AMP S 8 2 . Use of runways and ramps by building worker:- The employer shall ensur e at a construction site of a building or other construction work t hat- a)runway or r amp provided for use by building workers is not less tha n four hundred and thirty millimetres in width and is constr ucted of not less than twenty five millimetres thick planking or any other material of adequate st rength to withstand the required load supported su bstantially in r elation to the span a nd braced of such runway or r amp and design and construct ion of such runway or ra mp is in accordance with the r elevant nationa l standa rds; b)ever y runway or ramp provided for use of building workers loca ted more than t hree metres above the floor or ground is on open sides provided with a guard rail of adequate strength and height of not less than one thousand millimetres. 8 3 . Use by vehicles:- The employer shall ensur e at a construction s ite of a building or other construction work that:- a)all runways and ramps are of sound construction, strength and are securely braced and supported; b)ever y runway or ramp for the use of transport equipment like tr ailers, trucks or heavier vehicles has a width of not less than three point seven metres and is provided with timber curbs or any other material of adequate strength with not less than two hundred millimetres by two hundred millimetres in width placed para llel to, and secured to, the sides of such runway or ramp and such runways or ra mps are designed in a ccordance with the relevant national standa rds. 84 . Slope of ramps :-The employer shall ensure at a construction site of a building or other cons truction work that every ramp has a slope not exceeding one in four and the tota l rise of a cont inuous r amp used by building workers carrying materials or using wheelbarr ows does not exceed three point seven metres, unless broken by horizontal la nding of at least one point two metres in length or a s provided in accordance with the relevant national standa rds. 85 . Use by wheelbarrows, etc:- The employer shall ensure at a construction site of a building or other construction work that- a)ever y runway or ramp used for wheelbarrows, hand carts or hand trucks is not less than one metre in width and is constructed of not less than fifty millimetres thick planking and is supported and braced su itably for such use; b)ever y runway or ra mp loca ted mor e than three metres a bove the floor or ground is provided on the open sides with suitable guard rails of adequa te strength. - 30 - Ex-134/2016 CHAPTER – IX WORK ON OR ADJACENT TO WATER 86. Transport by water:- (1) The employer shall ensure at a construction site of a building or other constructions work that- a)when any bu ilding worker has to proceed to or fr om any working place b y water for purposes of carrying on a building or other construction work, proper measures are taken to provide for his safe transportation and vessels use for such purpose are used in char ge of a responsible p erson, and are properly equipped for safe navigation and are maintained in good condition; b)maximum number of p ersons which ca n be safely carr ied in a vessel as cer tified under the relevant law in force is mar ked pla inly and conspicuously on su ch vess el and such number is not exceeded during us e of such vessel for carrying persons, (2) The vessel referred to in clause (a) of sub-rule (1) s hall conform to the following, namely:- i)that adequate protection is provided to the building workers in such vessel from inclement weat her ; ii)that such vessel is manned by adequate and experienced cr ew, as per the relevant law for the time being in force; iii) that in case the bulwarks of such vessel are lower than sixty centimetres from the level of the deck of such vessel, the open edge of such bulwar ks a re fitted with suita ble fencing to a height of at least one meter above such deck and the p ost and stanchions and similar parts used in such fencing ar e not spaced more tha n two metres apart; iv) that the number of lifebu oys on deck of such vessel is at least equa l to the number of crew members of such vessel and is not less than two; v)that all lifebuoys on deck of such vessel are kept in good sta te of maintenance and are so placed that if such vessel sinks then they remain to float and one of such buoys is within the immediate reach of the steerman of such vessel and another is sit uated after part of such vessel; and vi) that the position of the steerma n of the vessel is such that he was a reasonably free view of all sides. 8 7 . Prevention of drowning:- The employer shall ensur e at a construction site of a building or other cons truction work t hat where, on or adjacent to the work place of any construct ion sit e into which these rules apply, there is water which a building worker employed for wor k on su ch site is, in the cou rse of his employment, may fall and has the risk of drowning, suitable rescue equipment is provided and kept in an efficient state for ready use and measures are taken to arrange for the prompt rescue of such building worker from the danger of drowning a nd wher e there is a special risk of s uch fall from the edge of adjacent land or from a structur e adjacent to or above the water or from floa ting sta ge on such water, secure fencing is provided near the edge of such land, structur e or floa ting stage, as the ca se may be, to prevent such fa ll, and such fencing may be removed or allowed to r emain un-erected for the time and to the extent necessar y for the access of building workers to such work or the movement of material of such work. CHAPTER – X TRANSPORT AND EARTH MOVING EQUIPMENT 8 8 . Earth moving equipment and vehicle:- The employer shall ensur e at a construction of a building or other construction work t hat- a)all vehicles and earth moving equipment a re made of good materia l, proper design and sound cons truction and ar e sufficiently strong for the purpose for which such equipments are used - 31 -Ex-134/2016 and are maintained in good state of repair and are pr operly used in accordance with standard safe operating practices. Provided that the truck or trailer employed for transporting freight containers are of the size sufficient to carr y the container s, without overhanging and are provided with twist locks confor ming to national standa rds, at all the four corners of each of such truck or tra ilers a nd such truck or trailers are certified for such use by an authority under the relevant law for the time being in force and is inspected by a responsible person, at least once in a month and record of such inspection is maintained; b)all transport or earth moving equipment and vehicles are inspected at least once a week by a responsible person and in case any defect is noticed in such equipment or vehicle, it is immediately taken out of use; c)power trucks and tractors are equipped with effective brakes, head lights and tail lamps and are maintained in good repair and working order; d)side stanchions on power trucks and tra iler for carrying heavy and long objects a re:- i)of s ound construct ion and free fr om defects; ii)provided with tie chains attached to the top cross the loads for preventing such stanchions from spreading out; and iii) kept in position while loading and unloading; e)safe gangways are provided for to and fro movement of building workers engaged in loading and unloading of lorries, trucks, trailers and wagons; f)trucks and other equipment are not loaded beyond their safe carrying capacity which shall be clearly mar ked on such tr ucks and other equipment; g)handles of hand tr ucks are so designed a s to pr otect the hands of the building workers wor king on such trucks, or such handles a re provided with knuckle gua rds; h)no u nauthorized per son rides the transpor t equipment employed in such work; i)a dr iver of a transport equipment manoeuvres such equipment under the direction of a signaller; j)adequate pr ecaution such as isolating t he electric supply or erecting overhead ba rreers of a safe height is taken when earth moving equipment or vehicles are required to operate in dangerous proximity to any live electric conduct ors; k)vehicles and earth moving equipment are not left on a slope with the engine of such vehicles and equipment running; l)all earth moving equipments, vehicles or other transport equipment are operated only by such person who are adequately trained and possess such skill as a re required for safe operation of such equipment, vehicle or other t ranspor t equipment. 8 9 . Power shovels and excavator s:- The employer shall ensure at a construction site of a building or other construction work that- a)a shovel or an exca vator whether operated, by steam or electric or by internal combustion, used for such work is constructed, installed, operated, tested and examined as required under any law for the time being in force and the relevant national standa rds; b)excavator equipped for use as mobile crane is- (i) examined and tested in accordance with the requir ements for such mobile crane under thes e rules; and (ii) fitted with an automatic sa fe working loa d indica tor; c)buckets or grabs of power shovels are propped to restrict the movement of such buckets or grabs while being r epaired or while the teeth of such buckets or grabs are being changed. 9 0 . Bulldozer :- The employer sha ll ensure at a constr uction site of a building or other construction work that:- a)an operator of bulldozers before leaving such bulldozer- i.)applies the br akes; - 32 - Ex-134/2016 ii.) lowers the blade and sipper; and iii.) puts the shift lever into neutral; b)a bulldozer is left on level ground at the close of the work for which such bulldozer is used; c)the blade of a bulldozer is kept low when such b ulldozer is moving uphill; d)the bulldozer blades are not used as brakes except in an emergency. 91. Scrapers:- The employer shall ensure at a construct ion sit e of a building or other construction work that a)a tr actor and scraper is joined by safety line at the time of its operation; b)the scraper bowls are propped while blades of such scraper are being replaced; c)a scraper moving downhill is left in gear. 9 2 . Mobile aspha lt la yers a nd finishers:- The employer shall ensure at a construction site of a building or other constr uction work that- a)a mixture elevator is within a wooden or sheet metal enclosur e with a window for observation, lubr ication and maintenance; b)bitumen scoops have adequate covers; c)when asphalt plants are working on a public road, adequate traffic control is est ablished on such road and the building workers working with such plant are provided with reflecting jackets; d)a sufficient number of fire extinguishers are kept in readiness on such workplace where fire hazar ds may exist; e)the materia ls are loaded on the elevator after the drying drain has warmed up of such eleva tor; f)no open light is used for ascertaining the level of asphalt; g)inspection opening is not opened till there is a pressur e in the boiler which may cause injur y to a building worker. 93 . Pavers: - The employer shall ensure at a construct ion sit e of a building or other construction work that pavers are equipped with gua rds suit able to prevent building workers from walking under the skip of such pavers. 9 4 . Road rollers: - The employer sha ll ensure at a constr uction s ite of a building or other construction work that:- a) before a r oad roller is used on the gr ound, such ground is examined for it s bearing capa city and general safety, especially at the edges of slopes such as embankments on such grounds; b)a roller is not moved downhill with the engine out of gear. 9 5 . Gener al S afet y:- The employer sha ll ensure at a constr uction s ite of a building or other construction work that - a)ever y vehicle or earth moving equipment is equipped with - i)Silencers; ii)Ta il lights; iii) Power and hand bra kes; iv) Reversing alarm; and v)Sear ch light for forward and backward movement, which are required for safe opera tion of s uch vehicle or earth moving equipment; b)the cab of vehicle or earth moving equip ment is kept a t least one metre from the adjacent face of a ground being excava ted; c)when a crane or shovel ar e traveling, the boom of such crane or shovel is in the direction of such travel and the bucket or scoop attached to such cr ane or shovel is raised and without load, except when such tra veling is downhill. - 33 -Ex-134/2016 CHAPTER – XI CONCRETE WORK 96 . General Provisions regarding use of concrete:- The employer shall ensure at a construction site of a building or other construction work that - a)all construction with the use of concrete or reinforced concrete are based on plans as - (i) include specifications of steel and concrete and other material to be used in such construction; (ii) give technical deta ils regarding methods for safe placing and handling of such materials as specified in sub-clause (i); (iii) indicate the type, quality and arrangement of each part of a structure of such construction; and (iv) explain the sequence of s teps to be taken for completion of such construct ion; b)formwork and shores used for concr ete work are structurally safe and are properly braced or tied together so a s to ma intain position and shape of such formwork or shores; c)formwork str ucture used for concrete work has sufficient cat-walks and other secure access for inspection of such structure if such structure is in two or more tiers. 97. Preparation and pouring of concrete and erection of concrete structure:- T he employer shall ensure at a construct ion sit e of a building or other construction work that - a)a building worker ha ndling cement or concrete - (i) wear s close-fitting clothing, gloves, helmets or hard hat, sa fety goggles, proper foot- wear and respirator or ma sk to protect him from danger in such handling; (ii) keep as much of his body covered a s is required to protect him from da nger in such ha ndling; (iii) takes all necessar y preca utions to keep cement and concrete a way from his skin in such ha ndling; b)lime pits are fenced or enclosed; c)lime pits ar e filled and emptied by such devices which do not r equire workers to go into the pit; d)moving parts of the elevators, hoists, screens, bunkers, chutes, grouting, equipment used for concrete work and of other equipment used for storing, transport and other handling ingredients of concrete are securely fenced to avoid contact of building workers with such moving par ts:- e)screw conveyors used for cement, lime and other dusty materials are completely enclosed. 9 8 . Buckets:- The employer shall ensure at a construct ion site of a building or other construction work that- a)concrete buckets used with cranes or aerial cableways ar e free from projections from which accumulations of concrete could fall; b)movements of concr ete buckets ar e governed by signals necessa ry to a void any danger by such movement s. 99 . Pipes and pumps:- The employer shall ensure at a construction sit e of a building or other constr uction work that- i)ever y pipe for car rying pump concrete is:- (i) securely anchored a t its end point and at each curve on it; (ii) provided near the top of such pipe with an air release valve; and (iii) securely attached to a pump nozzle by a bolted collar or other adequate means; ii)a scaffolding carrying a pipe for pumped concrete is strong enough to suppor t such pipe at time when such pipe is filled with concrete or water or any other liquid and to bear all the building workers who may be on such scaffold at such time, safely; iii) the operation of concrete pumps a re governed by standar ds signals relevant in accordance with the relevant national standa rds; iv) building wor kers employed around a concrete pump wear safety goggles. - 34 - Ex-134/2016 1 0 0 . Mixing and pouring of concrete:- The employer shall ensur e at a constr uction site of a building or other cons truction work that:- a)the concrete mixtur e does not cont ain any material which may unduly affect the setting of such concrete, weaken such concrete or cor rode steel used with such concr ete; b)when dry ingredients of concrete are being mixed in confined spa ces such as silos:- (i) the dust shall be exhausted at the time of such mixing; and (ii) in case the dust ca nnot be exhausted, as specified in sub-clause (i), the building wor kers shall wear respira tors at the time of such mixing; c)when concrete is being tipped fr om buckets building workers are kept out of the r ange of any kick-backs of such buckets; d)loads are not dumped or placed on setting concr ete. 101. Concrete panels and slabs:- T he employer sha ll ensure at a construction site of a building or other construction work that - a)all parts of a concrete panels or concrete slab are hoisted unifor mly; b)concrete pa nels are adequa tely br aced in their final positions and such bracings shall remain in such position until such panels a re adequately supported by other par ts of the construction for which such panels are used; c)temporary bracing of concrete pa nels ar e securely fastened to prevent any part of such pa nels from falling when such panels are being moved. 1 0 2 . Stressed a nd tensioned elements:- The employer shall ensur e at a constr uction site of a building or other cons truction work that - a)building workers do not stand directly over jacking equipment while stressing of concr ete girders and beams is being done; b)a pr e-stressed concrete unit is not handled except at points on such unit and by the devices specified for such work by the manufactur er of such devices; c)during transport, pre-str essed concrete girders or concrete beams ar e kept upright by bra cing or other effective means; d)anchor fittings for pretensioned strands of pre-stressed concrete girders or concrete beams are kept in a sa fe condit ion in accordance with the instruction of manufacturer of such anchor fittings; e)building wor kers do not stand behind jacks or in line with tensioning elements and jacking equipment during tensioning opera tions of the pre-stressed concrete girders or concrete beams; f)building wor kers do not cu t wires of pre-stressed concrete girders or concrete beams under tensions before such concrete used for such gir ders or beams is sufficiently hardened. 103. Vibrators:- The employer shall ensure at a construct ion site of a building or other construction work that:- a)a building worker, who is in good physica l condition, operates vibrators used in concreting wor ks; b)all practical measures are taken to reduce the amount of vibr ation t ransmitted to the oper ator working in concreting work; c)when electric vibra tors are used in concr eting work - i)such vibrators shall be earthed; ii)the leads of such vibrator s shall be heavily insulated; and iii) the current shall b e switched off when such vibrator are not in used. 1 0 4 . Inspection and supervision:- The employer shall ensur e at a construction site of a building or other construction work that - a)a person responsible for a concreting work supervises the erection of the formwork, shores, graces and other supports used for such concr eting work; - 35 -Ex-134/2016 b)a person r esponsible for concr eting work ma kes a thorough inspection of every formwork after erection of such formwork in such concreting wor k to ensure that such formwork is safe; c)a person responsible for a concreting work regula rly inspects the formwork, shores, bra ces, reshores and other supports during the placing of concr ete; d)any unsafe condition which is discovered during the inspections mentioned under clauses (b) and (c) is r emedied immediately; e)a person responsible for a concr eting wor k keeps all recor ds or inspections referred to in clause (a) and cla use (b) at the workplace relating t o such inspection and produced them for inspection upon the demand of an Inspector ha ving jurisdict ion. 1 0 5 . Beams, floors and roofs:- The employer shall ensur e at a construction site of a building or other cons truction work that - a)horizontal and dia gonal br acing a re provided in both longitudinal and transverse directions as may be necessary to provide structural s tability to for mwork used in concreting work and shor es used in such concreting wor k are properly seated top and bottom and are secured in their pla ces; b)where shores used in concer ning work rest upon the ground, base plates are provided for keeping such shores firm a nd in level; c)where the floor to ceiling height of a concreting work exceeds nine metres or where the formwork deck used in such concreting work is supported by shores constructed in tow or more tiers, or where the dead, live and impact loads on the formwork used in such concreting work exceed seven hundr ed kilogram per squa re metr e, the struct ure of such formwor k is designed by a professional engineer in the relevant field and the specifications and drawings of such formwork are kept at such construction site and produced on demand before the inspector having jurisdiction; d)where the structure of the formwor k used in concreting work is designed by a professional engineer, such engineer shall be r esponsible for the supervision of construction and stabilit y of such structure. 1 0 6 . Str ipping:-The employer shall ensure at a construction site of a building or other constr uction work that - a)Stripping of formwork used in concreting work commence until the concrete on such formwork is fully set, examined and certified to this effect by the resp onsible person and record of such examination and certification is maintained; b)Stripped forms in concreting work are removed or stock-pilled promptly after stripping from all areas in which building wor kers ar e requir ed to work or pass; c)Protruding nails, wire ties and other formwork accessories not required for subsequent concreting work are pulled; cut or otherwise made safe. 1 0 7 . Re-shoring:- The employer sha ll ensu re at a constr uction site of a building or other construction work that - a)reshoring used in concreting work is provided to a sla b or beam for its safe suppor t after its stripping or where such sla b or beam is subjected to superimposed loads due to construction above such slab or beam; b)the provisions applicable to shoring in a concreting wor k under this chapter shall also be applicable to reshoring in such work. - 36 - Ex-134/2016 CHAPTER – XII DEMOLITION 108. Preparation:- The employer sha ll ensure at a constr uction site of a building or other construction work that a ll glass or similar ma terial or article in exterior openings are removed before commencing any demolition wor k and all water, steam electr ic, gas and other similar supply lines are put off and suit ably ca pped and the concerned department of the appropriate government or local authorit y is informed and permission obtained wherever required before commencing such demolition work and wherever it is necessary to maint ain water, gas or electric line or power during such demolition, such line shall be so located or protected with substantial coverings so as to protect it from da mage and to afford safet y to the building workers and the general public. 109. Protection of adjacent structures: - The employer responsible for a demolit ion work at a cons truction site of a building or other construction work shall during demolit ion process of such demolition work, examine the walls of all structures adjacent to the st ructure to be demolished to determine the thickness, method of suppor t to such adjacent str uctures and in case, such employer has reason to believe tha t any of such adjacent struct ure is unsafe or may become unsafe during such demolition process, he sha ll not perform demolition activity affecting such unsafe adjacent structure unless and until remedial measures like sheet piling, shoring, bracing or similar other means so a s to ensu re safely and stabilit y to su ch unsa fe adjacent str ucture from collapsing are ta ken. 110. Demolition of walls, partitions, etc:-The employer shall ensure at a construction site of a building or other constr uction work that:- a)any demolition of walls or partition is proceeded in a systematic manner a s per the standard safe operating pra ctices and all work above each tier of any floor beams is completed before the safety of the support of such beam is impaired; b)masonry is neither loosened nor permitted to fall in such masses or volume or weight a s to endanger the struct ural sta bility of any floor or structural support; c)no wall, chimney or other structure or pa rt of a struct ure is left unguarded in such a condition that it may fall collapse or wea ken due to wind pressure or vibration; d)in t he case of demolition of exterior walls by hand, safe footing is provided for the building workers employed for such demolit ion, in the for m of sound flooring or scaffolds; e)walls of par titions which are to be demolished by hand a re not left sta nding more than one stor ey high above the uppermost floor on which persons working. 111. Method of operation:- The employer shall ensure at a construction site of a building or other cons truction work that debr is, bricks and other materials or articles a re removed - (i)by means of chutes; (ii) by means of buckets or hoist (iii) through openings in the floors; or (iv) by any other safe means. 112 . Access to floor:- The employer shall ensur e at a construction site of a building or other construction work that sa fe access to a nd egress from every building is provided at all times in the course of demolition of such building by mea ns of entrances, hallways, sta irway or ladder runs which are sop protected as to safeguard t he building wor kers using such means from fa lling ma terial or articles. 113 . Demolition of structural steel:- The employer sha ll ensure at a constr uction site of a building or other cons truction work that:- - 37 -Ex-134/2016 a)all steel st ructures are demolished column by column and tier by tier a nd ever y struct ural member which is being demolished is not under any stress and such str uctural member is suitably lashed to prevent it from any uncontrolled swinging or dropping or falling; b)large structural members a re not thrown or dropped from the building but are carefully lowered by adopting suitable safe method; c)wher e a lifting appliance like a derrick is used for demolition, the floor on which such lifting appliance r ests is completely pla nked over or supported and such floor is of adequa te strength to sustain bearing load for such lifting a ppliance and its operation. 114. Storage of materials or other article:- The employer shall ensure at a construction site of a building or other constr uction work that:- a)all materia ls or a rticles are not stored or kept on platform, floor or stairways of a building being demolished: Provided tha t this clause shall not apply to the floor of a building when such floor is of such strength as to support sa fely the load to be superimposed by storing such materials or a rticles ; b)an access to any stairway or passageway is not affected or blocked by storing any material or ar tic le; c)suitable barricades are provided so as to prevent materials or articles from sliding or rebounding into any space used by the building workers. 115 . Floor openings:- The employer shall ensur e at a construction site of a building or other construction wor k that every opening used for the removal of debris from every floor which is not closed to access, except the top or working floor is provided with an enclosure from such floor to its ceiling, or such opening is so barrica ded tha t no building worker has access to within a horizontal dist ance of six metr es from such opening through which debris is being dropped. 116 . Inspection:- The employer shall ensur e at a construction s ite of a building or other construction work that a person responsible for demolit ion wor k makes continuous inspections during demolition process of such demolition work so as to detect a ny haza rd resulting fr om weakened or deterior ated floors or walls or loosened materials or articles during such demolition process and that no building worker is permitted to work wher e such hazard exist unless remedial measures like shoring or bra cing are taken to prevent such haza rds. 117 . Warning signs, barricades, etc:- The employer shall ensure at a construction site of a building or other construction work that:- a)barr icades a nd warning signs are erected along every side throughout the length and breadth of a building or other construction work to be demolis hed to prevent unauthorized persons from entering into the site of such building or other constr uction work dur ing demolition operations; b)during the demolition of a n exterior masonry wall or a r oof from a point more than twelve metr es above the adjoining ground level of such wall or roof, if persons below such wall or roof are exposed to falling objects, suitable and safe catch platforms shall be provided and maintained at a level not mor e than six metres below the working level except where an exterior built-up scaffold is provided for safe and adequate pr otection of such persons; c)suit able and standa rd warning signs in accordance with national standar ds are displayed or erected at conspicuous pla ces or position at the workplace. 118. Mechanical method of demolition:- The employer shall ensure at a construction site of a building or other construction work that the following requirements are fulfilled in case the mechanical method of demolition like use of swinging weight, clamshell, bucket, power shovel, bulldozer or other similar mechanical methods are used for the purpose of demolition, namely:- - 38 - Ex-134/2016 Method of demolition like use of swinging weight, cla mshell, bucket, power shovel, bulldozer or other similar mechanical methods are used for the purpose of demolition, namely:- a)that the bu ilding or structure or remaining por tion thereof shall be not mor e than twenty four metres in height; b)that where a swinging weight is used for demolition, a zone of such demolition having a ra dius of a t least one and a half times the height of the structure of por tion thereof being so demolished shall be ma intained around the points of impact of such swinging weight; c)wher e a cla mshell bucket is being used for demolition, a zone of demolition shall be mainta ined within eight metres of the line of travel of such bucket; d)that where other mechanical methods are being used to affect total or pa rtial collapse of a building or other construction work, there shall be maintained, in the area into which the affected portion of such building or other constr uction work may fall, a zone of demolition a t least one and a half times the height of such affected portion t hereof; and e)no person other tha n building wor kers or other persons essential to the oper ation of demolition work shall be permitted to enter a zone of demolition referred to in clause (a) which shall be provided with substantial barrica des. CHAPTER – XIII EXCAVATION AND TUNNELING WORKS 119. Notification of intention to carry out excavation and tunneling work:- (1) Every employer carr ying out any excavation or tunneling work a t a construction site of a building or other construct ion wor k shall, within thirty days, prior to the commencement of such excavation or tunneling work, inform in writing the detailed layout plans, method of cons truction and schedule of such excavation or tunneling work to the Labour Commissioner. (2) In case compressed air is used in such excavation or tunneling work or any work incidenta l to or r equired for such excavation or tunneling work, the technica l details and drawings of all man locks and medical locks together with na mes and addresses of all construction medical officers having qualifications is laid down in S chedule XI annexed to these rules a nd so a ppointed by such employer for the purpose of such excavations or tunneling work shall be sent to the Labour Commissioner. 129. Pr oject Engineer :- (1) Every employer undertaking any excavation or t unneling work shall a ppoint a project engineer for safe opera tion of such projects of such excavations or tunneling work for which such engineer is appointed. (2) Such project engineer shall exercise overall cont rol of the operations and the activities at such project and be resp onsible for ca rrying out the activities safely. 121. Responsible Person:- (1) Every employer undertaking any exca vation or tunneling work at a construct ion sit e of a building or other construction work sha ll appoint a responsible person for safe operation for such excavation or tunneling work. (2) Duties and responsibilities of the responsible person r eferred to in s ub-clause (1) p erson shall include:- (a ) to carry out smoothly such exca vation or tunneling work; (b) to inspect and rectify any hazardous sit uation relating to such excavation or tunneling wor k; (c ) to take remedial measures to avoid any unsafe practice or conditions relating to such exca vation or tunneling work. - 39 -Ex-134/2016 (3) The name and address of the responsible person r eferred to in sub-cla use (1) shall be forwarded to the Labour Commissioner. 1 2 2 . Wa rning signs a nd not ices:- T he employer sha ll ensur e at a constr uct ion site of a building or other construction work that:- 1)suit able warning signs or notices, required for the safety of building workers carrying out the work of an excavation or tunneling shall be displayed or erected at conspicuous pla ce in Hindi and in a language understood by the majority of s uch building workers at such excavation or tunneling work; 2)such warnings sign and notices with regard to compressed air working sha ll include:- (a ) the danger involved in such compress ed air work; (b) fire and explosion haza rds; (c ) the emergency procedure, for rescue from such danger or haza rds. 123. Register of employment, etc:- (1) Every employer sha ll ensure that a cons truction site of a building or other constr uction work wher e an excavation or tunneling work is being carried on, a r egister of employment of building workers carrying out such excavation or tunneling work, is maintained and produced on demand to the inspector ha ving jurisdict ion; (2) Periods of work of such excavation or tunneling work, in which such building workers are employed, shall be maintained in a register on day to day basis and such register shall be produced on demand to the Inspector ha ving jurisdiction. 124. Illumination:- (1) The employer shall ensure at a construction site of a building or other construction work that all workplaces where excavation or tunneling works are ca rried out shall be adequately illuminated in a ccordance with the relevant national standa rds. (2) Every employer car rying ou t excavation or tunneling works at a construction site of a building or other construct ion work shall provide for emergency genera tors on such construct ion sit e to ensu re adequate illumination at all workplaces where such excavation or tunneling work is being carried out, in case of power failure. 1 2 5 . Stability of str ucture:-T he employer shall ens ur e at a constr uction s it e of a building or other cons truction work that:- (a ) where there is any doubt a s to the stability of any str ucture adjoining the work pla ce or other areas to be excavated or where tunneling work is to be carried out, the project engineer referred to in rule 120 ar ranges for measures like underpinning, sheet pilling, shoring, bra cing or other similar means to suppor t such structur e and to prevent inju ry to any building worker working adjacent to such structure or damage to property or equipment adjacent to such structure; (b) wher e any building worker engaged in exca vation is exposed to ha zard of falling or sliding material or article from a ny bank or side of such exca vation which is more t han one and a half metr e above his footing, such worker is protected by adequate piling and br acing against such bank or side; (c ) the excavation and its vicinity are checked by a responsible person referred to in rule (121) after every rain, storm or other occurr ences ca rrying hazards and in case a hazard is noticed at such checking, a dequate protection aga inst slides and cave-in to prevent such hazar d is provided; (d) temporary sheet piling ins talled for the construction of a reta ining wa ll after excavation is not removed except on the advice of the responsible person referred to in rule (121) after an inspection carried out by such r esponsible person; - 40 - Ex-134/2016 ( e) where banks of a n excavation are undercut, adequate shoring is provided to support the material or ar ticle overhanging such b ank; (f) exca vated material is not stored at least zero point six five metres from the edge of an open exca vation or trench and the banks of such excava tion or trench are stripped of loose rocks and other materials which may slide, roll or fall upon a building worker working below such bank; (g) adequate and suitable warning signs are put up at conspicuous places at the excavation work to avoid person fa lling into the excavation or trenches; (h) the responsible person referred in rule (121), ensures at the excava tion wor k that no building worker is permitted to wor k where such building worker may be struck or endangered by the exca vation machiner y or material or article used in such excavation. 1 2 6 . Filling, shoring and bracing:- The employer shall ensur e at a construction site of a building or other construction work that:- ( a ) plank used for sheet piling in excavation or tunneling work is of sound material with adequate str ength; (b) shor es and braces used in excava tion or tunneling wor k are of adequate dimensions and ar e so pla ce at to be effective for their intended purposes; (c ) earth supported shores or braces used in excavation or tunneling work bear against a footing of s ufficient area and sta bility to prevent the shifting of such shores or bra ces. 1 2 7 . Safe access:- The employer shall ensur e at a construction site of a building or other construction work that ladders, stair cases or ramps are provided, as the case may be for safe access to and egress from excavation where the depth of such excavation exceeds one point five metr es and such ladders, stair cases or ra mps comply with the relevant national standa rds. 128. Trenches:- The employer shall ensure at a construct ion sit e of a building or other construction work that a trench or excavation is pr otected against falling of a person by suit able measures if the depth of such t rench or excavation exceeds one and a ha lf metres and such protection is an improved protection in accor dance with the design and dra wing of a professional engineer,where such depth exceeds four metres. 129. Depth of trenches:- The employer shall ensure at a construction site of a building or other cons truction work that:- a)where the depth of a trench requires two lengths of sheet piling, one above the other, the lower pilling is set inside the bottom strings or walls of the upper piling and such sheet piling is dr iven down and br aced as the excavation continues; b)all metal sheet piles used in excavation or trench are welded end to end and secur ed by other similar means. 130. Positioning and use of machiner y:- The employer shall ensure at a construction site of a building or other construction work that any machinery used in excavation and tunnelling wor k is positioned and operated in such a way tha t such machinery does not endanger the opera tor of such machinery or any other person in the vicinity. 131. Breathing apparatus:- The employer shall ensure at a construction site of a building or other cons truction work that:- a)suitable br eathing appara tus is provided to a b uilding worker while working in compressed air environment for his use at excavation or tunnelling work; and b)such breathing apparatus is maintained in good working condition at all times. 1 3 2 . Sa fet y measur es for tunnelling opera tion:- The employer shall ensure at a construction site of a building or other cons truction work that:- - 41 -Ex-134/2016 a)wher e there is a da nger of falling or sliding of materia l from the roof face or wall of a tunnel, adequate measures such as shoring, supporting by means of rocks bolt s, segments or steel sets are taken for the safety of building workers; b)the excavated areas are made safe by use of suitably designed and installed steel sets, rock bolt s or similar other safe means; c)the responsible per son referred to in rule (121) examines and inspects the wor kplaces in a tunnel befor e the commencement of work in such tunnel, and at regular thereafter, to ensure safety of the building workers in such tunnel; d)the portal areas of a tunnel with loose , soil or rock, likely to ca use inju ry to a person are adequately protected with supports. 1 3 3 . Pneumatic tools:- The employer sha ll ensure at a construction site of a building or other construction work that supply lines to pneumatic tools used within a tunnel are fitted with water trap of safety cha in or sa fety wir e, as the ca se may be. 134. Shafts:- The employer shall ensur e at a construction site of building or other cons truction work that- a)surr oundings of a shaft used in excavation or tunnel work are p rotected from being washed away by construction of sufficient height; b)where a building worker is required to enter a shaft a t an excavation or tunneling work, safe means of access is provided for such entry; c)ever y shaft at excavation or tunnelling work is provided with a steel casing, concr ete piping, timber shoring or other materials of adequate strength for the safety of building workers working in such shaft; d)such casing and bracing are provided to a shaft at an excava tion or tunnelling work upto the dept h of such shaft at an excavation or tunnelling work according to the appropriate design for such casing and bracing; e)a reinforced concr ete raft and beam is provided around the opening of a shaft at an excava tion or tunnelling work if the ground surrounding such opening is unstable or unsafe. 135. Lift for shaft:-The employer shall ensure at a construction site of building or other construction work that lift is p rovided for tr ansport of building workers a nd materials or articles at an excava tion or tunnelling work required to descend more tha n fifty metres in a shaft. 1 3 6 . Means of communication:- The employer shall ensur e at a construction site of a building or other cons truction work that:- a)reliable and effective means of communication such as telephone or walkie-t alkie a re provided and are maintained in working order for a rranging better and effective communication a t an exca vation of tunnelling work at the following location, namely:- (i) working chamber at the fact of an excavation; (ii) intervals of hundred metres along the tunnel; (iii) working cha mber side of a man lock near the door of such man lock; (iv) interior of each cha mber of a man lock; (v) loca tion conspicuous a lock attendant’s station; (vi) a compressor plant; (vii) a first-aid station; and (viii) outside the portal or the top of a shaft. b)such number of bells and whistles are made available at all times at the locations referred to in sub-clause (i) to sub-clause (viii) of clause (a) as are necessary for the safety of persons at such locations. - 42 - Ex-134/2016 1 3 7 . Signals:- The employer shall ensure at a construct ion site of a building or other construction work that the standard audio or video signals are used in excavation or tunnelling work and are conspicuously loca ted or displayed near entrance to the workplace a nd in such other loca tions a s may be necessary to bring such signa ls to notices of all building workers employed in such excavation or tunnelling work. 1 3 8 . Clearance:- The employer sha ll ensure at a constr uction site of a building or other construction work that:- a)the minimum latera l clear ance of half a metre is maintained between any par t of a vehicle and any fixture or any equipment used in an excavation or tunnelling work after allowing the throw or swing of such fixture or equipment; b)the overhead cleara nce for a locomotive drive at excava tion or tunnelling work is not less than one point one zero metres above the seat of such driver and not less than two metres above the platform where such driver stands or of a ny of a ny other dimension in accordance with the relevant national standard. 139. Shelters:- The employer shall ensure at a construct ion sit e of a building or other construction work that the adequate number of shelters for the sa feguard of the building workers are provided where, in the course of working, they are liable to be struck by a moving vehicle or other material handling equipment in a tunnel. 140. Use of internal combustion engine:- The employer shall ensure at a construction site of a building or other construction work that no internal combustion engine is used underground in excavation or tunnelling work unless such engine is so constr ucted that:- a)the air entering the engine gets cleaned before entry; and b)no fumes or sparks are emitted by the engine. 1 4 1 . Inflammable oils :- The employer shall ensure at a construction site of a building or other construction work that inflammable oils with the flash point b elow the working temperature that is likely to be encountered in a tunnel a re not used in excavation or tunnelling work. 1 4 2 . Coupling and hoses :- The employer shall hydraulic ensure at a construction site of a building or other construction work that only high pr essure hoses a nd couplings ar e used on hydra ulic plants underground and such hoses and couplings are adequately protected against any possible damage in exca vation or tunnelling work. 1 4 3 . Hose installation:- The employer shall ensure at a construction site of a building or other construction work that a ll hydr aulic lines and plants working at a tempera ture exceeding seventy degree centigrade are protected by a dequate insula tion or otherwise aga inst accidenta l human contact in excavation or tunnelling work. 144. Fire resistant hoses :- The employer shall ensure at a construction site of a building or other cons truction work that no fire hydraulic hoses other than fire resistant hydraulic hoses ar e used when hydraulically activated machiner y and equipment is employed in tunnels. 1 4 5 . Flame proof equipment :- The employer shall ensur e at a construction site of a building or other construction work that only flame proof equipment of appropriate type as per relevant national standards is used where there is a danger of flammable or exp losive atmosphere being prevalent inside the tunnel. - 43 -Ex-134/2016 1 4 6 . Stor ing of oil and fuel underground :- The employer shall ensure at a construction site of a building or other construction work tha t :- a)all oils, gr eases or fuels stored underground in excavation or tunnelling work are kept in tightly sealed cont ainers and in fire resistant areas a t safe distances away from explosive and other flammable chemicals; b)appropriate flame proof installation is used in such storage areas as specified in clause(a). 147.Use of gases underground:- T he employer sha ll ensure at a construction site of a building or other construction work tha t :- a)petr ol or liquefied petroleum gas or any other flammable substances a re not used, stored inside the tunnel except with the prior approval of the project engineer under rule 120; b)after the use of the petroleum or liquefied petroleum gas, or highly inflammable substa nces referred to in clause(a), all remaining petroleum or liquefied petroleum gas or highly inflammable substances are removed immediately from such tunnel; c)no oxy-acetelene gas is used in a compress ed a ir environment in exca vation or tunnelling work. 148.Water for fire fighting:-The employer shall ensure at a construction site of a building or other construction work tha t :- a)adequate number of water outlets are provided on excavation or tunnelling work and are readily made accessible throughout the tunnel for fire-fighting purposes and such water outlets are maintained for effective fir e-fight ing; b)all air locks are equipped with fire-fighting facilities at exca vation or tunnelling work; c)an audible fire ala rm is p rovided to warn the building workers whenever a breaks out on an exca vation or tunnelling work; d)adequate number and types of fire extinguishers, in accordance with relevant national standards, are provided and made readily a vailable to fight any outbr eak of fir e at an excava tion of tunnelling work; e)fire extinguishers with vapourising liquids and high pressur e carbon dioxide are not used in tunnels or other confined spa ces; f)the instructions r egarding steps to be followed to fight outbreak of fire, a t an excavation or tunnelling work, written in Hindi or local language understood by the majority of t he building workers employed on such excavation or tunnelling work, are displayed at cons picuous and vulnerable places of such excavation or tunnelling work. 149.Flooding:-The employer shall ensure at a construction site of a building or other constr uction work that – a)watertight bulkhead doors are installed at the entrance of a tunnel to prevent flooding during a tunnelling work where more than one tunnel is driven fr om a shaft; b)all necessa ry measures ar e taken to ensure that no building worker is trapped in a ny isolated section of a tunnel when any bulkhead door of such tunnel is closed; c)wher e there is likelihood of flooding or water rushing into a tunnel during a tunnelling work, ar rangements ar e made for immediate star ting of water pumps to take out water of such flooding or water r ushing and for giving alert signals to the building workers and other persons to keep them away from danger. 150.Steel Curtains:- The employer sha ll ensure at a constr uction site of a building or other construction work that air tight steel curtains are provided in areas liable to flooding at tunnelling work and in case of descending tunnels such curtains are provided in the top half of such tunnels to ensure the retention of pockets of air for rescue purpose. - 44 - Ex-134/2016 151.Rest shelters:- T he employer shall ensure at a constr uction site of a building or other construction work that :- a)where building workers employed in a compressed air environment in a tunnelling work are required to remain at the work sit e for one hour or more after de-compression from pressure exceeding one bar, adequate and suitable facilities are provided for such building workers to rest; b)every man-lock, medical-lock and any ot her facilit y inside these locks at an excava tion a tunnelling work is maintained in a clean state and in good repa irs; c)a first-aid room is provided and is readily available at a construction site of a tunnelling work; d)each man-lock attendant station is provided with a first aid box at a cons truction site of a tunneling work. 1 5 2 . Permissible limit of exposur e of chemicals:- T he employer shall ensure at a construction site of a building or other construction work tha t :- a)the working environment in a tunnel or a shaft in which building workers are employed does not contain any of the hazardous substa nce in concentration beyond the permissible limits as laid down in the Schedule XII annexed to these rules; b)the responsible person refer red to in rule 121 conducts necessary test before the commencement of a tunnelling work for the day and at suitable intervals as fixed by the Director Genera l to ensu re that the permissible limits of exposure are not exceeded and a record of such test is maintained and is made available for inspection to the Inspector having jurisdiction, on demand. 1 5 3 . Ventilation:- The employer shall ensur e at a construction site of a building or other construction work that a ll working areas in a free air tunnel are provided with ventilation sys tem as approved by the Director Gener al and the fresh air supplied in such tunnel is not less than six cubic metre per minute for each building worker employed underground in such tunnel and the free air-flow movement inside such tunnel is not less than nine metres per minute. 154. Air supply intake point:- The employer shall ensur e at a construction site of a building or other cons truction work that the air intake point for all air compr essors are located at places where such intake air does not get contaminated with dust, fumes, vapour and exhaust gases or other contaminants. 1 5 5 . Emergency generator s:- The employer shall ensur e at a construction site of a building or other construction work tha t :- a)ever y compressed air system in a tunnel is provided with emergency power supply system for maintaining continued supply of compressed air in such compressed air system and is capable of operating air compressor and a ncillar y systems of such compressed air system; b)the emergency power supply system is maintained and is r eadily a vailable at all time a t an exca vation or tunnelling work. 1 5 6 . Air mains:- The employer shall ensure at a construct ion site of a building or other construction work tha t every air main supplying air to the wor king chamber, man-lock or medical lock used at an exca vation or tunnelling work is protected aga inst accidental damage and where it is not practicable to provide such protection, a stand-by air main is provided. 1 5 7 . Bulk head and air-locks:- The employer shall ensur e at a construction site of a building or other cons truction work that – a)a bulk head or air tight diaphra gms retaining compressed air, when used within a tunnel or a shaft, is constructed to withstand the maximum pressure at one point two five times the maximum working pressure of such bulk head or dia phragm and such bulk head or diaphragm is tested before its each use by a responsible person referred to in rule 121 to ensure that such bulk head or diaphragm is in pr oper wor king or der; - 45 -Ex-134/2016 b)such r esponsible person keeps the recor d of each test referred to in cla use (a) and such record is pr oduced for inspection to the inspector having jurisdiction on dema nd ; c)the bulk head or diaphragm referred to in clause (a) are made of sound material of adequate strength and are a ble to withsta nd to maximum pressur e on which they are subjected to at any time of their use ; d)a bulk head anchor age and air lock is tested at its work place at an excava tion or tunnelling work immediately after their installation at such place. 158. Diaphragms:- The employer shall ensur e at a construction site of a building or other construction work that a ll diaphragms which a re in t he form of horizontal decks a cross a shaft used at excava tion or tunnelling work a s securely anchored. 1 5 9 . Porta ble electrical hand tools:- The employer shall ensure at a construction site of a building or other construction work that all portable electrical hand tools and inspection lamps used undergr ound or in a confined space at a n excavation or tunnelling work are operated at a voltage not exceeding twenty-four volts. 1 6 0 . Circuit breaker:- The employer shall ensur e at a construction s ite of a building or other construction work that:- a)adequate numbers of differ ential ground fault cir cuit br eakers are installed for ever y electr ical distribution system and its sub-systems u sed at an excavation or tunnelling wor k and the sensitivity of each of cir cuit br eaker is adjusted in accordance with the requirement set out in accordance with the relevant nationa l standa rds; b)no s emi-enclosed fuse unit is used in u nderground at a n excavation or tunnelling work. 161. Transformer:- The employer shall ensur e at a construction s ite of a building or other construction work that no transformer is used in any section of a tunnel under compressed air unless such transformer is of the dry type a nd conforms to the relevant national standa rds. 1 6 2 . Live wires:- The employer shall ensur e at a construction s ite of a building or other construction work that there is no exposed live wire in working areas at an excavation or tunnelling work which are accessible to building workers other than those authorised to work on such live lines. 1 6 3 . Welding sets:- The employer shall ensur e at a construction site of a building or other construction work that a ll welding sets used in a tunnel are of adequate capacity and of suitable type approved by Director General. 1 6 4 . Quality and quantit y of air:- The employer shall ensur e at a cons truct ion site of a building or other constr uction work tha t :- a)ever y working chamber at an excava tion or tunnelling work where compress ed air is used, the supply of such air is maint ained not less than zero point three cubic metres per minute per person working therein; b)a reserve supply of compr essed a ir is made ava ilable at all times for man-locks a nd medical- locks used at a tunnelling work. c)the air supplied in a compressed air environment at a tunnelling work is as far as practicable free from odour and other contaminants, namely, dust, fumes a nd other toxic substances. 165. Working temperature:- The employer shall ensure at a construction site of a building or other cons truction work that the tempera ture in any working chamber a t an excavation or tunnelling work where building wor kers are employed does not exceed twenty nine degree centigrade a nd that the - 46 - Ex-134/2016 arra ngement is maintained for keeping records in which the temperatures measured by dry bulb and wet bulb inside such working chamber once in ever y hour and to produce such records for inspection on demand to the Inspector having jurisdiction. 166. Ma n-locks and working in compressed air envir onment:- The employer shall ensure at a cons truction site of a building or other constr uction work that – a)man-locks used at a tunnelling work are of adequate str ength, made of sound material and design to withstand any air pressure, internal or external, to which it may be subject ed to in the normal use or in an emergency; b)(i) door s of ma n-locks at an excavation or tunnelling work are made of steel; (ii) man-locks used at a tunnelling wor k are a irtight and devices ar e provided for sealing the door s when such locks ar e under press ure; (iii) the anchora ge of a man-lock used at tunnelling work have adequate str ength to withstand the pressur e exerted by air on the man-lock; (iv) there is adequate room available for the building worker for working in the man-lock used at tunnelling work; (v) where work is carried out on in compressed air tunnel, a man-lock in accordance with the relevant national sta ndards is used for such tunnel; c)(i) where a man-lock is used at tunnelling work, sa fety instructions in Hindi a nd in local language understood by majority of building workers employed therein a re displaced at conspicuous place at such tunnelling work; (ii) except in an emergency, compression and decompression operations are ca rried out in man-lock used at tunnelling work; (iii) in a n emergency any materia l lock may be used at t unnelling work for compression and de-compression of building worker and a r ecord is kept in writing and produced for inspection on demand to the Inspection having jurisdict ion; (iv) material lock is used with the permission of Labour Commissioner for compression and decompression of building workers, where it is impracticable to ins tall both the man-lock and the material lock at a tunnelling work; (v) decompression of all building workers to a tmospheric condition at tunnelling work is carr ied-out in accordance with a de-compression procedure appr oved by the La bour Commissioner; (vi) the man-lock at the tunnelling work is not used for any purpose other than compression or decompression of building workers; (vii) no decanting of building workers a t tunnelling work is carried out without prior appr oval of Labour Commissioner, except in a n emergency; (viii) in case a building worker collapses or is taken ill during his decompression in a man lock used at tunneling work, the lock attendant of such man-lock r aises the press ure in such man-lock until such pressure is equal to the maximum pressure which that building worker was exposed to in the working chamber prior to such decompression and such lock attendant immediately repor ts the matter r elating to such colla pse to the medical lock attendant and medical officer on duty at such tunnelling work; (ix) a building worker who had previously received tr aining with a trained building worker to work in a compressed air environment at tunnelling work is employed to work independently in such a compressed air environment; (x) a building worker who had undergone three de-compressions from a pressure exceeding one bar in a period of eight hours at tunnelling work is not allowed to enter a compressed air environment except for the pur pose of carrying out r escue work; (xi) a building worker employed in a compressed air environment for a period of eight hours in a day at tunnelling work is not employed again in such environment unless he has spent not less than twelve consecutive hours of rest at atmospheric press ure; - 47 -Ex-134/2016 (xii) no building worker is engaged in a compressed air environment at a pressure which exceeds three ba rs at tunnelling work unless prior permission, in writing, has been obta ined fr om the Labour Commissioner for such engagement. (xiii) no building worker is employed in a compressed air environment for more than four teen cons ecutive days in a month at tunnelling work; (xiv) a register of employment of all building workers employed in compressed air environment at tunnelling work is maintained; (xv) an identification badge is supplied to a building worker employed in compressed air environment at tunnelling work; (xvi) the badge of a building worker referred to in sub-clause (xv) contains particulars of his name, location of the medical lock allot ted to him for work, the telephone number of the Construction Medical Officer concerned for his treatment and the instructions in case of his illness of u nknown and doubtful causes; (xvii) ever y building worker whose name appears in the register referred to in sub-clause(xvi) wear s the badge supplied to him under sub-clause (xv) a t all times during his duty hours at tunnelling work; (xvii)(a) record of all identification badges s upplied to building workers under sub-clause(xvi) is kept in a regis ter; (xviii) suitable warning s igns ar e displayed, in the compress ed air environment at tunnelling work, for the prohibition of following namely :- a)use of alcoholic drinks; b)use and carr ying of lighters, matches or other sources of ignition; c)smoking; and d)an entry to person who has consumed alcoholic drinks. 167. Safety instructions:-The employer shall ensure at a construction site of a building or other cons truction work that all building workers employed in compressed air environment at tunnelling work follow the instructions issued for their safety in the course of such employment. 1 6 8 . Medical lock:- The employer shall ensur e at a construction s ite of a building or other construction work that :- a)a suitably constructed medical lock is maintained at tunnelling work where building wor kers are employed in a working chamber at a pressure exceeding one bar; b)where more than one hundr ed building workers a re employed in a compressed air wor king environment exceeding one bar at tunnelling work, one medica l lock is provided for every one hundred building workers or part thereof and such medical lock is situated as near as possible to t he man-lock used at such tunnelling work. CHAPTER - XIVCONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF.169. Work on steep roofs:- The employer shall ensure at a construction site of a building or other cons truction work that all pract icable measures are pr ovided to protect the building workers aga inst sliding when carrying out work on steep roofs. 1 7 0 . Construction and installation of roofing brackets:- T he employer shall ensur e at a construction site of a building or other constr uction work tha t :- a)roofing bra ckets a re cons tructed to fit the pit ch of steep roof and such br ackets are used to provide level working platform; - 48 - Ex-134/2016 b)a roofing bracket referred to in clause (a) is secured in its place by nailing pointed metal projections attached to the under side of such b racket and securely driven into a steep roof on which it is used or secur ed by a rope passed over the ridge pole and tie of such r oof. 1 7 1 . Crawling boar ds:- The employer shall ensur e at a construction site of a building or other construction work tha t :- a)all crawling boards used for work on steep roofs are of adequa te strength, ma de of s ound material and of the type approved for the purpose of their use as per relevant national standards; b)crawling board referred to in cla use(a) are kept in good repairs and inspected by a responsible person before being taken into use; c)crawling board referred to in cla use(a) is secur ed to a steep roof on which it is used by ridge hooks or other effective means; d)a firmly fa stened lifeline of adequate st rength is strung beside each crawling board referred to in clause(a) throughout its length while using such crawling boa rds. CHAPTER-XVLADDERS AND STEP LADDERS172. Construction and safe use:- T he employer shall ens ure a t a constr uction site of a building or other constr uction work tha t :- a)every ladder and step-ladder used in building or other construction work is of good construction, made of sound material and of adequate strength for the purpose for which such ladder or step-ladder is used; b)when a ladder is used as a means of communication, such ladder is la shed to a fixed structure so t hat while working on such ladder it does not slip; c)a la dder or step-ladder does not stand on loose bricks or other loose packing and has a level and firm footing; d)where it is requir ed, in case of use of fixed ladders, sufficient foot-hold and ha nd-hold are provided for use by the building wor ker; e)every ladder is – (i) secured so a s to prevent undue swaying: (ii) equa lly and properly suppor ter on each of its upright; (iii) so used as not to cause undue sagging; and (iv) placed as nearly as possible at an inclina tion of four in one; (v) the use of all ladders and step-ladders conform to the relevant national standards for their use. 173. Rungs:- The employer shall ensure at a construct ion site of a building or other construction work that no ladder is used which has a missing or defective rung or a rung which depends for its support solely on na ils, spikes or other similar fix ing. 174. Materials for ladders:- The employer shall ensure at a construction site of a building or other cons truction work that all wooden ladders used in building wor k :- a)are constructed upright of adequate str ength and are made of straight-grained wood, free from defects and having the grain of such wood running lengthwise; b)have rung made of straight -grained wood free from defects and mortised or securely notched in t o the upright; and c)have reinforcing metal ties, if the tenons of such la dders a re not secured by wedges. - 49 -Ex-134/2016 CHAP TER - XVICATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS175. Catch platform:- The employer shall ensur e at a construction site of a building or other construction work that :- a)catch platform is not used for storage of materia l or as a working platform; b)catch platform is a t least two metres wide and is inclined so t hat the position of ou ter edge of such platform is fifteen hundred millimetres higher than the inner edge; c) the open a nd of catch pla tform is properly fenced to the height not less tha n one metre. 1 7 6 . Hoa rdings:- The employer shall ensur e at a construction site of a building or other construction work that hoardings are constructed when the Labour Commissioner consider it necessary for protection of building workers and directs such employer to constr uct such hoardings. 1 7 7 . Chutes, its constr uction and use:- The employer shall ensur e at a constr uction site of a building or other construction work tha t :- a)wooden or metal chutes which are at an angle of more than for ty five degrees to the horizontal and used for the removal of materials ar e closed on all sides except at their openings used for receiving or discharging of materials or articles; b)all openings of chu tes except their top openings are closed when not in use; c)ever y chut e :- (i) is constructed of sound material, adequa te strength and is suit able for the purpose it is intended for use; (ii) exceeding twelve metres in height is cons tructed in accor dance with the design and drawings of a professional engineer for such construction and approval of the Labour Commissioner; d)a suitable warning notice is displayed a t conspicuous location, written in Hindi and in a local language, at the discharge end of every chute; e)ever y chute is cleared when debris has a ccumula ted to a height which can pose danger to building worker but such clearance is done in no case less fr equently than once a day. 1 7 8 . Safety belt a nd its u se:- The employer shall ensur e at a construction site of a building or other construction work tha t :- a)safety belt, lifeline, and device, for the attachment of such lifeline, conform to the relevant national standards; b)ever y building wor ker is supplied with safety belt and safety lifelines for his protection and such building workers use, such belts and lifelines during the perfor mance of his work; c)all building workers using safety belt, and safety lifelines have the knowledge of safe use and maintenance of such belts and lifelines and ar e supplied wit h necessary instructions; d)the responsible per son for supervising the use of safety belts a nd safety lifelines referred to in cla u se (b)inspects and ensu res that such safety belts and lifelines a re fit for use befor e taken into use at ever y t ime. 179. Safety net and its use:- The employer shall ensur e at a construction site of a building or other construction work tha t :- a)ever y safet y net is of adequate strength, made of sound material and is suitable for use and conforms to the relevant national standa rds; b)the responsible person for maintenance of safety nets a nd their use and ensu res safe fixing of such safety nets a nd provides such safety nets with suitable and sufficient anchor age so that the purpose for which such safety net is intended for use, is served. - 50 - Ex-134/2016 1 8 0 . St or a ge of safety belts and nets et c:- T he employer sha ll ensure at a constr uct ion s ite of a building or other construction work that proper arra ngement is made for the safe storage of sa fety belts, safety lifelines and safet y nets when they are not in use and are protected against mechanical dama ge, damages from chemicals and damages from biological agents. CHAPTER - XVIISTRUCTURAL FRAME AND FORM WORK1 8 1 . General provision:-The employer shall ensure at a construction site of a building or other construction work that :- a)the trained building worker under the dir ect supervision of a person, responsible for struct ural frame and form work, are employed for erection of such structural frame or form work, dismantling of building and structure and perfor mance of an engineering work, form work, false work and shorting work; b)adequate measures a re taken to guard aga inst hazards ar ising from any tempora ry state of weakness or unsuitability of a structure. 182. Form work, false work and shorting:-The employer shall ensure at a construction site of a building or other constr uction work that:- a)form work a nd false work are so designed, constr ucted a nd maintained that such form work and false work support the load that may be imposed on them; b)such form is so erected that working platform, means of access, bracing, means of handling and stabilizing could easily be fixed with such form work. 183. Erection or dismantling of steel and pre-fabricated structure:- The employer shall ensure at a constr uction site of a building or other construction work tha t :- a)the safety of building wor kers employed for the erection or dismantling of steel str uctures and pre-fabricated structures is ensured from danger by using appropriate means such as the following, namely :- (i) ladder, gangways or fixed platforms; (ii) platforms, buckets, boatswain’s chair or other appropr iate means suspended from lifting appliances; (iii) safety harness, lifelines, catch net or catch platform; (iv) power-operated mobile working platforms; b)the work of erection or dismantling of buildings or structur es of form wor k or fa lse wor k or shor ting or any other civil engineering work is carried out by trained building workers under the supervision of a person responsible for such work; c)steel or prefabricated structures are so designed and made that such structures can be safely transported or erected; and weight of each unit of such structures is clearly marked on such unit; d)the design of each such pa rt maintains stability of each of the struct ures referred to in clause (a) clause(b) and clause(c), when erected, and to prevent danger, the design shall explicitly take into account – (i) the relevant conditions and methods of attachment in the operations of stripping, transport, stor ing and tempor ary support during erection of such parts; and (ii) safeguards, such as pr ovisions of railings with wor king platforms, a nd for mounting such railings and platforms easily on the struct ural steel or prefabricated pa rts; e)the hooks a nd other devices built in or provided on the struct ural st eel or prefabricated parts that are required for lifting and transporting such parts are so shaped, dimensioned and positioned to withstand the str esses to which such hooks or other devices ar e subjected; - 51 -Ex-134/2016 f)prefabricat ed part s made of concrete ar e not st ripped or erected befor e such concr ete has set and hardened sufficiently to the extent provided for in the plans, a nd such parts a re examined by the resp onsible person for any sign of damage before their use; g)store places are so constructed that – (i) there is no risk of structural steel or pr efabricated pa rts falling or overturning; (ii) storage conditions generally ensue stability and avoid damage having regard to the method of s torage and atmospheric conditions; and (iii) racks are set on firm ground and designed so that units ca nnot move accidentally in such store places; h)structural steel or prefabricated parts are not subjected to stresses prejudicial to their tability while they are stor ed or t ransported or r aised or set down:- i)tongs, clamps and other appliances for lifting structural steel and prefabricated parts are- (a ) in such shape and dimensions as to ensure a secure grip without damaging such parts; and (b) marked with the ma ximum permissible load in the most unfavourable lifting conditions; j)structural steel or prefabricated parts are lifted by such methods a nd appliances t hat prevent them from spinning a ccidenta lly; k)structural steel or prefabricated parts are provided with railings and working platforms before raising such parts to prevent any danger of falling of building workers, materials or articles at the time of any wor k with such pa rts; l)all reasonably practical measures are taken to avoid injury to building workers, building structure or equipment while structural steel or prefabricated parts are handled or stored or transported or r aised or lowered; m) structures are not worked on dur ing violent storms or high winds or any ot her such hazar dous situation; n)the risk of falling t o which building workers, moving on high or sloping girders, may be exposed is limited by all means of adequate collective pr otection or by the use of a safety harness which is well secured to a sufficiently strong support; o)structural steel parts which are to be erected at a great height are, as far as practicable, assembled on the ground; p)when struct ural st eel or prefabr icated parts a re being er ect ed, a s ufficiently ex tended area underneath the wor kplace shall be barr icaded or guar ded; q)steel trusses which are being erected are adequately shor ed, bra ced or guyed until they are permanently secured in position; r)structural members are not forced into p lace by the hoisting machine while any building worker is in such a posit ion tha t he is likely to be injured by such operation. 184. Form work:- The employer shall ensur e at a construction site of a building or other construction work that :- a)all form-work are properly designed keeping in view the safety of building workers, building or structures; b)a responsible person for struct ural fr ame and form work- (i) inspects and examines the material, timber, structural steel and scaffolding for its strength and suitability before being taken into use; (ii) lays down procedur es to cover all stages of such structural fr ame and form-work; (iii) supervises s uch structural frame and form-work; (iv) take all necessary steps or measures to correct any situation with a view to prevent accident or dangerous occurrences during performances of such s tructur al frame and form-wor k. 1 8 5 . Deshoring:-The employer shall ensure a t a construction site of a building or other construction work that :- - 52 - Ex-134/2016 a)when shoring is removed, sufficient props are left in place of such shoring to prevent any possible hazard; and b)deshoring is adequa tely bra ced or tied together with support to prevent any hazard. CHAPTER - XVIIISTACKING AND UNSTACKING1 8 6 . Stacking and unstacking of materials and articles:- The employer shall ensure at a construction site of a building or other constr uction work tha t :- a)where stacking, unstacking, stowing or unstowing of construction material or article or handling in connection therewith ca nnot be safety carried out una ided, reasonable measures to guard against accident or dangerous occurrences are taken by shoring or otherwise to prevent any danger likely to be caused by such handling; b)stacking of materia l or ar ticle is made on firm foundation not liable to sett le and deviate such material or article and does not overload the floor on which such stacking is made; c)the material or articles, a re not stacked against partit ion or walls of a warehouse or store place unless it is known that such par tition or the wall is of sufficient strength to withstand the pressure such materials or articles; d)the materia ls or ar ticles are not stacked to such a height and in such a manner as would render the pile of such stack unstable and cause hazards to the building workers or the public in general. e)Wher e the building workers are wor king on stack exceeding one point five metres in height, safe means of access to the stack is provided; f)all stacking or unstacking operations are performed under the su pervision of a responsible person for such stacking or unstacking; g)the stacking of construct ion materials or articles is not ma de near the site of excavation, shaft, pit or any other such opening; h)stacks which may lean heavily or become unstable or colla pse are barrica ded. 1 8 7 . Stacking of cement and other material bags:- The employer shall ensur e at a constr uction site of a building or other construction work tha t :- a)a stack pile is not more than ten bags in height unless such stack pile is stacked in a suit able enclosure or otherwise adequately suppor ted; b)while removing bags from the sta ck pile, the stabilit y of such stack pile is ensu red; c)bags containing cement or lime are stored in dry pla ces; d)the materia ls like bricks, tiles or blocks are stored on a firm ground; e)reinforcing steel is stored according to its shape, size and length; f)stack of reinforcing steel is kept as low as possible; g)no pipe is stored on rack or in stack where such pipe is likely to fall by rolling; h)the angle of repose is maintained where loose materials are stacked; i)when dust ladden material is to be stor ed or ha ndled, measures are taken to suppress the dust produced by such storing or handling and suita ble personal protective equipment a re supplied to a nd used by the building workers working for such storing or handling. CHAPTER - XIXSCAFFOLD1 8 8 . Scaffold construct ion:- T he employer shall ensu re at a constr uct ion sit e of a building or other construction work tha t :- a)every scaffold and every component thereof is of adequate construction, made of sound material and free from defects and is safe for the purposes for which it is intended for use; - 53 -Ex-134/2016 b)in case bamboo is used for scaffolding, such bamboo is of suita ble qua lity, good condition, free from protruding knots and stripped off to avoid any injury to building workers during handling such bamboo; c)all metal scaffolds used in building or other construct ion work confor m to the relevant national standards. 189. Supervision by a responsible person:- The employer shall ensure at a construction site of a building or other construction work tha t no scaffold is erected, added, alt ered or dismantled except under the supervision of responsible person for such erection, addition, a lteration or dismantling. 190. Maintenance:- The employer shall ensur e at a construction site of a building or other construction work that :- a)the scaffold used in building or other construction work is maintained in good repa irs and the measures are taken against its accidental displacement or any other hazard; b)no scaffold or part thereof is par tly dismantled and allowed to remain in such a condition unless- (i) the stability or safety of the remaining portion of such scaffold has been ensured by a resp onsible person for the safety of such scaffolds; (ii) in case the remaining part of such scaffold cannot be used by the building workers, necessary warning notice wr itten in Hindi and in language understood by the majority of t he building workers that such scaffold is unfit for use, is displayed at the place where such scaffold is erected. 1 9 1 . Standards, ledger, putlogs:- The employer shall ensur e at a construction site of a building or other construction work tha t :- a)standards of a sca ffold a re – (i) plumb, where practica ble; (ii) fixed sufficiently close together to secur e the stability of such scaffold having regar d to all the possible working situations and conditions for the intended us e of such scaffold; (iii) spaced, as close as practicable, to ensur e safet y and stabilit y of such scaffold; b)adequate measures are taken to prevent displacement of standard of a scaffold either by providing s ole pla te or a base plate, as necessary; c)ledgers of metal scaffold are placed at vertical interva ls with due regard to safety a nd stability of such scaffold; d)bamboo ledgers are kept a s nearly as possible and are placed and fastened to the standards of a scaffold with due regard to the stabilit y of such scaffold. 1 9 2 . Working platform:- The employer shall ensure at a construction site of a building or other construction work that :- a)working platform is provided around the face or edge of a building adjoining at a very uppermost permanent floor of such building under construction and at a ny level where constr uction work of such building is carried out. b)a platform is designated to suit the number of building workers to be employed on each ba y of sca ffold wor k on such platform and t he materials or ar ticles and tools ca rried with then in such bay; c)the sa fe working load and the number of build workers to be employed in each ba y of a scaffold are displayed for the information of all the building workers employed at such construction site. 19 3 Boar d, Pla nk and decking:- The employer shall ensur e at a construction site of a building or other construction work tha t :- - 54 - Ex-134/2016 a)boar d, plank and decking used in the construct ion of working platform if of uniform size and strength and is capable of supporting the load and number of building workers in accordance with the relevant national standar ds keeping in view the safety of such building workers; b)meta l decking, which forms part of a working pla tform, is provided wit h non-skid surface; c)no board or plank which forms the working platform is project ed beyond its end support unless it is effect ively prevented from tripping of lifting; d)boar d, plank or decking is fastened and secured; e)at any one time, not more than two working platforms per bay, used to support building workers or materials or articles a t such bay; f)adequate measures are taken to prevent injury which may caused by fa lling material and objects by using sa fety nets or other suitable means; g)concrete, other debris or materia ls are not allowed to accumula te at a ny platform on a scaffold; h)where a work is to be done at the end of a wall working platform of such workplace is faced or wherever practicable, at least zero point sixty metres beyond the end of such wall. 1 9 4 . Repair of da mage scaffold:- T he employer shall ensur e at a constr uct ion sit e of a building or other constr uction work tha t :- a)no building worker is permitted to work on a sca ffold which ha s been damaged or weakened unless adequate sa fety measures have been taken to ensure the safety of such building wor ker; b)necessary warning signs ar e displayed at such places where repairs of scaffold are underta ken. 195. Opening:-The employer shall ensure at a construction site of a building or other constr uction work that :- a ) there is no opening in any working platform except for allowing access to such working platform; b) wherever opening on a platform is unavoidable, necessar y measures for protection aga inst falling of objects on building workers from such platform are taken providing suitable sa fety nets, belts or any other similar means; c ) access from one working platform to another platform on a scaffold, if required, is provided with suitable and s afe ladder for the use of building workers working on such platforms. 1 9 6 . Guar drails:- The employer shall ensur e at a construction site of a building or other construction work that every side of a working platform from which is a person is liable to fall is pr ovided with suit able and safe guardrails and toeboar d of adequate strength to prevent fa ll of a ny building wor ker, material or tools from such platform. 197. Scaffold used by building workers of different employers:- The employer shall ensure at a cons truction site of a building or other constr uction work tha t :- a)where a scaffold or a part of scaffold is used, which ha s previously been used by another employer for his building workers, such scaffold or part thereof is used only a fter it s inspection and examination by a responsible person for its u se that such scaffold or part is safe and fit for such use; b)if a ny rectification, alteration or modification in a scaffold or pa rt thereof is needed to suit its use, such r ectification, a lteration or modifica tion is made in consultant with the responsible person refer red to in clause(a) before us ing such scaffold or part. 198. Protection against electric power line:- The employer shall ensure at a construction site of a building or other construction work that all necessar y construct ion work that all necessary and practical measures for protection are taken to pr event a ny building wor ker, wor king on a scaffold, from coming into contact with the electr ic wires or da ngerous equipment. - 55 -Ex-134/2016 1 9 9 . Scr eening net and wirenets:- The employer shall ensure at a construction site of a building or other construction work t hat where scaffold is erected in an area where the construction activities may pose hazards to pedestrians or vehicular traffic nearby from the falling of objects, wirenets or screening nets are used to envelop such scaffold. 2 0 0 . Tower scaffold:- The employer shall ensur e at a construction site of a building or other construction work that :- a)the height of every tower scaffold used in building or other construction work is not more than eight times the lesser of a base dimension of such scaffold; b)a tower sca ffold is laded to a building or a fixed str ucture before being us ed by the building worker; c)any tower scaffold which ca n be moved or castered is – (i) constructed with due regard to the stability and, if necessary, adequately weighted at the base; (ii) used only on plain a nd even surface; and (iii) has casters provided with positive locking devices to hold such sca ffold in posit ion; d)no building worker remains on boa rd scaffold, tools, ma terial when it is being shift ed from one posit ion to another position. 2 0 1 . Gear for suspension of s caffold:- The employer shall ensur e at a constr uction site of a building or other construction work tha t :- a)chains, ropes of lifting gears used for suspension of a scaffold are of adequate str ength, made of s ound ma terial a nd suit able for the purpose of their use and are maintained in good repa irs; b)chains, wir es, ropes or metal tubes used for the suspension of a scaffold are– (i) properly a nd securely fastened to every anchor age point and to the scaffold ledgers of other main supporting members used for the support of such scaffold; and (ii) so positioned as to ensure stability of t he scaffold. 2 0 2 . Trestle sca ffold a nd cantilever scaffold:- The employer shall ensure at a construction site of a building or other construction work tha t :- a)no t restle scaffold is constructed with more tha n three tiers or if it s working platform is more than four point five metres above the gr ound or floor or other surface upon which such scaffold is erected, such trestle s caffold is designed by professional engineer and has the approva l of Labour Commissioner before being taken into use; b)no trestle scaffold is erected on a suspended scaffold; c)no cantilever or jib scaffold is used unless it is adequately suppor ted, fixed and anchored on opposite side of its support has out-riggers of adequate length and where necessary sufficiently supported and braced to ensure safety and stabilit y of such scaffold; d)no working platfor m resting on bearers let into a wall at one end and without other suppor t is used unless such bearers are of adequate strength, braced through the wall and securely fastened on the other side. 203. Scaffold supported by building:- The employer shall ensure at a construction site of a building or other constr uction work tha t :- a)no part of a building is used as support or part of a scaffold unless such part of the building is made of sufficient strength and made of sound materia l to afford sa fe support; b)overhanging eaves gutters are not used for supporting scaffold; c)suspended s caffold is made of in accordance wit h the r elevant national standards b efore being used by the building workers. 204. Use of winches and climbers for suspended scaffold:- The employer shall ensure at a cons truction site of a building or other constr uction work tha t :- - 56 - Ex-134/2016 a)no suspended scaffold is r aised or lowered by winches or climbers unless such scaffold is made of sound material, adequate strength and has been tested and certified safe for use of winches or climber for such ra ising or lowering by a competent person b efore being ta ken into use; b)all suspended scaffolds counter-ba lanced by counter weights are of types, appr oved by the Labour Commissioner before being taken into use for building or other construction work; c)the working platfor m of a suspended sca ffold is securely fastened to the building or structure as to be safe and to prevent such platform from swing; d) the safe working load which a suspended scaffold can car ry, is displayed where such scaffold is being used. 2 0 5 . Sa fet y devices for suspended sca ffold:- The employer shall ensure at a construction site of a building or other construct ion wor k that every suspended scaffold raised or lowered by the winches or climbers, is provided at each of its suspension point with a safety r ope with automatic sa fety device mounted on each of such rope so that such safet y rope with such automatic sa fety device supports the platform of such scaffold in the event of failur e of the primary suspension wire ropes, winches, climbers or any part of the mechanism used for raising or lowering such suspended scaffold; Provided that rule shall not apply:- a)where the platform of such scaffold is supported with two independent suspension wire r opes at or near each end of such platform so that in the event of failure of one of such suspension wire rope, the other wire rope is capable of sustaining the weights of such platform and its load and prevent it from fettling; or b)where a system is incorpora ted which opera tes automatically to support the platform of such scaffold and its load in the event of failure of the primary suspension wire rope of such scaffold. CHAPTER - XXCOFFERDAMS AND CAISSONS206.The employer shall ensure at a construction site of a building or other constr uction works that:- a)ever y cofferdam and caisson is – (i) of good construction, sound material and adequate strength; (ii) provided with adequate means for building workers to reach safely at the top of such cofferdam or caisson, as the case may be in the event of an inrush of wa ter; (iii) provided with safe means if access to every place where building workers a re employed in such cofferdam and caisson, a s the case may be; b)the work relating to cons truction, positioning, modification or dismantling of cofferdams or caissons is carried out u nder the supervision of a r esponsible person; c)all cofferdams and caissons are inspected by a responsible person at interva ls as specified by the Labour Commissioner; d)a building worker is allowed to work in a cofferdam or caisson after such cofferdam or caisson is inspected and found sa fe by r esponsible person within such preceding period as approved by the Labour Commissioner and a record of such inspection is mainta ined in a register; e)the work in compressed air in a coffer dam or caisson is- (i) carried out in accordance with the procedure laid down in the relevant nationa l standards; (ii) carr ied out by such building worker who ha ve completed eighteen years of age and are medically examined as required under rule 223; (iii) carr ied out under the supervision of a r esponsible person; f)if the work in cofferdam or caisson is ca rried out in s hifts, a record of the time spent by each building worker in each such shift for carrying out the work is maintained in a register with particulars of time taken for the compr ession of such building worker, if any; - 57 -Ex-134/2016 g)at every work site or project in a cofferdam or caisson, where building workers a re employed to work in compress ed air environment, a construction medial officer assisted by a nurse or trained fir st-aid-a ttendant, is a vailable at all times at such site or project during such work; h)ther e is sta nd by r eserve compress or to meet the emergency at ea ch workpla ce or project in a cofferdam or caisson. 207. Pressure plant and equipment:-The employer shall ensure at a construct ion sit e of a building or other construction work that:- a)The pressure plant and equipment – (i) are examined and tested by the competent person before being put into use for such work; (ii) is of proper design and construction, sound ma terial and adequate strength to perform the work for which is used; (iii) is properly maintained in good repairs and working condit ion; b)the pressur e plant and equipment referred to in Clause(a) is fitted with – (i) a suitable safety- valve or other effective device to provide maximum safe discharge pres sure fr om being exceeded a t any t ime; (ii) a suitable pressure gauge with a dial range not less than one point five times and not exceeding twice the maximum working pressure, easily visible and designed to show at all times, the int ernal pr essure in kilogram per squar e centimeters a nd marked with the maximum safe working pressure at such plant and equipment; (iii) a suitable stop valve or valves by which the pressure plant or the system of the pressure plant may be isolated from the source of supply of pressure or otherwise; c)ever y plant or equipment shall be thoroughly examined by the competent person – (i) ever y press ure, once in every period of six months; (ii) internally, once in every period of twelve months; and (iii) by hydraulic test once in a period of four years. CHAPTER - XXISAFETY ORGANISATION208. Safety Committees:- 1)Every Establishment wherein five hundred or more building workers are ordinarily employed, there shall be safety committee constituted by the employer which shall be represented by equal number of representatives of employer and building workers employed in such establishment. In us case the number of representatives of the employer shall exceed the repr esentative of building workers. The Commit tee sha ll be represented by representatives of the recognised unions whenever such unions exist. 2)The main functions of the safety committee shall be – a)to identify probable causes of accident and unsafe practices in building or other cons truction work and to s uggest remedial measures; b)to stimulate interest of employer and bu ilding workers in safety by organizing safety by orga nizing safety weeks, safety competitions, ta lks and films shows on safety, prepa ring posters or taking similar other measures as and when required or as necessary. 209. Safety Officer:- 1)In every establishments wherein five hundr ed or mor e building workers are ordinarily employed the employer shall appoint Safety Officers as per the scale laid down in Schedule – VIII annexed to t hese rule. Such Safety Officers may b e assisted by suitable and adequate staff. 2)Duties, qua lification and the condition of service of Safety Officers appointed under sub-rule (1) shall be as provided in Schedule – VIII annexed to t hese rules. - 58 - Ex-134/2016 3)Wher ever number of workers employed by single employer is less than five hundred, such employers may form a group and appoint a common Safety Officer for such group of employers with prior permission of the La bour Commissioner. 210. Reporting of accidents:- 1)Notice of any accident on the construction site which either:- a)causes loss of life, or b)disables a building worker from working for a period of forty eight hours or more immediately following the accident, shall forthwith be sent b y telegram, telephone, fax or similar other means including specia l messenger wit hin four hours, in ca se of fatal accidents and seventy two hour s, in case of other accidents involving building workers, to_ (i) The Assistant Labour Commissioner (State) having jurisdiction in the area in which the establishment in which such accident or da ngerous occurr ence took place is located. Such Labour Commissioner shall be the authority appointed under section 39 of the Act. (ii) Boar d with which the building worker involved in a ccident was registered as a beneficiar y. (iii) the Labour Commissioner; and (iv) the next in kin or other r elative of building worker involved in accident. 2)Notice of a ny accident at a construction site of a building or other construction work which:- a)causes loss of life: or b)disa bles such building worker fr om work for mor e than ten days following the accident, shall also be sent to:- (i) The officer inchar ge of the nearest police station. (ii) The District Magistrate or if the District Magistrate by order so desires to the Sub Divisional Magistrate. 3)In the case of accident falling under clause (b) of sub-rule (1) or clause (b) of sub-rule (2), the injured building worker shall be given first-aid and immediately thereafter be transferred to a hospital or other p lace for medica l treatment. 4)Wher e any accident causing disablement subsequently resu lts in death of a building wor ker, notice in writing of such death shall be communicated to the author ities as mentioned in sub- rule.(1) and sub-r ule (2) within seventy two hours of such death. 5)The following clause of dangerous occurrence shall be reported to the Inspector having jurisdiction, whether or not any death or disa blement is caused to a building wor ker, in the manner prescribed in sub-rule (1), namely:- a)collapse or failure of lifting appliance or hoist or conveyors or other simila r equipment for building or construction material or breakage or failure of rope, chain or loose gears, over turning of cranes used in building or other construct ion work, falling of objects from heights. b)collapse or subsidence of soil, a ny wall, floor, gallery, roof or any other part of any structure, platfor m, staging or any mea ns of a ccess including formwork. c)cont act wor k, exca vation, collapse of tr ansmission. d)explosion of r eceiver or vessel u sed for stor age, at a pressur e great er tha n atmospheric pressure, of any gas or ga ses or any liquid or solid used as building materials; e)fire and explosion causing damage to any place on constr uction site where building workers are employed. f)spillage or leakage of hazardous substances and damage to their container; g)colla pse, capsizing, toppling or collision of transport equipments; h)leakage or r elease of harmful toxic gases at the construction site. - 59 -Ex-134/2016 6)In case of failure of a lifting appliances, loose gear, hoist or building and other construction work machinery and transport equipment at a construction site of a building or other construction work, such a ppliances, gear, hoist, machinery or equipment and the site of such occurr ence shall, as far as practicable, be kept undisturbed until inspected by the Inspector having jurisdiction. 7)Every notice given under sub-rule (1), sub-rule (2) or sub-rule (4) sha ll be followed by a writ ten report to the Inspector, authorit y under section 39 of the Act , the Board and the La bour Commissioner in Form – XIV under proper acknowledgement. 211. Procedure for enquiry into causes of accident or dangerous occurrence:- 1)The enquiry under sub-section (2) or sub-section (3) of section 39 of the Act, as the case may be, shall be conducted by the authority referred to in sub-clause (i) of clause (b) of sub rule (1) of r ule 210 in the following manner, namely:- a) the enquir y shall be commenced as early as it may be, and in any ca se, within fifteen days of receipt of notice of accident or dangerous occurrence under rule 210. b)the enquiry may be conducted by the authority r eferred to in sub-cla use (i) of clause (b0 of sub rule (1) of 210 himself or by an enquiry officer appointed by such authority. c)the authority or enquiry officer, as the case ma y be, shall serve or cause to be ser ved; notices in writing, infor ming the date, time a nd place of such enquiry to all persons entitled to appear in such enquiry and whose names and a ddresses are known to such authority or enquiry officer. d)notwithstanding the provisions of clause (b), for the purpose of notifying ot her persons who may in any way be concerned or be interested in such enquiry, the authority or the enquiry officer, a s the case may be, ma y publis h notice of such enquiry in one or more loca l newspa pers, informing the date, time and pla ce of such enquiry. 2)The person entitled to appear at the enquiry may include: a)an inspector or any officer of the State Gover nment or an undertaking or public body, concerned with the enfor cement or complia nce of safety provisions of the Act a nd these rules in the concerned esta blishments; b)a tr ade union or a workers associa tion or an employer ’s association; c)the worker involved in the accident or his legal heir or authorized representative; d)the owner of the pr emises in which the accident took place; e)any other person, a t the discretion of the authority or the enquiring officer as the case may be, who may be interested in or be concerned with the ca use of an accident or may have knowledge about such cause or is likely to give material evidence or produce a relevant document in connection with such accident or da ngerous occurrence. 3)In case the entitled person referred to in sub-rule (2) is a body corporate, a company or any other organisation, association, group of persons such group may be represented through an authorised representative including a counsel or a solicitor; 4)Subject to the provisions of sub rule (5) the enquiry shall be held in public. 5)In ca ses where:- a)the State Government is of the opinion that the matter of enquir y or any part of it ar e of such nature that it would be against the interest s of national security to hold the enquiry in public a nd directs the said authorit y or the enquiry officer, as the ca se may be, to hold the enquiry in camera or. b)on a n application made by any par ty to t he enquiry, the author ity or enquiry officer, as the case ma y be, referred to in sub-rule (1), if it or he is of the opinion that the holding or public enquiry will lead to disclosure of information relating to a trade secret, decides to hold the enquiry of such p art of it in camera such enquiry shall not be held in public. 6)Information disclosed by any person during the course of hearing or evidence in the cases covered under sub-rule (5) shall not be disclosed to any person except for the purpose of enquiry. - 60 - Ex-134/2016 7)The person entitled to appear under sub-rule (2) called for evidence or represent ation in an enquiry shall be entitled to make an opening statement, give evidence, request the enquiry officer to call for specified documents or evidence, cr oss examine other person or to the extent and at the stage permitted by the authorit y or enquiry officer holding the enquiry. 8)Any evidence in a n enquiry may be admit ted at the discretion of the authorit y or enquiry officer dur ing the enquiry, who may, also direct that documents to be tender ed in evidence may be inspected by any person entitled or permitted to appear at such enquiry and that facilities be offended to such person to take or obta in copies thereof. 9)The authorit y or the enquiry officer holding an enquiry may authorize a ny person, being an officer of t he State Government to assist such authority or enquiry officer where necessary for the pur pose of conduct ing the enquir y, and the officer so authorized may enter t he premises of t he concerned establishment during working hours, inspect the records relevant to such enquiry, investiga te and take such evidence as may be required to conduct such enquiry. 10) The findings of the enquiry along with all evidence, in original, including statements of witnesses shall be forwarded to the author ity specified under section 3 9 of the Act within five days of completion of the enquiry in cases where sub-enquiry was not conducted by such authority itself. 11) A copy of t he findings alongwith a brief statement of facts relating to an enquir y conducted under this r ule sha ll be forwarded to the Labour Commissioner a nd the State Government by the authority referred to in sub-rule (1) of Rule - 210. CHAPTER – XXII EXPLOSIVES 2 1 2 . Handling of explosives:- The employer shall ensur e at a construction site of a building or other cons truction work that:- a)all explosives are handled, used or stored in accordance with instruct ions and the ma terial data sheet supplied by the manufacturer of such explosives. b)the use of explosives is carried out in safe manner to avoid injury to any person and under the direct supervisions of a r esponsible person; c)before using any explosive, necessary warning and danger signals ar e erected, at conspicuous places of such use to war n the building workers and the general public of t he danger involved in such use. 213. Precaution:- The employer sha ll ensure at a constr uction s ite of a building or other construction work that:- a)not- withsta nding the provisions of rule 212 the following preca utions are obs erved at the places of transpor ting, handling, stora ge and use of such explosives, namely:- (i) prohibition of smoking, na ked lights and other sources of ignition in the vicinity where explosives a re handled, stor ed and used. (ii) to keep safe distance and to use non-sparking tools while opening package Containing explosives. (iii) to stop the use of explosives and handling thereof while the weather conditions are not suit able for such use as handling; b)In addition to the provisions of this chapter all measures and precautions required to be observed for use, ha ndling, storing or tra nsportation of exp losives under the rule fr amed under the Explosives Act.1884 (4 of 1884) are observed. - 61 -Ex-134/2016 CHAPTER – XXIII PILING 214. General Provisions:- The employer shall ensure a construction site of a building or other cons truction work that:- a)all pile driving equipments are of good design and sound construction, taking into account the ergonomic p rinciples and are pr operly maintained. b)a pile driver is firmly supported on a heavy timber sill, concrete bed or other secured foundation; c)in case a pile driver is r equired to be erected in dangerous pr oximity to an electrical condu ctor all necessar y preca utions a re taken to ensure safety. d)the hoses of steam and air hammer are securely la shed to such ha mmer so as to prevent them from whipping in ca se of connection or br eak; e)adequate precaution is taken to pr event the pile driver form over turning.. f)all necessar y preca ution is taken to prevent hammer from missing the piles. g)a responsible person for inspecting pile driving equipment, inspects such equipment before taking it into use and takes all appropr iate mea sures a s required for safety of building workers before commencing piling work by such equipment. 2 1 5 . Stability of adjacent structur e:- The employer shall ensure at a construction site of a building or other construction work that where there is any question of stability of a structur e for it s adjoining areas to be piled, such structure is supported where necessary, by under pining, sheet piling, shor ing, bracing or by other means to ensure safet y and stabilit y of such structure and to pr event injury to any person. 2 1 6 . Protection of operator:- The employer shall ensur e at a construction site of a building or other cons truction work t hat an operator of every pile driving equipment is protected fr om falling objects, steam, cinders or water by substa ntially covering or otherwise or by other means. 217. Instruction to and supervision of building workers working on a pile driving equipment:- The employer shall ensure at a construction site of a building or other construction work that every building worker working on a pile driving equipment is given instruction regarding safe work procedure to be followed in piling operation and is supervised by a responsible person throughout such work. 2 1 8 . Entr y of una uthorized person:- The employer shall ensur e at a construction site of a building or other construction work that all piling areas where pile driving equipment is in use are effectively cordoned off to prevent entry of unauthorized persons. 219. Inspection and maintenance of pile driving equipment:- The employer shall ensure at a cons truction site of a building or other constr uction work that:- a)pile driving equipment is not taken into use until it has been inspected by responsible person and found to be safe for such use. b)pile driving equipment in use is inspected by a r esponsible person for such inspection at suitable intervals to ensure safety to the building workers working on such equipment. c)all pile lines and pulley blocks are inspected by a responsible person befor e the beginning of each shift of piling operations. 220. Operation of pile driving equipment:- The employer shall ensure at a construction site of a building or other constr uction work that:- a)only experienced a nd trained building worker operates pile dr iving so as to avoid a ny probable danger from such operations. - 62 - Ex-134/2016 b)pile driving opera tions a re governed by gener ally prevalent a nd accepted signals so as to prevent any probable danger from such operation: c)ever y building worker employed in pile dr iving operation or in the vicinity of such pile driving operations wears ear protection and safety helmet or hard hat and sa fety shoes; d)piles are prepared at a distance at least equal to twice the length of a longest pile, from the place of pile driving operations; e)when a pile driver is not in use; the hammer of such pile driver is blocked a t the bottom of the heads of such pile dr iver. 221. Working platform on piling frames:- The employer shall ensure at a construction site of a building or other construction work that where a structural tower supports t he lead of a pile driver, suitable working platforms of adequate strength are provided on levels of such leads at which it is necessary for the building workers to work and such platforms are pr ovided with a safety railing and toe boards on each side of such platfor ms, except on t he hammer of such pile driver or lead sides of such platforms and where such platform cannot be provided with such railing and toe boards, a sa fety belt is provided to each such building wor ker. 2 2 2 . Pile testing:- The employer sha ll ensure at a constr uction site of a building or other construction work that:- a)the testing of pile is conducted under the supervision of a responsible person for such test ing; b)all practicable, measures like displaying of warning notices, barricading the area and other simila r mea sures a re taken to pr otect t he area wher e the pile testing is carried out; c)entr y to a pile testing area is prohibited to general public to ensure safety. CHAPTER – XXIV MEDICAL FACILITIES 2 2 3 . Medical Examination of building workers, etc:- The employer shall ensure at a construction site of a building or other construction work that:- a) (i) a building worker who is employed for a work involving such r isks or hazards, inherent in such work as the Labour Commissioner considers appropriate for the periodical medical exa mination of such worker, is medically examined at such intervals as the Labour Commissioner may direct from time to time; (ii) every operator of a crane, winch or other lifting appliance, transport equipment or vehicle, is medically examined befor e employing such operator and again periodica lly, at such intervals a s the La bour Commissioner may direct from time to t ime; (iii) the medical examina tion referred to in sub-clause (i) and sub-clause (ii) is in accordance with schedule – VII, annexed to these r ules and is conducted by such medical officers or a t such hospita ls as a re appr oved by the Sta te Government for the purpose from time to t ime; (iv) in case of a building worker who is exposed to special occupa tional health hazard owing to job or work assigned to such worker, the per iodical examination r eferred to in sub- clause (i) or sub-clause (ii) includes such special investigation as may be deemed necessary by the construction medica l officer examining s uch building worker for the diagnosis of occupationa l disease. b)no building worker is cha rged for the medical examina tion referred to sub-clause (i) or sub- clause (ii) of cla use (a) and the cost of such examina tion is borne by the employer employing such building wor ker. - 63 -Ex-134/2016 c)certificate of medical examination referred to in sub-clause (i) or sub-clause (ii) of clause (a) is issued in Form – XI annexed to these rules d)the record of the medical examina tion referred to in sub-clause (i) or sub-clause (ii) of clause (a) of every building worker employed by him is mainta ined in a register in Form – XII annexed to these rules and such register shall be made available to the Inspector having jurisdiction, on demand. e)in case a construct ion medical officer examining a building worker under sub-clause (i) or sub- clause (ii) of cla use (a) is of the opinion that such building worker so examined is required t o be taken away from the building or other construction work at which he is employed for health protection, such medical shall inform the employer of such building wor ker accordingly and such employer shall infor m such opinion the Boar d wher e such wor ker is registered as a beneficiar y. 224. Duties of construction medical officers:- 1)The medical examination referred in sub-clause (i) or s ub-clause (ii) of cla use (a) of Rule 223 shall be car ried out by a construct ion medical officer. 2)The duties and responsibilities of such construction medical officer shall be as given below, namely:- a)medical examination of building workers; b)first-aid-ca re including emergency medica l treatment; c)notification of occupationa l disease to the concerned authorities in accordance with these rules; d)immunization services. e)medical record upkeep and maintenance. f)health education including advisory services on family planning personal hygiene, environmental sanitation and safety. g)referral services. 2 2 5 . Occupational health centres:- The employer shall ensur e at a construction site of a building or other construction work that involving ha zardous processes specified under Schedule – IX annexed to these rules that:- a)an occupational healt h centre, mobile or sta tic is pr ovided and maintained in good or der a t such site; b)services and facilities as per the scale laid down in Schedule – X, annexed to these rules are provided at the occupationa l health centre referred to in clause (a); c)a constructional medical officer appointed at a occupational healt h centre possess the qualification as la id down in Schedule – XI, annexed to these rules. 226. Ambulance Room:- The employer shall ensure at a construction of a building or other construction work that:- a)in case five hundred or less workers are employed at such construction site there is an ambulance room at such construction site or an arrangement with a nearby hospital for providing an ambulance room a nd such ambulance room is in charge of a qualified nu rse and the ser vice of s uch ambulance room is availa ble to building worker employed at such construct ion sit e at ever y time when he is at work; b)in case mor e than five hundred building workers are employed at such construction site there is a n ambulance room with effective communication system and such ambulance room is in the charge of a qualified nurse and the service of such ambulance room is available to a building worker employed at such constr uction site at every time when he is at wor k, and such ambulance r oom is in over all cha rge of a cons truction medical officer. c)an a mbula nce room r eferred to in c la use (a) or clause (b ) is equipped with the articles specified in Schedule – IV, annexed to these rules. - 64 - Ex-134/2016 d)recor d of all case of accidents and sickness treated a t the a mbulance r oom referred to in clause (a) or clause (b) is mainta ined and produced to the inspector having jur isdiction on demand. 2 2 7 . Ambulance va n:- The employer shall ensur e at a construction of a building or other construction work that an ambula nce van is provided at such construct ion sit e or an arrangement is made with a near by hospital for providing such ambulance van for transportation of serious ca ses of accident or sickness of the building workers to the hospital promptly and such ambulance van is maintained in good repair and is equipped with standar d facilities specified in Schedule – V annexed to these rules. 228. Stretchers:- The employer sha ll ensu re at a constr uction of a building or other constr uction work that sufficient number of stretchers is provided at such constr uction site so as to be readily available in a n emergency. 229. Occupational health service for the building workers:- 1)The employer shall ensure at a construction of a building or other construction work that where more than five hundred building workers a re employed that:- a)a special medical service or an occupational (i) provide fir st-aid and emergency treatment; (ii) conduct special medical exa mination for occupational hazar ds to s uch building workers before their employment and thereafter at such intervals as may be specified by the Labour Commissioner from time to t ime. (iii) conduct tra ining of first aid personnel of such medical service. (iv) render advice to such employer on conditions of work and improvement required to a void ha zards to the health of such building workers; (v) promote health education, including family welfare among such building workers; (vi) co-operate with the Inspector ha ving jur isdiction in detection, measurement and evaluation of chemical, physical or biological factors suspected of being har mful to such building workers; (vii) undertake immuniza tion for all such building workers against tetanus, typhoid, cholera and other infectious disease. b)the special medical service referred to in clause (a) collaborates with the Labour Department or any other concerned department or service of the Government of Mizoram in matters of treatment, job placement, accident prevention and welfa re of such building workers; c)the special medical service referr ed to in clause (a) is headed by a construct ion medical officer and is provided with adequa te staff, labor atory and other equipments. d)the premises of the special medical ser vice referred t o in clause (a ) are conveniently accessible comprise at least a waiting room, a treatment room, a laboratory a nd suitable accommodation for nurse a nd other staff of such service. e)the special medical service refer red to in clause (a) maintain records pertaining to its activities referred to in sub-cla use (i) to (vii) of clause (a) and sends to the La bour Commissioner, once in every three months, information in writing on:- (i) the state of healt h of such building workers, and (ii) the nature and cause of occupational injuries or disease suffered by any of such building workers, treatment provided to such worker and measures taken to prevent recurrence of such injury of disease. 2 3 0 . Notice of poisoning or occupationa l disease:- The employer shall ensure at a construction of a building or other constr uction work that:- - 65 -Ex-134/2016 a)when a building worker contracts any disease specified in schedule – II annexed to these rules, a notice in Form – XIII annexed to these rules is sent without delay t o Inspector, ha ving jurisdiction, and to the Board with which such building worker is registered as a beneficiary. b)if a ny medial pract itioner or cons truction medica l officer attends on a building worker suffering from any disease r eferred to in clause (a), such medical practitioner or construct ion medical officer sends information regarding the name and full particulars of such b uilding worker and the disease suffer ed by him to t he Labour Commissioner without delay. 2 3 1 . First aid boxes:- The employer shall ensur e at a construction of a building or other construction work that:- a)sufficient number of first aid boxes or cup- boards ar e provided and mainta ined for providing first aid to the building workers; b)ever y first aid box or cupboard is distinctly mar ked “First Aid” and is equipped with the articles specified in Schedule – III annex ed to t hese ru les; c)nothing except appliances or requisites for first-aid is kept in a fir st aid box or cupboard and such box or cupboar d is so kept a s to pr otect it against conta mination by dust or other for eign matter and against penetra tion of moisture and such box or cu pboard is kept in the charge of a person trained in first aid and is always readily available during wor king hours. 2 3 2 . Emer gency ca re service or emer gency treatment:- The employer shall ensur e at a construction site of a building or other construction work that:- a)essential life saving aids and appliances required to handle:- (i) head injur ies and spinal injur ies. (ii) bleeding. (iii) fractures and dislocations of bones and joints. (iv) crash injur ies. (v) shock, including electric shock; (vi) dehydration due to any ca use; (vii) snake bite, insect bite, scorpion and bee stings. (viii) burns, including chemical burn; (ix) bends or divers paralysis. (x) other surgical, gynecological, obstetric or pediatric emergencies; (xi) drowning ; (xii) sunstrokes and frost bite of building workers are provided and properly maintained under the supervision of a cons truction medical officer; b)the essential life saving aids for any emergent situa tion referred to in sub-clause (i) to (xii) of clause (a) are provided to an injured or a sick building worker during his t ranspor tation from such building site to a hospital and till such building worker is attended by a doctor in such hospita l; c)any other equipment of facilities required for emergency ca re or treatment to the building workers arising from special loca l conditions and construction processes at such building site, as s pecified by the State Government from time to time, a re provided. CHAPTER – XXV INFORMATION TO BUREAU OF INDIAN STANDARDS 233. Furnishing of information to Bureau of Indian Standards:- The employer shall ensure at a cons truction site of a building or other constr uction work that:- a)ever y architect and other professional like structural engineer or pr oject engineer involved in the execution of a building or other construct ion project, furnishes to the Bureau of Indian - 66 - Ex-134/2016 Standards, the deta ils regarding the performance of and deviations or short comings, if any, of the building materials, articles or processes used in such building and other constr uction pr oject for which the India n Standards are already availa ble; b)the architect and other pr ofessional referred to in clause (a ) infor ms to the Bureau of Indian Standards, the deta ils of building materia ls, articles of processes used in the building and other cons truction activities for which the Indian Standards do not exist with the Bureau of Indian Standards and the performance of such materials, articles or processes along with the suggestion for their improvement to enable the Bur eau of Indian S tandards to consider and for m necessary standa rds.. PART – IV HOURS OF WORK, WELFARE, PAYMENT OF WAGES, REGISTERS AND RECORDS ETC. CHAPTER – XXVI HOURS OF WORK, REST INTERVALS AND WEEKLY OFF, ETC. 234. Hours of work, intervals of rest and spread over, etc:- 1)No building worker employed in building or other construction work shall be required or allowed to work for more than nine hours a day or forty eight hours a week. 2)No building worker employed in building or other construction work shall be required or allowed to work continuously for more tha n five hours unless he had an interva l of rest of not less than half an hour. 3)The working day of a building worker employed in building or other construction work shall be so arranged that inclusive of the intervals of rest, if any, shall not spr ead over more than twelve hours on any day. 4)When a building wor ker wor ks in any building or other construction work for more than nine hours on any day or for mor e than for ty eight hours in any week, he shall, in r esp ect of overtime work, be entitled to wages at double the ordinary rate of wa ges. 235. Weekly rest, payment for work done on the day of rest at overtime rate, etc:- 1)Subject to the provisions of these rules each building worker employed in building and other cons truction work shall be allowed a day of rest every week (hereinafter referr ed to as the rest day) which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day. Provided that the building worker shall be infor med of the day fixed as the r est day and of a ny subsequent change in such rest da y 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 having jurisdiction in this behalf. 2)No building worker employed in building or other construction work shall be required or allowed to work on a rest day unless he a lready had or will have a substituted rest day for a whole day on one of the five days immediately before or a fter such rest day; Provided that no substitution shall be made which resu lts in a building worker working for more than ten days consecutively without a rest da y for a whole day. 3)Wher e a building worker employed in building or other constr uction work ha s worked on a rest day and has been given a substituted rest day on any one of five days before or aft er the rest day, as provided in sub-rule (1) and sub-rule (2), such rest day shall, for the purpose of calculation the weekly hours of work, be included in the week in which s uch substituted rest day occurs. 4)A bu ilding worker employed in building or other construction work shall be granted wages for a rest day, calcula ted at the rate applicable to the da y preceding such rest day and in case he - 67 -Ex-134/2016 has worked on a rest day and has been given a substituted rest day he shall be paid wages for such rest da y on which he worked, at the over time rate a nd wages for such substituted rest day at the rate applicable to the day pr eceding such substitute rest day. Explanation -1:- For the purpose of this rule, “preceding day” means the last day preceding a rest day or a substituted rest day, as the case may be, on which a building worker had worked and where such substituted rest day falls on a day immediately after such a rest day, such “preceding day” means the la st day preceding such rest day on which such building worker had wor ked. Explanation -2:- For the pur pose of this r ule, “week” sha ll mean a period of seven da ys beginning at midnight or a Saturday night. 2 3 6 . Night Shifts:- Where a building worker employed in bu ilding or other constr uction worker works on a shift which extends beyond midnight:- a)a rest day for the purpose of rule 235 sha ll mean a period of twenty four consecutive hours beginning form the time when such shifts ends; b)ahe hour s after midnight during which such building worker has worked shall be counted towards the previous day; and c)ahe following day shall be deemed to be the period of twenty fou r hours beginning from the time when such shift ends. 237. Application of provisions of this Cha pter to cer tain classes of building workers:- 1)The provisions of this Chapter shall apply to the classes of building workers specified under clause (a) to (d) of sub-s ection (2) of section 28, of the Act subject to the following namely:- a)no building worker employed in building or other construction work shall be required or allowed to work continuously for more than fifteen hour s a day inclusive of intervals of rest or sixty hours in a week; Provided that intervals of rest not less than half an hour a re given after every five hours of continuous work as laid down in sub-rule (2) of Rule 234; b)no building worker employed in building or other construction work shall be required or allowed to work for more than four teen consecutive days unless a rest of twenty four hour s is given for r est to such wor ker; 2)Where the working hours in respect of a building worker employed in building or other cons truction work have exceeded the hours of work as laid down in sub rule (1) of Rule 234 or where such worker has been deprived of a rest day due to application of sub rule (1) of this rule, such worker shall be paid at double the r ate of normal wages in respect of the work done in excess of such daily or weekly hours a nd for work done on such rest day. CHAPTER – XXVII NOTICES, REGISTERS, RECORDS AND COLLECTION OF STATISTICS. 238.Notice of wages periods, etc:- 1)Every employer shall cause to display at the conspicuous place of the work- place of an esta blishment under his control, notice showing the rates of wages of t he building wor kers working in such establishment, hours of work of such worker, their wage periods, date of payment of such wages, names and address es of the Inspectors having jurisdiction to such esta blishment and date of payment of unpaid wages, to such workers, in English, Hindi and in the local language understood by the ma jority of such building workers. 2)A copy of the notice referred to in sub-rule (1) shall be sent of t he Inspector having jurisdiction and whenever any change occurs r elating to facts cont ained in such notice, such change shall be communicated by the employer to such Inspector. - 68 - Ex-134/2016 239. Notice of commencement and completion:- 1)Every employer shall, at least thirty days before the commencement of any building or other construction work under his control, send or cause to be sent to the Inspector having jurisdiction, a written notice intimating the actual date of the commencement, the probable date of completion and other such particulars as referred to in sub-section (1) of section 16 of the Act relating to such building or other construction work in Form IV annexed to these rules. 2)Wher e any change occurs in any of the particulars furnished under sub-rule (1) the employer shall intimate such change to the Inspector having jurisdiction within two days of such cha nge. 3)Nothing contained in sub-rule (1) shall apply in case of such class of building or other construction work as the State Government may by notification specify to be emergent work. 2 4 0 . Register of persons employed as building workers:- Every employer shall maintain in respect of each registered establishment, where he employs building workers, a register in Form – XV annexed to these rules. 241. Muster Roll, wages register, deduction register, over-time register and issue of wage books and service certificate:- 1)Every employer sha ll, in respect of each work on which he employs building workers maintain. a)Muster roll and a register of wa ges in F orm – XVI and Form – XVII respectively, annexed to these rules. Provided that a combined register of wage-cum-muster roll in Form XVIII, annexed to these rules shall be maintained by the employer where the wage period for such building worker is a for th night or less; b)a register of deduction for damage or loss, register of fines a nd register of advances in Form – XIX, Form – XX and Form –XXI resp ectively, annexed to these rules; c)a register of over time in Form –XXII annexed to these rules, for recording therein the number of hours of and the wages p aid for, overtime, if any. 2)Every employer shall, in respect of each work on which he engages building workers:- a)issue where the wage period is one week or more, wage book to ea ch of such building workers in F orm – XXIII ( annexed to these rules to such building workers in which entr ies sha ll be made at least a day prior to t he disbursement of wages to t hem; b)issue a service certifica te to each of such building worker in Form – XXIV annexed to these rules to such building workers on termination of his service on account of completion of s uch work or for any other reasons. c)obtain signature or thump impression of each such building worker against entries relating to him on the register of wages or muster roll-cum wages register, as the case may be and such entries shall be authenticated by the employer or his authorised repr esentative. 3)In respect of an establishment to which the payment of Wages Act, 1936 (4 of 1936), or Minimum Wages Act, 1948 (11 of 1948 ) or the Contract Labour (Regulation and Abolition ) Act, 1970 (37 of 1970) applies the following registers and records r equired to be mainta ined by a n employer under any of such Acts or the rules made thereunder, shall be deemed to be the registers and recor ds maint ained by the employer under these rules, namely:- a)muster roll; b)regis ter of wages c)register of deduction d)register of overtime e)regis ter of fines f)register of adva nces g)combined register of wages-cum-muster r oll. - 69 -Ex-134/2016 4)Notwithstanding anything contained in these r ules, where a combined or alternative form, in lieu of any of for m specified under these rules, is sought to be used by an employer to a void duplication of work for compliance with the provisions of any ot her Act or the rules fr amed thereunder or for a dministr ative convenience, such combined or a lternative form may be used with the prior approval of the State Government. 5)Every employer shall, display at the conspicuous place of the work site where he employs building workers, a n abstr act of the Act and these rules in English a nd in Hindi and in a local language understood by the majorit y of such building workers. 6)Every employer shall ensur e that the registers and other records requir ed to b e mainta ined under the Act or these rules, are maintained complete and up-to-date, a nd unless otherwise provided for, are kept at an office or the nearest convenient building within the precincts of the concerned work place. 7)The registers other recor ds relating to an establishment and requir ed to be maint ained under the Act or these rules, shall be maintained legibly in English and in Hindi or in language understood by the majority of the building workers employed in such establishment. 8)Ever y r egis ter or other r ecor d r eferred to in s ub-rule (7) shall be preserved by t he employer with whom such register or other r ecord belongs, in original for a period of three calendar year s form the date of last entry ther ein. 9)Every register, record or notice, mainta ined under the Act, or these rules shall be produced or caused to be produced by the employer concerned on demand before the Inspector or any other authority under the Act or any other person authorised by the State Government for such purpose. 10) In case, where during a wage period, no deduction has been made from the wage of a building worker, or no fine has been imposed on such building worker or no overtime work has been per formed by such building wor ker or no payment has been made for overtime work to such building worker, a ‘nil’ entry shall be made against such wage period at the appropriate place in the relevant register maintained in Form XIX,XX, XXI or XXII as the case may be. 242. Returns:- Every employer of a registered establishment shall send annually a retur n relating to such esta blishment in duplica te in Form-XXV annexed to these rules to the registering officer ha ving jurisdiction so as to reach him not later than the fifteenth February following the end of each calendar year with a copy to the Inspector having jurisdiction. CHAPTER – XXVIII WELFARE OF BUILDING WORKERS 243. Latrine and Urinal accommodation:- Latrine or urinals, as the case may be, required to be provided under section 33 of the Act shall be of the types as specified below namely:- a)ever y latrine shall be under cover and so partit ioned off as to secure privacy, and shall ha ve a proper door and fastenings; b)(i) wher e both male and female building workers are employed, there shall be displayed outside each block of latr ines or urinals a notice containing therein ‘For Men Only’ or ‘For Women Only’ a s the case may be written in the language understood by the majority of such workers; (ii) such notice shall a lso bear the figure of a man or of a women, as the case may be; c)ever y latrines or urinal shall be conveniently situated and accessible to building workers at all times; d)ever y latrines or urinal shall be adequately lighted and shall be mainta ined in a clean and sanitary condition at all times; e)ever y latrine or urinal other than those connected with a flush sewage system shall comply with the requirements of the public health authorities; - 70 - Ex-134/2016 f)water shall be provided by means of a tap or otherwise so as to be conveniently accessible in or near ever y latrine or urinal; g)the walls, ceilings and par titions of ever y latrine shall as urinal be white washed or colour once in every period of four months. 244. Canteens:- 1)In every pla ce wherein not less than two hundred and for ty building wor kers ar e ordina rily employed, the employer of such building workers shall pr ovide a nd adequate canteen in the manner as specified in this rule for the use of such building workers; 2)The canteen r eferr ed to in sub-r ule (1) shall consist of a dining hall with furniture sufficient to accommodate building workers using such canteen, a kitchen, a store, room, pantry and washing places sepa rately for building workers and for utensils. 3)(i) the canteen referr ed to in sub-r ule (1) shall be sufficiently lighted at a ll times when any person has access to it; (ii) the floor of such canteen shall be made of smooth and impervious material and inside walls of such canteen sha ll be lime-wa shed once in every three months. 4)(i) The precincts of the canteen referred to in sub-rule (I) shall be maintained in a clean and sanitary condit ion. (ii) Waste water from such canteen shall be carried away in suitable covered drains and shall not be allowed to accumula te in the sur roundings of such canteen. (iii) Waste water from such canteen shall be ca rried a way in suitable covered drains and shall not be allowed to a ccumula te in t he surr oundings of such canteen. 5)Building of the canteen referred to in sub-rule (I) shall XXX be situated at the dista nce not less than fifteen point two meters from any la trine or urinal and any source of dust, smoke or noxious fu mes. 245. Foodstuffs to be served in the canteen:- The foodstuffs and other items to be served in the canteen referred to in sub-clause (1) of Rule, 244, shall be inconformity with the normal dietary habits of the building workers. 246. Serving of tea and snacks at the work p laces:- At a building or other construction work where a wor k place is sit uated a t a distance of more than zero point two kilometres from the canteen provided under sub-rule (1) of R ule 244, arrangement shall be made by the employer employing building workers a t such p lace for serving tea and light refr eshment to such building workers at such place. 247. Charges of foodstuff:- 1)The charges for food stuffs, bever ages and other items served in the canteen pr ovided under sub-rule (1) of Rule 244 shall be based on “no profit no loss” and the price list of such items shall be conspicuously displayed in such canteen. 2)In a rriving at the prices of items referred to in sub-clause (1), the following shall not be taken into consideration as expenditur e, namely:- a)the rent for the land and building of such canteen. b)the deprecia tion and maintenance charges for the building and equipment provided in such canteen. c)the cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery, utensils a nd uniforms pr ovided to the employees of such canteen. d)the water charges and other charges incurred for lighting and ventilation of such canteen; and e)the interest on the amounts spent for providing and mainta ining furniture and other equipment for such canteen. - 71 -Ex-134/2016 CHAPTER – XXIX WAGES 2 4 8 . Payment of Wages:- An employer shall ensur e at a construction site of a building or construction work that:- a)the wages of every building worker employed at such construction site where less than one thousand such building workers are employed are paid before the expiry of the seventh day and in other cases before the exp iry of t enth da y after the last day of the period in respect of which such wages a re paya ble; b)in case of the employment of such building worker is terminated by or on behalf of such employer, the wages earned by such building worker are pa id before the expiry of the second working day from the day on which employment of s uch building worker is termina ted. c)all payments of wages are made on a working day at such constr uction site and during the working time and on a date notified in advance and in ca se the work is completed the final payment or wages is made within forty hours of such completion of work. 249. Display of notices of wage regarding date of payment of wages:- An employer shall ensu re at a construction site of a building or other construction work that a notice showing the period for which wa ges are to be paid, place and time of disbur sement of such wages is displayed at a conspicuous p lace of such construction site in English, in Hindi and in a local language understood by the majority of building workers employed at such constr uction site. PART – V MISCELLANEOUS PROVISIONS CHAPTER - XXX POWERS OF CHIEF INSPECTOR OF BUILDING AND CONST RUCTON AND INSPECTORS. 250. Power to engage experts, a gencies:- 1)The Chief Inspector of Building and Construction may engage experts or agencies as deemed necessary from the fields of civil engineering, struct ural engineering, architectur e and other disciplines of occupational safety, health and environment as and when required, for the purpose of conducting any inspection, investigation or enquiry into the cause of an accident or a dangerous oc cur renc e or other wis e. 2)The experts referred to in sub-rule (1) shall a)possess a degree in the relevant field fr om a recognised university; b)possess not less than ten years experience of working in the r elevant field out of which at least five years shall be in the field of occupationa l safet y, health and environment. 2A) Agencies r eferred to in sub-r ule (I) sha ll be of national standing in the relevant field a nd registered under the r eleva nt la w. 3)The State Government may, from t ime to time, pr epare a panel of experts and agencies referred to in sub-clause (1) 4)An engineer or expert or a gency employed under sub-rule (1) shall be paid such traveling allowances a nd daily allowa nces ar e allowed to him by his organisation where he is employed or such tra veling allowance and daily allowance as is admissible to officer of the rank of a Depu ty Secretary to the Government of Mizoram. 5)In addition to travelling allowance and daily allowance referred to in sub-rule (4) to an engineer as a rchitect or agency, they shall also be paid honorar ium at the ra tes as may be specified by the State Government by notifica tion on the official Gazette from time to time. - 72 - Ex-134/2016 251. Powers of Inspectors:- 1)An Inspector may, at a construction site of a building or other construction work within local limits for which he is a ppointed:- (i) examine such constr uction site or place or premises used or to be used for such building or other construction work; (ii) take on the spot or otherwise such evidence any person which he may deem necessary for the purpose of any examination or enquiry connected with such building and other cons truction work directly or indirectly; provided tha t such person shall not be compelled to answer any question or give any evidence tending to incriminate him; (iii) take phot ographs, video clips, sample weight or measure or record or make such sketches ma y consider necessa ry for the purpose of any exa mination or inquiry u nder these rules; (iv) hold an inqu iry into the ca use of any accident or dangerous occu rrence which he has reasons to believe was the result of any operation connected with or incidental to such building or other construction work or of non-compliance with any of the pr ovisions of the Act or t hese ru les. 2)An Inspector may, with in the local limits for which he is appointed issue show cause notice or warning to employer s regar ding the safety, healt h or welfare of building workers provided under the Act or the rules. 3)An Inspector may, within the local limits for which he is appointed, file in a court ha ving jurisdiction a complaint or other proceeding relating to an offence under the Act. 4)An Inspector may within the local limits for which he is appointed, direct any contra ctor or any employer for getting the building workers medically examined in accordance with the provisions of t hese r u les. 5)An Inspector may, within the local limits for which he is appointed require a person having power of supervision and control of a construction site of a building or other constr uction work or the employer, pr oject in-charge or site in charge of such construction site, as the case may be, to provide such means or assistance as may be required by such Inspector for entry, inspection, exa mination or inquir y for the exercise of his powers under sub-section (1) of section 43 of the Act or this rule in relation to such construction site, or project. 252. Prohibition order:- 1)If it appear s to the Inspector tha t any site or place at which any building or other construction work is being carried on, is in such condition t hat it is dangerous to life, safety or healt h of building workers or the general public, he may, in writing, serve on the employer of building workers or on the owner of the establis hment or on the person in cha rge of such site or place an order pr ohibiting any building or other construction work at such s ite or place until mea sure have been taken to remove the ca use of the da nger to his sa tisfact ion. 2)An Inspector serving an order under sub-rule (1) of shall endorse a copy to the Labour Commissioner. 3)Such prohibition order shall be complied with by the employer forthwith. 4)Any person aggrieved by an or der under sub-rule (1), may, within fifteen days from the date on which the or der is communicated to him, may prefer an appeal to the Labour Commissioner or in t he Depar tment of Labour, Mizor am and the Labour Commissioner or the Secretary, as the case may be, shall after giving the appellant on opportunity of being heard, dispose of the appeal as expeditiously as possible. Provided tha t the Labour Commissioner or the Secr etary t o the Government of Mizoram in the Department of Labour, as the case may be, may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. - 73 -Ex-134/2016 Provided fur ther that the prohibition sha ll be complied with, pending the decision of the Labour Commissioner or the Secreta ry to the Government of Mizoram in the Labour Department. 253. Constitution of the Boa rd – (1) The Board shall consist of – i)A Chairperson to be appoint ed by the State Government; ii)A member to be nominated by the Central Government; iii) Not more than five persons representing the building a nd other constr uction workers of whom one shall be a woman to be nominated by the State Government; iv) Not more tha n five persons representing employers of building and other construction workers to be nomina ted by the State Government; v)Not more than five members representing t he State Gover nment of whom one shall be the Chief Inspector of building and other construction of the State, one shall be a repr esentative of Finance Department, one shall be representative of Law Department, two shall b e representatives of Labour Department. (2) The terms of office of the Board shall be a period of three years commencing from the date of its constitution. 254. Filling up of casual vacancies– A member nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose pla ce he is nomina ted. 255. Meeting of t he Boa rd– The Board shall ordinarily meet once in two months: Provided that the Chairperson shall, within fifteen days of the receipt of a requisitioning writing from not less than one third of the members of the Boar d, call a Meeting thereof. 256. Notice of meeting and list of business– Notice intimating the date, time and venue of every meeting together with a list of business to be transact ed at t he meeting shall be sent by registered or by special messenger to ea ch member within seven days before the meeting: Provided tha t when the Chairperson calls a meeting for considering any matter which, in his opinion, is urgent, notice of not less than three days shall be deemed sufficient. 257. Chairperson to Preside at meetings– (1) The Chairperson shall preside over every meeting of the Board in which he is present, and if, for any reason, the Chairperson is unable to attend the meeting, any member nominated by the Cha irperson in this behalf shall preside over t he meeting. (2) When the Chairperson is absent and no member has been nominated by the Chairperson under Sub-rule (1 ), the members present sha ll elect one of t hem to preside over t he meet ing and the member so elected shall exercise the powers of the Chair person in conducting the meeting. (3) No business shall be transacted at any meeting of the Board unless at least one third of the members are present and at least one representative each of both the employers and the building workers a re present. 258. Absence from the State– If any member leaves the State for a period of not less than six months without intimation to the Chairperson, he shall be deemed to have resigned from the Board. 259. Transa ction of business– Every question consider ed at a meeting of t he Boar d shall be decided by a majority of the votes of the members present and voting. In the event of an equalit y of number of votes, the Chair person shall have a ca sting vote. - 74 - Ex-134/2016 260. – Minutes of the meeting– Every decision ta ken at a meeting of the Board shall be recorded in a minutes book at the same meeting and signed by the Chairperson. T he minutes Book shall be a permanent r ecor d. 261. Fees and Allowances– (1) Every non-official member of the Board shall be paid a sitting allowance of hundred rupees or such amount as may be fixed by the State Government fr om time to time, for attending a meeting of t he Boar d. This fee sha ll not be applicable for sub-committee meetings. (2) The Chairperson shall be paid an honorarium of Rs. 4000 per mensem. (3) Every non-official member shall be paid travelling allowance and daily allowance for attending the meeting of the Board a t such rates a dmissible to Group-A officers of the State Government. (4) The travelling allowance and daily allowance of a n official member shall be governed by the rules applicable to him for journey performed on official duties and shall be paid by the Board. 262. Appointment of Sub-Committee– (1) The Board may, with the prior approval of the State Government, constitute such sub-committees as it may deem fit for the proper discha rge of its duties and the members of such sub-committee shall be allowed travelling allowance and daily allowance at the rates and subject to the conditions specified under Rule 261 herein. (2 ) Constitution of Sub-Committee– The sub-committee shall consist of the following persons, namely:- (a ) Chair person of the Board; (b) One member r epresenting the employers; (c ) One member representing the building workers; and (d) Two members representing the Government. (3) The Chairperson of the Board shall be the Chairperson of the Sub-Committee. If the Chairperson is a bsent at any time, the members present shall elect one among them to preside over the meeting. (4) No b usiness sha ll b e trans acted a t a meeting of the sub -commit tee unless at lea st three members of t he Committee ar e present, of whom one shall be from the members representing employers and another one shall be from the members representing building workers. (5) The terms of office of the sub-committee shall be one year fr om the date of its constitution: Provided that the sub-committee shall continue in office until a new committee is constituted: Provided fu rther t hat in no case, the sub-committee shall continue beyond a period of two years fr om the date of its original constitution. (6) The recommendation of the sub-committee shall be placed before the Boar d for its decision. 263. Opening of Districts and Sub-divisional offices– The State Government may open District and Sub-Divisional level offices as it may cons ider desirable for the purpose of implementing the Act and the welfar e schemes. 264. Power and duties of the Boa rd– (1) The Board shall be responsible for – (a ) All matters connected with the administr ation of the fund; (b) Laying down policies for the deposits of the amount of the fund; (c ) Submission of annual budget to the State Government for sanct ion; (d) Submission of annua l report to the State Government on the activities of the Board; ( e) Proper maint enance of accounts; (f) Annual audit of accounts of the Board in accordance with section 27 of the Act; - 75 -Ex-134/2016 (g) Collection of contr ibution to the fund and other charges contributed by the beneficiar ies; (h) Launching of prosecutions for and on behalf of the Board; (i) Speedy settlement of claims and sanction of advances a nd other benefits; (j) Proper and timely recover y of any amount due to the Board; (2) The Board shall fur nish information to the State Government on such matters a s the State Government may refer to it, from time to time. 265. Secretary to Board – (1) The Secretar y of the Board shall be the Chief Executive Officer of the Board. (2) The Secretar y shall, with the appr oval of the Cha irperson, convene meeting of the Board and keep the record of minutes and shall take necessary steps for carrying out the decision of the Boa r d. 266. Appointment of Secretary and other officers and staff – (1) The Board shall, with the prior concurrence of the Sta te Government, appoint an officer of the Sta te Government not below the rank of Deputy Labour Commissioner a s Secreta ry of the Boa r d. (2) The Board shall, with the prior concurr ence of the Government, appoint officers a nd staff on co- t erminu s or dep u ta t ion ba s is a s p er t he R ecr u it ment Ru les/ S er vice Ru les fra med a nd a pp r oved by the Government of Mizoram, to assist the Boa rd in t he efficient discharge of it s funct ions under the Act. (3) The salaries and allowances and other terms and condit ions of service of the officer appointed as S ecretar y shall be determined by the State Government as per Rules and Orders for the time being applicable to such category and classes of officers under the Government. (4) The salaries and allowances and other terms and conditions of service of the officers and staff appointed on co-terminus or deputa tion ba sis sha ll be pr escribed by the State Government. 267. Administr ative and fina ncia l power of the Secreta r y – (1) The Secreta ry of the Board may, without reference to the Board, sanct ion expenditure and contingencies for supply services, purchase of articles, refund for administering the fund subject to the limits up to which he may be authorized to sanction expenditure on any single item from time to time by the Board. (2) The Secretar y may also exercise such other administrative and financia l powers other than those specified in Sub-rule (1) above, as may be delegated to him, from time to time by the Board. (3) The Board ma y, from time to time delegate, subject to such conditions as it ma y deem fit, administrative and financial powers to any other officer under its cont rol and supervision to the extent cons idered necessa ry for its efficient functioning. 268. Registration of beneficiary – (1) Every building wor ker who is a citizen of India who ha s completed 18 years of age but has not completed 60 years of age and who is not a member in a ny other welfar e fund established under any law for the time being in force shall be eligible for membership in the F und. (2) An application for registration of beneficiary shall be made in form XXVII along with a certificate to p rove the age of the applicant a s specified below – i)School records; ii)Certificate from the Registrar of Births and Deaths; iii) In the absence of the above certificate, a certificate from a Medical Officer not below the rank of an Assistant Surgeon in Government Service iv) Electoral Photo Identity Card (EPIC) (3) Certificate from the employer or contract or that the applicant is a construct ion worker shall be produced along with the applicant for registration. In case such a certificate is not available a certificate issued by the registered Construct ion Wor kers’ Unions or a Certificate issued by - 76 - Ex-134/2016 the Labour Inspector of the concerned area or by Autonomous District Council may be considered. (4) Every building wor ker eligible to become a beneficiary to the Fund shall submit an applica tion in F orm No. XXVII to the Secretary or to a n officer authorized by him in this behalf. Every such application shall be accompanied by the documents mentioned in this rule and a registration fee of Rs. 25 (Rup ees Twenty Five). (5) Wher e the S ecretary or an officer authorized by him, is satisfied that the applicant fulfils the conditions, such building worker shall b e registered as a member. (6) Any person may within thir ty days; file an appeal to the State Government against the decision taken under sub-rule (5) a nd the decision of the State Government thereon shall be final. (7) The building worker shall also file a nomination in Form No. XXVIII. T he nomination shall stand revised in the name of the spouse on his acquir ing a family or on the happening of any legal change in the status of the family. (8) The Secreta ry or other officer authorized by him in this behalf shall issue to every beneficiary an identity card with a photo of t he beneficiary duly affixed there on in Form No. XXIX and maintain a register of identity cards so issued in Form No. XXX. 269. Contribution to the Fund – (1) A beneficia ry of the fund shall contribute to t he fund at such rate as may be specified by the State Government, by notification in the Officia l Gazette. The contribution shall be remitted on annual basis in any of the banks specified by the Board in the district in which the member resides. (2) If a beneficiary commits defaults in the payment of contribution cont inuously for period of one year, he shall cease to be a beneficiary of the Fund. However, with the permission of the Secr etary or an officer authorized by him in this behalf, the membership may b e resumed on repa yment of arrear s of contribution with a fine of Rs. 3 per month subject to the condition that such resumption sha ll not be allowed more than twice. 270. Duty of the employer to file r eturns – (1) Every employer shall, within 15 days from the commencement of these Rules send to the Secr etary, a consolidated r eturn containing the particulars of t he building wor kers entitled t o be registered showing their ba sic wages, allowances and amount being spent for the free supply of food, if any. (2) Every employer sha ll, before the fifteenth day of ever y month send to the Secretar y, a return in F orm No. XXXI s howing the deta ils of the wor kers entitled to be registered as well as those left the service during the preceding month. (3) Every employer shall furnish to the Secretary, in Form No. XXXII, particulars r egarding the branches, Directors, Managers, Par tners, Person/Persons who has/have the ultimate control over the affairs of his establishment. 271. Maintenance and production of Records and Registers – (1) Every employer sha ll maintain a Register showing the particu lars of the building workers and a Register of cont ribution in such form as may be dir ected by the Secretar y or other officer authorized by him. (2) Every employer shall whenever the Secretar y or any other officer authorized by him required in person or by notice in writing, produce the r ecords in resp ect of the building worker, shall deliver such recor ds to the officer concerned in time and if the records a re not returned he shall issue a receipt for the records so retained by him. - 77 -Ex-134/2016 272. Tra nsfer of a ccumulation in any Existing Fund – (1) If a worker who becomes a member of the Fund is a member of another Welfar e Fund, the concerned authorities shall transfer such deposit s in the name of that member to this F und. (2) The authority of t he other welfa re fund shall, furnish to the Secretary or any other officer authorized by him in this behalf a statement s howing the total accumulation in the credit of ever y member on the date of transfer under sub-r ule (1) and the amount of advance if any taken by the member. 273. Mater nity Benefit – The female worker who is beneficiary of the fund shall be given Rs. 1000 each as maternity benefit during the period of maternity on an application made by her in Form No. XXXIII accompanied by medical cer tificate from r egister ed medic al Officer. “274. Eligibility for welfa re pensions –A member of the fund who has been working as a building worker for not less than one year after the commencement of these rules sha ll on completion of sixty yea r s of age, be eligible for welfare pension. The welfare pension will become paya ble from the f ir st day of the succeeding month in which he completed 60 years of age. 275. Procedure of payment of welfare pension – (1) An application for welfare pension shall be submitted in Form No. XXXIV to the Secretar y of the Board or the officer a uthorized by him for the purpose. (2) If in the opinion of the Secretary of the Board or the officer a uthorized by him, the applicant is eligible for pension, he shall sanction the welfare pension and send the welfare pension sanctioning order to the applicant. Provided that no application sha ll be r ejected unless the applicant has been given an opportunit y of being heard. (3) If it is found that the applicant is not eligible for welfare pension, the application shall be rejected and the applicant shall be informed accordingly. (4) The applicant may file an appeal before the Board against the decision taken under sub-rule (3) within 60 days from the date of the receipt of the or der. T he Board may, for sufficient reason in writing, condone the delay up to one year in filing the appeal. (5) The amount of pension shall be Rs. 150 per mensem. An increase of Rs. 10 shall be given for ever y completed year of service beyond 5 years. The Boar d may, with the previous appr oval of t he Gover nment, revise the amount of welfa re pension. (6) The welfare pension sanct ioning authority shall maint ain a r egister in For m No. XXXV. 276. Advance for purchase or construction of house – (1) The Board may on application by a beneficiary, sa nction an amount not exceeding Rs. 50,000 as a dvance for the outright purcha se of a house or constr uction of a house. The beneficiary shall along with the application in Form No. XXXVI produce such documents as ma y be specified by the Board. (2) No advance under Sub-rule (1) sha ll be sanctioned to those who do not have membership in the fund continuously for five yea rs and having 15 years service for superannuation. (3) A completion certificate shall be submitted to the Secretary of the Boar d within six months from the date of dr awal of advance. The a mount sa nctioned as advance shall be recovered in equa l installment as may be fixed by the Board. 277. Disability Pension– (1) The board ma y sanct ion an amount equivalent to welfare pension as disa bility pension to a beneficiary who is permanently disabled. In addition to this p ension he will be eligible for an exgr atia payment of not mor e than Rs. 5,000 depending upon the percentage of disability and subject to such conditions as may be fixed by the Board. - 78 - Ex-134/2016 (2) The application for disability pension and exgratia payment under sub-rule (1) shall be made in Form No. XXXVII with such certificates and other docu ments a s may be specified by the Boar d. 278. Loan for the purchase of tools –An amount of Rs. 5,000 will be sanctioned as loan to the members of the fund, for the purchase of tools. Those who have completed 3 years membership in the fund and those who remit contribution regularly will be eligible for this loan. The beneficiary should not have completed 55 year s of age. The loan amount shall be recovered in not more than sixty installments. An application in Form No. XXXVIII shall be made for this loan with such other docu ments a s may b e specified by the Board. 279. Pa yment of funera l Assistance – T he Boar d may sanction an a mount of R s. 1,000 to the nominees/dependents of a deceased member, towar ds funeral expenses. An application in Form No. XXXIX shall be submitted for this benefit. 280. Payment of Death Benefit - (1) The Board may sanction an amount of Rs. 15,000 to the nominees/dependents of a member, towards death benefit, in case of death. If the death is due to an accident during the course of employment, the nominees/dependents of the member shall be given Rs. 50,000 towards death benefit. (2) Application for Death Benefit – A nominee who is entitled to death benefit under this rule s hall submit to the Secr etary or any other officer authorized by him an application in F orm No. XL. A certificate regar ding the death issued by a registrar of birth and death or a Government doct or not below the rank of an Assista nt Surgeon shall be pr oduce a long with the applica tion and other documents specified by the Board. (3) The Secretar y or the officer authorized by him may on receipt of the application conduct an enquiry with regar d to the eligibility of the applicant. (4) If the Secretary or the officer authorized by him is satisfied tha t the beneficiary who has applied for financial assistance is entit led for such benefit he may sanction the amount. (5) The sanctioning Aut hority shall maintain a register for this p urpose in Form XLI. (6) A person aggrieved by any decision taken under sub-rule (3) may file an appeal before the Boar d within 60 da ys from the date of receipt of the order under the sub-rule and the decision of t he Boar d thereon shall be final. 281. Cash Award – The Board may give every year cash awards to three male and three female children each of the beneficiaries in each distr ict at the rate of Rs. 1000, Rs. 750, Rs. 500 who scores highest mar k in HSLC. An a pplication in F orm No. XLII shall be submitted with such documents and within such time as may be specified by the Board. 282. Education Institution – The Board may star t educationa l institution with a view to provide job oriented technical education to the children of the beneficiar ies. 283. Medical Assistance to beneficiaries – T he Board may sanction financial assista nce to the beneficiaries who a re hosp italized for five or more days due to accident or any disease. The financial assistance shall be Rs. 200 for the fir st 5 da ys and R s. 20 each for the remaining days subject to a maximum of Rs. 1000. This assistance shall also be given to the beneficiary who meet with an accident and put in plaster at his residence. If disability is resulted due to accident, the worker shall be eligible for a fina ncial a ssistance up to a maximum of Rs. 5,000 depending on the disability. The application in Form No. XLIII sha ll be su bmitted with such other documents as may be specified by the Board. - 79 -Ex-134/2016 2 8 4 . Fina ncial a ssistance for education – Children of the members shall be eligible for such financial assistance a s may be determined by the Board for such courses of study as may be specified by the Boar d from time to time. An application in Form No. XLIV shall be submitted with such documents and within such time as may be specified by the Board. 2 8 5 . Financial Assistance for Marriage – The building workers having continuous membership for 3 year s shall be eligible to get financial assistance of Rs. 2,000 for the mar riage of their children. A female member of this Fund is also eligible for same a ssistance for her own marriage. This assistance shall be sa nctioned for the marr iage of upto two children of the beneficiar y. An a pplication in Form No. XLV sha ll be submitted along with s uch other docu ments a s may be specified by the Board. 2 8 6 . Family Pension– In the event of death of pensioner, family pension shall be given to t he surviving spouse. The amount of pension will be 50 % of the pension received by the pensioner or Rs. 300 whichever is higher. An a pplication in Form No. XLVI shall be submit ted with such documents as may be specified by the Board within 3 months from the date of death of the pensioner. 2 8 7 . Recovery of adva nces a nd loa ns– T he Board shall have the power to stipulate the conditions for r ecovery of loan and adva nce. 288. Refund of the contribution of deceased member – (1) On t he death of a member, the amount of contribution sta nding in his cr edit shall be given to his nominee. In the absence of nominee, the amount shall be paid to his legal heirs in equal sha res. (2) All financial benefits under these rules other than death benefit a nd medical assistance for accidents shall become pa yable only after one year of person becoming a member of t he Fund. 289. Withdra wal to pay p remium for Life Insura nce P olicy – (1) Sanction ca n be accorded to a member of the fund for r emitting the premium for Life Insur ance Policy from the amount standing in his fund. Wit hdrawal of amount for this purpose shall not be allowed more than once in a year. (2) The full pa rticular s of the policy shall be furnished to the Secretary of the Board in such form as ma y be sp ecified from t ime to t ime. (3) No a mount more than that a ctually required for r emitting the pr emium, shall be sanctioned from the amount standing in the credit of a member. 290. Assignment of P olicy to t he F und – (1) Within 6 months of the withdrawal of the amount the policy shall be assigned to the Secretary of the Boar d as Security for the amount withdr awn. (2) While accor ding sa nction for withdrawing an amount for remitting premium in receipt of an old policy, the Secreta ry of the Board shall ensure from the Life Insurance Corpora tion whether that policy is fr ee from any encumbra nces (3) No changes in the policy on transfer to a nother policy shall be made without the previous appr oval of the Secretary of the Board and the particulars regarding the cha nges in the policy or the transfer to the new one shall be furnished to the Secretary of the Board in such for m as may be prescr ibed by him. (4) If the policy is not so assigned and entrusted, the member shall immediately remit to the fund any amount withdra wn from the fund for the policy together with interest a t such rate as may be fixed by the Board in consult ation with the State Government. 291. Returning of the Policy – The Board shall return the policy in the following circumstances, namely:- - 80 - Ex-134/2016 i)On the member leaving service permanently on superannuation; ii)On the member leaving service permanently due to physical or mental disability; iii) On t he deat h of the member before he leaves t he service; iv) On the maturity of the policy assigned before the member leaves service or on the member becoming entitled to receive payment of the money in any other manner. 292. Account – (1) Excluding the administrative expenses, all interest, rent and other income realized and all profits or losses, if any, on the investment shall be credited or debited, as the case ma y be, to an account called the “Interest Suspense Account.” (2) The Secreta ry of t he Boar d or any other officer author ized by him shall submit a statement to the Government on 15th day of Mar ch every year or on such other date as the Government may specify, an annual report appending a classified of the a ssets of the fund. 293. Investment of amount –All moneys belonging to the fund may be invested in the Nationalized Banks or Schedules Banks or in the securities referred to in clauses (a) to (d) of Section 20 of the Indian Trust Act, 1882 (Central Act 2 of 1882). 2 9 4 . Utilisation of the Fund– The fund shall not, without the previous approval of the State Government, be expended for any purpose other than those mentioned in the Act and Rules. 295. Expenditure from the Fund – (1) All expenses for the administration of the fund, fees and allowances of the Directors of the Board, Salaries, Leave Salaries, Joining time pay, Travelling allowance, Compensatory Allowances, Charger Allowance, Pension contribution and other benefits or personnel expenses, for the legitimate needs of the Board and the stationery expenses shall be met from the Administrative Account of the F und. (2) The amounts incurred by the State Government for the administr ation of the fund shall be treated as a loan which s hall be repaid from the Administrative Account. 296. Copies of the registers and reports to be furnished – The Secretary of the Board shall furnish copies of r egisters and annual report of the fund to any employer or member of the fund on writ ten application and on payment of such fees as may be specified by the Board in this behalf with the approva l of the State Government. 297. Recovery of arr ears – If any amount due from an employer or a member is in arrears, the Secr etary of the Board or any other officer authorized by him, in this behalf shall, after a scertaining the amount of arrears, issue a certifica te for that amount to the Collector of the District concerned. On r eceipt of the certificate the Distr ict Collector shall r ecover the amount in the same manner as arrears of public r evenue due on land. 298. Execution of contra ct– All order and ot her instruments shall be made and executed in the name of t he Boar d and shall be authenticated by such persons as the Board may specify. 299. Interpretation –If a ny question ar ises relating to the interpretation of the r ules, it shall bereferred to t he State Government whose decision t hen shall be final. 300. Repeal and Saving – The Mizoram Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008 ar e hereby repea led: Provided that any order ma de or a ction taken in accordance with the rules so repealed shall be deemed to ha ve been made or taken under the corresponding provisions of these rules. - 81 -Ex-134/2016 SCHEDULE – I (See rule 56 (a), 71 (1)(ii)) MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING APPIANCE,LIFTING GEAR AND WIRE ROPE INTO USE FOR THE FIRST TIMETest Loads:- (1) Lifting Appliance: Every lifting appliance with its necessa ry gear, shall be subjected to a test load which shall exceed the safe working load (SWL) as specified in the following table:- TableSafe working load Test load Upto 20 tonnes 25 percent in excess of self working load 20 to 50 tonnes5 tonnes in excess of safe working load over 50 tonnes10 p ercent in excess of sate working load (2)Lifting gear Every ring, book, cha in, sha ckle, swivel, eye-belt, state clamp, triangular plate or pulley block (except single sheave block) shall be su bjected to a test loa d which shall not be less than the load as specified in the following table:- Table Safe working loadTest load (in tones) Upto 252x s afe working load Above 25(1.22x safe working load) + 20 (a ) In t he case of a single shave block, the safe working load shall be the maximum loa d which can safely be lifted by the block when suspended by its head fitting and the load is attached to a rope which passes around the sheave of the block and a test load not less than four times for proposed safe working load shall be applied to the head of the block. (b) In the case of a multi sheave block, the test load shall not be less than the load as specified in the following table:- Table Safe Working Load(in tones)Test Load (in tones) Upto 252Xsafe working load 10 to 160(1.04 X safe working load) +9.6 Above 1601.1xsafe working load (c ) In t he case of hand operated pulley blocks used with pit ched cha ins and rings, shackle or swivels, permanently attached thereto, a test loa d not less tha n 50 percent in excess of the self working load shall be applied. (d) In t he case of pulley block fitted with a bucket, the bucket shall be tested and the load applied to the bucket when testing that block will be accepted as test load of the bucket. ( e) In the case of a sling having two legs, the safe working load shall be calculated when the a ngle between the legs in 90 degree, In case of multi-legged slings the safe working load shall be calculated as per national standards. (f) Every lifting beam, lifting frame, cont ainer spreader, bucket, tub or other simila r devices shall be subjected to a test load which shall not be less than the loa d as specified in the following table:- - 82 - Ex-134/2016 Proposed safe working load(in tones)Test load (in tones) Upto 102x s afe working load 10 to 160(1.04x safe working load)+9.6 Above 1601.1 x safe working load (g) Wir e ropes:- In c ase of wire ropes a s ample s ha ll be tested to dest ruction. The t est procedure sha ll b e in accordance with recognized nationa l standards. T he safe working load of the rope is t o be determined by dividing the load at which the sample broke by a co-efficient of utilization, determined as specified to t he following table:- Table ItemCo-efficient of utilization (1)(2) (a) Wire rope forming part of sling. Safe working load of the sling: 5 Safe working load upto and equal to 10 tonnes 10 Safe working load above 10 tonnes and upto and equal to 160 tonnes (8.85 x SWL) + 1910 Safe working load above 160 tonnes. 3 (b) Wire rope as integral part of a lifting application SWL of the 10 lifting appliance. Safe working load upto and equal to 160 tonnes (8.85 x SWL) + 1910 Safe working load above 160 tonnes3 (h) Before any test is carried out, a visua l inspection of the lifting a ppliance or lifting gear involved shall be conducted and any visible defective gear sha ll be replaced or renewed. (i) After being tested all the lifting gear shall be examined to s ee whether any parts have been injured or perma nently deformed by the test. PROCEDURE FOR TESTING:- (3) Derricks:- (a ) A derricks shall b e tested with its boom at the minimum angle to the horizontal for which the derr ick is designed (gener ally 15 degrees) or at such gr eater a ngle as may be agreed. The angle at which the test ha s been carried out shall be mentioned in the test certifica te. The test load shall be applied by hoisting moveable weights. During t he test , the boom sha ll be swung with the test load, as far as pract icable, in both directions. (b) A derricks boom, designed to be raised with power, with the load suspended shall in addition to the tests a t (a), be raised (with the load suspended) to its maximum wor king a ngle to the horizontal and the two outermost positions. (c) while test loading of a heavy lift derrick, the competent person responsible for test using moveable weights shall ascertain from the owner of the vessel or floating platform that the stability of the vessel or platfor m is adequate for the test. (4) The derricks tested under clause (3) shall not be used in union purchase rig unless. (a ) The derricks rigged in union pur chase a re tested with the test load appropr iate to the SWL in Union purchase (at the designed headroom and with the derricks brooms in their appr oved working position); (b) the safe wor king load of t he derricks in union pu rchase rig has also been specified by the competent person in a report in Form – V; (c ) any limitation or conditions specified in the said report are compiled with; and (d) the two hoist ropes are coupled together by a suitable swivel assembly. Note:-The safe working loads of derricks (for each method of a rig including union purchase) shall be shown on the certificate of test and marked on the der rick booms. - 83 -Ex-134/2016 (5) Lifting appliances:- (a ) The test load shall be lifted and swung, as fa r as possible, in bot h directions. If the jib or boom of the crane has a variable radius, it shall be tested with test loads at the maximum and minimum radii. In case of hydraulic cranes when owing to limitation of pressure, it its impossible to lift a test load in accordance with table under item (1) it will b e sufficient to lift the greatest possible load which shall be mor e than safe working load. (b) The test shall be performed at a maximum, minimum and intermediate radius points as well as such points in the arc of rotation, as the competent person may decide. The test shall consist of hoisting, lowering, breaking, and swinging and swinging through all positions a nd opera tion normally performed. An additional test shall be made by operating the machiner y at maximum working speed with the safe working load suspended. (6) Use of spring or hydraulic balance, etc. for test loading: All tests shall nor mally be carried on with the help of dead weights, In case of periodical test, replacement or renewals, test loa d may b e applied by means of suitable springs or hydraulic balances. In s uch case, test load sha ll be applied with the boom a s far out as pr acticable, in both dir ections. The test shall not be ta ken as satisfa ctor y unless the balance has been certified for accura cy by the competent authority within 2.0 percent and the pointer of the ma chine has remained constant at the test load for a period of at least five minutes. (7) Test ing machines and dead weights: (a ) A suitable testing machine shall be used for testing of chains, wir e ropes and other lifting gears. (b) Test ing machines and balances to be used in test loading, testing and checking shall not be unless they have been certified for accuracy at react once in the pr oceeding twelve months by the competent authority. (b a) Mova ble weights used for the test loading of the lifting appliances having a safe working load not exceeding twenty tones shall be checked for a ccuracy by means of suitable weighing machine of certified accur acy. (c ) Thor ough examination after testing or test loading; After being tested or test loaded, every lifting appliance and associated gear shall be thoroughly examined to see tha t no pa rt has been damaged or permanently deformed during the test. For this purpose, the lifting appliance or gear shall be dis mantled to the extent consider ed necessary by t he competent person. SCHEDULE – II Notifiable Occupational Diseases in Building and Other Construction Work [ (See rule 230 (a) ] 1.Occupational dermatitis. 2.Occupational Cancer. 3.Asbestosis. 4.Silicosis. 5.Lead poisoning including poisoning by any preparation or compound of lead or their sequelae. 6.Benzene poisoning, including poisoning by any of its homologues, their nitr o or anima derivatives or its sequelae. 7.Occupational asthma. 8.Pest icide poisoning. 9.Carbon monoxide poisoning. 10. Toxic jaundice 11. Toxic anemia. 12. Compressed air illness (Caissons disease) 13. Noise induced hearing loss. 14. Isocyanides poisoning 15. Toxic nephritis. - 84 - Ex-134/2016 SCHEDULE – III (See rule 231 (b) CONTENTS OF A FIRST- AID BOX(i)A sufficient number of eye wash bottle filled with distilled water or suitable liquid clearly indicated by a distinctive sign which shall be visible at all times. (ii)4 Percent xylocaine eye-dr ops, and boric acid eye-drops and soda bica rbonate eye-dr ops. (iii)Twenty four small sterilized dress ings (iv)Twelve medium size sterilized dressings. (v)Twelve large size st erilized dressings. (vi)Twelve large size steriliz ed burn dr essings. (vii)Twelve (fifteen cm) packets of sterilized cotton wool. (viii) (Two hundred ml) bottle of certimide solution (1 percent) or suitable anti-sept ic solution. (ix)One (two hundred ml) bottle of mercurochr ome (2 percent) solution in wa ter. (x)One (one hundred twenty ml) bottle of salvolatile having the doses a nd mode of administra tion indicated on the label (xi)One pair of Scissors. (xii)One roll of adhesive plaster (s ix cm x one metre) (xiii) Two roll of adhesive plaster (t wo cm x one metre) (xiv) Twelve piec es of s teriliz ed eye pads in separa te sealed packets. (xv)A bottle containing hundr ed tablets (ea ch of three hundred twenty five mg) of aspirin or any other analgesic. (xvi) Twelve roller bandages ten cms wide. (xvii) Twelve roller banda ges five cms wide. (xviii) One tourniquet. (xix) A Supply of suitable splints. (xx)Three packets of safety pin. (xxi) Kidney tr ay. (xxii) A snake bite lancer. (xxiii) One (thirty ml.) bottle containing potassium per manganate crystals. (xxiv) One copy of first and leaflet issued by the Directora te General. (xxv) Six triangular banda ges. (xxvi) Two pairs of suitable, sterilized, latex hand gloves. SCHEDULE – IV [ See rule 226 (c) ] ART ICLE FOR AMBULANCE R OOM i)A glazed sink with hot and cold water always availa ble. ii)A table with a smooth top at least 18 km x 105 cm iii)Means for sterilizing instruments. iv)A couch. v)Two stretchers. vi)Two buckets or container with close fitting lids. vii)Two rubber hot water bags. viii)A kettle and spirit stove or other suitable means of boiling water. ix)Twelve plain wooden splints 900 cm x 100 cm x 6 cm. x)Twelve plain wooden splints 350 cm x 75 cm x 6 cm xi)Six plain wooden splints 250 cm x 50 cm x 12 cm. - 85 -Ex-134/2016 xii)Six wooden blankets. xiii)Thr ee pair s arter y for ceps. xiv)One bottle of spiritus anemic aremations (120 ml) xv)Smelling Sa lt (60 gm) xvi)Two medium size sponges. xvii) Six hand towels. xviii) Four kidneys trays. xix)Four cakes of toilets, preferably anti septic soap. xx)Two glass tumblers a nd two wine glasses. xxi)Two clinical thermometers. xxii) Two tea spoons. xxiii) Two graduated (120 ml) measuring glasses. xxiv) Two minimum measuring glasses. xxv) One wash bottle. (1000 cc) for washing r yes. xxvi) One bottle (one lit re) carbolic lotion 1 in 20 xxvii) Thr ee chair s. xxviii) Onescreen. xxix) One electric hand torch. xxx) Four first a id boxes or cupboards shocked to the standards prescribed in the schedule – VII xxxi) An a dequate supply of teta nus toxide. xxxii) Injections-morphina , pethidine, atrophine, adrenaline, coramine, novacaine (6 each). xxxiii) Cramine liquid (60ml) xxxiv) Tablest antihistamine antispasmodic (25 each) xxxv) Syrings with needles 2 cc, 5 cc, 10cc, and 500cc xxxvi) Three surgical scissors. xxxvii) Two needles holders big and small xxxviii) Sutur ing needle materials. xxxix) Three dissecting for ceps xl)Three dress ing for ceps xli)Three scalpels. xlii)One stethoscope and a BP apparatus. xliii)Rubber bandage pressure attachments. xliv) Oxygen cylinder with necessary a ttachments. xlv)Atropine eye ointments. xlvi) IV Fluids and sets 10 Nos. xlvii) Suit able, foot operated, covered, refuse containers. xlviii) Adequate number of sterilized, paired, latex hand gloves. SCHEDULE – V (See rule 227) CONTENTS OF AMBULANCE VAN OR CARRIAGEThe Ambulance Van shall ha ve equipments prescribe as under:- (a ) General : A portable str etcher with folding and adjusting devices with the Head of the stretcher capable of being titled upward fixed auction unit with equipment. Fixed oxygen supply with equipment. Pillow with case, sheets, blankets, towels, emer gency bag, bed pan, ur inal glass. (b) Safety equipment:- Flares with life of three thousand minutes, floor lights, flash lighter, fire extinguishers (dry power type) insulated gullets. (c ) Emergency Car e Equipment:- - 86 - Ex-134/2016 (i)Resuscitation :- por table suction unit, portable Oxygen unit, ba gvalve mask, ha nd oper ated artificial ventilation unit, airways, mouth tracheotomy adapters shor t spine board ,I.V. Fluids with administration unit, B.P. ma nometre cuff stethoscope. (ii)Immobilisation:- Long and short pa dded boards, wire ladder splints, tr iangula r has dage- long and short spine boa rds. (iii)Dressing :-Gauaze pads 100m x 100 mm, universal dressing 250 x 1000 mm, roll of aluminum foils-soft roller bandages 150 mm x mm yards adhesive tape in 75 mm roll safety pins, bandages sheets burn sheets. (iv)Poisoning :- syr up of Ipcap, a ctivated charcoal prepackaged does, snack bite kit, drinking wa t er. (v)Emergency Medicines:- As per requirement (under the advice of construction Medical Officer) SC HEDULE – VI PERMISSIBLE EXPOSURE IN CASES OF CONTINUOUS NOISE.(See rule 34) Notes:-1. No exposure in excess of 115 dBA is to be permit ted. 2. For any per iod of exposur e falling in between any figures and the next higher or lower figure as indicated in column (1), the permissible around pressure level is to be determined by extr apolation on a proportionate ba sis. SCHEDULE – VII PERIODICTY OF MEDICAL EXAMINATON OF BUILDING : WORKERS [ (See rule 81 (iv) and 223 (a) (iii)] 1.The employer shall arrange a medical examination of all the building workers employed as drivers, operators of lifting appliance and transport equipment before employing, after illness or injury, if it appears tha t the illness or injur y might have affected his fitness a nd, thereafter, once in every two year s upto the age of forty and once in a year, thereafter. 2.Complete and confidential records of medical examination sha ll be maintained by the employer or the physician a uthorised by the employer. 3.The medical examination sha ll include:- a.) Full medical and occupational history. b.) Clinical examination with particular r eference to Total time of exposure (excellence or a number of Sound level Pressure share term exposures) per day (in hours) (in dBA) 1 28 90 6 92 4 95 3 97 2 100 1. ½ 102 1 105 3/4 107 1/2 110 1/4 115 - 87 -Ex-134/2016 i.)Gener al Physique. ii.) Vision- Tota l visua l perfor mance using sta ndard or thorator like Titmus Vision Testor should be estimated and suitability for placement ascertained few place ment in accordance with the prescr ibed job standa rds. iii.) Hear ing- Person with normal hearing must be able to hear a forced whisper at twenty four feet, Person using hearing aids must be a ble to hear a warning shout under noisy working- conditions. iv.) Br eathing – Peak flow r ate using standard peak flow meter and the average peat flow rate determined out of these readings of t he test performed. The results r ecorded at pre-placement medical exa mination could be used as a standar d for the same individual at the same altitude for reference during subsequent examination. v. ) Upper limits – Adequate a rm function and grip (both a rms) vi.) Lower limits – Adequate leg and foot funct ion. vii.) Spine – Adequately flexible for the job concerned. viii.) General – Mental alertness and sta bility with good eye, hand and foot co-ordination. c)Any other tests which the examining doctor considers necessary. SCHEDULE – VIII ( See rule 209 (1) & 209 (2) ) NUMBER OF SAFETY OFFICERS, QUALIFICATION, DUTIES, ETC. Appointment of Safety Officers. Numb er of sa fet y officer s :-Within six months of coming into operation of these rules, every esta blishment employing more tha n five hundred building workers and every other employer of building worker shall appoint safety officers as la id down in the scale given below:- (1) upto 1000 building workers – one safety officer (2) upto 2000 building workers – two safety officers. (3) upto 5000 building workers – three safety officers. (4) upto 10000 building workers - four safety officers. For every a dditional 5000 building workers or part thereof – one safety officer. Any appoint ment, when made shall be notified to the Inspector having jurisdiction in the area giving full details of the qualification, terms and conditions of service of s uch Safety Officer. Qualification :- (a ) A person shall not be eligible for appointment as a S afety Officer unless he:- (i)possesses a recognized degree in any br anch of engineering or technology or architecture and had a pract ical experience of wor king in a building or other construction work in a supervisory capa city for a period of not less than two years on possesses a recognized diploma in any branch of engineering or technology and has had practica l experience of building or other cons truction work in a supervisory capa city for a period of not less than five years. (ii) possesses a recognized degree or diploma in industrial safety with at least one paper in construction safety (as an elective subject). (iii) has adequate knowledge of the la nguage spoken by major ity of building workers from the cons truction site in which he is to be appointed. b)Notwithstanding the provision conta ined in clause (a) any person who- (i)possesses a recognized degree or a diploma in engineering or technology or architecture and has experience of not less than five years in the field, dealing with the administration of Factories Act, 1948 or the Dock Workers (Safety, Health and Welfare) Act, 1986 or the Building and other Constr uction Workers (Regula tion of Employment and Condit ion of Service) Act, 1996. - 88 - Ex-134/2016 (ii) possess es a recognized degree or a diploma in engineering or technology and has had exp erience of not less than five year s or ha s undergoes tra ining in education, consultancy or establishment dealing with building or other construction work shall also be eligible for appointment as a safety officer. (next line separately) Provided that, in case of person who has been working as Sa fety Officer in industry or port institution or an establishment dealing with building or other construction wor k for a period of not less tha n thr ee years on the date of commencement of these r ules, the Lab our Commissioner may, subjec t to such condition tha t he ma y specify, relax all or any of the above said qua lification. Condition of service:- (a ) where number of Safety Officer ’s appointed exceeds one, one of them shall be designated as Chief Safety Officer and shall have the status higher than the others. The Chief S afety Officer shall be in over all change of the safety functions a s envisaged in sub-section (iv) and also other Safety Officers working under his control. (b) the Chief S afety Officer or Safet y Officer, where only one Safety Officer is appointed, sha ll be given the status or a Senior Executive. And the work directly under the control of his Chief Execute All other safety officer s shall be given appropriate status to enable them to dispatch their functions effectively. (c ) the scale of pay a nd allowances to be granted to the Safety Officer s including the Chief Safety officers and the other conditions of their service shall be the same as those of the Officer of corr esponding status of the establishment in which they are employed. Duties of safety officer:- (a ) The duties of a Sa fety Officer shall be to advise and assist the employer in the fulfillment of his obligations, statutory or otherwise concerning prevention of personal injuries and maintaining a safe, working environment. These duties shall include the following namely:- (i) to advise the building wor kers in planning and or ganizing measur es necessary for effective cont rol of personal injur ies. (ii) to advise on safet y aspects in a building or ot her construction work and to carry out deta iled safety studies of s elected activit ies; (iii) to check and evalua te the effectiveness of action taken or proposed to be taken to prevent personal injuries. (iv) to advise purchasing and ensuring quality of personal protective equipment confirming to national sta ndar ds; (v) to carry out safety inspections of building or other construct ion work is order to observe the physical conditions of work and the work practices and procedures followed by building workers and to render advice on measures to be adopted for removing unsa fe physical conditions and preventing unsafe a ctions by building workers; (vi) to investiga te all fatal and other selected accidents. (vii) to investigate the cases of occupational diseases constructed and reportable dangerous occurrences; (viii) to advice on the maintenance of such records as are necessary with regard to accidents, dangerous occurrences and occupational diseases. (ix) to promote the working of safety committees and to act as an a dvisor to such committees; (x) to organize, in association with concer ned departments, campaigns, competitions contests and other activities which will develop and maintain the interest and building workers in establishing and maintaining safe conditions of work and procedures; (xi) to design a nd conduct, either independently or in collaboration with other agencies, suit able training and educa tional safe conditions of work and procedures; - 89 -Ex-134/2016 (xii) to frame sa fe rules and safe wor king practices in consultation with senior officials of the establishment. (xiii) supervise a nd guide safet y preca utions to be ta ken in building and other construct ion wor k of the establishment; Facilities to be provided to safety officers:- The employer shall provide each Safety Officer with equipment a nd information that ar e necessary to enable him to dispatch his duties effectively. Prohibition of performance of other duties :- No safety officer shall be requir ed or permitted to do any work which is unconnected to, inconsistent with or detrimental to the perfor mance of his duties pr escribed in this Schedule. Exemptions:- Labour Commissioner may, in writing, exempt any employer or group of employers from any or all of the provisions of these rules subject to compliance with such alternative arrangements as may be appr oved and notified by him in the order of such exempt ion. SCHEDULE – IX (See rule 225) HAZARDOUS PROCESS :-1)Roof work 2)Steel erection 3)Work under and over water 4)Demolition 5)Work in confined spa ces. SCHEDULE – X ( See rule 225 (b)) SERVICES AND FACILITIES TO BE PROVIDED IN OCCUPATIONAL HEALTHCENTRES:-(1) One full time construction medical officer for building and other construction work, employing workers upto one thousand and one additional construct ion medical officer for ever y addit ional one thousand workers or pa rt thereof:- (2) The staff, including one nurse, one dresser-cum-compounder, one sweeper cum ward boy with each cons truction medical officer for full work hours. (3) The occupational health centre wit h a floor area of minimum fift een square metr es constituting two rooms with s mooth walls and intern service, adequately illumina ted and ventila ted. (4) Adequate equipment for day to day treatment. (5) Necessary equipment to manage any medical emergency. - 90 - Ex-134/2016 SCHEDULE – XI [ See rule 119 (2) and 225 (c) ] QUALIFICATION OF CONSTRUCTION MEDICAL OFFICER-(1) MBBS degree from a medical institute recognised by the Medical Council of India; and (2) Diploma in industrial health or equivalent post gradua te certificate of training in industr ial health or health. (3) A medical officer having working experience in organisation/establishmentS involved in policy, execution and advice and safety and health of workers employed in mines, ports a nd docks, fa ctor ies and building and other construction work for a period of not less than three years may, subject to the satisfaction of Labour Commissioner not be required to possessing the training referred to in item (2) above. (4) The syllabi of the courses leading to the above certificates and the or ganisation conducting such cour ses shall be approved by the sTATE Government of who may ALS O FROM time to time prepare a pa nel of such or ganisation. (5) Complete pa rticula rs including na me, qua lification and experience of the construction medical officer will be intimated to the inspector having jurisdict ion. SCHEDULE – XII (See rule 152 (a) ) PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN THE WORK ENVIROMENT1.Actalaldehyde100180150270 2.Acetic acid10251537 3.Acetone750178010002375 4.Aerolein0.10.250.30.8 5.Acrylonitrile – Skin (SC)24.5-- 6.Aldrin – Skin-0.25-- 7.Allyl chloride25183527 8.Ammonia210-- 9.Aniline – Skin210-- 10.Anisidine (O-, p- isomers) – Skin0.10.5-- 11.Arsenic & soluble compounds (as As)-02-- 12.Benzene (S C)1030-- 13.Beryllium & C ompound (AS Be) (SC)-0.002-- 14.Boron trifluoride – C13-- 15.Bromine0.10.70.32 16.Butane8001900-- 17.2-Butanone (Methyl ethyl Ketone – MBK) 200590300885 18.n-Butyl acetate150710200950 19.n-Butyl alcohol-Skin – C50150-- 20.Sec/tert. Butyl acetate200950-- 21.Butyl mercaptan0.51.5-- 22.Cadmium Dust and salt (as Cd)-0.05-- Permissible limit of exposureTime weighted average concentration (TWA) (8 hrs)Short term exposure limit (STEL) 15 min)SlNo Substance ppm Mg/m3**ppm Mg/m3**(1)(2)(3)(4)(5)(6) - 91 -Ex-134/2016 23.Calcium oxide-2-- 24.Carbaryl (Sevin)-5-- 25.Carbofuran (Fura dan)-0.1-- 26.Carbon disulphide – Skin1030-- 27.Carbon monoxide5055400440 28.Carbon tetra chloride – Skin (SC)530-- 29.Chlordane – Skin-0.5-- 30.Chlor ine1339 31.Chlorobenzene (monochlorobenzene)75350-- 32.Chloroform (SC)1050-- 33.bis (Chloromethyl) ether (HC)0.001 0.005-- 34.Chromie acid and chrometes (as Cr.)-0.05-- (wat er solu ble) 35.Chromous salt (as Cr.)-0.5-- 36.Copper fume-0.2-- 37.Cotton dust, raw-0.2*-- 38.Cresol, all isomers-skin522-- 39.Cyanides (as CN) – skin-1-- 40.Cyanogen1020-- 41.DDT (Dishlor odiphenyl trichloroethane)-1-- 42.Demeton-skin0.010.1-- 43.Diazinon-skin-0.1-- 44.Dibutyl phthalate-5-- 45.Decholorvos (DDVP)-skin0.11-- 46.Dieldrin-skin-0.25-- 47.Dinitrobenzene (all isomers)-skin0.151-- 48.Dinitrotoluene-skin-1.5-- 49.Dipheneyl (Biphenyl)0.21.5-- 50.Endosulfan (Thiodan) – skin-0.1-- 51.Endr in-s kin-0.1-- 52.Ethyl acetate4001400-- 53.Ethyl a lcohol10001900-- 54.Ethylamine1018-- 55.Fluorides (as F)-2.5-- 56.Fluorine1224 57.Forma ldehyde (SC)1.01.523 58.Formic acid59-- 59.Gasoline3009005001500 60.Hydra zine-skin (SC)0.10.1-- 61.Hydr azine chlorine – C57-- 62.Hydr ogen cyanide – skin – C1010-- 63.Hydr ogen fluorine (as F) – C32.5-- 64.Hydrogen peroxide11.5-- 65.Hydrogen sulphide10141521 66.Iodine – C0.11-- 67.Iron Oxide Fume (Fe o) (as Fe)-5-- 68.Isoamyl acetate100525-- 69.Isoa myl alcohol100360125450 70.Isobuty alcohol50150-- 71.Lead, inorg, dusts and fumes-0.15-- - 92 - Ex-134/2016 72.Lindane – Skin-0.5-- 73.Mala thion – Skin-10-- 74.Manganese dust and compounds (as Mn)C-5-- 75.Manganese fume (as Mn)-1-- 76.Mercury (a s Hg) Skin (i) Alkyl compounds-0.01-0.03 (ii) All forms except alkyl vapour-0.05-- (iii) Atyl and inorganic compounds.-0.1-- 77.Methyl alcohol (methanol) - Skin200260250310 78.Methyl collosolve (2 Methoxy ethanol) skin516-- 79.Methyl isobutyle ketone.5020575300 80.Methyl isocyanate – Skin0.020.05-- 81.Naplithalene10.501575 82.Nickel carbonyl (as Ni)0.050.35-- 83.Nitric Acid25410 84.Nitric Acid2530-- 85.Nitrobenzene – Skin15-- 86.Nitr ogen dioxide36510 87.Oil mist, mineral-5-10 88.Ozone0.10.20.30.6 89.Para thion – Skin-0.1-- 90.Phenol – Skin519-- 91.Phor ate (Thimet) – Skin-0.05-- 92.Phosgene (C arbonyl chlor ide)0.10.4-- 93.Phosphine0.30.411 94.Phospheric acid-1-1 95.Phospherus (yellow)-0.1-- 96.Phosphorous pentachloride0.11-- 97.Phosphorous trichloride0.21.50.53 98.Pirie acid – Skin-0.1-0.3 99.Pyidine515-- 100.Sila ne (Silicon tetrabydra de )57-- 101.Sodioum hydroxide – C-2-- 102.Styrene, monomer (Phenylethylene)50215100425 103.Suphur dioxide25510 104.Sulphur hexafluroride10006000-- 105.Sulphur acid-1-- 106.Tetr aetlyl lead (as Ph) Skin-0.1-- 107.Toluidine (Toluol)100375150560 108.Toluidine – Skin (SC)29-- 109.Tributvi phospate0.22.5-- 110.Trichloreoethlylene502702001080 111.Uranium, natural (as U)-0.2-0.6 112.Vinyl Cloride (H.C.)510-- 113.Welding Fu mes-5-- 114.Xylene (o.m. – pisomers)100435150655 115.Zine odide (i) Fume-5.0-10 (ii) Dust (Total dust)-10.0-- 116.Zirconium compound (as Zr.)-5-10 - 93 -Ex-134/2016 P m Parts of vapour or gas per million parts of contaminated air by volume at 250C and mg/m760 mm of Hg. milligram of substance per cubic metre of air. Not more than 4 times a da y with at least 60 min. interval between successive exposures. Molecular Weight. mg/m _____________________ x ppm 24.45 G. denotes Ceiling Limit. Skin denotes potential contribution to the overall exposure by the coetaneous route including mucous membra nes and eye. S.C. denotes Su spected Human Carcinogen H.C. denotes Confirmed Human Carcinogen. _____________________________________________________________________ SubstancePermissible time weightened average Concentration (TWA) (8 Hrs) Silica , SiO (a) Crystaline (i) Quartz (1) In terms of dust count 10600 mppcm % Quartz + 10 (1) In terms of respirable dust 10 mg/m % Quartz + 10 (1) In terms of total dust 30 mg/m % Quartz + 3 (ii) CristobaliteHalf the limits given against quartz. (iii) TridviniteHalf the limits given against quartz. (iv) Silica, fusedSame limits as for quartz. ( v ) TripoliSame limits as in formula in item (2) given against qua rtz. ___________________________________________________________________________________ (b) Amorphous Silicates10g/m3 Total dust. Abestos2 fibre/ml greater than 5 mm in length and less than breadth with length to breadth ration to or particular 10mg/m3 Total dust fraction conta ining less tha n 1% qua rtz 2 mg/m3 resp irable dust fr action containing less than 51% mm pcmMillion particles per cubic metre air based on impairing samples counted by light field technique .As determined by the membr anes filter method at 400-450 x magnification ( 4 min object ive) Respirable Dust Fraction passing a size selector with the following char acteristics. ______________________________________________________________________________________ Aerodyna mic Diameter (cm)% passing selector (Unit density sp here) <290 2.575 3.550 5.025 1000 - 94 - Ex-134/2016 FORM – I (See rule 23 (1)) APPLICATIONFOR RE GISTRATIONOF ESTABLISHMENTS EMPLOYING BUILDINGWORKE RS.1.Name and location of Establishment where building or other construction work is to be carried on. 2.Postal Addr ess of the Establishment. 3.Full name and perma nent address of the Es tablishment, if any 4.Full name and address of t he Manager or person responsible for the supervision and control of the establishment. 5.Nature of building or other construction work ca rried/is to be carried on in the Establishment. 6.Maximum number of building workers to be employed on any day. 7.Estimated date of commencement of building or other construction work. 8.Estimated date of completion of the building or other construction work. 9.Particulars of dema nd draft, enclosed (na me of the Bank amount, demand draft No. and date) Decla ration by the employer. (i) I hereby declare that the particulars given above are tr ue to the best of my knowledge and belief. (ii) I undertake to abide by the previsions of the Building and Ot her Construction Worker (Regulation and Conditions S ervice) Act, 1996 and the Rules made thereunder. Principal Employer Seal and stamp Office of the Registering Officer appoint ed under the Building and Other Construction Wor kers (Regulation of Employment and Conditions of Service) Act. 1996 and the Rules made there under. Date of receipt of applica tion FORM – II ( See rule 24 (1) ) No.Date GOVERNMENTOF MIZOR AMOFFI CEOFTHE REGISTERING OFFICERA certifica tion of Registering is hereby granted under Sub-section (3) of section 7 of the Building and Other Construction Work (Regulation of Employment and Conditions of Service) Act, 1996 and the r ules made thereunder to M/S ........... having the lowing particulars subject to condition laid down in the Annexure: 1.Postal address/ location where building or other construction work is to be carried on by the Employer. 2.Name and Address of employer including location of the building and other construction work 3.Name and permanent a ddress of the establishment. 4.Nature of work in which building workers a re employed or are to be employed. 5.Maximum number of building workers to be employed on any day by the employer. 6.Probable date of commencement and completion of work. 7.Other particular r elevant to the employment of building workers. Signature of Registering Officer with seal - 95 -Ex-134/2016 Annexure The registr ation granted herein above is subject to the following conditions, namely:- (a ) The certificate of registration shall be non-tr ansfera ble. (b) The number of workmen employed or building wor kers in the establishment shall not on any day exceed the maximum number specified in the certified of r egistration. ( c ) Save as provided in these rules, the fees pa id for the gra nt of registra tion certifica te shall be non-refunda b le. (d) The rates of wages payable to building workers b y the employer shall not be less tha n the r ates prescribed under the Minimum Wages Act, 1948 (11 of 1948) for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed, and ( e) The employer shall comply with the provision of the Act and t he rules made thereunder. FORM – IV ( See rule – 26 (3) and 239 (1) ) NOTICE OF COMMENCEMENT/COMPLETION OF BUILDING OR OTHER CONSTRUCT ION WORK (1) (i) Name and Address (Permanent) of the establishment. (ii) Name of the employer and address ........................................................................ (2) Name and situation of pla ce wher e the building and ot her construction is proposed to be carried on. (3) No. and date of Certificate of registration .............................................................................. (4) Name and address of the person incharge of the construction work. (5) Addr ess to which the commencements relating to building or other constr uction may be sent. (6) Nature of work involved and the facilities including plant or machinery provided (7) The arrangement storage of explosives, if any, to be used in building or other constr uction work. (8) In case the notice is for commencement of work, the approximate duration of work. I/We hereby intimate that the bu ilding or other constr uction work (N ame of work) having r egistna tion No................................................ dated ................................ is likely to commence is likely with to recommence/ is lively to be completed.effect from ....................................... (date/on)……..... (date) Signature of Employers To, The Inspector, ___________________ ___________________ FORM – III ( See rule – 25 (2) ) Registration of EstablishmentsRegistration No. and dateName and Address location of the establishments registered where a building or other construction work is to be carried onName of the employer and his addressNames of building or other workName and permanent address of establishmentProbable date of commencem ent of workMaximum No. of building workers to be employed on any dayProbable duration of building or other construction work & probable date of completionRemarks2345678910 - 96 - Ex-134/2016 FORM – V ( See rule 74 (b) and Schedule – I ) CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF WINCHES, DERRICKS AND ACCESSORY GEAR. Test Certificate No. ............................................ (a ) In case of construction sit e, name of the construction site wher e lifting appliances ar e fitted/installed/ located.Situation and Description of lifting applia ncesAngle to theTest loadSafe working and Gear with distinguishing number or markshorizontal of der rickap pliedload at the (ifany) which have been tested, thoroughlyboom at which testangle shown ex aminedload applied.in Column (2) (1)(2)(3)(4) (Degrees )(Degrees )(Tonnes) Name and address of public service, Associa tionName and position of Competent Person of public or firm or testing establishment making theor S ervice, association, company or fir m or test and examina tiontest ing est ablishment. (5)(6) I certify that on the ...................................................... day of 20....... the lifting appliance shown in C olumn (1 ) together with its necessary gear was tested in the manner set for th overleaf in my presence; that a careful examination of the said lifting appliance after the test showed that it has withstood the rest load without injury or permanent deformation, and that the safe working load of the said lifting appliance and necessa ry gear is as shown in column (4) Signa ture of the Competent PersonDate ....................................................... Seal Registration/Author ity number of the Competent Person FORM – VI ( See rule 74 (b) ) CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF CRANES OF HOISTS AND THEIR ACCESSORY GEAR. Test Certificate No. ................................. (a) Name of the construct ion sit e where cranes or hoists are fitted/installed/loca ted. Situation & DescriptionFor jib cra nes ra dius at the Test load applied Safe working load for jib test load was appliedcranes at r adius shown in Column (2) (1)(2)(3)(4) (Metres)(Tonnes)(Tonnes) - 97 -Ex-134/2016Name and address of public service, associa tionName and position of Competent Person of or firm or testing establishment making the testpublic service, association, company or firm and examina tionor testing establishment.0 (5)(6) I certify that on the ................................ day of ........................20....... the above lifting appliance together with its accessory gear, was test ed in the manner set forth overleaf, that a careful examination of the said lifting appliance a nd gear after the test showed that it had withstood the test load without injury or perma nent deformation and the safe working load of the sa id lifting appliance a nd gear is as shown in column (4) Signa ture of the Competent Person*SealDate_____________ (See note 3) Registration/Authority number of the Competent person FORM – VII ( See rules 70 (4) and 74 (b) ) CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF LOOSE GEARS. Test Certificate No. ................................. I certify that on the ........................................ day of ..............................20......... the above gear, was test ed and examined in the manner set forth overleaf, that a careful examina tion showed the said gear/ device withstood the test load without injury defamation that a nd the safe wor king loa d of the said gear/ device is as shown in column (6) Signa ture of the Competent Person*SealDate_____________ Registration/Authority number of the Compet ent pers on (a) Name of the construction site where loose gears are fitted/installed/located. Distinguishing Number or MarkDescription, dimension and material of gear/deviceNumber testedDate of testTest load applied (tonnes)Safe working load (SWL) (tonnes)(1)(2)(3)(4)(5)(6) Name and address of manufacture or suppliersInitial test and examination certificate No. and date (only in case of periodical test and examinationName and address of public service association, company or firm or testing establishment making the test and examinationName and position of Competent Person in public service, association, company or firm or testing establishment.(7)(8)(9)(10) - 98 - Ex-134/2016 FORM – VIII ( See rule 74 (b) ) CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF LOOSE GEARS. Test Certificate No. ................................. (1) Name and address of maker or supplier. (2) (a ) Cir cumference/dia meter of r ope (b) Number of strand (c) Number of wires per strand (d) Lay (e) Core (3) Quality of wir e (e.g. Best P lough st eel) (4) (a ) Date of test of sample of r ope. (b) Load at which sample broke (tonnes) (c ) Safe working load of rope (tonnes) (d) Intended use. (5) Name and address of public service, association, company or fir m or testing establishment making the test and examination. (6) Name and position of Competent Person in public service, association, company or fir m or test ing esta blishment making the test and examination. I certify that the above particulars are correct, and that the test and examination were car ried out by me a nd no defect affecting its sa fe working loa d (SWL) were found. Signa ture of the Competent Person*SealDate Registration/Authority number of the Compet ent pers on FORM – IX ( See rule 74 (b) ) CERTIFICATE OF ANNEALING OF LOOSE GEARS. Test Certificate No. ................................. (a) Name of the construction site where loose gears are fitted/installed/located. Distinguishing Number or MarkDescription of gear Number of certificate of test & examinationNumber annealedDate of annealingDefects found at careful inspection after annealing(1)(2)(3)(4)(5)(6)Name and address of public service, association company or firm or testing establishment carrying out the annealing and inspectionName and position of the Competent Person of public service, association, company or firm or testing establishment(7)(8) - 99 -Ex-134/2016 I certify that on date shown in column (5) the gear described in column (1) to (4) was effectively annealed under my supervision that after being so annealed ever y article was carefully inspected, a nd that no defects affecting its safe working condition were found other than those indicated t o column(6) Signa ture of the Competent Person*SealDate _________________ Registration/Authority number of the Compet ent pers on FORM – X (See rules 69 and 73 ) CERTIFICATE OF ANNUAL THOROUGH EXAMINATION OF LOOSE GEARS EXEMPTED FROM ANNEALING. I certify that on the ........................................ day of ..........................20............. the above gear described in column (2) was thoroughly examined, and that no defects affecting its safe working condition were found other than those indicated to column (4) Signa ture of the Competent Person*SealDate Registration/Authority number of the Compet ent pers on FORM – XI ( See rule 223 (c) ) CERTIFICATE OF MEDICAL EXAMINATION 1.Certificate Serial No. .................. Date ...........................................Date..................................... 2.Name ....................................................................... Identification ma rks.(1) ........................................................................................ (2) ........................................................................................ (a) Name of the construction site where loose gears are fitted/installed/located. Distinguishing Number or MarkDescription of Gear Number of certificate of initial and periodical test and examinationName and address of public service, association, company or firm or testing establishment making the test and examinationName and position of Competent of public service, association, company or firm or testing establishmentRemarks(1)(2)(3)(4)(5)(6) - 100 - Ex-134/2016 3.Father’s Name ........................................................... 4.Sex ............................................................................ 5.Residence ......................................................... son/daughter of ......................................... ............................................................................................................................................... 6.Date of birth, if available ......................................... and/or certificate age ............................................... 7. Physical Fitness ....................................................... I hereby certify that I have personally examined (name) ............................................. son/daughter of .......................................................... residing at ................................................. who is desirous of being employed in building and construction work and that his/her age as nearly as can be ascertained from my examination is ...................................................... years and that he/she is fit for employment in ......................................................... as an adult/adolescent. 8.Reason for:- (1) refusal of certificate.......................................................................................................... ................................................................................................................................................ (2) certificate being revoked ................................................................................................. ................................................................................................................................................ Signa ture/Left hand thumbSigna ture with seal Impr ession of building worker.Medical Inspector/C.M.O. Note:-1.Exact details of cause of physical disa bility should be clearly sta ted. 2.Functional/productive abilities should also be stated if dis ability is sta ted. FORM – XII ( See rule 223 (d) ) HEALTH REGISTER (In respect of persons employed in Building and other construction work involving hazardous processes) Name of the Construction Medical Officer/ Medica l Inspector. (a) Mr............................................................... From ................................. to ........................... (b) Mr............................................................... From ................................. to ........................... (c) Mr............................................................... From ................................. to ........................... - 101 -Ex-134/2016 Signature with date of Medical Inspector /CMO Not e:(i)Column (8) – Detailed summa ry of r eason for transfer or discharge should be sta ted. (ii) Column (12) – should be expressed as fit/unfit/suspended. FORM – XIII ( See rule 230 (a) ) NOTICE OF POISONING OR OCCUPATIONAL NOTIFIABLE DISEASE 1.Name and address of the employer: 2.Name of the building workers and his work No. if any. : 3.Addr ess of t he building wor ker.: 4.Sex and Age.: 5.Occupation: 6.State exact ly what the patient was doing at the time of contra cting the disease.: 7.Nature of poisoning or disease fr om which the bu ilding worker is suffering fr om . : DateSignature of the employer /CMO Note:-When a building worker contracts any disease specified in Schedule XII a notice in this form shall be sent forthwith to the La bour Commissioner. Sl. No.Works No.Name of building workerSexAge (last birthday)Date of employment of present workDate of leaving or transfer to other work(1)(2)(3)(4)(5)(6)(7)1. 2. 3. 4. 5..Reason for leaving, transfer or dischargeNature of job or occupationRaw material or bye product handledDate of medical examination by certifying Surgeon Medical Inspector/CMOResults of medical examinationIf suspended from work, state period or suspension with detailed reasons.(8)(9)(10)(11)(12)(13)1. 2. 3. 4. 5.Certified fit to resume duty on with signature of Medical Inspector/CMOIf certificate of unfitness or suspension issued to worker(14)(15)1. 2. 3. - 102 - Ex-134/2016 FORM – XIV ( See rule 210 (7) ) REPORT OF ACCIDENTS AND DANGEROUS OCCURENCES 1.Name of the project/work 2.Loca tion of project/work 3.Stage of cons truction work 4.Particulars of Employer (a ) Main contractor firm/Co.(b) Sub-contractor’s particulars. NameName AddressAddress Phone No.Phone No. Nature of businessNature of business. 5.Particulars of injured person. (a) Name (First)(Middle)(Surname) (b) Home Address (c) Occupation(d) Status of the worker Casual Permanent (e) Sex: Male Female(f) Age (g) Experience (h) Marital sta tus: Married/Unmarried/Divor ced. 6.Particulars of Accident. (a) Exact place where accident occurred (b) Date( c ) Time (d) What the injured person was doing at the time of accident? ( e) Weather condition (f) How long employed by you for this particulars job? (g) Particulars of equipment/machine involved & condition of the same after the accident occur red. (h) Brief description of the accident. 7.Natur e of injuries (a) Fatal(b) Non-fatal (c ) If non-fatal, state precisely the nature of injur ies. (Describe in detail the nature of injury, for instance fracture of right arm, sprain, etc) (d) First Aid.Given.Not given. ( e) if not, given the reasons. (f) Name & designation of the person by whom first aid was given. (g) If admitted to hospital. Name of the hospital Addr ess of the hospital Phone No.Name of the Doctor. 8.Mode of transport used. Ambulance Track Tempo TaxiPrivate Car 9.How much time was taken to shift the inju red per son? If very late, state the reasons. (a ) How the reporting was made? TelephoneTelegraphSp ecial M ess enger Let t er (b) Who visited the accident site first and what action was proposed by him? - 103 -Ex-134/2016 (c ) What are the section taken for the investigation of the a ccident by the employer/ (Describe about photographs/Video film/measurements taken etc? 10. Particulars of the persons given witness: (a) NameAddressOccupation 1. 2. 3. 4. (b) WhetherTemporaryPermanent 11. Particulars in case of fa tal: DateTime Whet her registered withIf yes, give Reg. No. Building and other construction Wor kers Welfare Boa rd. 12. Dangerous Occurrences as covered under the Regulation No. (Give deta ils) (a ) Collapse or failur e of lifting, a ppliances, hoist. Conveyors etc. (b) Collapse or subsidence of soil, any wall, floor, gallery, etc. (c ) Collapse of transmission towers, pipeline, bridge, etc. (d) Explosion of receiver, vessel, etc. ( e) Fire and explosion (f) Spillage or leakage of ha zardous substa nces (g) Collage, capsizing, toppling or collision of transport equipment (h) Leakage or r elease of harmful toxic gases at the construction site. (i) Failure of lifting applia nce, loose gear gases, hoist or building and other constr uction work machinery equipment, etc. 13. Certificate from the Employer or authorized signatory. I certify that to t he best of my knowledge and belief, the above particulars a re corr ect in every respect. Place:Signature DateDesignation c.c. forwarded for information and follow-up- act ion: 1. 2. 3. Note:-If more tha n one person is involved, then for each person, information is to be filled up in separate forms. - 104 - Ex-134/2016 FORM – XV (See rule 240) REGISTER OF BUILDING WORKERS EMPLOYED BY THE EMPLOYER Name and address of establis hment where BuildingName and permanent address of and other construction work is to be carried on.Establishment Nature and location of work ........................................................FORM – XVI (See rule – 241 (1) (a)) MUSTER ROLL Name and Permanent addr essName and address of establis hment where or other of t he establishmentcons truction work is carried on/is to be carried on. Nature of building or other constr uction work Name and address of Employer For the month of ........................................ Sl. No. Name of the building workerFather’s/ Husband’s NameSexDatesRemarks(1)(2)(3)(4)(5)(6)1. 2. 3. 4. 5. Nat u re an d locat io n of w ork ... ... ..... .... .... .... .... .... .... .... ..... .... .... .... Sl. No. Name and Surname of work men Age a nd Sex Fa ther’s/ Husband’ s name Na tur e of Empl o yment/ D e sig na t ion Pe rma nen t Home Ad dres s of wo rkmen ( Villag e a nd Distr ict) L oc al Ad dress (1) (2) (3) (4) (5) (6) (7) 1. 2. 3. 4. D at e of commen ce m e nt of emplo yment Si g na t ur e or thumb impression of w or kmen Date of terminatio n of emplo ymen t Reason for termination If the b uildin g worker is/was be neficiary, the da te of r egis t ra ti on as a ben eficiary, the registration No. and the na me of W elf ar e Boa r d Rema r ks (8) ( 9) (10) (11) (12) (13) 1. 2. 3. 4. - 105 -Ex-134/2016 FORM – XVII (See rule 241 (1) (a)) REGISTER OF WAGES Name and address of the establis hment WhereName and permanent address of building or other construction work is carried on.establishment ........................................... Nature of building or other constr uction workName and address of the employer ....................................................... Wage period Monthly ....................................................... Sl. No.Name of the workmenSerial No. in the register of workmenDesignation/ Nature of work doneNo. of days workedUnits of work doneDaily rate of wages/ piece rate(1)(2)(3)(4)(5)(6)(7)Basic wages Dearness allowances OvertimeOther cash payments ( Nature of payment to be indicated)Total(8)(9)(10)(11)(12)Deduction, if any (indicate nature)Net amount paidSignature/ Thumb impression of workmenInitial of employer or his representative(13)(14)(15)(16) - 106 - Ex-134/2016 FORM – XVIII (See rule 241 (1)(a)) FORM OF REGISTER OF WAGES-CUM-MUSTER ROLL Name and address of the establis hment whereName and permanent address of Building or other construct ion wor k is car riedestablis hment on nature of building or other construction workFORM – XIX (See rule 241 (1) (b)) REGISTER OF DEDUCTION FOR DEMAGE OR LOSS Name and addr ess of establishmentName and permanentName and address of wher e building or other constructionaddress of buildingemployer work is carr ied on/is to be carried on.workers Nature of building or other constr uction work.Sl. No.Sl. No. in Re gister ofb uildi n g w or k e r sNa me ofemplo yeeDesignation/ natureof workDailyatten da nce/un its w or kedT o t alattendance/u ni t w or k do neDa ily ra te o fw ag es / p iecerate( 1)( 2)(3)(4)(5)(6)(7)Bas ic wa gesD e ar ne s s al l o wa nc e sOvertimeOther c ash payments (natureo f pay m e nt t o b e i n di c a t e d)Total( 8)(9)( 1 0)( 1 1)(12)Dedu ction , if an y(ind icate na ture)Net a mou nt pa idSi gn at u re T hu m bim pr e s si o n of w or k m e n /In itial of emp loy e r or hi sr epr es en tative(13)( 1 4)( 1 5)(16)Sl. No.Nam e of workF at he r’ s / H usband’ s na meD esignation/ n a tur e of em ploymentP ar tic u lars o f damage or lossDate of permanent or lossWhe ther building worker showed cause against de du ct ion (1) (2)(3)(4)(5)(6)( 7)Da te o f re coveryNa m e of per s on inwhose presencebu i l d i ng wo rk e r’ se x pl a na ti o n w as he a r dA m ou nt ofd e du c t i onimp os edN o . o f in s ta llmentsFi rs t Insta llmentLas t In sta llm ent(8)(9)(1 0)(1 1)(12) - 107 -Ex-134/2016 FORM – XX (See rule 241 (1) (b)) REGISTER OF FINES Name and address of establishment where Building orName and permanent address of other construction work is carried on/ is to be carried on.establis hment Nature of building or other constr uction workName and address of the Employer FORM – XXI (See rule 241 (1) (b)) REGISTER OF ADVANCE Name and address of establishment where Building orName and permanent address of other construction work is carried on/is to be carried onestablis hment Nature of building or other constr uction workName and address of the employer Sl. No.Name of building workerFather’s/ Husband’s nameDesignation/ nature of employmentAct/omission for which fine imposedDate of offence(1)(2)(3)(4)(5)(6)Whether building worker showed cause against fineNature of person in whose presence building worker’s explanation was heardWage periods and wages payableAmount of the fine imposedDate on which fine realizedRemarks(7)(8)(9)(10)(11)(12) Sl. No.NameFather’s / Husband’s nameNature of employment/ DesignationWage period and wages payableDate and amount of advance given(1)(2)(3)(4)(5)(6)Purpose(s) for which advance givenNo. of installments by which advance to be repaidDate and amount of each installment repaidDate on which last installment was repaidRemarks(7)(8)(9)(10)(11) - 108 - Ex-134/2016 FORM – XXII (See rule 241 (1)(c)) REGISTER OF OVERTIME Name and address of establishment where Building or otherName and permanent address of cons truction work is Carried on/is to be carried on.Establishment FORM – XXIII (See rule 241 (2) (a)) WAGE BOOK Name and Address of Employer Na me &Name and permanent address of addr ess of the est ablishment Where buildingNature of building or other or other construction work carried on.construction work For the Week/Fortnight Month ending.............................. 1.No. of day’s worked ................... 2.No. of units worked in case of piece rate workers.................. 3.Rate of daily/monthly wages/piece rate................................... 4.Amount of overtime wages............................................ 5.Gross wages payable...................................................... 6.Deduction, if any, on account of the following. a ) fines b) Dama ge or loss c)doans and advances d)subscription towar ds provident fund e)subscription towards the Building Workers Welfare fund. f)any other deductions e.g. subscriptions to Co-operative Society or account of loans from Co-operative society/housing loan, or contribution t o any r elief fund as per provision of Clause(P) of sub-section (2) of Section 7 of the Payment of Wages Act or for payment of a ny premiumof Life Insurance Corporation. 7.Net amount of wages paid ......................................... Initials of the employer or his Repr esenta tive Sl. No.Name of the building workerFather’s / Husband’s nameSexDesignation/ Nature of employmentDate on which overtime worker(1)(2)(3)(4)(5)(6)Total overtime worked or production in case of piece ratedNormal rates of wagesOvertime of wagesOvertime earningsDate on which overtime wages paidRemarks(7)(8)(9)(10)(11)(12) - 109 -Ex-134/2016 FORM – XXIV (See rule 241 (2) (b)) SERVICE CERTIFICATE 1.Name and permanent address of theName and address/location where the building or other establis hmentcons truction work carried work on/to be carried on. 2.Nature and location of work:........................................................ 3.Name and address of the workmen :........................................................ 4.Age or Date of Birth:......................................................... 5.Identifica tion marks:......................................................... 6. Father’s/ Husband’s name : ........................................................ Signature FORM – XXV (See rule 242) ANNUAL RETURN OF EMPLOYER TO BE SENT TO THE REGISTERING OFFICER Year ending 31st December ........... 1.Full name and full address of the establis hment of the building and other constr uction work (P lace, P ost Office, and Distr ict) 2.Name and permanent a ddress of the establishment. 3.Name and addr ess of the employer. 4.Nature of building and ot her construction work carried on. 5.Full name of Manager or person r esponsible for supervision and control of the est ablishment. 6.Number of building workers ordinarily employed. 7.Tota l number of days during the year on which building wor kers were employed. 8. Total number of ma n-days worked by building workers during the year. 9.Maximum number of building workers employed on any da y during the year. 10. The number of accident that took place during the year as under:- (a ) The total number of accidents. (b) The number of accidents r esulting in disablement of building workers for less tha n 48 hours, the number of building workers involved and the number of man-days lost. (c ) The number of accidents resulting in disablement of building workers beyond 48 hour but not resulting in any permanent partial or permanent total disablement, the number of building workers involved, a nd the number of man-days lost on a ccount of such accidents. Total period for which employedSl. No. FromToNature of work doneRate of wages (with particular of unit in case of piece work)If the building worker was a beneficiary his registration No. date and the name of the BoardReasons/ grounds on which the employment terminatedRemarks(1)(2)(3)(4)(5)(6)(7)(8) - 110 - Ex-134/2016 (d) The number of accidence resulting in permanent pa rtial or total disablement, the number of building workers involved and the number of man-days lost on account of such accidents. ( e) The number of accidents resulting in deaths of building workers and the number of resultant deaths. The Chief Inspector or Inspector s appointed by a State government under the Act shall direct the owners of establishments registered under this Act, to send the copies of Annua l Returns submitted by the employers of registered establishment in respect of the concerned Sta te Government or appr opriate Government to the Director General of Inspection by virtue of provisions on Section 60 of the Act. The Chief Inspector or Inspector s appointed under the Act by a State Gover nment shall direct the owners of such establishments as ar e registered under this Act by registering officers appointed by the concerned State Government to send copies of the Annual returns to the Director Genera l by virtue of pr evisions of Section 60 of the Act. 11. Change, if any, in the management of the establishment, its location, or any other particula r furnished to the Registering Officer in the applica tion for Regist ration indicating also the da tes. Place ............................Employer Date ............................ FORM – XXVI (See rule 74 (b)) REGISTER OF PERIODICAL TEST – EXAMINATION OF LIFTING APPLIANCE AND GEARS ETC. ‘PART I Initial and periodical load test of lifting appliances and their annua l thorough examination. “Thorough examination” means a visual examination, supplemented, if necessar y, by other means such as a ha mmer test, carr ied out as carefully as the conditions permit, in or der to arrive a t a reliable conclusion as to the safet y of the parts examined, and if necessary, for such examination pa rts of the lifting appliances and gear shall be dismantled. (A) Initial and periodical load tests of lifting applianceI certify that on the date on which I have appended by signature the lifting appliance shown in column (1) was tested and no defects affecting its safe working condition were found other than those shown in column (5)Situation and description of lifting appliances tested with distinguishing number ofNo. of certificate of test and examination of competent person Date and signature with sealDate and signature with sealRemarks (to be signed and dated)(1)(2)(3)(4)(5)1. 2. - 111 -Ex-134/2016 (B) Annual thorough examination I certify that on the date to which I have appended my signature, the liftingRemarks to appliance shown in Column (1) wa s thoroughly examined and no defect s affectingbe signed its safe wor king conditions were found other than those shown in column (12)and dated Note:-If all the lifting appliances are thoroughly examined on the same date it will be sufficient to enter in column (1) “ All lifting appliances” If not, the parts which have been t horoughly examined on the dates must be clearly indica ted. PART – II Initial and periodical loa d test of lose gea rs and annua l thor ough examina tion. List of loose gear: The following classes of loose gears namely:- 1.Chains made of malleable cast ir on ; 2.Plate link chain; 3.Chains, rings, hooks, sha ckles a nd swivels made of steel; 4.Pitched chains; 5.Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks, conta iner, spreaders, tray slings, baskets, etc. and any other similar gear. 6.Hooks, and swivels having screw-threaded parts or ball hearings or other case- hardened parts, and 7. Bordeaux connections. Initial Test a nd periodical loa d test of loose gear s. Date and Signature with sealDate and Signature with sealDate and Signature with sealDate and Signature with sealDate and Signature with sealDate and Signature with sealDate and Signature with seal(6)(7)(8)(9)(10)(11)(12)1. 2. I certify that on the date on which I have appended my signature the loose gears shown in column (1) and (2) were tested and no defects affecting the safe working condition were found other than those shown in column (6)Distinguishing No. or marksDescription of loose gear tested and examinedNo. of certificates of test and examination of competent person Date and signature with sealDate and signature with seal(1)(2)(3)(4)(5)1. 2. 3. 4. 5. - 112 - Ex-134/2016 Annual thorough examination of loose gears I certify that on the date to which I have appended my signature the loose gears shown Remar ks in C olumn (1) and (2) were thoroughly examined by me and no defects affecting t heir to be signed safe working conditions were fou nd other than those shown in column (10)and dated PART III Annealing of C hains, Rings, Hooks, S ha ckles a nd Swivels (other tha n those exempted) (See part – II) Note:-It is recommended though not required by rules that annealing should be carried out in a suitably constructed furnace heated to temperature between 1100 degree and 1300 degree Farenheit as 600 degree and 700 degree centigrade, for a period between 30 and 60 minutes 12.5 mm and smaller chains, rings, hooks, shackles and swivels in general use. Other chains, rings, hooks, shackles and swivels in general use.If used with lifting appliances driven by power, must be amended once atleast in every six months. If used solely with lifting appliance worked by hand, must be amended once atleast in every twelve months. If used with lifting appliances driven by power, must be amended once atleast in twelve months. If used solely with lifting appliance worked by hand, must be amended once atleast in every two years. Date and Signature with sealDate and Signature with sealDate and Signature with sealDate and Signature with seal(6)(7)(8)(9)(10)1. 2. 3. 4. 5. I certify that on the date to which I have appended my signature , the gears described in c olum n (1) and (2 ) wer e ef fe ct u ally an ne a l ed u nd er m y s u pe r v is ion, tha t after bein g ana nn ealed ever y ar ticle wa s ca re f ul ly ins pec te dand that no de fe cts affe cting its safe work ingc on di t i on we r e f ou nd o t he r t ha n t ho s e sh ow nin Column 7Distin guis h ingNo.or ma rksDe scriptionof gearannealedN o. ofcer tificates oftest ande xa m ina t ionDate andsig na tu r e withsealDate andsignaturewith s ealD ate a nds i gna t ur e w it hs e alRemarks (tobe sign edan d da t e d)(1)(2)(3)(4)(5)( 6)( 7) - 113 -Ex-134/2016 FORM – XXVII APPLICATION FOR REGISTRATION [See Rule 268(4)] 1.Name: 2.Address: 3.Whet her SC /CT: 4.Name of the F ather: 5.Marital Status: (Married, Unmarried or Widow) 6.Date of Birth: 7.Name, Addres s & Register: No. of the establishment where the applicant is wor king 8.Nature of job/employment: 9.ESI/PF. No: 10. Name and address of employer: 11. Tota l service 12. Rate of subscription 13. Name of Bank & Bra nch where subscription is to be: 14. If the applicant is already a member of any ot her welfare Board, : the name of such boards & registr ation No. of the applicant The above fa cts are true to be best of my knowledge and informa tion Place:Signature of Applicant Date: Name & Signature of employer FORM NO.XXVIII NOMINATION FORM (See Rule 268(7)) I nominate the following person/persons as rightful dependents to receive a ll the dues fr om the fund on my behalf and in the event of my death, as rightful heirs to receive all benefits due to me. Name and address ofRelationshipAge of NomineeAmount to be given Nominee/Nomineeswith M emberto each Nominee Place:- Date:- Name, Address & Registration No. of the worker - 114 - Ex-134/2016 FORM NO. XXIX FORM OF INDENTITY CARD (See Rule 268(8)) Page-I Photo Signature, Date & Official: Designation of the Registra tion: Authority (with Office seal): Page-II Name of Member: Address: Male/Female: Name of Job: Registration No.: Distr ict: Date of Registra tion: Name of Bank & Branch in which: Subscription rate:20: Page-III Date of Birth: Completed age: Date of r etir ement: Marital status: Mar ried/Unmarried Name of wife/husband: Address: Whether wife/husba nd, a member of this Board: Yes/No If so, Name & Registration No.: Na me of Nominees: Relationship with the member: Signature/thumb impression of the member: Official designation & signature of Registering: Authority: (Official designation of registering Author ity) - 115 -Ex-134/2016 FORM NO. XXX REGISTRATION OF IDENTITY CARDS [See Rule 268(8)] Name of the District………………………………………………………………… Sl. NoNo. of IdentityDate of issueName &Addr essSignature ofRemarks cardsof t he wor kerExecutiveOfficer (1)(2)(3)(4)(5)(6) FORM NO. XXXI RETURN TO BE SUBMITTED BY THE EMPLOYER [See Rule 270(2)] Return for the month of………………………………………………….. regarding the details of workers Name & addr ess of the Establishment Sl. No. Place:- Date:- Name & Signa ture of the Employer (Official Seal)No. of workers as onthe close of previous monthNo. & Name/s ofworker/s who left s ervice during the period.No. & Name/sof worker/s to be registeredNo. of workersas on the close of cur rent month. - 116 - Ex-134/2016 FORM NO. XXXII [See Rule 270(3)] PARTICULARS OF ESTABLISHMENT 1. (a) Name of the Establishment: 2. Nature of Establis hment whethercompany/partnership firm/sole proprietorship: 3. Name of the partners/Dir ectors/Proprietor: 4Name of Managing Pa rtner/Managing Directorperson who is in ultimate control of the establishment: 5. Details of bra nches: 6. Deta ils of occupa tion: Place:- Date:- Name Signature & Designa tion (Official Seal) FORM NO. XXXIII [See Rule 273] APPLICATION FOR MATERNITY BENEFIT 1. Name and Addr ess of the Applicant: 2. Registration No.: 3. Age & date of birth: 4Name of Husband: 5. Date of confinement: 6. Have you applied for this benefit earlier?: 7. If so, how many time and give details: 8. Date of Registra tion: 9. Date of payment of 1st subscription & amount: 10. Date of payment of 1st subscription: 11. Name of the Bank & Place: 12. List of documents submitted: (a) Copy of challans or copy of Pass Book (b) Medical Certificate in original The facts fu rnished above are tr ue to my knowledge and information. Place: Date:Name and Signatur e Applicant - 117 -Ex-134/2016 FORM NO. XXXIV APPLICATION FOR WELFARE PENSION [See Rule 275(1)] 1. Name and Addr ess of the Applicant: 2. Registration No.: 3. Date of completion of 60 years: 4Date of payment of 1 st subscription & amount and name of Bank: 5. Defa ult if any and reasons thereof: 6. Date of payment of last subscription amount, date and na me of Bank. : 7. List of documents (a) Identity Card (b) Pass Book (c) Challans: 8. Addr ess to which pension is to be sent: 9. Date of payment of 1st subscription & amount: The facts fu rnished above are tr ue to my knowledge and information. Place:Name and Signatur e Applicant Date: FORM NO. XXXV [See Rule 275(6)] REGISTRATION OF PAYMENT OF WELFARE PENSION I. P. O Name and address of thepensioner with MembershipDate ofDate ofTotal No.No. in the M.B.O.C.W.W. BoardBirthr et ir ementService (1)(2)(3)(4)(5) No. & Date of Order of Date of connection ofMonthly Rate ofDated initials of sanctioning of authoritywelfar e pensionpension Rs.Secretary DEO (6)(7)(8)(9) - 118 - Ex-134/2016 Rema rks Order on ca ncellation of pension etc, ma y be Noted herewith reason and date effect under initials of Secretary/DEO (10) Details of pension paid Month/yearAmount ofDate of sending Dated initialsRemarks (Details of undelivered Welfa re Pension Rs. of Money orderIf DEO/SSH.O etc may b e noted here) (11)(12)(13)(14)(15) FORM NO. XXXVI MIZORAM BUILDING AND OTHER CONST RUCTION WORKERS WELFARE BOARD [See Rule 276(1)] Application No.Fees Rs. 1 0/- APPLICATION FOR HBA (For new construct ion/maintenance/purcha se of land wit h building) 1. (a) N ame of t he applicant: (b) Permanent Address: (c) Pr es ent Addr es s: 2. Date of Birth: 3. Date of r etir ement: 4. a. Register Number: b. Date of R egistra tion: c. Rate of remittance: d. Date of first remittance: e. Date of last remittance: f. Total amount remitted: g. Whether the membership ha s ever been received,if so, det ails : h. Details of revival: 5. Pur pose of adva nce (NewCons truction/Maintenance/ purchase of land withBuilding): 6. Whether the applicant has a house of his own (fivedeta ils): 7. Amount of advance required: 8. Deta ils of Land Property: (a) Panchayat/Town: - 119 -Ex-134/2016 (b) Village: (c) Taluk: (d) Distr ict: (e) Area: (f) Survey No.: (g) Valuation of t he Property: 9. Whether the applica tion ha s received any other loanFor HBA, given deta ils: 10. Estimate for constr uction/main tenancy of building asper plan: 11. Deta ils of t he amount raised apart from the loan: 12. Whether the applicant has received loan previously forhis Board. : DECLARATION I hereby declare that the above statements are true and correct to the best of my knowledge and belief. Place: Signature: Date: Name: Deta ils of documents to be produced: 1.Plan and estimate (approved) 2.Encumbrance certificate of 14 years 3.Location Certificate 4.Land tax receipt 5.Original documents 6.Attested copy or r ation card for maint enance applica tion 7.Ownership of the building (for maintenance only) 8.Terminal benefit declara tion 9.Attested copies of identit y card a nd passbook 10. Title clea r ance certific ate. 11. Age certificate of the building (for maintenance only) 12. Valuation certifica te of t he property. 13. No objection certificate fr om the authorit ies for construction 14. Declaration from the application that neither he/she/nor his/her spouse of children own a house (for new construct ion) Place:- Date:- Name and Address Registration No & Address of the work - 120 - Ex-134/2016 FORM NO. XXXVII [See Rule 277(2)] APPLICATION FOR DISABILITY PERSON 1.Name and Address of applicant: 2.Age and date of Birth: 3.Registration No: 4.Date of payment of 1st Subscription: Amount & Na me of Ba nk & Br anch 5.Date of payment of 1st Subscription: Amount & Na me of Ba nk & Br anch 6.Total a mount of Subscription: 7.Deta ils of disease/accident: 8.Nature of disability due to disease/accident: 9.Details of treatment in Government Hospitals: Date of admission and date of discharge 10. Whether the patient was in plaster?: If so, for how many days? 11. Amount spent for treatment (should be supported by: medical bills Countersigned by the training doctor) 12. List of documents submitted: 13. Deta ils of benefits received if any before: 14. Deta ils of b enefits received if any from Government or : any other institution for the Above treatment. The above facts ar e true to my knowledge and informa tion Place:-Name & Signature of Date:-Applicant. FORM NO. XXXVIII [See Rule 278] APPLICATION FOR INSTRUMENT LOAN Application No.Fees Rs.10/- 1.Name of the Applicant: 2.Father ’s/Husband’s Name: 3.Residentia l Addr ess: 4.Registration No: 5.Name of bank in which contribution remitted: 6.Age & Date of Birth: 7.Monthly Income: 8.Deta ils of other properties if a ny owned or possessed by the Applicant : 9.Details of sur eties: Name & Address - 121 -Ex-134/2016 Present net monthly income Deta ils of other properties if a ny owned or Poss essed by the su rety Whether the surety has offered himself as surety for Any transact ion ear lier If so, the details 10. Whether salary cer tificate from the employer is attached. 11. PART ICULARS OF INS TRUMENTS TO BE PURCHASED ( A) Description (B) Make (C) Model (D ) Invoice price(cop y enclosed) (E) Name & Addres s of sup plier/dealer 12. a. Amount of loan applied for b. No. of monthly installments proposed for repayment. DECLARATION a . I/We confirm that the funds will be used for the stated purposed only a n will not be used for speculation and/or a nti-social purpose. b. I/we understand tha t the board ha s the right to recall the funds if they are not used for the purposes. c . I/we understand tha t the sanction of the facility is at the discretion of the Board a nd I/we will execute necessary S ecurity Documents as per the Board’s requir ement t o its sa tisfact ion. Place:- Date: Surety 1 Name & SignatureSignature of Applicant (For Office use only) The application submitted by Shri. ……………………………………………………… employed as………………………………………………………………………….in ………………… Has been verified. T he certificate of employment and surety in resp ect of the borrower/surety has been atta ched along with the underlying by the employer. An amount of Rs………………………(Rupees…………………………………………) may be sanctioned for the purpose being the amount requested/amount eligible 75% of the invoice a mount to be recovered of Rs………………………………….. ……………………………………………………. equal monthly installment. The last installment will be the amount outstanding after remittance of the…………………………………………………………..installment including other dues to the Board at the time of closing of the loan amount. Sanctioned/Rejected District Ex ecutive Officer Security - 122 - Ex-134/2016 FORM NO. XXXIX (See Rule 279) APPLICATION FOR FUNERAL BENEFIT 1.Name & Address of Applicant: 2.Relationship of Applicant with the worker: 3.Name & Address of Worker: 4.Registration No.: 5.Date of Registra tion: 6.Date of payment of last subscription: Amount and Name of Bank Br anch 7.Date of payment of last subscription: Amount and Name of Bank Br anch 8.Dura tion of membership: 9.Whether membership was live: 10. Date of death of the workers: 11. Reason for death: 12. Whether applicant is the nominee of the worker: 13. If not, whether the applicant has submit ted Dependence certificate : 14. Name, age & date of birth of the nominee: 15. I nominees are minor, na me of guardian and: his relationship with the children 16. Whether cons ent let ters from other nominees Submit ted?: (where the No. of nominees is mor e than one) 17. Whether certificate of guardianship submitted by the Minor children : 18. Amount of benefit, applied for: The above facts ar e true to my best of knowledge and informa tion Place:- Date:-Name & Signature of Applicant FORM NO. XL [See Rule 280(2)] APPLICATION FOR DEATH BENEFIT 1.Name& Address of Applicant: 2.Relationship with worker: 3.Name & Address of Worker: 4.Registration No.: 5.Age & Death of Birth: 6.Wor ker whet her mar ried: 7.Nature of Death(Give details): 8.Details of documents submitted: 9.Amount of financia l assistance applied for: The above details are true to my best knowledge and informa tion Place:- Date:-Name & Signature - 123 -Ex-134/2016 FORM NO. XLI [See Rule 280(5)] REGISTRATION OF DEATH BENEFIT Sl.No Date of receipt of applica tion Name & Register No.of wor kers Period of remittance Date of Birth Order No & Date Name & Address of nominee with Relationship of Death Benefit Refund of amount Total Initial FORM NO. XLII [See Rule 281] APPLICATION FOR CASH AWARD Name of Examination passed: 1.Name of Student:Female/Male 2.Address: 3.Name & Address of School: 4.Year of St udy: 5.Month & year of passing of Exam: 6.Age & Date of Birth: 7.Whet her SC /CT: 8.Marks obtained in the examina tion: Subject Mar k obta inedMaximum Marks 9.Name of pa rent: 10. Address: 11. Regn. No. in the M.B.O.C.W.W Board : 12. Date of payment of first subscription: The facts mentions above are true to the best of knowledge. Place:- Date:- Signature of the Student Affidavit of the Parent I,…………………………………………………………(name & address) am a member of Mizoram Building and Other Construction Worker ’s Welfare Board a nd my registration No. is……………………… Shri/Smt………………………………. . is my son/daughter. The facts mentioned in the application are true, if they found to be not true later, all the money received from the Board this account will be remitted back. I hereby agree that the decision ta ken by t he Secr etary in this r egard will be fine. Place:- Date:-Signa ture of P arent - 124 - Ex-134/2016 FORM NO. XLIII [See Rule 283] APPLICATION FOR MEDICAL BENEFIT 1.Name & address of applicant: 2.Age and date of birth: 3.Registration no.: 4.Date of payment of 1st subscription Amount & name of Bank: 5.Date of payment of last subscription: 6.Total amount remitted: 7.Details regar ding disease/sur gery: 8.Disa bility if any, due to disease or surgery: 9.Period of tr eatment as inpa tient in Government: 10. List of documents submitted: 11. Deta ils of medical benefits received if any Before: The facts mentioned above are true to the best of knowledge. Place:- Name & Address of applicant FORM NO. XLIV [See Rule 284] APPLICATION FOR EDUCATION SCHOLARSHIP Name of Course 1.Name of Student: 2.Male/Female: 3.(a) SC/ST: (b) Whether proof is atta ched: 4.Name of College & a ffiliated University/Board : 5.Name & Year of Course: 6.Date of admission to the course: 7.Age & Date of bir th of t he Student: 8.Deta il of qualifying examination pa ssed: 9.Name of Exam: 10. Name of affiliated University Board/S tate: 11. Month & year of passing 12. (a) Name of parent of a pplica tion: (b) Registration No.: (c) Date of payment of first subscription: (d) Date of payment of last subscription: (e) No. of Installments paid Total subscr iption paid (f) P er ma nent a ddr es s: (g) Has the membership b een received: Yes/No If so, period of revival: The facts mentioned above are tr ue to my knowledge. If selected for the scholarship, I p romise that I will abide by the condition stipulated in the scheme.............................. Place:- Date:-Name & Signature of Student - 125 -Ex-134/2016 FORM NO. XLV [See Rule 285] APPLICATION FOR MARRIAGE ASSISTANCE 1.Name of applicant: 2.Address: 3.Registration No.: 4.Age & Date of birth: 5.Date of payment of 1st subscription: Amount & Name of bank and br anch 6.Date of payment of last subscription: Amount & Name of bank and br anch 7.Dura tion of membership: 8.Is membership live: 9.If a pplication is for marriage of Son/Daughter: (a ) Whether husba nd or wife, a: Member of this Board (b) If so, has she/he applied: For the financial assistance (c ) Date of birth of the son/daughter: Who is getting (d) Addr ess of the br ide or Bridegroom: of the son/daughter ( e) Date & No. of the mar riage: (f) Date & No. of the certificate of: Marr iage name and address of the Authority who issued the certificate (g) Have you applied for financial: Assistance for the marriage of any other son/ daughter, if so, details of the same 10. If a pplication is for the marriage of self (for women worker only) ( a ) Name and address of husband/Bridegroom: (b) Date & place of marriage: (c) No. & Date of Marriage certificate: Name of authority who issued the Certificate 11. Are you in receipt of any financial: Assistance for the purpose from Government of a ny other institution The above fa cts are true to the best of my knowledge and informa tion Place:- Date:- Name & Signature of the Applicant - 126 - Ex-134/2016 FORM NO. XLVI [See Rule 286] APPLICATION FOR FAMILY PENSION 1.Name and address of applicant: 2.Addr ess of t he pensioner/worker: 3.Relationship with worker: 4.Date of death of the worker: 5.Monthly pension received by the worker: 6.Whether applicant is received pension from: Government/S emi Government or any other Institution? If yes, deta ils thereof 7.Whether applicant is receiving salary from: Government/Semi Government/ Private Institution? If yes, deta ils thereof 8.List of documents submitted: The above fa cts are true to the best of my knowledge and information. Place: Date:Name & Signature of the Applicant List of Documents to be submitted along with applica tion 1.Deat h certif icate of the worker: 2.Village officer ’s certificate showing r elationship : Between the applicant and the worker 3.Village officer ’s certificate stating that the: Applicant is not receiving any pension Government/Semi Government/Private Institution: 4.Village officer ’s certificate stating that the Application is not receiving any salary from Government/Semi Government/Pr ivate Institution? Secr etary to the Government of Mizoram, Labour, Employment & Industrial Training DepartmentPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 21.7.2015 Asadha 30, S.E. 1937, Issue No. 343 NOTIFICATIONNo.B.11015/1/2012-LE&IT, the 20th July, 2015.In exercise of the powers conferred under section 5(1 )(a) and section 7 of the Minimum Wages Act, 1948 and in supercession of this Department’s Notification of even No. dt.08.04.2013, the Governor of Mizor am is pleased to reconstitute the State Level Committee on Minimum Wages to review minimum wages and advise the Government of Mizora m in respect of re- fixa tion of rates of minimum wages for persons working under any Schedule / Casual Employments within the State of Mizor am consisting of the following members: INDEPENDENT PERSONS:1.Secr etary, Labour, Employment & Industrial Training Deptt. - Chairman 2.Director, Labour, Employment & Industrial Training Deptt.- Member Secretary 3.Director, Economic & Statistics Deptt.- Member 4.President, Central Y.M.A.- Member 5.Adviser, Planning & Progra mme Implementa tion Deptt.- Member 6.Depu ty Labour Commissioner,- Member Labour, Employment & Industrial Tra ining Deptt. EMPLOYERS (REPRESENTATIVES OF):1.Engineer-in Chief, Public Works Deptt.- Member 2.Engineer-in-Chief, Public Health Engineering Deptt.- Member 3.Engineering-in-Chief, Power & Electr icity Deptt.- Member 4.Additional Secretary, Finance Deptt.- Member 5.Director, Industries Deptt.- Member 6.President, Joint Contractors Association.- Member EMPLOYEES (REPRESENTATIVES OF):1.President, NTUM, General Headquarters, Aizawl.- Member 2.General Secretary, NTUM, General Headquarters, Aizawl.- Member 3.President, FOMTU, General Headquarters, Aizawl.- Member 4.President, CITUM, General Headquarters, Aizawl.- Member 5.President, Mizoram Labour Association, Aizawl.- Member - 2 - Ex-343/2015 The Terms of Reference of the Committee shall be as follows:1.Review the prevailing ra tes of wages of persons engaged in S cheduled/Casua l Employment considering Price Index in local market, etc. 2.Submit proposal to the Govt. of Mizoram for re-fixation of Minimum Wages of persons employed under the Scheduled Employments at the interval of at least year 2 (two) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Committee shall be for a period of 2 (two) years with effect fr om 01.01.2015 to 31.L2.2016. 5.Non-Official members of the Committee shall by entitled to T.A & D.A like Gazetted Officers to the Government. 6.The Committee shall submits its report / advice to the Government of Mizora m within 3 (three) months from its first sitting to consider r evision of the existing Minimum Wages fixed by the Government from time to time. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 12.6.2015 Jyaistha 22, S.E. 1937, Issue No. 265 NOTIFICATIONSNo.B.11015/l/2012-LE&IT, the 4m June, 2015.In supersession of Not ification of even No. dated 24.03.2015 and in exercise of the power conferred by Section 5 (1) (a) of the Minimum Wages Act, 1948, the Governor of Mizoram is pleased to constitute Sub-Committee on Minimum Wages for the Scheduled Employment of Shops & Esta blishments consisting of the following members: 1.Chairman-Director, LE&IT Deptt. 2.Member Secretary-Dy. Labour Commissioner, LE&IT Deptt. 3.Member-Dy. Director (PMI) Economic & Statistics Deptt. Representative of Employers:- 1.President, Mizoram M erchants Association (M IMA)-Member 2.President, Stationery Dealers Associa tion-Member 3.President, Hotel Owners Associa tion-Member 4.President, Mizoram Chemists & Druggists Associa tion -Member 5.President, Bakery Owners Associa tion-Member Representativeof Employees:- 1.Pres ident, NTUM, Gener al Headquart ers, Aizawl-Member 2.Pres ident, C ITUM, Gener al Headquar ters, Aizawl-Member 3.Pres ident, F OMTU, Gener al Headquar ters, Aizawl-Member 4.President, MLU, General Headquarters, Aizawl-Member 5.President, MLA, General Headquarters, Aizawl-Member Terms of Reference to the Sub-Committee shall be as follows: 1.Review the prevailing rates of wages of persons engaged in Shops & Establis hments considering Price Index in Local Market, etc. 2.Submit proposals to the State Level Committee on Minimum Wages for re-fixation of Minimum Wages of persons employed under the above stated Scheduled Employment at interval of not more than 5 (five) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Sub-Committee shall be a period of 2 (two) years with effect from the date of issuance of this Notification. 5.The Sub-Committee shall submit its report/a dvice to the Sta te Level Committee on Minimum Wages within 3 (three) months fr om its first sitting to consider revision of the existing Minimum Wages fixed for S hops & Establis hments from time to time. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. No.B.11015/l/2012-LE&IT, the 4th June, 2015.In supersession of Notification of even No. dated 24.03.2015 and in exercise of the power conferred by Section 5 (1) (a) of the Minimum Wages Act, 1948, the Governor of Mizoram is pleased to constitute Sub-Committee on Minimum Wages for the Scheduled Employment of Roads & Building Operations cons isting of the following members: 1.Chairman- Director, LE&IT Deptt. 2.Member Secretary- Dy. Labour Commissioner, LE&IT Deptt. 3.Member- Dy. Director (PMI) Economic & Statistics Deptt. Representative of Employers:- 1.Repr esentative of P ublic Works Deptt.-Member 2.President, Class-I Contra ctor-Member 3.President, Class-II Contra ctor-Member 4.President, Class-III Contra ctor-Member 5.President, Class-IV Contra ctor-Member 6.General Mana ger, Nor th East Consult ancy Service-Member Representative of Employees:- 1.Pres ident, NTUM, Gener al Headquart ers, Aizawl-Member 2.Pres ident, C ITUM, Gener al Headquar ters, Aizawl-Member 3.Pres ident, F OMTU, Gener al Headquar ters, Aizawl-Member 4.President, MLU, General Headquarters, Aizawl-Member 5.President, MLA, General Headquarters, Aizawl-Member 6.President, Mizoram Mistiri Associa tion-Member 7.President, Mizora m Glazetiler Associa tion-Member Terms of Reference to the Sub-Committee shall be as follows: 1.Review the prevailing rates of wages of persons engaged in Roads & Building Operations considering Price Index in Local Market, etc. 2.Submit proposals to the State Level Committee on Minimum Wages for re-fixation of Minimum Wages of persons employed under the above stated Scheduled Employment at interval of not more than 5 (five) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Sub-Committee shall be a period of 2 (two) years with effect from the date of issuance of this Notification. 5.The Sub-Committee shall submit its report/advice to the State Level Commit tee on Minimum Wages within 3 (three) months fr om its first sitting to consider revision of the existing Minimum Wages fixed for Roads & Building Operations from time to t ime. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. - 2 - Ex-265/2015 No.B.11015/l/2012-LE&IT, the 4th June, 2015.In supersession of Notification of even No. dated 24.03.2015 and in exercise of the power conferred by Section 5 (1) (a) of the Minimum Wages Act, 1948, the Governor of Mizoram is pleased to constitute Sub-Committee on Minimum Wages for the Scheduled Employment of Casual/Muster Roll Employees cons isting of the following members: 1.Chairman- Director, LE&IT Deptt. 2.Member Secretary- Dy. Labour Commissioner, LE&IT Deptt. 3.Member- Dy. Director (PMI) Economic & Statistics Deptts. Representative of Employers:- 1.Repr esentative of P ublic Works Deptt.-Member 2.Repr esentative of Public Health Engineering Deptt.-Member 3.Representative of Power & Electricity Deptt.-Member 4.Representative of Finance Deptt.-Member 5.Representative of UD&PA Deptt.-Member 6.Repr esentat ive of Indust ries Deptt.-Member Rep resentative of Employees:- 1.Pres ident, NTUM, Gener al Headquart ers, Aizawl-Member 2.Pres ident, C ITUM, Gener al Headquar ters, Aizawl-Member 3.Pres ident, F OMTU, Gener al Headquar ters, Aizawl-Member 4.President, MLU, General Headquarters, Aizawl-Member 5.President, MLA, General Headquarters, Aizawl-Member Terms of Reference to the Sub-Committee shall be as follows: 1.Review the preva iling r ates of wages of persons enga ged in Casual/Muster Roll Employment cons idering Price Index in Local Market, etc. 2.Submit proposals to the State Level Committee on Minimum Wages for re-fixation of Minimum Wages of persons employed under the above stated Scheduled Employment at interval of not more than 5 (five) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Sub-Committee shall be a period of 2 (two) years with effect from the date of issuance of this Notification. 5.The Sub-Committee shall submit its report/a dvice to the Sta te Level Committee on Minimum Wages within 3 (three) months fr om its first sitting to consider revision of the existing Minimum Wages fixed for Casual/Muster R oll Employees from time to time. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. NO.B.11015/1/2012-LE&IT, the 4th June, 2015.In s upersession of Notification of even No. dated 24.03.2015 and in exercise of the power conferred by Section 5 (1) (a) of the Minimum Wages Act, 1948, the Governor of Mizoram is pleased to constitute Sub-Committee on Minimum Wages for the Scheduled Employment of Employment in Registered Fact ories not Classified Elsewhere consisting of the following members: 1.Chairman- Director, LE&IT Deptt. 2.Member Secretary- Dy. Labour Commissioner, LE&IT Deptt. 3.Member- Dy. Director (PMI) Economic & Statistics Deptt.- 3 -Ex-265/2015 Representative of Employers:- 1.President, Press Owners Associa tion-Member 2.President, Mizoram Chamber of Indu stries (MCI)-Member 3.President, NUTEC-Member Rep resentative of Employees:- 1.Pres ident, NTUM, Gener al Headquart ers, Aizawl-Member 2.Pres ident, C ITUM, Gener al Headquar ters, Aizawl-Member 3.Pres ident, F OMTU, Gener al Headquar ters, Aizawl-Member Terms of Reference to the Sub-Committee shall be as follows: 1.Review the prevailing rates of wages of persons engaged in Employment in Registered Factories not Classified Elsewhere considering Price Index in Local Market, etc. 2.Submit proposals to the State Level Committee on Minimum Wages for re-fixation of Minimum Wages of persons employed under the above stated Scheduled Employment at interval of not more than 5 (five) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Sub-Committee shall be a period of 2 (two) years with effect from the date of issuance of this Notification. 5.The Sub-Committee shall submit its report/advice to the State Level Commit tee on Minimum Wages within 3 (three) months fr om its first sitting to consider revision of the existing Minimum Wages fixed for Employment in Registered Factories not Classified Elsewhere from time to time. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt. No.B.11015/l/2012-LE&IT, the 4th June, 2015.In supersession of Notification of even No. dated 24.03.2015 and in exercise of the power conferred by Section 5 (1) (a) of the Minimum Wages Act, 1948, the Governor of Mizoram is pleased to constitute Sub-Committee on Minimum Wages for the Scheduled Employment of Public Motor Transport consisting of the following members: 1.Chairman- Director, LE&IT Deptt. 2.Member Secretary- Dy. Labour Commissioner, LE&IT Deptt. 3.Member- Dy. Director (PMI) Economic & Statistics Deptt. Representative of Employers:- 1.Joint Director, Transport Deptt.-Member 2.President, Bus Owners Associa tion-Member 3.President, Maxi Cab Owners Associa tion-Member 4.President, Mizoram Taxi Owners Associa tion -Member 5.President, Mizoram Truck Owners Associa tion -Member Rep resentative of Employees:- 1.President, Zoram Drivers Union (ZDU)-Member 2.President, Bus Dr ivers Associa tion-Member 3.President, Taxi Dr ivers Associa tion-Member 4.President, Maxi Cab Drivers Associa tion-Member 5.President, Conductors Associa tion-Member - 4 - Ex-265/2015 Terms of Reference to the Sub-Committee shall be as follows: 1.Review the prevailing rates of wages of persons engaged in Public Motor Tra nsport considering Price Index in Local Market, etc. 2.Submit proposals to the State Level Committee on Minimum Wages for re-fixation of Minimum Wages of persons employed under the above stated Scheduled Employment at interval of not more than 5 (five) years. 3.Recommend suitable enforcement ma chinery. 4.The terms of office of the Sub-Committee shall be a period of 2 (two) years with effect from the date of issuance of this Notification. 5.The Sub-Committee shall submit its report/advice to the State Level Commit tee on Minimum Wages within 3 (three) months fr om its first sitting to consider revision of the existing Minimum Wages fixed for P ublic Motor Tra nsport from time to t ime. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 5 -Ex-265/2015

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Friday 5.6.2015 Jyaistha 15, S.E. 1937, Issue No. 245 NOTIFICATIONNo. A. 11019/17/2007-L&E, the 1st June, 2015.In supersession of this Department’s Notifica tion No. A. 11019/19/2012-LE&IT dated 1st August, 2014 and in exercise of the power conferred by section 17-B of the Working Journa list and Other Newspa per Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, the Governor of Mizoram is pleased to appoint the following Officers as Chief Inspector and Inspectors for the enforcement of the said Act with their r espective jurisdiction as under : 1.Director,- Chief Insp ector for the whole St at e of M izor am Labour, Employment & Industrial Tra ining Deptt. 2.Deputy Labour Commissioner- Inspector for Aizawl, Champhai and Serchhip Labour, Employment & Industrial Tra ining Deptt. Districts 3.District Labour & employment Officer, Lunglei - Inspector for Lunglei District Labour, Employment & Industrial Tra ining Deptt. 4.District La bour & Employment Officer, Saiha- Inspector for Saiha District Labour, Employment & Industrial Tra ining Deptt. 5.District La bour & Employment Officer, Aizawl - Inspector for Kolasib District Labour, Employment & Industrial Tra ining Deptt. 6.Labour Officer- Inspector for Mamit District Labour, Employment & Industrial Tra ining Deptt. Terms of reference and power and functions of the Chief Inspector/Inspectors shall be as stated in the Act. V. Lalremthanga, Secr etary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 26.5.2015 Jyaistha 5, S.E. 1937, Issue No. 236 NOTIFICATIONNo. B.14011/2/2009-LE&IT, the 25th May, 2015.In exercise of the power conferred by section 6 of the Unorganised Workers’ Social Security Act, 2008, the Mizoram Governor is pleased to constitute the Mizoram Sta te Social Secur ity Boa rd to perform the functions assign to it under the above said Act as follows: 1.Minister, Labour, Employment & Industrial Training Deptt.- Chairman 2.Secr etary, Labour, Employment & Industr ial Tra ining Deptt- Member Secretary Repr esenta tives of Legisla tive Assembly 3.Pu Chalrosanga , MLA- Member 4.Pi C.Vanlalawmpuii, MLA- Member Representatives of Unorganised Workers 5.President, National Trade Union of Mizora m (NTUM) Gen. Hqr., Aizawl. - Member 6.President, Federa tion of Mizora m Tra de Union (FOMT U) Gen. Hqr., Aiza wl. - M emb er 7.President, Centre of India Trade Union Mizoram (CITUM)- Member Gen. Hqr.,Aizawl. 8.President, Mizoram Labour Assn. (MLA), Gen. Hqr., Aizawl- Member 9.General Secretary, Mizoram Mistiri Assn.(MMA) Gen. Hqr., Aizawl.- Member 10.President, Mizoram Chanchinbu Sem Assn, Gen. Hqr., Aizawl.- Member 11.President, All Mizoram Farmers Union(AMFU) Gen. Hqr., Aizawl.- Member Representatives of Employers of Unorganised Workers: 12.Repr esentative of Public Works Department- Member 13.Repr esentat ive of Public H ealth Engineer Depart ment- Member 14.President, Mizoram Merchant Assn. (MIMA) Gen. Hqr., Aizawl.- Member 15.President, Mizoram Journalist Assn.(MJA), Gen. Hqr., Aizawl- Member 16.President, Mizoram Maxi Cab Owners Assn. (MMCOA)- Member Gen. Hqr., Aizawl. 17.President, Aizawl C ity Bus Owners Assn. (ACBOA) Gen. Hqr., Aizawl. - Member 18.Secretary, Aizawl Municipal Council- Member Representatives of Eminent Civil Society. 19.President, Central YMA, Gen. Hqr., Aizawl.- Member - 2 - Ex-236/2015 20.President, MHIP, Gen. Hqr., Aizawl.- Member 21.President, PRISM, Gen. Hqr., Aizawl.- Member 22.Pi Vanramchhuangi, President, Human Right &- Member Law Network, Gen. Hqr., Aizawl. 23.Angela CH.R alte, P resident, Centr e for P eace & Develop ment- Member Representatives of State Government Depa rtments 24.Socia l Welfar e Depart ment- Member 25.Health & F amily Welfare Depart ment- Member 26.Information & Public Relation (I&PR) Department- Member 27.Sericulture Depart ment- Member 28.Labour, Employment & Industrial Training Department- Member 29.Agriculture Department- Member 30.Industries Department- Member The term of office of the Mizora m State Social Securit y Board shall be three years commencing from the date of its constitution. The Board shall meetatleast once in a qu arter a t such time and place as may be fixed from time to t ime. Functions of the Boar d: a.Recommend the State Government in formulating suitable schemes for different sections of the unor ganised sector workers; b.Advise the State Government on su ch matters arising out of the adminis tration of the Unorganised Workers’ Social Security Act, 2008 as may be referred to it; C. Monitor such social welfare schemes for unorga nised workers as are adminis tered by the S tate Government; d.Review the r ecord keeping functions performed at the District level; e.Review the process of registration and issue of ca rds to unorganised sector workers; f.Review the expenditure fr om the funds under va rious schemes; and g.Undertake such other funct ions as are assigned to it by the State Government from time to t ime. V. Lalremthanga, Special Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLIV Aizawl, Tuesday 26.5.2015 Jyaistha 5, S.E. 1937, Issue No. 236 NOTIFICATIONNo. B.14011/2/2009-LE&IT, the 25th May, 2015.In exercise of the power conferred by section 6 of the Unorganised Workers’ Social Security Act, 2008, the Mizoram Governor is pleased to constitute the Mizoram Sta te Social Secur ity Boa rd to perform the functions assign to it under the above said Act as follows: 1.Minister, Labour, Employment & Industrial Training Deptt.- Chairman 2.Secr etary, Labour, Employment & Industr ial Tra ining Deptt- Member Secretary Repr esenta tives of Legisla tive Assembly 3.Pu Chalrosanga , MLA- Member 4.Pi C.Vanlalawmpuii, MLA- Member Representatives of Unorganised Workers 5.President, National Trade Union of Mizora m (NTUM) Gen. Hqr., Aizawl. - Member 6.President, Federa tion of Mizora m Tra de Union (FOMT U) Gen. Hqr., Aiza wl. - M emb er 7.President, Centre of India Trade Union Mizoram (CITUM)- Member Gen. Hqr.,Aizawl. 8.President, Mizoram Labour Assn. (MLA), Gen. Hqr., Aizawl- Member 9.General Secretary, Mizoram Mistiri Assn.(MMA) Gen. Hqr., Aizawl.- Member 10.President, Mizoram Chanchinbu Sem Assn, Gen. Hqr., Aizawl.- Member 11.President, All Mizoram Farmers Union(AMFU) Gen. Hqr., Aizawl.- Member Representatives of Employers of Unorganised Workers: 12.Repr esentative of Public Works Department- Member 13.Repr esentat ive of Public H ealth Engineer Depart ment- Member 14.President, Mizoram Merchant Assn. (MIMA) Gen. Hqr., Aizawl.- Member 15.President, Mizoram Journalist Assn.(MJA), Gen. Hqr., Aizawl- Member 16.President, Mizoram Maxi Cab Owners Assn. (MMCOA)- Member Gen. Hqr., Aizawl. 17.President, Aizawl C ity Bus Owners Assn. (ACBOA) Gen. Hqr., Aizawl. - Member 18.Secretary, Aizawl Municipal Council- Member Representatives of Eminent Civil Society. 19.President, Central YMA, Gen. Hqr., Aizawl.- Member - 2 - Ex-236/2015 20.President, MHIP, Gen. Hqr., Aizawl.- Member 21.President, PRISM, Gen. Hqr., Aizawl.- Member 22.Pi Vanramchhuangi, President, Human Right &- Member Law Network, Gen. Hqr., Aizawl. 23.Angela CH.R alte, P resident, Centr e for P eace & Develop ment- Member Representatives of State Government Depa rtments 24.Socia l Welfar e Depart ment- Member 25.Health & F amily Welfare Depart ment- Member 26.Information & Public Relation (I&PR) Department- Member 27.Sericulture Depart ment- Member 28.Labour, Employment & Industrial Training Department- Member 29.Agriculture Department- Member 30.Industries Department- Member The term of office of the Mizora m State Social Securit y Board shall be three years commencing from the date of its constitution. The Board shall meetatleast once in a qu arter a t such time and place as may be fixed from time to t ime. Functions of the Boar d: a.Recommend the State Government in formulating suitable schemes for different sections of the unor ganised sector workers; b.Advise the State Government on su ch matters arising out of the adminis tration of the Unorganised Workers’ Social Security Act, 2008 as may be referred to it; C. Monitor such social welfare schemes for unorga nised workers as are adminis tered by the S tate Government; d.Review the r ecord keeping functions performed at the District level; e.Review the process of registration and issue of ca rds to unorganised sector workers; f.Review the expenditure fr om the funds under va rious schemes; and g.Undertake such other funct ions as are assigned to it by the State Government from time to t ime. V. Lalremthanga, Special Secretary to the Govt. of Mizoram, Labour, Employment & Industrial Tra ining Deptt.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50