WEST BENGAL MINIMUM WAGES RULES, 1951[1] CHAPTER I Preliminary (1)
These
rules may be called the West Bengal Minimum Wages Rules, 1951. In these rules, unless the context otherwise
requires (a)
"Act"
means the Minimum Wages Act, 1948; (b)
[2]["Committee"]
means a [3][Committee]
appointed under [4][Section
5] and includes a [5][Sub-Committee]
appointed under that section; (c)
"Authority"
means the authority appointed under sub-section (1) of section 20; (d)
"Board"
means the Advisory Board appointed under section 7; (e)
"Chairman"
means the Chairman of the Advisory Board or the Committee as the case may be
appointed under section 9; (f)
"Committee"
means a Committee appointed under clause (a) of sub-section (1) of section 5
and includes a Sub-committee appointed under that section; (g)
"form"
means a form appended to these rules; (h)
"Inspector"
means a person appointed as Inspector under section 19; (i)
"registered
trade union" means a trade union registered under the Indian Trade Unions
Act, 1926; (j)
"section"
means a section of the Act; and (k)
all
other words and expressions used herein and not defined shall have the meaning
respectively assigned to them under the Act. CHAPTER II
Members and Staff, and Meetings of the Board and Committee The terms of office of the members of the
Committee shall be such as in the opinion of the State Government is necessary
for completing the enquiry into the scheduled employment concerned and the
State Government may, at the time of the constitution of the Committee, fix
such terms and may, from time to time, extend it as circumstances may require. [6][Provided that a
person nominated to be a member of a Committee subsequent to its constitution
shall hold office for the remaining period of the term of office of the members
who were first appointed to such Committee.] (1)
Save
as otherwise expressly provided in these rules, the term of office of a
non-official member of the Board shall be two years commencing from the date of
his nomination : Provided that such member shall,
notwithstanding the expiry of the said period of two years, continue to hold
office until his successor is nominated. [7][Provided further
that a non-official member nominated to be a member of the Board subsequent to
its constitution shall hold office for the remaining period of the term of
office of the non-official members who were first appointed to such Board.] (2)
A
non-official member of the Board nominated to fill a casual vacancy shall hold
office for the remaining period of the term of office of the member in whose
place he is nominated. (3)
The
official members of the Board shall hold office during the pleasure of the
State Government. If a member is unable to attend a meeting of
the Committee or the Board, the State Government or the Body which nominated
him may, by notice in writing signed on its behalf addressed to the Chairman of
the said Committee or the Board, nominate a substitute in his place to attend
that meeting. Such a substitute member shall have all the rights of a member in
respect of that meeting.][8] A non-official member of the Committee or the
Board shall be entitled to draw travelling and halting allowances for any
journey performed by him in connection with his duties as such member in
accordance with the rules laid down in Appendix I of the West Bengal Service
Rules, Part II. (1)
The
State Government may appoint a Secretary to the Committee or the Board, and
such other staff as it may think necessary, and may fix the salaries and
allowances payable to them and specify their conditions of service. (2)
(i)
The Secretary shall be the Chief Executive Officer of the Committee or the Board,
as the case may be. He may attend the meetings of such Committee or Board but
shall not be entitled to vote at such meetings. (ii) The Secretary shall assist the Chairman
in convening meetings and shall keep a record of the minutes of such meetings and
shall take necessary measures to carry out the decisions of the Committee or
the Board as the case may be. An out-going member shall be eligible for
renomination for the membership of the Committee or the Board, of which he was
a member. [9][(1) A member of the
Committee or the Board, otherwise than the Chairman may, by giving notice in
writing to the Chairman, resign his membership. The Chairman may resign by a
letter addressed to the State Government. (2) A resignation shall take effect from the date
of communication of its acceptance or on the expiry of thirty days from the
date of resignation, whichever is earlier]. (3) When a vacancy occurs or is likely to occur in
the membership of the Committee or the Board, the Chairman shall submit a
report to the State Government immediately. The State Government shall then
take steps to fill the vacancy. (1)
If
a member of the Committee or the Board fails to attend three consecutive
meetings he shall, subject to the provisions of sub-rule (2), cease to be a
member thereof. (2)
A
person, who ceases to be a member under sub-rule (1), shall be given intimation
of such cessation by a letter sent to him by registered post within fifteen
days from the date of such cessation/The letter shall indicate that if he
desires restoration of his membership, he may apply there for within thirty
days from the receipt of such letter. The application for restoration of
membership, if received within the said period, shall be placed before the
Committee or the Board, as the case may be, and if a majority of members
present at the next meeting is satisfied that the reasons for failure to attend
three consecutive meetings are adequate, the person shall be restored to
membership immediately after a resolution to that effect is adopted. (1)
A
person shall be disqualified for being nominated as, and for being a member of
the Committee or the Board, as the case may be (i)
if
he is declared to be of unsound mind by a competent court; or (ii)
if
he is an undischarged insolvent; or (iii)
if
before or after the commencement of the Act, he has been convicted of an
offence involving moral turpitude. (2)
If
any question arises whether a disqualification has been incurred under sub-rule
(1) the decision of the State Government thereon shall be final. The Chairman may, subject to the provisions
of rule 12, call a meeting of the Committee or the Board, as the case may be,
at any time he thinks fit : Provided that on a requisition in writing
from not less than one-half of the members the Chairman shall call a meeting
within fifteen days from the date of the receipt of such requisition. The Chairman shall fix the date, time and
place of every meeting, and a notice in writing containing the aforesaid particulars
along with a list of business to be conducted at the meeting shall be sent to
each member by registered post at least fifteen days before the date fixed for
such meeting : Provided that in the case of an emergent
meeting, notice of seven days only may be given to every member. (1)
The
Chairman shall preside at the meetings of the Committee or the Board, as the
case may be. (2)
In
the absence of the Chairman at any meeting the members shall elect from amongst
themselves one member, by a majority of votes, who shall preside at such
meeting. No business shall be transacted at any
meeting unless at least one-third of the members of which at least one
representative of the employers and one representative of the employees are
present: Provided that when at any meeting no
representative of the employers or employees has turned up or less than
one-third of the members are present, the Chairman may adjourn the meeting to a
date not later than seven days from the date of the original meeting and it
shall thereupon be lawful to dispose of the business at such adjourned meeting,
irrespective of the number or class of members present].[10] All business shall be considered at a meeting
of the Committee or the Board, as the case may be, and shall be decided by a
majority of the votes of the members present and voting. In the event of an
equality of votes the Chairman shall have a casting vote : Provided that the Chairman may, if he thinks
fit, direct that any matter shall be decided by the circulation of necessary
papers and securing written opinion of the members : Provided further that no decision on any
matter which is referred under the preceding proviso shall be taken, unless
supported by not less than a two-thirds majority of the members. Voting shall ordinarily be by show of hands,
but if any member asks for voting by ballot, or if the Chairman so decides, the
voting shall be by secret ballot and shall be held in such manner as the
Chairman may decide. (1)
The
proceedings of each meeting showing inter alia the names of the members present
thereat shall be forwarded to each member and to the State Government as soon
after the meeting as possible and in any case, not less than seven days before
the next meeting. (2)
The
proceedings of each meeting shall be confirmed with such modifications, if any,
as may be considered necessary at the next meeting. CHAPTER III Summoning of
Witnesses by the Committee, and the Board and Production of Documents (1)
A
Committee or the Board may summon any person to appear as a witness in the
course of an enquiry. Such summons may require a witness to appear before it on
a date specified therein and to produce any books, papers or other documents
and things in his possession or under his control relating to in any manner to
the enquiry. (2)
A
summons under sub-rule (1) may be addressed to an individual or an organisation
of employers or a registered trade union of workers. (3)
A
summons under this rule may be served (i)
in
the case of an individual, by being delivered or sent to him by registered
post; (ii)
in
the case of an employers' organisation or a registered trade union of workers
by being delivered or sent by registered post to the Secretary or other
principal officer of the organisation or union, as the case may be. (4)
The
provisions of the Code of Civil Procedure, 1908, relating to the summoning and
enforcement of the appearance of witness and the production of documents shall,
so far as may be, apply to proceedings before a Committee or the Board. (5)
All
books, papers and other documents or things produced before a Committee or the
Board in pursuance of summons under sub-rule (1) may be inspected by the
Chairman and independent members and also by such parties as the Chairman may
allow with the consent of the other party; but the information obtained
therefrom shall not be made public : [11][Provided that
nothing contained in this rule shall apply to a disclosure of any such
information for the purpose of a prosecution under section 193 of the Indian
Penal Code (45 of 1860)]. Every person who is summoned and appears as a
witness before the Committee or the Board shall be entitled to an allowance for
expenses incurred by him in accordance with the scale for the time being in
force for payment of such allowances to witness appearing in civil courts in
the State. CHAPTER IV Computation and
Payment of Wages The average retail prices in the district or
sub-divisions where the place of employment is situated shall be taken into
account in computing the cash value of wages paid in kind and of essential
commodities supplied at concession rates. This computation shall be made in
accordance with such directions as may be issued by the State Government from
time to time. (1)
(i)
The wage period with respect to any scheduled employment for which wages have
been fixed shall not exceed one month and the wages of a worker in such
employment shall be paid on a working day (a)
in
the case of establishments in which less than one thousand persons are employed
before the expiry of the seventh day, and (b)
in
the case of other establishments before the expiry of the tenth day, after the
last day of the wage period in respect of which the wages are payable. (ii) Where the employment of any person is
terminated by or on behalf of the employer, the wages earned by him shall be
paid before the expiry of the second working day after the day on which his
employment is terminated. (iii) The wages of an employed persons shall
be paid to him without deduction of any kind except those authorised by or
under these rules. Explanation .Every payment made by the
employed person to the employer or his agent shall, for the purposes of these
rules, be deemed to be a deduction from wages. (2)
Deductions
from the wages of a person employed in a scheduled employment shall be of one
or more of the following kinds, namely, [12][(i) Fines in respect of such acts and omissions of
the part of employed persons as may be specified by the State Government by
general or special order in this behalf]. (ii) Deductions for absence from duty. (iii) 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. [13][(iv) Deductions for
house accommodations supplied by the employer, or by the State Government or by
any authority constituted by the State Government for providing housing
accommodation and for land for cultivation supplied by the employer] (v) Deductions for such amenities and services
supplied by the employer as the State Government may by general or special
order authorise. Explanation. The words "amenities"
and "services" in this clause do not include the supply of tools and
protectives required for the purposes of employment. (vi) Deductions for recovery of advances or for
adjustment of overpayment of wages: Provided that such advances do not exceed an
amount equal to wages for two calendar months of the employed person and, in no
case, shall the monthly instalment of deduction exceed one-fourth of the wages
earned in that month. (vii) Deductions of income-tax payable by the
employed person. (viii) Deductions required to be made by order of a
court or other . competent authority. (ix) Deductions for subscriptions to, and for
repayment of advances from any provident fund to which the Provident Fund Act,
1925, applies or any recognised provident fund as defined in section 58A of the
Indian Income-tax Act, 1922, or any provident fund approved in this behalf by
the State Government during the continuance of such approval. [14][(x) Deductions for
payment to co-operative societies or deductions made with the written
authorisation of the person employed, for payment of any premium of his Life
Insurance Policy to the Life Insurance Corporation of India established under
the Life Insurance Act, 1956 (31 of 1956).] [15][(xi) Deductions for
recovery or adjustment of amount other than wages paid to the employed
person in error or in excess of what is due to him: Provided that the prior approval of the
Inspector or any other officer authorised by the State Government in this
behalf is obtained in writing before making the deductions, unless the
employed person gives his consent in writing to such deductions.] (3)
Any
person desiring to impose a fine on an employed person or to make a deduction
for damage or loss caused by him shall explain to him in writing the act or
omission or the damage or loss, in respect of which the fine or deduction is
proposed to be imposed or made and give him an opportunity to offer any
explanation in the presence of another person. The amount of the said fine or
deduction shall also be intimated to him in writing. [16][(4) The amount of
fine or deduction mentioned in sub-rule (3) shall be such as may be specified
by the State Government. All such deductions and all realisations thereof shall
be recorded in a register maintained in Forms I, II and III, as the case may
be. These registers shall be kept at the work-spot and maintained up-to-date.
Where no fine or deduction has been imposed or made, in a wage period, a nil
entry shall be made in the relevant register at the end of the wage period.] [17][(4A) Every employer
shall send annually a return in Form III to the Labour Commissioner, West
Bengal, as well as to the Inspector of the area concerned, so as to reach them
not later than the 1st February, following the year to which it relates.] (5) The amount of fine imposed under sub-rule (3)
shall be utilised in accordance with the directions of the State Government. (6) Nothing in this rule shall be deemed to affect
the provisions of the Payment of Wages Act, 1936. (1)
Notices
in Form XIII containing the minimum rates of wages fixed together with extracts
from the Act and the rule made thereunder and the name and address of the
Inspector shall be displayed in English and in a language understood by the
majority of the workers in the employment at the main entrance to the
establishment and at its office in a clean and legible condition. (2)
In
addition to the notices under sub-rule (1) every employer of Public Motor
Transport shall exhibit a notice in Form XII duly filled in and signed, on
every public motor vehicles owned by him.][18] [19][(1) A register of
wages shall be maintained by every employer which shall include the following
particulars, namely : (a)
the
minimum rates of wages payable to each employed person; (b)
number
of days for which each employed person worked overtime for each wage period; (c)
the
gross wages of each person employed for each wage period; (d)
all
deductions made from wages, with an indication, in each case, of the kinds of
deductions mentioned in sub-rule (2) of rule 21; (e)
the
wages actually paid to each employed person for each wage period and the date
of payment.] (2) Every employer shall get the signature or the
thumb impression of every person employed on the wage books. (3) Entries in the wage books shall be
authenticated by the employer or any person authorised by him in this behalf. [20][(4) An Overtime
Register in Form IV shall be maintained by every employer. Where no overtime
wages are paid in a wage period, a nil entry shall be made in the Overtime
Register at the end of the wage period.] (5) A Muster Roll shall be maintained by every
employer and kept in Form V. [21][(6) A Register of Employees shall be maintained by
every employer at the work spot in Form XIV.] All registers and records for the preceding
three years shall be preserved and produced on demand before the Inspector: Provided that where an establishment has been
closed, the inspector may demand the production of the registers and records in
his office or such other public place as may be nearer to the employer][22] CHAPTER V Claims under the
Act An application under sub-section (2) of
section 20 or sub-section (1) of section 21, by or on behalf of an employed
person or group of employed persons, shall be made in duplicate in Forms VI and
VII, as the case may be. The authorisation to act on behalf of an
employed person or persons, under sub-section (2) of section 20 or of
sub-section (1) of section 21 shall be given in Form VIII by an instrument
which shall be presented to the Authority hearing the application and shall form
part of the record. (1)
If
an application under sub-section (2) of section 20 or section 21 is
entertained, the authority shall serve upon the employer by registered post a
notice in Form IX to appear before him on a specified date with all relevant
documents and witnesses, if any, and shall inform the applicant of the date so
specified. (2)
If
the employer or his representative fails to appear on the specified date, the
Authority may hear and determine the application ex parte. (3)
If
the applicant or his representative fails to appear on the specified date, the
Authority may dismiss the application. (4)
An
order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient
cause being shown by the defaulting party within one month of the date of the
said order, and the application shall then be re-heard after service of notice
on the opposite party of the date fixed for re-hearing, in the manner specified
in sub-rule (1). (1)
Any
amount directed to be paid under section 20 may be deposited with the authority
along with a statement in Form X. (2)
When
any deposit is made under sub-rule (1), the authority shall grant a receipt in
Form XI for the amount so deposited and this receipt shall be a sufficient
discharge in respect of any amount deposited with him : Provided that the said receipt in Form XI may
be signed under the direction of the authority and on his behalf by any officer
subordinate to him, appointed by him in writing for this purpose. (3)
Any
sum deposited with the authority under sub-rule (1), or recovered under
sub-section (5) of section 20 shall, on application, be paid by the authority
to the person entitled thereto.][23] CHAPTER VI Scale of Costs in
Proceedings under the Act (1)
The
authority, for reasons to be recorded in writing, may direct that the costs of
any proceeding pending before it shall not follow the event. (2)
The
costs which may be awarded shall include (i)
expenses
incurred on account of court-fees; (ii)
expenses
incurred on subsistence money to witnesses; and (iii)
pleaders'
fees to the extent of ten rupees provided that the authority in any proceeding
may reduce the fees to a sum not less than five rupees or for reasons to be
recorded in writing increase it to a sum not exceeding twenty-five rupees. (3)
Where
there are more than one pleader or more than one applicant or opponent the
authority may, subject as aforesaid, award to the successful party or parties
such costs as it may deem proper. The court-fee payable in respect of proceedings
under section 20 shall be (i)
for
every application to summon a witnessone rupee in respect of each witness; (ii)
for
every application made by or on behalf of an individualone rupee; and (iii)
in
the case of an application presented under the said section to the authority by
a number of employeestwo rupees : Provided that the authority may, if in its
opinion the applicant is a pauper, exempt him wholly or partly from the payment
of such fees : Provided further that no fee shall be
chargeable (a)
from
persons employed in Agriculture; or (b)
in
respect of an application made by an Inspector. [24][CHAPTER
VII]
Miscellaneous These rules shall not apply in relation to
any scheduled employment in so far as there are rules in force applicable to
such employment, which in the opinion of the State Government make equally
satisfactory provisions for matters dealt with by these rules. [1] Published vide
Notification No. 8073-Lab/112-17/51, dated 3rd December, 1951. [2] The words
"Committee" and "Sub-Committee" substituted for the words
"Advisory Committee" and "Advisory Sub-Committee" wherever
they occurred by Notification No. 1141-LW/LW/II-22/62, dated 20th May. 1963. [3] The words
"Committee" and "Sub-Committee" substituted for the words
"Advisory Committee" and "Advisory Sub-Committee" wherever
they occurred by Notification No. 1141-LW/LW/II-22/62, dated 20th May. 1963. [4] Subs, for the word and
figure "Section 6" by Notification No. 1141-LW/LW/II-22/62, dated
20th May. 1963. [5] The words
"Committee" and "Sub-Committee" substituted for the words
"Advisory Committee" and "Advisory Sub-Committee" wherever
they occurred by Notification No. 1141-LW/LW/II-22/62, dated 20th May. 1963. [6] Added by Notification
No. 1791-LW/LW/SS/1A-45/67, dated 23rd August, 1967. [7] Ins. by Notification
No. 1141-LW/LW/1R-22/62, dated 20th May, 1963. [8] Subs.
by Notification No. 1141-LW/LW/1R-22/62, dated 20th May, 1963. [9] Ins. by Notification
No. 1141-LW/LW/1R-22/62, dated 20th May, 1963. [10] Added by Notification
No. 38-LW/LW/1R-11/70, dated 14th January, 1971. [11] Added by Notification
No. 38-LW/LW/1R-11/70, dated 14th January, 1971. [12] Subs. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [13] Subs. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [14] Subs. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [15] Ins. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [16] Subs. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [17] Subs. by Notification
No. 405-LW, dated 20th February, 1973. [18] Subs. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [19] Subs. by Notification
No. 695-LW/LW/1R-35/64, dated 3rd June, 1964. [20] Subs. by Notification
No. 695-LW/LW/1R-35/64, dated 3rd June, 1964. [21] Added by Notification
No. 38-LW/LW/1R-11/70, doted 14th January, 1971. [22] Ins. by Notification
No. 1141-LW/LW/1R-22/62. dated 20th May. 1963. [23] Ins. by Notification
No. 4377-LW/LW/1R-23/57, dated 29th September. 1958. [24] Added by Notification
No. 1141-LW/LW/1R-22/62, dated 20th May, 1963.WEST
BENGAL MINIMUM WAGES RULES, 1951