Rule 17. The procedure under sub-section (3) of Section 19 to impose fine and format of register to be maintained under sub-section (8) and manner to expense the amount of fine

(1) Every employer requiring the approval to impose fines in respect of any act or omission on the part of the employed person shall send to the regional Additional/ Deputy Labour Commissioner and having jurisdiction:–

(a) a list, in duplicate, clearly defining such acts and omissions;

(b) in cases where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate, showing those appointments in the establishment of which the incumbents may pass orders imposing fines and the class of establishment on which the incumbent of each such appointment may impose fines.

(2) The Authority mentioned in sub-rule (1), on receipt of the list may, after such enquiry as he considers necessary, pass orders either:–

(a) disapproving the list;

(b) approving the list either in its original form or as amended by him, in which case such list shall be considered to be an approved list:

Provided that no order disapproving or amending any list shall be passed unless the employer shall have been given an opportunity of showing cause in writing why the list, as submitted by him should be approved.

(3) The employer shall display at the main entrance and on notice board of the establishment a copy of such approved list in English together with a literal translation in Hindi.

(4) No fine may be imposed by any person other than an employer or a person holding an appointment named in the list submitted under clause (b) of sub-rule (1).

(5) As per sub-section (3) of Section 19, the employer shall give intimation electronically or in writing to the employee concerned specifying therein the particulars of acts and omissions done by the employee, warranting the imposition of fine for showing cause within seven days.

(6) On establishment of charges, fine shall be imposed on the delinquent employee.

(7) Wherein no reply is received from the employee within the scheduled period, fine shall be imposed and the same shall be intimated to the employee within fifteen days of the implementation of such fine.

(8) The person imposing a fine or directing the making of deduction for damage or loss shall without unnecessary delay inform the employer of all particulars and the employer shall maintain the details of such fines or deductions in a register as mentioned in Form-I.

(9) The amount so accumulated, by way of all sorts of deductions, fines and realisations shall be applied only to such beneficial purposes to the persons employed in the establishment through such welfare schemes or measures, to be prepared by the employer and approved by Labour Commissioner, Uttar Pradesh or Additional Labour Commissioner/ Deputy Labour Commissioner, having territorial jurisdiction:

Provided that, nothing in these rules, prevents the employer to contribute any amount for these welfare measures or schemes meant for these purposes.