Rule 39. Manner of dealing with the undisbursed dues under clause (b) of sub-section (1) of section 44

(1) The amount referred to in sub rule (1) of rule 38 (hereinafter in this rule referred to as "the amount"), deposited with Labour Welfare Commissioner/Assistant Commissioner of Labour having jurisdiction shall remain with him and be invested in the Central or State Government Securities or deposited as a fixed deposit in a Scheduled bank.

(2) The Labour Welfare Commissioner/Assistant Commissioner of Labour having jurisdiction will exhibit, as soon as maybe possible, a notice containing such particulars regarding the amount as the Labour Welfare Commissioner/Assistant Commissioner of Labour considers sufficient for information at least for fifteen days on the notice board and also publish such notice in any two newspapers being circulating in the language commonly understood in the area in which undisbursed wages were earned.

(3) Subject to the provision of sub-rule (4), if the amount is claimed by the nominee or as the case may be by the other person, the Labour Welfare Commissioner/Assistant Commissioner of Labour having the jurisdiction shall after giving opportunity of being heard and verify the authenticity of the claim, release the amount in favour of such nominee or person.

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