Rule 69. The manner of recording the Memorandum in a register by the Competent Authority under sub-section (1) of Section 89

(1) Form of Memorandum : Memorandum of Agreement sent to the Competent Authority under sub-section (1) of Section 89 shall unless the Competent Authority otherwise directs be in duplicate, and shall be in as close conformity as the circumstances of the case admitted with Form – XXVIII (A) or Form – XXVIII (B) or Form – XXVIII (C), as the case may be.

(2) Procedure where Competent Authority does not consider that he should refuse to record memorandum :

(a) On receiving a memorandum of agreement, the Competent Authority shall unless he consider that there are grounds for refusing to record the memorandum, fix a date for recording the same, and shall issue a notice in writing in Form – XXIX to the parties concerned that in default of objection he proposed to record the memorandum on the date so fixed :

Provided that the notice may be communicated orally to any parties who are present at the time while notice in writing would otherwise issue;

(b) On the date so fixed, the Competent Authority shall record the memorandum unless, after hearing any of the parties who appear and desire to be heard, he considers that it ought not to be recorded :

Provided that the issue of notice under clause (a) shall not be deemed to prevent the Competent Authority from refusing to record the memorandum on the date so fixed even if no objection be made by any party concerned;

(c) If on such date the Competent Authority decides that the memorandum ought not to be recorded, he shall inform the parties present of his decision and of the reason therefore and if any party desiring the memorandum to be recorded, if not present, he shall send information to that party in Form – XXX.

(3) Procedure when Competent Authority considers that he should refuse to record memorandum :

(a) If, on receiving a memorandum of agreement, the Competent Authority considers that there are grounds for refusing to record the same, he shall fix a date for hearing the party or parties desiring a memorandum to be recorded, and shall inform such party or parties and if he think fit, any other party concerned of the date so fixed and of the grounds on which he considers that the memorandum should not be recorded ;

(b) If, the parties to be informed are not present, a written notice shall be sent to them in Form – XXXI (A) or in Form – XXXI (B), as the case may be, and the date fixed in such notice shall be not less than 7 days after the date of the issue of the same ;

(c) If, on the date so fixed under clause (a), the party or parties desiring the memorandum to be recorded show adequate cause for proceeding to record the same, the Competent Authority may if information has already been given to all the parties concerned record the agreement. If information has not been given to all such parties he shall proceed in accordance with the sub-rule (2 );

(d) If, on the date so fixed the Competent Authority refuses to record the memorandum he shall send notice in Form – XXX to any party who did not receive information under clause (a).

(4) Procedure on refusal to record memorandum :

(a) If, in any case the Competent Authority refuses to record a Memorandum of Agreement, he shall briefly record his reasons for such refusal ;

(b) If, the Competent Authority refuses to record a Memorandum of Agreement, he shall not pass an order directing the payment of any sum or amount over and above sum specified in the agreement unless opportunity has been given to the party liable to pay such sum to show cause as to why it should not be paid. Where the agreement is for the redemption of half monthly payments by the payment of a lump sum, and the Competent Authority considers that the Memorandum of Agreement should not be recorded by reasons of the inadequacy of the amount of such sum as fixed in the agreement he shall record his estimates of the probable duration of the disablement of the employee.