PAYMENT OF WAGES ACT, 1936—RULES FOR IMPOSITION OF PENALTIES Notification No. 2175(SM) | XXXVI-A—1049(SM)-38, dated 4th September, 19627 In pursuance of Explanation II to sub-section (1) of Section 7 of the Payment of Wages Act, 1936 (Act No. IV of 1936), and in supersession of *Maha. Govt. Gaz., 13-9-62, Pt. I-L, 1U. P. Gaz.,- 15-9-62, Pt. I-A, p. 3877. p. 2471.
(3 scanned with OKEN Scanner - 4 1858 State Government Notification No. 592(SM)/ March 19, 1959, the Governor of Uttar .TIES RULES FOR IMPOSITION OF PENAL K KVI-A—1049(SM)-58, dateq Pradesh is pleased to specify the fo].
rules framed lowing requirements with which any » a Railways, Mine or_Oil . g . ther thar 3 % . Sy ey o o 25,5 e poron o s ol s ing penalties shall conform, namely :
1. Al such rules shall provide that— a e penalty ol t we! or time- e or to the 1 i r post or time-scal 0 a P y f reduction to a lo T @ lower’stage in a time-scale shall be 1mposcd only after an enquiry, held as far as may be, in the manner hereinafter provided— . . ‘shall be framed a"fi served, in writing on @ ?fi?;;fsofl‘z;fiirm who will be required to submit, within such time, not less than three days from the date service as i i t nd also 1o state whemay be specified, a written statement ai d ther he desires to be heard in person;
(§) for the purpose of prepar:'uion of his @eferllfge, fl?e persEn concerned shall be permitted either himself or in case he cannot reach records, with 1h.e assistance of an m"ficer' of the Registered Trade Union of which he is a member to inspect and to take extracts from such recoads as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, such records are not relevant for the purpose ;
(#) the charges as are not admitted shall be enquired into;
(iv) the person concerned may present his case with the assistance of any other person approved by the enquiring authority ;
(v) such documentary evidence, as may be necessary shall be considered, dral evidence as may be relevant or material shall be taken and cross-examination shall be permitted ;
(vi) thereport of the enquiry and the findings on each of the charges with reasons therefor shall be prepared ;
(vii) the report of the enquiry shall be considered and findings on each charge shall be recorded ;
(viii) the person concerned shall be supplied with the report and the findings ;
(i) the person concerned shall be given a notice stating the action proposed to be taken and calling upon him to submit, within a specified time, such representation as he may wish to make against the proposed action ; and (%) appropriate orders shall be passed and communicated to the person concerned in writing.
(6) the penalty of withholding of increment or promotion but excluding the penalty of stoppage of increment at an efficiency bar shall be imposed only after the person concerned has been informed in writing of the proposed action together with the (& scanned with OKEN Scanner U.P. PAYMENT OF WAGES RULES, 1936 1459 R. 2 allegations and given an opportunity to make any rapresentation that he may wish to make, (¢) the person concerned is given a right of appeal against any i i i es (1) and imposing any of the penalties mentioned in clauses ‘();;l earb::vr xmdg the appeal is heard and disposed of byl an authority higher than the authority which imposed the penalty.
ered les shall also specify the person or persans empow .
2. Al ’:‘;‘};h;upennlliea mentioned in clauses (.') and (2) of p.n;aj\':fllp':k .
© imfio’ep::zn or persons empowered to hear and dispose of an appe :ln:,;e e(s‘; of that paragraph.
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