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Section 38: Repeal

The Payment of Wages Rule 1962State Rules of Chhattisgarh · 1936

The Central Provinces and Bi.:rnr Payment ot \\ ag 'S Rul "S. l o-:6i the Payment of Wages ( l'roce<l urc) Rules. I 03 7 in their app Ii cation to ~ !nhakc/ ,;

region, the Madhya Bharat Payment nf \\'aces (Procedure) Rul ' . . I 0 5~. the Bh ···~ l'ay1'.1cut of Wages Rules, t 954 and the Raf,sthan Payment of \\'ages Rules. in 1 ',~:

apphcn11o11 to Sironj rc,,ion are hereby rcpcaicJ: '"

Provided that any order mmJc or norific:ition is ucd or thin.::- don\? or a tion t:ik '.'

under the rules !>O repealed ~hall be deemed t h:1 ,e t l.!Cn made. issu d. don,. r t3..\. :

under tile corrcspo11di11g provisions of 1hcs~ rule.:·. ·· 1'illlll!

---- Father· · name Di~trict ---~--~~ ___ J_:t.-:2_: ---~t5l_) _ __ (I) (2) {J) ---- - ------ 1\1.:l or omi~sion for \i.hic.:h fine --~'~po ell -----

(6) Wage•,• p,lj',lbk J\111011111 l I)) . -- 1 ).!Ir :111d HllllHl!lt t>I ,i- 11 -.--------------- inqhi -~ I ' n.L . ("1 \\ hi ·h Rem:.r. s •• \\',ir.1."• tin 1 , 1li:, i p ·np I -- (10 l 11) 12) ( 13) ·B)' ·· \,Y•11•••.: ,, l ' t I .. I •. , ..... , • \,!) l' Ill . I - ---- '\nrkL·r:; till' wage-; dut· rlll 1111.· , ''.

11 t ~~" rt'\):~\\,!~·~ . '.trn ~d , · _-- f)ll'C.:. wn1k1.·1s tht• \\I' 's I . I·'~ p rh,d I .. ;; d~Ju ·tio11 · - l} ,l w rkman. for tim~-f , LL l lit l)ll pt du ·r . l · " I )f al · "11 1· ('. or ur scr vin· 1 emkri:d In .

1 '- 1.: wn n t, th l.'.1s, . · . 1 t: ce r m dut). 1or • 111 I' , >~ a · 1.:::- ' ' tt 1 ut dl.!du~t ions for tine.;

I. Ju•;, hy No. '!. 119-11 -7 1 l. - -------- Scanned by CamScanner form II-III] The M.P. Payment of \Va•~· l{ul ·. 196 , I **Here enter m?nth If payment Is rnac.k hv lh , Er1 •li:;IJ cali.:11da1 111011th. lu th· c~S~ of other pay p n d ' Ill 'r " \\'cl'} ", ''for 111rnht" (ll' ... ,1 ,1 lh1" (I', tile ('i ' lilt)' I,', giving dates cover d l y pay l ,,'il d.

F( I M 11 . . [ ._ ~' P ul , I J Rerq tcr of Deduct ton· fo r Damage or Los~ en used to f he Employer hy th <' Nc0 lcct r D •fault of the Employed Prr ·on. in respect of Coo,ft. c prc.t; •, ly cntrn tcrt to them for ustody.

ry ......... ...... Locality ....... ....... .. .... District ... ........ .

(l Damage or lo caused

(6) 1 :o. of instalments, if any

(10) Father's name

(3) \Vhether worker showed cause against deduction or not if so enter date of investigation

(7) Date on which total amount realised Date and Amount ( 11 ) FORM III [See rule I 7(3)] Department or Ticket No.

(4) Occupation

(5) Date and amount of d~duction imposed Date and Amount

(8) (9) Remarks

(12) Register of Advances made to employed persons.

\ 1 r 1· o· · .. ame o the factory .. .......... .. ... Loca 1ty .. ... ..... .... . .... 1stnct ... ... .. ..... ...... .... .

Serial No. Name

(1) (2) Father's name

(3) Department or Ticket No.

(4) Scanned by CamScanner 6 .. \ I I 111 . ''"1 -~ I 1111111 I\· 111~· ~1.P 1•i1~ 11ll' III 111 \i11•·· \ '• Date and ,m1tn111t 111' mlvam \' 111.1dc 1,1111111 ,l' ( ,) 1111 wltirlt ,llh ,1111·1• 111,11k M11111l w 1 1,I llhl,11t 11 1 . I I li j wl11t I ,1dv;111,, , 1 (~) p F,tpon~lllCl\h granted

(8) ( ti) I )ate •, a11d ;1111 0 11111 nl i11•; tal1111'.11t •, 1,•p;iid Date and A 11w11111

(9) FORM IV [See rule 18 J Annual l{eturn lw 11•p 11cl !1 1; 111 ,11~ I ( Io J Wages and deductions from wages Return for the year ending 3 1st December, 19 ..... . 1. (a) Name of the factory or establishment a11d postal a<ldrcc.;s .. ...... ....... .. (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 lcs!-. than Rs. -100 including deduction under Section 7(2) .......... of which the amount du.: iO profit sharing bonus is ...... ............. and that du e to money , alul.! ot concession # is ............. .... ...... ..

5. Total wages paid including deductions under Section 7(2) on the folio;•, in: accounts: ------------------------------Persons receiving less than Rs. 400 per month - ----------- ----------- --------(a) Basic wages Including overtime wages and non-profit sharint! bcn'.' Rs. --------------- ----------------1. Subs. by No. I, [ 15-11-68].

Scanned by CamScanner Form V] The M p p · · ayment of Wages Rules, 1962 Persons receiving less than Rs. 400 per month 63

(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 dividmg aggregate number of attendance during the year by the number of workmg days.

*_Moner value of concessions should be obtained by taking the difference ?f the cost pnce paid by the employer and the actual price by the employees for supphes 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.

Serial No.

(I) Name of the dismissed worker and his full postal address

(2) Wages due when dis- Other dues when dis­ missed -- missed --- (4) (5) ------- Date of dismissal

(3) Reasons, if any, for non­ acceptance of Payment

(6) Scanned by CamScanner 64 The M. P. Payment of Wages Rules, 1962 [Form v 1.y 11 The information be sent forthwith if the dismissed employee fa ils to accept payincn on the next day of his dismissal. A brief o f the circumstan~es be na rrated overleaf. t Signature of the Pay-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 15 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 offi cial 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 establ ishment 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, is ......... .... ..... .

3. The applicant's wages have not been paid for the fo llowi ng 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 ... ... ...... ... .... .

d Scanned by CamScanner _, ___ l::Cla _ _ Form VI II] The Mp p . · · ayment of Wages Rules 1962 65 The applicant certifies that ti ' to the best of his knowledge d b1e 1 .statement of facts contained in the application is I . an e 1ef accurate.

T 1e applicant begs to ame d . ..

when necessary. n or add to make alterations in the application if and Signature or thumb Impression of the employed person or legal practitioner or official of a registered Trade Union Date ········· ······· ········ ·· Place ·· ····· ··· ··· ··········· duly authorised.

FORM VIII [See rule 27] Form of Group Application [ See sub-section (2) of section I 5, and section 16 of the Payment of Wages Act. I 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 Parl)~ The applicants state as follows:- !. The app licants whose names appear in the .attached schedule are persons employed in/on the factory/industrial establishment entiti'ed.

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 is ........... .

3. · (l) (a) The applicant's wages have qot been paid for the following wage pcriod(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 ...... ........ (giv·e date).

(2) (Herc give any further cla im 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 sect ion I 5 for-

(a) Payment of applicant's delayed wages as estimated or such greater or lesser arno u11t as the Authority may find to be due.

(b) C · · ompcnsat1on amounting to .......... .... . ..

Scanned by CamScanner FORl\1 IX ISL'<' rule 2 '. ! permitted hy the uulhority 11r 1 , •ctor or pc• son Fwm of :tpplkntion hy an uspc .· ti to Act.

[,\• ' SU -·ecti ln th' l urt nuth~• ,zc ·t· 16 of the Payment of Wages /\ctj . · I ) •rn<l sec 1011 n (-) of e ·110 .

11 • • . d under the Payment of Wages Act, r the Authonty nppointc · f r ............... Ar3a.

. . No of 19. Apphcat1on • ........... .

BETWEEN . . . (Inspector under the Payment of Wagci ABC (D s1gnat1on) ..... ..... .. ...... ... . ~n 1 .· ed to act under sub-section (2) of A ·t) t rapers n p nnitted by the authonty aut 101 ts _ cti n l : ).

Applicant AND X '{Z ................... . Opposite Party Th applicant states as follows:- . l. XYZ, the opposite party, is the person responsible under the Act, for the pa)111ent of wages to the following person(s):­

(1) (-)

(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 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 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 a pp Ii.cant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.

Signaturl!

Scanned by CamScanner form X-XII] The MP Pam · · y ent of Wages Rules, 1962 FORMX 67 [See rule 28] I/We employed per C(er)tificate of Authorization ffi · I f son s hereby ti ·· o icia o .. .. .. ........ .. .. . which is . au 101 ,se .. .. ... ... ........ .. a legal practitioner/an section 15 and section 17 f h a regtStered trade union to act on my/our behalf under claim against... ........ .

0 t e Payment of Wages Act (IV of 1936), in respect of the On account of t·l~·~·del . .

for .. .. ...... .. .. .. . .'. ay m payment of/illegal deductions from my/our wages To.

Witness~s (I)

(2)

(3)

(4) l accept the authorisation:

FORM XI [See rule 32] Signature

(1)

(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, I 936 (IV of I 936), 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 appef!rance 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 detem1ined in your absence.

Given under my hand and seal this .. .... ....... .. .. .. .. day of .. .. ... ....... 19 .... .. .

(I)

(2)

(3)

(4)

(5) Serial number.

FORM XU [See rule 33] Record of Direction Authority Date of the application .

Name or names, parentage, address or addresses o~the appltcants or some or all of the applicants belonging to the same unpaid group.

Name and address of the employer Amount claimed Rs.

Scanned by CamScanner 68 The M.P. Paynicnt or Wages Rules, 1962 p:orm XIII

(a) as delayed wages l{s.

(6)

(7)

(u) as deducted from wages l{s. . , Pica of the employer and his cxa mimi~ion (ti a~.Y~· , . . . . .

I~· 1- d • ti sc c>f·, direc t1 011 unde1 sub•scct1011 (3) or ('1) ol ·me. 111g, an , 111 1c ca , h . f' . . . . r· ti c ,·c·isons t ere or. sect ion 15, a brief statement o 1 '

(8) Amounts awarded-

(a) Delayed wages

(b) Deductecl wages

(9) Compensation award~d ( I 0) Penalty imposed ( I I ) Costs awarded to-

(i) Court-foe charges (i i) Pleader's fee

(iii) Witnesses expenses Dated (.\'igned) 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 thi s court ~or the hearing of the appeal.

If no appearance is maJe on your behalf by yomsclf, 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 sea l nf the court, this ......... .. ................. ....... .

day of' .................. ... .... 19 ............ .

SEAL J udgc.

Where this provision sits

ActThe Payment of Wages Rule 1962
Section38
Marginal noteRepeal
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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