Rule 38. Manner of dealing with deposit of undisbursed dues

(1) The undisbursed amount in sub rule (1) of rule 37 (hereinafter in this rule referred to as “the amount”) shall remain with the concerned Deputy Commissioner of Labour and be invested in the Central or State Government Securities or deposited as a fixed deposit in a scheduled bank.

(2) The concerned Deputy Commissioner of Labour shall exhibit, as soon as may be possible, a notice containing such particulars as the Deputy Commissioner of Labour considers sufficient for information at least for fifteen days on the notice board and also publish such notice in any two local newspapers of vernacular language commonly understood in the area in which undisbursed wages were earned and also in two local newspapers in vernacular language in the area of permanent residence of the employee.

(3) Subject to the provisions of sub-rule (4), the concerned Deputy Commissioner of Labour shall release the amount to the nominee or to that person who has claimed such amount, as the case may be, in whose favour such Deputy Commissioner of Labour has decided, after giving the opportunity of being heard.

(4) In case the undisbursed amount remains unclaimed for a period of seven years, the same shall be dealt as directed by the State Government from time to time in this behalf.