CourtMesh

Section 44: Responsibility for payment of minimum bonus

The Maharashtra Code on Wages Rules, 2025State Rules of Maharashtra · 2019

Where in an establishment, the employees are employed through contractor and the contractor fails to pay minimum bonus to them under section 26, then, the company or firm or association or other person as referred to in the proviso to section 43 shall, on the 27 written information of such failure, given by the employees or any registered trade union or unions of which the employees are members and on confirming such failure, pay such minimum bonus to the employees.

28 FORM- I (See rule 34) NOMINATION FORM To, (Give here name or description of the establishment with full address)

1. I, Shri/Smt. ________(Name in full )___________________ whose particulars are given in the statement below, hereby nominate the person(s) mentioned below to receive the amount after my death or also the amount standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of legal dues shall be paid in proportion indicated against the name(s) of the nominee(s).

2. I hereby certify that, the person(s) nominated is a/are member(s) of my family with meaning of clause (i) of Rule2 of Code on Wages 2025.

3. I hereby declare that, I have no family within the meaning of Rule 2 of the said Rule.

4. (i) My father/Mother/Parents is/are not dependent on me.

(ii) My husband(s) father/mother/parents is/are not dependent on my husband.

5. I have excluded my husband(s) from my family by a notice dated ________ to the Authority in terms of the Rule

(2)(1)(2) of the the Maharashtra Code on Wages Rules

2025.

6. Nomination made herein invalidates my previous nomination.

NOMINEE(S) Name of Nominee(s) in full with full address

(1) Relationship with the employee

(2) Age of Nominee(s)

(3) Proportion by which the Amount will be shared

(4) 1 2 3 29 STATEMENT 1) Name of the Employer:

2) Sex:

3) Religion:

4) Whether Unmarried/ Married/ Widow/ Widower:

5) Department/ Branch/ Section where employed:

6) Post held with Registration Number or serial number (if any):

7) Date of Appointment:

8) Permanent Address:

Village:____________________________ District:_____________________________ Post: _____________________________ Sub-division: ________________________ Taluka: ___________________________ State: ______________________________ Place: _______________________ Date: _______________________ ___________________________________________ Signature/Thumb impression of the employee 30 FORM-II (See rule 37(1)) (APPLICATION FOR CLAIMS UNDER SECTION 45) BEFORE THE AUTHORITY APPOINTED UNDER SUB- SECTION (1) OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019) FOR…………. DISTRICT……… Application No ........................................................ of 20……….

Between ABC and (State the number) …….……other Applicant…………….

(Through employees concerned or registered trade union or Inspector- cum- Facilitator Address……………………………………………………………………………….

And XYZ………………………………………………………………………………… Address……………………… The application states as follows:

(1) The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from ……………to…….. as……………...(category) in…………….(establishment) Shri/M/s………engaged in ………….(nature of work) which is/are covered by the Code on Wages,

2019.

(2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of the Code on Wages,

2019.

(3) (a) The applicant(s) has/ have been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Code by Rs…. …………..Per day for the period(s) from………………to…………………….

(b)The applicant(s) has/ have not been paid wages at Rs…………….. Per day for the weekly days of rest from to…

(c) he applicant(s) has/ have not been paid wages at overtime rate(s) for the period from…………………..to….

(d) The amount of rupees …………. has been illegally deducted from the applicants wages for the period from ….. to ………….

(e) The applicant(s) has/have not been paid wages for period from………………to……………

(f) The applicant(s) has/have not been paid minimum bonus for the accounting year……………..

(4) The applicant(s) estimate(s) the value of relief sought by him/ them on each amount as under:

(a) Rs…….

(b) Rs…….

(c) Rs…….

Total Rs…….

(5) The applicant(s), therefore, pray(s) that a direction may be issued under section 45(2) of the Code on Wages, 2019 for;

31

(a) payment of the difference between the wages payable under the Code and the wages actually paid,

(b) payment of remuneration for the days of rest,

(c) payment of wages at the overtime rates,

(d) compensation amounting to Rs………………………

(6) The applicant(s) do hereby solemnly declare(s) that the facts stated in this application are true to the best of his/their knowledge, belief and information.

Dated………….

Signature or thumb-impression of the employed person(s), or official of a registered trade union duly authorized or Inspector- cum-Facilitator.

Note: The applicant(s), if required, may append annexures containing details, with this application.

32 FORM- III (See rule 37(2)) NOTICE Form of Summons to be given to the Opponents to appear before the Authority when an application under sub-section (4) of Section 45 is entertained.

To, ________________________________ (Title of the application) (Name, Description and Place of Residence) Whereas Shri/Smt. __________________________________ has made the above said application to me under the Code on Wages 2019, you are hereby summoned to appear before me in person or by Duly authorised agent, or who is able to answer all material questions relating to the applications or who shall be accompanied by some person able to answer all such questions on the ___________ day of 20___ at time _________ o‘clock in the ___________ to answer the claim and as the day fixed for the 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 all the documents upon which you intend to rely in support of your defense. Take notice that, in default of your appearance on the day before mentioned the application will be heard and determined in your absence. And you may if you so desire file at least 3 days before the date of hearing a written statement to the application along with documents referred to in the written statement accompanied by the list thereof and also supply copies thereof to the applicants and obtained receipt therefore and file it along with written statement.

Take notice 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 seal signatur e 33 FORM IV (See rule 38(1)) Appeal under section 49(1) of the Code on Wages, 2019 before the Appellate Authority under the Code on Wages, 2019.

A.B.C Address ……………………………………………………………APPELLANT Vs.

C.D.E.

Address……………………………………………………………..RESPONDENT

(1) DETAILS OF APPEAL:

(a) Particulars of the order against which the appeal is made:

(b) Number and date:

(c) The authority who has passed the impugned order:

(d) Amount awarded:

(e) Compensation awarded, if any:

(2) Facts of the case:

(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).

(3) Grounds for appeal:

(4) Matters not previously filed or pending with any other Court or any Appellate Authority:

The appellant further declares that he had not previously filed any appeal, writ petition or suit regarding the matter in respect of which this appeal has been made, before any Court or any other Authority or Appellate Authority nor any such appeal, writ petition or suit is pending before any of them.

(5) Reliefs sought:

In view of the facts mentioned above the appellant prays for the following relief(s) :— [Specify below the relief(s) sought]

(6) List of enclosures:

1.

2.

3.

4.

34 Date:

Place:

Signature of the appellant.

……………………………………………… For office use Date of filing or Date of receipt by post Registration No.

Authorized Signatory.

……………………………………………… 35 FORM-V (See rule 38(2)) NOTICE Notice for Appearance before the Appellate Authority.

From, The Appellate Authority under the Code On Wages Act, 2019.

To, Name and Address of

1. Employer ________________________________________ ________________________________________ ________________________________________

2. Applicant ________________________________________ ________________________________________ ________________________________________ Whereas, Shri ______________________________________ a employee/ worker under your/ a person authorised by shri_________________________________ a workmen under you / the Legal Representative of ________________________________________who was a workmen under you has filed an application under rule 38 of the Maharashtra Code On Wages Rules 2025.

alleging that, (a copy of the said application is enclosed) Now, therefore you are hereby called upon to appear before me at (place) _____________________ either personally or through a person duly authorised in this behalf for the purpose of answering all material questions regarding to the appeal on the ___________ day of _____________ 20___ at ________o’clock in the forenoon/afternoon in support of / to answer the allegation.

As the day fixed for your appearance is appointed for final disposal of application, you must be prepared to produce on that day document/s with yours / evidence upon which you intend to rely in support of your allegation/defense.

36 Take notice that, in default of your appearance on the day before mentioned the application will be dismissed/ heard and determined exparte on your absence.

_________________________________________________________________________________ _________________________________________________________________________________ ________________________ Given under my hand and seal this ________ day of ______20 seal Appellate Authority 37 FORM VI (See rule 39(1)(i)) EMPLOYEE REGISTER Name of the Establishment :…………………………………………… Name of the Employer :……………………………………………..

Name of the Owner / Occupier : ………………………………………… ..

PAN/TAN of the Employer : …………………………………………… Labour Identification Number (LIN):………………………………………...

Sl.

No.

Employee Code Name Surname Gender Father‘s / Spouse Name Date of Birth Nationalit y Education Level/ Tech Date of Joining Designation Category (HS/S/SS/U S)* Type of Employment

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Mobile No. UAN PAN ESIC IP No.

AADHAAR No.

Bank A/c Number BankNa me Branch (IFSC) Present Address Permanent Address

(14) (15) (16) (17) (18) (19) (20) (21) (22) (23) Service Book No.

Date of Exit Reason for Exit Mark of Identification Photo Specimen Signature/Thumb Impression Remarks

(24) (25) (26) (27) (28) (29) (30) *(Highly Skilled/Skilled/Semiskilled/Unskilled) 38 FORM- VII (See rule 39(1)(ii)) Register of Attendance, Wages, Overtime, Fine and Deduction for damage and Loss under the Code on Wages, 2019.

Name of the Establishment :…………………………………………… Name of the Employer :……………………………………………..

Name of the Owner / Occupier : ………………………………………… ..

PAN/TAN of the Employer : …………………………………………… Labour Identification Number (LIN):………………………………………...

Sr.

No.

Name of the employee Sex Designation / Department Duration of Payment of Wages (Monthly/ Fortnightly /Weekly /Daily/ Piece rated) Wage Period From- To Total no. of days worked during the period Total overtime (hours worked or production in case of piece workers) Rates of wages Basic DA Allowa nces

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Overtime earning Nature of acts and omissions for which fine imposed with date Amount of fine imposed Damage or loss caused to the employer by neglect or default of the employee Amount of deduction from wages Total amount of wages paid Date of Payment Attendance Date Signature

(12) (13) (14) (15) (16) (17) (18) (19) (20) 39 FORM VIII (See rule 40) WAGE SLIP Date of issue:……………………………………….

Name of the Establishment ………………………….

Address…..………………..…………………………………. Period…………….

(1) Name of employee:

(2) Father‘s /Spouse name:

(3) Designation:

(4) UAN:

(5) Name of Bank & Account No.:

(6) Wage period:

(7) Rate of wages payable: (a) Basic (b) D.A. (c) other allowances

(8) Total attendance/unit of work done:

(9) Overtime wages:

(10) Gross wages payable:

(11) Total deductions: (a) PF (b) ESI (c) Others

(12) Net wages paid:

Employer / Pay-in-charge signature 40 FORM IX (See rule 42) APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR COMPOSITION OF OFFENCE

1. Name of Applicant :……………………………………………………….

2. Father‘s /Spouse Name :……………………………………………………….

3. Address of the applicant :……………………………………………………….

4. Particulars of the offence :

…...…………………………………………………………………………………………… …………………………………………………………………………………………………………… ………………………………………………………………………………………………………… …………………………………………………………………………….

5. Section of the Code under which the offence is committed:………………………………………………

6. Maximum fine provided for the offence under the Code:………………………………………………

7. Whether prosecution against the applicant is pending or not………………………………………………

8. Whether the offence is first offence, or the applicant committed any other offence prior to the offence. If yes, then, full details of the prior offence.

…………………………………………………………………………………………………… …………………………………………………………………………………………………… ……………………………………………………………………………………………..

41 Schedule E Code on Wages Rules Categories of workers Schedule E (see rule 4 (3)) Sr. No. HIGHLY SKILLED 1 All types Musical Instrument Maker 2 Architectural Work 3 Automobile Mechanic 4 Baker & Confectioner 5 Boiler Attendant (With experience) 6 Chemist 7 CNC operator 8 Computer / Laptop Hardware & Network Maintenance Work 9 Draftsman 10 Driver (Pokland & JCB) 11 Dying Master 12 Engineers 13 Floriculture Developer / Landscape Developer 14 Foreman 15 Generator Repair 16 Head Accountant 17 Head Mechanic 42 18 Heat Treatment Worker 19 Inspector Quality Control Department 20 Jacquard Viewer (Powerloom) 21 Lab Technician 22 Law Officer 23 Machine Tool Mechanic 24 Machinist 25 Manager 26 Pharmacist 27 Physiotherapist 28 Plant In-charge 29 Computer Programmer (Software / App/ Website / Web Developer) 30 Sanitary Inspector 31 Security In-charge 32 Chef 33 Shift In-charge 34 Staff Nurse with Degree 35 Stenographer With 7 Years Experience 36 Store In-charge 43 37 Team Leader 38 Warpar 39 Workshop Supervisor 40 X-ray Technician SKILLED

1. Advisor

2. Air Compressor Attendant

3. All types of Hair Dresser

4. Assistant Chemist

5. Assistant Electrician 6 Assistant Manager

7. Bhandari

8. Boat/Ferry Traveller (Navadi)

9. Boiler Attendant

10. Bricklayer 11 Cable TV Operator 12 Card Cutter 13 Carpenter 14 Carpet weaver 15 Cashier 44 16 Chowkidar (With Arms) 17 Clerk 18 CNG Gas Delivery Attendant 19 Coir Maker 20 Compouder 21 Compressor Attendant 22 Cook 23 Curator 24 Customer Care Executive 25 Data Entry Operator 26 Decorator 27 Designer 28 Dietician and Nutritionist 29 Dispensary Attendant 30 Driller (Well Boring) 31 Driver 32 E-Commerce Related all types of work 33 Electrical / Electronic Technician 34 Electrician 35 Exploration Operator 45 36 Film Operator 37 Fireman (Firebrigade related work) 38 Fitter 39 Gas stove Repairer/ Seiwing Machine Repairer 40 Gig Worker and Related all types of work 41 Gin Mukadam (Cotton ginning) 42 Glass Cutter 43 Grinder 44 Gym Trainer 45 Health and Beauty Realted Services 46 Import Export Assistant 47 Installation of Escalators 48 Inverter Repair 49 IT Service Provider and Related Work 50 Jobber (Powerloom) 51 Journalist 52 Junior Accountant 53 Kandivala 54 Lawyer 55 Librarian 46 56 Life Guard 57 Masson 58 Mechanic (Tube-Well) 59 Meter Reader 60 Miller 61 Mistry 62 Mobile Repair 63 Moulder 64 Munshi 65 Office Secretary 66 Operator 67 Painter/ Rangari 68 Petrol Pump Attendant 69 Photographer/ Videographer 70 Plumber 71 Potter 72 Powerloom Operator 73 Property Dealer 74 Quality Controller 75 Record Keeper 47 76 Security Guard (With Arms) 77 Security Officer 78 Shoemaker 79 Sizer (Powerloom) 80 Sport Coach 81 Spray Painter 82 Stenographer 83 Stone Cutter 84 Store Attendant 85 Store Keeper 86 Street Performer/Circus Artist/ All types of Cine Service including TV artist 87 Supervisor 88 Tailor 89 Teacher (Private) 90 Telex or Telephone Operator 91 Tile Flooring 92 Timberman 93 Tools Collector 94 Toy Maker 48 95 Tracer 96 Translator 97 Turner 98 Typist and other categories by whatever name called which are of clerical nature 99 Vessel maker 100 Viewer on bobby above twelve working shafts (Powerloom) 101 Warper (Hand) 102 Welder 103 Wireless Operator 104 Wireman SEMI SKILLED

1. Assistant Electrician

2. Assistant-Plumber

3. Attendant

4. Attendant (Bull-calving lines, Rakhandar, Chaff cutter, Stable, Dry Stock, Grain Crusher, Pump)

5. Banking Agent

6. Beam Knotter lacer

7. Beedi & Tobacco Distributor

8. Beedi Checker / Beedi Counter 49

9. Beedi Maker (Factory/ Gharkhep)

10. Beedi Sorters

11. Bhatkar (bhattivala)

12. Bhisti

13. Brander

14. Breaker (Stone, Rock Stone, Stone Metal)

15. Bullman

16. Butcher/ Meat/Chicken

17. Caneweaver

18. Care Taker

19. Cobbler

20. Cultivator

21. Daftry

22. Deliveryman

23. Dhobi

24. Domestic Worker/Maid

25. Drawer

26. Dresser

27. Fireman (Brick Kiln, Steam Roller)

28. Fisherman 50

29. Folder by Hand or Machine

30. Gate Keeper

31. Hacksawman

32. Hammerman

33. Helper (Blacksmith)

34. Helper (Loco-Crane/Truck)

35. Horticulture and Floriculture work

36. Jamadar

37. Laboratory Assistant

38. Labour (Rock-Cutting)

39. Lift Operator 40 Moulder (Brickil)

41. Nalband

42. Papad Maker

43. Patlivala

44. Photoframer

45. Pickle/Masala Maker

46. Ploughman

47. Pump Operator

48. Receptionist 51

49. Sortar /Grader

50. Stableyard Stock Worker

51. Taraivala

52. Thatcher

53. Thrower

54. Tobacco Mixer

55. Travel Agent

56. Twister UNSKILLED

1. All Types Mannual Work of Cotton Gin/ Cotton Pressing

2. all types of forestry work

3. Bobbing Cleaner

4. Book Binding

5. Boot Polish

6. Chowkidar (without arms)

7. Cleaner (related all types of vehicles)

8. Club and Canteen Worker

9. Coolie

10. Currier Boy

11. Cycle Rikshaw Puller 52

12. Dabbevala

13. Dairy Coolie

14. Dairyman

15. Garbage Collector

16. Gin Feeder

17. Grass Cutter

18. Grazler

19. Helper

20. Kandivala (Cotton Ginning)

21. Kondwada Rakshak

22. Labeling (Beedi Making-Gol Tikli/ khadi patti)

23. Labourer (Boiler, Cattle Yard, Cultivation, Multiaxcel, Bunding, Carting-Fertilizers, Harvesting, Miscellaneous Seeding, Sowing, Thatching, Transplanting, Weeding)

24. Loader

25. LPG Gas Delivery Worker

26. Majoor (Agriculture)

27. Milkman

28. News Paper Delivery

29. News Paper Selling

30. Office Boy 53

31. Packer

32. Panvala

33. Peon

34. Picking /Packing/ Receiving

35. Quarry Worker

36. Rope Maker

37. Saltpan work

38. Scavenger

39. Shepherd

40. Spotboy (Employee working in cinema/serials/exhibition/ production)

41. Stableman,

42. Sweeper

43. Tobacco Grinder

44. Waitor

45. Wardboy

Where this provision sits

ActThe Maharashtra Code on Wages Rules, 2025
Section44
Marginal noteResponsibility for payment of minimum bonus
JurisdictionState of Maharashtra
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra Code on Wages Rules, 2025 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.