UTTAR PRADESH PAYMENT OF WAGES RULES, 1936

Rule - 1. Title.

These rules may be called the U. P. Payment of Wages Rules, 1936.

Rule - 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context,-

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

(b)      "the Authority" means the authority appointed under sub-section (1) of Section 15 of the Act;

(c)      "the Chief Inspector of Factories" means the Inspector of Factories appointed under sub-section (2) of Section 10 of the Factories Act (XXV of 1934);

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

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

(f)       "deduction for damage or loss" means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of Section 7;

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

(h)     "Inspector" means the inspector authorized by or under Section 14 of the Act;

(i)       "person employed" excludes all persons to the payment of whose wages the Act does not apply;

(j)       "section" means a section of the Act;

(k)      "paymaster" means an employer or other person responsible under Section 3 of the Act for the payment of wages;

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

Rule - 3. Register of fines.

(1)     In any factory and industrial establishment in respect of which the employer has obtained approval under subsection (1) of Section 8 to list of acts and omissions in respect of which fines may be imposed the paymaster shall maintain a register of fines in Form I.

(2)     At the beginning of the register of fines there shall be entered serially numbered the approved purpose or purposes on which the fines realized are to be expended.

(3)     A voucher or receipt in respect of any amount disbursed shall be maintained and produced as and when demanded by the Inspector.

Rule - 4. Register of deductions for damage or loss.

In every factory and industrial establishments in which deductions for damage or loss are made, the paymaster shall maintain the register required by sub-section (2) of Section 10 in Form II.

Rule - 5. Register of wages.

A register of wages shall be maintained in every factory and industrial establishment and may be kept in such form as the paymaster finds convenient [including additions to Form 12 prescribed under Rule 78 of the U. P. Factories Rules, 1950)] but shall include the following particulars:-

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

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

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

Rule - 6. Maintenance of registers.

The registers required by Rules 3, 4, 5 and 17 shall be preserved for twelve months after the date of the last entry made in them.

Rule - 6-A. Production of Registers for inspection.

All registers and records required to be maintained under the Act and these rules shall be produced by the pay-master on demand by an inspector.

Rule - 6-B. Display of wage-rates.

In every factory and industrial establishment a notice in Form VI in English, Hindi and Urdu shall be displayed by the paymaster in a conspicuous place at or near the entrance of each department or group of departments specifying the rates of wages payable to all classes of workers other than those holding position of supervision or management as mentioned in Rule 79 and approved under Rule 81 of the Uttar Pradesh Factories Rules, 1950. When the rates of wages are revised or a new class of work introduced, the necessary alterations shall be made by the paymaster in the said notice and dated.

This notice shall be preserved for a period of six months, after the date of its replacement by a new notice and shall be available to a Factory Inspector on demand for the purposes of inspection.

Rule - 7. Weights and measures.

(1)     All weights, measures or weighing machines which are used in checking or ascertaining the wages of persons employed in any factory and industrial establishments shall be examined at least biennially by an Inspector who may prohibit the use of any weight, measure or weighing machine which he finds to register incorrectly.

(2)     If the Inspector considers that any action should be taken under the Indian Weights and Measures of Capacity Act (XXXI of 1871), or 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.

Rule - 8. Notice of dates of payment.

The paymaster shall display, in a conspicuous place at or near the main entrance of the factory and industrial establishments, a notice, in English and in the language of the majority of the persons employed therein, 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.

Rule - 9. Prescribed authority.

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

Rule - 10. Application in respect of fines.

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

(a)      a list in English, in duplicate, clearly defining such acts and omissions;

(b)      in cases where the employer himself does not intend to be the sole person empowered' to impose fines, a list in duplicate showing those appointments in his factory and industrial establishments of which the incumbents may pass orders imposing fines and the class of establishment on which the incumbent of each such appointment may impose fines.

Rule - 11. Approval of list of acts and omissions.

The authority appointed under Rule 9 on receipt of the list prescribed in Rule 10 (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 - 12. Posting of list.

The employer shall display at or near the main entrance of the factory and industrial establishments a copy in English together with a literal translation thereof, in the language of the majority of the persons employed therein of the list approved under Rule 11.

Rule - 13. Persons authorized to impose fines.

No fine may be imposed by any person other than an employer, or a person holding an appointment named in a list submitted under Rule 10.

Rule - 14. Procedure in imposing fines and deductions.

Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss shall explain personally to the said person the act or omission, or damage or loss, in respect of which the fine or deduction is proposed to be imposed and the amount of fines or deduction, which it is proposed to impose, and shall take his explanation, either orally in the presence of at least one other person or in writing, as the employed person may prefer.

Rule - 15. Information to paymaster.

The person imposing a fine or directing the making of a deduction for damage or loss shall, without unnecessary delay, inform the paymaster of all particulars, so that the register prescribed in Rule 3 and Rule 4 may be duly completed.

Rule - 16. Deductions 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 a woman.

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

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

(i)       the period of this notice does not exceed fifteen days or the wage-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 of the termination of that employment;

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

(c)      a notice has been displayed at or near the main entrance of the factory and industrial establishments giving the names of the persons from whom the deduction is proposed to be made, the number of days' wages to be 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 and industrial establishment, it shall be sufficient, in lieu of giving the name of the persons in such departments or sections to specify the department or section affected.

(3)     No deduction for breach of contract shall exceed the wages of the person employed for the period by which the notice of termination of service given falls short of the period of such notice required by the contract of employment.

(4)     If any conditions have been 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.

Rule - 17. 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 the 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 wage-period in respect of which the deduction is made.

(3)     The amounts of all advances sanctioned and the repayments thereof shall be entered in a register in Form III,

Rule - 18. Annual return.

In respect of every factory and industrial establishments a 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.

Rule - 19. Costs.

(1)     Where the authority or the court, as the case may be, directs that any cost shall follow the event, he shall state his reasons for so 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 fees which shall ordinarily be Rs. 10 provided that the authority or the court, as the case may be, in any proceedings, may reduce the fee to a sum not less than Rs. 5 or increase it to a sum not exceeding Rs. 30.

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

Rule - 20.

The authority or the court, as the case may be, may fix fees on the payment of which any person entitled to do so may obtain copies of any documents filed with the authority or the court, as the case may be:

Provided that the authority or the court, as the case may be, may, in consideration of the of the applicant, grant copies free of cost.

Rule - 21. Fees.

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

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

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

Rule - 22. Abstract.

The abstract of the Act and of the rules made thereunder to be displayed under Section 25 shall be in Form V.

Rule - 23. Penalties.

Any breach of Rules 3, 4, 5, 6, 6-A, 6-B, 8, 12, 15 and 18 of these rules shall punishable with fine which may extend to two hundred rupees.