1. For Statement of Objects and Reasons see Gazette of India, Pt. V, p. 20 and for Report of the Select Committee see Gazette of India, Pt. V, p. 77. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, section 3 and Schedule; to Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schedule I; to Pondicherry by Reg. 7 of 1963, section 3 and Schedule I and to Lakshadweep Islands by Reg. 8 of 1965, section 3 and Schedule.
2. Substituted by Act 38 of 1982, section 2 for "persons employed in industry" (w.e.f. 15-10-1982).
(1) This Act may be called the Payment of Wages Act, 1936.
1*[(2)It extends to the whole of India 2 [***]].
(3) It shall come into force on such date3 as the Central Government may by notification in the Official Gazette, appoint.
(4) It applies in the first instance to the payment of wages to persons employed in any 4*[factory,to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling contract with a railway administration, 5*[and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section2].
(5) The [state Government] may, after giving three months' notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 6*[this Act] or any of them to the payment of wages to any class of persons employed in 7*[any establishment or class of establishments specified by 8 [appropriate government] under sub-clause (h) of clause (ii) of section 2]:
9*[Provided that in relation to any such establishment owned by the Central Government no such notification shall be issued except with the concurrence of that Government.]
10*(6) This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette,specify.".
1. Substituted by the Adaptation of Laws Order, 1950, for sub-section (2).
2. The words "except the State of Jammu and Kashmir" Substituted by Act3 of 1951, section 3 and Schedule for thewords "except Part B States" which were subsequently omitted by Act 51 of1970, section 2 and Schedule
3. Came into force on 28-3-1937, see Gazette of India, 1937, Pt. I, pg.626.
4. Substituted by Act 38 of 1982, section 3, for "factory and to persons"w.e.f. 15-10-1982.
5. Inserted by Act 38 of 1982, section 3w.e.f. 15-10-1982.
6. Substituted by Act 68 of 1957, section 2, for "the Act"w.e.f. 1-4-1958.
7. Substituted by Act 38 of 1982, section 3, for "any industrial establishment or in any class or group of industrial establishments" w.e.f.15-10-1982.
8.Substitute dived Payment of Wages (Amendment) Act, 2005. Previous text was "the central Government or a state Government"
9. Substituted by Act 38 of 1982, section 3, for proviso w.e.f. 15-10-1982.
10.Substitute dived Payment of Wages (Amendment) Act, 2005. Previous text was Nothing in this Act shall apply to wages payable in respect of a wage-period, over such wage-period,average [one thousand six hundred rupees] a month or more.
In this Act, unless there is anything repugnant in the subject or context,-
1*[(i) "Appropriate Government" means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government;';
2*[(ia) "Employed person" includes the legal representative of a deceased person;
(ib) "Employer" includes the legal representative of a deceased employer;
(ic) "Factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;]
(ii) 3*["industrial or other establishment" means] any-
4*[(a) Tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward;
(aa) Air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;]
(b) Dock, wharf or jetty;
5*[(c) inland vessel, mechanically propelled;]
(d) Mine, quarry or oil-field;
(e) Plantation;
(f) Workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;
6*[(g) Establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on;]
7*[(h) Any other establishment or class of establishment which[the appropriate Government] may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;]
8*[(iia) "Mine" has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);]
9*[(iii) "Plantation" has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);]
(iv) "Prescribed" means prescribed by rules made under this Act;
10*(v) "Railway administration" has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989(24 of 1989);.
11[(vi) "Wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-
(a) Any remuneration payable under any award or settlement between the parties or order of a Court;
(b) Any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) Any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);
(d) Any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(e) Any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include-
(1) Any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a Court;
(2) The value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the State Government;
(3) Any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) Any travelling allowance or the value of any travelling concession;
(5) Any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) Any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).]
STATE AMENDMENTS
12*[Gujarat--Same as that Maharashtra.]
13*[Jammu and Kashmir.-- In section 2, clause (ii), after sub-clause (g), insert the following clause, namely:-
"(h) Forest where any category of labour is engaged by the Government or by a forest lessee in any operation connected with the extraction of timber or firewood or exploitation of the forest in any other manner;]
14*[Madhya Pradesh.-
(a) In section 2, after clause (i), insert the following clause, namely,-
"(ia) 'Industrial Court' means the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (26 of 1960);]
(b) After clause (ii), insert the following clause namely:-
"(iia) 'Legal representative' means the person who in law represents the estate of a deceased employed person.]
15*[Maharashtra.- In section 2-
(a) After clause (ii), insert the following clause, namely:-
"(iia) 'Legal representative' means the person who in law represents the estate of a deceased employed person".
(b) For clause (iii), substitute the following clause, namely:-
"(iii) 'Plantation' means-
(a) Any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, or
(b) Any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar:
Provided that on such estate or farm twenty-five or more persons are engaged for the purpose:".
16*[Tamil Nadu.- In section 2, in clause (ii)-
(i) In item (a), after the words "omnibus service" the words "or motor or other transport undertaking", add;
(ii) After item (g), add the following item, namely:
"(h) Establishment or undertaking which the State Government may, by notification in the Official Gazette, declare to be an industrial establishment for the purpose of this Act;]
1. Inserted vide Payment of Wages (Amendment) Act, 2005. Also previous clauses (i), (ia) and (ib) renumbered as (i), (ia) (ib) and (ic)
2. Substituted by Act 53 of 1964, section 3, for clause (i) w.e.f. 1-2-1965.
3. Substituted by Act 38 of 1982, section 4, for ' "industrial establishment" means' w.e.f. 15-10-1982.
4. Substituted by Act 53 of 1964, section 3, for sub-clause (a) w.e.f. 1-2-1965.
5. Substituted by Act 68 of 1957, section 3, for sub-clause (c) w.e.f. 1-4-1958.
6. Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958.
7. Inserted by Act 38 of 1982, section 4 w.e.f. 15-10-1982.
8. Inserted by Act 53 of 1964, section 3 w.e.f. 1-2-1965.
9. Substituted by Act 53 of 1964, section 3, for clause (iii) w.e.f. 1-2-1965.
10. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was (v) "railway administration" has the meaning assigned to it in clause (6) of section 3 of the Indian Railways Act, 1890 (9 of 1890); and]
11. Substituted by Act 68 of 1957, section 3, for clause (vi) w.e.f. 1-4-1958.
12. Vide Gujarat Act 26 of 1961, sec. 2 (w.e.f. 12-6-1961).
13. Vide Jammu and Kashmir Act 6 of 1974, sec. 2 (w.e.f. 17-4-1974).
14. Vide Madhya Pradesh Act 11 of 1964, sec. 2 (w.e.f. 15-5-1964).
15. Vide Bombay Act 48 of 1955, sec. 2 (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, sec. 2 and Sch. (w.e.f. 4-3-1961).
16. Vide Tamil Nadu Act 9 of 1959, Sec. 2(w.e.f. 1959).
(1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,-
(a) In factories, if a person has been named as the manager of the factory under clause (f) of sub-section (1)of section 7 of the Factories Act, 1948;
(b) In industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;
(c) Upon railways (other than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local are aconcerned;
(d) In the case of contractor, a person designated by such contractor who is directly under his charge; and
(e) In any other case, a person designated by the employer as a person responsible for complying with the provisions of the Act, the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment.".
(2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the employer to make payment of all wages required to be made under this Act in case the contractor or the person designated by the employer fails to make such payment."
1. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act:Provided that, in the case of persons employed (otherwise than by a contractor)-
(a)in factories, if a person has been named as the manager of the factory under * [clause(f) of sub-section (1) of section 7 of the Factories Act, 1948 (63of 1948)];
**[(b) In industrial or other establishments, if there is a person responsible to the employer for the supervision and control of industrial or other establishments;]
(c) Upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, the person so named, the person responsible to the employer, or the person so nominated, as the case may be ***[shall also be responsible] for such payment.]
* Substituted by Act 68 of 1957, section 4, for"clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of1934)" w.e.f. 1-4-1958. ** Substituted by Act 38 of 1982,section 5, for clause (b) w.e.f. 15-10-1982. *** Substituted by Act 53 of 1964,section 4, for "shall be responsible" w.e.f. 1-2-1965.
(1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
(1) The wages of every person employed upon or in-
(a) Any railway, factory or 1*[industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh day,
(b) Any other railway, factory or 1*[industrial or other establishment] shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable:
2*[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.]
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated:
2*[Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.]
(3) The 3*[state Government] may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) 4*[or to persons employed as daily-rated workers in the Public Works Depart¬ment of the Central Government or the State Government] from the operation of this section in respect of the wages on any such persons or class of such persons:
4*[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.]
(4) 5*[Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day.
STATE AMENDMENTS
6* Andaman and Nicobar Islands
In section 5, for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) The wages of every person employed upon or in any railway, factory or industrial establishment shall be paid before the expiry of such number of days after the last day of the wage-period in respect of which the wages are payable as the State Government may be general or special order, specify and different number of days may be specified for different areas; so, however, that the number of days so specified shall not exceed the wage-period next following the wage-period in respect of which the wages are payable."
7* Lakshad weep
In section 5, for sub-section (1), substitute the following, namely:-
"(1) The wages of every person employed in any factory or industrial establishment shall be paid before the expiry of such number of days, after the last day of the wage-period in respect of which the wages are payable, as the State Government may, by general or special order, specify, and different number of days may be specified for different areas, so, however, that the number of days so specified shall not exceed the wage-period next following the wage-period in respect of which the wages are payable."
All wages shall be paid in current coins or currency notes or in both:
1*[ Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
STATE AMENDMENTS
2*Andhra Pradesh
In section 6, after the existing proviso add further proviso namely:-
"Provided further that the State Government may, by notification in the Andhra Pradesh Gazette, specify the industrial establishments, the employers of which shall pay to the persons employed therein, the wages either by cheque or by crediting the wages in their bank account"-
3*Assam
In section 6, add the following proviso and Explanation-
"Provided that notwithstanding anything contained in the Payment of Bonus Act, 1965, one-third of the amount of bonus payable to an employed person in a particular year in excess of rupees forty may be paid or invested into the National Defence Certificates or National Savings Certificates (First Issue), if the employed person records his assent by furnishing a no-objection certificate in the manner to be prescribed, to his employer.
Explanation-For the purposes of this section, the expression (1) 'wages' shall include any bonus of the description given in sub-clause (1) of clause (vi) of section 2; and (2) 'bonus' mean bonus payable to an employed person under the terms of employment or under an award or settlement or order of a Court, and also includes any bonus of the description given in sub-clause (1) of clause (vi) of section 2."
4*Bihar
In section 6, the following proviso shall be added, namely:-
"Provided that where the amount of entire bonus payable during a year to an employed person under the terms of employment or under any award or settlement or orders of a Court exceeds an amount equal to one-forth of his earnings (exclusive of dearness allowance) for that year such excess shall be paid to him or invested on his behalf in the manner prescribed."
5*Gujarat
Same as that of Maharashtra.
6*Maharashtra
For section 6, the following shall be substituted-
"6. Wages to be paid in current coins or currency notes.-
All wages shall be paid in current coins or currency notes, or in both:
Provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to one-forth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed." Explanation.-For the purpose of this section, the expression-
(1) 'Wages' shall include any bonus of the description given in sub-clause (1) of clause (iv) of section 2, and
(2) 'Bonus' means any bonus payable to an employed person under the terms of employment or under an award or settlement or order of a Court and also includes any bonus of the description given in sub-clause (1) of clause (vi) of section 2."
7*Orissa
In section 6, the following proviso shall be added, namely:-
"Provided that when the amount of bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed."
(1) Notwithstanding the provisions of 1[the Railways Act, 1989] , the wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act.
2*[Explanation I].-Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages.
3*[Explanation II.-Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely:-
(i) The withholding of increment or promotion (including the stoppage of increment at an efficiency bar):
(ii) The reduction to a lower post or time scale or to a lower stage in a time scale: or
(iii) Suspension,shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf by the [state Government] by notification in the Official Gazette.]
(2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely:-
(a) Fines;
(b) Deductions for absence from duty;
(c) Deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
4*[(d) Deductions for house-accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the[state Government] by notification in the Official Gazette;]
[(e) Deductions for such amenities and services supplied by the employer as the 5[***][state Government] 6*[or any officer specified by it in this behalf] may, by general or special order, authorise;]
Explanation-The word "services" in 7[this clause] does not include the supply of tools and raw materials required for the purposes of employment;]
8*[(f) Deductions for recovery of advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages;
(ff) Deductions for recovery of loan made from any fund constituted for the welfare of labour [in accordance with the rules approved by the[State Government]], and the interest due in respect thereof;
(fff) Deductions for recovery of loans granted for house-building or other purposes [approved by the [state Government] and the interest due in respect thereof;]]
(g) Deductions of income-tax payable by the employed person;
(h) Deductions required to be made by order of a Court or other authority competent to make such order;
(i) Deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (19 of 1925), applies or any recognized provident fund as defined 9[in section (38) of section 2 of the Income-tax Act, 1961], or any provident fund approved in this behalf by the State Government, during the continuance of such approval;] 10[***]
(j) Deductions for payments to co-operative societies [approved by the [state Government] 6[or any officer specified by it in this behalf]] or to a scheme of insurance maintained by the Indian Post Office; 11*[and]
11*[12*[(k) Deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any[state Government] or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government.]]
13*[(kk) Deductions made, with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the Trade Union Act, 1926 (16 of 1926), for the welfare of the employed persons or the members of their families, or both, [and approved by the[state Government] or any officer specified by it in this behalf, during the continuance of such approval;]
(kkk) Deductions made, with the written authorisation of the employed person, for payment of the fees payable by him for the membership of any trade union registered under the Trade Unions Act, 1926 (16 of 1926);]
6*[(l) Deductions, for payment of insurance premia on Fidelity Guarantee Bonds;
(m) Deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes;
(n) Deductions for recovery of losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration; whether in respect of fares, freight, demurrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of sale of commodities in grain shops or otherwise;
(o) Deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default;]
14*[(p) Deductions, made with the written authorisation of the employed person, for contribution to the Prime Minister's National Relief Fund or to such other Fund as the Central Government may, by notification in the Official Gazette, specify;]
15*[(q) Deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.]
16*[(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be made under sub-section (2) in any wage-period from the wages of any employed person shall not exceed-
(i) In cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy-five percent of such wages, and
(ii) In any other case, fifty, percent, of such wages:
Provided that where the total deductions authorised under sub-section (2) exceed seventy-five percent, or, as the case may be, fifty percent, of the wages, the excess may be recovered in such manner as may be prescribed.
(4) Nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than 17*[ the Railways Act, 1989.]
STATE AMENDMENTS
18*[Gujarat.-In section 7, in sub-section (2), in clause (k), omit the words "for being deposited in any post office. Savings Bank.]
19*[Karnataka.-In section 7, in sub-section (2), after clause (p), add the following clauses, namely:-
"(q) Deductions to recover from a person re-employed after the termination of his former employment any amount paid to him from a provident fund or as a gratuity on such termination:
Provided that such recovery shall not exceed 20 per cent. of total earnings, re-employment in this context means employment under the same employer.".
(r) 19[***]
20*[Kerala.-In section 7, in sub-section (2), after clause (o), insert the following clause, namely,-
"(p) Deduction for re-payment to the State Government of the amount of financial aid granted under the Kerala Financial Aid to the Discharged or Dismissed Labour Rules, 1958.]
21*[Madhya Pradesh.-
In section 7, in sub-section (2), after clause (e), insert the following clause, namely:-
"(ee) Deduction with the written authorization of the person employed for payment of any subscription to any welfare scheme sponsored by the employees whether with or without participation of employer, such as Employees' Death Relief Scheme and approved by such authority and in such manner as may be prescribed.]
22*[Maharashtra.-
In section 7, in sub-section (2), in clause (d), after the word "employer", add the following words, namely:-
"Or the State Government, or the Bombay Housing Board constituted under the Bombay Housing Board Act, 1948 (Bom LXIX of 1948), or such other agency as the State Government may, by notification in the Official Gazette, direct." [Vide Maharashtra Act 37 of 1956, sec. 2 (w.e.f. 19-7-1956)].
In section 7, in sub-section (2)-
(a) In clause (j), at the end, omit the word "and";
(b) After clause (k), add the following clause namely:-
"(1) Deduction made, with the consent of the person employed, for contribution towards any public charitable purpose which the State Government may by notification in the Official Gazette specify in that behalf.]
23*[ In section 7, in sub-section (2), in clause (k), omit the words "for being deposited in any post office, Savings Bank.]
24*[Orissa.-In section 7, in sub-section (2), in clause (d), after the words "supplied by the employers" insert the words "or by the State Government or by any Housing Board or agency which the State Government may notify this behalf.]
25*[Pondicherry.-In section 7, in sub-section (2) after clause (d), insert the following clause, namely:-
"(dd) Deductions for electricity supplied to the employed person by the Electricity Department of the Government of Pondicherry.] 26[Tamil Nadu.--In Section 7, in sub-section (2), after clause (d), insert the following clause, namely:-
"(dd) Deductions for electricity supplied to the employed person by the Tamil Nadu Electricity Board under section 5 of the Electricity (Supply) Act, 1948 (Central Act 54 of 1948), hereinafter in this Act referred to as the State Electricity Board.]
In section 7, in sub-section (2) after clause (g), insert the following clause, namely:-
27*[(gg) Deductions of profession tax payable by the employed person to any local authority.]
28*[West Bengal.-
In section 7, in sub-section (2), after clause (e), insert the following clause, namely:-
"(ee) Deductions for contribution to a fund created under a 'Death Benefit Scheme' approved by the State Government and designed to render pecuniary assistance to the nominees of a deceased employed person nominated in such manner as may be prescribed who had been a member of such a scheme;
Provided that no deduction shall be made without written authorization of the employed person in the form and manner prescribed in the scheme.
Explanation I.-
(1) Where the employed person has a family, a member of the family, shall be nominated.
(2) Where the employed person has no family, any person may be nominated.
Explanation II.-
For the purpose of Explanation I,-
(1) The family of a male employed person shall include his wife, legitimate children, dependent parents, the widow and legitimate children of his predeceased son:
Provided that if such employed person proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance from him, the wife shall not be regarded as a member of his family:
Provided further that such employed person may subsequently by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that his wife may continue to be regarded as a member of his family;
(2) The family of a female employed person shall include her husband, legitimate children, dependent parents, husband's dependent parents, the widow and legitimate children of her predeceased son:
Provided that such employed person may by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that her husband and his dependent parents have been excluded from her family:
Provided further that such employed person may subsequently by a notice in writing to such authority cancel the aforesaid notice; and (3) If a legitimate child of an employed person or of a predeceased son of an employed person is validily adopted by any other person under any law in force for the time being, such child shall not be a member of the family of such employed person.]
1. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)"
2. Explanation re-numbered as Explanation I by Act 68 of 1957, section 5 w.e.f. 1-4-1958.
3. Inserted by Act 68 of 1957, section 5 w.e.f. 1-4-1958.
4. Substituted by Act 68 of 1957, section 5, for clause (d) w.e.f. 1-4-1958.
5. The words "Governor-General in Council or" omitted by the A.O. 1937.
6. Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965.
7. Substituted by Act 56 of 1974, section 3 and Schedule II, for "this sub-clause".
8. Substituted by Act 53 of 1964, section 6, for clause (f) w.e.f. 1-2-1965.
9. Substituted vide Payment of Wages (Amendment) Act, 2005
10. The word "and" omitted by Ordinance 3 of 1940, section 2.
11. Added by Ordinance 3 of 1940, section 2.
12. Substituted by Act 68 of 1957, section 5, for clause (k) w.e.f 1-4-1958.
13. Inserted by Act 38 of 1982, section 7 w.e.f. 15-10-1982.
14. Inserted by Act 29 of 1976, section 4 w.e.f 12-11-1876.
15. Inserted by Act 19 of 1977, section 2, w.e.f. 30-6-1977.
16. Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965.
17. Substituted vide Payment of Wages (Amendment) Act, 2005.
18. Vide Gujarat Act 26 of 1961, sec. 4 (w.e.f. 12-6-1961)].
19. Omitted by Karnataka Act 2 of 1982, sec. 2 (w.e.f. 28-1-1982).
20. Vide Kerala Act 34 of 1959, sec. 2 (w.e.f. 8-10-1969).
21. Vide Madhya Pradesh Act 33 of 1976, sec. 3.
22. Vide Maharashtra Act 42 of 1961, sec. 2 (w.e.f. 9-10-1961).
23. Vide Maharashtra Act 13 of 1961, sec. 5 (w.e.f. 4-3-1961).
24. Vide Orissa Act 22 of 1956, sec. 2 (w.e.f. 29-10-1956).
25. Vide Pondicherry Act 9 of 1970, sec. 2 (w.e.f. 25-5-1970)].
26. Vide Tamil Nadu Act 20 of 1963 and T.N.A.L.O. 1970.
27. Vide Tamil Nadu Act 47 of 1974, sec. 2.
28. Vide West Bengal Act 26 of 1975 as amended by West Bengal Act 19 of 1981 (w.e.f. 4-7-1981).
(1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of the [state Government] or of the prescribed authority, may have specified by notice under sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of person employed upon a railway (otherwise than in a factory), at the prescribed place or places.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise, than in accordance with such procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage period on any employed person shall not exceed an amount equal to 1*[three per cent.] of the wages payable to him in respect of that wage-period.
(5) No fine shall be imposed on any employed person who is under the age of fifteen years.
(6) No fine imposed on any employed person shall be recovered from him by installments or after the expiry of 2*[ninety days] from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority.
Explanation.-When the persons employed upon or in any railway, factory or3*[industrial or other establishment] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.
STATE AMENDMENTS
4*[Andhra Pradesh.- In section 8, in sub-section (8), before the Explanation, insert the following, namely:-
"but in the case of any establishment to which the Andhra Pradesh Labour Welfare Fund Act, 1987 applies, all such realizations shall be paid into the fund constituted under the said Act.]
5*[Gujarat (Bombay Area).- In its application to the Bombay Area of the State of Maharashtra, in section 8, in sub-section (8), before the Explanation, add the following words, namely:-
"but in the case of any factory or establishment to which the Bombay Labour Welfare Fund Act, 1953, applies, all such realizations shall be paid into the fund constituted under the said Act.]
6*[Karnataka.- In section 8, in sub-section (8), before the Explanation, add the following words, namely:-
"but in the case of any factory establishment to which the Mysore Labour Welfare Fund Act, 1965 applies, all such realizations shall be paid into the fund constituted under the said Act.]
7*[Kerala.- In section 8, in sub-section (8), before the Explanation, insert the following proviso, namely:-
Provided that in the case of any establishment to which the Kerala Labour Welfare Fund Act, 1975, applies, all such realizations shall be paid into the fund constituted under that Act.]
5*[Maharashtra.- In its application to the Bombay Area of the State of Maharashtra, in section 8, in sub-section (8), before the Explanation, add the following words, namely:-
"but in the case of any factory or establishment to which the Bombay Labour Welfare Fund Act, 1953, applies, all such realizations shall be paid into the fund constituted under the said Act.]
8*[Punjab, Haryana.- See Proviso II to section 10(2) of the Punjab Labour Welfare Fund Act, 1965 (Punjab Act 17 of 1965) and Act 31 of 1966, sec. 88.
Tamil Nadu.- In section 8, in sub-section (8), at the end, add the following words, namely:-
"but in the case of any establishment to which the Tamil Nadu Labour Welfare Fund Act, 1972 applies all such realization shall be paid into the Fund constituted under the aforesaid Act.] 9[Uttar Pradesh.- In section 8, in sub-section (8), add the following proviso, namely:-
"Provided that in the case of any factory or establishment to which the U.P. Welfare Fund Act, 1965, applies, all such realization shall be paid into the fund established under the said Act.]
(1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a large proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the terms of his employment, he was required to work: Provided that, subject to any rules made in this behalf by the State Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.
1*[Explanation.-For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]
1*[(1) A deduction under clause (c) or clause (o) of sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person.
(1A) A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause(o) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions.]
(2)All such deductions and all realisations thereof shall be recorded in aregister to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed.
A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and, in the case of deduction under the said clause (e), shall be subject to such conditions as 1 [***] the State Government may impose.
STATE AMENDMENTS
SECTION 11A
2* Pondicherry
After section 11, insert the following section, namely:-- "11A. The employer shall, if so required by a requisition in writing, by the Electricity Department of the Government of Pondicherry or by an officer authorized by it in this behalf, make the deductions authorized under clause (dd) of sub-section (2) of Section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify."
3* Tamil Nadu
After section 11, insert the following section, namely:-
"11A. Deductions in respect of house accommodation.-
The employer shall make the deductions authorized under clause (d) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order specify."
SECTION 11B
4* Tamil Nadu
Same as section 11A in Pondicherry.
SECTION 11C
5* Tamil Nadu After section 11B, insert the following section, namely:-- "11C. Deductions in respect of profession tax.--The employer shall, if so required by a requisition in writing, by the local authority concerned or by an officer authorized by it in this behalf, make the deductions authorized under clause (gg) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted to the credit of the local authority concerned in such manner as the State Government may, by general or special order, specify."
Deductions under clause (f) of subsection (2) of section 7 shall be subject to the following conditions, namely:-
(a) Recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling-expenses;
1*[(aa) Recovery of an advance of money given after employment began shall be subject to such conditions as the State Government may impose;]
(b) Recovery of advances of wages not already earned shall be subject to any rules made by the State Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.
12A -2* Deductions for recovery of loans
Deductions for recovery of loans granted under clause (fff) of sub-section (2) of section 7 shall be subject to any rules made by the State Government regulating the extent to which such loans may be granted and the rate of interest payable thereon.]
Deductions under clause (j)1*[and clause (k)] of sub-section (2) of section 7 shall be subject to such conditions as the State Government may impose.
STATE AMENDMENT
2*Karnataka
In section 13,
(1) for the headline the following heading shall be substituted, namely-
"13. Other deductions."
(2) For the words, letters and brackets, "under clause (j) and clause (k)" the words, letters and brackets, "under clause (j), clause (k) and clause (q)" shall be substituted.
13A -3* Maintenance of registers and records
(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
(1) An Inspector of Factories appointed under 1*[sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.
(2) 2*[The State Government] may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway otherwise than in a factory to whom this Act applies.
(3) 2*[The State Government] may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and 3 [industrial or other establishments] in respect of which they shall exercise their functions.
4*[(4) An Inspector may,-
(a) Make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made there under are being observed;
(b) With such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 3 [industrial or other establishments] at anyreasonable time for the purpose of carrying out the object of this Act;
(c) Supervise the payment of wages to persons employed upon any railway or in any factory or 3 [industrial or other establishment;]
(d) Require by a written order the production at such place, as may be prescribed, of any register maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act;
(e) Seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;
(f) Exercise such other powers as may be prescribed: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.
(4A) The provisions of the 5*[Code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be, apply to any search or seizure under this sub-section as they apply to any search or seizure made under the authority of a warrant issued under 6*[section 94] of the said Code.]
(5) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
14A -7* Facilities to be afforded to Inspectors
Every employer shall afford an Inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act.]
1*[(1) The appropriate Government may, by notification in the Official Gazette, appoint-
(a) Any Commissioner for Workmen's Compensation; or
(b) Any officer of the Central Government exercising functions as,- (i) Regional Labour Commissioner; or
(ii) Assistant Labour Commissioner with at least two years' experience; or
(c) Any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years' experience; or
(d) A presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State; or
(e) Any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate,as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims:
Provided that where the appropriate Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.";
(2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3):
Provided that every such application shall be presented within 2*[twelve months] from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be:
Provided further that any application may be admitted after the said period of 2*[twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
3*[(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further enquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: Provided that a claim under this Act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority:
Provided further that the period of three months may be extended if both parties to the dispute agree for any bona-fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner:
Provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to-
(a) A bona fide error or bona fide dispute as to the amount payable to the employed person; or
(b) The occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence; or
(c) The failure of the employed person to apply for or accept payment.";
4*[(4) If the authority hearing an application under this section is satisfied-
(a) That the application was either malicious or vexatious, the authority may direct that a penalty 5*[not exceeding three hundred seventy five rupees] be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or
(b) That in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be paid to the state Government by the employer or other person responsible for the payment of wages.
(4A) Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final.
(4B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).]
(5) Any Amount directed to be paid under this section may be recovered-
(a) If the authority is a Magistrate, by the authority as if it were a fine imposed by himas Magistrate, and
(b) If the authority is a Magistrate, by the Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate.
STATE AMENDMENTS
6*[Gujarat- In its application to the State of Bombay (which term shall stand unmodified--(Gujarat and Maharashtra A.L.O., 1960), in section 15,-
(a) In sub-section (1), for the words and figures beginning with "appoint any" and ending with "to be the authority", substitute the words "appoint one or more persons to be the authority or authorities.]
7*[Haryana.- In section 15, in sub-section (1), after the proviso, add the following proviso, namely:-
"Provided further that the State Government may transfer any matter from one authority to the another authority.]
9*[8*[Karnataka.-
(1) In its application to the State of Mysore, in section 15 for the words "stipendiary Magistrate", substitute the words "Judicial Magistrate.]
(2) In section 15-
(1) In sub-section (2), after the word, brackets and figure "sub-section (3)", insert the following words, namely:-
"and in case of death of the employed person, it shall be lawful for his legal representatives to make an application for such direction"; (2) for sub-section (5), substitute the following sub-section, namely:-
"(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890.]
10*[Madhya Pradesh.-- In section 15-,
(i) In sub-section (1), for the words beginning with "any Commissioner" and ending with "to be the authority", substitute the words "one or more persons to be the authority or authorities"; (ii) after sub-section (1), insert the following sub-sections, namely:-
"(1A) A person shall not be qualified for appointment as an authority under this Act, unless he is a Commissioner for Workmen's Compensation or any other officer with experience as a Judge of a Civil Court or of a Labour Court constituted under the Madhya Pradesh Industrial Relations Act, 1960.
(IB) Where more than one persons are appointed for any specified area as authorities under sub-section (1), the State Government may, by general or special order, make arrangement as it thinks fit for the distribution of the work among the authorities so appointed".;
(iii) In sub-section (2),-
(a) After the words "to act on his behalf", insert the words "or a representative union recognised as such under the Madhya Pradesh Industrial Relations Act, 1960";
(b) After the words "sub-section (3)", insert the words "and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction";
(iv) In sub-section (3),-
(a) After the words "employed person", insert the words "or his legal representative, as the case may be";
(b) For the words "ten rupees in the latter", substitute the words "twenty-five rupees in the latter case and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application";
(c) In the proviso, after the words "employed person" occurring twice, insert the words "or legal representative";
(v) For sub-section (4), substitute the following sub-section, namely:-
"(4) The authority hearing an application under this section is satisfied,-
(i) That the application was either malicious or vexatious, the authority may direct that any penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or
(ii) That, in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages which shall, when paid or recovered, be credited to the State Government.
(4a) Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority appointed under sub-section (1) and his decision shall be final.
(4b) The payment of the amount directed to be paid under this section to the employed person or his legal representative, as the case may be, shall be a full and complete discharge of the employer from the liability to make such payment under this Act, and no further claim shall lie against the employer in respect thereof".
12*[11*[Maharashtra.- In its application to the State of Bombay (which term shall stand unmodified-(Gujarat and Maharashtra A.L.O., 1960), in section 15,-
(a) In sub-section (1), for the words and figures beginning with "appoint any" and ending with "to be the authority", substitute the words "appoint one or more persons to be the authority or authorities.]
(b) After sub-section (1), insert the following sub-sections, namely:-
12*[(1A) A person shall not be qualified for appointment as an authority under this Act unless he is a Commissioner for Workmen's Compensation or any other officer with experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947.
(IB) Where more than one person are appointed for any specified area as authorities under sub-section (1), the State Government may by general or special order make such arrangements as it thinks fit for the distribution of the work among the authorities so appointed.]
13*[(c) in sub-section (2),-
(i) After the words "to act on his behalf", insert the words and figures "or a representative union registered as such under the Bombay Industrial Relations Act, 1946,";
(ii) After the word, brackets and figure "sub-section (3)", insert the words "and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction;]
14*[(iii) In both the provisos, for the words "six months", substitute the words "one year]
15*[(d) In sub-section (3),-
(i) For the words "refund to the employed person", substitute the words "refund to the employed person or his legal representative, as the case may be;]
16*[(ii) For the words "ten rupees", substitute the words "twenty-five rupees;]
17*[(iii) After the words "twenty-five rupees in the latter", insert the following words, namely:-
"and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application]
18*[(iv) In the proviso, after the words "employed person", at both the places where they occur, insert the words "or his legal representative".
(e) For sub-section (4), substitute the following sub-section, namely:-
"(4) If the authority hearing any application under this section is satisfied,-
(i) That the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or
(ii) That, in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government";
19[(f) For sub-section (5), substitute the following, sub-section, namely:-
"(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of Revenue Recovery Act, 1890";
20*[(g) After sub-section (5), add the following sub-section, namely:-
"(6) Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority and the decision of the authority shall be final".
21*[Rajasthan.- In sub-section (1), after the expression "stipendiary Magistrate", insert the expression "or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959).
22*[Tamil Nadu.-- In section 15, for sub-section (5), substitute the following sub-section, namely:-
"(5) If any amount directed to be paid under this section is not paid by the employer or by other person responsible for payment of wages under section 3 to the person entitled thereto, the authority shall, on an application made to it by such person himself, or any legal practitioner, or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, issue a certificate for that amount to the Collector, who shall recover the same, as arrears of land revenue and pay the same to the person entitled thereto."
SECTION 15A
23*[Andhra Pradesh.- After section 15, insert the following section, namely:-
"15A. Exemption of court-fees in respect of proceedings under section 15.-
(1) In respect of any proceedings under section 15, the applicant shall not be liable to pay any court-fees, other than fees, payable for service of process: Provided that, where the application is presented by an Inspector or any person acting with the permission of the authority appointed under sub-section (1) of section 15, he shall not also be liable to pay the fees for service of process.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate in the manner prescribed the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for payment of wages under section 3 to pay the amount to the State Government. Where the amount is not so paid, it shall, without prejudice to any other mode of recovery, be recoverable as if it were an arrear of land revenue.]
24*[Gujarat.-In its application to the State of Bombay, after section 15, insert the following section, namely:-
"15A. Liability for payment of court-fees.-
(1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for the service of process) in respect of such proceedings: Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employee or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.]
25*[Karnataka.-After section 15, insert the following section, namely:-
"15A. Liability for payment of court-fees.-
(1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for the service of process in respect of such proceedings):
Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employee or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. (3) When an appeal is preferred under section 17 by a person making an application under section 15, the provisions of sub-sections (1) and (2) shall mutatis mutandis apply with the modification that such person, not being an Inspector, shall pay court-fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal.]
26*[Maharashtra.--In its application to the State of Bombay, after section 15, insert the following section, namely:-
"15A. Liability for payment of court-fees.-
(1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for the service of process) in respect of such proceedings: Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1) and direct the employee or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.]
27*[Rajasthan.-Same as in Maharashtra, except that in the proviso, for the word 'also' at the end, word 'even' is used.]
1. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was the state Government may, by notification in the Official Gazette, appoint *[a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State or] any Commission for Workmen's Compensation or other officer with experience as a Judge of a Civil Court or as a stipendiary magistrate to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, **[of persons employed or paid in that area, including all matters, incidental to such claims: Provided that where the state Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.]]
* Inserted by Act 53 of 1964, section 13 w.e.f. 1-2-1965. ** Substituted by Act 53 of 1964, section 13, for "of persons employed or paid in that area" w.e.f. 1-2-1965.
2. Substituted by Act 53 of 1964, section 13, for "six months" w.e.f. 1-2-1965.
3. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and *[not exceeding twenty-five rupees in the latter, and even if the amount deducted or the delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees]]
* Substituted by Act 53 of 1964, section 13, for "not exceeding ten rupees in the latter" w.e.f. 1-2-1965.
4. Substituted by Act 53 of 1964, section 13, for sub-section (4) w.e.f. 1-2-1965.
5. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "not exceeding fifty rupees"
6. Vide Gujarat Act 26 of 1961, sec. 2 (w.e.f. 12-6-1961).
7. Vide Haryana Act 5 of 1985, sec. 2 (w.e.f. 12-4-1985).
8. Vide Mysore Act 13 of 1965, sec. 66 and Sch. (w.e.f. 1-10-1965)].
9. Vide Karnataka Act 2 of 1977, sec. 5 (w.e.f. 1-2-1982).
10. Vide Madhya Pradesh Act 11 of 1964, sec. 4 (w.e.f. 15-5-1964)].
11. Vide Bombay Act 48 of 1955, sec. 3(a) (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961 sec. 2 (w.e.f. 4-3-1961)].
12. Vide Bombay Act 48 of 1955, sec. 3(b) (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961)].
13. Vide Bombay Act 48 of 1955, sec. 3(c), (w.e.f. 1-7-1956)].
14. Vide Bombay Act 62 of 1953, sec. 4(2) (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961, sec. 6 (w.e.f. 4-3-1961).
15. Vide Bombay Act 48 of 1955, sec. 3(d) (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961)].
16. Vide Bombay Act 62 of 1953, sec. 4 (3) (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961).
17. Vide Bombay Act 48 of 1955, sec. 3(d); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961)].
18. Vide Bombay Act 62 of 1953, sec. 4(5) (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961)].
19. Vide Bombay Act 70 of 1954, sec. 2 (w.e.f. 15-11-1954); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961).
20. Vide Bombay Act 48 of 1955, sec. 3(e) (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961).
21. Vide Rajasthan Act 11 of 1976, sec. 2.
22. Vide Tamil Nadu Act 27 of 1986.
23. Vide Andhra Pradesh Act 21 of 1968, sec. 2 (w.e.f. 26-10-1968).
24. Vide Gujarat Act 26 of 1961, sec. 2 (w.e.f. 12-6-1961).
25. Vide Karnataka Act 2 of 1997, sec. 6 (w.e.f. 142-1982).
26. Vide Bombay Act 62 of 1953, sec. 5 (w.e.f. 10-5-1994); Maharashtra Act 13 of 1961, sec. 2 (w.e.f. 4-3-1961).
27. Vide Rajasthan Act 13 of 1970, sec. 3 (w.e.f. 3-12-1970).
(1) Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if1*[deductions have been made from their wages in contravention of this Act for the same cause and during the same wage-period or periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by section 5.
(2) A single application may be presented under section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case2*[every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of section 15].
(3) The authority may deal with any number of separate pending applications, presented under section 15 in respect of persons belonging to the same unpaid group, as a single application presented under sub-section (2) of this section, and the provisions of that sub-section shall apply accordingly.
(1) 1*[An appeal against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred, within thirty days of the date on which 2*[the order or direction] was made, in a Presidency-town 3 [***] before the Court of Small Causes and elsewhere before the District Court-
(a) By the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 4 [or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or
5*[(b) By an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or]
(c) By any person directed to pay a penalty under 6*[sub-section (4)] of section 15.
7*[(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.]
8*[(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub-section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.]
7*[(3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.
(4) The court referred to in sub-section (1) may, if it thinks fit, submit any question of law for the decision of the High Court and, if it so does, shall decide the question in conformity with such decision.]
STATE AMENDMENTS
Gujarat
In section 17, in sub-section (1),-
9*[(1) Same as that of Maharashtra (1).]
10*[(2)(i) for clause (b), substitute the following namely:-
"(b) By an employed person, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or a representative union registered as such under the Bombay Industial Relations Act, 1946, or any Inspector under this Act, or any other person authorised by an authority to make an application under subsection (2) of section 15, and in the case of death of the employed person, by his legal representative, as the case may be, if the total amount of wages claimed to have been withheld from the employed person, or from the unpaid group to which the employed person belonged, exceed fifty rupees, or";
(ii) After the first proviso, add the following proviso, namely:-
"Provided further that, when the order or direction appealed against was made by any person who holds or has held office of or above the rank of a District Judge or the Judicial Member of the Industial Court constituted under the Bombay Industrial Relations Act, 1946, or the presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947, an appeal under this section shall lie to the High Court".]
11* Karnataka
(1) In section 17,-
(1) In sub-section (2), after the words, brackets and figure "sub-section (4) of that section" the words, brackets, figures, and letter, "or any order made under sub-section (1) of section 17A" shall be inserted;
(2) After sub-section (4), the following sub-section shall be added, namely,-
"(5) The provisions of section 5 of the Limitation Act, 1963, shall be applicable to appeals under this section".
12* Madhya Pradesh In section 17,-
(1) In sub-section (1), for the words beginning with "in a Presidency town" and ending with "before the District Court" substitute the words "before the Industrial Court";
(2) In clause (b) (which has now been substituted by Act 53 of 1964), after the words "by an employed person", insert the words "or his legal representative or any Inspector under this Act";
(3) After clause (c), insert the following proviso:-
Same as in Maharashtra (1);
(4) After sub-section (2), insert the following sub-section:-
"(3) The provisions of section 5 of the Indian Limitation Act, 1908* shall be applicable to appeals under this section". Maharashtra
In section 17, in sub-section (1),-
13 [(1) Add the following proviso, namely:-
"Provided that no appeal by an employer or other person responsible for the payment of wages under section 3 under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited with it the amount payable under the order appealed against".]
14 [(2) Same as that of Gujarat (2)].
17A -15* Conditional attachment of property of employer or other person responsible for payment of wages
(1) Where at any time after an application has been made under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 16*[any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub-section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far as may be, apply to any order for attachment under sub-section (1).]
STATE AMENDMENTS
17* Gujarat
Same as that of Maharashtra.
18* Maharashtra
In section 17A, for the words "any official of a registered trade Union authorised in writing to act on his behalf", read the words "any other person or a representative union competent to present such appeal".
SECTION 17B
19* Gujarat
Same as that of Maharashtra.
20* Maharashtra
In its application to the State of Bombay, after section 17A, the following new section shall be inserted, namely:-
"17B. Provisions of section 15A to apply to appeals preferred under section 17 with modification.-
When an appeal is preferred under section 17 by a person making an application under section 15, the provisions of Section 15A shall mutatis mutandis apply, with the modification that such person, not being an Inspector, shall pay court-fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal."
1. Substituted by Act 68 of 1957, section 7, for "An appeal against a
direction made under sub-section (3) or sub-section (4) of section 15"
(w.e.f. 1-4-1958).
2. Substituted by Act 68 of 1957 section 7, for "the direction" (w.e.f. 1-4-1958).
3. The words "or in Rangoon" omitted by the A.O. 1937.
4. Inserted by Act 53 of 1964, section 15 (w.e.f. 1-2-1965).
5. Substituted by Act 53 of 1964, section 15, for clause (b) (w.e.f. 1-2-1965).
6. Substituted by Act 20 of 1937, section 2 and Schedule I, for"sub-section (5)".
7. Inserted by Act 53 of 1964, section 15 (w.e.f. 1-2-1965).
8. Substituted by Act 68 of 1957, section 7, for sub-section (2) (w.e.f. 1-4-1958).
9. Vide Bombay Act 62 of 1953, section 6 (w.e.f. 1-6-1961).
10. Vide Gujarat Act 26 of 1961, section 6 (w.e.f. 12-6-1961).
11. Vide Karnataka Act 2 of 1977, section 7 (w.e.f. 1-12-1982).
12. Now see section 5 of the Limitation Act, 1963 Vide Madhya Pradesh Act 11 of 1964, section 5 (w.e.f. 15-5-1964).
13. Vide Bombay Act 62 of 1953, section 6 (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961, section 2 (w.e.f. 4-3-1961).
14. Vide Maharashtra Act 13 of 1961, section 7 (w.e.f. 4-3-1961).
15. Inserted by Act 68 of 1957, section 8 ( w.e.f. 1-4-1958).
16. Substituted by Act 53 of 1964, section 16, for certain words ( w.e.f. 1-2-1965).
17. Vide Gujarat Act 26 of 1961, section 7 (w.e.f. 12-6-1961).
18. Vide Maharashtra Act 13 of 1961, section 8 (w.e.f. 4-3-1961).
19. Vide Bombay Act 70 of 1954, section 3 and Gujarat Act 26 of 1961, section 8 (w.e.f. 12-6-1961).
20. Vide Maharashtra Act 13 of 1961, section 9 (w.e.f. 4-3-1961).
21. Vide Rajasthan Act 13 of 1970, section 3 (w.e.f. 3-12-1970).
Every authority appointed under sub-section (1) of section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance or witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court of all the purposes of section 195 and of1*[Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)].
STATE AMENDMENTS
2*Tamil Nadu
After section 18, insert the following section, namely:-- "18A. Transfer of cases.-
(1) The State Government may, either on their own motion or on an application made in this behalf, order the transfer of any matter arising out of any proceedings pending before an authority to such other authority for disposal. Such authority to whom the matter is so transferred may, subject to any direction in the order of transfer, proceed either de novo or from the stage at which it is so transferred.
(2) The State Government may, by general or special order, authorise any officer of the Labour Department not below the rank of Deputy Commissioner of Labour to exercise such of their powers specified in subsection (1)".
[Rep. by Payment of Wages (Amendment) Act, 1964 (53 of 1964), section 17 (w.e.f. 1-2-1965).]
(1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, 1[section5 except sub-section (4) thereof, section 7, section 8 except sub-section(8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13], both inclusive, shall be punishable [with fine 2[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].
(2) Whoever contravenes the provisions of section 4, 3[sub-section(4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable [with fine which may extend to 4[three thousand seven hundred fifty rupees].
5*(2A) Whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thous and rupees.";
6*[(3)Whoever being required under this Act to maintain any records or registers or to furnish any information or return-
(a) Fails to maintain such register or record; or
(b) Willfully refuses or without lawful excuse neglects to furnish such information or return; or
(c) Willfully furnishes or causes to be furnished any information or return which he knows to be false; or
(d) Refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act, shall for each such offence, be punishable[with fine 7*[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].
(4) Whoever-
(a) Willfully obstructs an Inspector in the discharge of his duties under this Act; or
(b) Refuses or willfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorisedby or under this Act in relation to any railway, factory of 8[industrial or other stablishment]; or
(c) Willfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or
(d) Prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act, shall be punishable[with fine 7*[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].
(5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term 9*[with fine which shall not be less than three thousand seven hundred fifty rupees but which may extend to twenty-two thousand five hundred]: Provided that for the purpose of sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector.
(6) If any person fails or wilfully neglects to pay the wages of any employed person by the dale fixed by the authority, in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to 10*[seven hundred fifty rupees] for each day for which such failure or neglect continues.]
STATE AMENDMENTS
11*[West Bengal.- In section 20, in sub-section (1),-
(a) For the words "two hundred rupees", substitute the words "five hundred rupees", and
(b) For the words "one thousand rupees", substitute words "five thousand rupees.]
1. Substituted by Act 53 of 1964, section 18, for "section 5 and sections 7 to 13" w.e.f.1-2-1965.
2. Substituted by Act 38 of 1982, section 11, for "which may extend to five hundred rupees"w.e.f. 15-10-1982. Again substituted by Payment of Wages (Amendment) Act, 2005for the words "which shall not be less than two hundred rupees but which may extend to one thousand rupees]
3. Substituted by Act 53 of 1964, section 18, for "section 6" w.e.f. 1-2-1965.
4. Substituted by Act 38 of 1982, section 11, for "two hundred rupees" w.e.f. 15-10-1982.Again substituted vide Payment of Wages (Amendment) Act, 2005 for five hundred rupees
5. Inserted vide Payment of Wages (Amendment) Act,2005.
6. Inserted by Act 53 of 1964,section 18 w.e.f. 1-2-1965.
7. Substituted by Act 38 of 1982,section 11, for "which may extend to five hundred rupees" w.e.f. 15-10-1982.Again Substituted vide Payment of Wages (Amendment) Act, 2005 for words "which shall not be less than two hundred rupees but which may extend to one thousand rupees"
8.Substituted by Act 38 of 1982,section 11, for "industrial establishment" (w.e.f. 15-10-1982).
9. Substituted by Act 38 of 1982, section 11, for "which may extend to three months or with fine which may extend to one thousand rupees or with both" w.e.f. 15-10-1982.Substituted vide Payment of Wages (Amendment) 2005 upees.
10. Substituted by Act 38 of 1982, section 11, for "fifty rupees" w.e.f. 15-10-1982. Again Substituted vide Payment of Wages (Amendment) Act, 2005.
(1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 has been granted wholly or in part and the authority empowered under the latter section or the Appellate Court granting such application has sanctioned the making of the complaint.
(2) Before sanctioning the making of a complaint against any person for an offence under sub-section (1) of section 20, the authority empowered under section 15 or the Appellate Court, as the case may be, shall give such person an opportunity of showing cause-against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or Court that his default was due to-
(a) A bona fide error or bona fide dispute as to the amount payable to the employed person, or
(b) The occurrence of an emergency or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or
(c) The failure of the employed person to apply for or accept payment.
(3) No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rules made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act.
1*[(3A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section (4) of section 20 except on a complaint made by or with the sanction of an Inspector under this Act.]
(4) In imposing any fine for an offence under sub-section (1) of section 20 the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 15.
STATE AMENDMENTS
2*[Gujarat.-Same as that of Maharashtra.
3*[Karnataka.-In section 21,-
(1) In sub-section (1), for the words "and the authority empowered under the latter section or the appellate Court granting such application", the words "by the authority or the appellate Court or the State Government or any officer authorised by it in his behalf" shall be substituted;
(2) In sub-section (2) for the words and figure "the authority empowered under section 15 or the appellate Court", the words "the State Government or the officer authorised by it in this behalf" shall be substituted.
4*[Madhya Pradesh.-In section 21, in sub-section (2), in clauses (a) and (c), after the words "employed person" insert the words "or his legal representative".
Maharashtra.-In section 21,-
5*[(a) In sub-section (1), for the words and figure "and the authority empowered under section 15 or the appellate Court granting such application", substitute the words "by the authoity or the appellate Court and the State Government or any officer authorised by it in this behalf";
(b) In sub-section (2)-
(i) For the words and figure "the authority empowered under section 15 or the appellate Court", substitute the words "the State Government or the office authorised by it in this behalf";
(ii) For the words "the authority or Court", substitute the words "the State Government or the authorised officer; and"]
6*[(iii) In clauses (a) and (c), after the words "employed person", in both the places where they occur, insert the words "or his legal representative".]
No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed-
(a) Forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17; or
(b) Has formed the subject of a direction under section 15 in favour of the plaintiff; or
(c) Has been adjudged, in any proceeding under section 15, not to be owed to the plaintiff; or
(d) Could have been recovered by an application under section 15.
22A - 1* Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done under this Act.]
Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be also exercisable-
(a) Where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification;
(b) Where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.".
The person responsible for the payment of wages to persons1*[employed in a factory or an industrial or other establishment] shall cause to be2*[displayed in such factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules made there under in English and in the language of the majority of the persons employed 3*in the factory, or industrial or other establishment as may be prescribed.
25A - 4* Payment of undisguised wages in cases of death of employed person
(1) Subject to the other provisions of the Act, all amounts payable to an employed person as wages shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known
(a) Be paid to the person nominated by him in this behalf in accordance with the rules made under this Act; or
(b) Where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the prescribed authority who shall deal with the amounts so deposited in such manner as may be prescribed.
(2) Where, in accordance with the provisions of sub-section (1), all amounts payable to an employed person as wages-
(a) Are paid by the employer to the person nominated by the employed person, or
(b) Are deposited by the employer with the prescribed authority, or the employer shall be discharged of his liability to pay those wages.
(1) The [state Government] may make rules to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17.
(2) The [state Government] may,1[***] by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(3) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may-
(a) Require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the Act 2*[prescribe the form thereof and the particulars to be entered in such registers or records];
(b) Require the display in a conspicuous place or premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises;
(c) Provide for the regular inspection of the weights, measures and weighing machines used by employers in checking rates of wages payable to persons employed on such premises;
(d) Prescribe the manner of giving notice of the days on which wages will be paid;
(e) Prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed;
(f) Prescribe the procedure for the imposition of fines under section 8 and for the making of the deductions referred to in section 10;
(g) Prescribe the conditions subject to which deduction may be made under the proviso to sub-section (2) of section 9;
(h) Prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended;
(i) Prescribe the extent to which advances may be made and the instalments by which they may be recovered with reference to clause (b) of section 12;
3*[(ia) Prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12A;
(ib) Prescribe the powers of Inspectors for the purposes of this Act;]
(j) Regulate the scales of costs which may be allowed in proceedings under this Act;
(k) Prescribe the amount of court-fees payable in respect of any proceedings under this Act;4[***]
(l) Prescribe the abstracts to be contained in the notices required by section 25; 5[***]
6*[(la) Prescribe the form and manner in which nominations may be made for the purposes of sub-section (1) of section 25A, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other matters connected with such nominations;
(lb) Specify the authority with whom amounts required to be deposited under clause (b) of sub-section (1) of section 25A shall be deposited, and the manner in which such authority shall deal with the amounts deposited with it under that clause;]
7*[(m) Provide for any other matter which is to be or may be prescribed.]
(4) In making any rule under this section the [state Government] may provide that a contravention of the rule shall be punishable with fine8[which shall not be less than seven hundred fifty rupees but which may extend to one thousand and five hundred rupees]
(5) All rules made under this section shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than three months from the date on which the draft of the proposed rules was published.
7*[(6) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 9*[two or more successive sessions,] and if, before the expiry of the session10*[immediately following the session or the successive sessions aforesaid,) both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
11*(7) All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature.".
STATE AMENDMENTS
12*[Bihar.- In section 26, after clause (d), insert the following clause namely:-
"(dd) Prescribe the mariner in which the excess amount of the bonus shall be paid or invested under section 6.]
13*[Gujarat.- Same as in Maharashtra.]
14*[Karnataka.-
In section 26, in sub-section (3), in clause (k), for the words "court fees", substitute the words "ad valorem or fixed court-fees.]
15*[Maharashtra.-
In section 26, in sub-section (3),-
(1) after clause (d), insert the following clause, namely:-
"(da) prescribe the manner in which the excess amount of the bonus shall be paid or invested under section 6";
(2) in clause (k),-
(a) for the word "court-fees", substitute the words "ad valorem or fixed court-fees";
