Any contravention of rules 3, 4, 5, 6, 6-A, 8, 12, 15, 18, 18-A, 18-B and 22 of these rules shall be punishable with fine 1[which shall not be less than seven hundred and fifty rupees, but which may extend to one thousand and five hundred rupees.]
24. (1) The provisions of the foregoing rules as to factories except the proviso to subrule (2) of rule 17 shall mutatis mutandis apply to all industrial establishments to which the provisions of the Act have been extended under sub-section (5) of section 1 :
Provided that the provisions of rules 6-A, 8 and 12 and clauses (b) and (c) of sub-rule (2) of rule 16 shall not apply to an industrial establishment having no building :
Subs. by G.O. (D) No. 433, Labour and Employment (H-1), dated the 21st October, 2008 for “which may extend to two hundred rupees (w.e.f. 3rd December, 2008) 10
Provided further that in the case of plantations, tramways and motor omnibus services sub-rule (2) of rule 17 shall the Act not apply to advances which were made before the provisions of the Act were extended to them and the particulars relate to which are communicated before the 1st January, 1948 to the Inspector having jurisdiction over the plantation or tramway or omnibus service, as the case may be.
(2) The provisions of rules 3, 4 and 5 shall apply to an industrial establishment having no building with the modification that the registers specified in those rules shall be maintained in the house of the paymaster and produced at the office of the Inspector having jurisdiction, when required.
----- FORM I (See Rule 3) Register of Fines .............................................. Factory / Establishment S e ri a l N o .
N a m e F a th e r’ s o r h u s b a n d ’s n a m e o r w o rk s h o p , d e p a rt m e n ta l o r g a n g n u m b e r D e p a rt m e n t o r g a n g A c t o r o m is s io n f o r w h ic h f in e im p o s e d W h e th e r w o rk m a n s h o w e d c a u s e a g a in s t fi n e o r n o t a n d i f s o , d a te o n w h ic h c a u s e w a s s h o w n T o ta l w a g e s f o r th e w a g e p e ri o d i n w h ic h f in e i m p o s e d A m o u n t o f, a n d d a te o n w h ic h , fi n e im p o s e d D a te o n w h ic h f in e r e a li s e d R e m a rk s
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 12 FORM II (See Rule 4) Register of Deductions for damage or loss caused to the employer by the neglect or default of the employed persons .............................................. Factory / Industrial Establishment S e ri a l N o .
N a m e F a th e r’ s o r h u s b a n d ’s n a m e o r w o rk s h o p , d e p a rt m e n ta l o r g a n g n u m b e r D e p a rt m e n t o r g a n g D a m a g e o r lo s s c a u s e d W h e th e r w o rk e r s h o w e d c a u s e a g a in s t d e d u c ti o n o r n o t a n d i f s o , d a te o n w h ic h c a u s e w a s s h o w n A m o u n t o f, a n d d a te o n w h ic h , d e d u c ti o n i m p o s e d N o .
o f in s ta lm e n ts , if a n y D a te o n w h ic h t o ta l a m o u n t re a li s e d R e m a rk s
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 13 Form III (See Rule 17) Register of advances made to employed persons .............................................. Factory / Industrial Establishment S e ri a l N o .
N a m e F a th e r’ s o r h u s b a n d ’s n a m e o r w o rk s h o p , d e p a rt m e n ta l o r g a n g n u m b e r D e p a rt m e n t o r g a n g A m o u n t o f, a n d d a te o n w h ic h a d v a n c e m a d e P u rp o s e s f o r w h ic h a d v a n c e m a d e N o .
o f in s ta lm e n ts b y w h ic h a d v a n c e t o b e r e p a id P o s tp o n e m e n ts g ra n te d D a te o n w h ic h t o ta l a m o u n t r e p a id R e m a rk s
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) FORM IV (Prescribed under rule 18) Annual Returns WAGES AND DEDUCTIONS FROM WAGES Return for the year ending 31st December, 19 .
1 (a) Name of the Factory or establishment and Postal address
(b) Industry 2 Number of days worked during the year *3 (a) Number of man-days worked during the year -- Persons earning less than Rs.1000 † per month Adults:
Children:
‡(b) Average daily number of persons employed during the year – Adult:
Children:
Total:
4 Gross amount paid as remuneration to persons getting less than Rs.1000 † per month including deductions under section 7(2) of which the amount due to profit sharing bonus is .............. and that due to money value of concession‡ is 5 Total wages paid including deductions under section 7(2) on the following accounts:-
(a) Basic wages
(b) Dearness allowance
(c) Overtime wages and non-profit sharing bonus
(d) Other allowances in cash
(e) Arrears of pay in respect of previous year paid during the year Total:
Persons receiving less than Rs.1000 † per month † Subs. by G.O. Ms. No. 163, Labour and Employment, dated the 17th February, 1977 15 6 Deduction:-
(a) Fines
(b) Deductions for damage or loss
(c) Deductions for breach of contract Persons receiving less than Rs.1000 † per month Number of cases Amount 7 Disbursements from the fines fund-
(a)
(b)
(c)
(d) Purpose Amount 8 Balance of fines in hand at the end of the year Signature ..............................
Designation ...........................
* This is the aggregate number of attendances during the year.
† The average daily number of persons employed during the year is obtained by dividing the aggregate number of attendances during the year by the number of working days.
‡ Money value of concessions should be obtained by taking the difference of the cost price paid by the employer and the actual price paid by the employees for supplies of essential commodities given free or at concessional rates.
16 FORM V 17 18 19 20 21 22 FORM VI [See Rule 6-A] Serial Number
(1) Class of Worker
(2) Maximum and minimum rates of wages
(3) FORM VII [See Rule 18-B]
1. Full name of the factory / industrial establishment
2. (a) Full postal address and situation of the factory/industrial establishment
(b) Full postal address to which communications relating to the factory/industrial establishment could be sent.
3. Full name and residential address of the paymaster:-
(i) The proprietor or partners of the factory/industrial establishment in the case of private firm/proprietary concern.
(ii) Directors in the case of a public limited liability company/firm.
(iii) Where a managing agent has been appointed, the name of the managing agent and directors thereof.
(iv) Shareholders in the case of a private company where no managing agents have been appointed.
(v) The Chief Administrative head in the case of a Government or local fund factory/industrial establishment.
4. If any person other than the Paymaster is responsible for payment of wages under the provisions of the proviso to section 3 of the Payment of Wages Act, 1936, his full name and residential address.
Signature of the Paymaster Date This form should be completed in ink in block letters or typed.
Information required in item 3 shall be supplied only in respect of the person or persons so appointed. Strike out what is not applicable.
23 1[FORM VIII [See Rule 6-B] Self-Certification by Information Technology Software Establishments and Information Technology Software Enabled Services for the half year ending ............
1. Name and address of the Information Technology Software Establishment or Information Technology Software Enabled Services— Phone No.:
Fax:
E-mail I.D.:
2. Name and address of the Paymaster:
3. Maximum number of persons employed on any day—
(1) Male
(2) Female
(3) Total
4. Whether during the half-year, wages to the employed persons were paid before the expiry of the seventh day or tenth day, as the cases may be, after the last day of the wage period as per Section 5 of the Act?
5. Whether notice of date of payment of wages is displayed as per Rule 8?
6. Whether the Register of Wages is maintained under Rule 5?
7. Whether application, requiring the power to impose fines on the employed persons is sent to Deputy Commissioner of Labour as per Rule 10?
8. Whether an abstract of the Rule is displayed in Form V?
9. Whether the annual return in Form IV is sent within the time stipulated in Rule 18?
[Note:- Information in respect of the items not applicable may be indicated as “Not applicable”.]
[Signature of the Paymaster] 1Added by G.O. (D) No. 394, Labour and Employment (H-1), dated the 29th September, 2008.
24 CERTIFICATE Certified that during the half-year ending ..................., we have complied with all the provisions under the Payment of Wages Act, 1936 and the Tamil Nadu Payment of Wages Rules, 1937 made thereunder, in addition to those specifically mentioned above.
2. This certificate is issued with full knowledge of the provisions of the said Act and the Rules. We are jointly and severally responsible for any information found incorrect subsequently and are liable for penalty under the provisions of the said Act and the Rules.
Signature of the Manager Signature of the Paymaster Name: Name:
Designation: Designation:
Office Seal: Office Seal:
Date: Date:
Accepted:
Assistant Inspector of Labour]