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MAINTENANCE OF REGISTERS AND RECORDS

Section 18 makes it obligatory on employers side to maintain registers and records giving the following particulars of the persons employed by him : the work performed by him ; the wages paid to them ; the receipts given by them : and such other particulars. Every employer shall keep exhibited notices in the prescribed form containing prescribed particulars at the place where the scheduled employment is being carried on, or in case of out-workers ( at such place where out- work is given to them).

ENFORCEMENT OF THE ACT


INSPECTORS ( SECTION 19 )
Under this section appropriate govt. is empowered to appoint inspectors for the purposes of the Act by means of a notification in the Official Gazetted. It shall define the local limits within which they shall exercise their functions. The powers given to them : to enter in the premises at reasonable hours with or without assistants for the purpose of examining the registers and records of wages or notices to be kept under the act ; to examine the employees to require out- workers to give any information; to seize, to take copies of registers, records of wages or notices ; to exercise other powers as may be prescribed .

CLAIMS ( SECTION 20 )
The purpose of this Act is to ensure that the employer makes the payments to the employees at the minimum rates specified in the Act. The appropriate govt. may appoint by notification in the Official Gazette , an authority to hear and decide for any given area the claims related to payment of less than the minimum rates of wages, payment of remuneration for work done on days of rest, payment of overtime wages.

APPOINTMENT OF AUTHORITY
The following may be appointed as an authority to hear and decide the claims : 1) Any Commissioner for workmen compensation ; or 2) Any officer of the central Govt. exercising functions as a Labour Commissioner for any region ; or 3) Any officer of the State Govt. not below the rank of a labour Commissioner ; or 4) Any officer exercise as a judge of a Civil Court ; or 5) Any stipendiary Magistrate.

APPLICATION FOR CLAIMS


Where an employee has any claim of the nature referred to above the following may present an application to the Authority for hearing and deciding the claims : 1) The employee himself ; or 2) Any legal practitioner ; or 3) Any official of a registered trade union authorized in this behalf ; or 4) Any inspector or any person acting with the permission of the authority.

NOTE : The application of claims shall be presented within a period of six months from the date on which the minimum wages or other amounts became payable.

PROCEDURE FOR DECIDING THE CLAIMS


When an application under this section is entertained, the Authority shall hear both the parties, and after such further inquiry, as may necessary, may direct the employer to pay a) The amount by which the minimum wages payable to the employee exceed the the amount actually paid to them , together with the amount of compensation which cannot exceed ten times the amount of excess. b) In any other case, the payament of the amount due to the employee together with the amount of compensation not exceeding ten rupees.

RECOVERY OF AMOUNT
Any amount payable under this section may be recovered a) If the Authority is a Magistrate, by Authority himself ; and b) If the Authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf.

POWERS OF AUTHORITIES
Every authority under this section shall have all the powers of civil court under C.P.C. 1908, for purpose of a) Taking evidence b) Enforcing the attendance of witnesses, and c) Compelling the production of documents.