Scanned by CamScanner R. 1-5] The Payment of Wages (Procedure) Rules, 1937 THE PAYMENT OF WAGES (PROCEDURE) RULES, 19371 39 In exercise of the powers conferred by sub-section (1) of section 26 of the Payment of Wages Act, 1936 (4 of 1936), read with section 22 of the General Clauses Act, 1897 (10 of 1897), the Governor-General-in-Council is pleased to make the following rules, the same having been previously published as required by sub-section (5) of section 26 of the first named Act, namely :-
1. Short title.-2[(1 )] These rules may be called The Payment of Wages (Procedure) Rules, 1937.
3[(2) They extend to the whole oflndia except the State of Jam.mu and Kashmir.] ·
2. Definitions.-In these rules, unless there is anything repugnant in the subject or context,- ( a) "the Act" means the Payment of Wages Act ( 4 of 1936);
( b) "Appeal" means an appeal under section I 7;
( c) "the Authority" means the authority appointed under sub-section (I) of section 15;
( d) "the Court" means the Court mentioned in sub-section (I) of section 17; · ( e) "Employer" includes- the persons responsible for the payment of wages under sectio·n 3;
(/) "Section" means a section of the Act;
(g) "Form" means a form appended to these rules;
4 [ (gg) "Record of order or direction" means the record of an order dismissing either wholly or in part an application made under sub-section (2) of section 15 or of a direction made under sub-section (3) or sub-section
(4) of that section kept in Form F;]
( h) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.
3. Form of application.-Applications under sub-section (2) of section 15 by or on behalf of an employed person or group of employed persons shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such Court-fee as may be prescribed.
4. Authorisation.-The authorisation to act on behalf of an employed person or persons, under section 15, shalJ be given by a certificate in Form D, sha11 be presented to the authority hearing the application and shall form part of the record.
5. Permission to appear.-Any person desiring the permission of the Authority to act on behalf of any employed person or persons shall present to the I. VideNoti. No. L. 3067, dated 24-2-1937, published in the Gazette of India, 1937, Pt. I, p.
303.
2· Rule I renumbered as sub-rule (I) by the Payment of Wages (Procedure) (Amendment) Rules, 195 I.
3. lnserted by the Payment of Wages (Procedure) (Amendment) Rules, 1951.
4· Inserted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.
Scanned by CamScanner 40 The Payment of Wages (Procedure) Rules, 1937 A l . I . . h. . t · [R. 6 1 ut 1onty a brief written statement exp ammg 1s merest m the matt - O Authority shall record an order on the statement which in the case of r efur, and th · l d · · h e saJ e me u e reasons for the order, and shall incorporate 1t mt e record. shalJ
6. Presentation of documents.-( 1) Applications or other d relevant to an application may be presented in person to the Authority a~curnents during hours to be fixed by the Authority, or may be sent to him by registe:;~ tinie
(2) the Authority shall at once endorse, or cause to be endorsed Post, d . . h ' on ea h ocurnent the date of the presentat10n or receipt, as t e case may be. c 7~ Refusal to entertain application.-( 1 ! the Au~h?rity may refuse entertain an application presented under rule 6, 1f after g1vmg the applica to opportunity of being heard, the Authority is satisfied, for reason to be record:~ ~n writing that :- 1n
(a) the applicant is not entitled to present an application; or I
(b) the application is barred by reason of the provisions in the provisos t sub-section (2) of section 15; or 0 (c ) the applicant shows no sufficient cause for making a direction under section 15.
(2) The Authority may refuse to entertain an application which is insufficiently stamped or otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects. If the application is presented again, after the defects have been made good, the date of representation shall be deemed to be the date of presentation for the purpose of the proviso to subsection (2) of section 15.
8. Appearance of parties.--{ I) If the application is entertained, the Authority shall call upon the employer by a notice in Form E to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.
(2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and determine the application exparte.
(3) If the applicant fails to appear on the specified date, the Authority may dismiss the application :
Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application re-heard on good cause being shown within one month of the date of the said order, notice being served on opposite party of the date fixed for rehearing.
9. Record of proceedings.-{ 1) The Authority shall in all cases enter the particulars indicated in Form F and at the time of passing orders shall sign and date the Form.
(2) In a case where no appeal lies, no further record shall be necessary.
(3) In a case where an appeal lies, the Authority shall record the substance of the evidence and shall append it under his signature to 5(the record of order or direction.]
5. Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.
6. Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.
Scanned by CamScanner 13 Form-A] The Payment of Wages (Procedure) Rules I 937 41 R,11- , '
1o. Signatur~ on ~orms.-Any form, other than 6[the record of order or . tion] which is required· by these rules to be signed by the Authority, may be d_irec d under his direction and on his behalf by any officer subordinate to him, sign;nted by him, in writing for this purpose.
apP 11. Exercise of powers.-In exercising the powers of a Civil Court conferred b section 18 the Auth_ority shal I be guided in respect of procedure by relevant 0 ;.ders ofth~ First Schedule o~the Code of Civil Procedure, 1908 (5 of 1908), with uch alterations as the·Authonty may find necessary, not affecting their substance, }or adapting them to the matter before him, and save where they conflict with the express provisions of the Act or these rules.
12. Appeals.-6[(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed Court-fee, setting forth concisely the grounds of objection to the order dismissing either wholly or in part an application made under sub-section (2)"of ~ectiori 15 or a direction made under sub section (3) or sub-section (4) of that section, as the case may be, and shall be accompanied by a certified copy of the said order or direction.]
(2) When an appeal is lodged a notice shall be issued to the respondent in Form G.
(3) The Court after hearing the parties and after such further inquiry, if any, as it may deem , necessary, may confirm, vary, or set aside the 6 [ order or direction] from which the appeal is preferred, and shall make an order accordingly.
7[12-A. Order or direction when to be made].-The Authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made on some future day, it shaJI fix a date for the purpose Of which due notice shall be given to the parties or their pleaders.]
13. Inspection of documents.-Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of section 15 to · apply for a direction, shaII be entitled to inspect any application, memorandum of appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party and may obtain copies thereof on the payment of such fees as may be prescribed.
FORMA (See sub-section (2) of sectipn 15 of the Payment of Wages Act) .
FORM OF INDIVIDUALAPPLICATION In the Court of the Authority appointed under the Payment of Wages Act, 1936 ( 4 of 1936) for .............................. area.
Application No ................... ........... . of 20 .......... ..
Between A.B.C ............................. applicant (through a legal practitioner/ an official of ............................... ..................
which is a registered trade union.)
And X. Y. Z ................................................
.................. opposite party :
6. Substituted by the Payment of Wages (Procedure) (Amendment) Rules, 1959.
7. Inserted by S.O. 2410, dated 6-7-1970.
Scanned by CamScanner 42 The Payment of Wages (Procedure) Rules, 193 7 The applicant states as follows :- 1 ~ B C is a person employed in the /on the factory/rai lway;· d . n. . . in Ust .
establishment entitled and resides at.... ..... .... ......... ..... .. .............. .. . r1a1 The address of the applicant for the service of all notices and proce _ sses is.
:i:Xii:·;;~~~~~i~~-~;;;;;;: ";"~;h~· ~~;~~~-~~~-~~~~ibi~· f ~; ;h~-~~;~~~;-~i'h wages under section 3 of the Act and his address for the service of all noti·c 1s . . , es and processes ts :
3. (1) The applicant's wages have not been paid for the following wa period( s ).... ..... [give (dates)].......... ...... .... .. ... ...... ......... .................. ... .. .. ...... ge.
Or A sum of Rs .................................... ........ .. has been ~nlawfu!ly ded~~~~d from his wages of ........................ amount for the wage-penod(s) which ended on ............ [give date(s)]
(2) [Here give any further claim or explana~ion] .
4. The applicant estimates the va]ue of the relief sought by him at the sum of Rs .............................. .
5. The applicant prays that a direction may be issued under sub-section (3)of section 15 for : ·
(a) Payment of delayed wages as estimated .............. .... ...... or such greater or lesser amount as the Authority may find to be due.
Or Refund of the amount illegally deducted, ( b) Compensation amounting to ............................. .
The applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..
Signature or thumb-impression of the employed person, or legal practitioner or official of a registered trade union duly authorised FORM B (See sub-section(+) of sections 15 and 16 of Payment of Wages Act FORM OF GROUP APPLICATION In the Court of the Authority appointed under the Payment of Wages Ac~ 1936 ( 4 of 1936) ~or .. ... ... _ .. ... .. ........ ....... area. · Application No ........ ........ ..... .. ........ of 20......... .
Between A. B. C. and (State the number) .......................... other Applicants (through a legal practitioner an official of .................. which is a registered trade union).
And X y Z. . ..... ................. ......................... ~.................. ... ... opposite partY· The applicants state as follows :- . the
1. (The applicants whose names and permanent addresses] app~ar ~~trial attach~d schedule are persons employed in the/on the factory/railway1tnd establishment entitled and resides at.. .. .......................... •s .
Th d . . es 1 · e a dresses of the applicants for service of all notices and process Scanned by CamScanner Form-C] The Payment of Wages (Procedure) Rules, 1937 43
2. X Y. Z., ~e opposite party, is !he person responsible for the payment of wages under section 3 of the Act, and his address for the service of all notices and processes is :
3. The applicants' wages have not been paid for the following wage-period
(s) :
4. The applicants estimate the value of the relief sought by them at the sum of Rs . ............................ .
5. The applicants pray that a direction may be issued under sub-section (3) of section 15 for :
(a) Payment of the applicants' delayed wages as estimated ..................... .
or such greater or lesser amount as the Authority may find to be due.
( b) Compensation amounting to ........................ .
The applicants certify that the statement of facts contained in this application is, to the best of their knowledge and belief, accurate.
SI. No.
1 ··················· ···· ··· ······················ ·· ·················· Signature or thumb-impression of two of the applicants, or legal practitioner, or an official • of a registered trade union duly authorised 8[SCHEDULE Name of Applicant Permanent address 2 3 FORMC (See sub-section (2) of sections 15 and 16 of the Payment of Wages Act) FORM OF APPLICATION BY AN INSPECTOR OR PERSON PERMITTED BYTHEAUTHORITY ORAUTHORISED TO ACT In the Court of the Authority appointed under the Payment of Wages Act, 1936 ( 4 of 1936) for .............................. area.
Application No ......................... of 2o............ d th · · ) an Inspector un er e Between A. B. C. [(deszgnatwn .............................. .
permitted by the authonty to act under sub- Payment of Wages Act] or a person authorised Se t. (2) f . l S] ............................ applicant. c 10n o section .... .... ................... .............. .. .
And X Y. z . .. ..................................................... the opposite party .
. ······························ 8· Substituted by S.O. 2334, dated 14-9-1960.
Scanned by CamScanner 44 The Payment of Wages (Procedure) Rules, 1937 [Forin-D The applicant states as follows :- ..
l. X Y. z., the opposite party, is the person responsible under the Act fort payment of wages to the following 9[persons whose names and permanent address::
are given below] :
(1)
(2)
(3) . . 2. His address for the service of all notices and processes 1s :
3. The wages of the said person(s) .due in respect of :he .following wage. period(s) have not been paid/have been subjected to the following illegal deductions
4. The applicant estimates the value of the relief sought for the person(s) employed at the sum of Rs .. ........... .. ..... ... ........ .. ... .. ... ... .... .
5. The applicant prays that a direction may be issued under sub-section (3) of section 1 5 for :
(a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.
Or Refund of the amount illegally deducted.
(b) Compensation amounting to Rs .. ~ .... ....... .. .... ...... .
The applicant certifies that the statement of facts contained in this application is, to the best of his knowledge and belief, accurate.
Signature FORMD CERTIFICATE OF AUTHORISATION I/We employed person(s) hereby authorise a legal practitioner/an official of.. ............ . which is a registered trade union to act on my/our behalf under section 15 ~nd se~tion 17 of the Payment of Wages Act, 1936 ( 4 of 1936), in respect of the claim against ... ..... .. .. ... on account of the delay in payment/illegal deduction from my/our wages for .... ... ... ... ... .... .
Witnesses ( 1)
(2)
(3)
(4) * * I accept the authorisation.
9. Substituted by S.O. 2334, dated 14-9-1960.
Signatures ( 1 )
(2)
(3)
(4) * * ············· Signature Legal practitio~er/ Official of a registered trade union Scanned by CamScanner Form E-F] To The Payment of Wages (Procedure) Rules, 1937 FORME NOTICE FOR THE DISPOSAL OF .APPLICATION ... ... ... ... .. ..... ........ .. .. .....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Whereas under the Payment of Wages Act, 1936 ( 4 of 1936) a claim against you has been presented to me in tin.I application of which a copy is enclosed, you are hereby called upon to appear before me. either in person or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the ....... day of. ......... 20 ..................... at .................... .
o'clock in the forenoon/afternoon to answer the claim; and as the day fixed for your appearance is appointed for the final disposal upon whose evidence, and the documents upon which you intend to rely on in support of your defence.
Ta.ke ~otice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence.
Given under my hand and seal, this day of ........... , ....... .. 20 .. .. .... .
Authority Seal
(1)
(2)
(3) FORMF 10[RECORD OF ORDER OR DIRECTION] Serial number ...........................................
Date of the application .... ......................... .
Name or names, parentage, address or addresses of the applicants, or some, or all of the applicants belonging to the same unpaid group:
( 4) Name and address of the employer :
( 5) Amount claimed :
(6) II [(7)
(8)
(a) as delayed wages : Rs ....... .. .... .... ....... · ( b) as deducted from wages : Rs ... .......... .
Plea of the employer and his examination (if any):
Finding, and a brief statement of the reasons therefor] :
Amounts awarded :
(a) delayed wages Rs.: ....... ..... · ....... · ... ..... .
( b) deducted wages ... : ............................ .
(9) Compensation awarded ........................... ..
(I 0) Penalty imposed .................... · .................... ·
(11) Costs awarded to :
(a) Court-fee charges ......................... .. .. .
(b) Pleader's fee ................................... ..
--- ( c) Witnesses' expenses ......................... .
10. S b .
u stituted by Payment of Wages (Procedure) (Amendment) Rules, 1959 .
• Scanned by CamScanner 46 11[(12) t f Wages (Procedure) Rules, 1937 The Paymen o b h. h the amounts awarded shall be paid.] Date y w IC s· d 1gne ....... . ... . Dated ···· ··· ··· ···· Note.-ln case where an appeal lies, attach on a separate sheet the s~b~~~~~·~ of the evidence.
FORMG NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL UNDER SECTION 17 OF THEPAYMENTOFWAGESACT, 1936 Appeal from the decision of the Authority for the ...... · ........ · ·· ... are.a dated the day Of 20 .. ....... .. . ..................... ····················· To Respondent Take notice that an appeal of which a copy is enclosed from the decision of the Authority for ..................... area has been presented by X.Y.Z. (and others), and registered in this Court, and that the ... ... .. .. ......... .. day of. .................... 20 .............. .. has been fixed by this Court for the hearing of the appeal.
If no appearance is made on your behalf by yourself, or by someone by law authorised to act for you in this appeal, it will be heard and decided in your absence. Given under my hand and the seal of the Court, this ............... day of .......... .. 20 ......
Sealofthe Court 11 . lnserted by S.O. 2410, dated 6-7-1970.
Judge Scanned by CamScanner Notifn.] Controlling Authoritie Notified by the entral vt. 47 CONTROLLING AUTHORITIES NOTIFIED BY THE CENTRAL GOVERNMENT NOTIFICATION UNDER SECTION 14(3) OF TH:E: PAYMENT OF WAGES ACT, 1936 [S.O. 1809(E), New Delhi, dated the 26th ecember, 2005] In exerci e of the powers conferred by sub:.section (3) of section 14 read with section 24 of the Pay ment of Wages Act, 1936 ( 4 of 1936) and in super ession of the notification of t,he Government of India in the Ministry of Labour S. 0. number 191 (E), dated the 16th March, 1990, the Central Government hereby appoints the officer · J!lentioned in Column (2) of the Table below to b~ lnsp~ctors for the purpo es of the said Act and directs that they shall ~xerczse thezr functions within the local limits of the area pecified against them zn Column (3) of the. said Table in respect of mines, oilfields and air transport services to which the said Act applies, namely:- TABLE S.No Officers (I) (2)
1. Chief Labour Commissioner (Central), all Dy. Chief Labour Commissioners (Central), all Regional Labour Commis sioner (Central), a.II Assistant Labour Commissioner (Central), all Labour Enforcement Officers (Central), posted in Head Quarters Office of Chief Labour Commissioner (Central); New Delhi.
All other Dy. Chief Labour Commissioners (Central).
2. Regional Labour Commissioner (Central) Ahmedabad, alJ Assistant Labour Commis sioners (Central) in the Ahmedabad region and all Labour Enforcement Officers (Central) in the Ahmedabad region.
3. Regional Labour Commissioner (Central) Ajmer, Jaipur, all Assistant Labour Commissioners (Central) in the Ajmer region and all Labour Enforcement Officers (Central) in the Ajmer region.
4. Regional Labour Commissioner (Central) Asansol, all Assistant Labour Commissioners (Central) in the Asansol region and all Labour Enforcement Officers (Central) in the Asansol region.
5- Regional Labour Commissioner (Central) Kolkatta, all Assistant Labour Commissioners (Central) in the Kolkatta region and all Labour Enforcement Officers (Central) in the Kolkatta region.
Jurisdiction
(3) The Whole of India The Whole of India The State of Gujarat and Union Territories ofDadra and Nagar Haveli and Daman and Diu.
The State of Rajasthan The Civil Districts of Burdwan, Birbhurn, Bankura and Purulia in the State of West Bengal.
The State of West Bengal ( excluding the Civil Districts of Burdwan, Birbhum, Bankura and Purulia). The State of Sikkim and the Union Territories of Andaman and Nicobar Islands.
Scanned by CamScanner 48 Controlling Authorities Notified by the Central Govt. IN .
otir,1 (1) (2) (3~ ~6_'.L_R_e-gi-o-na_l_L-ab_o_ur_C_o_mm_i_ss~io':!..n-er-(:-:C:-e-ntr-a--:-1)::-----:T:;:-;h~e:-;S;:t=at;::e-;o~f"iiK::a:m::a:::ta~k:-a.~~ Bangalore, Regional Labour Commissioner
7.
(Central) Bellary, all Assistant Labour Commissioners (Central) in the Bangalore region and all Labour Enforcement Officers (Central) in the Bangalore region.
Regional Labour Commissioner (Central) Bhubaneswar, Rourkela, all Assistant Labour Commissioners (Central) in the Bhubaneswar region and all Labour Enforcement Officers· (Central) in the Bhubaneswar region.
8. Regional Labour Commissioner (Central) Mumbai, Pune·, all Assistant Labour
9.
Commissioners (Central) in the Mumbai region and all Labour Enforcement Officer~ (Central) in the Mumbai region.
Regional Labour Commissioner (Central) Na.gpur, all Assistant Labour Commissioners (Central) in the Nagpur region and all Labour Enforcement Officers (Central) in the Nagpur region.
10. Regional Labour Commissioner (Central) Cochin, all Assistant Labour Commissioners (Central) in the Cochin region and all Labour Enforcement Officers (Central) in the Cochin region.
11. Regional Labour Commissioner (Central) Chandigarh, Jammu, all Assistant Labour Commissioners (Central) in the Chandigarh region and all Labour Enforcement Officers (Central) in the Chandigarh region.
12. Regional Labour Commissioner (Central) Dhanbad, Ranchi, all Assistant Labour Commissioners (Central) in the Dhanbad region and all Labour Enforcement Officers (Central) in the Dhanbad region.
13. Regional Labour Commissioner (Central) Guwahati, all Assistant Labour Commissioners (Central) in the Guwahati region and all Labour Enforcement Officers (Central) in the Guwahati region.
The State of Orissa.
(i) The State of Maharashtra excludi the following Civil districts:-Nagp:~ Bhandara, Akola, Amravati, Wardha' Buldh_an~, Jalgaon, Chandrapur'.
Gadchi.roh, Nanded, Parbhani, Yeotmal Osmanabad, Latur, Bid, Hingoli and Wasim. (ii) State of Goa.
(i) The following Civil Districts of the State of Maharashtra:-Nagpur Bhandara, Akola, Amravati, Wardha' Buldhana, Jalgaon , Chandrapur' Gadchiroli, Nanded, Parbhani, Yeotma1' , Osmanabad, Latur, Bid, Hingoli and Wasim.
(i) The State ofKerala.
(ii) The Union Territory of Lakshdweep.
(iii) Mahe in the Union Territory of Pondicherry.
(i) The State of Himachal Pradesh.
(ii) The State ofHaryana.
(iii) The State of Punjab.
(iv) The State of Jammu and Kashmir.
(v) The Union Territory of Chandigarh.
The following Civil Districts of Jharkhand, Dhanbad, Bokaro, Hazaribagh, Kodarma, Ranchi, Lohardaga, Gumla, Simdega, Chatra, East Singhbhum, West Singhbhum, Giridih, Deoghar, Sarai Keala (Kharsanwa) and Jamtara.
The State of Assam, Nagal_ao<l, Meghalaya, Tripura, Man1pur, Arunachal Pradesh and Mizoram.
Scanned by CamScanner Notifn.] Controlling Authorities Notified by the Central Govt. 49
(1) (2) (3)
14. Regional Labour Commissioner (Central) Hyderabad, all Assistant Labour Commissioners (Central) in the Hyderabad region and all Labour Enforcement Officers (Central) in the Hyderabad region.
15. Regional Labour Commissioner (Central) Jabalpur. Bhopal , all Assistant Labour Commissioners (Central) in the Jabalpur region ~d all Labour Enforcement Officers (Central) in the Jabalpur region.
16. Regional Labour Commissioner (Central) Kanpur, Lucknpw, all Assistant Labour Commissioners (Central) in the Kanpur region and all Labour Enforcement Officers (Central) in the Kanpur region.
17. Regional Labour Commissioner (Central) Dehradun, all Assistant Labour Commissioners (Central) in the Dehradun region and all Labour Enforcement Officers (Central) in the Dehradun region.
18. Regional Labour Commissioner (Central) Chennai, all Assistant Labour Commissioners (Central) in the Chennai region and all Labour Enforcement Officers (Central) in the Chennai region.
19. Regional Labour Commissioner (Central) New Delhi, all Assistant Labour Commissioners (Central) in the New Delhi region and all Labour Enforcement Officers (Central) in the New Delhi region.
20. Regional Labour Commissioner (Central) Patna, all Assistant Labour Commissioners (Central) in the Patna region and all Labour Enforcement Officers (Central) in the Patna region.
21. Regional Labour Commissioner (Central) Raipur, all Assistant Labour Commissioners (Central) in the Raipur region and all Labour Enforcement Officers (Central) in the Raipur region.
The State of Andhra Pradesh and the area ofYanam in the Union Territory of Pondicherry.
The State of Madhya Pradesh.
The State ofUttar Pradesh excluding the Civil Districts of Saharanpur, Bijnor, Meerut, Ghaziabad, Bulandshahar, Muzaffamagar, Bareilly, Moradabad, Pilibhit, Shanjahanpur, Badaun, Rampur, Bagpat and Gautam Budh Nagar.
State of Uttarancha] and districts of Saharanpur, Bijnor, Meerut, Ghaziabad, Bulandshahar, Muzaffamagar, Bareilly, Moradabad, Pilibhit, Shahjahanpur, Badaun, Rampur, Bagpat and Gautam Budh Nagar of the State of Uttar Pradesh.
The State of Tamil Nadu and the Union Territory of Pondicherry (Except Yanam and Mane).
National Capital Territory of Delhi.
The State ofBihar and the Civil Districts Garwah, Palamu, Latehar, Dumka, Godda, Sahibganj and Pakur in the State of Jharkhand.
The State of Chhattisgarh.
- Gaz. of India, 26-12-2005. Pt. II, S. 3 (ii), Ext. P. 3 (No. 1342).
Scanned by CamScanner 50 The Payment of Wages (Nomination) Rules, 2009 [R. \,3 THE PAYMENT OF WAGES (NOMINATION) RULES, 20091 ,r. d by sub-section (2) read with cla In exercise of powers con;erre if ffi A t 1936 use (la) of subsection (3) of section 26 of the Payment O . ages I c' (4 0! 1936) the Central Government hereby makes the fol/owing ru es, namely:- , 1. Short title and commencement.-(1) These rules may be called the Payment of Wages (Nomination) Rules, 2009.
2 • • • (2) They shall come into force on the date of theIT final publication in the Official Gazette. . 2. Definitions.-ln these rules, unless the context otherwise reql,lires,- ( a) "Act" means the Payment of~ages Act~ 19~6 (4 of 1936); (b) "family" means all or any of the following relatives of an employed person, namely:-
(i) a spouse; ·
(ii) a minor child dependent upon the employed ~erson;
(iii) a child who is wholly dependent on the eammgs of the employed person and who is receiving education, till he or she attains the age of twenty-one years;
(iv) an unmarried daughter;
(v) a son or daughter who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employed person, so long as the infirmity continues;
(vi) dependant parents;
(c) "Form" means a form appended to these rules;
( d) "minor" means a person who has not completed the age of eighteen years.
Explanation.-For the purpose of this rule, "child" means and includes an adopted child, and any reference to "son" or "daughter" shall be construed accordingly.
3. Procedure for noµiination.-(1) Every employed person shall make a declaration in Form I, nominating a person conferring the right to receive the amount that may stand in his credit at the event of his death before that amount standing to his credit has become payable or where the amount has become payable, before payment has been made. .
(2) If an employed person has a family at the time of making nomination, the nomination shall be in favour of the spouse or the spouse in preference followed by one or more members of his family:
Provided that nomination made by an employed person ·'having a family in favour of a person other than member of his family shall be invalid:
l. Vide G.S.R. 822(E), dated 13th November, 2009, published in the Gazette oflndia, Extra,, Ft. II, Sec. 3(i), No. 656, dated 13th November, 2009.
2. Came into force on 13-11 -2009.
Scanned by CamScanner Form I] The Payment of Wages (Nomination) Rules, 2009 51
Provided further that a fresh nomination towards his/her spouse shall be made by the employed person on his marriage and any nomination made before such marriage shall be deemed to be invalid.
(3) Where the nomination is wholly or partly in favour of a minor, the employed person may appoint a major person of his family, to be the guardian of the minor nominee or where there is no major person in the family, he may, at his discretion, appoint any other person to be a guardian of the minor nominee.
( 4) If the employed person nominates more than one member, he shall specify in the nomination, the amount or share payable to each of his nominees at his own discretion so as to cover the whole of the amount that may ~tand to his credit.
1.
2.
3.
4.
5.
6.
FORM I NOMINATION AND DECLARATION FORM [See rule 3] Name of person making nomination (in block letters)' ...... : .................... ..
Father's/I-Iusband's Name ..................................................................... .
Date of Birth ... .......................... .. : ............ ~ ........................................... .
Sex · · . .... ······ ................... ········ ....... ···················•·•• .. ....................... ······· ··· Marital Status ...................... .............. ... .. ..... ..... ................... ................ .
Address Permanent ................................................................. ............ ......... .
Temporary .................................................................. .. .................. .
I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person( s) mentioned below to receive any amount due to me from the employer, in the event to my death.
Nameofthe Address Nominee's Date of Total amount of If the nominee is nominee/ relationship Birth share of accumu- minor, name, relationnominees with the Jations in credit ship and address of the member to be paid to guardian who may each nominee receive the amount during the minority of nominee (]) (2) (3) (4) (5) (6) I. Certified that I have no family and should I acquire a family hereafter, the ibove, nomination shall be deemed as cancelled. ·
2. Certified that my *father/mother is/are dependent upon me.
* Strike out whichever is not applicable.
Signature or the thumb impression of the employed person.
Scanned by CamScanner 52 The Payment of Wages (Nomination) Rules, 2009 CERTIFICATEBYE.MPLOYER [Patin I Certified that the above declaration and nomination has been sign d . d b fi i/ /K e /thu ~mpresse . e ore me by Shr Smt. um .......... .. ... ........ ........... ...... ..... . e lnb\ m my establishment after he/.she has read the entry/entries have been re ;Ployed him/ her by me and got confinned by him/her. a over to Place ..................... : .. .
Date ......................... .
Signature of the employer or other auth .
officer of the establishment and Des· orised ignation Name and Address of the F . a~o~ Establishment and rubber stamp th ereof Scanned by CamScanner THE MADHYA PRADESH PAYMENT OF WAGES RULES, 1962 [Notfn. o.5775-4912/XVI, dated 30th July, 1962, Pub. in MP. Rajpatra, part -l(ga), dat d 2 .9.1962, p. 620} am nded ubsequently by the following Notifications:-\ . o. 6330-2653-XVI dated 20.8.1968, Pub. in M.P. Rajpatra part 4(ga), dated I . l I. l 968 p. 996.
2. o. 6727/XVI dated 23.10.1971, Pub.-in M.P. Rajpatra, Pt. 4(ga), dated 19. 11.1971, p. 640; &
3. No. 3080-921-XVI-A, dated 8.5.1981, Pub. in M.P.Rajpatra part 4(ga), dated 29.5.1981 p. 125.
Note: In the footnotes appearing hereinafter, reference to amending notifications has been made by serial No. as given to them above. In exercise of the powers conferred by sub-sections (I) and (2) of section 26 of the Payment of Wages Act, 193~ (JV of I 93~), the State_ Government hereby makes the following rules, the same having been previously published as required by sub-section (5) of section 26 of the Act. 1. Title.- These rules may be called the Madhya Pradesh Payment of Wages Rules, I 962.
2. Definitions.- ln these rules, unless there is anything repugnant in the subject or context (otherwise requires),-
(a) "the Act' means the Payment of Wages Act, 1936 (IV of I 936); (b) "appeal" means an appeal under section 17; ( c) "the Authority" means the authority appointed under subsection ( 1) of section 15 of the Act;
( d) "the Chief lnspector of Factories" means the Chief Inspector of Factories appointed under sub-section (2) of section 8 of the Factories Act, 1948 (No. 63 of 1948);
(e) "Commissioner of Labour", means the Commissioner of Labour appointed under sub-section (1) of section 3 of the Madhya Pradesh Industrial Relations Act, I 960 (No. 27 of 1960); (f) " the Court' means the court mentioned in sub-section (1) of section 17 of the Act;
(g) "deduction for breach of contract" means a deduction made in accordance with the provisions of the proviso to sub-section (2) of section 9; (h) "deduction for damage or loss" means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of section 7; (i) "employer" includes the persons responsible for the payment of wages under section 3;
U) "Form" means a form appended to these rules; (k) "Inspector" means the Inspector authorised by, or under, section 14 of the Act;
(I) "person employed" excludes all persons to the payment of whose wages the Act does not apply;
( m) "section" means a section of the Act. (n) "pay-master" means an employer or other person responsible under section 3 of the Act for the payment of wages; ( o) Words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.
(53) Scanned by CamScanner 54 The M.P. Payment of Wages Rules, 1962 PARTI
3. Register of Fines.- (1) ~n any factory. in respect ?f which the employer obtained approval under sub-se~tton ( 1) of section 8 to a hst of ac_ts a~d omission h~ respect of which fines may be imposed, the pay-master shall mamtam a Regist s 1n Fines in Form I. · er of
(2) At the beginning of the Register of Fines there b~ entered serially number the approved purpose or purposes on which the fines reahsed a_re to be expended ect
(3) When any disbursements are made from th~ fines re~hsed, a deduct ent~ 0 the amount so expended shall be made in !he ~egiste: of Fmes, ~nd a voucher 0 f receipt in respect of the amount shall be obtame~ m duph_ca~e, of wh~ch one copy sha r be forwarded to the Chief Inspector of Factories for hts t~format1on and the Oth ll copy shall be maintained by the employer and shall be available to an lnspecto er demand. lf more· than one purpose has been approved the entry of the disburse~ on . h . . d ent shall also indicate the purpose for wh1c 1t 1s ma e.
4. Register of deductions for damage or loss.- In eve~ fa~tory in Which deductions .for damage or loss are made, the pay-master shall mamtam the Registe required by sub-section (2) of section l O in Fonn II. r . s.·Register ofWages.-A Register of Wages shall be m~intained in every factory and may be kept in such form as the pay-master finds convement but shall include the following particulars:- .
(a) name, ticket number and designation of each employee;
(b) rate of salary or wages of each employed person;
( c) particulars of attendance put in by each worker or quantum of work with particulars thereof performed by each employee engaged on piece wor~ in the wage period;
( d) the gross wages earned by each person employed for each wage period;
( e) advance against wages of the period made to each employee in the wage period;
( f) all deductions made from those wages with an indication in each case of the clause of sub-section (2) of section 7 under which the deduction is made;
(g) the wages actually paid to each person employed for each wage period;
(h) date of payment.
1[5-A. A copy of the entries made in the register of wages maintained under Rule 5 shall be supplied free ?f change within a week of the entries made in the register to every person employed m the factory where the number of persons employed is one hundred or more.]
6. Maintenance of Registers.- ( 1) The registers required by rules 3, 4, 5 and 17 shall be preserved by the employer- ( a) for twelve months after the date of the last entry made in them; or
(b) for such longer period, as the Inspector may require in any particular case;
or ( c) as may be required by any law or rule or order of a Court or other competent authority.
(2) In the event of closure of a factory, the pay-master shall forthwith intimate to the Inspector the place where the registers referred to in sub-rule (I) above shall be available for inspection and notwithstanding the closure the person who was pay-master
1. Ins. by No. 3 (29-5-81 ].
Scanned by CamScanner R. 7-14] The M.P. Payment of Wages Rules, 1962 55 at the time of the closure shall continue to be liable to preserve them for the period prescribed in sub-rule (I).
(3) Any person who succeeds the pay-master shall take charge of all t?e registers required to be preserved under clause (a) of sub-rule (1) of rule 6 and if any such register it not available he shall immediately make a report to the Inspector.
7. Weights, measures and weighing machines.- All_ weights, me~~res, or weighing or measuring instruments which are used in c~eck,~g, or ascertam1~g, the wages of persons employed in any factory shall be exammed 1~ ac~ordance ~1th the provisions of the law relating to weights and measures in force m different regions ?f the State. If the Inspector considers that any ac6on should be take~ under th~ sa~d enactment or the Indian Penal Code, 1860 (XLV of 1860), he may seize the article m question for the purpose of inspection and shall report the matter with his opinion to the authority concerned for necessary action.
8. Notice of dates of payment.- The pay-master shall display, in a conspic~ou~ pl~ce at_ or near the main entrance of the factory, a notice, in English and in Hmd1 wn_tten m Devnagari script, giving for not less than one month in advance the days on which wages are to be paid.
9. Prescribed authority.- The Chieflnspector of Factories shall be the authority comp~tent to approve, under sub-section ( 1) of section 8, acts and omissions in respect of wh1_ch fines may be imposed and, under sub-section (8) of section 8, the purposes on which the proceeds of fines shall be expended.
. 10. Ap~lication in respect of fines.- Every employer requiring -the power to impose fines m respect of any acts and omissions on the part of employed persons shal I send to the Chief Inspector of Factories- ( a) a list, in English, or in Hindi written in Devnagari script, in duplicate, clearly defining such acts and omissions;
(b) in cases where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate, showing those appointments in his factory of which the incumbents may pass orders imposing fines and the class of establishment on which the incumbent of each such appointment may impo$e fine.
11. Approval of list of acts and omissions.- The authority appointed under rule 9 on receipt of the list prescribed in clause (a) of rule IV may, after such enquiry as he considers necessary, pass orders either- ( a) disapproving the list;
(b) approving the list either in its original form or as amended by him, in which case such list shall be considered to be an approved list;
Provided that no order disapproving or amending any list shall be passed unless the employer shall have been given an opportunity of showing cause orally or in writing why the list as submitted by him should be approved.
12. Postings of list.- The employer shall display at or near the maintenance of the factory a copy in Hindi written in Devnagari script of the list of acts and omissions approved under rule 11.
13. Persons authorised to impose fines.- No fine may be imposed by any person other than an employer, or a person holding an appointment named in a list submitted under rule I 0.
14. Procedure in imposing fines and deductions.- No fine shall be imposed on and no deduction for damage or loss shall be made from the wages of an employed Person until the person competent to impose the fine or make the deductions has Scanned by CamScanner 56 The M.P. Payment of Wages R~les, 1962 [R.
15 _ intimated in writing or explained personally to the said person the act or orn· . 17 fi d d t. · 1ss10 damage or loss, in respect of which the m: or e . uc !o? is proposed to be irn O n, or made and the amount of the fine or deduction which it ts proposed to impose P Sect or and has heard and recorded his explanation in the presence of at least one oth or tnake · · fi er Pers 15. Information to pay-master.- The person 1mp?smg a me or direcr 0n.
making of a deduction for damage or loss shall at o~ce 11:1form the pay-mast ing the particulars, so that the entries in the register prescnbed m rule 3 or 4 rnay ~eof a\\ completed. duly
16. Deductions for breach of contract.- ( 1) No deduction for breach of co shall be made from the wages for an employed person who is under the age of .:nfttract • i1 een years or 1s a woman.
(2) No deduction for breach of contract shall be made from the wages of an employed person unless- y
(a) there is provision in writing forming part of th~ te:ms of the contract of employment requiring him to give notice oftermmat10n of his employment md '
(i) the period of this notice does not exceed eight days or the wage.
period, whichever is less, and
(ii) the period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment;
(b) this rule has been displayed in English and in Hindi written in Devnagari script at or near the main entrmce of the factory and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made;
( c) a notice has been displayed at or near the main entrmce of the factory giving the names of the persons from whom the deduction is proposed to be made, the number of days wages to be deducted md the conditions (if any) on which the deduction shall be remitted:
Provided that where the deduction is proposed to be made from all the persons employed in any department or sections of the factory, it shall be sufficient, in lieu of giving the names of the persons in such departments or sections, to specify the departments or sections affected.
(3) No deduction for breach of contract shall exceed the wages of the person employed for the period by which the notice of termination of service given falls short of the period of such notice required by the contract of employment.
(4) If any conditions have been specified in the notice displayed underclause(c) of sub-rule (2), no deduction for breach of contract shall be made from any person who has complied with these conditions.
17. Advances.- ( 1) An advance against wages not already earned shall n~t, without the previous permission of an Inspector, exceed an amount equivalent tot -~ wages earned by the employed person during the preceding two calendar m_onth;, %~ he has not been employed for that period, the wages he is likely to earn dunng t e subsequent calendar months. ges
(2) The advance may be recovered in instalments by deductions, fromh ~; or spread over not more than twelve months. No instalment shall exceed one1i ~rth of where the wages for any wage period are not more than twenty rupees, one- 0 the wages for the wage-period in respect of which the deduction is made: 'th the P 'd d h · · · 1· ·1 made wi . rov1 e t at m the case of advances exceedmg the ordinary 1m1 er/ JTlaY previous permission of an Inspector in accordance with sub-rule ( 1) the recov Scanned by CamScanner R. I -- l The M.P. Payment of Wages Rules, 1962 57 b, pr ad ver u h larger period as the Commissioner of Labour (Madhya Pradesh), m fi.' n th application of the employer.
( ) The amounts of all advances sanctioned and the repayments thereof shall be nt r 'd in a r gi ter in Form lll.
18. Annual Return.- In respect of every factory subject to the Act, a return hall b nt in Form IV so as to reach the Chief Inspector of Factories not later than th I th of February, following the end of the calendar year to which it relates. 19. Notice of appointment of a contractor.- Every pay-master shall notify to th In p ctor appointment of any contractor in the factory for employing persons in th fa tory premises or precincts thereof in any of the manufacturing processes as d fin din the Factories Act, 1948, or in any other kind of work incidental to or connected dir tly or indirectly therewith.
~0. Statement of unpaid or unclaimed wages.- The paymaster shall submit forthwith a r~port t? the Inspect in Form No. V in respect of such employees whose mployment ,_s termmated by or on behalf of the employer and who have failed to apply or accept th_e1r payment in accordance with sub-section (2) of section 5.
21. Display of rates of wages.- In every factory a notice shall be displayed in each department of the factory specifying occupationwise rates of wages payable to al I per~o:1s employed in such factory other than those who are employed in position of superv1s1on o~ management or those who are employed in a confidential position in accordance with the provisions of the Factories Act J 948 and rules made thereunder. ' 22. Costs.- (I) Where the Authority or the Court, as the case may be, directs tha_t _any costs shall not follow the event, he shall state his reasons for so doing in Wrttmg.
(2) The costs which may be awarded shall include-
(a) the charges necessarily incurred on account of court-fees; (b) the charges necessarily incurred on subsistence-money to witnesses; and ( c) pleader's fees which shall ordinarily be Rs. 10 provided that the authority or the court, as the case may be, in any proceedings, may reduce the fee to . a sum not less than Rs. 5 or increase it to a sum not exceeding Rs. 30. (3) When a party engages more pleaders than one to defend a case, he shall be allowed one set of costs only.
23. Fees.- (I) The court-fee payable in respect of proceedings under the Act shall be-
(i) For every application to summon a witness-Twenty-five naye Paise in respect of each witness.
(ii) For every other application made by, or on behalf of, an individual person before the Authority-Fifty naye Paise.
(iii) For every other application made by, or on behalf of, an unpaid group before the Authority-Twenty-five naye Paise for each member of the group, subject to maximum of five rupees.
(iv) For every appeal lodged with the Court-~ive rurees: .
Provided that the Authority or the Court may, m cons1derat1on of the poverty of the applicant reduce or remit this fee:
Provid~d further that no fee shall be chargeable in respect of an application presented by an Inspector.
(2) The court-fee payable for obtaining copies of orders and proceedings under !he Act or of any document filed or of depositions taken be~o~e any ~uthority or Co~rt in such proceedings shall be the same as 1s payable for obtammg s1m1lar documents m a district court:
Scanned by CamScanner 58 The M.P. Payment of Wages Rules, 1962 [R P . fi . b . d b . . 24,3 I rov1ded that no fee shall be payable or copies o tame y Inspector·
Provided further that the authority or the Court, as the case may be ~ copies free of cost to any person in consideration of the poverty of such per:; grant . 24. Abstracts.- The abstracts of the Act and of the rules made thereunct n.
displayed under section 25 shall be in Form VI. er to be
25. Application of rules to Industrial Establishment.- Where the pro ..
of ~e Act have been extended to any Industrial establishment under sub-sectio;i(s~ons section 1 of the Act, every reference in these rules to-- ) of
(a) a factory shall be deemed to include also a reference to such indu .
establishment; and S\na\
(b) Chief Inspector of Factories shall be deemed to be a reference to th Commissioner of Labour. e
26. Penalties.- Any breach of rules ~' 4, 5, 6, 7? I 0, . 12, 13, 14, 15, 16, 17, 18 and 19 of these rules shall be punishable with fine which may extend to Rs. 200.
PART II
27. Form of application.-· Applications under sub-section (2) of section 15 by or on behalf of an employed person or group of employed persons or an Inspector or any .other person acting with the" permission or the authority appointed under sub.
section (1) of section 15, shall be made in duplicate in Form Vll, Form VIII orFonn IX, as the case may be, one copy of which shall bear such court fee as may be prescribed. .
28. Authorisation.- The authorisation to act on behalf of an employed person or persons under section 15 shall be given by a certificate in Form X which shall be presented to the Authority hearing the application and shall form part of the record.
29. Permission to appear.- Any person desiring the permission of the authority to act on behalf of any employed person or persons shall present to the Authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement, which in the case of refusal shall include reasons for the order, and shall incorporate it in the record.
30. Presentation of documents.- (1) Applications or other documents relevant to an application may be presented in person to the authority at any time during hours to be fixed by the Authority, or may be sent to him by registered post.
(2) The Authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or -receipt, as the case may be.
31. Refusal to entertain application.- (I) The Authority may refuse to entertain an application presented under Rule 30, if after giving the applicant an opportunity of being heard the Authority is satisfied for reasons to be recorded in writing that
(a) the applicant is not entitled to present an application, or
(b) the application is barred by reason of the provisions in the provisos to sub section (2) of section 15, or ( c) the applicant shows no sufficient cause for making a direction under section
15.
(2) The Authority may refuse to entertain an application which is insuffic!ently stamped or is otherwise incomplete and, if it so refuses, shall return it at once with an indication of the defects. If the application is presented again after the defects h~ve been made good; the date of representation shall be deemed to be the date of presentat1O0 for the purposes of the provisos to sub-section (2) of section 15. . . d te The period intervening the date of first presentation of an appltcat10~ and t~ell abe of returning of such application by the "Authority" (both days inclusive) s a excluded. · Scanned by CamScanner R. 32-37] The M.P. Payment of Wages Rules, 1962 59
32. Appearance of parties.- ( 1) If the application is entertained, the Authority shall call upon the employer by a notice in Fonn XI to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall infonn the applicant of the date so specified.
(2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and detennine the application ex parte.
(3) If the applicant fails to appear on the specified date, the Authority may dismiss the application: ·
Provided that an order passed under sub-n,tle (2) or sub-rule (3) may be set aside and the application reheard on good cause being shown within one month of the date of the said order, notice being served on the opposite party of the date fixed for rehearing.
. 33: ~ec?rd of proceedings.- (1) The Authority shall in all cases enter the particulars md1cated in Fonn XII and at the time 0f passing orders shall sign and date the Form.
(2) In a case where no appeal lies, no further record shall be necessary.
. (3) In a case where an appeal lies; the _.authority shall record the substance of the eV1dence and shall append it under his signature -to the record of direction in Fonn XII .
. 3~. Signature on Forms.- Any fo~, other than a Record of Direction, which 1s_ req~ired by the~e rules to be signed by the Authority, may be signed under his dtr~~tlon and. on his behalf by any officer subordinate to him appointed by him in wntmg for this purpose.
35. Exercise of powers.- In exercising the powers of a Civil Court conferred by section _18 the Authority shall be guided in respect _of procedure by the relevant orders of the First Schedule of the Code of Civ_il Prqcedure·, 1908 with such alterations as the Authority may find necessary not affecting their substance, for adapting them to the matter before him and save where the conflict with tpe express provisions of the Act or these rules. · ·
36. Appeals.- ( 1) An appeal shall be preferred in duplicate in the fonn of a memorandum one copy of which shall bear the court-fee stamp of Rupee one, setting forth concisely the-grounds of objection to the directi9n and shall be accompanied by a certified copy of that direction. ·
(2) When -an appeal is preferred a notice shall be issued to the respondent in Form XIII. . .
(3) The Court after hearing the parties and. after such further enquiry, if any, as it may deem necessary may confirm, vary or set aside the direction from which the appeal is preferred, and shall .make an order accordingly. ·
37. Inspection o( documents.- Any ~mployed person, or any employer or his representative, or any person permitted under sub~se~tion (2) . of section 15 to apply for a direction, shall be entitled to inspect any apphcat1on, memorandum of appeal, or any other document filed with the authority or the Court, as the case may be, in a case · to which he is a party, and may obtain copies thereof on payment of court-fee payable for inspection of similar documents in a district' court:
Provided that an Inspector may inspect such documents without payment of any fee:
Provided further that the Authority for the Court, as the case may be, may, in consideration of the poverty of the applicant, allow inspection of documents free of cost.
Scanned by CamScanner 60 The M.P. Payment of Wages Rules, 1962 [R . 37 /\~]& dd . . h , I <lr 1(37-A. Powers of Inspector.- In a 1t1on tot e powers specified in . 1 ~ 1 of the Act, an Inspector shall, for the purposes of the enforcement of lh scct,Qn 1 powers, subject to the provisions of th~ Act, ~o. prosecute, conduct, or dc~~ct, ha1} a Court any complaint or other proceedmgs ans mg under the Act, or in di sch ' bcfor duties as an Inspector and secure such evidence as may be necessary for lh atgc of hit
38. Repeal.- The Central Provinces and Be:ar Pa~ment ?f Wages 1 ~l~urp ·I the Payment of Wages (Procedure) Rules, 1937 m their application to M hs, I 3G region, the Madhya Bharat Payment of Wages (Procedure) Rules, l 952 l~ ako ha\ Pay1;1en~ of Wa~es ~ul~s, 1954 and the Rajasthan Payment of Wages R~lcs~ !3hop~I application to SironJ region are hereby repealed: n lhc,r · Provided that any order made or notification issued or thing done or acti under the rules so repealed shall be deemed to have been made, issued, done on taken under the corresponding provisions of these rules. or lakcn FORMI [See Rule 3( I)] Register of Fines Name of the factory ..................... Locality ............ ..... . District .... ..... .. .. . ..
Serial No. Name Father's Depart- Occupation
(1) Act or omission for which fine imposed
(6)
(2) name mentor
(3) Designation of officer imposing fine
(7) Ticket No.
(4) (5) Whether workmen showed cause against fine or not. If so enter date of investigation
(8) Wages* Date and amount of fine Date on which Remarks payable imposed fine realised Amount ** Wages Date and period Amount
(9) (10) (11) (12) ( 13) *By "Wages payable" Is meant the gross wages earned by a workman, for time· workers the wages due for the pay period less deductions for absence from duty, for piece workers the wages due on production In both cases without deductions for fines or for service rendered by empl_oyer.
1. Ins.byNo. 2, 119-11-71].
Scanned by CamScanner I· rm 11- 11 II Th M.I . PHym nt of Wag s Rul s 1962 61 *11 r nt r m nth If p ym nt I mad by the ... ngli h calendar month. ln the r th r p p ri d nl' r W I ', '' fi rtnighl' or 'hafta' as the case may be, d .t r d by y p ri d.
FORM II [ Rul 4] R i t r of D ductions for Damage or Lo s cau ed to the Employer by the N glect or D fault of the Empl.oyed Per ons in respect of Goods expressly entrusted to them for Custody.
factory ............... Locality ... ....... , ........ District ........... .
Name Father s name Department or Occupation Ticket No.
(l) (2) (3) (4) (5) Damage or Whether worker showed Date and amount of lo caused cause against deduction deduction imposed or not if so enter date of investigation Date and Amount
(6) (7) (8) (9) No. of instalments, if any Date on which total' amount realised Date and Amount Remarks
(10) (11) FORM III [See rule 17(3)] Register of Advances made to employed persons.
(12) Name of the factory ................. Locality ................... District ...................... ..
Serial No. Name
(1) (2) Father's name
(3) Department or Ticket No.
(4) Scanned by CamScanner 62 The M.P. Payment of Wages Rules, 1962 [Fo1111 I Date and amount of Purpose(s) for which Number of insta\ 'v advance made advance made by which advan tnents be repaid ces to
(5) (6) (7) Postponements granted Dates and amount of instalments repaid Date and Amount Remar~
(8) (9) FORMIV [See rule 18] Annual Return
(10) Wages and deductions from wages Return for the year ending 31st December, 19 ......
1. (a) Name of the factory or establishment and postal address ................ .
(b) Industry ........................ .
2. No. of days worked during the year ................ .
3. *(a) No. of man days worked during the year .... .
(b) Persons earning less than Rs. 400 per month Adults ...... .. .... .
Children ......... .
Total . ( c) Average daily number of persons employed during the year Adults .. .......... .
Children ......... .
Total **4. Gross amount paid as remuneration to person getting less than Rs. 400 including deduction under Section 7(2) .......... of which the amount due to profit sharing bonus is ................... and that due to money value of . # . concession 1s ........................ .
5. Total wages paid including deductions under Section 7(2) on the following accounts:
Persons receiving less than Rs. 400 per month ---
(a) Basic wages Including overtime wages and non-profit sharing bonus Rs.
l. Subs.byNo. l , [15-11-68].
Scanned by CamScanner 63 Form V] The M.P. Payment of Wages Rules, 1962 Persons receiving less than Rs. 400 per month
(b) Dearness and other allowances in cash Rs. ( c) Arrears of pay in respect of previous year -paid during the year Total *This is the aggregate number of attendance during the year. **The average daily number of persons employed during the year is obtained by dividing aggregate number of attendance during the year by the number of working days.
*Money value of concessions should be obtained by taking the difference of the cost price paid by the employer and the actual price by the employees for supplies of essential commodities given free or at concessional rate.
6. Deductions Persons receiving less than Rs. 400 per month No. of cases Amount (a) Fines
(b) Deduction for damage or loss ( c) Deduction for breach of contract
7. Disbursement from the find fund:
(a)
(b)
(c)
(d) Purpose ..........................
Amount
8. Balance of fines funds in hand at the end of the year .....
FORMV [See rule 20] Signature ................... .
Designation ............... .
. Name of the Factory ....... .............. Location .... ................ Industry.
Senal No. Name of the dismissed worker and Date of dismissal
(1) Wages due when dis missed
(4) his full postal address
(2) Other dues when dis missed
(5)
(3) Reasons, if any, for non acceptance of Payment
(6) Scanned by CamScanner 4 Th M.P. Payrn nt of Wages Ru les, 1962 [ •orm y Th nth n . . . . l-V11 information b ent forthwith 1f the d1sm1sscd employee fails to accept Pa ' l day of his dismi sal. A brief of the circumstances be narrated overl~nic~t Signature of the Pay~ af.
master FORM VI [See rule 24] Abstract of the Payment of Wages A.ct, 1936, and the Rules made Thereunder Form not reproduced.
FORM VII \See rule 27] Form of Individual Application [See Section I 5 of the Payment of Wages Act] In the Court of the Authority Appointed Under the Payment of Wages Act (IV of 1936) for ....... ....... .. ....... Area -Application No .......... .... of 19 .. .. .
BETWEEN ABC.......... ... . Applicant Through ...................... ... ........... a legal practitioner/an official of ........................ ...... . which is a registered trade union.
AND XYZ .. .............. . Opposite party.
The applicant states as follows:-
1. ABC is a person employed in/on the factory/industrial establishment entitled .......... ... ·and resides at ... .......... .
The address of the applicant for the services of all notices and processes IS ........................ .
2. XYZ, the Opposite party, is the person responsible for the payment of his wages under section 3 of the Act and his address for the service of all notices and processes, 1s ............. ..... .
3. The applicant's wages have not been paid for the following wage periods .................... (give dates), or
4. The applicant estimates the value of the relief sought by him at the wages of Rs ................. (amount) for the wage period(s) which ended on ................. (give dates).
(Here give any further claim for expenses).
5. The applicant estimates the value of the relief sought by him at the sum of Rs .............. .
6. The applicant prays that a direction may be issued under sub-section (3) of section 15 for- ( a) Payment of his delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.
OR Refund of the amount illegally deducted.
(b) Compensation amounting to ................... .
Scanned by CamScanner 65 Fotm Vlll] The M.P. Payment of Wages Rules, 1962 The applicant certifies that the statement of facts contained in the application is to the be t of his knowledge and belief accurate. . . . . . .
The applicant begs to amend or add to make ~Iterations in the appbcat1on tf and hen necessary. · f h Signature or thumb Impression .o. t e employed person or legal pract1t1o~er or official of a registered Trade U mon duly authorised.
Date ..... .. .................. .
Place ....................... .
FORM VIII [See rule 27] Form of Group Application .
[ See sub-section (2) of section 15, and section 16 of the Payment of Wages Act. 1 In the Court of the Authority Appointed Under the.Payment of Wages Act (IV of 1936) for ... ............ ... Area Application No . .......... of 19 . .
BETWEEN ABC and (state the number) other.............. Applicants (Through ............. a legal practitioner/an official of ......... which is a registered Trade Union ............. .
AND XYZ ................ . Opposite Party.
The applicants state as follows:- !. The applicants whose names appear in the attached schedule are persons employed in/on the factory/industrial establishment entitled.
The address of the applicants for service of all notices and processes is .............. .
2. X, Y,Z, the opposite party, is the person responsible for the payment of wages, under section 3 of the Act, and his address for the service of all notices and processes lS ... . ....... .
3.- (1) (a) The applicant's wages have not been paid for the following wage period(s) .. ........... .. (give dates).
(b) A sum of Rs ... . .... .. .. has been, unlawfully deducted from his wages of ....... .. ..... (amount) for the wage period(s) .which ended on .............. (give date).
(2) (Here give any further claim or expenses).
4. The applicants estimate the value of the relief sought by them at the sum of rupees .. .... .... .. ..
5. The applicants pray that a direction may be issued under sub- section (3) of section 15 for- ( a) Payment of applicant's delayed wages as estimated or such greater or\ r amount as the Authority may find to be due.
(b) Compensation amounting to ....... ......... .
Scanned by CamScanner 66 The M.P. Payment of Wages Rules, 1962 [P ~ . d · · 0t'tti I 1 he applicants certify that the st~tement of iacts contame tn this applic . X to the b st of their knowledge and belief accurate. atian i Signature or thumb impres . s applican.ts or official of /~~n.ar the trade union duly authorised. gistered
SCHEDULE Names of applicants FORM IX [See rule 27] Form of application by an Inspector or person permitted by the authority authorized to Act. or [ See sub-section (2) of section 15 and section 16 of the Payment of Wages A In the Court or the Authority appointed under the Payment of Wages;~!· for ..... .......... Area. ' Application No . ............ of 19.
BETWEEN ABC (Designation) ...................... an (Inspe~tor under the Payment of Wages Act) (or a person permitted by the authority authonsed to act under sub-section (2) of section 15).
Applicant AND XYZ ................... . Opposite Party The applicant states as follows:-
1. XYZ, the opposite party, is the person responsible under the Act, for the payment of wages to the following person(s): ( l)
(2)
(3)
2. His address for the service of all notices and processes is-
3. (i) The wages of the said person(s) due in respect of the following wage period(s) have not been paid/have been subjected to the following illegal deductions:
(ii) Here give any further claim or expenses.
4. The app Ii cant estimates the value of the relief sought for the person( s) employed at the sum of Rs ....... ...... .. .. .
5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for- ( a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.
OR Refund of the amount illegally deducted.
(b) Compensation amounting to................. .
The applicant certifies that the statement of facts contained in this application 15 to the best of his knowledge and belief accurate.
Signature Scanned by CamScanner form - II) The M.P. Payment of Wages Rules, 1962 FORMX [See rule 28) Certificate of Authorization 67 1 e employed person(s) hereby authorise .. ....... .. ... ... ... a legal practitioner/an official of.. ...... ........... which is a registered trade union to act on my/our behalf under ection l 5 and section 17 of the Payment of Wages Act (IV of 1936), in respect of the claim against.. ... ... ... ...... .
On accou!1t of the delay in payment of/ illegal deductions from my/our wages for. .......... .. .... . .
To.
Witnesses (1 )
(2)
(3)
(4) l accept the authorisation:
. FORMXI [See rule 32] Signature (I)
(2)
(3)
(4) Signature .......... ... .
Legal practitioner.
Official of a registered trade union .
Notice for the disposal of application.
Whereas under the Payment of Wages Act, 1936 (IV of 1936), a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person, or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the ............ .. day of ......... 19 , at.. ......... o' clock in the forenoon/afternoon to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the application you must be prepared to· produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence. Giv.en under my hand and seal this ..................... day of .. ............ 19 ...... .
FORM XII [See rule 33] Record of Direction ( l) Serial number.
(2) Date of the application Authority.
(3) Name or names, parentage, address or addresses of the applicants or some or all of the applicants belonging to the same unpaid group. ( 4) Name and address of the employer
(5) Amount claimed Rs.
Scanned by CamScanner I 68 The M.P. Payment of Wages Rules, 1962
(a) as delayed wages Rs.
(b) as deducted from wages Rs.
[Form XlU
(6) Plea of the employer and his examination (if any).
(7) Finding, and, in the case of a direction under sub-section (3) or (4) of section 15, a brief statement of the reasons therefor.
(8) Amounts awarded- ( a) Delayed wages
(b) Deducted wages
(9) Compensation awarded ( 10) Penalty imposed ( 11) Costs awarded to-
(i) Court-fee charges
(ii) Pleader's fee
(iii) Witnesses expenses Dated (Signed.)
Note.- In cases where an appeal lies attach on a separate sheet the substance of the evidence.
FORM XIII Notice to respondent of the day fixed for the hearing of the appeal under section 11 of the payment of wages Act, 1936 Appeal from the decision of the authority for the ....... area, dated the ............ .
day of . .. ........ 19 ...... ..
To, Respondent, Take notice that an appeal of which a copy is enclosed, from the decision of the Authority for .................... area has been presented by X. Y. Z. (and others) and registered in this court, and that the .............. day of . . . . .. . . . . 19 ...... has been fixed by this court for the hearing of the appeal.
If no appearance is made on your behalf by yourself, or by someone by law authorised to act for you in this appeal, it will be heard and decided in your absence.
Given under my hand and the seal of the court, this .................................. ..
day of ............. ............ 19 ............ .
SEAL Judge.