GROUP MEMBERS
Priyanka Banka Daniel Solomon Kartik Iyer Anurag Tiwari Tirtha Hegde Charmi shah Sneha Roshan Mishra Abhishek Tiwari Asha Nagrajan
916641 916642 916643 916644 916645 916646 916647 916648 916649 916650
INDEX
2.Payment of wages and 1.Preliminary deductions Payment of wages act 3.Authorities under the act 4.Miscellaneous
PRELIMINARY
INTRODUCTION
Payment of Wages act, 1936, is a act to regulate the payment of wages of certain classes of employed persons.
OBJECTIVES
The main objective of the act is
To ensure regular and prompt payment of wages To prevent unauthorized deductions and arbitrary fines from the wages. To regulate the rate of payment for overtime work.
Section 1
APPLICABILITY
This act applies to
Persons employed in any factory. Persons employed upon any railways. Persons employed in any industrial or other establishment specified.
DEFINITIONS
Wages: [sec2(vi)]
Outline Type of remuneration Type of payment
RESPONSIBILITY FOR PAYMENT OF WAGES: SEC(3) All employers are responsible to pay wages to any person employed by them. Ex: Factory manager Person responsible for supervision and control in industries Person nominated by railway administration Person under the charge of contractor
Wages should be paid within the wage period Payment may be in currency notes or coins , cheques or directly crediting of bank account
SEC 8 : FINES
No fines shall be imposed on any employed person who is under the age of fifteen years .
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 at the precribed place or places. No fines 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
Deductions may be made under such clause (b) of subsection (2) of section 7 only on account of the absence of an employed person from place or places where bythe 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 . The amount of such deductions shall in no case bear the wages payable to the employed person in respect of the wages period for which the deductions is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period , duing which by the terms of his employement , he was required to work :
Sec 1: Deduction under clause (c) or clause (o) of sub-section (2) of section 7 shall not exceed the amount or loss caused to employer by the neglect or default of the employed person.
A deduction under clause (d) or clause (e) of subsection 7 shall not be made from the wages of an employed persons
Deductions under clause (f) of sub-sec (2) of sec 7 shall be subject to the conditions
Deductions for recovery of loans granted under clause fff of sub section (2) of sec 7 shall be subject to any rules made by appropriate government
AUTHORITIES..
PRESENTATION OF APPLICATION
deduction contrary to the provision of this act Any delay in payment of wages contrary to the provisions of this act
This application needs to be filed within 12 months of the date of delay or deduction
SINGLE APPLICATION
Unpaid group
If there has been a delay or deduction in the payment of a group of employees(unpaid group), they can file in a single application.
State of U.P v. Presiding Officer, Payment of wages officer, Varanasi and others
MISCELLANEOUS.
Repealed by the Payment of Wages (Amendment) Act, 1964 (53 of 1964), w.e.f. 1st.February, 1965
No court shall take cognizance of a complaint against any person for an offence under subsection (1) of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rule made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act.
No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed (a) forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17; or (b) has formed the subject of a direction under section 15 in favour of the plaintiff; or (c) has been adjudged in any proceeding under section 15 not to be owned to the plaintiff; or (d) could have been recovered by an application under section 15.
No suit prosecution or other legal proceeding shall lie against the government or any officer of the Government for anything which is in good faith done or intended to be done under this Act.
Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.
The person responsible for payment of wages to all employers have to ensure that All rules and notices should be displayed by the employer in a language understood by the majority.
If the wages to be paid to an employee cannot be paid due to Death or His whereabouts not being known The wages should be paid to the nominee or deposited with the prescribed authority.