(1) No fine shall be imposed on any person employed save in respect of such acts and omissions on his part as the employer, with the previous approval of the prescribed authority, may have specified by notice under subsection (2).
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(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on.
(3) No fine shall be imposed on any person employed until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fine.
(4) The total amount of fine which may be imposed in any one wage period on any person employed shall not exceed an amount equal to 0-03 p. in the rupee of the wages payable to him in respect of that wage period.
(5) No fine shall be imposed on any person employed who has not completed his fifteenth year.
(6) No fine imposed on any person employed shall be recovered from him after the expiry of sixty days from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the employer in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the person employed in the establishment as are approved by the prescribed authority.
Explanation. – When the persons employed are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.
39. Deductions for absence from duty. --- (1) Deductions may be made under clause (b) of sub-section (2) of section 37 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work such absence being for the whole or any part of the period during which he is so required to work.
(2) The amount of such deduction shall, in no case, bear to the wages payable to the employed person in respect of the wage period for which the deduction is made, a larger proportion than the period for which he was absent bears to the total period, within such wage period during which by the terms of his employment, he was required to work:
Provided that, subject to any rules made in this behalf by the Government if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contract of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by such terms be due to the employer in lieu of due notice.
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Explanation. – For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work, if, although present in such place, he refuses, in pursuance of a stay-in-strike or for other cause which is not reasonable in the circumstances to carry out his work.