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Section 31: Certain muster-rolls or registers, etc., to be treated as muster-rolis-or registers under these rules

The Minimum Wages Act, 1948State Rules of Maharashtra · 1948

Notwithstanding anything contained in the foregoing rules, if any, form, register, wage-slip, muster-roll-cum-wage register, cards or any other register or record, whether in a combined form or otherwise, maintained by an employer.gives, in respect of any or all of the employees in the scheduled employment, the particulars required for the enforcement of the Act and these Rules, then the Commissioner of Labour or any other officer authorised by him in this behalf, may, by order in writing direct that such form, register, wage-slip, muster-roll-cum-wage register, cards or any other register or record as aforesaid shall, to the corresponding extend and subject to such conditions as he may specify, be maintained in place of and be treated as the wage-slip, muster- rollcum-wage register, ‘cards or any other records required under these rules in respect of such employee or employees in that scheduled employment.

'[31-A. Maintenance of false register, etc. prohibited.-No employer shall wilfully,-

(i) ‘maintain or cause to be maintained any register or record which he knows to be false, or

(ii) ‘make or causes to be made any entry which he knows to be false in any register or record required to be maintained under the Act, or

(iii) omit or cause to be omitted any entry which is required to be made under the Act in any-such register or record, or

(iv) furnish any information which he knows to be false to the Inspector.

; CHAPTER V : CLAIMS UNDER THE ACT 32, Application.-(1) An application under sub-section (2) of section 20, or subsection (1) of section 21, by or on behalf of an employed person or group of Eemployed persons, shall be made in duplicate in'Forms IV and V as the case may 12) When an application for relief is based on any document or documents, stch document or documents with a list thereof and as many copies as there are pposite parties, shall be appended to the application.

is. by MW, (Amendment) Rules, 1969.

umbered and ins. by MW. (Amendment) Rules, 1981.

G Scanned with OKEN Scanner 5 The Maharashtra Minimunt Wages Rules, 1963 ts which any party desireg

(3) Any other relevant document or docg;';g;sthe first date fixed for heam}g tender as evidence, shall be produced at of ite parti along with a list thereof and as many.copies as there aré opposgsiflified T 5

(4) Any document which is not produced in the m.a'l""?r :\eidence onn s;‘eb];’“bs

(2) and (3), as the case may be, shall not be admissible "t"on Erlealylt alf of the party which ought to have produced it, without the Saf;fi lh e Hiie ;'W.

sz . : ich Is or th,

(5) Nothing in this rule applies to any document Which 1= e purpose of cross-examining a witness of is handed over o 2 witness to refresh g memory. Wi s i ani n any way, a cle; (6) If any document is written in pencil ‘or torn or damaged | ar note to that effect shall be made in the list and any such docu;nept shall be brought to the notice of the Authority by the receiving clerk. The '1‘“ ority may, if it deems desirable, require the party-producing such document to ?f-‘p a true copy thereof, either written in ink or typed;-on the record. %o ; )

(7) Petition, appearance memo, purshis and all applications, etc., filed by or on behalf of the applicant shall be marked as Exhibit ‘U’ and be given serial numbers accordingly. The written- statement,” appearance memo, purshis, all appllcgt{ons_ efc., tendered by or on behalf of the opposite party shall be market as Exhibit 'C and be given serial numbers accordingly. ; : ot '

(8) The list of documents shall mention each document serially and shall be in Form VA. e ;

(9) Any document which is' referred ‘to inthe-proceedings shall, before it is formally proved and tendered in evidence,: be detached from the list, marked for identification and assigned a numberas exhibit, and reference to such number shall appear in all depositions, procegdihgs or rordvers. . '

(10) On receipt of the application, the Authority shall examine it or cause it to be examined on the following points:- ;

(a) Whether it is in proper form and is/p'roperly signed and verified;

(b) Whether it is barred by limitation;

(c) Whether it is accompanied by the documents on which reliance is placed for the relief along with a list-and copies thereof: and

(d) Whether the documents are in proper ‘conditions, as provided in sub-rule (1. ; -

(11) Upon an application being examined and found to be in order, it shall be registered and the officer concerned shall make an endorsement thereon “examined and registered” with the date and his signature. £

(12) The application shall then be entered in the relevant register.

(13) Where an Aapplication is found to be defective in any material particular, the Authority shall direct the applicant to rectify the defecty withinr a l:weriod to be specified, or such further time as may be allowed b ity, failing which it shall be competent for the Authority to dismiss the ag&?:a{i\;:horlty, failing which £

Where this provision sits

ActThe Minimum Wages Act, 1948
Section31
Marginal noteCertain muster-rolls or registers, etc., to be treated as muster-rolis-or registers under these rules
JurisdictionState of Maharashtra
StatusIn force as published by the source

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