U. P. PAYMENT OF WAGES RULES, 1936 Title—These rules may be called the U. P.Payment of wop, 1. Title—
936. ] ) Rules, lD Ginitions.—In these rules, unless there is anything repugnan; ;,
2. De e the subject or context,— :
’ J(a) “¢tthe Act” means the Payment of Wages Act (IV of 1936) ;
(b) ““the Authority’”” means the authority appointed under gy, section (1) of Section 15 of the Act;
i i he Inspector of Fac. “the Chief Inspector of Factories’ means U J ) :otr}fis all);ointeg under sub-section (2) of Section 10 of the Factories Act (XXV of 1934) ;
(d) ““the Court” means the court mentioned in sub-section (1) of Section 17 of the Act; .
(¢) ““deduction for breach of .c.on:ract" means a dedflctlen m.ade in accordance with the provisions of the proviso to sub-section (2) of Section 9;
f) ““deduction for damage or loss” means a ‘deduction made in k accordance with the provisions of clause (c) of sub-section (2) of Section 7;
(g) “Form®’ means a form appended to these rules; |
(h) ““Inspector’” means the inspector authorized by or under Section 14 of the Act;
(i) “‘person employed” excludes all persons to the payment of whose wages the Act does not apply ;
(J) “‘section” means a section of the Act;
(k) “paymaster” means an employer or other person responsible under Section 3 of the Act for the payment of wages ;
(!) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.
Section 26 (3) (a),
(2) At the beginning of the register of fines there shall be entered serially numbered the approved purpose or purposes on which the fines realized are to be expended.
(3) A voucher or receipt in respect of any amount disbursed shall be maintained and produced as and when demanded by the Inspector.
[1834] G Scanned with OKEN Scanner .4 P 18 ll{ ] U. P. PAYMENT OF Wacrs RULES, 1936 < 1835
4. Register of deductions for dama e 5 2 : ¥ loss.— an(:i md;]xsmal esta:)hshlirllclrlns in which deduf{io:: ls::.da:nna;:eg'l {:s?:t. , the paymaster sha intai i $ i :..;S:cfion il maintain the register required by sub-section (2)
5. Register of wages.—A register of intai i every factory and industrial establishment anV:lalgne:y ?:Ee;zeinn;z?}:a;:rfi : the paymaster finds convenient [} i iti i under Rule 78 of the U, p, F[mcludlng Tet, 15501 b sl oot e followinig particilan i actories Rules, 1950)] but shall include the
(a) t::rifiéo;ss wages earned by each person employed for each wage
(b) all deductions made from those wages, with an indication in each case of the clause of sub-section (2) of Section 7 under which the deduction is made ;
(¢) t‘:leer A (;Aéages actually paid to each person employed for each wage- 5 :d lxgilfit:):ance of registers.—The registers required by Rules 3, 4, 1 preserved for twelve months after the date of the last entry made in them. ° ![6-A. Production of Registers for inspection.—All registers and and records required to be maintained under the Act and these rules shall be produced by the pay-mastsr on demand by an inspector.]
Section 26 (3)(b) and 26(4) 6-B. Display of wage-rates.—In every factory and industrial establishment a notice in Form VI in English, Hindi and Urdu shall be displayed by the paymaster in a conspicuous place at or near the entrance of each department or group of departments specifying the rates of wages payable to all classes of workers other than those holding position of supervision or management as mentioned in Rule 79 and approved under Rule 81 of the Uttar Pradesh Factories Rules, 1950.° When the rates of .vages are revised or a new class of work introduced, the necessary alterations shall be made by the paymaster in the said notice and dated.
This notice shall be preserved for a period of six mor'xths, after the date of its replacement by a new notice and shall be available to a Factory Inspector on demandfor the purposes of inspection.
] Section 26 (3)(c)
7. Weights and measures. —(1) All weights, measures or weighing machines which are used in checking or ascertaining the wages-of persons employed in any factory and industrial establls!m}ems' shall be exam‘med at least bienniaily by an Inspector who may prohibit the use of any weight, measure or weighing machine which he finds to register incorrectly.
(2) If the Inspector considers that any action should be taken under the Indian Weights and Measures of Capacity :Act (XX).{I ?f 1871)_, or the Indian Penal Code (XLV of 1860), he may seize the .artlcle in question and
1. Ins. by Noti., No. 1733 (SM)/XXXVI-A—1121 (SM)-51 dated May 30, 1963.
(} Scanned with OKEN Scanner | 1836 U. P. PAYMENT OF WAGES RULES, 1936 [R, s shall record his opinion and send it to the District Magistrate for such actioy as he may think fit.
Section 26 '(3) (d) dates of payment.—The paymaster shall dllPlay, i cons:{cu:,:d;fi‘;f at or near tll:e main entrance of the factory and m,d“ftri:l establishments, a notice, in English and in the language of the Mmajoriyy or the persons employed therein, giving for not less than one month in “d"flnce, the days on which wages are {o be paid:
Provided that an employed person who is absent on any such da; be paid his wages on any working day before the expiry of t Y sha] day after the day on which a demand is made by him for the he third working same, Sections 26 (3) (), (f) and (h)
9. Prescribed authority.—The Chief | Inspectqr of Factories shall be the authority competent to approve, under sub-section (1) of Section 8 acts and omissions in respect of which fines may be imposed and, under sy section (8), of Section 8, the purposes on which the proceeds of fines shall b, expended.
10. Application in respect of fines.—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 Chief Inspector of Factories— (@) a list in English, in duplicate, clearly defining such acts and omissions ;
(b) in cases where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate showing those appointments in his factory and industrial establishments of which the incumbents may p: ing fines and i of each such ap of the list prescribed in Rule ry as he considers necessary, pass orders either— (a) disapproving the List,
(b) approving the list either in its orj by him, in which case such list approved list :
after such inqui ginal form or as amended shall be considered to be an
Provided that no order disapproving or amending any list shall be passed unless the employer shall have been given an OPportunity of showing cause orally or in writing why the list, as submitted by him should be approved.
12. Posting of list.—The employer shall display at or near the main entrance of the factory and industria] establishments a copy in English together with a literal translation thereof, » in the language of the /majority of the persons employed therein of the list approved under Rule 11,
13. Persons authorized to impose fines.—Nj fine may be i'mpo;ed by any person other than an employer, or a person holding an appointment named in a list submitted under Rule 10, (} Scanned with OKEN Scanner reid) U. P. PAYMENT OF WAGEs RULES, 1936 1837
14. Procedure in imposing fines and deductions.—Any person desiring to impose a fine on an employed person or to make a deduction 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 fines or deduction, which it is proposed to impose, and shall take his explanation, either orally in the presence of at least one other person or in writing, as the employed person may prefer.
15. Information to paymaster.—The person imposing a fine or directing the making of a deduction for damage or loss shall, without unnecessary delay, inform the paymaster of all particulars, so that the register prescribed in Rule 3 and Rule 4 may be duly completed.
Section 26 (3)(g)
16. Deductions for breach of contract.—(1) No deduction for breach of contract shall be made fr g om the wages of an employed person who is under the age of 15 years or is a woman.
(2) No duduction for breach of contract shall be made from the wages of any employed person unless—
(a) there is a provision in writing forming part of the term of the contract of employment requiring him to give notice of the termi- i nation of his employment ; and
(i) the period of this notice does not exceed fifteen days or the wage-period whichever is less, and (i7) the period of this notice does not exceed 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 factory and industrial establishments and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction made ;
is (¢) a notice has been displayed at or near the main entrance of the factory and industrial establishments giving the names of the persons from whom the deduction is proposed to be made, the number of days’ wages to be duducted 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 factory and industrial establishment, it shall be sufficient, in lieu of giving the name of the persons in such departments or sections to specify the department or section affected.
(3) No deduction for 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 sp=cified in the notice displayed under clause (¢) of sub-rule (2), no deduction for breach of contract shall be made from any person who has complied with these conditions, (® Scanned with OKEN Scanner 1838 U. P. PAYMENT OF WAOES RULES, 1936 [R. 2 Section 26(3)( J)
17. Advances.—(1) An advance of wages not already dearned sha]) not, without the previous permission of an mspector,d excee: !:n amoun equivalent to the wages earned by the employed person : ur(ljn% . }t‘e Preced.
ing two calendar months, or if he has not been emp! 0){: or that perjoq twice the wages he is likely to earn, during the two subsequent calendar months,
(2) The advances may be recovered in instalmemf by deductions frop, wages spread over not more than twelve months. No instalment shall exceeq one-third, or where the wages for any wage-period are not more than twent: rupees, one-fourth of the wages for the wage-period in respect of which the deduction is made.
(3) The amounts of all advances sanctioned and the repayments thereof shall be entered in a register in Form III, ' Note.—Advances to permanent salaried industrial establishment of the Government Printing and Stationery Department, Uttar Pradesh, will continue to be governed by the rules contained in the Financial Hand Book, Volume V, Part I (Account Rules), Section 26(3) (a) of the calendar year to which it relates.
Section 26(3) ( j) ! _ 19, Costs.—(1) Where the authority or the court, as the case may be, directs that any cost shall follow the event, he shall state his reasons for so
(2) The costs which may be awarded shall include—
(a) the charges necessaril incurred on account of court-fees ;
B y
(6) the charges necessarily incurred on subsistence money to wit- nesses ; and (¢) pleader’s fees which shall ordinarily be Rs. 10 provided that the authority or the court, as the case may be, in any proceedings, may reduce the fee to a sum not less than Rs. 5 or increase it to a sum not exceeding Rs. 30,
(3) When a party engages more pleaders than one to defend a case, he shall be allowed one set of costs only.
20. The authority or the court, as the case may be, may fix fees on the payment of which any person entitled to do so may obtain copies of any documents filed with the authority or the court, as the case may be:
Provided that the authority or the court, as the case may be, may, in consideration of the poverty of the applicant, grant copies free of cost.
Section 26(3) (k)
21. Fees.—The fec payable in respect of proceeding under the Act shall be :—
(i) For every application to sum- Fou!' annas in respect of each mon a witness. : witness, (® Scanned with OKEN Scanner R. 22) (@) ) (i0) U. P. PAYMENT OF WAGRS RuLEs, 1936 For every other application made by or on bahalf of an individual person before the authority.
For every other application made by or on behalf of an unpaid group before the authority, (@) For every appeal lodged with the COUI“’t‘.) o
(b) For every other miscellaneous application filed before the court.
1839 Eight annas.
Four annas for each member of the group, subject to a maximum of five rupees.
Two rupees and eight annas for the hundred rupees or portion thereof, and eight annas for every additional hundred rupees or portion thereof, subject to a maximum of ten rupees.
Eight annas.
Provided that the authority or the court may, in consideration of the poverty of the applicant, reduce or remit this fee :
Provided further that no fee shall be chargeable in respect of an application presented by an inspector, Section 26(3) ()
22. Abstract.—The abstract of the Act and of the rules made thereunder to be displayed under Section 25 shall be in Form V.
Section 26(4)
23. Penalties. —Any breach of Rules 3, 4, 5, 6, 6-A, 6-B, 8, 12, 15 and 18 of these rules shall punishable with fine which may extend to two hundred Tupees.
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1. (a) Name of factory or establishment and postal address.... .., (8) Industry............
2. Number of days worked during the year............
3. (a) Number of man days worked during the year :
Persons receiving less than Rs, 200 Persons receiving Rs. 200 per per month month and more but less than Rs. 400 per month Adulty. oo S5 Children........
(8) Average daily number of persons employed during the year :
Persons receiving less than Rs. 200 Persons receiving Rs. 200 per Per month month and more but less than Rs. 400 per month (¢) Gross amount paid as remuneration to the employed persons getting less than Rs. 200 per month including deductions under Section 7(2) ............. --of which the amount due to profit sharing .............. and that due to money value of concessions
(d) Gross amount paid as remuneration to the employed persons getting Rs. 200 per month and more but less than Rs. 400 per month including deductions under Section @Yo st v wwsgmmri i of which the amount due to profit sharing bonus is. ... . . /T and that due to money value of concession is. . ... ... ...
4. Total wages paid including deductions under Section 7(2) on tte following accounts :
Persons receiving less than Rs, 200 Persons receiving Rs. 200 per per month month and more but less than Rs. 400 per month
(a) Basic wages including non-profit sharing bonus
(6) Dearness and other allowances in cash (¢c) Overtime wages
(d) Arrears of pay in respect of previous years paid during the year (} Scanned with OKEN Scanner — U. P. PAYMENT OF wagrs RULEs, 1936 1843
5. Number of cases and amount realised as:
am— . .
e ons receiving less than Rs. 200 ) ivi pe;ser s rece! 2 Persons receiving Rs. 200 per month and more but less than < Rs. 400 per month No. of cases Amount "Ne. No. of cases Amount
(a) Fines L
(6) Deduction for damage .
or loss () Deduction for breach of contract - 6. Disbursement from Fine Funds:
Purpose @ B (® (© i (@) Amount
7. Balance of fines in hand at the end of the year.
Signature. . .
Designation Dated. .
N. B.—(i) The average daily number of persons is obtained by dividing the aggregate number of attendances during the year by the number of working days.
(i) The wages of the persons receiving Rs. 400 a month or more shall not be included in the return, vide Section 1(6) of the Payment of Wages Act, 1936. -
(iif) Basic wages include personal wages.
(iv) Money value of concessions should be ob(aineq 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.
(v) Details of the employces receiving wages less than Rs. 200 per month and those receiving Rs. 200 and more but less than Rs. 400 per month should be given separately in different columns provided for the purpose.
(i) Total mandays worked shall be worked out by multiplying the average daily number of workers employed with the number of days worked during the year.
FORM V Abstract of the Payment of Wages Act, 1936, and the Rules made thereunder Whom the Act Affects L. The Act applies to the payment of wages to_persons in the factory and industrial establishments receiving less than Rs. 200 a month.
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l 3a s . tract or agreement, hijs n give up by con:
2. No employed person cal y under the Act.
Definition of Wages
3. ““Wages’ means all remuneration payable to an employed person o the fulfilment of his contract of employment.
It includes bonus and any sum payable for want of a proper notice of discharge.
It excludes— . )
(a) the value of house accommodation, supply of light, Vlvaée;, ngédlczl attendance or other amenity or of any service exclude Y the Central Government or the State Government 3
(8) the employer’s contribution to a pension or provident fund ;
() travelling allowance or concession or other special expenses entailed by the employment ;
(d) any gratuity payable on discharge.
Responsibility for and Method of Payment - The manager of the factory and industrial establishments is responsible for the Payment under the Act of wages to persons employed under him, tor and any contrac employing persons is responsible for payment to the persons he employs,
5. Wage-period shall b : e fixed for the Ppayment of wages at intervals not exceeding one month, 5 6. Wages shall be paid on a working day within seven days of the end of the wage-period (or within ten days if 1,000 or more persons are employed).
7. Payments in kind are prohibited.
Finss and Deductions 8. No deductions shall be made fro, i under the Act (See Paragraphs 9 ¢ 15 bel::v)‘.”ages “Reptitiiose Nachosie 9. (1) Fines can be imposed only for such acts iti S p and employer may, with the previous aPProval of the Chjer Ins;:;g;t?lp;a:forzit:
specify by a notice displayed at or near the main entrance of the factory and after giving the employed person an OPportunity for explanation: (2) Fines— : . Pplied to sycp benes ficial to the loyed < i Purposes ene I'::F”e“ur :‘feflglz}ie:‘s ;per!qng A= approved by the Chief 1 g S R I G Scanned with OKEN Scanner Fors) U: P. PAYMENT OF WAGES RuLEs, 1936 1845
(d) shall not be imposed on a child.
10. (a) De{?‘}‘f‘lons lfor absence from duty can be made only on account of the absence of the employed person at times when he should be working, and such deductions must not exceed an amount which is in the same propor- 5 i for the wage-period i i i tion to his wages ge-period, as the time he was absent in that period is to the total time he should have been at work. P
(5) If ten or more employec'l persons, acting in concert, absent themselves without reasonable cause and wnt}xou.t due notice, the deduction for absence can include wages for eight days in lieu of notice, but—
(1) no deduction for breakin, g a contract can be made from a person under 15 or a woman ;
(2) there must be a provision in writing which forms part of the contract of employment, requiring that a specific period of notice of Intention to cease work not exceeding 15 days or the period of notice which the employer has to give to discharge a worker, must be given to the employer and that wages may be deducted in lieu of such notice ;
(3) the above provision must be displayed at or near the main entrance of the factery and industrial establishments ;
(4) no deduction of this nature can be made until a notice that this deduction is to be made has been posted at or near the main entrance of the factory and industrial establishments ;
(5) no deduction must exceed the wages of the employed person for the period by which the notice he gives of leaving employment, is less than the notice he should give under his contract.
11. Deductions can be made for damage to or loss of goods expressly entrusted to an employed person or for loss of money for which he is required to account, where such damage or loss is due to his neglect or default.
Such deduction cannot exceed the amount of the damage or loss caused and can be made only after giving the employed person an opportunity for explanation.
12. Deductions can be made, equivalent to the value thereof for house accommodation, amenities, or services (other than tools and raw materials) supplied by the employer, provided these are accepted b)f the employed person as a part of the terms of his employment and have in the case of amenities and services been authorized by order of Government.
13. (a) Deductions can be made for the recovery of advances or for adjustment of over-payment of wages.
(b) Advances made before the employment began can only be recovered from the first payment of wages for a complete wage period but no recovery can be made of advances given for traveiling expenses before employment began ; ) (¢) Advances of unearned wages can be made at the paymasier’s discretion during employment but must not exceed the amount of two months” wages without the permission of an Inspector.
These advances can be recovered by instalments, spread over not more than 12 months and the instalments must nat exceed one-third or |f.tk:‘e wages are not more than Rs. 20, one-fourth of the wages for any wage-period.
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14. Deduction can be made for subscription to and for Paymen of, b e i i d. advances from any recognized provident fun ) nt to co-operative Societjq i can be made for payment : :
r(is;zd ll>)yc ?ll:ec‘;::e Government or to the postal insurance, subject to any a cn':rl:dilions imposed by the State Government.
Inspections
16. An inspector can enter on any premises, and can exercise powers of inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.
Complaints of deductions or delays
17. (1) Where irregular deductions are made from wages, or ‘dela.ys in Payment take place, an employed person can make an application in the prescribed form within six months to the authority appointed by the loca] may be rejected unless sufficient cause for the delay is shown.
(2) Any legal Practitioner, official of a registered trade union, inspector under the Act, or other person acting with the permission of the authority can make the complaint on behalf of an employed person.
(3) A single application may be presented by, or on behalf of, any number of persons belonging to the same factory and industrial establishments the payment of whose wages has been delayed, Action by the Authority ' 18. The authority may award compensation to the employed person in 'm addition to ordering the Payment of delayed Wages or the refund of illegal deductions.
If a malicious or vexatious complaint js made, the author;; i :
_ g Tity may impose a penalty not exceeding Rs. 50 on the applicant ang order lhat,;t bey paic'lo to the employer,
(6) by an emploved person, if the tota] :
from him or his co-worke;s exceeds Rs, ;(r)n;oun( of wages withheld (<) by a person directed to pay a pej application, Punishment Sfor Breaches of the At 20. Any one delaying the Payment of wage, making ' any unauthorized dedu.ction from ‘gasg:e }il;)ngalt)?: tdue g o Rs. 500, but only if prosecuted with the sanction of the autho a fine up to‘ appellate Court, ority or the (} Scanned with OKEN Scanner ¥ ’ 1958 1847 FOKM’) U.Ps PAYMFNT OF WAGES PROCEDURE RUI.[S, The paymaster who—
(1) does not fix a wage-period, or
(2) makes payment in kind, or
(3) fails to display at or near the main entrance of the factory and industrial establishment this abstract in English and in the language of the majority of employed persons, or
(4) breaks certain rules made under the Act,
21.
is liable to a fine not exceeding Rs. 200.
A complaint to this effect can be made only by the inspector, or with his sanction.
FORM VI Name of Factory Name of Department..........
Date from which wage-rates will be or are in force Rate of wages All(i?v ::; 5 Class or description of work Rs. P, Per unit Name of paymaster in English Signature (} Scanned with OKEN Scanner