Thu Apr 23 1936 | Labor Law | Comments (0)
Year : 1936
ARRANGEMENT OF SECTIONS
Sections
14A. Facilities to be afforded to Inspectors.
17A. Conditional attachment of property of employer or other person responsible for payment of wages.
Sections
22A. Protection of action taken in good faith.
25A. Payment of undisbursed wages in cases of death of employed person.
[23rd April,1936.]
WHEREAS it is expedient to regulate the payment of wages to certain classes of 2[employed persons]. It is hereby enacted as follows:—
3[(2)It extends to the whole of India 4***].
12[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.]
13[(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 14[twenty four thousand 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.]
15[(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;]
8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005). 9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)
1[ 2[(ia)] “employed person” includes the legal representative of a deceased employed person;
2[(ib)]“employer” includes the legal representative of a deceased employer;
2[(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;]
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 8[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;]
9[(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);]
10[(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;
11[(v) “railway administration” has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989(24 of 1989);]
1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005). 9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).
11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).
1[(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—
Amendment of section 2 of Act IV of 1936.—In section 2 of the Payment of Wages Act, 1936, in the its application to the State of Bombay (hereinafter referred to as the said Act),--
“(iia) ‘legal representative’ means the person who in law represents the estate of a decrease employed person;
1. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
Provide that on such, estate or farm twenty-five or more persons are engaged for the purpose;” [Vide Bombay Act XLVIII of 1955, s. 2]
1[3. Responsibility for payment of wages.—(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,—
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.
Amendment of section 3 of Act IV of 1936.—In section 3 of the payment of Wages Act, 1936 (hereinafter referred to as the said Act), for the proviso the following shall be substituted, namely:--
“Provided that, in the case of persons employed (otherwise than by a contractor)—
Shall be responsible for such payment.” [Vide Bombay Act LXII of 1953, s. 2]
1. Subs. by Act 41 of 2005, s. 5, for section 3 (w.e.f. 9-11-2005).
(2) No wage-period shall exceed one month.
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[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.]
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.]
7[6. Wages to be paid in current coin or currency notesor by cheque or crediting in bank account.—All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee:
Provided that the appropriate Government may, by notification in the Official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account.]
1. Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982). 2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005). 4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
7. Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).
Amendment of section 6.—In the Payment of Wages Act, 1936 (Central Act 4 of 1936), in section 6, after the existing proviso, the following proviso shall be inserted, namely:—
“Provided further that notwithstanding anything contained in this Act, the State Government may, by notification in the Gazette, specify the industrial or other establishment, the employers of which shall pay to the person employed therein, the wages either by cheque or by crediting the wages in his bank account, without obtaining any authorisation of the employed person.”
[Vide Kerala Act 11 of 2016, sec. 2.]
Amendment of section 6 of Act V of 1936.—In section 6 of the payment of Wages Act, 1936, in its application to the state of Bombay (herein after referred to as the principal Act) for the proviso, the following proviso shall be, and shall be deemed have been, substituted on and from the 1st day of April 1958, namely:--
“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.”
[Vide Bombay Act VIII of 1960, s. 2]
Amendment of section 6 of Act 4 of 1936.—In section 6 of the payment of Wages Act, 1936, in its application of the State of Maharashtra,--
“Provided also that, all wages payable to the employed persons, who are in continuous service as stipulated in section 25B of the Industrial Disputes act, 1947 (14 of 1947) in factories or industrial or other establishments and are drawing wages of Rs. 3000 per month or more, except agricultural labourers and sugarcane cutting labourers, shall be paid either by an account payee cheque drawn in favour of the employed persons or by crediting the wages in the bank account of the employed persons:
Provided also that, all wages payable to the employed persons, employed in factories or industrial or other establishments situated in the area of Thane District in the State of Maharashtra, or in any other area as may be notified by the State Government in the Official Gazette, whether they are in continuous service as stipulated in section 25B of the Industrial Disputes Act, 1947 or otherwise and irrespective of the amount of wages drawn, except agricultural labourers and sugarcane cutting labourers, shall also be paid either by an account payee cheque drawn in favor of the employed persons or by crediting the wages in the bank account of the employed persons.”;
[Vide Maharashtra Act XXVI of 2010, s. 2]
Amendment of section 6 of Act IV of 1936.—In the Payment of Wages act, 1936 (IV of 1936), as in force in the whole of the State of Maharashtra (hereinafter referred to as “the principal Act”), for section 6, the following shall be substituted, namely:--
“6. Wages to be paid in current coin or currency notes.—All wages shall be paid in current coin 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-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.
Explanation.—For the purposes of this section, the expression—
[Vide Maharashtra Act XIII of 1961, s. 4]
Amendment of section 6 of Act IV of 1936.—In section 6 of the said act, the following proviso shall be added, namely:--
“Provided that when the amount of any 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 related, such excess shall be paid or invested in the manner prescribed.”
[Vide Maharashtra act LXII of 1953, s. 3]
Uttarakhand
Amendment of section 6.—Section 6 of the Payment of Wages Act, 1936 (central Act No. 04 of 1936) shall be substituted as follows; namely:--
“6. All wages shall be paid by Banks Cheques or Real Time Gross settlement or national electronic Fund Transfer or Electronic Clearing Services System or postal Cheque:
Provided that if the work of the employed person is of temporary Nature or employed person is migrant and he wants to receive cash payment of his earned wages, after the written permission of the Officer not below the rank of Assistant Labour Commissioner posted in the work area of employment, cash payment of wages of the Concerning person may be paid.”
[Vide Uttarakhand Act 17 of 2014, s. 2]
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:—
5[(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 subsidizing house-accommodation which may be specified in this behalf by 5[appropriate Government] by notification in the Official Gazette;]
(e) deductions for such amenities and services supplied by the employer as the 6 *** 5[appropriate Government] 7[or any officer specified by it in this behalf] may, by general or special order, authorise;
Explanation—The word “services” in 8[this clause] does not include the supply of tools and raw materials required for the purposes of employment;]
9[(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;
4. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005). 5. Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).
6. The words “Governor-General in Council or” omitted by the A.O. 1937. 7. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
8. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974). 9. Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).
(ff) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by 1[appropriate Government], and the interest due in respect thereof;
(fff) deductions for recovery of loans granted for house-building or other purposes approved by
1[appropriate Government] and the interest due in respect thereof;]
4[(ii) deductions made with the written authorisation of—
for contribution to the National Defence Fund or to any Defence Savings Scheme approved by
1[appropriate Government];]
7[ 7[(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 1[appropriate Government] or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government.]]
8[(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 1[appropriate 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);]
9[(l) deductions for payment of insurance premia on Fidelity Guarantee Bonds;
5. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
6. Added by Ordinance 3 of 1940, s. 2
7. Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).
8. Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).
9. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
1[(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;]
2[(q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.]
3[(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—
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 4[the Railways Act, 1989 (24 of 1989)].]
Amendment of section 7.—In section 7 of the Payment of Wages Act, 1936 (Central Act 4 of 1936), in sub-section (2), after clause (o), the following clause shall be inserted, namely.—
“(p) deductions for repayment to the State Government of the amount of financial and granted under the Kerala Financial And (to the Discharged or Dismissed Labour) Rules, 1958”
[Vide Kerala Act 34 of 1969, sec. 2.] (w.e.f. 8-10-1969).
Amendment of section 7.—In section 7 of the principal Act in sub-section (2), after clause (p), the following clauses shall be added 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) deduction specially authorised by the State Government for purposes beneficial to the employed person”.
[Vide Karnataka Act 2 of 1977, s. 3].
1. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
2. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
3. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
Amendment of section 7.—In section 7 of the Payment of Wages Act, 1936 (Central Act 4 of 1936) (hereinafter referred to as the principal Act), clause (r) shall be omitted.
[Vide Karnataka Act 2 of 1982, s. 2].
Amendment of section 7 of Act IV of 1936.—In section 7 of the Payment of Wages Act, 1936, in subsection (2), in clause (d), after the word “employer” the following shall be added, namely:--
“or the State Government, or the Bombay Housing Board constituted under the Bombay Housing Board act, 1948, or such other agency as the State Government may, by notification in the Official Gazette, direct”.
[Vide Bombay Act XXXVII of 1956, s. 2]
Amendment of section 7 of Act IV of 1936.—In section 7 of the principal Act, in sub-section (2), in clause (k), the words “for being deposited in any Post Office Saving bank” shall be deleted.
[Vide Maharashtra Act XIII of 1961. s. 5]
Amendment of section 7 of Act IV of 1936.-In section 7 of the Payment of Wages Act, 1936 (IV of 1936), in sub-section (2),--
“(l) 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.”
[Vide Maharashtra Act XLII of 1961, s. 2]
8. Fines.—(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 1[appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2).
Explanation.—When the persons employed upon or in any railway, factory or 4[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.
(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 1[appropriate 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.
2[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.]
(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 a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed.
6[(aa) recovery of an advance of money given after employment began shall be subject to such conditions as 1[appropriate Government] may impose;]
1. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005). 2. Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).
3. Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).
1[12A. 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 2[appropriate Government] regulating the extent to which such loans may be granted and the rate of interest payable thereon.]
Amendment of section 13.—In section 13 of the principal Act,—
[Vide Karnataka Act 2 of 1977, s. 4].
Amendment of section 13.—In sub-section (2) of section 13 of the principal Act for the words, letters and brackets “clause (q) and clause (r)”, the words, letter and brackets “and clause (q)” shall be substituted.
[Vide Karnataka Act 2 of 1982, s. 3].
4[13A. 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.]
7[(4) An Inspector may,—
1. Ins. by Act 53 of 1964, s. 9 (w.e.f. 1-2-1965).
4. Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).
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 2[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 3[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).
4 [14A. 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.]
4. Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).
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.]
Provided that every such application shall be presented within 1[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 1[twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
2[(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—
3[(4) If the authority hearing an application under this section is satisfied—
1. Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).
3. Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).
(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).]
Amendment of section 15.—In section 15 of the principal Act.—
“and in case of death of the employed person, it shall be lawful for his legal representatives to make and application for such direction”;
“(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”.
[Vide Karnataka Act 2 of 1977, s. 5].
Insertion of new section 15A.—After section 15 of the Principal Act, the following section shall be inserted, 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.
[Vide Karnataka Act 2 of 1977, s. 6].
In section 15 for the words “Stipendiary Magistrate” the words “Judicial Magistrate” shall be substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule]
Amendment of section 15 of Act IV of 1936.—In section 15 of the said Act,--
“(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 (XI of 1947), or as a stipendiary Judicial Magistrate.
(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.”;
“and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction”;
“and the authority may direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer to the employed person or his legal representative before he disposal for the application”;
“(6) Where a question arises as to whether any person is or is not a legal representative of the decreased employed person, such question shall be determined by the authority and the decision of the authority shall be final.”
[Vide Bombay Act XLVIII of 1955, s. 3]
Deletion of section 15 (3A) from Act IV of 1936.—Sub-section (3-A) inserted in section 15 of the Payment of Wages Act, 1936 (IV of 1936), by section 4 (4) of the Payment of Wages (Bombay Amendment) Act, 1953(Bom LXII of 1953), shall, in its application to the Bombay area of the State of Maharashtra, be deleted therefrom.
[Vide Maharashtra Act XIII of 1961, s. 3]
Amendment of section 15 of Act IV of 1936.—In section 15 of the Principal act, in sub-section (1A), for the portion beginning with the words “of a Labour Court” and ending with the words “Judicial Magistrate” the following shall be substituted, namely:-
“as a stipendiary Judicial Magistrate or as Judge of a Labour Court or as judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946 (Bom. XIV of 1947), or as presiding officer of a Tribunal constituted under the Industrial Disputes, 1947 (XI of 1947)”.
[Vide Maharashtra Act XIII of 1961, s. 6]
Amendment of section 15 of Act IV of 1953.—In section 15 of the said act,--
“(3A) Where at any stage of an application under sub-section (2) the authority, upon report made to it and after hearing such employer or other person is satisfied that it is necessary go to do in order that the satisfaction of any direction that may be given under sub-section (3) is not delayed or defeated, the authority may order the conditional attachment of the property which may be liable for the satisfaction of such direction, unless such employer or other person either deposits with the authority an adequate sum sufficient to satisfy the claim or given security for a like amount.
An attachment made under the this sub-section shall have the same effect as if made by a competent Civil Court.”;
“(4) if the Authority hearing any application under this section is satisfied,--
[Vide Maharashtra Act LXII of 1953, s. 4]
Insertion of new section 15A in Act IV of 1953.—After section 15 of the said Act, the following section shall be inserted, namely:--
“15A. Liability for payment of court-fees.—(1) In any proceedings under section 15, the applicant shall not be liable to any court-fees (other than fees payable for 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
[Vide Maharashtra Act LXII of 1953, s. 5]
Insertion of new section 15A, Central Act 4 of 1936.-After section 15 of the Payment of Wages Act, 1936 (Central Act 4 of 1936), hereinafter referred to as the principal Act, the following section shall be inserted, 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 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 even.
[Vide Rajasthan Act 13 of 1970, s. 2]
Amendment of section 15, Central Act 4 of 1936.- In the Payment of Wages Act, 1936 (Central Act 4 of 1936), in its application to the State of Rajasthan, in section 15, in sub-section (1), after the expression "stipendiary Magistrate", the expression "or a Vikas Adhikari appointed under the Rajasthan Panchayat Samiti And Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959)" shall be inserted.
[Vide Rajasthan Act 11 of 1976, s. 2]
7[(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]
1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
7. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
(c) by any person directed to pay a penalty under 1[sub-section (4)] of section 15.
1[(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.]
2[(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.]
3[(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.
Amendment of section 17.—In section 17 of the principal Act,—
“(5) the provisions of section 5 of the Limitation Act, 1963 shall be applicable to appeals under this section.”
[Vide Karnataka Act 2 of 1977, s. 7]
Amendment of section 17 of Act IV of 1936.—In section 17 of the said Act, in sub-section (1), in clause (b), --
“or any legal practitioner or any official of a registered trade union authorised in writing to act on act on his behalf or a representative union registered as such under the Bombay Industrial Relations act, 1946, or any Inspector under this Act or any other person authorised by an authority to make an application under sub-section (2) of section 15 and in the case of death of the employed person, his legal representative, as the case may be,”;
Amendment of section 17 of Act IV of 1936.—In section 17 of the principal Act, in sub-section (1).—
“(b) by an employed person, or any legal practitioner or any official of a registered trade union authorised in writing in writing to act on his behalf, or a representative union registered as such under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), or any Inspector under this Act, or any other person authorised by an authority to make an application under sub-section (2) of section 15, and (in the case of the 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, exceeds fifty rupees, or”
3. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
“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 a judicial member of the Industrial 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.”
[Vide Maharashtra Act XIII of 1961, s. 7]
Amendment of section 17 of Act IV of 1936.—In section 17 of the said Act,--
“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.”
“(3) The provisions of section 5 of the Indian Limitation Act, 1908 (IX of 1908), shall be applicable to appeals under this section.”
[Vide Bombay Act LXII of 1953, s. 6]
1[17A. 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 2[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).]
Amendment of section 17A of Act IV of 1936 inserted by Act LXVIII of 1957.—In section 17A inserted in the principal Act by section 8 of the Payment of Wages (Amendment) Act, 1957 (III of 1957), in sub-section (1), for the words “any official of a registered trade union authorised in writing to act on his behalf” the words “any other person or a representative union competent to present such appeal,” shall be substituted.
1. Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).
[Vide Maharashtra Act XIII of 1961, s. 8]
Renumbering of section 17A of Act IV of 1936.—Section 17A as inserted in the principal Act by section 3 of the Payment of Wages (Bombay Amendment) Act, 1954 (Bom LXX of 1954), shall be renumbered as section 17B the principal Act.
[Vide Maharashtra act XIII of 1961, s. 9]
Insertion of new section 17B, Central Act 4 of 1936.-After section 17A of the principal Act, the following 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 success in the appeal."
[Vide Rajasthan Act 13 of 1970, s. 3]
18. Powers of authorities appointed under section 15.—Every authority appointed under sub-section
19.[Power to recover from employer in certain cases].—Omitted by the Payment of Wages
(Amendment) Act, 1964 (53 of 1964), s. 17 (w.e.f. 1-2-1965).
20. Penalty for offences under the Act.—(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, 2[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 3[with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].
6[(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 thousand rupees.]
7[(3)Whoever being required under this Act to maintain any records or registers or to furnish any information or return—
4. Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005). 6. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
7. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).
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.
Amendment of section 20 of Act IV of 1936.—In section 20 of the said Act, in sub-section (1), for the words “five hundred rupees” the words “two thousand rupees” shall be substituted.”.
[Vide Bombay Act LXII of 1953, s. 7]
21. Procedure in trial of offences.—(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[(3A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section
(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.
Amendment of section 21.—In section 21 of the principal Act,—
[Vide Karnataka Act 2 of 1977, s. 8]
Amendment of section 21 of act IV of 1936.—In section 21 of the said Act, in sub-section (2), after the words “employed person”, at both the places where they occur, the words “or his legal representative” shall be inserted.
[Vide Bombay Act XLVIII of 1955, s. 5]
Amendment of section 21 of Act 21 of 1936.—In section 21 of the said Act,--
[Vide Bombay Act LXII of 1953, s. 8]
1. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).
1[22A. 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.]
2 [24. Delegation of powers.—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—
6[25A. Payment of undisbursed 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,—
1. Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).
2. Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).
26. Rule-making power.—(1) 1[Appropriate Government] may make rules to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17.
4[(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;]
7[(la) prescribe the form and manner in which nominations may be made for the purposes of subsection (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 subsection (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;]
1[(m) provide for any other matter which is to be or may be prescribed.]
1[(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 in3[two or more successive sessions,] and if, before the expiry of the session 4[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.]
5[(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.]
Amendment of section 26.—In section 26 of the principal Act in sub-section (3), in clause (k) for the words “Court fees”, the words “ad valorem or fixed court fees” shall be substituted.
[Vide Karnataka Act 2 of 1977, s. 9].
Amendment of section 26 of Act IV of 1936.—In section 26 of the said Act, in sub-section (3),--
“(da) prescribing the manner in which the excess amount of the bonus shall be paid or invested under section 16;”
