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Section 9: Prescribed authorily

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

The Chief' Inspector of J-'ac torics shall be the au thority competent to approve, under sub-section (I) of section 8, ac ts and om issions in respect of which fin es may be imposed and , under sub-section (8) of section 8, the purposes on wh ich the proceeds or tines shall be expended.

I 0. Application in respect of fines.- Every employer requiring -tile power to impose Jines in respect of any ac ts and omissions on the part or employed persons shall send to the Chief Inspector of l·actories-

(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 docs not intend to be the sole pers n empowered to impose fines, a li st in duplicate, showing those appointments in his factory or which the incumbents may pass orders imposing fines and the class of estab li shmen t on which the incumbent or each such appointment may impose fine.

11 . Approval of list of acts and omissions.- The authoritt appointed w~der rule 9 on receipt of the list prescribed i~ clause (a) of rule IV may, alter such enquiry as he considers necessary, pass orders e1ther-

(a) disapproving the list; . . . . .

(b) approving the li st either in i!s ongrnal form or as amcn~lcd by him, 111 which case such list shall be considered lo be an approved list;

Provided that no order disapproving or a~cnd_ing m~y list shall be pns_s_cd u~l~ss the employer shall have been g!vcn an opporturnty oJ showmg cause orally 01 111 w, 1t111g why the list as submitted by him should be approved. . .

12 Postin s of list.- The employer shall display at or ~1car _the mamtcm~nc_e of the facto~y a cop~ in Hindi written in Dcvnagari script of the list of acts and 01111 ss1011s approved under ru le 11. N fi . y be imJJOscd by any 13 f> . ti r·scd to impose fines.- o me tntt < Pc • 1 crslons au 10 ,•· . or 'l rc1:son holding an appointment named in a li st rson ot 1cr t 1an an emp oye1 , , · submitted under ru le I 0. t· . No r·,,,c sli•1 ll. be im1Josccl · f , d dcduc ions - · 11

14. Proccd_urc in imposmg_ mc_s,,,~1 , , le r,-~;11 the wages of an employed or~ _and no dccJuct1on for damage 01 loss _sl1cll l ~c .'/~' fine or make the deductions has Pei son unti l the person competent to impose t 1 Scanned by CamScanner f Wages Rules, 1962 I Tl1e M.P. Payment o . I .15 56 , 11 10 the said person the act or o,n· . . ·17 intimated in writing or exp!aine? pl e1r,sonnc111c\r deduction is proposed to he i~~ ''Jn, r f hie 1 ie · · · d t · ,,,,,,,. ir damage or loss, in respect O w I duction which 11 15 propose imro,c, ·C1J,_ made and the amount of the 011e 0 ~ c ~. f 011 in the presence of at least one Ollie Jr lr11~:.

and has heard and recorded l11 s exp an,1 , 'fl1e person imposing a fine or dire~ ~Ct·.11,i 111·1stct- · c ti '-tin · IS. Information to pay- ' ·1 shall at once rn,orm 1c pay-1na~, i: ti, . r damage or oss 'b d . . I 3 , er' f .

making of a deduction ,or ' . • ter prescn e 111 r u e or 4 may 1 ' r1 partictT!ars, so that the entries m the reg,s J(; rl11!, completed. t ·act_ ( J) No deduction for breach (Jfc

16. Deductions for breach of con 1t 0 y;d person who is under the age 0 /t1rilt, shall be made from the wages for an emp 1ft •~;, years or is a woman. f t ct shall be made from the wage .

(2) No deduction for breach O con ra 5 Of an, employed person unless- . . • art of the terms of the c

(a) there is provisio~ ~n w~1tmg f?rm~~TI! of termination of his cmittra,1 rif employment requmng him to give 0Ymtn~ and

(i) th . d of this notice does not exceed eight days or the wa, e per10 .

t~- period, whichever 1s less, and . .

(ii) the period of this notice do~s not exceed _the period of notice Which the employer is required_to g1ve_ofthe te!'7111n_at1~n o~that ~mploymem;

(b) this rule has been displayed m English and m Hmdi written m Devnagari script at or near the main entrance 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 mam entra~ce _of the factory giving the names of the persons from whom the deduction 1s prop?sed to be made, the number of days wages to be deducted and the conditwns (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 shon of the period of such notice required by the contract of employment.

( 4) If any conditions have been specified in the notice displayed under clause (c) of sub-rule (2), no deduction for breach of contract shall be made from any person who has complied with these conditions.

. 17. Adva~ces.- (1) _A~ advance against wages not already earned shall no · without the previous penrnss1on of an Inspector, exceed an amount equivalent to t~e wages earned by the employed person during the preceding two calendar months, onf he has not been employed for that period, the wages he is likely to earn during the n10 subsequent calendar months.

(2) The advance may be recovered in instalments by deductions from wagci spread over not more than twelve months. No instalment shall exceed ' one-third, 0~ where the wages for any w~ge period are not more than twenty rupees, one-fourth 0• the wages ~or the w~ge-penod m respect of which the deduction is made: . th" . Provide~ tl~at m the case of ad~ances exceeding the ordinary limit made w1~~n 3 ;

prev10us penmss1on of an Inspector m accordance with sub-rule (I) the recovel} · Scanned by CamScanner R. 18-23] The M.P. Payment of Wages Rules, 1962 be spread over such larger period as the Commissioner of Lab . ( 57 111 ay fix on the application of the employer. our Mac.lhya Pradesh),

(3) The amounts of all advances sanctioned and the repayment . ti . . .

entered in a register in Form HI. . s icreol shall be

Where this provision sits

ActThe Payment of Wages Rule 1962
Section9
Marginal notePrescribed authorily
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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