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Section 12: Deduction from wages

Uttar Pradesh Shop and Commercial Establishment Rules-1963 (including the ninth amendment of the year 2022)State Rules of Uttar Pradesh · 1962

(1) t on account of — from the wages of an employee excep

(a) fines;

(b) absence from duty;

(c) damages to or loss of goods expressly entrusted to the employee for custody, or loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect of default;

(d) house accommodation supplied by the employer where the rent was being charged by the employer from the employee on the date the Act came into force.

(e) such amenities and services as the State Government may, by general or special order, specify.

Explanation.—The word “services” in this sub-rule does not include the supply of tools and raw materials required for the purposes of employment,

(f) recovery of advance or of overpayment of wages;

(g) income tax payable by the employee;

(h) amounts required to be recovered by order of a Court or other authority competent to make such order,

(i) subscription to, or repayment of advance from, any provident fund to which the Provident Funds Act, 1925 (Act No.19 of 1925), applies or any other provident fund recognised under Rule 3 of Part A of the Fourth Schedule to the Income Tax Act, 1961 (Act No. 43 of 1961), or approved in this behalf by the State Government during ‘the continuance of such recognition or approval;

(j) payments to co-operative societies approved by the State Government,

(k) revenue stamps required to be attached to pay receipts;

(1) Supply z cooked ined or refreshment during the hours of employment Irdance W ‘ inersector: ith any scheme previously approved by the Chief

(m) payment of any insurance i | premium on the employee's life i ayn insu: ife polis y or : contribution to the National Defence Fund oran : Defences Saving Scherne approved by the State Government Savi that pnor written authorization in thi :

is be employee; ehalf is obtained from the

(n) payment of security deposits agree j iti y deposits agreed to in writing by an employee and i accordance vith any sch a V : - Sneme approve j 5 i c ruief Inspector; d ee lous ly in writing by the (ry ioe :

) einployees contributio ) 7 nN tO @ supera Part % of the P c perannuation fund appre , _ ve filar wt spas oe to the Income Tax Act Nee at von iMfiid ofr ae 3 oe ‘ Or Oi agreed to in writing by employer nicl pr i ate ‘ UVIOLIETY approved jn writing by the Chief Inspec usp 28 THE UP DOOKAN AUR VANIJYA ADHISHTHAN NIYAMAVALI, 1963 [R.12

Explanation, —(i) Every payment made by an employee to the employer or his agent shall, for the Purposes of these rules, be deemed to be a deduction from wages.

(ii) Every deduction made by an employer or his agent from any deposit taken from an employee as security for the purposes of employment shall be deemed to be a deduction from wages.

(2) No fine shall be imposed on an employee—

(a) except for an act or Omission specified by the employer with the approval of the Chief Inspector or the Deputy Chief Inspector; or

(b) without giving the employee concerned a reasonable opportunity of showing cause against the proposed fine Provided that the employer may, if he is s recorded by him in Writing it is reason Opportunity to show cause, dispe atisfied that for some reason to be ably practicable to give the employer an nse with such Opportunity (3)(a) Deductions may be made under Clause (b) of sub-rule (1) only on.

account of the absence of an employee from the place or places where, by the terms of his employment he is required to work, such absence being for the Whole or any part of the Period during which he is so required to work. (b) The amount of such deductions for absence from duty shall, in NO Case, bear to the Wages payable to the employee in respect of the wage Period for Which the deduction is made, a larger Proportion than the Period for which has been absent bears to the total period, within such wage period during which by the terms of his employment, he was required to work: Provided that, Subject to any orders m Government, if ten or more employ ber of employees is 20 or less, one-half of the total number acting j without the due notice (that is to say without under the terms of their contract of employment); and withou such deduction from any employee may include such amou wages for eight days as may by the notice,

(5) A deduction under Clause (d) made from the Wages of Or service has been accepted b and such deduction Shall not exceed an amount equivalent to the value of the house accommodation, amenity or service suppli deduction under Clause (e) shall be subject to such Onditions as the State Government may impose in the order Specifying the amenities or services.

or Clause (e) of sub-rule (1) shall not be Ouse accommodation, amenity 29 THE UP DOOKAN AUR VANIJYA ADHISHTHAN NIYAMAVALI, 1963 [R. 13-15

(6) Deductions under Clause (f) of sub-rule (1) shall be subject to the following conditions—

(i) recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage period, but no recovery shall be made of such advance for travelling expenses.

(ii) recovery of advances of wages not already earned shall be subject to any order made by the State Government regulating the extent to which such advances may be given and the instalments by which they may be recorded;

(iii) no instalments for recovery of advance shall exceed one-third or where the wages for any wage period do not exceed Rs. 20, one-fourth of the wages for the period in respect of which the deduction is made:

and

(iv) the amount and date of every advance and its repayment with the date thereof shall be entered in Form "G" prescribed under Rule 18,

(7) Deductions under Clause (j) of sub-rule (1) shall be subject to such conditions as the State Government may, by order, impose.

(8) All such deductions and realizations shall be recorded in a register in Form "D".

[SECTION 17 (1)]

Where this provision sits

ActUttar Pradesh Shop and Commercial Establishment Rules-1963 (including the ninth amendment of the year 2022)
Section12
Marginal noteDeduction from wages
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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