Rule 38. Deposit of the undisbursed dues in case of death of employeeunder clause (b) of sub-section (1) of Section 44

(1) Where any amount payable to an employee under clause (b) of sub-section (1) of Section 44 remains undisbursed, since no nomination has been made by such employee or for any other reason, such amount could not be paid to the nominee of the employee, all such amount shall be deposited by the employer after the expiry of six months from the date the amount become payablewith the Additional/Deputy Labour Commissioner having jurisdiction, before the expiry of fifteenth day after the last day of the said period of six months.

(2) The amount to be deposited under sub-rule (1) shall be through bank transfer or through a crossed demand draft obtained from any nationalised or scheduled bank in India drawn in favour of such Additional/ Deputy Labour Commissioner.

(3) Who shall disburse the amount to the person nominated by the employee after ascertaining his identity within two months of the date on which the amount was so deposited with him. For the purpose of ascertaining the identity of nominated person, the Additional/Deputy Labour Commissioner may seek help from the officers of the Revenue and Police Department.

(4) Where any amount payable to an employee under this Code is due after his death or on account of his where abouts not being known, remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of three months from the date the amount had become payable, all such amounts shall be deposited by the employer with the Regional Additional/Deputy Labour Commissioner, Government of Uttar Pradesh having jurisdiction through Demand Draft or electronic transfer before the expiry of the fifteenth day after the last day of the said period of three months.