Applicability of Act
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Factory industrial
Establishment
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Tramway service or motor
transport service engaged in carrying passengers or good or both by road
for hire or reward.
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Air transport service
Dock, Wharf or Jetty, Inland vessel, mechanically propelled
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Mine, quarry or
oil-field plantation
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Workshop or other
establishment etc.
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Object of the Act
To regulate the payment
of wages of certain classes of employed persons |
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Wages to be paid in current coins or currency notes
a. All wages shall be paid in current coins or currency notes
or in both.
b.
After obtaining the authorization, either by Cheque or by crediting the
wages in employees banks Account {Section 6} |
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Time of payment of wages
The wages of every person
employed is paid.
When less than 1000
persons are employed shall be paid before the expiry of the 7th
day of the following month. When more than 1000 workers, before the expiry
of the 10th day of the following month. {Section 5} |
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Coverage of Employees
Drawing average wage
upto Rs.6500 pm as amended with effect from 6th September 2005 |
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Deduction made from wages
Deductions such as,
fine, deduction for amenities and services supplied by the employer,
advances paid, over payment of wages, loan, granted for house-building or
other purposes, income tax payable, in pursuance of the order of the Court,
Provident Fund contributions,
cooperative societies, premium for Life Insurance, contribution to any fund
constituted by employer or a trade union, recovery of losses,
Employees State Insurance
contribution etc. {Section 7} |
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Deduction for absence from duties for unauthorized absence
Absence for whole or any
part of the day – If ten or more persons absent without reasonable cause,
deduction of wages upto 8 days {Section 9} |
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Fines as
prescribed by
Not to imposed unless
the employer is given an opportunity to show cause
to record in the
register {Section 8} |
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Deductions for
Service Rendered
When accommodation
amenity or service has been accepted by the employee. {Section 11} |
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Deduction for damage or
loss
For default or
negligence of an employee resulting into loss. Show cause notice has to be
given to the employee. {Section 10} |
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PENALTIES |
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On
contravention of Section 5 (except Subsection .4), Section 7, Section 8
(except Subsection 8), Section 9, Section 10 (except Subsection 2) and
Section 11 to Section 13 |
Fine
not less than Rs. 1000, which may extend to Rs. 5000. On subsequent
conviction fine not less than Rs. 5000, may extend to Rs. 10000. On
contravention Section 4, 5(4), 6, 8 (8), 10(2) or Section 25 fine not less
than Rs. 1000. - may extend to Rs. 5000. On subsequent on conviction fine
not less. |
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For failing
to maintain registers or records; or
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Willfully
refusing or without lawful excuse neglecting to furnish information
or return; or
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Willfully
furnishing or causing to be furnished any information or return which he
knows to be false or
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Refusing
to answer or willfully giving a false answer to any question necessary for
obtaining any information required to be furnished under this Act.
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Fine which
shall not be less than Rs. 1000 but may extend to Rs. 5000 – On record
conviction fine not less than Rs. 5000, may extend to Rs. 10000.
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For second or
subsequent conviction, fine not less than Rs. 5000 but may extend to Rs.
10000.
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Willfully
obstructing an Inspector in the discharge of his duties under this Act; or
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Refusing
or willfully neglecting to afford an Inspector any reasonable facility for
making any entry, inspection etc.
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Willfully
refusing to produce on the demand of an inspector any register or other
document kept in pursuance of this Act; or preventing any person for
appearance etc.
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Fine not less than
Rs.1000 extendable upto Rs.5000 – On subsequent conviction fine not less
than Rs.5000 – may extent to Rs.10,000 |
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