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 Rule 37 and 38 (hereinafter in this rule referred to as the amount) deposited with the Regional Additional/Deputy Labour Commissioner, Government of Uttar Pradesh having jurisdiction shall remain with him and be invested in the Central or State Government Securities or deposited as a fixed deposit in a nationalized bank.

(2) The Regional Additional/Deputy Labour Commissioner, Government of Uttar Pradesh having jurisdiction shall exhibit, as soon as may be possible, a notice containing such particulars regarding the amount as the Regional Additional/ Deputy Labour Commissioner, Government of Uttar Pradesh considers sufficient for information at least for fifteen days on the notice board and a copy of such information shall be sent to the employer as well, through manually and electronically both and the same shall be published in two local newspapers having maximum circulation. This notice shall also be displayed on the web-site of Labour Commissioner, Uttar Pradesh through a separate link meant for this purpose:

Provided that the expenses against the publication of notices in local newspapers shall be borne by the State Government.

(3) Subject to the provision of sub-rule (4), the Regional Additional/Deputy Labour Commissioner, Government of Uttar Pradesh having jurisdiction 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 Regional Additional/Deputy Labour Commissioner has decided, after giving the opportunity of being heard, the amount to be paid. For the purpose of ascertaining the identity of nominated person or legal heirs, the Additional/ Deputy Labour Commissioner may seek help from the officers of the Revenue and Police Department.

(4) If the undisbursed amount remains unclaimed for a period of two years, the Regional Additional/ Deputy Labour Commissioner, Government of Uttar Pradesh having jurisdiction, shall transfer the amount, with interest, if any, to Uttar Pradesh Labour Welfare Fund constituted under Section 3 of the Uttar Pradesh Labour Welfare Fund Act, 1965 (Act no. 14 of 1965).

(5) The amount so transferred to Uttar Pradesh Labour Welfare Fund in accordance with sub-rule (4), shall be administered by the provisions of the Uttar Pradesh Labour Welfare Fund Act, 1965 (Act no. 14 of 1965) and rules made thereafter.