Any breach of rules 3, 4, 5, 6, 8, 12, 15 and 18 of these rules shall be punishable with fine which may extend to two hundred rupees.
FORM I.
(Rule 3.)
REGISTER OF FINES.
..............Factory..............
Serial no.
Name. Father’s name.
Department. Act or omission for which fine imposed.
Whether workman showed cause against fine or not, if so, enter date.
Rate of wages.
Date and amount of fine imposed.
Date on which fine realised.
Remarks.
1 2 3 4 5 6 7 8 9 10 FORM II.
(Rule 4.)
REGISTER OF DEDUCTIONS FOR DAMAGE OR LOSS CAUSED TO THE EMPLOYER BY THE NEGLECT OR DEFAULT OF THE EMPLOYED PERSON.
...............................Factory...................................
Serial no. Name. Father’s name. Department. Damage or loss caused.
Whether worker showed cause against deduction or not If so, enter date.
Date and amount of deductions imposed.
No. of instalments, if any.
Date on which total amount realised.
Remarks.
1 2 3 4 5 6 7 8 9 10 FORM III.
(Rule 17.)
REGISTER OF ADVANCES MADE TO EMPLOYED PERSONS.
...............................Factory...................................
Serial no. Name. Father’s name. Department. Date and amount of advance made.
Purpose (s) for which advance made.
No. of instalments by which advance to be repaid.
Postponements granted.
Dates on which total amount repaid.
Remarks.
1 2 3 4 5 6 7 8 9 10 FORM IV.
RETURN FOR THE YEAR ENDING 31ST DECEMBER.................
Wages and deductions from Wages
1. (a) Name of the factory or establishment and postal address .
(b) Industry............................................
2. Number of days worked during the year.
3. (a) Average daily number of persons employed during the year - Adults.
Children.
(b) Gross amount paid as remuneration to these persons including deductions section 7(2).................................
of which the amount due to bonus is......................................and that due to money value of concessions is............
4. Total wages paid including deductions under section 7(2) of the following accounts –
(a) Basic wages including overtime.
(b) Dearness and other allowance in cash.
(c) Arrears of pay in respect of the previous years paid during the year.
5. Number of cases and amount realised as – Number of cases. Amount.
(a) Fines.
(b) Deductions for damage or loss.
(c) Deductions for breach of contract.
6. Disbursement from the fine fund Purpose. Amount.
(a)
(b)
(c)
(d)
7. Balance of fines fund in hand at the end of the year.....................
Signature.
Designation.
NOTE. – Average daily number of persons is obtained by dividing the aggregate number of attendance during the year by the number of working days.
FORM V (Rule 22.)
ABSTRACT OF THE PAYMENT OF WAGES ACT, 1936, AND THE RULES MADE THEREUNDER.
Whom the Act affects.
1. The act applies to the payment of wages to persons in this factory receiving less than Rs. 200 a month.
2. No employed person can give up by contract, or agreement, his rights under the Act.
Definition of wages.
3. “ Wages” means all remuneration payable to an employed person on the fulfilment of his contract of employment.
It includes any bonus and any sum which may be payable by reason of termination of employment.
It excludes: -
(a) the value of any house-accommodation, supply of light, water, medical attendance, or other amenity or of any service excluded by the Governor –General in Council or the local Government;
(b) any contribution paid by the employer to a pension or provident fund;
(c) any travelling allowance or the value of any travelling concession or any sum paid to the employed persons to defray special expenses entailed on him by the nature of his employment;
(d) any gratuity payable on discharge.
Responsibility for and method of payment.
4. The manager of the factory is responsible for the payment under the Act of wages to persons employed under him, and any contractor employing person is responsible for payment to the persons he employs.
5. Wage-periods shall be fixed for the payment of wages at intervals not exceeding one month.
6. Wages shall be paid on a working day within 7 days of the end of the wage-period (or within 10 days if 1,000 or more persons are employed).
The wages of a person discharged shall be paid not later than the second working day after its discharge.
7. Payments in kind are prohibited.
Fines and deductions.
8. No deduction shall be made from wages except those authorised under the Act (see paragraphs 9-15 below).
9. (1) Fines can be imposed only for such acts and omissions as the employer may, with the previous approval of the Chief Inspector of Factories, specify by a notice displayed at or near the main entrance of the factory and after giving the employed person an opportunity for explanation.
(2) Fines –
(a) shall not exceed half-an-anna in the rupee;
(b) shall not be recovered by instalments, or later than sixty days of the date of imposition;
(c) shall be recorded in a register and applied to such purposes beneficial to the employed persons as are approved by the Chief Inspector of Factories;
(d) shall not be imposed on a child.
10. (a) Deduction for absence from duty can be made only on account of the absence of the employed person at times when he should be working, and such deductions must not exceed an amount which is in the same proportion to his wages for the wage-period, as the time he was absent in that period is to the total time he should have been at work.
(b) If ten or more employed persons, acting in the concert, absent themselves without reasonable cause and without due notice, the deduction for absence can include wages for eight days in lieu of notice but –
(1) no deduction for breaking a contract can be made from a person under 15 or a woman.
(2) there must be a provision in writing which forms part of the contract of employment, requiring that a specific period of notice of intention to cease work not exceeding 15 days or the period of notice which the employer has to give to discharge a worker, must be given to the employer and that wages may be deducted in lieu of such notice,
(3) the above provision must be displayed at or near the main entrance of the factory.
(4) no deduction of this nature can be made until a notice that this deduction is to be made has been posted at or near the main entrance of the factory.
(5) no deduction must exceed the wages of the employed person for the period by which the notice he gives of leaving employment, is less than the notice he should give under his contract.
11. Deductions can made for damage to or loss of goods expressly entrusted to an employed person or for loss of money for which he is required to account, where such damage or loss is due to his neglect or default.
Such deduction cannot exceed the amount of the damage or loss caused and can be made only after giving the employed person an opportunity for explanation.
12. Deductions can be made, equivalent to the value thereof, for house accommodation, amenities, or services (other than tools and raw material) supplied by the employer, provided these are accepted by the employer person as a part of the terms of his employment and have in the case of amenities and services been authorised by order of Government.
13. (a) Deductions can be made for the recovery of advances, or for adjustment of overpayment of wages.
(b) Advances made before the employment began can only be recovered from the first payment of wages for a complete wage-period but no recovery can be made of advances given for travelling expenses before employment began.
(c) Advances of unearned wages can be made at paymaster’s discretion during employment but must not exceed the amount of two months’ wages without the permission of an Inspector.
These advances can be recovered by instalments, spread over not more than 12 months and the instalments must not exceed 1/3rd, or if the wages are not more than Rs. 20, 1/4th of the wages for any wage-period.
14. Deductions can be made for subscription to, and for repayment of, advances from any recognised provident fund.
15. Deductions can be made for payments to co-operative societies approved by the local Government or to the postal insurance, subject to any conditions imposed by the local Government.
Inspections.
16. An Inspector may enter on any premises, and can exercise powers of inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.
Complaints of deductions or delays.
17. (1) Where irregular deductions are made from wages, or delays in payment take place, an employed person can make an application in the prescribed form within six months to the Authority appointed by the local Government for the purpose. An application delayed beyond this period may be rejected unless sufficient cause for the delay is shown.
(2) Any legal practitioner, official of a registered trade union, Inspector under the Act, or other person acting with the permission of the Authority can make the complaint on behalf of an employed person.
(3) A single application may be presented by, or on behalf of, any number of persons belonging to the same factory the payment of whose wages has been delayed.
Action by the Authority.
18. The Authority may award compensation to the employed person in addition to ordering the payment of delayed wages or the refund of illegal deductions.
If a malicious or vexatious complaint is made, the Authority may impose a penalty not exceeding Rs. 50 on the applicant and order that it be paid to the employer.
Appeal against the Authority.
19. An appeal in the prescribed form against a direction made by the Authority may be preferred within 30 days to the District Court: -
(a) by the paymaster if the total amount directed to be paid exceeds Rs. 300;
(b) by an employed person, if the total amount of wages withheld from him or his co-workers, exceeds Rs. 50;
(c) by a person directed to pay a penalty for a malicious or vexatious application.
Punishments for breaches of the Act.
20. Any one delaying the payment of wages beyond the due date, or making any unauthorised deduction from wages is liable to a fine upto Rs. 500, but only if prosecuted with the sanction of the Authority or the appellate Court.
21. The paymaster who, -
(1) does not fix a wage-period, or
(2) makes payment in kind, or
(3) fails to display at or near the main entrance of the factory this Abstract in English and in the language of the majority of the employed persons, or
(4) breaks certain rules made under the Act, is liable to a fine not exceeding Rs. 200.
A complaint to this effect can be made only by the Inspector, or with his sanction.
By order of the Governor in Council, J.W. HOULTON Secretary to Government.