The Payment of Wages Act, 1936 MCQs Set-3

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Bihar Judiciary (PCS-J) Preparation Bihar Assistant Prosecution Officer (APO) Preparation

 

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1. An appeal under Section 17(1A) by the employer under clause (a) shall not lie unless:

a. Employee gives written consent

b. Memorandum of appeal is accompanied by a certificate of deposit of the amount payable

c. Government approves the appeal

d. Inspector permits the appeal

 

2. The certificate required for an employer’s appeal under Section 17(1A) must certify that:

a. The employer has paid all future wages

b. The appellant has deposited the amount payable under the direction appealed against

c. The employee has accepted the order

d. The appeal is filed within seven days

 

3. Under Section 17(2), an order dismissing an application under Section 15(2) shall be:

a. Automatically cancelled

b. Final, subject to the provisions of appeal under Section 17(1)

c. Reviewed by the Inspector

d. Sent to the High Court

 

4. A direction made under Section 15(3) or Section 15(4) shall be:

a. Final in every case without exception

b. Final except as provided in Section 17(1)

c. Void after thirty days

d. Appealable only by the employee

 

5. When an employer prefers an appeal under Section 17, the authority against whose decision appeal is filed may:

a. Cancel the original order

b. Withhold payment of any sum in deposit with it

c. Reject the appeal

d. Increase the compensation

 

6. The authority under Section 17(3) shall withhold payment of deposited amount:

a. Always on its own decision

b. If directed by the court referred to in Section 17(1)

c. Only on employee’s request

d. Only after approval of Government

 

7. The court hearing an appeal under Section 17 may submit:

a. Question of fact to the employer

b. Question of law to the High Court

c. Criminal complaint to police

d. Wage dispute to trade union

 

8. When a question of law is referred to the High Court under Section 17(4), the appellate court shall:

a. Ignore the High Court’s decision

b. Decide the question in conformity with the High Court’s decision

c. Transfer the case to another court

d. Dismiss the appeal

 

9. Section 17A of the Payment of Wages Act deals with:

a. Recovery of fines

b. Conditional attachment of property of employer or responsible person

c. Appointment of Inspectors

d. Maintenance of registers

 

10. Conditional attachment of property under Section 17A may be ordered when:

a. Employee demands higher wages

b. Employer is likely to evade payment of amount directed under Section 15 or 17

c. Employer changes workplace

d. Employee resigns from service

 

11. Before ordering attachment under Section 17A, the authority or court shall generally:

a. Give the employer an opportunity of being heard

b. Obtain consent of the employee

c. Conduct criminal trial

d. Obtain approval of the Supreme Court

 

12. Under Section 17A, attachment may be made of:

a. Entire property of the employer in every case

b. Such amount of property as is sufficient to satisfy the possible payable amount

c. Only movable property

d. Only salary of the employer

 

13. The requirement of giving an opportunity of hearing before attachment may be dispensed with when:

a. Employer requests exemption

b. The authority or court considers that delay would defeat the ends of justice

c. Employee agrees

d. Inspector recommends it

 

14. Provisions relating to attachment before judgment under which law apply to attachment orders under Section 17A?

a. Indian Contract Act, 1872

b. Code of Civil Procedure, 1908

c. Code of Criminal Procedure, 1973

d. Factories Act, 1948

 

15. Every authority appointed under Section 15(1) shall have the powers of:

a. A Criminal Court

b. A Civil Court under the Code of Civil Procedure, 1908

c. A High Court

d. A Labour Tribunal only

 

16. The powers of Civil Court given to authorities under Section 18 are mainly for:

a. Granting bail and conducting trials

b. Taking evidence, enforcing attendance of witnesses and compelling production of documents

c. Making rules under the Act

d. Appointing Inspectors

 

17. An authority appointed under Section 15 is deemed to be a Civil Court for the purposes of:

a. Section 195 and Chapter XXVI of CrPC, 1973

b. Section 302 of IPC

c. Section 9 of CPC

d. Section 10 of Evidence Act

 

18. The Code of Civil Procedure referred to in Section 18 is:

a. Code of Civil Procedure, 1858

b. Code of Civil Procedure, 1908

c. Code of Criminal Procedure, 1973

d. Indian Evidence Act, 1872

 

19. Section 19 of the Payment of Wages Act is:

a. Repealed

b. Omitted by the Payment of Wages (Amendment) Act, 1964

c. Substituted by a new provision

d. Declared unconstitutional

 

20. Section 20 of the Payment of Wages Act deals with:

a. Appointment of authorities

b. Penalty for offences under the Act

c. Payment of wages in currency

d. Appeals

 

21. A person responsible for payment of wages who contravenes Section 5 (except sub-section (4)) may be punished under:

a. Section 20(1)

b. Section 20(2)

c. Section 17

d. Section 18

 

22. The minimum fine prescribed under Section 20(1) is:

a. ₹500

b. ₹1,000

c. ₹1,500

d. ₹3,750

 

23. The maximum fine that may be imposed under Section 20(1) is:

a. ₹3,750

b. ₹5,000

c. ₹7,500

d. ₹10,000

 

24. Which of the following sections falls under Section 20(1) for penalty purposes?

a. Section 7

b. Section 25 only

c. Section 4 only

d. Section 6 only

 

25. Contravention of Section 4 is punishable under:

a. Section 20(1)

b. Section 20(2)

c. Section 17A

d. Section 15

 

26. The maximum fine for contravention of Section 4, Section 6, Section 25 and other provisions mentioned in Section 20(2) may extend to:

a. ₹1,500

b. ₹3,000

c. ₹3,750

d. ₹7,500

 

27. Which of the following is NOT included in Section 20(2)?

a. Section 4

b. Section 6

c. Section 25

d. Section 7

 

28. Section 20(2) provides punishment for contravention of:

a. Only wage payment provisions

b. Specific provisions including Section 4, Section 6 and Section 25

c. Only inspector-related provisions

d. Only appeal provisions

 

29. Under Section 20(2A), failure to nominate or designate a person as required under Section 3 is punishable with:

a. Imprisonment up to one year

b. Fine which may extend to ₹3,000

c. Fine up to ₹7,500

d. Warning only

 

30. Section 20(2A) applies to a person who is required to nominate or designate a person under:

a. Section 5

b. Section 7

c. Section 3

d. Section 15

 

31. A person required to maintain records or registers under the Act commits an offence if he:

a. Maintains records properly

b. Fails to maintain such records or registers

c. Submits correct information

d. Produces documents before Inspector

 

32. Under Section 20(3), wilfully furnishing false information or return is:

a. Permitted if there is no loss

b. An offence punishable with fine

c. Only a civil wrong

d. Not punishable under the Act

 

33. The penalty under Section 20(3) for failure to maintain records or furnishing false information is:

a. Fine up to ₹3,000

b. Fine not less than ₹1,500 and may extend to ₹7,500

c. Imprisonment only

d. Fine up to ₹500

 

34. Which of the following is NOT an offence under Section 20(3)?

a. Failure to maintain prescribed records

b. Wilfully refusing to furnish required information without lawful excuse

c. Furnishing false information knowingly

d. Voluntarily maintaining additional records

 

35. Refusal to answer or giving a false answer to a question necessary for obtaining information required under the Act is punishable under:

a. Section 20(1)

b. Section 20(2)

c. Section 20(3)

d. Section 17

 

36. Obstructing an Inspector wilfully in discharge of his duties is punishable under:

a. Section 20(4)

b. Section 15

c. Section 18

d. Section 25

 

37. Under Section 20(4), an employer or person may be punished for:

a. Providing facilities to Inspector

b. Wilfully obstructing an Inspector

c. Maintaining records

d. Paying wages on time

 

38. Refusing to provide reasonable facilities to an Inspector for entry, inspection, examination or inquiry is:

a. An offence under Section 20(4)

b. Allowed under the Act

c. A matter of contract only

d. Not covered by the Act

 

39. The fine prescribed under Section 20(4) shall:

a. Not exceed ₹500

b. Not be less than ₹1,500 and may extend to ₹7,500

c. Be exactly ₹3,000

d. Be decided only by the employer

 

40. Preventing or attempting to prevent a person from appearing before or being examined by an Inspector is:

a. Protected conduct

b. An offence under Section 20(4)

c. Only a labour dispute

d. Punishable only under IPC

 

41. Producing registers or documents demanded by an Inspector is:

a. A duty under the Act

b. A punishable offence

c. Optional for employers

d. Prohibited under the Act

 

42. Section 20(4) primarily deals with penalties relating to:

a. Delay in payment of wages

b. Obstruction of Inspectors and non-cooperation with inspection

c. Recovery of advances

d. Fixation of wage periods

 

43. Section 20(5) of the Payment of Wages Act deals with:

a. First-time offences under the Act

b. Subsequent conviction for the same offence

c. Appointment of Inspectors

d. Recovery of wages

 

44. A person can be punished under Section 20(5) when he:

a. Commits any offence for the first time

b. Is again guilty of an offence involving contravention of the same provision after previous conviction

c. Fails to maintain attendance register only

d. Changes employment

 

45. The punishment on subsequent conviction under Section 20(5) includes:

a. Fine only up to ₹1,000

b. Fine not less than ₹3,750 and may extend to ₹22,500

c. Imprisonment only

d. Warning by Inspector

 

46. For the purpose of Section 20(5), cognizance shall not be taken of a previous conviction if it was made more than:

a. One year before the offence came to notice

b. Two years before the commission of offence came to the knowledge of Inspector

c. Five years before the offence

d. Ten years before the offence

 

47. The limitation regarding previous conviction under Section 20(5) is calculated from the date on which:

a. Previous conviction was recorded

b. Offence came to the knowledge of the Inspector

c. Employee filed complaint

d. Employer received notice

 

48. Section 20(6) applies when a person:

a. Refuses to appoint an Inspector

b. Fails or wilfully neglects to pay wages by the date fixed by the authority

c. Makes a false statement before court

d. Does not join employment

 

49. Failure to pay wages by the date fixed by the authority under Section 20(6) attracts:

a. Additional fine

b. Cancellation of business licence

c. Imprisonment only

d. No penalty

 

50. The additional fine under Section 20(6) may extend to:

a. ₹500 per day

b. ₹750 per day

c. ₹1,500 per day

d. ₹3,000 per day

 

51. The additional fine under Section 20(6) is imposed for:

a. Each month of delay

b. Each day for which failure or neglect continues

c. Each employee appointed

d. Each wage period

 

52. The punishment under Section 20(6) is:

a. In addition to any other action that may be taken against the person

b. A substitute for all other legal remedies

c. Applicable only after court approval

d. Applicable only to government employees

 

53. Section 21 of the Payment of Wages Act deals with:

a. Appeals against orders

b. Procedure in trial of offences

c. Appointment of Inspectors

d. Recovery of advances

 

54. A Court cannot take cognizance of a complaint for an offence under Section 20(1) unless:

a. The employer gives consent

b. An application under Section 15 has been granted wholly or partly and sanction for complaint has been given

c. The employee files a civil suit

d. The Inspector issues a warning

 

55. For taking cognizance of an offence under Section 20(1), the application must have been presented under:

a. Section 14

b. Section 15

c. Section 17

d. Section 20

 

56. The authority empowered under Section 15 or the appellate court must give an accused person an opportunity of:

a. Appeal

b. Showing cause against granting sanction

c. Settlement of dispute

d. Payment of fine

 

57. Sanction for making a complaint under Section 21(2) shall not be granted if the person proves that default was due to:

a. Bona fide error or bona fide dispute regarding amount payable

b. Intentional refusal to pay wages

c. Wilful violation of the Act

d. Fraudulent conduct

 

58. Which of the following is a valid ground for refusing sanction of complaint under Section 21(2)?

a. Employer’s financial difficulty without reason

b. Emergency or exceptional circumstances despite reasonable diligence

c. Employee’s demand for higher wages

d. Change of workplace

 

59. Failure of the employed person to apply for or accept payment may result in:

a. Mandatory prosecution

b. Refusal of sanction for complaint under Section 21(2)

c. Automatic conviction

d. Imprisonment of employer

 

60. No Court shall take cognizance of contravention of Section 4 or Section 6 except on complaint made by or with sanction of:

a. Employer

b. Employee

c. Inspector under the Act

d. Trade union

 

61. Contravention of rules made under Section 26 can be taken cognizance of only on complaint made by or with sanction of:

a. District Court

b. Inspector under the Act

c. Appropriate Government

d. Labour Commissioner only

 

62. Under Section 21(3A), offences punishable under Section 20(3) and Section 20(4) require complaint by or sanction of:

a. Employer

b. Inspector under the Act

c. Employee

d. Civil Court

 

63. While imposing fine for an offence under Section 20(1), the Court shall consider:

a. Amount of wages paid in advance

b. Compensation already awarded under Section 15

c. Number of employees in establishment

d. Length of employment

 

64. Section 21(4) requires the Court to consider compensation awarded under:

a. Section 10

b. Section 12

c. Section 15

d. Section 17

 

65. Section 22 of the Payment of Wages Act deals with:

a. Appeals

b. Bar of suits

c. Penalties

d. Maintenance of registers

 

66. Under Section 22, a Court shall not entertain a suit for recovery of wages when:

a. The employee has resigned from service

b. The claim is already the subject of an application under Section 15 pending before the authority

c. The employer disputes the employment contract

d. The employee has joined another establishment

 

67. A suit for recovery of wages is barred if the same matter is pending in:

a. Section 10 proceedings

b. Section 15 proceedings or Section 17 appeal

c. Section 20 criminal proceedings

d. Section 26 rule-making proceedings

 

68. A suit cannot be entertained when the amount claimed:

a. Has formed the subject of a direction under Section 15 in favour of the plaintiff

b. Is claimed for the first time

c. Relates to future wages

d. Is below the prescribed limit

 

69. Section 22 bars a suit where the amount claimed has been adjudged under Section 15:

a. To be payable by the employer

b. Not to be owed to the plaintiff

c. To be increased

d. To be transferred

 

70. A plaintiff cannot file a suit for recovery of wages if the amount:

a. Could have been recovered by an application under Section 15

b. Was paid after delay

c. Was voluntarily waived

d. Was disputed by the employer

 

71. Section 22A provides protection for:

a. Employees only

b. Government or any officer of Government acting in good faith under the Act

c. Employers only

d. Inspectors only

 

72. Under Section 22A, no suit, prosecution or legal proceeding shall lie for acts:

a. Done negligently

b. Done or intended to be done in good faith under the Act

c. Done for personal benefit

d. Done outside the authority of law

 

73. Section 23 of the Payment of Wages Act deals with:

a. Contracting out of rights

b. Delegation of powers

c. Appeals

d. Penalties

 

74. Any contract whereby an employed person relinquishes a right conferred by the Payment of Wages Act is:

a. Valid in all circumstances

b. Null and void to the extent it deprives him of such right

c. Enforceable if signed by employee

d. Valid after approval of employer

 

75. Section 23 applies to contracts or agreements made:

a. Only before commencement of the Act

b. Only after commencement of the Act

c. Either before or after commencement of the Act

d. Only between employers and unions

 

76. Under Section 24, delegation of powers by Appropriate Government is made through:

a. Court order

b. Notification in the Official Gazette

c. Private agreement

d. Circular issued by employer

 

77. When the Appropriate Government is the Central Government, powers may be delegated to:

a. Only Supreme Court

b. Specified officers/authorities subordinate to Central Government or State Government as specified

c. Private employers

d. Trade unions only

 

78. When the Appropriate Government is a State Government, powers may be delegated to:

a. Any private person

b. Officers or authorities subordinate to the State Government as specified

c. Central Government only

d. Labour unions only

 

79. The delegation of powers under Section 24 is subject to:

a. No conditions

b. Matters and conditions specified in the notification

c. Approval of employees

d. Approval of employers

 

80. Section 25 of the Payment of Wages Act deals with:

a. Payment of delayed wages

b. Display by notice of abstracts of the Act

c. Recovery of advances

d. Appointment of Inspectors

 

81. The person responsible for payment of wages shall display the notice containing abstracts of:

a. Only the Act

b. Only rules made under the Act

c. The Act and rules made thereunder

d. Employment contract only

 

82. The notice under Section 25 must be displayed in:

a. The office of Appropriate Government only

b. Factory or industrial or other establishment

c. Labour Court only

d. Employee’s residence

 

83. The abstract displayed under Section 25 must be in:

a. English only

b. Hindi only

c. English and the language of the majority of persons employed

d. Any language chosen by employer

 

84. The details regarding the form and contents of notice under Section 25 are:

a. Decided by employer

b. Prescribed under the rules made under the Act

c. Fixed by employee

d. Determined by Court

 

85. Section 25A of the Payment of Wages Act relates to:

a. Payment of undisbursed wages in cases of death of employed person

b. Payment of bonus

c. Recovery of penalties

d. Payment of overtime wages

 

86. Undisbursed wages of an employed person may arise when payment could not be made due to:

a. Employer’s refusal only

b. Death of the employed person before payment or whereabouts not being known

c. Employee’s resignation

d. Industrial dispute

 

87. Where an employed person dies before receiving wages, the amount payable shall be paid to:

a. Employer

b. Person nominated by the employed person according to rules

c. Inspector

d. Trade union

 

88. If no nomination has been made by the employed person, the unpaid wages shall be:

a. Cancelled

b. Deposited with the prescribed authority

c. Paid to the employer

d. Paid to the Government treasury permanently

 

89. The prescribed authority shall deal with deposited wages:

a. According to the manner prescribed under the rules

b. According to employer’s instructions

c. According to employee’s oral request

d. According to trade union decision

 

90. An employer is discharged from liability to pay wages when:

a. The employee leaves employment

b. Wages are paid to nominee or deposited with prescribed authority as required

c. Employer issues a notice

d. Employee refuses payment

 

91. Under Section 25A, deposit of wages with prescribed authority occurs when:

a. Payment to nominated person is not possible

b. Employer wants to avoid payment

c. Employee demands bonus

d. Inspector orders penalty

 

92. The procedure for nomination under Section 25A is governed by:

a. Rules made under the Payment of Wages Act

b. Employer’s internal rules only

c. Civil Procedure Code

d. Industrial Disputes Act

 

93. The liability of employer after depositing unpaid wages with prescribed authority is:

a. Continues indefinitely

b. Discharged in respect of those wages

c. Converted into criminal liability

d. Transferred to Inspector

 

94. Section 26 of the Payment of Wages Act deals with:

a. Penalties for offences

b. Rule-making power

c. Payment of wages

d. Appeals

 

95. The power to make rules under the Payment of Wages Act is vested in:

a. Central Government only

b. State Government only

c. Appropriate Government

d. Supreme Court

 

96. Under Section 26(1), rules may be made to regulate the procedure followed by:

a. Employers and employees

b. Authorities and Courts referred to in Sections 15 and 17

c. Inspectors only

d. Trade unions

 

97. Rules under Section 26(2) are made by notification in:

a. Local newspaper

b. Official Gazette

c. Government website only

d. Court records

 

98. The main purpose of rules made under Section 26(2) is:

a. To amend the Act

b. To carry into effect the provisions of the Act

c. To repeal the Act

d. To create new offences

 

99. Rules made under Section 26 may require maintenance of:

a. Only attendance records

b. Records, registers, returns and notices necessary for enforcement of the Act

c. Personal diaries of employees

d. Court proceedings

 

100. Under Section 26(3)(a), rules may prescribe:

a. The form and particulars to be entered in registers or records

b. Salary structure of employees

c. Penalties for offences

d. Appointment of employers

 

101. Rules under Section 26 may require display of notices specifying:

a. Working hours only

b. Rates of wages payable to employed persons

c. Names of all employees

d. Employer’s profits

 

102. The notice regarding rates of wages under Section 26 must be displayed:

a. At the residence of employees

b. At a conspicuous place where employment is carried on

c. In the office of the District Court

d. In the Gazette only

 

103. Rules may provide for regular inspection of:

a. Employee identity cards

b. Weights, measures and weighing machines used by employers

c. Employer’s bank accounts

d. Factory ownership documents

 

104. The purpose of inspecting weights, measures and weighing machines is related to:

a. Checking or ascertaining wages of employed persons

b. Calculating employer’s tax

c. Determining factory capacity

d. Fixing working hours

 

105. Rules under Section 26 may prescribe the manner of giving notice of:

a. Holidays only

b. Days on which wages will be paid

c. Appointment of employees

d. Termination of employment

 

106. Under Section 26(3)(e), rules may prescribe the authority competent to approve acts and omissions in respect of which:

a. Appeals may be filed

b. Fines may be imposed

c. Wages may be deducted

d. Employees may be terminated

 

107. The approval referred to in Section 26(3)(e) relates to:

a. Section 5(1)

b. Section 8(1)

c. Section 15(1)

d. Section 20(1)

 

108. Rules under Section 26 may prescribe the procedure for:

a. Appointment of Inspectors

b. Imposition of fines under Section 8 and deductions under Section 10

c. Payment of bonus

d. Filing of appeals under Section 17 only

 

109. The procedure for imposition of fines is prescribed under Section:

a. Section 7

b. Section 8

c. Section 10

d. Section 15

 

110. Rules may prescribe the procedure for making deductions referred to in:

a. Section 5

b. Section 8

c. Section 10

d. Section 25A

 

111. The proviso to Section 9(2) relates to:

a. Conditions subject to which deductions may be made for absence from duty

b. Payment of delayed wages

c. Recovery of loans

d. Appointment of authorities

 

112. Rules may prescribe the authority competent to approve the purposes on which:

a. Wages are spent

b. Proceeds of fines are expended

c. Loans are granted

d. Court fees are paid

 

113. The extent to which advances may be made and installments by which they may be recovered are prescribed with reference to:

a. Section 8

b. Section 10

c. Section 12(b)

d. Section 15

 

114. Rules regarding loans under Section 12A may prescribe:

a. Amount of wages and bonus

b. Extent of loans and rate of interest payable

c. Appointment of Inspectors

d. Procedure of appeals

 

115. The powers of Inspectors under the Payment of Wages Act may be prescribed under:

a. Section 26(3)(ib)

b. Section 15(3)

c. Section 17

d. Section 22A

 

116. Rules may regulate the scales of:

a. Wages

b. Costs allowed in proceedings under the Act

c. Penalties

d. Fines imposed on employees

 

117. Court-fees payable in proceedings under the Payment of Wages Act may be prescribed by rules under:

a. Section 26(3)(k)

b. Section 20

c. Section 21

d. Section 25

 

118. The abstracts to be contained in notices required under Section 25 may be prescribed under:

a. Section 26(3)(l)

b. Section 26(3)(a)

c. Section 24

d. Section 18

 

119. Rules relating to nomination under Section 25A may prescribe:

a. Form and manner of making nominations

b. Amount of penalties

c. Procedure of criminal trial

d. Appointment of employers

 

120. Rules under Section 26(3)(la) may provide for cancellation or variation of:

a. Employment contracts

b. Nominations made under Section 25A

c. Wage periods

d. Appeals

 

121. The authority with whom amounts are deposited under Section 25A(1)(b) is specified by rules under:

a. Section 26(3)(lb)

b. Section 26(3)(j)

c. Section 26(3)(f)

d. Section 20(6)

 

122. Rules made under Section 26 may provide for:

a. Any other matter which is to be or may be prescribed

b. Amendment of the Act

c. Repeal of provisions

d. Creation of new rights

 

123. Contravention of rules made under Section 26 may be punishable with fine:

a. Up to ₹500 only

b. Not less than ₹750 and may extend to ₹1,500

c. Not less than ₹1,500 and may extend to ₹7,500

d. Up to ₹10,000

 

124. Rules made under Section 26 are subject to:

a. Previous publication

b. Approval of Supreme Court

c. Consent of employers

d. Approval of trade unions

 

125. The period specified for publication of draft rules under Section 26(5) shall not be less than:

a. One month

b. Two months

c. Three months

d. Six months

 

126. The date for publication of draft rules under Section 26(5) is specified under:

a. Section 23(3) of the General Clauses Act, 1897

b. Section 17 of CPC

c. Section 21 of IPC

d. Section 15 of CrPC

 

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