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BY – SAYANTAN BASU .
 Chapter 1            Introduction, Objects,
  (section 1 & 2)      Applications and
                       Definitions

 Chapter 2            Payment and
  (section 3 to 13)    Deduction of wages

 Chapter 3            Authorities under the Act
  (section 14 to 19)

 Chapter 4            Miscellaneous
  (section 20 to 26)
. Short title, extent, commencement and
1
 application.-

 This Act may be called the Payment of Wages Act,
 1936.



 2. It extends to the whole of India.
In this Act, unless there is anything repugnant in the
subject or context,

     “EMPLOYED PERSON" includes the legal
representative of a deceased employed person;

     “EMPLOYER" includes the legal representative of
a deceased employer
“WAGES” means all remunerations capable
of being expressed in terms of money, which would if the
terms of the contract of employment, expressed of implied,
were full filled, be payable to person employed irrespective
of his employment or of work done in such employment
and includes house rent allowances.
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 under section 7 of the Factories
Act, 1948.

             (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.-
                             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.
Wages to be paid in current coin or
currency notes. All wages shall be paid in current coin or
currency notes or in both
(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 [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.
Sec 7(1) says that every payment made by the employed person to the employer
  or his agent shall, for the purposes of this Act, be deemed to be deduction from
  wages.



 It also lays down that any loss of wages resulting from any imposition, upon a
  person, shall not be deemed to be a deduction from wages.
(1) Deductions may be made under
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:
A deduction under 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.



                       A deduction shall not be made under (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.
All such deductions and all realizations
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.
A deduction 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 .
Deductions under 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;
        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 installments by which they may be recovered.
Deductions for recovery of loans
granted under section 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.
Deductions under section 7 shall be
subject to such conditions as the State Government may impose.
Inspector [sec 14]




  An Inspector of factory appointed under sec 8(1) of Factory Act shall be an
     Inspector for the purpose of this Act in respect of all factories within the
     local limits of assigned to him.
Sec 20(1) of the act makes contravention of the provisions of the Act, by any
  person responsible for the payment of wages to an employed person,
  punishable with fine which shall not be less than one thousand five hundred
  rupees but which may extend to seven thousand five hundred rupees.
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.
THANK YOU

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29730 51864 payment_of_wages_act_1936

  • 2.  Chapter 1 Introduction, Objects, (section 1 & 2) Applications and Definitions  Chapter 2 Payment and (section 3 to 13) Deduction of wages  Chapter 3 Authorities under the Act (section 14 to 19)  Chapter 4 Miscellaneous (section 20 to 26)
  • 3. . Short title, extent, commencement and 1 application.- This Act may be called the Payment of Wages Act, 1936.  2. It extends to the whole of India.
  • 4. In this Act, unless there is anything repugnant in the subject or context, “EMPLOYED PERSON" includes the legal representative of a deceased employed person; “EMPLOYER" includes the legal representative of a deceased employer
  • 5. “WAGES” means all remunerations capable of being expressed in terms of money, which would if the terms of the contract of employment, expressed of implied, were full filled, be payable to person employed irrespective of his employment or of work done in such employment and includes house rent allowances.
  • 6. 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 under section 7 of the Factories Act, 1948. (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.
  • 7. (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.
  • 8. 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.
  • 9. Time of payment of wages.- 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.
  • 10. Wages to be paid in current coin or currency notes. All wages shall be paid in current coin or currency notes or in both
  • 11. (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.
  • 12. (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 [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.
  • 13. Sec 7(1) says that every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be deduction from wages. It also lays down that any loss of wages resulting from any imposition, upon a person, shall not be deemed to be a deduction from wages.
  • 14. (1) Deductions may be made under 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:
  • 15. A deduction under 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. A deduction shall not be made under (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.
  • 16. All such deductions and all realizations 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.
  • 17. A deduction 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 .
  • 18. Deductions under 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;  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 installments by which they may be recovered.
  • 19. Deductions for recovery of loans granted under section 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.
  • 20. Deductions under section 7 shall be subject to such conditions as the State Government may impose.
  • 21. Inspector [sec 14] An Inspector of factory appointed under sec 8(1) of Factory Act shall be an Inspector for the purpose of this Act in respect of all factories within the local limits of assigned to him.
  • 22. Sec 20(1) of the act makes contravention of the provisions of the Act, by any person responsible for the payment of wages to an employed person, punishable with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees.
  • 23. 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.