Dear All, while facing an audit from LEO, we received a notice from the Labour Department stating that our company has not submitted or intimated Form A under the Payment of Wages Act (Mines Rules 1956) Section 2A.
Notice of opening, abandonment, discontinuance, reopening, and change in ownership and addresses, etc.
While reviewing the said rule and act, we observed that the form is the responsibility of the Principal Employer (PE). However, LEO mentioned that it should also be submitted by the contractor company. In this case, who is actually responsible for the submission of the aforesaid form? Your input will be highly appreciated and helpful.
Regards, Vinod Kumar | Sr. HR Executive
From India, Jaipur
Acknowledge(0)
Amend(0)
1Notice of opening, abandonment, discontinuance, reopening, and change in ownership and addresses, etc.
While reviewing the said rule and act, we observed that the form is the responsibility of the Principal Employer (PE). However, LEO mentioned that it should also be submitted by the contractor company. In this case, who is actually responsible for the submission of the aforesaid form? Your input will be highly appreciated and helpful.
Regards, Vinod Kumar | Sr. HR Executive
From India, Jaipur
Acknowledge(0)Amend(0)
Dear Vinod Kumar, You can send the reply to the LEO that the said notice under Form A can only be submitted by the mines manager/Agent/owner (to be filled in only when the notice refers to a change, and only against the item in respect of which notice is given), if you are a contractor.
The Payment of Wages (Mines) Rules, 1956
1[Form A (See rule 2A)]
Notice of opening, abandonment, discontinuance, reopening, and change in the ownership, address, etc.
From ...................................
To The Regional Labour Commissioner (Central), .................................................. ..............................
Sir, I have to furnish the following particulars in respect of* ......................... at................... mine of...................... (owner).
1. In the case of change of name of mine: Old name of mine Date of change
2. (a) Situation of the mine: Village Police Station Sub-division (Taluk) District State (b) In the case of a new mine, particulars of the situation of the mine: Post Office Telegraph Office Railway Station Rest House (Give distance therefrom) Means of traveling
3. (a) Name and Postal address of Present/Previous** (i) Owner (ii) Managing Agent, if any (iii) Agent, if any (iv) Manager (v) In case of change, date of change
4. Date on which it is intended to open/reopen/abandon/discontinue*** the mine.
5. Actual date of opening/reopening/abandonment/discontinuance*** of the mine.
6. 2[No. of persons affected.]
Yours faithfully, Signature Designation: Owner/Agent/Manager
Date.............................
*Mention the matter to which the notice refers. **To be filled in only when the notice refers to a change, and only against the item in respect of which notice is given.
Who is your PE, and what role does your establishment play in that mine? You can contact the office of the DGMS to understand things; they are the right people to guide you.
From India, Mumbai
Acknowledge(1)
Amend(0)
The Payment of Wages (Mines) Rules, 1956
1[Form A (See rule 2A)]
Notice of opening, abandonment, discontinuance, reopening, and change in the ownership, address, etc.
From ...................................
To The Regional Labour Commissioner (Central), .................................................. ..............................
Sir, I have to furnish the following particulars in respect of* ......................... at................... mine of...................... (owner).
1. In the case of change of name of mine: Old name of mine Date of change
2. (a) Situation of the mine: Village Police Station Sub-division (Taluk) District State (b) In the case of a new mine, particulars of the situation of the mine: Post Office Telegraph Office Railway Station Rest House (Give distance therefrom) Means of traveling
3. (a) Name and Postal address of Present/Previous** (i) Owner (ii) Managing Agent, if any (iii) Agent, if any (iv) Manager (v) In case of change, date of change
4. Date on which it is intended to open/reopen/abandon/discontinue*** the mine.
5. Actual date of opening/reopening/abandonment/discontinuance*** of the mine.
6. 2[No. of persons affected.]
Yours faithfully, Signature Designation: Owner/Agent/Manager
Date.............................
*Mention the matter to which the notice refers. **To be filled in only when the notice refers to a change, and only against the item in respect of which notice is given.
Who is your PE, and what role does your establishment play in that mine? You can contact the office of the DGMS to understand things; they are the right people to guide you.
From India, Mumbai
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Abstract of PAYMENT OF GRATUITY ACT & RULES, 1972, FORM U[1].doc