MADHYA PRADESH SHRAM KALYAN NIDHI
RULES, 1984[1] In exercise of the powers conferred by
Section 33 of the Madhya Pradesh Shram Kalyan Nidhi Adhiniyam, 1982 (No. 36 of
1983), the State Government hereby makes the following rules, the same having
been previously published as required by sub-section (1) of Section 33 of the
said Act, namely: (1)
These rules may be called the Madhya Pradesh
Shram Kalyan Nidhi Rules, 1984. (2)
They shall come into force on such date[2] as
the State Government may by notification appoint. In these rules, unless the context
otherwise requires. (a)
"Act" means the Madhya Pradesh
Shram Kalyan Nidhi Adhiniyam, 1982 (No. 36 of 1983); (b)
"Form" means a form appended to
these rules; (c)
"Section" means a section of the
Act. (1)
Within thirty days from the date on which the
Act comes into force in any area in respect of the establishments specified
therein, every employer of such establishments in such area shall pay to the
Board by cheque, bank draft, money order or cash: (a)
all fines realised form the employer before
the said date and remaining unutilised on that date; and (b)
all unpaid accumulations held by the employer
on the aforesaid date. (2)
Subsequent to the first payment made in
accordance with sub-rule (1) every employer shall pay to the Board, all fines
realised from the employees and all repaid accumulations during the quarter
ending 31st March, 30th June, 30th September and 31st December within fifteen
days from the close of each quarter. (3)
The payment under sub-rules (1) and (2)
shall, in each case, be accompanied by a statement giving full particulars of
the amounts paid. (4)
All other amounts mentioned in sub-section
(2) of Section 3 of the Act shall also be paid to the Board. (5)
Every employer shall submit to the Board a
statement of employer's contribution and employees' contribution in respect of
employees whose names stand on the register of the establishment on 30th June
and 31st December respectively in form along with the payment of contribution
under sub-section (3) of Section 9. (1)
The Welfare Commissioner may, after mailing
such enquiries as it may deem fit, and after calling for a report from the
inspector, if necessary, serve a notice on any employer to pay any portion of
fines realised from the employees or unpaid accumulations held by him which the
employer has not paid in accordance with Rule 3 or the contributions payable by
him under Section 9 within the period specified therein, which shall not be
less than 30 days from the date of service of such notice. (2)
The notice under sub-rule (1) shall be served
on the employer either by personal service or by registered post acknowledgment
due : Provided that in case any employer
refuses to receive such notice or it is returned by the postal authorities with
the remarks that the employer refused to accept it or it cannot be served it
shall be deemed to have been served if a copy thereof is posted on any suitable
place at or near the main entrance of the Establishment. The number of members to be nominated
on the Board under clauses (b) and (c) of sub-section (3) of Section 4 shall be
as under : (1)
Representatives of the employer-6; (2)
Representatives of the employees-6; (3)
Independent members of whom at least one
shall be women-7. (1)
The Chairman, if he is a non-official member
he will be entitled to get such allowance and other facilities as may be
prescribed time to time by the State Government. (2)
The other members of the Board excluding Secretary
shall be eligible to an allowance of Rs. 25 for attending each meeting of the
Board. (3)
The Chairman and members of the Board while
travelling on duty shall be entitled to travelling and daily allowances as
are admissible to First Grade Officers of State Government. (1)
The Board shall meet at least once every
quarter as often as may be necessary. (2)
All members of the Board shall be given
fifteen clear days notice of a meeting specifying the date, time and place of the
meeting and the business to be transacted thereat: Provided that, a shorter notice may be
given if in the opinion of the Chairman, business of an emergent nature has to
be transacted. (3)
The number of members necessary to constitute
a quorum at a meeting of the Board shall be seven of whom at least one each
shall be from employers, the employees and the independent members. (a)
If a member is unable to attend any meeting
of the Board, he may, by a written instrument signed by him addressed to the
Chairman of the Board, and explaining the reasons for his inability to attend
the meeting, appoint any representative of the organisation which he represent
on the Board, as his substitute for attending that meeting of the Board in this
place : Provided that no such appointment
shall be valid unless : (i)
such appointment has been approved by the
Chairman of the Board; and (ii)
the instrument making such appointment has
been received by the Chairman at least seven days before the date fixed for the
meeting. A substitute validly appointed shall
have all the rights and powers of a member, in relation to the meeting of the
Board in respect of which he is appointed. (4)
Every meeting of the Board shall be presided
over by the Chairman or if the Chairman is, for any reason, unable to attend
it, by such one of the members present, as may be chosen by the meeting to be
the Chairman for the occasion. (5)
If there is no quorum present as laid down in
sub-rule (3), the Chairman shall, after waiting for thirty minutes from the
time fixed for the meeting, adjourn the meeting to such hour on some other day
as he may fix. A Notice of such adjourned meeting shall be sent to every member
of the Board and the business fixed for the original meeting shall be brought
before the adjourned meeting and may be disposed off at such meeting whether
there is quorum or not. (6)
All questions placed before the meeting of
the Board shall be decided by a majority of the members present and
voting, at the meeting the Chairman have a second or casting vote in case of
equality of votes. (7)
The Secretary, and in his absence any other
officer of the Board authorised by the Chairman shall record the minutes of the
proceedings of the meeting of the Board and shall include therein the names of
the members present. A copy of such minutes shall be submitted to the State
Government as soon as they are confirmed by the Board. (1)
A Committee which may be constituted under
Section 7 shall consist of members not exceeding 7, out of which at least 3
shall be members of the Board. (2)
The term of members of a Committee appointed
for a specific job shall be the period taken for completing the said job,
provided that in no case such term shall exceed the term of nominated members
under sub-section (4) of Section 4 of the Act. (3)
The term of members of other committees shall
be coterminus with the term of the nominated members under sub-section (4) of
Section 4. The notice referred to in sub-section
(3) of Section 8 shall contain the following particulars, namely : (a)
name and address of the establishment in
which the unpaid accumulation was earned; (b)
wage period during which the unpaid
accumulation was earned; (c)
amount of the unpaid accumulation; (d)
list of employees and the amount of unpaid
accumulation in respect of each of them paid to the Board. The statement to be submitted to the
State Government by the Welfare Commissioner under sub-section (8) of Section 9
shall be in Form 'B'. (1)
The accounts of the Fund for each financial
year ending 31st March, shall be prepared and maintained in Form 'C'. (2)
The Board shall cause to be maintained the
following registers : (a)
Fees register separately for different
Welfare activities; (b)
Unpaid accumulations account register; (c)
Register of quarterly receipts of unpaid
accumulations from the establishment and publication of notices; (d)
Register of payments towards settlement of
claims ,to unpaid accumulations under Section 8; (e)
Register of fines and unpaid accumulations
received under Rule 3; (f)
Register of contribution received under
Section 9; (g)
Register of payment of allowances to members
under Rule 5; (h)
Register of immovable properties of the
Board; (i)
Register of movable properties of the Board; (j)
Register of penal interest paid under Section
10; (k)
Register of voluntary donations to the Board; (l)
Register of grant in aid or subsidy paid by
the State Government; (m)
Register of sums borrowed under Section 12; (n)
Register of loans advanced by the State
Government; (o)
Register of grant in aid under Section 11
(3); (p)
Separate registers on expenditure in providing
Welfare facilities mentioned in sub-section (2) of Section 11; (q)
Registers relating to strength of staff,
their attendance, earned leave, casual leave, salary advance, loans and such
other registers as the Welfare Commissioner may deem necessary for the proper
administration of the Board. The annual statement of accounts of
the Board shall be prepared in Form D. (1)
The Welfare Commissioner shall cause the
budget estimates for each financial year to be prepared and laid before the
Board on or before the first day of December of the Financial year next
preceding for its acceptance and thereafter the budget estimates as accepted by
the Board shall be forwarded to the State Government on or before 30th
December. (2)
The State Government may amend, modify or
alter the estimates submitted for its approval under sub-rule (1) in any
respect or manner as it may deem fit and shall return the same with its
approval with or without amendment, modification or alteration, within thirty
days of the receipt of the budget estimates. (3)
The budget estimate approved by the State
Government under sub-rule (2) shall constitute the budget of the Board for the
financial year and shall be issued under the seal of the Board and signed by
the Chairman, the Welfare Commissioner and the Secretary. An authentic copy of
the budget shall be forwarded to the State Government before the end of
February. (1)
If during the course of the financial year it
becomes necessary to incur expenditure over and above the provisions made
in the budget, the Board shall immediately submit to the State Government the
details of the proposed expenditure and specify the manner in which it is proposed
to meet such additional expenditure. (2)
On receipt of the proposal under sub-rule
(1), the State Government may either approve the proposed additional
expenditure in full or in part with such modifications or reject it totally. A
copy of the order passed by the State Government on the proposal shall be
communicated to the Board. Payment from the fund shall be made. (a)
where the amount payable is less than Rs. 250
in cash; and (b)
where the amount payable is more than Rs. 250
by Bank Draft or through Cheques issued by the Welfare Commissioner : Provided that in any particular case
the Board may, for special reasons to be recorded, authorise payment in cash in
respect of any amount payable by it. Every Inspector shall, for carrying
out the purposes of the Act, also have the powers to require any employer to
produce any document for his inspection to supply him a true copy of any such
document and to give him a statement in writing. Besides of officers to be appointed by
the State Government under Sections 15 and 16 of the Act, the Board shall have
such number of officers, clerical, executive and other staff as may be
determined by the Board with the previous approval of the State Government: Provided that whenever it is necessary
to alter the strength so determined, the Board shall send necessary proposals
with justification to the State Government for approval. The classification, the pay scales and
allowances of the posts determined under Rule 17 shall be such as may be
determined by the Board, from time to time with the previous approval of the
State Government. (1)
Recruitment to the Boards service shall be by
the following methods, namely : (a)
by direct recruitment by competitive
examination; (b)
by direct recruitment by selection; (c)
by promotion of members of the service; and (d)
by obtaining State Government Servants on
deputation under Section 18. (2)
The number of persons to be recruited through
direct recruitment and promotion shall not exceed the percentage
determined by the Board with the previous approval of the State Government. (3)
Subject to the provisions of these rules, the
method or methods of recruitment to be adopted for the purpose of filling any
particular vacancy or vacancies in the service as may be required to be filled
during any particular period of recruitment and the number of persons to be
recruited by each method shall be determined on each occasion by Welfare
Commissioner. (4)
Notwithstanding anything contained in
sub-rule (1), if in the opinion of the Welfare Commissioner the exigencies of
the services so required, the Welfare Commissioner may with the approval of the
Board and the State Government, adopt such method of recruitment to the service
other than, those specified in the said sub-rule as he may, by order issued in
this behalf, specify. All appointments except those
mentioned in Sections 15 and 16 shall be made by the Welfare Commissioner with
the approval of the Board and no such appointment shall be made except after
selection by one of the methods of recruitment specified in Rule 19. In order to be eligible to be
selected, a candidate must satisfy the following conditions, namely: (a)
he must have attained the age of 18 years and
not attained the age of 30 years on the first day of January next following the
date of commencement of the selection. (b)
The upper age limit shall be relaxed as
follows : (i)
in case of Scheduled Castes and Scheduled
Tribes candidates up to 35 years; (ii)
if a candidate holding a post of the Board's
service applies for another post being filled through competitive examinations
he will be allowed to deduct from his age the period of total service rendered
by him up to the maximum of 7 years, subject however, to the resultant age not
exceeding the upper age limit by more than five years; (iii)
in case of retrenched Government servant, the
period of all temporary services previously rendered by him up to a maximum
limit of 7 years shall be allowed to be deducted from his age provided that the
resultant age does not exceed the upper age limit by more than three years. Explanation: The term retrenched
Government servant shall have
the meaning assigned to it in the M.P. Labour Service (Gazetted) Recruitment
Rules, 1974. (iv)
in case of ex-servicemen, the period of all defence
service previously rendered by him shall be allowed to be deducted from his
age. Explanation : The term
'ex-servicemen' denotes a person who belonged to any of the categories
mentioned in Rule 8 of the Madhya Pradesh Labour Service (Gazetted) Recruitment
Rules, 1974 and who was employed under the Government of India for a continuous
period of not less than 6 months and who was retrenched or declared surplus as
a result of the recommendations of the economy with or due to normal reduction
in the establishment not more than three years before the date of his
registration at any employment exchange or of application made otherwise for
employment in the Board's service. (c)
he must possess the educational
qualifications which may be laid down by the Board for different posts with the
previous approval of the State Government: Provided that in exceptional cases and
in the exigencies of service the Board may on the recommendation of the Welfare
Commissioner, treat as qualified a candidate, who though not possessing any of
the qualifications specified in this clause has passed examination conducted by
other institutions by a standard which in the opinion of the Board justified
admission of the candidate to the examination and selection. (d)
He must pay the fees fixed by the Board. Subject to the provisions of clause
(c) of Rule 21, the decision of the Welfare Commissioner as to the eligibility
or otherwise of a candidate of selection shall be final and no candidate to
whom a certificate of admission has not been issued by the Welfare Commissioner
shall be allowed to appear at the examination or be interviewed. Any attempt on the part of a candidate
to obtain support for his candidature by any means may be held by the Welfare
Commissioner to disqualify him for selection. (1)
A competitive examination for recruitment to
the service shall be held at such intervals as the Welfare Commissioner may, in
consultation with the Board, from time to time determine. (2)
The examination including interviews shall be
conducted by the Welfare Commissioner in accordance with the procedure as may
be determined by the Board. (1)
Direct recruitment by selection to the
service shall be held at such intervals as the Welfare Commissioner may in
consultation with the Board, from time to time, determine. (2)
For purposes of selection under sub-rule (1)
names of persons having prescribed qualifications shall be obtained from the
Employment Exchange. (3)
For Selection of candidates for service shall
be made by the Welfare Commissioner or other officer or Selection Committee as
may be determined by the Board, after interviewing them : Provided that a written test may also
be held before interview to ascertain the candidates writing or typing
capabilities. (1)
Fifteen per cent and eighteen per cent of the
available vacancies direct recruitment under Clause 3 (a) & (b) of sub-rule
(1) of Rule 19 shall be reserved for candidates who are members of the
Scheduled Castes and Scheduled Tribes respectively. (2)
In filling the vacancies so reserved,
candidates who are members of the Scheduled Castes and Scheduled Tribes shall
be considered for appointment in the order in which their names appear in the
list referred to in Rule 27 irrespective of their relative rank as compared
with other candidates. (3)
If sufficient number of candidates belonging
to the Scheduled Castes and Scheduled Tribes are not available for filling all
the vacancies reserved for them the remaining vacancies shall not be filled
from the general candidates but re-advertise immediately and in the case of
direct recruitment by selection, fresh names shall be obtained from the
Employment Exchange. If any vacancies are still left unfilled they may be
filled up from the general candidates and an equivalent number of additional
vacancies shall be reserved for candidates belonging to the Scheduled Castes or
Scheduled Tribes for the subsequent two examinations or selections, as the case
may be : Provided that if sufficient number of
suitable candidates are not available even after the two examinations or
selections to fill all the reserved vacancies including the additional vacancies
or such of them as are not filled shall lapse. (1)
Where recruitment is made by a competitive
examination, the Welfare Commissioner shall prepare a list arranged in
order of merit of the candidates who have qualified by such standard as may be
determined by the Board, under sub-rule (2) of Rule 24 and of the candidate
belonging to the Scheduled Castes and Scheduled Tribes who though not qualified
by the standard are declared by the Welfare Commissioner to be suitable for
appointment to the Board's service with due regard to the maintenance of
efficiency of Board's administration. The list shall be pasted on the Notice
Board of the Administrative Office of the Board. (2)
Subject to the provisions of these rules, candidates
will be considered for appointment to the available vacancies in the order in
which their names appear in the list. (3)
Where recruitment is made by selection, the
Welfare commissioner shall prepare a list of candidates whom he considers most
suitable on the basis of the written test and interview or only interview, as
the case may be, arrange in order of preference and of candidates belonging to
Scheduled Castes and Scheduled Tribes. Who though not qualified by the standard
laid down are declared by the Welfare Commissioner to be suitable for
appointment to the service with due regard to the maintenance of efficiency of
Board's Administration. The list shall be pasted on the Notice Board of
Administrative Office of the Board. (4)
The inclusion of a candidate's name in the
list confers no right to appointment unless the Welfare Commissioner is
satisfied after such enquiry as he may consider necessary that the candidate is
suitable in all respect for appointment to the service. (1)
The Board shall lay down the criteria for
eligibility for promotion to various posts to be filled by promotion under Rule
19. (2)
The Board shall constitute a committee of
three members of whom two shall be the officers and one a member of the Board
for making a preliminary selection for promotion of eligible candidates.
Different Committees may be constituted for different categories of posts. (3)
The Committee shall prepare a list of such
person as satisfy the criteria laid down under sub-rule (1) and as are held by
the Committee to be suitable for promotion to the service based on merit with
due regard to seniority. This list shall be sufficient to cover probable
vacancies for two years. (4)
The names of the person included in the list
shall be arranged in order of seniority in the service : Provided that any junior person who,
in the opinion of the Committee, is of an exceptional merit and suitability may
be assigned in the list a higher place than that of persons senior to him. (5)
The list so prepared shall be reviewed and
revised every year. (6)
If in the process of selection, review or
revision, it is proposed to supersede any members of the service the Committee
shall record reasons for the proposed supersession. (7)
The list prepared under this rule shall be forwarded
by the Committee to the Board. (8)
The Board, shall consider the list prepared
by the Committee along with the other documents received from the Committee
and, unless it considers any change necessary, approve the list. (9)
If the Board considers it necessary to make
any change in the list received from the Committee, it shall inform the
Committee of the change proposed and, after taking into account the comments,
if any, of the Committee may approve the list finally with such modification,
if any, as may in its opinion be just and proper. (10)
The list as finally approved by the Board,
shall form the select list for promotion of the members of the service to a
particular category of posts. This list shall ordinarily be in force until it
is reviewed or revised under sub-rule (5): Provided that in the event of a grave
lapse in the conduct or performance of duties on the part of any person
included in the select list, a special review of the select list may be made at
the instance of the Board and the Committee may, if it thinks fit, remove the
name of such person from the list. (11)
Appointment of the persons included in the
select list to a particular category of posts, shall follow the order in which
their names appear in the select list: Provided that, whether administrative
exigencies so require a person whose name is not included in the Select list or
who is not next in order in the Select list, may be appointed to the Service if
the Board is satisfied that the vacancy is not likely to last for more than
three months. Every person directly recruited to the
service of the Board shall be appointed on probation for a period of two years. (1)
The persons appointed under Section 17 shall
function under the administrative, supervisory and disciplinary control of the
Board. (2)
The provisions of the Madhya Pradesh Civil
Services (Classification, Control and Appeal) Rules, 1966 shall apply mutatis
mutandis for disciplinary action against a person appointed under Section 17 of
the Act. An enquiry contemplated under Section
19 shall be made in accordance with the provisions of the Madhya Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1966 by an officer
specified by the State Government for the purpose. The Expenditure on officers and the
servants appointed under Chapter IV of the Act and other administrative
expenditure shall not exceed 50 per cent of the annual income of the fund. Every employer of an establishment
shall maintain and preserve for period of 10 years a consolidated register of
unclaimed wages and fines in Form 'E': Provided that in cases pending before
the Appellate Authority the register shall be preserved till the cases are
finally disposed. If any question relating to the
interpretation of these rules arises, it shall be referred to the Sate
Government whose decision shall be final.MADHYA PRADESH SHRAM KALYAN NIDHI RULES, 1984
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