The authorisation to act on b 0l i ehalf erson persons, under sub-section (2) of section 20 or sub~séct§gna?1)ergfp|s%y§% r;]) it be given in Form VI by an instrument which oty hearing the application and shall form part of mihfe”cg% Dresentgd to the Auth .
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4. Appearance_of parties_.- (1) If an application under sub- section (12) of ion 20 or section 21 in entertained, the- authority shall serve upon the tered post a notice i f employen. by registered p otice in Form VII to appear before him on @ date Spegifuad in the notice ‘with all relevant documents and witnesses, if any, and'shall .
inform the applicant the dates so specified. :
2) If the emplayer or his representative fails to appear on'the specified date, the Authority may hear and determine the application ex-parte.
@3 the appl_lcaljt or his representative fails to appear on the _specifiéd date, the Authority may dismiss the application. : v % :
4) An order passed under sub-rulé (2) or sub-rile (3) may be'set aside on sufficient cause being shown by the defaulting party within one month of the date of the said orc_ier. and the application shall then be reheard after service of notice on the opposite party of the date fixed-for rehearing'in the ‘manner specified in sub-rule (1)- 5 ; s e g '[34A. Maintenance of Roznama-(1) The Authority shall maintain-a-Roznama of the proceedings of the applications made under rule 32. ; :
(2) The Roznama shall contain the following information:-
(i) “course of proceedings from day to day;
(ii) reasons for adjournment, if any; : ! ; g
(i) faithful, complete and- concise “history of the case and other. proceedings under it including Commissioner's. report and all‘other. proceedings after passing of the order to be mentioned chronologically; :
(iv) a list and description of the exhibits;
(v) date of delivery of order;
(vi) date of signing of the order; and .
(vii) application for review and modification of the ‘order, if any. .
(3) The Roznama shall be maintained by the judicial clerk or the clerk on duty. The entries other than those made at the time of institution of proceedings shall be signed by the Authority.
(4) Every document accepted and admitted as evidence shall be mentioned in the Roznama in chronological order. The description of the documents shall also be mentioned in the Roznama. At the end of the Roznama of each case the * judicial clerk concerned shall make a note that all stamps.have been punched and thereafter affix his signature. ;
(5) Every order shall ordinarily be. pronouncef for the same unless prior intimation.of the date of the delivery to the concerned parties.
(6) The Authority, at the time of signing pronounce its decision and thereafter no addit the judgment or order other than the corred mistake arising from any accidental omissions. ; v d in open Court on the date fixed :
of the order is given and dating its judgment or order shall ions or alterations shall be made to tion of any clerical or arithmetical iz Ins. by MW.; (Amendment) Rules, 1981 G Scanned with OKEN Scanner S 4 granted " "CHAPTERVI = opponent, the Authori parties such costs a
36. Court-fees - section 20 specified in column (1) The Maharashtra Minimum Wages Rules, 1963
(1) Any person desirous of ‘obtaining certifi fied copies of an order or decree of the Aut make an application in writing to the Authority.
:
pplication. and on payment of fees at the r;
e documents may be suppl e under sup,-rule, (2): of any note recorded by the Au ment which the Authority may.co ent of ten ry ied Copig hority ma;
ate of fift ment shy lied,dn Payment of thori'ty fbr,its OWN' use or of 5 ; ny | nsider to be confidential shay bg | ount of Courf-fees; L bsistence money to witnesses;
Pees provided that the Authority in any IVe rupees or for ion of the Table beloy shall subject to the Provisions of section 21-A, be at the ra i :
(2) thereof:- a
(i) An application to summon a Witness, (ii) An application made to the Authority.
‘amount directeq <i-(2) One rupee in respect of each witness The same rate of ad valorem fees as is chargeable in respect of a plaint pnder article 1 -of ' Senaduia | the Bombay Court-fees Act, 1959 (Bom.35 of 1955 collected: on the amount under the application or the to be paid by the authority, Whichever js less.
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CHAPTER VI MISCELLANEOUS A - These Rules shall i i 47. Savings not .apply in relation to any scheduled ployment '"h.s% far, ?fi they are already in force rules applicable to such employment whicl 'nf € opinion of the State Government make equally fisfa(:ttqf)’ Iprow_swns or the matters dealt with by these Rules and such opinion shall be final. i ;
38 prescribed Ilm|t>of wages under section 26 (2-A).- The limit of wages for ne purpose of sub-section (2A) of section 26 shall- * :
a) in respect of employees.in establishment where the wages are fixed in accordance with an award or otherwise, be the wages so fixed provided the wages so fixed, are not less than nine-eighths of the minimum rates of ~wages fixed, and :
(b) in all other cases, be nine-eighths of the minimum rates of wages fixed in . respect of employees referred to in the said sub-section (2-A).. :
39, Repeal.-On the commencement of these Rules, the Bombay Minimum Wages Rules, 1951, the Madhya Pradesh Minimum Wages Rules, 1951 and the Hyderabad Minimum Wages Rules, 1951, shall stand repealed, except as respects things done or omitted to be done. - : 3 Form I- (See rule 22) Abstract of the Minimum Wages Act, 1948, and the Rules made the reunder] S R 1 me m | regarding “Abstract of the Min LExt. ot, 30.3.2001 p. 230.
imum Wages Act” deleted by G.N. dt. 30.3.2001, MGG G Scanned with OKEN Scanner i The Minimum Wages R:lle:, 1963 '[FORM Il (see Rule 27(1) ¢ Muster-roll-cum Wages Register Name of the Establishment:
Name of Employer/Controller:
For the month 6f Sr. | Fullname of the | Ageand | Nature of | Date of Working Interva No. | Employees Sex . work entryinto ‘| Hours. for rest i Destination | service From to From To
(1) 7. @) (@) _® (6) (7) “Hours Total days | Minimum Actual Rates | Total Total worked on 1, | worked | Rates of of wages ‘production in | overtime 2,3,4,..31 | wages payable case of hours payable piece rate worked ®) < (9) (10) (1) (12) (13) Normal Rate of HRA. Overtime Gross Deduction wages . HRA. payable earnings wages advanced payable Fine .
- | Damage A Ors.
(14) (15) __(18) an (18) (19) ! Subs. by G.N. dated 5.9.21000.
G Scanned with OKEN Scanner . The Minimum Wages Rules, 1963 7 Leave Wages Previous | Earned | Avalled |'Balanceat | Date of | Signature balance | duringthe | duringthe | the end of | payment | or thumb month ‘month the month | of wages | impression : of the ; . - | employees
(21) (22) . (23) 24 25) (26) - Siér;éluw of authorised, e Signature of the Employer or the person representative principal Emplbyer 2 - authorised by him to authenticate the. - (ncase of Contract Labour i - - above entries. - G‘ Scanned with OKEN Scanner The Minimum Wages Rules, 1963 'FOR Il [See rule 27(3)] e Register of wages and muster-roll of agricultural employees employed on daily Wageg Name of the employer:
Address:
Name and age Number of Signéture or of employee hours worked - - /| Amount paid e thumb- A ; | impression of ' F bl the €Mmployee o @ e L o e A ’Rs. P . " Subs. vide the Maharaghtr, i Minimum Wages B SE s dated 20" November 1975 at pages 50, ey (Amendmem) Rules, 1975, Published in MGG Pi-L, G‘ Scanned with OKEN Scanner The Minimum Wages Rules, 1963 49 'FORMII-A [See rule 27(3)] - Register of wages .and muster-roll of agricultural employees employed on monthly or gnnual wages- :
Name of the employer:
: Vear Address: G " Month:
Name and age | Amount paid in | Value of wages | Total tShignabt_ure or ;‘ :
cash aid in kind, i um| of employee . 1 o : gny ) impressiofiof.
. : the employee (s [¢) @3) “) ®) - .Rs.. P. : i TRy :
1. Added. vide the Maharashtra Minimum Wages (Amendment) Rules, 1975, published in MGG Pt-I-L, dated 20" November 1975 at pages 5098-99. s G Scanned with OKEN Scanner >50 ;
. The Minimum Wages Rules, 1963 FORM IV (See Rule 32) Form of application by an employee under Section 20(2) In the Court of the Authority appounted under the Minimum Wages Act, 1 948\ for Area . Application No. oh 20
(1) ; ) @ g ] Applicant(s) ®) 3 (through ... ....Alegal Practllloner or offcml of ..... ¥ e forsei o Union which is a reglstered Trade Union) Address:
) S g @ ey Apponen(s) ©)] e :
Address The applicant(s) abovenamed g s) respectfully to-submit as follows:-
(1) that:
(2) th The applicant(s) has (have) been paid wages at less than the minimum rate of wages The applicant has not been paid wages at Rs............... per day for the weekly days of rest from. :
The applicant has not been paxd wages at the overtime rate for the penod from <40z, The apphcant(s) esnmate(s) the value of the relief sought by hrm (them) at the sum of Rs.
The apphcant(s) pray(s) that a dlrecuon .may be issued under sub-section (3) of section 20 for.-
(a) Payment of the difference between the wages due according to- the minimum rate.of wages fixed by Government and the wages actually paid.
(b) Payment of remuneration for the days of rest,
(c) Payment of Wages at the overtime rate, and
(d) Compensation amountingtoRs....................
~ The applicant(s) beg(s) leave to amend or add to or ‘make alterations in the applicétion. if any and when necessary " Date o . ! Signature or thumb- |mpre55|on of the b employee(s), legal practitioner of ial of aregistered Trade Union duly aul ncant(s) do(es) solemnly declare that what is stated above is true to th owledge, behef and information.
is by a group of employees e thumb-i |mpress|on or signature of two i Pl afullistof appn nts should be attached to the application G‘ Scanned with OKEN Scanner - appl The Minimum Wages Rules, 1963 51 This verification is signed at -.on " ‘day of - 20 i 2 iy : : * Signature or thumb-impression of the -employee(s), legal practitioner.or official of a registered Trade ‘Union duly authorised FORMV . Deond i1 (Seerule32) 5 Form of application by an Inspector or person acting with the permission of the authority. - under Section 20(2). % Inthe Courtof the: Authority appointed under the Minimurm Wages Act, 1948 ' for Area ; _ Application No. of 20
(1) Address - a4 sy P Vi Applicant:
Versus | 7 iy .
_ (1) Address T 7 ] , Opponent.
The applicant abovenamed begs reépectfully to submit as follows:-
(1) that..iiie.. i Ty et 1 The opponent is bound to pay wages at the minimum rate of wages fixed by Government but he has paid less wages to the following employees:- | The opponent has not paid wages to the following employees at Rs................ per day for the weekly days of rest. ’ ! The opponent has not paid wages to the foliowing employees at the overtime rate or period from .........ocviieiieinens o b ik ;
SR @ € “Th -applicant estimates the value of the relief sought for the employees at the sum of Rs....
The applicant prays that direction may be issued under sub-section (3) of section 20 for.
When the application is by a group of employees, the thumb-impression or signature of two or the -, "icams need be put to the application a full list of applicants should be attached to the application.
! Delete the portions not required.
' ules, 1963 % © The Minimum Wages Rules, 196.
ording to the minim,
(a) Payment of the difference between the wea%f:afi‘;:;?ic : il Wwages fixed by Government and the wages t, (b) Payment of remuneration for the days of ’::
(c) Payment of Wages at the overtime rate, a .
(d) Compensation amounting o RS.......eewsse--t+ ions in th ANCE The applicant begs leave to amend or add to o make alterations in the applicatior, frany When necessary.
of ‘.
Date: i S e Signa‘,',re i The application does solemnly declare that what is s“a:?:d a:t,oo:e dl:ytrgg_m the best of 1, knowledge, belief and information. The verification is sig : 3 |- : - o FORM VA ¢ coiE (See rule 32(8) Applicant List of documents produced by opposite party i -(Title e.g. Désciipfion, Subject, Name of the Court, Commissioner, Authoiity, etc,) SI.No. - Description of documents * Date, if any, which Signature of pary y i the documents or leader or any bear authorised :
representative
(1) @ doivitiva @), e @ ! Inserted by the Maharashtra Minimum Wages (Amendment) Rules, 1981, it ;
~ FORVI (See rule 33) Form of Authority in favour of a legal practitioner or any Union refey official or a Registered. Trade -In the Court of the Authority app i red fo in section 20(2) i ointed under the Minimurm Wages A for Application No,,..
G Scanned with OKEN Scanner . The Minimum Wages Rules, 1963 ‘ 53 iz ! 3 @ i L ER T g 1 . ' Applicant:
@ ; ! .
J Versus: ! - :
- ‘ i @ ; ; e 'Opponent(s).
@ : i ; g | hereby authorise Mr............ +... @ legal practitioner/official of the registered trade union O wasvsinnet to appear and act on my behalf in the above described proceeding and to do all things in incidental to such appearing and acting. ;
Signature o'r‘thumbfimpress of the employee.
" FORMVII o "(See rule 34) - Form of summons to the Opponents to appear before the Authority when an application -~ --under sub-section (2) of section 20 or under section 21 is entertained.
Toaisan .. Title of the application + (name, description and place of residence)” of........20 ,at B :
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 defence.
Take notice that, in default of your appearance on the day before mentioned the application will be heard determined in your absence.
And you'may if you so desire file at least three days before the date of hearing a written statement to - the application alongwith documents referred to in the written-statement accompanied by a list thereof and also supply copies thereof to the applicant and obtain the receipt therefore and file it alongwith the written-statement.
Take notice that, in default of your appearance on the day before mentioned the application will be heard determined in your absence.
Given under my hand and seal this ........... day,of i fsenssidy 20 Seal - Signature Liiad G Scanned with OKEN Scanner