Professional Documents
Culture Documents
ACT, 1936
Object of the Act
To safeguard the wages of the employees under certain conditions laid
down in the Act.
To make sure, regular and timely payment of wages to the employees.
To check for unlawful and unauthorized deductions being made by the
employer on the payment of wages.
Applicability of the Act
means any,
tramway service or motor transport service engaged in carrying passengers or
goods or both by road for hire or reward;
aa) air transport service other than such service belonging to or exclusively
employed in the military naval or air forces of the Union or the Civil
Aviation Department of the Government of India;
(b) Dock wharf or jetty;
(c) inland vessel mechanically propelled;
(d) mine quarry or oil-field;
(e) plantation;
(f) workshop or other establishment in which articles are produced adapted
or manufactured with a view to their use transport or sale;
(g) establishment in which any work relating to the construction development
or maintenance of buildings roads bridges or canals or relating to
operations connected with navigation irrigation or to the supply of water
or relating to the generation transmission and distribution of electricity or
any other form of power is being carried on;
(h) any other establishment or class of establishments which the Central
Government or a State Government may having regard to the nature
thereof the need for protection of persons employed therein and other
relevant circumstances specify by notification in the Official Gazette.
5.“Wages" [sec 2 (iv)] –
(e) any sum to which the person employed is entitled under any scheme
framed under any law for the time being in force, but does not include –
(1) any bonus (whether under a scheme of profit sharing or otherwise)
which does not form part of the remuneration payable under the terms of
employment or which is not payable under any award or settlement
between the parties or order of a court;
(2) the value of any house-accommodation or of the supply of light water
medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of the State
Government;
(3) any contribution paid by the employer to any pension or provident fund
and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed
on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other
than those specified in sub-clause (d).
Responsibility for the Payment of Wages (Sec.3)
Deductions made by the employer must be made according to this Act and may
be of the following kinds only-
A) Fine (Sec.8):-
it must be approved by state Govt. –
Rules given in Section 8 of the Act are as follows :
1. Notice Board of fines must be displayed in the work premises
2. Opportunity to be given to the employee to show cause against the imposition
of such fine.
3. Amount of fine must be 3% of his wage.
4. Fine should not be imposed on an employee who is under 15 year.
5. Fine to be imposed once only
6. Fine should not be recovered in installments
7. Fine should be recovered in 60 days
8. Imposed on the day of act or omission committed by the employee
9. It must be credited to common fund and utilized for the benefit of employees.
B) Deduction for absence from duty:-
1. Deduction to be made only on account of absence of employed person
from his place of work.
2. It must be deducted by employer for one day or for any period.
3. It Should not be exceeding a sum which bears the same relationship to
the wage payable in respect of the wage period as his period of absence
does to such wage period.
4. Employee refusing to work without proper reason when he is present for
the work place must be deemed to be absent from duty.
5. If 10 or more persons together absent from duty without notice or
without any reasonable cause.
C) Deduction for damage or loss (Sec.10):-
1. Opportunity to be given to an employee to explain reason or cause for
damage or loss caused.
2. Deduction amount must not be exceed than value or amount of damage
or loss..
3. All deductions and realization must be recorded in a register to be kept by
responsible person
D) Deductions for House Accommodation, Amenities and Service (Sec.11)
I) Deduction for house accommodation [Sec 7. (2) (d)] –
1. Employer can make deduction for the house accommodation provided to
employee.
2. This facility must be accepted by employee.
3. Deduction should not exceed an amount equivalent to the value of the
house accommodation provided.
I) Deduction for subscriptions to and advances from any provident fund [Sec.7
(2)(i)]:-
Conditions to be satisfied:
i) the provident fund must be such to which the Provident Fund Act applies
ii) the provident fund must be recognised by the Commissioner of Income Tax.
iii) it must have been approved by the appropriate Government.
J) Deductions for payment to Co-operative Societies and Insurance schemes
(Sec.13)
i) Deductions for payment to co-operative societies approved by
appropriate Government or officer, or to scheme of insurance by Indian
Post Office;
ii) deductions made with authorization of person employed for payment of
any premium on his life insurance policy o the Life Insurance Corporation
of India, or for purchase of securities of the Government of India.
(iii)Deduction For the payment of his contribution to any fund constituted
by employer or registered trade union For the welfare of employed person
or his family or both and it is approved by State Govt. or prescribed officer.
(iv) Deduction for payment of the fees payable by him for membership of
registered trade Union. All above deduction made with the written
authorization of the employed person.
K) Deductions for recovery of losses [Sec.7(2)] (m)(n)(o):
Deduction for recovery of losses sustained by the railway administration
made in the following cases
m) Losses on account of acceptance or counterfeit or base coins mutilated or
forged currency notes.
n) Losses on account of the failure of the employed person to invoice, to
bill ,to collect or to account for appropriate charges due to fares, freight,
demurrage etc. or in case of sale of food in catering establishment
o) Losses on account of rebate and refund incorrectly granted by the
employed person such losses attributed to his neglect or default.
L) Deduction For Contribution to Prime Minister National Relief Fund etc
[section 7 (2)](p)-
With the authorization of employed person the deduction can be effected
towards contribution.
Maintenance of Registers and Records (Sec.13A)
1. In case where such deductions are wholly or partly made for payment to
co –operative societies 75% of such wages and
2. In any other case 50% of such wages
Authorities under the Act
To hear and decide all claims arising out of deductions from the wages, or delay in
payment of the wages, of persons employed or paid, including all matters, incidental to
such claims, there will be a officer mentioned below appointed by the appropriate
government.
(a) any Commissioner for Workmen's Compensation; or
(b) any officer of the Central Government exercising functions as –
i. Regional Labour Commissioner; or
ii. Assistant Labour Commissioner with at least two years'
experience; or
(c) any officer of the State Government not below the rank of Assistant Labour
Commissioner with at least two years' experience; or
(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the
Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to
the investigation and settlement of industrial disputes in force in the State; or
(e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate,
as the authority to hear and decide for any specified area all claims arising out of
deductions from the wages, or delay in payment of the wages, of persons employed or
paid in that area, including all matters incidental to such claims
Contracting out (Sec.23)