The Rajasthan Payment of Wages Rules, 1961

In exercise of the powers conferred by sub-sections (2), (3) and (4) of Section 26 of the Payment of Wages Act, 1936 (Central Act 4 of 1936) the State Government hereby makes the following Rules, the same having been previously published as required by sub- section (5) of the said Section, namely:-

Rule - 1. Short title and commencement.?

 

(i)       These Rules may be called the Rajasthan Payment of Wages Rules, 1961.

 

(ii)      These Rules shall come into force upon their publication in the Official Gazette.

Rule - 2. Definition.?

 

In these Rules unless is anything repugnant in the subject or context:-

(a)      "the Act" means the Payment of Wages Act (4 of 1936);

 

(b)      "the authority" means the authority appointed under subsection (1) of Section 15 of the Act;

 

(c)      "the Chief Inspector of Factories" means the Chief Inspector of Factories appointed under sub-section (2) of Section 8 of the Factories Act, 1948 (63 of 1948);

 

(d)      "the Court" means the court, mentioned in sub-section (1) of Section 17 of the Act;

 

(e)      "the deduction for breach of contract" means a deduction made in accordance with the provision of the proviso to sub-section (2) of Section 9;

 

(f)       "deduction for damage or loss" means a deduction made in accordance with the provisions of clause (c) of sub-section of Section 7;

 

(g)      "Form" means a form appended to these Rules;

 

(h)     "Inspector" means the Inspector authorised 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)      "Pay-master" means an employer or other person responsible under Section 3 of the Act for the payment of wages;

 

(l)       words and expressions defined in the Act shall be deemed to have same meaning as in the Act.

Section 26 (3) (A)

Rule - 3. Register of Fines.?

 

(1)      In any factory or industrial establishment in respect of which the employer has obtained approval under sub-section (1) of Section 8 to a list of acts and omissions in respect of which fines may be imposed, the pay master shall maintain a Register of Fines in Form I.

 

(2)      [At the beginning of the Register of Fines, there shall be entered and serially numbered the purpose or purposes, as approved under Section 8 (8) of the Act, on which the amount realized as fines is 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.

Rule - 4. Register of Deductions for damage or loss.?

 

In every factory or Industrial establishment in which deductions for damage or loss are made, the pay master shall maintain the register required by sub-section (2) of Section 10, in Form II.

Rule - 5.[Wage register and Wage Slips]1(1).-

 

(1)     A Register of Wages shall be maintained in every factory or industrial establishment and may be kept in such form as the pay master finds convenient but shall include the following particulars-

 

(a)      the gross wages earned by each person employed for each wage period,

 

(b)      all deductions made from these wages, with an indication in each of the clause of sub-section (2) of Section 7 under which the deduction is made,

 

(c)      the wages actually paid to each person employed for each wage period.

 

(2)     [Wage slip in Form VII shall be issued by every Pay-master to every person employed by him at least a day prior to the disbursement of wages and such wage slip shall not be returnable to the Pay-master.

 

(3)     Every Pay-master shall get signature or thumb impression of every employee in the Register of Wages or on the duplicate copy of the Wage Slip kept by him as receipt of the wages paid to the employee.

 

(4)     Entries in the Register of Wages and Wage Slips shall be authenticated by the Pay-master or any person authorised by him in this behalf.

 

(5)     Notwithstanding anything contained in this rule where a combined form is sought to be used by the Pay-master to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under this rule, may be used after obtaining prior approval of the Chief Inspector of Factories, Rajasthan.]

Rule - 6. Maintenance of Register.?

 

The register required by rules 3, 4, 5,and 18 shall be preserved for twelve months after the date of last entiy made in them.

 

Section 26 (3) (B)

Rule - 7. Display of wages rates.?

 

In every factory or industrial establishment a notice in Form VI in Hindi shall be displayed by the Pay-master in a conspicuous place at or near the entrance of each department or group of departments, specifying the rates or wages payable to all classes of workers other than those holding position of supervision or management as mentioned in the Rajasthan Factories Rules. When the rates of wages are revised or a new class of work introduced the necessary alterations shall be made the Pay-master in the said notice and dated.

This notice shall be preserved for a period of six months after the date of its replacement by a new notice and shall be available to an inspector on demand for the purpose of inspection.

 

Section 26 (3)(C)

Rule - 8. Weights and measure.?

 

(1)     All weights, measures or weighing machine which are use in checking or ascertaining the wages of persons employed in any factory shall be examined atleast biannualy 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 Penal Code (XLV of 1860), he may seize the article in question and shall record his opinion and send it to the District Magistrate for such action as he may think fit.

 

Section 26(3) (D)

Rule - 9. Notice of dates of payment.?

 

The paymaster shall display, in a conspicuous place at or near the main enterence of the factory a notice in Hindi giving for not less than one month in advance the days on which wages are to be paid.

Provided that an employed person who is absent on any such day shall be paid his wages on any working day before the expiry of the third working day after the day on which a demand is made by him for the same.

 

Section 26(3)(E), (F) & (H)

Rule - 10. Prescribed authority.?

 

The Chief Inspector of Factories shall be the authority competent to approve, under sub-section (1) of Section 8 acts and omission in respect of which fines may be imposed and under sub-section (8) of Section 8 the purposes on which the proceeds of fines shall be expended.

Rule - 11. Application in respect of fines.?

 

Every employer requiring the power to impose fines in respect of acts and omissions on the part of employed persons shall send to the Chief Inspector of Factories:-

(a)      A list 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 of which the incumbents may pass orders imposing fines and the class of establishments on which the incumbent of each such appointment may impose fine.

Rule - 12. Approval of list of acts and omissions.?

 

The authority appointed under rule 10 on receipt of this list prescribed in rule 11(a) may after such inquiry as he considers necessary pass orders either:-

(a)      disapproving the list:

 

(b)      approving the list either in its original form or as amended by him, in which case such list shall be considered to be an approved list:

 

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.

 

Rule - 13. Posting of list.?

 

The employer shall display at or near the main enterence of the factory or industrial establishment a copy in Hindi of the list approved under rule 12.

Rule - 14. Persons authorised to impose fines.?

 

No fines may be imposed by any person other than an employer, or a person holding an appointment named in a list submitted under rule 11.

Rule - 15. Procedure in imposing fines and deduction.?

 

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 the fine or deduction, which it is proposed to impose, and shall take the explanation, either orally in the presence of at least one other person or in writing as the employed person may prefer.

Rule - 16. 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 or rule 4 may be duly completed.

 

Section 26(3) (G)

Rule - 17. Deduction for breach of contract.?

 

(1)      No deduction for breach of contract shall be made from the wages of an employed person who is under the age of 15 years or is woman.

 

(2)      No deduction for breach of contract shall be made from the wages of any employed unless-

 

(a)      there is provision in writing forming part of the term of the contract of employment requiring him to give notice of the termination of his employment, and

 

(i)       the period of this notice does not exceed fifteen days or the wages period whichever is less, and

 

(ii)      the period of this notice does not exceed the period of notice which the employer is required to give on termination of that employment:

 

(b)      this rule has been displayed at or near the main entrance of the factory or industrial establishment and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made;

 

(c)      a notice has been displayed at or near the main entrance of the factory giving the names of the persons from whom the deduction are proposed to be made, the number of days' wages to be deducted 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 or industrial establishment, it shall be sufficient, in lieu of giving the names of the persons in such departments or sections, to specify the departments or sections 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 specified in the notice displayed under clause(c) of sub-rule(2), no deduction for breach of contract shall be made from any person who has complied with these conditions.

 

Section 26(3) (I)

Rule - 18. Advances.?

 

(1)     An advance of wages not already earned shall not without the previous permission of an Inspector exceed an amount equivalent to the wages earned by the employed person during preceding two calendar months or if he has not been employed for that period twice the wages he is likely to earn during the two subsequent calendar months.

 

(2)     The advances may be recovered in installments by deductions from wages spread over not more than twelve months. No installment shall exceed one-third or where the wages for any wage period are not more than twenty rupees, one-fourth of the wages for the wages 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.

 

Section 26(3)(A)

Rule - 19. Annual Return.?

 

In respect of every factory or industrial establishment, return shall be sent in Form IV so as to reach the Chief Inspector of Factories not later than the 15th of February following the end of the calendar year to which it relates.

 

Section 26 (3)(J)

Rule - 20. Costs.?

 

(1)     Where the authority or the court as the case may be directs that any costs shall not follow the event he shall state his reasons for so doing in writing.

 

(2)     The costs which may be awarded shall include-

 

(a)      the charges necessarily incurred on account of court fees.

 

(b)      the charges necessarily incurred on subsistence money to witnesses, and:

 

(c)      pleader's fee which shall ordinarily be Rs. 10/- provided that the authority of 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 to Rs.30/-.

(3)     When a party engages more pleaders than one to defend a case be shall be allowed one set of cost only.

 

Rule - [21. Fees for copies.?

 

(1)     No copy of any document or record in any proceedings before the authority or the court shall be made except on stamped paper of the value specified in sub-rule(2) provided by the person who has obtained an order for the copy. If necessary stamped paper is not available, judicial water-marked paper with adhesive stamp of the requisite value may be provided instead:

 

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.

 

(2)     The following shall be the scale of charges for copies of such document or record:-

For a copy, ordinary or urgent-

(i)       containing 400 words or less, Rs. 1/- and Rs.2/- respectively:

 

(ii)      containing more than 400 words but not more than 1200 words, for 400 words the charges shall be as mentioned in clause(i) and for every subsequent 100 words or less, an extra charge of 25 paisa and 50 paisa respectively shall be made:

 

(iii)     containing more than 1200 words but not more than 2400 words for 1200 words, the charges shall be as mentioned in clause (ii) and for every subsequent 100 words or less, an extra charge of 19 paisa and 37 paisa respectively shall be made:

 

(iv)    containing more than 2400 words, for 2400 words, the charges shall be ad mentioned in clause (iii) and for every subsequent 100 words or less, an extra charge of 12 paisa and 25 paisa respectively shall be made.

 

(3)     In case in which an applicant desires to have more than one copy of a document or record and typed copies can be given, each copy after the first shall be supplied at half the rates mentioned in sub-rule(2).]

 

Section 26(3)(K)

Rule - [22. Fees.?

 

The court fee payable in respect of proceeding under the Act shall be as follows:-

 

 

Provided that the authority or the court may, in consideration of the poverty of the applicant, reduce or remit these fee:

 

Provided further that no fee shall be chargeable in respect of any application presented by an Inspector.]

 

Section 26(3)(1)

Rule - 23. 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)

Rule - 24. Penalties.?

 

Any breach of rules 3,4,5,6,7,9,16 and 19 of these Rules shall be punishable with fine which may extend to two hundred rupees.

 

General

Rule - 25. Supersession.?

 

These rules supersede the Rajasthan Payment of Wages Rules, 1951 and all other rules corresponding to these rules in force in the Ajmer, Abu and Sunel areas.

Form I

[See rule 3 (1)]

Register of Fines

...........................Factory/Industrial Establishment.

 

 

 

Form II

(See rule 4)

Register of deduction for damage or loss caused to the employer by the Neglect or Default of the employed persons..........Factory/ Industrial Establishment.

 

From III

(See rule 18)

Register of advance made to employed persons, Factory/ Industrial Establishment.

 

[Form IV]

(See rule 19)

Annual Returns

 

Wages and Deduction from Wages

Return for the year ending 31st December, 19 .

 

1.        (a) Name of the Factory or Establishment with full postal address:

 

(b) Industry:

2.        No. of days worked during the year.

(a)      No. of mandays worked during the year:]

(b)      [Average daily No. of persons employed during the year:]

3.        Gross amount paid as remuneration to persons getting less than Rs. 400/- including deduction under Section 7 (2) .................. of which the amount due to profit sharing bonus is...................and that due to money value of [concessions is...........]

4.        Total wages paid including deductions under Section 7 (2) on the following accounts:-

5.        Deduction:

 

6.        Disbursement from the fines fund

7.        Balance of fines fund in hand at the end of the year............

Signature..........................

Designation........................

 

Form V

(See rule 23)

 

Abstract of the Payment of Wages Act, 1936 and the Rules made thereunder.

When the Act affects-

 

1.

The Act applies to the Payment of Wages to persons in Factories or Industrial Establishment receiving less than Rs.400/- a month.

 

2.

No employed person can give up by contract or agreement his rights under the Act.

Definition of Wages

3.

'Wages' means all remunerations whether salary, allowances or otherwise payable to a person employed in respect of his employment of work done in such employment.

It 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 over-time work or holdings or any leave period;

 

(c)      any additional remuneration payable under the terms of employment:

 

(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.

It excludes:-

 

(1)     any bonus 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 an 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 expense entailed by 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).

 

Responsibility for and method of Payment:-

4. 

 

The Paymaster is responsible for the payment under the Act of Wages to person employed under him and contractor employing persons is responsible for payment to the persons he employs.

5. 

 

Wages period shall be fixed for the payment of wages at intervals not exceeding one month.

 

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.

 

The wages of a person discharged shall be paid not later than the second working day after his discharge.

 

7. 

Payments in kind are prohibited.

Fines and Deductions

8. 

 

No deductions shall be made from wages except those authorised under the Act (see paragraphs 9 to 15 below).

 

9. 

 

(1)     Fines can be imposed only for such acts and omissions as the employer may, with the previous approval of the Chief Inspector of Factories specify by a notice displayed at or near the main factory or industrial establishment and after giving the employed person an opportunity for explanation.

 

(2)     Fines :-

 

(a)      shall not exceed half an anna in the rupee.

 

(b)      shall not be recovered by instalments or later than sixty days on the date of imposition.

 

(c)      shall be recorded in a register and applied to such purposes beneficial to the employed person as are approved by the Chief Inspector of Factories.

 

(d)      shall not be imposed on a child.

 

10. 

 

(a)      Deduction for 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 proportion to his wages for the wage period as the time he was absent in that period is to the total time he would have been at work.

 

(b)      If ten or more employed persons acting in a concern absent themselves without reasonable cause and without due notice the deduction for absence can include wages for eight days in lieu of notice but:-

 

(1)      no deduction for breaking a contract can be made from a person under 15 years of age 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 case work not exceeding 15 days or the period of notice which the employer has to give to discharge a work 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 factory or industrial establishment;

 

(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 or industrial establishment;

 

(5)      no deduction must exceed the wages of the employed person for the period by which the notice 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. 

 

Deduction can be made, equivalent to the value thereof, 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 amenities or services (other than tools and raw material) supplied by the employer provided these are accepted by the employed person as a part of the term of his employment and have in the case of amenities and services been authorised by order of the State Government.

 

13. 

 

(a)      Deductions can be made for the recovery of advances or for adjustment of over-payment of wages.

 

(b)      Advance 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 travelling expenses before employment began.

 

(c)      Advances of unearned wages can be made at the paymaster's discretion during employment but must not exceed the amount of two months' wages without the permission of an inspector.

 

(d)      These advances can be recovered by instalments spread over not more than 12 months and the instalments must not exceed one-third or if the wages are not more than Rs.20/- one fourth of the wages for any wage period.

14. 

 

Deductions can be made for subscription to and for repayment of advances from any recognised provident fund.

15. 

 

Deductions can be made for payments to co-operative societies approved by the State Government or to the postal insurance subject to any conditions imposed by the State Government. Education can also be 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 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.

15(A). 

 

Any loss of wages resulting from withholding of increment or promotion reduction to lower post or time scale or to a lower Stage in a time scale or suspension does not constitute deduction from wages within the meaning of the Act. For this purpose the rules framed by an employer in relation to his employees in factories or Industrial Establishments for purpose of any of the aforesaid penalties shall provided that:-

 

(a)      any such penalty as aforesaid, except the penalty of suspension shall not be imposed unless the person concerned:-

(b)      has been informed of the charges in respect of which it is proposed to impose the penalty;

(c)      has been given a reasonable opportunity of showing cause why the proposed penalty should be imposed;

(d)      the person concerned is given a right of appeal against any order imposing the penalty.

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 of the purposes of the Act.

 

Complaints of deductions or delays

17. 

 

(1)     Where irregular deductions are made from wages or delays in payment taken place, an employed person can make an application in the prescribed form within six months to the authority appointed by the State Government for the purpose. An application delayed beyond this period 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 the payment of whose wages has been delayed.

Action by the Authority

18. 

 

The authority may award compensation to the employed person in addition to ordering the payment of delayed wages or the refund of illegal deductions.

 

If a malicious or vexation complaint is made the authority may impose a penalty not exceeding Rs.50/- on the applicant and order that it be paid to the employer.

 

Appeal against the Authority

19. 

 

An appeal against an order dismissing either wholly or part of an application or against a direction made by the authority may be referred within thirty days to the District Court-

 

(a)      by Pay-master, if total amount directed to be paid exceed Rs.300/-;

 

(b)      by an employed person or any official of a registered trade union authorised in writing to act on his behalf, if the total amount of wages withheld from him or his co-workers, exceeds Rs.50/-;

 

(c)      by a person directed to pay a penalty for a malicious or vexation applications.

Punishment for breaches of the Act

20. 

 

Anyone delaying the payment of wages beyond the due date or making any unauthorised deductions from is liable to fine upto Rs.500/-. but only if prosecuted with the sanction of the authority or the appellate court.

21. 

 

The Pay-master who-

(1)      does not fix a wages period, or

 

(2)      makes payment in kind, or

 

(3)      fails to display at or near the main entrance of the Factory or Industrial Establishment this abstract in Hindi; or

 

(4)      breaks certain rules made under the Act, if liable to a fine not exceeding Rs.200/-.

 

22. 

 

A complaint to this effect can be made only by the Inspector or with the sanction.

 

Form VI

 

Name of the Factory or Industrial Establishment..........

Name of the Department................

Date from which wage rates will be or are in force.............

 

Name of pay-master........

Signature........

Date.............

Note:- The wages rates in this form shall be shown separately for time workers and piece workers.

 

[Form VII]

(See Rule 5)

Wages Slip

Name of Establishment/Factory....

Place........................

 

Notes:- (A) If the number of days worked is not the same as the number of days for which payment has been made the later should be shown in column 4.

(B) If any concessions are payable to a worker as part of wages, they should be included in this column, concessions being expressed in terms of money.

(C) Signature or thumb impression of the worker will be obtained in this column at the time of actual payment of wages to the employee only in the duplicate copy of the Wage Slip maintained by the Pay-master.

Signature of the Pay-master.