{I) When a worker works in an om rloyment for mort.; than nlne hour, on any Uay or for more than forty c1ght huur· m any wetk he <hall tn re,prct of O\Crttmt work be cnlttled to \'-agej.
(al in the ca'c nl employment m ARrtculture. at one and a half lime the ordmar~ "'"~..: nil~
(b) in the ca>< of any other scheduled tmployments. at double the ordinary rate of wage,.
Explanation:-The expression "ordinary rate of wages" mean' the ba,ic wage plus such allowances including the cash equivalent of the advan tages occuring through the conces~ional sale to the pehorn employed of foodgrains and other anicles as the ptr>on. employed is for the time bctng entitled to but Joe· nul mdudl! a bonu~.
(2) A rcgt>t<r ~bowing ovenime pa) mtnt 'hall be kept in lorm I\'.
(3) Nothing in the,e rule;; shall he deemed to allect the provi$iOIU ol the Factories Act. 1948 '26. Form of reghtcrs and records-( lt A Re)\c,tcr of wages >hall be maintained by eHr> employer at th< workshop in Form·X ;
(2l Every cmplnycr <hall. in resprct of each rc"on emploved in the c)lablishment complete the <ntries pertaining to a wage period- Cal in column> I to 15 of Form-X ~fort the date on \\hrch the ,. uge' for such ptrmd fall due ;
lbl in columns 16 and 17 of the <aid Form. on the date "htn ra>ment is made. and !lhtain the si~natur< or thumb impres>ion of the emplo)ee in column-IR of the said Form on the date "ben pa)mcnl h made.
(3) A wage ,Jip in Form-XI shall he bsued by every employer to e,·ery person employed by him at least a day prior to the tlisbur,cmont of wages.
(4) ber) empluvcr shall gel the ,ignature or thumb tmpresston ol c\(f) per>on :ntplu)cJ on the cegbter ul wa@"' and v.age .tip
(5) Entnc' in the register of wag<> and wage 'hP' ,hall be authcn tic~ted by the empln)<r or any prrson authori,cd by him in thi< beball.
'(6\ A '\fl.'STFR Rn!l <hall h< m"tnlaonetl hv ncry tmnlnver dl the work '1'01 tn Form-V and the attendance of each pe"on employed in the c,tablishmcnt ~hall be recorded daily tn that FMm within three hour' ol the commencement of the work 'hift or relay fur the day, as the ca\c may be.
13 '26A. P,-.,~ervatton of regbtcl"li- A reghter required to be maintained under rules 21 (4l. 25 (2) and 26 (ll (and the muster roll required to be maintained under rule-16 (6) ,hall be preserved for a period of three year> after the date of last entry made therein •2oB. (I l Production of registers and other records ·-All reghters and record, required to be maintained by an employer under these rules shnll be produced on demand before the ln>pector during the cour'c of in .pectton of the C>"labli.hment .
Pro1 idcd that the In pector may, if it is ncce,.ary demand the produwon of the Jcgistel'l> and record; in hh office or such other public place a' may be nearer to the employer
(2) Any infringement of the provisions of the Act or the.<: rule• noticed by the Inspector and commumcated to the employer during the C()Uf>C O[ Ull in\f)eCIIOn (lf OtheNbC. 'haiJ be rectiJiccJ b~ the employer and compli•nce repon in re,pect thereof shall be oubminctl to the Inspec tor, on or before the date specified by him tn tht> behalf.
o. 26C. Not withstanding anything in the;c rule• .
Where a .:ombincd (alternatil·e) form " 'ought to 1sc ~>>Ued b~ the empiO}ot to avoid duplication of work for compliunce with the pro\l•ion> of "") other Act or the rule• framed thereunder, a11 ah~rnatl\e .u,tablo fUI m ip lieu Of ,my <If the fornh prcscdbc<! Under thC>C rule\ ma) be U·cd ""h the prc,iou> appro,al of the Labour c - m">ioncr, Tripura.
6. ln•cned by a nouficallon No. F. 87(53)-LAB M\\ 79 date~d""\f,...,...a-)-, ..,.1"'9!1"'0,..- publlshcc.l '" the T dpura Gazette. Cxtm-ordinury issue dated 17-6-80.
3. 4, S, iruerted by a Nouficallon No. F. 81(53)-LAB/ MW /79 Dt. May.
1980 and publi,hcd "' tht Tripura Gazette, 'E"raordinary ~»ue dated 17-6-I 980.
CIIAPTER V CLAIMS UNDER THE ACT 27 Application :-An uppllcation under ,ub-,cction (2) of Sc~llon 10 or sub-s~cuon (I) of Sccuun 21 by or on bthnll of an employed pcN>n or group ul employed per"'"' 'hall be made in uuplicatc in forms VI & VII.
as the case muy be.
,A \uthurb.ation · ~I he uuthori .. ation to act nn behaH or an employed pet\on or per:.on,, under sub-scwon (2) of Section 20 ur ul sub-section (I) of Section 11 .hall be given in form \'Ill by an in>trumcnt which ~hall l>c presented to the Authorit} hearing the applicanon an.l ,hall from p..rt uf the record.
29. Appeurancc of parties: (I) If an application under sub-,cctiun
(2) of Section 20 or Section 21 i' entertained the Authority shall >crvc upon the employer by registered po't u notice in form IX to appear before him on n specified date with all relevant documents and witnc<se>. if any, and shall inform the applicam of tbc date so specified.
(2) II the employer or his repre>entative fails to appear on the :>pccificd date, the Authority may hear and determme the application ex-parte.
(3) Jf the applicant or his reprc;entati vc fails to appear on the specified date. the Authority m~y dbmiss tho oppllcutlon.
(4) An order pa••e<l under ~ub-rule (2) or ~ub-rule (3) may be set a'ide on ~ufficient ~au\C being 'howo by the defaulting party v.othin one month or the date of the .aid ordtr, and the apphcation shall then be reheard after 'ervice of notice on the opposite party of the date fixed for re-hearing. in the manner specified in sub-rule (1).
CHAPTER VI SCALE OF COSTS I"' PROCL!iDI'-'GS UNDER THF ACT .10. COSTS :-(1) The authority, for reason' to be rccord~d in writing, may d~rcct that the cost of any proceeding pending before it 'haU not follow the c\·enl.
(2) The CO\h which may be awarded ~hall include
(i) e~pen>es incurred on Oe<ounl of court fee' (iiJ expemcs incurred on 'ubshtcnccs money 10 wit nesses: and
(iii) pleader's fees 10 the c<tenl of ten rupee> provided thai the Authorit)' in any pmcccding rna~ reduce the fee, to a sum om less than five rupees or for reason to be recorded in writing incrcu'c il to a sum not cxcecdinll twenty-five rupees.
(31 Where there arc more than one pleaders or more one appli· ca tion' or opponents the Authority may. subject as aforesaid award to the succc,sful party or parties such costs a\ it rna~ deem proper