(1)
This
Act may be called the Payment of Wages Act, 1936. [1] [(2)It extends to
the whole of India [2]
[***]]. (3) ??It shall come into force on such date[3] as
the Central Government may by notification in the Official Gazette, appoint. (4)?? ?It
applies in the first instance to the payment of wages to persons employed in
any [4]
[factory, to persons] employed (otherwise than in a factory) upon any railway
by a railway administration or, either directly or through a sub-contractor, by
a person fulfilling a contract with a railway administration, [5]
[and to persons employed in an industrial or other establishment specified in
sub-clauses (a) to (g) of clause (ii) of Section2]. (5) ? [6]
[The appropriate government] may, after giving three months' notice of its
intention of so doing, by notification in the Official Gazette, extend the
provisions of [7]
[this Act] or any of them to the payment of wages to any class of persons
employed in [8]
[any establishment or class of establishments specified by [9]
[appropriate government] under sub-clause (h) of clause (ii) of Section 2]: [10] [Provided that in
relation to any such establishment owned by the Central Government no such
notification shall be issued except with the concurrence of that Government.] [11] [(6) This Act
applies to wages payable to an employed person in respect of a wage period if
such wages for that wage period do not exceed six thousand five hundred rupees
per month or such other higher sum which, on the basis of figures of the
Consumer Expenditure Survey published by the National Sample Survey
Organisation, the Central Government may, after every five years, by
notification[12] in
the Official Gazette, specify.] STATE
AMENDMENTS MAHARASHTRA [13] [In its application
to the State of Maharashtra, in Section 1, Sub Section 6, for the words
"one thousand six hundred rupees" substitute "six thousand five
hundred".] In this Act, unless there is anything
repugnant in the subject or context,--- [14] [(i) "appropriate Government" means, in relation to railways,
air transport services, mines and oilfields, the Central Government and, in
relation to all other cases, the State Government;'; [15] [(ia) "employed person" includes the legal
representative of a deceased person; (ib) "employer" includes the legal representative of a
deceased employer; (ic) "factory" means a factory as defined in clause (m)
of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the
provisions of that Act have
been applied under sub-section (1) of section 85 thereof;] (ii) [16] ["industrial
or other establishment" means] any-- [17] [(a) tramway service, or motor transport service engaged in
carrying passenger or goods or both by road for hire or reward; (aa) air transport service other than such service belonging to, or
exclusively employed in the military, naval or air forces of the Union or the
Civil Aviation Department of the Government of India;] (b) dock, wharf or jetty; [18] [(c) inland vessel, mechanically propelled;] (d) ? mine, quarry or
oil-field; (e)?? plantation; (f)??? workshop or other establishment in which
articles are produced, adapted or manufactured, with a view to their use,
transport or sale; [19] [(g) establishment in which any work relating to the construction,
development or maintenance of buildings, roads, bridges or canals, or relating
to operation connected with navigation, irrigation, development or maintenance
of buildings, roads, bridges or mission and distribution of electricity
or any other form of power is being carried on;] [20] [(h) any other establishment or class of establishment which[the
appropriate Government] may, having regard to the nature thereof, the need for
protection of persons employed therein and other relevant circumstances,
specify, by notification in the Official Gazette;] [21] [(iia) "mine" has the meaning assigned to it in clause (j) of
sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);] [22] [(iii) "plantation" has the meaning assigned to it
in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);] (iv) "prescribed" means prescribed by rules made under
this Act; [23] '(v) "railway administration" has the meaning assigned
to it in clause (32) of section 2 of the Railways Act, 1989(24 of 1989);. [24] [(vi) "wages"
means all remuneration (whether by way of salary, allowances, or otherwise)
expressed in terms of money or capable of being so expressed which would, if
the terms of employment, express or implied, were ful?filled, be payable to a
person employed in respect of his employment or of work done in such
employment, and includes- (a) any remuneration payable under any award or
settlement between the parties or order of a Court; (b) any remuneration to which the person employed is
entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the
terms of employment (whether called a bonus or by any other name); (d) any sum which by reason of the termination of
employment of the person employed is payable under any law, contract or
instrument which provides for the payment of
such sum, whether with or without deductions, but does not provide for the time
within which the payment is
to be made; (e) any sum to which the person employed is
entitled under any scheme framed under any law for the time being in force, but
does not include- (1) any bonus (whether under a scheme of profit
sharing or otherwise) which does not form part of the remuneration payable
under the terms of employment or which is not payable under any award or
settlement between the parties or order of a Court; (2) the value of any house-accommodation, or of
the supply of light, water, medical attendance or other amenity or of any
service excluded from the computation of wages by a general or special order of the State Government; (3) any contribution paid by the employer to any
pension or provident fund, and the interest which may have accrued thereon; (4) any travelling allowance or the value of any
travelling concession; (5) any sum paid to the employed person to defray
special expenses entailed on him by the nature of his employment; or (6) any gratuity payable on the termination of
employment in cases other than those specified in sub-clause (d).] STATE
AMENDMENTS [25] [Same as that Maharashtra.] [26] [Maharashtra.? In
section 2-- (a) after clause (ii), insert the following
clause, namely:-- "(iia)
'legal representative' means the person who in law represents the estate of a
deceased employed person". (b) for clause (iii), substitute the following
clause, namely:-- "(iii)
'Plantation' means-- (a) any estate which is maintained for the
purpose of growing cinchona, rubber, coffee or tea, or (b) any farm which is maintained for the purpose
of growing sugarcane and attached to a factory established or maintained for
the manufacture of sugar: Provided that
on such estate or farm twenty-five or more persons are engaged for the
purpose:". [27] [ All wages shall
be paid in current coin or currency notes or by cheque or by crediting
the wages in the bank
account of the employee: Provided that
the appropriate Government may, by notification in the Official Gazette,
specify the industrial or other establishment, the employer of which shall pay
to every person employed in such industrial or other establishment, the wages only by cheque or by
crediting the wages in
his bank account.] [STATE AMENDMENTS [28] [same as that of Maharashtra.] [29] [Maharashtra For section 6,
the following shall be substituted-- "6. Wages to be paid in current coins
or currency notes.--All wages shall
be paid in current coins or currency notes, or in both: Provided that,
where the amount of any bonus payable to an employed person exceeds an amount
equal to one-forth of his earnings (exclusive of dearness allowance) for the
year to which the bonus relates, such excess shall be paid or invested in the
manner prescribed." Explanation.--For
the purpose of this section, the expression-- (1) 'wages'
shall include any bonus of the description given in sub-clause (1) of clause (iv)
of section 2, and (2) 'bonus' means any bonus payable to an employed
person under the terms of employment or under an award or settlement or order
of a Court and also includes any bonus of the description given in sub-clause
(1) of clause (vi) of section 2."] (1) Notwithstanding the provisions of [30] [the
Railways Act, 1989] ,
the wages of an
employed person shall be paid to him without deductions of any kind except
those authorised by or under this Act. [31] [Explanation I].-Every payment made by the employed person to the employer or his
agent shall, for the purposes of this Act, be deemed to be a deduction from wages. [32] [Explanation II.-Any loss of wages resulting from the imposition, for good and sufficient
cause, upon a person employed of any of the following penalties, namely:-- (i) the withholding of increment or promotion
(including the stoppage of increment at an efficiency bar): (ii) the reduction to a lower post or time scale
or to a lower stage in a time scale: or (iii) suspension, shall not be deemed to be a deduction
from wages in any case
where the rules framed by the employer for the imposition of any such penalty
are in conformity with the requirements, if any, which may be specified in this
behalf by the [state Government] by notification in the Official Gazette.] (2) Deductions from the wages of an employed person shall be made only in accordance
with the provisions of this Act,
and may be of the following kinds only, namely:--- (a)?? fines; (b)?? deductions for absence from duty; (c)?? deductions for damage to or loss of goods
expressly entrusted to the employed person for custody, or for loss of money
for which he is required to account, where such damage or loss is directly
attributable to his neglect or default; [33] [(d) deductions for house-accommodation supplied by the employer
or by Government or any housing board set up under any law for the time being
in force (whether the Government or the board is the employer or not) or any
other authority engaged in the business of subsidising house-accommodation
which may be specified in this behalf by the[state Government] by notification
in the Official Gazette;] [(e)? deductions for such amenities and services
supplied by the employer as the [34] [***][state Government] [35] [or
any officer specified by it in this behalf] may, by general or special order,
authorise;] Explanation-The
word "services" in [36] [this
clause] does not include the supply of tools and raw materials required for the
purposes of employment;] [37] [(f) deductions for recovery of advances of whatever nature (including
advances for travelling allowance or conveyance allowance), and the interest
due in respect thereof, or for adjustment of over-payments of wages; (ff)?? deductions for recovery of loan made from
any fund constituted for the welfare of labour [in accordance with the rules
approved by the[State Government]], and the interest due in respect thereof; (fff) ?deductions for recovery of
loans granted for house-building or other purposes [approved by the [state
Government] and the interest due in respect thereof;]] (g)?? deductions of income-tax payable by the
employed person; (h)?? deductions required to be made by order of a
Court or other authority competent to make such order; (i)??? deductions for subscriptions to, and for
repayment of advances from any provident fund to which the Provident
Funds Act, 1925 (19 of
1925), applies or any recognized provident fund as defined [38] [in section (38) of section 2 of the Income-tax Act, 1961], or any provident fund
approved in this behalf by the State Government, during the continuance of such
approval;] [39] [***] [40] [(ii) deductions made with the written authorisation of- (i)??? the employed person; or (ii)??? the president or secretary of the
registered trade union of which the employed person is a member on such
conditions as may be prescribed, for contribution to the National Defence Fund
or to any Defence Savings Scheme approved by the State Government;] (j)??? deductions for payments to co-operative
societies [approved by the [state Government] [41] [or any officer specified by it in this behalf]] or to a scheme of
insurance maintained by the Indian Post Office; [42] [and] [43] [[44] [(k)
deductions, made with the written authorisation of the person employed
for payment of any
premium on his life insurance policy to the Life Insurance Corporation of India
established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the
Government of India or of any [state Government] or for being deposited in any
Post Office Savings Bank in furtherance of any savings scheme of any such
Government.]] [45] [(kk) deductions made, with the written authorisation of the
employed person, for the payment of
his contribution to any fund constituted by the employer or a trade union
registered under the Trade Union Act,
1926 (16 of 1926), for the welfare of the employed persons or the members of
their families, or both, [and approved by the [state Government] or any officer
specified by it in this behalf, during the continuance of such approval;] (kkk) deductions made, with the written authorisation of the employed
person, for payment of
the fees payable by him for the membership of any trade union registered under
the Trade Unions Act, 1926
(16 of 1926);] [46] [(l) deductions, for payment of
insurance premia on Fidelity Guarantee Bonds; (m)? deductions for recovery of losses sustained
by a railway administration on account of acceptance by the employed person of
counterfeit or base coins or mutilated or forged currency notes; (n)?? deductions for recovery of losses sustained
by a railway administration on account of the failure of the employed person to
invoice, to bill, to collect or to account for the appropriate charges due to
that administration; whether in respect of fares, freight, demurrage, wharf age
and carnage or in respect of sale of food in catering establishments or in
respect of sale of commodities in grain shops or otherwise; (o)?? deductions for recovery of losses sustained
by a railway administration on account of any rebates or refunds incorrectly
granted by the employed person where such loss is directly attributable to his
neglect or default;] [47] [(p) deductions, made with the written authorisation of the
employed person, for contribution to the Prime Minister's National Relief Fund
or to such other Fund as the Central Government may, by notification in the
Official Gazette, specify;] [48] [(q) deductions for contributions to any insurance scheme framed by the
Central Government for the benefit of its employees.] [49] [(3) Notwithstanding anything contained in this Act, the total amount of deduc?tions
which may be made under sub-section (2) in any wage-period from the wages of any employed person
shall not exceed- (i) in cases where such deductions are wholly or
partly made for payments to co-operative societies under clause (j) of
sub-section (2), seventy-five percent of such wages, and (ii) in any other case, fifty, percent, of such wages: Provided that
where the total deductions authorised under sub-section (2) exceed seventy-five
percent, or, as the case may be, fifty percent, of the wages, the excess may be recovered in
such manner as may be prescribed. (4)?? Nothing contained in this section shall be
construed as precluding the employer from recovering from the wages of the employed person or
otherwise any amount payable by such person under any law for the time being in
force other than [50] [ the Railways Act,
1989.] [STATE AMENDMENTS [51] [Maharashtra.-- In section 7,
in sub-section (2), in clause (d), after the word "employer", add the
following words, namely:-- "or the
State Government, or the Bombay Housing Board constituted under the Bombay
Housing Board Act, 1948
(Bom LXIX of 1948), or such other agency as the State Government may, by
notification in the Official Gazette, direct." [Vide Maharashtra Act 37 of 1956, sec. 2 (w.e.f.
19-7-1956)]. In section 7, in
sub-section (2)-- (a) in clause (j), at the end, omit the word "and"; (b) after clause (k), add the following clause namely:-- "(1)
deduction made, with the consent of the person employed, for contribution
towards any public charitable purpose which the State Government may by
notification in the Official Gazette specify in that behalf.] [52] [ In section 7, in sub-section (2), in clause (k), omit the words
"for being deposited in any post office, Savings Bank.] (1) No fine shall be imposed on any employed person
save in respect of such acts and omissions on his part as the employer, with
the previous approval of the [state Government] or of the prescribed authority,
may have specified by notice under sub-section (2). (2) A notice specifying such acts and omissions shall
be exhibited in the prescribed manner on the premises in which the employment
is carried on or in the case of person employed upon a railway (otherwise than
in a factory), at the prescribed place or places. (3) No fine shall be imposed on any employed person
until he has been given an opportunity of showing cause against the fine, or
otherwise, than in accordance with such procedure as may be prescribed for the
imposition of fines. (4) The total amount of fine which may be imposed in
any one wage period on any employed person shall not exceed an amount equal to [53]
[three per cent.] of the wages payable
to him in respect of that wage-period. (5) No fine shall be imposed on any employed person who
is under the age of fifteen years. (6) No fine imposed on any employed person shall be
recovered from him by installments or after the expiry of [54] [ninety days] from the day on which it was imposed. (7) Every fine shall be deemed to have been
imposed on the day of the act or
omission in respect of which it was imposed. (8) All fines and all realisations thereof shall
be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such
form as may be prescribed; and all such realisations shall be applied only to
such purposes beneficial to the persons employed in the factory or
establishment as are approved by the prescribed authority. Explanation.-When
the persons employed upon or in any railway, factory or [55] [industrial or other establishment] are part only of a staff
employed under the same management, all such realisations may be credited to a
common fund maintained for the staff as a whole, provided that the fund shall
be applied only to such purposes as are approved by the prescribed authority. STATE
AMENDMENTS [56] [Maharashtra.? In its
application to the Bombay Area of the State of Maharashtra, in section 8, in
sub-section (8), before the Explanation, add the following words, namely:-- "but in
the case of any factory or establishment to which the Bombay Labour Welfare
Fund Act, 1953, applies,
all such realizations shall be paid into the fund constituted under the
said Act.] [57] [(1) The appropriate Government may, by notification in the
Official Gazette, appoint-- (a) any Commissioner for Workmen's Compensation;
or (b) any officer of the Central Government exercising
functions as,-- (i) Regional Labour Commissioner; or (ii) Assistant Labour Commissioner with at least two
years' experience; or (c) any officer of the State Government not below
the rank of Assistant Labour Commissioner with at least two years' experience;
or (d) a presiding officer of any Labour Court or
Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 or under any corresponding
law relating to the investigation and settlement of industrial disputes in
force in the State; or (e) any other officer with experience as a Judge
of a Civil Court or a Judicial Magistrate, as the authority to hear and decide
for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in
that area, including all matters incidental to such claims: Provided that
where the appropriate Government considers it necessary so to do, it may
appoint more than one authority for any specified area and may, by general or
special order, provide for the distribution or allocation of work to be
performed by them under this Act."; (2)?? Where contrary to the
provisions of this Act any
deduction has been made from the wages of
an employed person, or any payment of wages has been delayed, such
person himself, or any legal practitioner or any official of a registered trade
union authorised in writing to act on
his behalf, or any Inspector under this Act, or any other person acting with the permission of the
authority appointed under sub-section (1), may apply to such authority for a
direction under sub-section (3): Provided that
every such application shall be presented within [58] [twelve
months] from the date on which the deduction from the wages was made or from the date
on which the payment of
the wages was due to
be made, as the case may be: Provided
further that any application may be admitted after the said period of [59] [twelve months] when the applicant satisfies the authority that he
had sufficient cause for not making the application within such period. [60] [(3) When any application under sub-section (2) is entertained,
the authority shall hear the applicant and the employer or other person
responsible for the payment of wages under section 3, or give
them an opportunity of being heard, and, after such further enquiry, if any, as
may be necessary, may, without prejudice to any other penalty to which such
employer or other person is liable under this Act, direct the refund to the employed person of the amount
deducted, or the payment of
the delayed wages, together
with the payment of
such compensation as the authority may think fit, not exceeding ten times the
amount deducted in the former case and not exceeding three thousand rupees but
not less than one thousand five hundred rupees in the latter, and even if the
amount deducted or delayed wages are
paid before the disposal of the application, direct the payment of such compensation, as
the authority may think fit, not exceeding two thousand rupees: Provided that a
claim under this Act shall
be disposed of as far as practicable within a period of three months from the
date of registration of the claim by the authority: Provided
further that the period of three months may be extended if both parties to the
dispute agree for any bona-fide reason to be recorded by the authority that the
said period of three months may be extended to such period as may be necessary
to dispose of the application in a just manner: Provided also
that no direction for the payment of
compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due
to-- (a) a bona fide error or bona fide dispute as to the
amount payable to the employed person; or (b) the occurrence of an emergency, or the
existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of
exercising reasonable diligence; or (c) the failure of the employed person to apply
for or accept payment."; [61] [(4) If the authority hearing an application under this section is
satisfied- (a) that the application was either malicious or
vexatious, the authority may direct that a penalty [62] [not
exceeding three hundred seventy five rupees] be paid to the employer or other
person responsible for the payment of wages by the person presenting
the application; or (b) that in any case in which compensation is
directed to be paid under sub-section (3), the applicant ought not to have been
compelled to seek redress under this section, the authority may direct that a
penalty not exceeding fifty rupees be paid to the state Government by the
employer or other person responsible for the payment of wages. (4A) Where there is any dispute as to the person or persons being the
legal representative or representatives of the employer or of the employed
person, the decision of the authority on such dispute shall be final. (4B) Any inquiry under this section shall be deemed to be a judicial
proceeding within the meaning of sections 193, 219 and 228 of
the Indian Penal Code (45 of 1860).] (5)?? Any Amount directed
to be paid under this section may be recovered- (a) if the authority is a Magistrate, by the
authority as if it were a fine imposed by him as Magistrate, and (b) if the authority is a Magistrate, by the
Magistrate to whom the authority makes application in this behalf, as if it
were a fine imposed by such Magistrate. STATE
AMENDMENTS In its
application to the State of Bombay (which term shall stand unmodified--(Gujarat
and Maharashtra A.L.O., 1960), in section 15,-- (a) in sub-section (1), for the words and figures
beginning with "appoint any" and ending with "to be the
authority", substitute the words "appoint one or more persons to be the
authority or authorities.] (b) after sub-section (1), insert the following
sub-sections, namely:-- [65] [(1A) A person shall not be qualified for appointment as an
authority under this Act unless
he is a Commissioner for Workmen's Compensation or any other officer with
experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate
or as a Judge of a Labour Court or as a judicial member of the Industrial Court
constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted
under the Industrial Disputes Act,
1947. (IB) Where more than one person are appointed for any specified area as
authorities under sub-section (1), the State Government may by general or
special order make such arrangements as it thinks fit for the distribution of
the work among the authorities so appointed.] [66] [(c) in sub-section (2),-- (i)??? after the words "to act on his behalf", insert
the words and figures "or a representative union registered as such under
the Bombay Industrial Relations Act,
1946,"; (ii)??? after the word, brackets and figure
"sub-section (3)", insert the words "and in case of death of the
employed person, it shall be lawful for his legal representative to make an
application for such direction;] [67] [(iii) in both the provisos, for the words "six months",
substitute the words "one year] [68] [(d) in sub-section (3),-- (i)??? for the words "refund to the employed
person", substitute the words "refund to the employed person or his legal
representative, as the case may be;] [69] [(ii) for the words "ten rupees", substitute the words
"twenty-five rupees;] [70] [(iii) after the words "twenty-five rupees in the
latter", insert the following words, namely:-- "and the
authority may direct the payment of
such compensation in cases, where the amount deducted or delayed wages are paid by the employer to
the employed person or his legal representative before the disposal of the
application] [71] [(iv) in the proviso, after the words "employed person",
at both the places where they occur, insert the words "or his legal
representative". (e)??? for sub-section (4), substitute the
following sub-section, namely:-- "(4) If
the authority hearing any application under this section is satisfied,-- (i) that the application was either malicious or
vexatious, the authority may direct that a penalty not exceeding fifty rupees
be paid to the employer or other person responsible for the payment of wages by the person presenting
the application; or (ii) that, in any case in which compensation is
directed to be paid under sub-section (3), the applicant ought not to have been
compelled to seek redress under this section, the authority may direct that a
penalty not exceeding fifty rupees be also paid by the employer or other person
responsible for the payment of wages. The amount of such penalty when
paid or recovered shall be credited to the State Government"; [72] [(f) for
sub-section (5), substitute the following, sub-section, namely:-- "(5) Any amount
directed to be paid under this section may be recovered by the authority as an
arrear of land revenue and the authority shall for that purpose be deemed to be
a public officer within the meaning of section 5 of Revenue
Recovery Act, 1890"; [73] [(g) after sub-section (5), add the following sub-section, namely:-- "(6) Where
a question arises as to whether any person is or is not a legal representative
of the deceased employed person, such question shall be determined by the
authority and the decision of the authority shall be final". [74] [Maharashtra.-- In its
application to the State of Bombay, after section 15, insert the following
section, namely:-- "15A.
Liability for payment of
court-fees.-- (1) In any proceedings under section 15, the applicant
shall not be liable to pay any court-fees (other than fees payable for the
service of process) in respect of such proceedings: Provided that when the
application is presented by an Inspector he shall not be liable to pay the
process fees also. (2) Where the applicant succeeds in such proceedings,
the authority hearing the application shall calculate the amount of court-fees
which would have been payable by the applicant but for sub-section (1) and
direct the employee or other person responsible for the payment of wages under section 3 to pay such
amount to the State Government. Such amount shall, without prejudice to any
other mode of recovery, be recoverable as an arrear of land revenue.] (1) [75] [An
appeal against an order dismissing either wholly or in part an application made
under sub-section (2) of section 15, or against a direction made under
sub-section (3) or sub-section (4) of that section] may be preferred, within
thirty days of the date on which [76] [the
order or direction] was made, in a Presidency-town [77] [***]
before the Court of Small Causes and elsewhere before the District Court- (a)?? by the employer or other person responsible
for the payment of wages under section 3, if the
total sum directed to be paid by way of wages and compensation exceeds three hundred rupees [78] [or such direction has the effect of imposing on the employer or
the other person a financial liability exceeding one thousand rupees], or [79] [(b) by an employed person or any legal practitioner or any
official of a registered trade union authorised in writing to act on his behalf or any
Inspector under this Act,
or any other person permitted by the authority to make an application under
sub-section (2) of section 15, if the total amount of wages claimed to have been
withheld from the employed person exceeds twenty rupees or from the unpaid
group to which the employed person belongs or belonged exceeds fifty rupees,
or] (c)??? by any person directed to pay a penalty
under [80] [sub-section (4)] of section 15. [81] [(1A) No appeal under clause (a) of sub-section (1)] shall lie
unless the memorandum of appeal is accompanied by a certificate by the
authority to the effect that the appellant has deposited the amount payable
under the direction appealed against.] [82] [(2) Save as provided in sub-section (1) any order dismissing
either wholly or in part an application made under sub-section (2) of section
15, or a direction made under sub-section (3) or sub-section (4) of that
section shall be final.] [83] [(3) Where an employer prefers an appeal under this section, the
authority against whose decision the appeal has been preferred may, and if so
directed by the court referred to in sub-section (1) shall, pending the
decision of the appeal, withhold payment of
any sum in deposit with it. (4)?? The court referred to in sub-section (1)
may, if it thinks fit, submit any question of law for the decision of the High
Court and, if it so does, shall decide the question in conformity with such
decision.] [STATE AMENDMENTS [84] [(1) Same as that of Maharashtra (1).] [Maharashtra In section 17,
in sub-section (1),-- [85] [(1) Add the following proviso, namely:-- "Provided
that no appeal by an employer or other person responsible for the payment of wages under section 3 under
clause (a) shall lie unless the memorandum of appeal is accompanied by a
certificate by the authority to the effect that the appellant has deposited
with it the amount payable under the order appealed against".] [86] [(2) Same as that of Gujarat (2)]. [87] [17A. Conditional attachment of property of employer or other
person responsible for payment of wages (1) Where at any time after an application has
been made under sub-section (2) of section 15 the authority, or where at any
time after an appeal has been filed under section 17 by an employed person
or [88] [any
legal practitioner or any official of a registered trade union authorised in
writing to act on his
behalf or any Inspector under this Act or
any other person permitted by the authority to make an application under
sub-section (2) of section 15] the Court referred to in that section, is
satisfied that the employer or other person responsible for the payment of wages under section 3 is likely
to evade payment of
any amount that may be directed to be paid under section 15 or section 17, the
authority or the court, as the case may be, except in cases where the authority
or court is of opinion that the ends of justice would be defeated by the delay,
after giving the employer or other person an opportunity of being heard, may
direct the attachment of so much of the property of the employer or other
person responsible for the payment of wages as is, in the opinion of
the authority or court, sufficient to satisfy the amount which may be payable
under the direction. (2) The provisions of the Code of Civil Procedure, 1908
(5 of 1908), relating to attachment before judgment under that Code shall, so
far as may be, apply to any order for attachment under sub-section (1).] [STATE AMENDMENTS [89] Same as that of Maharashtra. [90] [Same as that of Maharashtra.] [91] [Maharashtra In section 17A,
for the words "any official of a registered trade Union authorised in
writing to act on his
behalf", read the words "any other person or a representative union
competent to present such appeal". SECTION 17B [92] [Maharashtra In its
application to the State of Bombay, after section 17A, the following new section
shall be inserted, namely:-- "17B.
Provisions of section 15A to apply to appeals preferred under section 17 with
modification.--When an appeal is preferred under section 17 by a person making
an application under section 15, the provisions of Section 15A shall mutatis
mutandis apply, with the modification that such person, not being an Inspector,
shall pay court-fees of an amount of five rupees, but that such amount shall be
refunded to him in the event of his succeeding in the appeal." [93] [Same as that of Maharashtra.]]] [94] [Same as that of
Maharashtra.] (1) No Court shall take cognizance of a complaint
against any person for an offence under sub-section (1) of section 20 unless an
application in respect of the facts constituting the offence has been presented
under section 15 has been granted wholly or in part and the authority empowered
under the latter section or the Appellate Court granting such application has
sanctioned the making of the complaint. (2) Before sanctioning the making of a complaint
against any person for an offence under sub-section (1) of section 20, the
authority empowered under section 15 or the Appellate Court, as the case may
be, shall give such person an opportunity of showing cause-against the granting
of such sanction, and the sanction shall not be granted if such person
satisfies the authority or Court that his default was due to- (a) a bona fide error or bona fide dispute as to
the amount payable to the employed person, or (b) the occurrence of an emergency or the existence of
exceptional circumstances, such that the person responsible for the payment of the wages was unable, though
exercising reasonable diligence, to make prompt payment, or (c) the failure of the employed person to apply
for or accept payment. (3) No Court shall take cognizance of a
contravention of section 4 or of section 6 or of a contravention of any rules
made under section 26 except on a complaint made by or with the sanction of an
Inspector under this Act. [95] [(3A) No Court shall take cognizance of any offence punishable under
sub-section (3) or sub-section (4) of section 20 except on a complaint made by
or with the sanction of an Inspector under this Act.] (4) In imposing any fine for an offence under
sub-section (1) of section 20 the court shall take into consideration the
amount of any compensation already awarded against the accused in any
proceedings taken under section 15. STATE
AMENDMENTS [96] [Same as that of Maharashtra. Maharashtra.-In
section 21,-- [97] [(a) in sub-section (1), for the words and figure "and the
authority empowered under section 15 or the appellate Court granting such
application", substitute the words "by the authority or the appellate
Court and the State Government or any officer authorised by it in this
behalf"; (b)?? in sub-section (2)-- (i)??? for the words and figure "the
authority empowered under section 15 or the appellate Court", substitute
the words "the State Government or the office authorised by it in this
behalf"; (ii)?? for the words "the authority or
Court", substitute the words "the State Government or the authorised
officer; and"] [98] [(iii) in clauses (a) and (c), after
the words "employed person", in both the places where they occur,
insert the words "or his legal representative".] (1) The [state Government] may make rules to regulate
the procedure to be followed by the authorities and Courts referred to in
sections 15 and 17. (2) The [state Government] may,[99] [***]
by notification in the Official Gazette, make rules for the purpose of carrying
into effect the provisions of this Act. (3) In particular and without prejudice to the
generality of the foregoing power, rules made under sub-section (2) may- (a) require the maintenance of such records,
registers, returns and notices as are necessary for the enforcement of
the Act [100] [prescribe
the form thereof and the particulars to be entered in such registers or
records]; (b) require the display in a conspicuous place or
premises where employment is carried on of notices specifying rates of wages payable to persons employed
on such premises; (c) provide for the regular inspection of the
weights, measures and weighing machines used by employers in checking rates
of wages payable to
persons employed on such premises; (d) prescribe the manner of giving notice of the
days on which wages will
be paid; (e) prescribe the authority competent to approve
under sub-section (1) of section 8 acts and omissions in respect of which fines
may be imposed; (f) prescribe the procedure for the
imposition of fines under section 8 and for the making of the deductions
referred to in section 10; (g) prescribe the conditions subject to which
deduction may be made under the proviso to sub-section (2) of section 9; (h) prescribe the authority competent to approve
the purposes on which the proceeds of fines shall be expended; (i) prescribe the extent to which advances
may be made and the installments by which they may be recovered with reference
to clause (b) of section 12; [101] [(ia) prescribe the extent to which loans may be granted and the
rate of interest payable thereon with reference to section 12A; (ib)? prescribe the powers
of Inspectors for the purposes of this Act;] (j) regulate the scales of costs which may be
allowed in proceedings under this Act; (k) prescribe the amount of court-fees payable in
respect of any proceedings under this Act;[102]
[***] (l) prescribe the abstracts to be contained
in the notices required by section 25;[103]
[***] [104] [(la) prescribe the form and manner in which nominations may be made
for the purposes of sub-section (1) of section 25A, the cancellation or
variation of any such nomination, or the making of any fresh nomination in the
event of the nominee predeceasing the person making nomination, and other
matters connected with such nominations; (lb) specify the authority with whom amounts required to be deposited
under clause (b) of sub-section (1) of section 25A shall be deposited, and the
manner in which such authority shall deal with the amounts deposited with it
under that clause;] [105] [(m) provide for any other matter which is to be or may be
prescribed.] (4) In making any rule under this section the [state
Government] may provide that a contravention of the rule shall be punishable
with fine
[106] [which shall not be less than seven hundred fifty rupees but which
may extend to one thousand and five hundred rupees] (5) All rules made under this section shall be subject to
the condition of previous publication, and the date to be specified under
clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be
less than three months from the date on which the draft of the proposed rules
was published. [107] [(6) Every rule made by the Central Government under this section
shall be laid, as soon as may be after it is made before each House of
Parliament while it is in session for a total period of thirty days which may
be comprised in one session or in [108] [two or more successive sessions,] and if, before the expiry of
the session
[109] [immediately following the session or the successive sessions
aforesaid,) both Houses agree in making any modification in the rule, or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.] [110] (7) All rules made under this section by the State Government shall, as
soon as possible after they are made, be laid before the State
Legislature.". [STATE
AMENDMENTS [111] [Same as in Maharashtra.] [112] [Maharashtra.-- In section 26,
in sub-section (3),-- (1) after clause (d), insert the following clause,
namely:-- "(da)
prescribe the manner in which the excess amount of the bonus shall be paid or
invested under section 6"; (2) in clause (k),-- (a) for the word "court-fees",
substitute the words "ad valorem or fixed court-fees"; (b) the word "and" shall be deleted,] [1]
Substituted by
the Adaptation of Laws Order, 1950, for sub-Section (2). [2]
The words "except
the State of Jammu and Kashmir" Substituted by Act 3 of
1951, Section 3 and Schedule for the words "except Part B
States" which were subsequently omitted by Act 51 of
1970, Section 2 and Schedule [3]
Came into force
on 28-3-1937, see Gazette of India, 1937, Pt. I, pg.626. [4]
Substituted
by Act 38 of 1982, Section 3, for "factory and to persons
"w.e.f. 15-10-1982. [5]
Inserted
by Act 38 of 1982, Section 3 w.e.f. 15-10-1982. [6]
Substituted
vide Payment of Wages (Amendment) Act, 2005. Previous text was
"the central Government or a state Government" (w.e.f. 9-11-2005). [7]
Substituted
by Act 68 of 1957, Section 2, for "the Act "w.e.f.
1-4-1958. [8]
Substituted
by Act 38 of 1982, Section 3, for "any industrial establishment
or in any class or group of industrial establishments" w.e.f.15-10-1982. [9]
Substituted
vide Payment of Wages (Amendment) Act, 2005. Previous text was
"the central Government or a state Government" (w.e.f. 9-11-2005). [10]
Substituted
by Act 38 of 1982, Section 3, for proviso w.e.f. 15-10-1982. [11]
Substituted
vide Payment of Wages (Amendment) Act, 2005. Previous text was
Nothing in this Act shall apply to wages payable in respect of a wage-period,
over such wage-period, average [one thousand six hundred rupees] a month or
more. [12]
"Twenty
four thousand rupees per month" vide S.O. 2806 (E), dated 28.08.2017. [13]
Substituted by
Maharahtra Act 33 of 2005, Section 2. [14]
Inserted vide Payment of Wages (Amendment) Act, 2005. Also previous clauses
(i), (ia) and (ib) renumbered as (i), (ia) (ib) and (ic) [15]
Substituted by Act 53 of 1964, section 3, for clause (i) w.e.f. 1-2-1965. [16]
Substituted by Act 38 of 1982, section 4, for ' "industrial
establishment" means' w.e.f. 15-10-1982. [17]
Substituted by Act 38 of 1982, section 4, for ' "industrial establishment"
means' w.e.f. 15-10-1982. [18]
Substituted by Act 38 of 1982, section 4, for ' "industrial
establishment" means' w.e.f. 15-10-1982. [19]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [20]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [21]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [22]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [23]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [24]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [25]
Inserted by Act 68 of 1957, section 3 w.e.f. 1-4-1958. [26]
Vide Bombay Act 48 of 1955, sec. 2 (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, sec. 2 and Sch.
(w.e.f. 4-3-1961). [27]
Substituted by the Payment of Wages (Amendment) Act, 2017 for the following:- "All wages shall be paid in current
coins or currency notes or in both: [Provided that
the employer may, after obtaining the written authorisation of the employed
person, pay him the wages either
by cheque or by crediting the wages in
his bank account.]" [28]
Vide Gujarat Act 26 of 1961, section 3 (w.e.f. 12-6-1961). [29]
Vide
Maharashtra Act 13 of
1961, section 4 (w.e.f. 4-3-1961). [30]
Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was
"sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)" [31]
Explanation
re-numbered as Explanation I by Act 68
of 1957, section 5 w.e.f. 1-4-1958. [32]
Inserted by Act 68 of 1957, section 5 w.e.f. 1-4-1958. [33]
Substituted by Act 68 of 1957, section 5, for
clause (d) w.e.f. 1-4-1958. [34]
The words "Governor-General in Council or"
omitted by the A.O. 1937. [35]
Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. [36]
Substituted by Act 56 of 1974, section 3 and Schedule II, for "this
sub-clause". [37]
Substituted by Act 53 of 1964, section 6, for clause (f) w.e.f. 1-2-1965. [38]
Substituted vide Payment of Wages (Amendment) Act, 2005 [39]
The word "and" omitted by Ordinance 3 of
1940, section 2. [40]
Inserted by Defence Of India Act, 1971. [41]
Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. [42]
Added by Ordinance 3 of 1940, section 2. [43]
Added by Ordinance 3 of 1940, section 2. [44]
Added by Ordinance 3 of 1940, section 2. [45]
Inserted by Act 38 of 1982, section 7 w.e.f.
15-10-1982. [46]
Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. [47]
Inserted by Act 29 of 1976, section 4 w.e.f 12-11-1876. [48]
Inserted by Act 19 of 1977, section 2, w.e.f. 30-6-1977. [49]
Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. [50]
Substituted vide Payment of Wages (Amendment) Act, 2005. [51]
Vide Maharashtra Act 42 of 1961, sec. 2 (w.e.f. 9-10-1961). [52]
Vide
Maharashtra Act 13 of
1961, sec. 5 (w.e.f. 4-3-1961). [53]
Substituted by Act 38 of 1982, section 8, for "half-an-anna in the
rupee" w.e.f. 15-10-1982. [54]
Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was sixty
days [55]
Substituted by Act 38 of 1982, for "industrial establishment"
w.e.f. 15-10-1982. [56]
Vide Bombay Act 40 of 1953, sec. 23. [57]
Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was The state
Government may, by notification in the Official Gazette, appoint [a presiding
officer of any Labour Court or Industrial Tribunal, constituted under the Industrial
Disputes Act, 1947 (14 of
1947), or under any corresponding law relating to the investigation and
settlement of industrial disputes in force in the State or] any Commission for
Workmen's Compensation or other officer with experience as a Judge of a Civil
Court or as a stipendiary magistrate to be the authority to hear and decide for
any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, [of persons employed or paid in
that area, including all matters, incidental to such claims: Provided that
where the state Government considers it necessary so to do, it may appoint more
than one authority for any specified area and may, by general or special order,
provide for the distribution or allocation of work to be performed by them
under this Act.]] [58]
Substituted by Act 53 of 1964, section 13, for "six months" w.e.f.
1-2-1965. [59]
Substituted by Act 53 of 1964, section 13, for "six months" w.e.f.
1-2-1965. [60]
Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was When any
application under sub-section (2) is entertained, the authority shall hear the
applicant and the employer or other person responsible for the payment of wages under section 3, or give
them an opportunity of being heard, and, after such further inquiry (if any) as
may be necessary, may, without prejudice to any other penalty to which such
employer or other person is liable under this Act, direct the refund to the employed person of the amount
deducted, or the payment of
the delayed wages, together
with the payment of
such compensation as the authority may think fit, not exceeding ten times the
amount deducted in the former case and [not exceeding twenty-five rupees in the
latter, and even if the amount deducted or the delayed wages are paid before the
disposal of the application, direct the payment of such compensation, as the authority may think fit,
not exceeding twenty-five rupees]] [61]
Substituted by Act 53 of 1964, section 13, for sub-section (4) w.e.f.
1-2-1965. [62]
Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "not
exceeding fifty rupees" [63]
Vide Bombay Act 48 of 1955, sec. 3(b) (w.e.f. 1-7-1956);
Maharashtra Act 13 of
1961, sec. 2 (w.e.f. 4-3-1961)]. [64]
Vide Bombay Act 48 of 1955, sec. 3(a) (w.e.f. 1-7-1956);
Maharashtra Act 13 of
1961 sec. 2 (w.e.f. 4-3-1961)]. [65]
Vide Bombay Act 48 of 1955, sec. 3(b) (w.e.f. 1-7-1956);
Maharashtra Act 13 of
1961, sec. 2 (w.e.f. 4-3-1961)]. [66]
Vide Bombay Act 48 of 1955, sec. 3(c), (w.e.f. 1-7-1956)]. [67]
Vide Bombay Act 62 of 1953, sec. 4(2) (w.e.f. 10-5-1954);
Maharashtra Act 13 of
1961, sec. 6 (w.e.f. 4-3-1961). [68]
Vide Bombay Act 48 of 1955, sec. 3(d) (w.e.f. 1-7-1956);
Maharashtra Act 13 of
1961, sec. 2 (w.e.f. 4-3-1961)]. [69]
Vide Bombay Act 62 of 1953, sec. 4 (3)
(w.e.f. 10-5-1954); Maharashtra Act 13
of 1961, sec. 2 (w.e.f. 4-3-1961). [70]
Vide Bombay Act 48 of 1955, sec. 3(d); Maharashtra Act 13 of 1961, sec. 2 (w.e.f.
4-3-1961)]. [71]
Vide Bombay Act 62 of 1953, sec. 4(5) (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961, sec. 2 (w.e.f.
4-3-1961)]. [72]
Vide Bombay Act 70 of 1954, sec. 2 (w.e.f. 15-11-1954); Maharashtra Act 13 of 1961, sec. 2 (w.e.f.
4-3-1961). [73]
Vide Bombay Act 48 of 1955, sec. 3(e) (w.e.f. 1-7-1956);
Maharashtra Act 13 of
1961, sec. 2 (w.e.f. 4-3-1961). [74]
Vide Bombay Act 62 of 1953, sec. 5 (w.e.f. 10-5-1994); Maharashtra Act 13 of 1961, sec. 2 (w.e.f.
4-3-1961). [75]
Substituted by Act 68 of 1957, section 7, for
"An appeal against a direction made under sub-section (3) or sub-section
(4) of section 15" (w.e.f. 1-4-1958). [76]
Substituted by Act 68 of 1957, section 7, for
"An appeal against a direction made under sub-section (3) or sub-section
(4) of section 15" (w.e.f. 1-4-1958). [77]
The words "or in Rangoon" omitted by the A.O.
1937. [78]
Inserted by Act 53 of 1964, section 15 (w.e.f. 1-2-1965). [79]
Substituted by Act 53 of 1964, section 15, for clause (b) (w.e.f. 1-2-1965). [80]
Substituted by Act 20 of 1937, section 2 and Schedule I, for
"sub-section (5)". [81]
Inserted by Act 53 of 1964, section 15 (w.e.f. 1-2-1965). [82]
Substituted by Act 68 of 1957, section 7, for sub-section (2) (w.e.f.
1-4-1958). [83]
Inserted by Act 53 of 1964, section 15 (w.e.f. 1-2-1965). [84]
Vide Bombay Act 62 of 1953, section 6 (w.e.f. 1-6-1961). [85]
Vide Bombay Act 62 of 1953, section 6 (w.e.f.
10-5-1954); Maharashtra Act 13
of 1961, section 2 (w.e.f. 4-3-1961). [86]
Vide Maharashtra Act 13 of 1961, section 7 (w.e.f. 4-3-1961). [87]
Inserted by Act 68 of 1957, section 8 (
w.e.f. 1-4-1958). [88]
Substituted by Act 53 of 1964, section 16, for certain words ( w.e.f.
1-2-1965). [89]
Vide Gujarat Act 26 of 1961, section 7 (w.e.f. 12-6-1961). [90]
Vide Bombay Act 70 of 1954, section 3 and Gujarat Act 26 of 1961, section 8 (w.e.f.
12-6-1961). [91]
Vide Maharashtra Act 13 of 1961, section 8 (w.e.f. 4-3-1961). [92]
Vide
Maharashtra Act 13 of
1961, section 9 (w.e.f. 4-3-1961). [93]
Vide Rajasthan Act 13 of 1970, section 3 (w.e.f. 3-12-1970). [94]
Gujarat Act 26
of 1961, section 8. [95]
Inserted by Act 53 of 1964, section 19 (w.e.f. 1-2-1965). [96]
Vide Gujarat Act 26 of 1961, section 2 (w.e.f. 12-6-1961). [97]
Vide Bombay Act 62 of 1953, section 8 (w.e.f. 10-5-1954);
Maharashtra Act 13 of
1961, section 2 (w.e.f. 4-3-1961). [98]
Vide Bombay Act 48 of 1955, section 5 (w.e.f. 1-7-1956); Maharashtra Act 13 of 1961, section 2 (w.e.f.
4-3-1961). [99]
The words
"Subject to the control of the Governor General in Council" omitted
by the A.O. 1937. [100]
Substituted by Act 53 of 1964, section 22, for
"and prescribe the form thereof" w.e.f. 1-2-1965. [101]
Inserted by Act 53 of 1964, section 22 w.e.f.
1-2-1965. [102] The word "and" omitted by Act 53 of 1964, section 22 w.e.f. 1-2-1965. [103] The word "and" Inserted by Act 53 of 1964, section 22 w.e.f. 1-2-1965 and omitted
by Act 38 of 1982,
ection 14 w.e.f. 15-10-1982. [104] Inserted by Act 38
of 1982, section 14 w.e.f. 15-10-1982. [105] Inserted by Act 53
of 1964, section 22 w.e.f. 1-2-1965. [106] Substituted vide Payment of Wages (Amendment) Act, 2005. [107]
Inserted by Act 53 of 1964, section 22 w.e.f. 1-2-1965. [108] Substituted by Act 38
of 1982, section 14, for "two successive sessions" w.e.f. 15-10-1982. [109] Substituted by Act 38
of 1982, section 14, for "in which it is so laid or session immediately
following" w.e.f 15-10-1982. [110] Inserted vide Payment of Wages (Amendment) Act, 2005. [111]
Vide Gujarat Act 26 of 1961, sec. 2 (w.e.f. 12-6-1961)]. [112]
Vide Bombay Act 62 of 1953, sec. 9 (w.e.f. 10-5-1954); Maharashtra Act 13 of 1961 sec. 2 (w.e.f.
4-3-1961).PAYMENT OF WAGES ACT, 1936 (MAHARASHTRA AMENDMENT)