(1)(a) 2[The Commissioner of Labour and the Deputy Commissioners of Labour I and II, Madras, Salem, Coimbatore, Madurai, Tiruchirappalli and Tirunelveli] shall be the authority competent to approve, under sub-section (1) of section 35, acts and omissions in respect of which fines may be imposed and under sub-section (8) of section 35, the purposes to which the fines realised shall be applied.
(b) Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employed persons shall send to the Commissioner of Labour or to the Deputy Commissioner of Labour having jurisdiction over the area-
(i) a list in English, in duplicate, clearly defining such acts and omissions;
(ii) in cases where the employer himself does not intend to be the sole person employed to impose fines, a list in duplicate, showing those appointments in his establishment the incumbents of which may pass orders imposing fines and the class of establishments on which the incumbent of each such appointment may impose fines;
and
1Ins. vide S.R.O. No. 801 of 1970, dated the 22nd June, 1970
2Subs. by G.O. Ms. No. 1293, Labour and Employment, dated the 18th June, 1981 5
(iii) a list showing the purpose to which the fines realised shall be applied.
(c) The Commissioner of Labour or the Deputy Commissioner of Labour having jurisdiction over the area may, on receipt of the list prescribed in sub-clause (i) or sub-clause (iii) of clause (b) after such enquiry as he considers necessary, pass order either –
(i) disapproving the list, or
(ii) approving the list either in its original form or as amended by him in which case such list shall be considered to be an approved list:
Provided that an order disapproving or amending any list shall be passed unless the employer shall have been given an opportunity showing cause orally or in writing against such order.
(d) The employer shall display at or near the main entrance of the establishment a copy in English, together with a correct translation thereof, in the language of the majority of the persons employed therein of the list approved under clause (c).
(e) No fine shall be imposed by any person other than an employer or a person holding an appointment named in a list submitted under clause (b).
(2)(a) Any person desiring to impose a fine on a person employed or to make a deduction from his wages for damage or loss shall explain personally to the said person the act or omission, or damage or loss, in respect of which the fine or deduction is proposed to be imposed and the amount of the fine or deduction, which it is proposed to impose, and shall hear his explanation. The charge in respect of which it is proposed to impose the fine or deduction and the explanation of the person concerned shall be reduced to writing, the signature of such person being obtained to the latter.
(b) Every person other than the employer imposing a fine or directing the making of a deduction for damage or loss shall at once inform the employer of all particulars so that the register prescribed 1[***] in sub-rule (4) may be duly completed.
(3)(a) The employer of any establishment in respect of which he has obtained approval under sub-section (1) of section 35 to a list of acts and omissions in respect of which fines may be imposed, shall maintain a Register 2[prescribed under sub-rule (4)]:
3[Provided that the signature or thumb-impression of the person employed shall be obtained in 4[the Register prescribed under sub-rule (4)] immediately on the next working day following the last day of the month concerned.]
1The expression “sub-rule (3) or” omitted by G.O. Ms. No.3, Labour and Employment (C), dated the 4th January, 2007.
2Subs. by G.O. Ms. No.3, Labour and Employment (C), dated the 4th January, 2007, for the expression “of Fines in Form B”.
3Ins. by G.O. Ms. No. 714, Labour and Employment, dated the 30th July, 1976
4Subs. by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January 2007, for the expression “Form B”.
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(b) At the beginning of the 1[Register prescribed under sub-rule (4)], the approved purpose or purposes on which the fines realised are to be expended shall be entered and serially numbered.
(c) When any disbursements are made from the fines realised, deduct entry of the amount so expended shall be made in the 1[Register prescribed under sub-rule (4)].
The vouchers or receipts in respect of the amounts so expended shall be serially numbered and kept separately, the serial number of each voucher or receipt and the amount to which it relates being noted in the remarks column of the register. If more than one purpose has been approved, the entry of the disbursements shall also indicate the purpose for which it is made.
2[(4) Every employer shall maintain a Register of Fines, deductions for Damages or Loss and Advances in Form P:]
3 [Provided that the signature or thumb-impression of the person employed shall be obtained in 4 [Form P] immediately on the next working day following the last day of the month concerned.]
5 [(5) Every employer shall maintain a register of wages in 6[Form R] in his establishment.]
7[(6) Wages Slip in Form T shall be issued by every employer, to every person employed, every month, a day prior to the disbursement of wages or atleast on the date of disbursement or if the wages are paid daily, along with the wages, duly signed by him or any other authorised person and also the signature of the concerned person employed shall be obtained. The copies of wage slip issued shall be maintained by the employer and produced to the inspector on demand.]
12. Deductions for breach of contract—(1) No deduction for breach of contract shall be made from the wages of an employed person who is under the age of fifteen years.
(2) No deduction for breach of contract shall be made from the wages of any employed person unless –
1Subs. by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January, 2007 for the words “Register of Fines” 2 Subs. by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January, 2007
3Ins. by G.O. Ms. No. 714, Labour and Employment, dated the 30th July, 1976 4 Subs. by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January, 2007 for the words “Form C”.
5Subs. by S.R.O. A/1022 of 1971, dated the 23rd September, 1971 6 Subs. by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January, 2007 for the words “Form M”.
7 Added by G.O. Ms. No. 3, Labour and Employment (C), dated the 4th January, 2007.
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(a) there is provision in writing forming part of the term of the contract of employment requiring the employee to give notice of the termination of such employment and the period of notice does not exceed either,
(i) fifteen days or the wage-period, whichever is less;
(ii) the period of notice which the employer is required to give of the termination of that employment;
(b) this rule has been displayed in English and in the language of the majority of the employed persons at or near the main entrance of the establishment and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made;
(c) a notice has been displayed at or near the main entrance of the establishment giving the names of the persons from whose wages the deduction is proposed to be made, the number of days’ wages to be deducted and the conditions (if any) on which the deduction will be remitted:
Provided that where the deduction is proposed to be made from all the persons employed in any departments or sections of the establishment, it shall be sufficient in lieu of giving the names of the persons in such departments or sections, to specify the departments or sections affected.
(3) No deduction for the breach of contract shall exceed the wages of the person employed, for the period by which the notice of termination of service given falls short of the period of such notice required by the contract of employment.
(4) If any conditions have been specified in the notice displayed under clause (c) of sub-rule (2), no deductions for breach of contract shall be made from the wages of any person who has complied with those conditions.