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ms-28   Explain the concept, origin and objectives of Labour Legislations. Describe the regulative protective and wage related labour legislations which have been followed in an organisation you are familiar with. Briefly describe the organisation you are referring to.

2.   Explain the scope and coverage of the Mines Act, 1952. Describe the enforcement of the Act. Discuss the provisions regarding working hours for adults under the Act.   

3.   Explain the principal objectives, scope and coverage of the Industrial Disputes Act, 1947-1. Describe the various machineries for investigation and settlement of disputes under the Act.

4.   Explain the objective, scope and coverage of the Payment of Wages Act, 1936. Describe the rules for the Payment of Wages regarding the responsibility for payment. Does this Act create the legal right of workers to receive their earned wages?

5.   Explain genesis, scope, coverage and definitions of the Workmen’s Compensation Act, 1923. Discuss what are the circumstances under which the employer is not liable to pay compensation for injury to a workman? What are the various benefits payable under the Act?

Answer
HERE  IS  SOME  SOME  USEFUL MATERIAL.
SOME  ANSWERS  HELD  BACK  DUE TO  SPACE CONSTRAINT.
PLEASE  FORWARD  THESE  BALANCE  QUESTIONS  TO  MY  EMAIL  ID   
leolingham2000@gmail.com.
I  will send  the balance  asap.
Regards
LEO  LINGHAM
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1]Explain the concept, origin and objectives of Labour Legislations. Describe the regulative protective and wage related labour legislations which have been followed in an organisation you are familiar with. Briefly describe the organisation you are referring to.
THE WORLD is whirling forward holding the standard of advance as industrialisation. Industry, be it in the public, private or joint sector, involves employer and employee, and progress postulates harmony and justice in
industrial relations. Whether the system is capitalist or socialist or other, if friction and break-down afflict the smooth working of the industry, flames
of strike and lock-out will spoil or stall production and victimise society which is the ultimate beneficiary of satisfactory industrial discipline and
consequent flow of goods and services. These are basics but legal problems arise, where a clash or brush breaks out, the management takes disciplinary
action against workers or the workers go on lightning strike and paralysis in the factory creates a crisis. The function of the law is to intervene and, by a
justice process, resolve the dispute. ``Hire and fire'' is not our jurisprudence.
Even so, lawlessness is anathema.
What then are the parameters of mutual discipline and procedural norms?
Complex questions, puzzlesome situations and involvement of conciliation, arbitration and other alternatives have to be resorted to. The subject is
critical, the battle is marked by obdurate tension and, when things hot up, explosive aberrations mar reasonable settlements. Everything about the play of natural justice and enquiry into workers' conduct has to be regulated by
law.

Principles of natural justice
principles of social justice, social equity, social security and national economy in their concept.

Social justice implies two things.
First, equitable distribution of profits and other benefits of industry between owner and workers. Second, providing protection to workers against harmful
effect to their health, safety and morality. Social equality provides the flexibility in labour legislations to adjust to the' need of the industrial society. Social security envisages collective action against social risks which
constitute the crux of the labour legislation.
National Economy provides the standards to be set for the labour legislations.
Human Rights principles and human dignity postulates provide the broader base for the concept of labour legislations.
Thus, these principles are the fundamentals for understanding the concept of Labour jurisprudence.
The origin of labour legislation is the history of continuous and relentless struggle for emancipation of working class from cloches of aggressive capitalism. The struggle was between two unequals. The contract between
capital and labour could never be struck on equitable terms. The social scientists interpreted this struggle in different ways. The point, however, was
to change it. The change contemplated was one of transforming a slave into partner and thereby bridle the power of capital to impose its own terms on
the workmen.
Various factors helped this process to take place. The struggle was not easy.
Numerous forces, directly and indirectly, hastened the pace facilitating the passing of labour friendly legislation.
The origin of labour legislation lies in the excesses of the early industrialism that followed Industrial Revolution. The early phase of industrialisation in the capitalist countries of the world was an era of unbridled individualism,
freedom of contract and the laissez-faire, and was characterised by excessive hours of work, employment of young children under very unhygienic and
unhealthy conditions, payment of low-wages and other excesses. Naturally, such excesses could not have continued for long without protest and without
demand for reforms. The early Factories Acts flowed from these excesses and manifested the desire of the community in general to protect its weaker
section against exploitation. The workers had very little legal protection available. Therefore, it can be safely said that the labour legislations are the
natural children of industrial revolution.


Labour Laws may be classified under the following heads:
I. Laws related to Industrial Relations such as:
 Trade Unions Act, 1926
 Industrial Employment Standing Order Act, 1946.
 Industrial Disputes Act, 1947.
II. Laws related to Wages such as:
 Payment of Wages Act, 1936
 Minimum Wages Act, 1948
 Payment of Bonus Act, 1965.
III. Laws related to Working Hours, Conditions of Service and Employment such as:
 Factories Act, 1948.
 Plantation Labour Act, 1951.
 Mines Act, 1952.
 Working Journalists and other Newspaper Employees’ (Conditions of Service and Misc. Provisions) Act, 1955.
 Merchant Shipping Act, 1958.
 Motor Transport Workers Act, 1961.
 Beedi & Cigar Workers (Conditions of Employment) Act, 1966.
 Contract Labour (Regulation & Abolition) Act, 1970.
 Sales Promotion Employees Act, 1976.
 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
 Dock Workers (Safety, Health & Welfare) Act, 1986.
 Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996.
IV. Laws related to Equality and Empowerment of Women such as:
   Maternity Benefit Act, 1961
   Equal Remuneration Act, 1976.
V. Laws related to Deprived and Disadvantaged Sections of the Society such as:
   Bonded Labour System (Abolition) Act, 1976
   Child Labour (Prohibition & Regulation) Act, 1986
   Children (Pledging of Labour) Act, 1933
VI. Laws related to Social Security such as:
   Workmen’s Compensation Act, 1923.
   Employees’ State Insurance Act, 1948.
   Employees’ Provident Fund & Miscellaneous Provisions Act, 1952.
   Payment of Gratuity Act, 1972.



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Introduction:

The term 'Labour Legislasion' is - used to cover all the laws which have been enacted to deal with" employment and non-employment" wages, working conditions, industrial relations, social security and welfare of persons employed in industries.

The term `labour legislation' is In India, labour legislation is treated as an arm of the State for the regulation of working and living conditions of workers.Organized industry in a planned economy calls for theØspirit of co-operation and mutual dependence for attaining the common purpose of greater, better and cheaper production. Since this has not been happeningØvoluntarily, the need for State intervention.



Need for labour legislation in India:

The need for labour legislation may be summarized as under:

• Necessary for the health, safety, and welfare of workers;
• Necessary to protect workers against oppressive terms as individual worker is economically weak and has little bargaining power;
• To encourage and facilitate the workers in the organization;
• To deal with industrial disputes;
• To enforce social insurance and labour welfare schemes.



Objectives:
The objectives of labour legislations areØ two-fold:


• Preservation of the health, safety and welfare of workers; and
• Maintenance of good relations between employers and employees.
Principles of labour legislation:


Social Justice:


. The essence of democracy is ensuring social justice to all sections of the community.

• This demands the protection of those who cannot protect themselves.


• In modern industrial set-up, workers, left to themselves, are unable to protect their interest.

• Therefore, the State has to intervene to help them by granting them freedom of association, the power of collective bargaining and by providing for mediation or arbitration in the case of industrial conflict.


Social Equity:

. Legislation based on this principle provides for achievement of definite standards.


• Standards in terms of living, position in society etc. of the working population.

• These standards for the working class can be achieved by bringing about changes in the Law of our land.

• Power to change the Law is exercised by the government.

• Existing laws may be amended to meet the changed standards.


National Economy:


Measures have to be provided through legislation to:
• Ensure normal growth of industry for the benefit of the nation as a whole;


• Satisfy the physical and intellectual needs of the citizens;

Ensure the growth of industrial efficiency such as to adjust the wage system with a view to increase the productivity and prosperity of the workers.



International Uniformity:


• Since its inception, securing minimum standards (for the working population – worldwide) on a uniform basis in respect of all labour matters has been the main objective of ILO.

• To this end, conventions are passed at the conferences of ILO.

• As a member of the ILO, adopting these conventions would require appropriate legislation to be brought about.

• The influence of international labour conventions has been significant in shaping the course of labour legislation in India
The organisation I am  referring to

The  organization, I am  familiar  with  is  a
-a  large  manufacturer/ marketer of  safety products
-the products  are  used  as  [personal  protection safety] [ industrial  safety]
-the products  are  distributed through  the distributors as well as  sold directly
-the  products  are  sold  to various  industries like  mining/fireservices/defence/
as  well  as  to  various  manufacturing  companies.
-the  company employs  about  235  people.
-the  company  has  the following  functional   departments
*marketing
*manufacturing
*sales
*finance/ administration
*human resource
*customer  service
*distribution
*warehousing/  transportation
*TQM  
POLICIES   INCLUDE
1.minimum  wage  as  per  the  government  regulations.
2.no  discrimination  between  male/female  employees  regarding  wages.
3.employees  receive annually  one  month  salary  as  bonus.
4.female  employees  receive  all  maternity  benefits  as  per  the  regulations.
5.employees  are  free to  join  the  trade  union.
6.by  regulations,  all  employees  are  bound  to  wear  safety  gears   as required.
7.all  employees  receive  safety  training, every  year.
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3]Explain the principal objectives, scope and coverage of the Industrial Disputes Act, 1947-1. Describe the various machineries for investigation and settlement of disputes under the Act.
Object of the Act
Provisions for investigation and settlement of industrial disputes and for certain other purposes.

Important Clarifications
Industry – has attained wider meaning than defined except for domestic employment, covers from barber shops to big steel companies.          Sec.2(I)
Works Committee–Joint Committee with equal number of employers and employees’ representatives for discussion of certain common problems.          Sec.3
Conciliation–is an attempt by a third party in helping to settle the disputes          Sec.4
Adjudication – Labour Court, Industrial Tribunal or National Tribunal to hear and decide the dispute.         Secs.7,7A & 7B
Power of Labour Court to give Appropriate Relief
Labour Court/Industrial Tribunal can
Modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement.  Sec.11A
Right of a Workman during Pendency of Proceedings in High Court
Employer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher Courts.          Sec.17B
Persons Bound by Settlement
•   When in the course of conciliation proceedings etc., all persons working or joining subsequently.
•   Otherwise than in course of settlement upon the parties to the settlement.          Sec.18
Period of Operation of Settlements and Awards
•   A settlement for a period  as agreed by the parties, or
•   Period of six months on signing of settlement.
•   An award for one year after its enforcement.       Sec.19
Notice of Change
21 days by an employer to workmen about changing the conditions of service as provided in Ivth Schedule.  Sec.9A
Prior Permission for Lay off
When there are more than 100 workmen during proceeding 12 months.   Sec.25-M
Lay off Compensation
Payment of wages except for intervening weekly holiday compensation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days in a year.          Sec.25-C

Prohibition of Strikes & Lock Outs
•   Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking.
•   Within fourteen days of giving such notice.
•   Before the expiry of the date of strike specified in any such notice as aforesaid.
•   During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
•   During the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings.
•    During the pendency of proceedings before a Labour Court, Tribunal or National
•   Tribunal and two months, after the conclusion of such proceedings.
•   During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under Sub-Section(3A) of section 10A
•   During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.          Secs.22&23

Prior Permission by the Government for Retrenchment
•   When there are more than 100 (in UP 300 or more) workmen during preceding 12 months.
•   Three months’ notice or wages thereto.
•   Form QA
•   Compensation @ 15 days’ wages.          Sec. 25-N
Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings
•   Not to alter to the prejudice of workmen concerned the condition of service.
•   To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge or punish a protected workman connected with the dispute.
•   To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33
Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in fifth schedule
Both the employer and the Union can be punished. Sec.25-T
Retrenchment of Workmen Compensation & Conditions
•   Workman must have worked for 240 days.
•   Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last drawn wages
•   One month’s notice or wages in lieu thereof.
•   Reasons for retrenchment
•   Complying with principle of ‘last come first go’.
•   Sending Form P to Labour Authorities.
Closure of an Undertaking
60 days’ notice to the labour authorities for intended closure in Form QA.  Sec.25FFA
Prior permission atleast 90 days before in Form O by the Government when there are 100 ore more workmen during preceding 12 months (in UP 300 or more workmen) Sec.25-O
Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings
•   Not to alter to the prejudice of workmen concerned the condition of service.
•   To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge or punish a protected workman connected with the dispute.
•   To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33

PENALTIES          Offence
Committing unfair labour practices
Illegal strike and lock-ourts
Instigation etc. for illegal  strike or lock-outs.
Giving financial aid to  illegal strikes and  lock-outs.   
Breach of  settlement or award
Disclosing  confidential information  pertaining to Sec.21
Closure without 60 days’ notice under Sec.25 FFA
Contravention of Sec.33 pertaining  to change of  conditions of
Service during pendency of dispute etc.  
When no penally is provided for contravention
Sec.25-U
26
27
28
29
30
31A


31

<Punishment
Imprisonment of upto 6 months or with fine upto Rs.3,000.
Imprisonment upto one month or with fine upto Rs.50(Rs.1000 for lock-out) or with both.
Imprisonment upto 6  months or with fine upto Rs.1,000
Imprisonment for 6 months or with fine upto Rs.1,000
Imprisonment upto 6 months or with fine.On continuity of offence fine uptoRs.200 per day
Imprisonment upto 6 months or with fine upto Rs.1,000
Imprisonment upto 6 months or with fine upto Rs.5,000
Imprisonment upto 6 months or fine upto Rs.1,000.     Fine upto Rs.100





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4]Explain the objective, scope and coverage of the Payment of Wages Act, 1936. Describe the rules for the Payment of Wages regarding the responsibility for payment. Does this Act create the legal right of workers to receive their earned wages?

   Payment of Wages Act, 1936
   Applicability
   It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration, and to persons employed in an industrial or other establishment specified.
   Responsibility for payment of wages
     Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act:
     Provided that, in the case of persons employed (otherwise than by a contractor)-
(a)   in factories, if a person has been named as the manager of the factory
(b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments

(c) upon railways (otherwise than in factories), if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned.
The person so named, the person. so, responsible to the employer, or the person so nominated, as the case may be; [shall also be responsible] for such payment.
   Fixation of wage-periods.
(1)   Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage periods) in respect of which such wages shall be payable.
(2) No wage period shall exceed one month.
   Time of payment of wages
    (1) The wages of every person employed upon or in-
   (a) any railway, factory or industrial or other establishment] upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day,
    (b) any other railway, factory or industrial or other establishment, shall be paid before the expiry of the tenth day, after the last day of the wage period in respect of which the wages are payable:
   (c) in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.
 (2) 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 from the day on which his employment is terminated
   (3) Where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognized holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.
  (4) All payments of wages shall be made on a working day.
   Wages to be paid in current coin or currency*notes.
   All wages shall be paid in current coin or currency notes or in both:
   Provided that the employer may, after obtaining the written authorization of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account
   Maintenance of registers and records.
   (1) Every employer shall maintain such registers and records giving such particulars of persons employed. by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
  (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.
   Inspectors.
    (1) An Inspector of Factories appointed under Factories Act, 1948 shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.
    (2) The [State Government] may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies.
     (3) The State Government may, by notification in the Official Gazette appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and 'may define the local limits within which and the class of factories and industrial or other establishments in respect of which they shall exercise their functions.
    (4) An Inspector may,-
    (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made there under are being observed;
    (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or [industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act;
    (c) supervise the payment of wages to persons employed upon any railway or in any factory or industrial or other establishment;
    
    (d) require by a written order the production at, such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or other wise statements of any persons which he may, consider necessary for carrying out the put-poses of this Act;
    (e) seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which lie has reason to believe has been committed by an employer;
     (f) exercise such other powers as may be prescribed:
   No person shall be compelled under this section to answer any question or make any statement tending to incriminate himself.
   Penalty for offences under the Act.
  Whoever being responsible for the payment of wages to an employed person contravenes both inclusive, shall be punishable with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees or five hundred rupees
(3) Whoever being required under this Act to maintain any records or registers or to furnish any information or return
(a) fails to maintain such register or record; or
(b) willfully ref uses or without lawful excuse neglects to furnish such information or return; or
(c) willfully furnishes or causes to be furnished any information or return which he knows to be false; or
  (d) refuses to answer or willfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act;
   Shall, for each such offence, be punishable with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees.
  (4) Whoever¬
   (a) willfully obstructs an Inspector in the discharge of his duties under this Act; or
   (b) refuses or willfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any railway, factory or [industrial or other establishment]; or
   (c) willfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or
   (d) prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act.
   
    shall be punishable with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees].
   (5) If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which shall not be less than one month but which may extend to six months and with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees
   
  (6) If any person fails or willfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to one hundred rupees for each day for which such failure or neglect continues.

DEDUCTIONS  WHICH  MAY MADE  FROM  THE  WAGES

7-   (1)   Notwithstanding the provisions of sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890), the wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act. 1*[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. 2*[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, such damage or loss is directly attributable to his neglect or default;
       3*[(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 1*** State Government 2*[or any officer specified by it in this behalf] may, by general or special order, authorise. Explanation.--The word "services" in 3*[this clause] does not include the supply of tools and raw materials required for the purposes of employment;
       4*[(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 loans made from any fund 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 recognised provident fund as defined in section 58A of the Indian Income-tax Act, 1922 (11 of 1922), or any provident fund approved in this behalf by the State Government, during the continuance of such approval;
       (j)   deductions for payments to co-operative societies approved by the State Government 2*[or any officer specified by it in this behalf] or to a scheme of insurance maintained by the Indian Post Office; 6*[and]





       (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.]]
       3*[(kk)   deductions made, with the written authorisation of the person, for the payment of his contribution to any fund by the employer or a trade union registered under the Trade Unions Act, 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;]
       4*[(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, wharfage and cranage 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;]
       (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;]
       6*[(q)   deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.]


   4*[(3)   Notwithstanding anything contained in this Act, the total amount of deductions 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) sub-section (2), seventy-five per cent of such wages, and



       (ii)   in any other case, fifty per cent. of such wages: Provided that where the total deductions authorised under sub-section (2) exceed seventy-five per cent, or, as the case may be, fifty per cent. 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 the Indian Railways Act, 1890 (9 of 1890).]


8-   Fines.


   (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 1*[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 instalments or after the expiry of sixty 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 1*[industrial or other establishement] 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.





Deductions for absence from duty



9-   (1)   Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.
        
   (2)   The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made a larger proportion than the period for which he was absent bears to the total period, within such wage-period, during which by the terms of his employment, he was required to work: Provided that, subject to any rules made in this behalf by the State Government, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may be any such terms be due to the employer in lieu of due notice. 1*[Explanation.--For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]


10-   Deductions for damage or loss.


   2*[(1)   A deduction under clause (c) or clause (o) of sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person.
   (1A)   A deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (o) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions.]



   (2)   All such deductions 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.

11-   Deductions for services rendered.
   A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as 1*** the State Government may impose.
    
    


Deductions for recovery of advances



12-   Deductions under clause (f) of sub-section (2) of section 7 shall be subject to the following conditions, namely –


       (a)   recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wage-period, but no recovery shall be made of such advances given for travelling-expenses;
       2*[(aa)   recovery of an advance of money given after employment began shall be subject to such conditions as the State Government may impose;]
       (b)   recovery of advances of wages not already earned shall be subject to any rules made by the State Government regulating the extent to which such advances may be given and the instalments by which they may be recovered.


   3*[12A.   Deductions for recovery of loans.
       7 shall be subject to any rules made by the State Government regulating the extent to which such loans may be granted and the rate of interest payable thereon.]

13-   Deductions for payments to co-operative societies and insurance schemes.
   Deductions under clause (j) 4*[and clause (k)] of sub-section (2) of section 7 shall be subject to such conditions as the State Government may impose.

   5*[13A.   Maintenance of registers and records.


   (1)   Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.


   (2)   Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]




Inspectors



14-   (1)   An Inspector of Factories appointed under 1*[sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.
   (2)   The State Government may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies.
   (3)   The State Government may, by notification in the Official Gazette, appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act, and may define the local limits within which and the class of factories and 2*[industrial or other establishments] in respect of which they shall exercise their functions.
   3*[(4)   An Inspector may –


       (a)   make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made there under are being observed;
       (b)   with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 2*[industrial or other establishment] at any reasonable time for the purpose of carrying out the objects of this Act;
       (c)   Supervise the payment of wages to persons employed upon any railway or in any factory or 2*[industrial or other establishment];

       (d)   Require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Act;
       (e)   seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;
       (f)   exercise such other powers as may be prescribed:


       Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.


   (4A)   The provisions of the 1*[code of Criminal Procedure, 1973 (2 of 1974)] shall, so far as may be, apply to any search or seizure under this sub-section as the apply to any search or seizure made under the authority of a warrant issued under 1*[section 94] of the said Code.]
   (5)   Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).


   14A.   Facilities to be afforded to Inspectors.
       Every employer shall afford an Inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act.


       Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious 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].
   (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 further that any application may be admitted after the said period of 1*[twelve months] when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.


   (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 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 2*[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]:

       Provided 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, such that the person responsible for the payment of the wages was unable, exercising reasonable diligence, to make prompt payment, or
       (c)   the failure of the employed person to apply for or accept payment.


   3*[(4)   If the authority hearing an application under this section is satisfied –


       (a)   that the application was either malicious or vexatious, 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



       (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, 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 not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, if it were a fine imposed by such Magistrate.


16-   Single application in respect of claims from unpaid group.


   (1)   Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if 1*[deductions have been made from their wages in contravention of this Act for the same cause and during the same wage-period or periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by section 5.
   (2)   A single application may be presented under section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case 2*[every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of section 15].
   (3)   The authority may deal with any number of separate pending applications, presented under section 15 in respect of persons belonging to the same unpaid group, as a single application presented under sub-section (2) of this section, and the provisions of that sub-section shall apply accordingly.



Appeal



17-   (1)   1*[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 2*[the order or direction] was made, in a Presidency-town 3*** 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 4*[or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees], or
       5*[(b)   by an employed person on 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 6*[sub-section (4)] of section 15.


   (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.]


   (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.]



   


   1*[(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 in conformity with such decision.]


   17A.   Conditional attachment of property of employer or other persons 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 3*[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 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).]




Powers of authorities appointed under section 15



18-   Every authority appointed under sub-section (1) of section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and of 4*[Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).]



19-   [Power to recover from employer in certain cases.]
   Rep. by the Payment of Wages (Amendment) Act, 1964 (53 of 1964), s. 17 (w.e.f. 1-2-1965).
20-   Penalty for offences under the Act.

   (1)   Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following sections, namely, 1*[section 5 except sub-section (4) thereof, section 7, section 8 except sub-section (8) thereof, section 9, section 10 except sub-section (2) thereof, and sections 11 to 13], both inclusive, shall be punishable with fine 2*[which shall not be less than two hundred rupees but which may extend to one thousand rupees].
   (2)   Whoever contravenes the provisions of section 4, 3*[sub-section (4) of section 5, section 6, sub-section (8) of section 8, sub-section (2) of section 10] or section 25 shall be punishable with fine which may extend to 2*[five hundred rupees].
   4*[(3)   Whoever being required under this Act to maintain any records or registers or to furnish any information or return –


       (a)   fails to maintain such register or record; or
       (b)   wilfully refuses or without lawful excuse neglects to furnish such information or return; or
       (c)   wilfully furnishes or causes to be furnished any information or return which he knows to be false; or
       (d)   refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this Act; shall, for each such offence, be punishable with fine 2*[which shall not be less than two hundred rupees but which may extend to one thousand rupees].


   (4)   Whoever –


       (a)   wilfully obstructs an Inspector in the discharge of his duties under this Act; or
       (b)   refuses or wilfully neglects to afford an Inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this Act in relation to any railway, factory or 2*[industrial or other establishment]; or
       (c)   wilfully refuses to produce on the demand of an Inspector any register or other document kept in pursuance of this Act; or


   

       (d)   prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an Inspector acting in pursuance of his duties under this Act; shall be punishable with fine 1*[which shall not be less than two hundred rupees but which may extend to one thousand rupees]

   (5)   If any person who has been convicted of any offence punishable under this Act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term 1*[which shall not be less than one month but which may extend to six months and with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees]:
Provided that for the purpose of this sub-section, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the Inspector.
   (6)   If any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to 1*[one hundred rupees] for each day for which such failure or neglect continues.]


Procedure in trial of offences


   (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 and 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.

24-   Application of Act to railways, air transport services, mines and oilfields.
   The powers by this Act conferred upon the State Government shall, in relation to 2*[railways], 3*[air transport services,] mines and oilfields, be powers of the Central Government.]


Display by notice of abstracts of the Act


25-   The person responsible for the payment of wages to persons 4*[employed in a factory or an industrial or other establishment] shall cause to be 4*[displayed in such factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules made there under in English and in the language of the majority of the persons employed 4*[in the factory or industrial or other establishment], as may be prescribed.

   25A.   Payment of undisturbed wages in cases of death of employed person.

   (1)   Subject to the other provisions of the Act, all amounts payable to an employed person as wages shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known –

       (a)   be paid to the person nominated by him in this behalf in accordance with the rules made under this Act; or
       (b)   where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the prescribed authority who shall deal with the amounts so deposited in such manner as may be prescribed.

   (2)   Where, in accordance with the provisions of sub-section (1), all amounts payable to an employed person as wages –

       (a)   are paid by the employer to the person nominated by the employed person; or
       (b)   are deposited by the employer with the prescribed authority, the employer shall be discharged of his liability to pay those wages.

26-   Rule-making power.

   (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, 6***, 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 –

   

       (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 deductions 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 instalments by which they may be recovered with reference to clause (b) of section 12;
       (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, 2***;
       (l)   prescribe the abstracts to be contained in the notices required by section 25; 1* 3*xxx
       (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;]
       (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 which may extend to two 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.
   (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 5*[two or more successive sessions], and if, before the expiry of the session 5*[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.]
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POLICIES
1.wages/ salaries  are  paid  on  the  first  working day  of the  month.
2.on  termination, the  employee  is  paid fully  all  dues  on the   second  day  from the  day  on  which the  employee  is  terminated.
3.the  company  maintains  registers  of  all payments.
4.the  company  does  not  withhold  increment  or  promotion.
5.no illegal  deductions   are  made.
6.no  loans  are  provided.
7.advance  from  salaries are  made for  exceptional  cases.
8.income  tax  is  deducted  where applicapable.
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