The payment of Wages (Procedure) Rules, 1937

The payment of Wages (Procedure) Rules, 1937




In exercise of the powers conferred by sub-section (1) of section 26 of the Payment of Wages Act, 1936 (4 of 1936), read with section 22 of the General Clauses Act, 1897 (10 of 189), the Governor-General-in-Council is pleased to make the following rules, the same having been previously published as required by sub-section (5) of section 26 of the first named Act, namely:



1. Short Title: [(1)] These rules may be called the Payment of Wages (Procedure) Rules, 1937.

[(2) They extend to the whole of India except the State of Jammu and Kashmir.]



2. Definitions: In these rules, unless, there is anything repugnant in the subject or context, -

(a) ‘the Act’ means the Payment of Wages Act (4 of 1936);

(b) ‘Appeal’ means an appeal under section 17;

(c) ‘the authority’ means the authority appointed under sub-section (1) of section 15;

(d) ‘the Court’ means the court mentioned in sub-section (1) of section 17;

(e) ‘Employer’ includes the persons responsible for the payment of wages under section 3;

(f) ‘Section’ means a section of the Act’

(g) ‘Form’ means a form appended to these rules;

[(gg) ‘Record of order or direction’ means the record of an order dismissing either wholly or in part an application made under sub-section (20 of section 15 or of a direction made under sub-section (3) or sub-section (4) of that section kept in Form F;]

(h) words and expression defined in the Act shall be deemed to have the same meaning as in the Act.



3. Form of application: Applications under sub-section (2) of section 15 by or on behalf of an employed or group of persons employed shall be made in duplicate in Form A, Form B or Form C, as the case may be, one copy of which shall bear such court-fee as may be prescribed.



4. Authorisation: The Authorisation to act on behalf of an employed person or persons, under section 15, shall be given by a certificate in Form D, shall be presented to the authority hearing the application and shall form part of the record.







5. Permission to appear: Any person desiring the permission of the Authority to act on behalf of any employed person or persons shall present to the Authority a brief written statement explaining his interest in the matter, and the Authority shall record an order on the statement which in the case of refusal shall include reasons for the order, and shall incorporate it in the record.



6. Presentation of documents: (1) Applications or other documents relevant to an application may be presented in person to the Authority at any time during hours to be fixed by the Authority, or may be sent to him by registered post.

(2) The Authority shall at once endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be.



7. Refusal to entertain application: (1) The Authority may refuse to entertain an application presented under rule 6, if after giving the applicant an opportunity of being heard, the Authority is satisfied, for reason to be recorded in writing that –

a) the applicant is not entitled to present an application; or

b) the application is barred by reason of the provisions in the provisos to sub-section (2) of section 15; or

c) the applicant shows no sufficient cause for making a direction under section 15.

(2) The Authority may refuse to entertain an application which is insufficiently stamped or otherwise incomplete and, if he so refuses, shall return it at once with an indication of the defects. If the application is presented again after the defects have been made good, the date of representation shall be deemed to be the date of presentation for the purpose of the proviso sub-section (2) of section 15.



8. Appearance of parties: (1) If the application is entertained, the Authority shall call upon the employer by a notice in form E to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.

(2) If the employer or his representative fails to appear on the specified date, the Authority may proceed to hear and determine the application ex parte.

(3) If the applicant fails to appear on the specified date, the Authority may dismiss the application:

Provided that an order passed under sub-rule (2) or sub-rule (3) may be set aside and the application re-heard on good cause being shown within one month of the date of the said order, notice being served on opposite party of the date fixed for rehearing.



9. Record or proceedings: (1) The Authority shall in all cases, enter the particulars indicated in Form F and at the time of passing orders shall sign and date the form.

(2) In a case where no appeal lies, no further record shall be necessary.

(3) In a case where an appeal lies, the Authority shall record the substance of the evidence and shall append it under his signature to (the record of order or direction.)



10. Signature on forms: Any form, other than [the record of order or direction], which is required by these rules to be signed by the Authority, may be signed under his direction and on his behalf by any officer subordinate to him, appointed by him, in writing for this purpose.



11. Exercise of powers: In exercising the powers of a Civil Court conferred by section 18 the Authority shall be guided in respect of procedure by relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alterations as the Authority may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provision of the Act or these rules.



12. Appeals: 1[(1) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed court-fee, setting forth concisely the grounds of objection to the order dismissing either wholly or in part an application made under sub-section (2) of section 15 or a direction made under sub-section (3) or sub-section (4) of that section, as the case may be, and shall be accompanied by a certified copy of the said order or direction.]

(2) When an appeal is lodged a notice shall be issued to the respondent in Form G.

(3) The Court after hearing the parties and after such further inquiry, if any, as it may deem necessary, may confirm, vary, or set aside the 1[order or direction] from which the appeal is preferred, and shall make an order accordingly.



[12A Orders or direction when to be made: The Authority or the Court, as the case may be, after the case has been heard, shall make the order or direction either at once or, as soon thereafter as may be practicable, on some future day; and when the order or direction is to be made on some future day, it shall fix date for the purpose of which due notice shall be given to the parties or their pleaders.]



13. Inspection of documents: Any employed person, or any employer or his representative, or any person permitted under sub-section (2) of section 15 to apply for a direction, shall be entitled to inspect any application, memorandum of appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party and may obtain copies thereof on the payment of such fees as may be prescribed.

Form A

Form of Individual Application

[See sub-section (2) of section 15 of the Payment of Wages Act]



In the Court of the Authority appointed under the Payment of Wages Act, 1936 (4 of 1936) for ……………….. area.

Application No. ……….. of …….

Between A.B.C. ………………………………….. Applicant (through a legal practitioner/an official of …………………………….. which is a registered Trade Union.)

And X.Y.Z………………………………………………………opposite party:

The applicant states as follows:

1. A.B.C. is a person employed in the/on the factory/railway/industrial establishment entitled and resides at ……………………………………..

The address of the applicant for the service of all notices and processes is:

…………………………………………………………………………………

2. X.Y.Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the service of all notices and processes is:…………………………………………………………………………………..

3. (1) The applicant’s wages have not been paid for the following wage-period(s)………………………………….(give dates)

Or A sum of Rs…………….. has been unlawfully deducted from his wages of amount for the wage-period(s) which ended on ……………… (give dates)

(2) [Here give any further claim or explanation].



4. The applicant estimates the value of the relief sought by him at the sum of Rs………………

5. The applicant prays that a direction may be issued under sub-section (3) of section 15 for –

(a) Payment of delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.

Or Refund of the amount illegally deducted.

(b) Compensation amounting to ………………………

The Applicant certifies that the statement of facts contained in this application is to the best of his knowledge and belief accurate.



Signature or thumb impression of the

employed person, or legal practitioner or official

of a registered trade union duly authorized.



Form B

Form of Group Application

[See sub-section (2) of sections 15 and 16 of Payment of Wages Act]



In the Court of the Authority appointed under the Payment of Wages, Act, 1936 (4 of 1936) for ………………….. area



application No………………… of …………



Between A.B.C…………………………………………………

Applicants

A legal practitioner

(through a legal practitioner/an official of …………………………….. which is a registered union).



And X.Y.Z………………………………………………. Opposite Party.



The applicants state as follows:

1. [The applicants whose names and permanent addresses] appear in the attached schedule are persons employed in the /on the /factory/railway/insustrial establishment entitled and resides at …………………………….

The address of the applicants for service of all notice and processes is:

………………………………………………………………………….

2. X.Y.Z. the opposite party, is the person responsible for the payment of wages under section 3 of the Act, and his address for the service of all notices and processes is:

…………………………………………………………………………….

3. The applicants’ wages have not been paid for the following wage-period(s):

……………………………………………………………………………..

4. The applicants estimate the value of the relief sought by them at the sum of Rs…



5. The applicants pray that a direction may be issued under sub-section (3) of section 15 for:

(a) Payment of the applicants’ delayed wages as estimated……………. or such greater or lesser amount as the Authority may find to be due.

(b) Compensation amounting to…………….

The Applicants certify that the statement of facts contained in this application is, to the best of their knowledge and belief, accurate.



Signature of thumb impression of two of the

Applicants, or legal practitioner, or an official of

A registered trade union duly authorized.



1SCHEDULE

________________________________________________________________________

S.No. Name of Applicant Permanent Address

________________________________________________________________________

1 2 3















FORM C

FORM OF APPLICAION BY AN INSPECTOR OR PERSON PERMITTED BY

THE AUTHORITY OR AUTHORISED TO ACT

[See sub-section (2) of sections 15 and 16 of the Payment of Wages Act]



In the Court of Authority appointed under the Payment of Wages Act, for ……….. area.

Application No………. of ………..



Between

A.B.C.[(designation)……………………………………….an Inspector under the

Payment of Wages Act] of a person permitted by the authority/authorized to act under sub-section (2) of Section 15]…………………………………………applicant.

And

X.Y.Z……………………………………………………… the opposite party.



The applicant states as follows:

1. X.Y.Z., the opposite party is the person responsible under the Act for the payment of wages to the following [persons whose names and permanent addresses are given below]:

(1)

(2)

(3)

*

*



2. His address for the service of all notices and processes is:



3. The wages of the said person(s) due in respect of the following wage-period(s) have not been paid/have been subjected to the following illegal deductions:



4. The applicant estimates the value of the relief sought for the person(s) employed at the sum of Rs……………..



5. The applicant prays that a direction may be issued under sub-section (3) of sectin 15 for:

(a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due.

Or Refund of the amount illegally deducted.

(b) Compensation amounting to Rs……………….



The applicant certifies that the statement of facts contained in this application is, to the best of his knowledge and belief, accurate.



Signature





FORM D

CERTIFICATE OF AUTHORISATION



I/We employed person(s) hereby authorize a legal practitioner/an official of ……………. Which is a registered trade union to act on my/our behalf under sectin 15 and sectin 17 of the Payment of Wages Act, 1936 (4 of 1936), in respect of the claim against …………… on account of the delay in payment\illegal deductions from my/our wages for…………….





Witnesses (1) Signature (1)

(2) (2)

(3) (3)

(4) (4)

* *

* *

I accept the authorisation.



Signature

Legal practitioner/

Official of a registered trade union



FORM E

NOTICE FOR THE DISPOSAL OF APPLICATION

To

Whereas under the Payment of Wages Act, 1936 (4 of 1936) a claim against you has been presented to me in the application of which a copy is enclosed, you are hereby called upon to appear before me either in person or by any person duly instructed, and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the ……………... day of ………….20.. at ……... o’clock in the forenoon/afternoon to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to rely in support of your defence.

Take notice that, in default of your appearance on the day before mentioned, the application will be heard and determined in your absence.

Given under my hand and seal, this day of …………….20…



Authority

Seal



FORM F

[RECORD OF ORDER OF DIRECTION]



(1) Serial number……………………….

(2) Date of the application…………………..

(3) Name or names, parentage, address or addressed of the applicant, or some, or all of the applicants belonging to the same unpaid group:

(4) Name and address of the employer:

(5) Amount claimed:

(a) as delayed wages: Rs. ……………

(b) as deducted from wages: Rs…………







(6) Plea of the employer and his examination (if any):

[(7) Finding, and a brief statement of the reasons therefore]:

(8) Amounts awarded:

(a) delayed wages Rs…………

(b) deducted wages……………

(9) Compensatin awarded………………..

(10) Penalty imposed………………………

(11) Costs awarded to:

(a) Court-fee Charges…………….

(b) Pleader’s fee…………………...

(c) Witnesses’ expenses……………

[(12) Date by which the amounts awarded shall be paid.]



Signed

Dated

Note:- In case where an appeal lies, attach on a separate sheet the substance of the evidence.



FORM G

NOTICE TO REPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL UNDER SECTION 17 OF THE PAYMENT OF WAGES ACT, 1936



Appeal from the decision of the Authority for the …………………………. area dated the ………….day of 20..

To

Respondent



Take notice that an appeal of which a copy is enclosed from the decision of the Authority for …………. Area has been presented by X,Y.Z. (and others), and registered in this Court, and that the ……….day of 20.. has been fixed by this court for the hearing of the appeal.

If no appearance is made on your behalf by yourself, or by some one by law authorized to act for you this appeal, it will be heard and decided in your absence.

Given under my hand and the seal of the court, this ……….day of ………20..



Seal of the Court Judge





Subs. By the Payment of Wages (Procedure) (Amendment) Rules, 1959.


Ins. By Payment of Wage (Procedure) (Amendment) Rules, 1970.
P F Act

P F Act

  • EPFO Launched new Grievance Management Portal


  • Enhancement of the cash benefit on Pension:

  • Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010
  • Download Notification


  • EPF(Amendment) Scheme, 2011


    MINISTRY’ OF LABOUR AND EMPLOYMENT
    NOTIFICATION
    New Delhi, the 15th January, 2011

    G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

    1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

       (2) It shall come into force from the 1st day of April, 2011

    2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

    “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

    3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

       (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

       (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

        [F. No. S-35012/01/2010-SS-1I]
    S. K.. DEV  VERMAN, Jt. Secy.

    For more details :
    The PF old balance will stop earning interest. After three years of inactivity.
  • Download Notification
  • ESIC

    Employees’ State Insurance (Amendment) Act, 2010.


    Following are the some salient feature of the ESI (Amendment) Act, 2010.
    Extension Of The ESI Scheme To The Construction Site WorkerS :

  • The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.


  • APPRENTICES COVERED:

  • Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.


  • POWER TO APPROPRIATE GOVERNMENT;

  • The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.


  • DEFINITION OF DEPENDENT EXPANDED:

  • Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:
  • A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.

  • Dependent parents as per definition of “family” has been substituted so as to include;

  • “A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.

    SMALL FACTORIES ALSO ARE COVERED:

  • The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.


  • INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:

  • The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.


  • VRS EMPLOYEES ALSO COVERED:

  • Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.


  • NOTIONAL EXTENSION OF PREMISES:

  • Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.


  • UNORGANIZED SECTOR EMPLOYEES COVERED:

  • A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).


  • Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.


  • Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act
  • Download ESI (Amendment) Act 2010


  • ESIC ONLINE PORTAL:

  • ESIC Launched New Online Portal for Submitting Application and Returns


  • ESI WAGE CEILING:

  • ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010
  • Download ESI Wage Ceiling Notification
  • Minimum Wages

    AP MINIMUM WAGE

    SECURITY SERVICES :
  • Zone I:All Municipal Corporations
  • Zone II : All Municipalities
  • Zone III : Rest of the area


  • Highly Skilled :
  • (Security Supervisor/ Officer/ Field Officer)

    Z-I: 7500, Z-II: 6500,Z-III: 5000

  • Skilled :
  • (Security Inspector/ ASO/ Intelligance and Fire Fighting Personal, Head Gaurd)

    Z-I: 7000, Z-II: 6000, Z-III: 4500

  • Semi-Skilled :
  • (Asst. Security Inspector /Security Gaurds with Arms)

    Z-I: 6500, Z-II: 5500, Z-III: 4250

  • Un-Skilled :
    (Security Gaurds without Arms)

  • Z-I: 5000, Z-II: 4250, Z-III: 4000


    CONTRACT LABOUR :

    Andhra Pradesh contract labour minimum wages are revised w.e.f 18 aug'09 as:
  • Un-Skilled: Rs. 155 per day, Rs. 4030 per month

  • Semi-Skilled: Rs. 195 per day, Rs. 5070 per month

  • Skilled: Rs. 235 per day, Rs. 6110 per month
  • I D Act 2010

  • Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act

  • Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act

  • Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act
  • Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances

  • Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal
  • Link to ID Act (Amnd) Act, 2010
  • HR Info.in

    Hr Info.in

    Workmen's compensation Act, 2010

    Given below are the synopsis of the changes.

  • THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.


  • The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.


  • The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.


  • actual reimbursement of medical expenses incurred on account of injury caused during course of employment.


  • Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.


  • Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.


  • The Commissioner shall dispose compensation cases within a time period of 3 months.
  • Download Emploee's Compensation (Amnd) Act, 2010
  • Download Emploee's Compensation Wage Limit Notification