The Payment of Wages Act, 1936 One Liner Notes

Download Android App    Download iOS App
Note: 1. Use ORG Code: XLVPGR For IOS and Web APP. 2. To Download the PDF it is necessary to download the App. 3. You can Use Only Sigle Device to access the Courses on App

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

 The Payment of Wages Act, 1936 One Liner Notes Pdf Download

 

THE PAYMENT OF WAGES ACT, 1936

 

PREAMBLE

What is the Act number of the Payment of Wages Act, 1936?

 Act No. 4 of 1936.

On what date was the Payment of Wages Act, 1936 enacted?

 23rd April, 1936.

What is the object of the Payment of Wages Act, 1936?

 To regulate the payment of wages of certain classes to employed persons.

To whom does the Payment of Wages Act, 1936 apply according to its long title?

 Certain classes of employed persons.

What does the Preamble state is expedient?

 To regulate the payment of wages to certain classes of employed persons.

By what words is the Payment of Wages Act, 1936 enacted?

 It is hereby enacted as follows.

What is the subject matter of Section 1?

 Short title, extent, commencement and application.

What is the short title of the Act under Section 1(1)?

 The Payment of Wages Act, 1936.

What is the extent of the Act under Section 1(2)?

 It extends to the whole of India.

When does the Act come into force under Section 1(3)?

 On such date as the Central Government may appoint by notification in the Official Gazette.

To whom does the Act apply in the first instance under Section 1(4)?

 Persons employed in a factory.

Does the Act apply to persons employed upon any railway under Section 1(4)?

 Yes.

Does the Act apply to persons employed through a sub-contractor under a contract with a railway administration under Section 1(4)?

 Yes.

Does the Act apply to persons employed in industrial or other establishments specified under Section 2(ii)(a) to (g) under Section 1(4)?

 Yes.

Who may extend the provisions of the Act under Section 1(5)?

 The Appropriate Government.

What notice is required before extending the provisions of the Act under Section 1(5)?

 Three months' notice of its intention.

To which establishments may the Act be extended under Section 1(5)?

 Establishments or classes of establishments specified under Section 2(ii)(h).

What does the Proviso to Section 1(5) provide?

 No notification relating to an establishment owned by the Central Government shall be issued except with the concurrence of the Central Government.

To what wages does the Act apply under Section 1(6)?

 Wages payable in respect of a wage period not exceeding ₹24,000 per month.

Who may specify a higher wage limit under Section 1(6)?

 The Central Government.

On what basis may the wage limit be revised under Section 1(6)?

 On the basis of the Consumer Expenditure Survey published by the National Sample Survey Organisation.

How frequently may the wage limit be revised under Section 1(6)?

 Every five years.

How is the revised wage limit notified under Section 1(6)?

 By notification in the Official Gazette.

What is the subject matter of Section 2?

 Definitions.

What is the meaning of "appropriate Government" under Section 2(i)?

 In relation to railways, air transport services, mines and oilfields, the Central Government; in all other cases, the State Government.

Which Government is the appropriate Government for railways under Section 2(i)?

 The Central Government.

Which Government is the appropriate Government for air transport services under Section 2(i)?

 The Central Government.

Which Government is the appropriate Government for mines under Section 2(i)?

 The Central Government.

Which Government is the appropriate Government for oilfields under Section 2(i)?

 The Central Government.

Which Government is the appropriate Government in all other cases under Section 2(i)?

 The State Government.

Who is an "employed person" under Section 2(ia)?

 It includes the legal representative of a deceased employed person.

Who is an "employer" under Section 2(ib)?

 It includes the legal representative of a deceased employer.

What is a "factory" under Section 2(ic)?

 A factory as defined in Section 2(m) of the Factories Act, 1948.

What else is included in the definition of "factory" under Section 2(ic)?

 Any place to which the provisions of the Factories Act, 1948 have been applied under Section 85(1) thereof.

What is the subject matter of Section 2(ii)?

 Definition of "industrial or other establishment".

What is an industrial or other establishment under Section 2(ii)(a)?

 A tramway service or motor transport service engaged in carrying passengers or goods or both by road for hire or reward.

What is an industrial or other establishment under Section 2(ii)(aa)?

 An air transport service other than one 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.

What is an industrial or other establishment under Section 2(ii)(b)?

 A dock, wharf or jetty.

What is an industrial or other establishment under Section 2(ii)(c)?

 An inland vessel mechanically propelled.

What is an industrial or other establishment under Section 2(ii)(d)?

 A mine, quarry or oilfield.

What is an industrial or other establishment under Section 2(ii)(e)?

 A plantation.

What is an industrial or other establishment under Section 2(ii)(f)?

 A workshop or other establishment where articles are produced, adapted or manufactured for use, transport or sale.

. What is an industrial or other establishment under Section 2(ii)(g)?

 An establishment where work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or operations connected with navigation, irrigation, transmission and distribution of electricity or any other form of power is carried on.

What is an industrial or other establishment under Section 2(ii)(h)?

 Any other establishment or class of establishment specified by the Appropriate Government by notification in the Official Gazette.

What factors must the Appropriate Government consider before specifying an establishment under Section 2(ii)(h)?

 The nature of the establishment, the need for protection of persons employed therein and other relevant circumstances.

How is an establishment specified under Section 2(ii)(h)?

 By notification in the Official Gazette.

What is the meaning of "mine" under Section 2(iia)?

 It has the meaning assigned in Section 2(1)(j) of the Mines Act, 1952.

What is the meaning of "plantation" under Section 2(iii)?

 It has the meaning assigned in Section 2(f) of the Plantations Labour Act, 1951.

What does "prescribed" mean under Section 2(iv)?

 Prescribed by rules made under the Payment of Wages Act.

What is the meaning of "railway administration" under Section 2(v)?

 It has the meaning assigned in Section 2(32) of the Railways Act, 1989.

What is the subject matter of Section 2(vi)?

 Definition of "wages".

What are "wages" under Section 2(vi)?

 All remuneration expressed in terms of money or capable of being so expressed, payable in respect of employment or work done if the terms of employment are fulfilled.

What is included in wages under Section 2(vi)(a)?

 Remuneration payable under any award, settlement between the parties or order of a Court.

What is included in wages under Section 2(vi)(b)?

 Remuneration payable for overtime work, holidays or any leave period.

What is included in wages under Section 2(vi)(c)?

 Additional remuneration payable under the terms of employment, whether called a bonus or by any other name.

What is included in wages under Section 2(vi)(d)?

 Any sum payable on termination of employment under any law, contract or instrument which does not provide the time for payment.

What is included in wages under Section 2(vi)(e)?

 Any sum to which the employed person is entitled under any scheme framed under any law for the time being in force.

What bonus is excluded from wages under Section 2(vi)(1)?

 A bonus which does not form part of the remuneration under the terms of employment or is not payable under an award, settlement or Court order.

What amenities are excluded from wages under Section 2(vi)(2)?

 The value of house accommodation, light, water, medical attendance, other amenities or services excluded by a general or special order of the Appropriate Government.

What provident fund payments are excluded from wages under Section 2(vi)(3)?

 Employer's contribution to any pension or provident fund and the interest accrued thereon.

What travelling payments are excluded from wages under Section 2(vi)(4)?

 Any travelling allowance or the value of any travelling concession.

What special expenses are excluded from wages under Section 2(vi)(5)?

 Any sum paid to defray special expenses entailed by the nature of employment.

What gratuity is excluded from wages under Section 2(vi)(6)?

 Gratuity payable on termination of employment in cases other than those specified in Section 2(vi)(d).

What is the subject matter of Section 3?

 Responsibility for payment of wages.

Who is primarily responsible for payment of wages under Section 3(1)?

 Every employer.

Who is responsible for payment of wages in a factory under Section 3(1)(a)?

 The person named as the manager of the factory under Section 7(1)(f) of the Factories Act, 1948.

Who is responsible for payment of wages in an industrial or other establishment under Section 3(1)(b)?

 The person responsible to the employer for the supervision and control of the industrial or other establishment.

Who is responsible for payment of wages upon railways under Section 3(1)(c)?

 The person nominated by the railway administration for the local area concerned.

Who is responsible for payment of wages in the case of a contractor under Section 3(1)(d)?

 The person designated by the contractor who is directly under his charge.

Who is responsible for payment of wages in any other case under Section 3(1)(e)?

 The person designated by the employer for complying with the provisions of the Act.

What is the responsibility of the persons named, responsible, nominated or designated under Section 3(1)?

 They shall be responsible for payment of wages.

Who is responsible for payment of wages if the contractor or designated person fails to make payment under Section 3(2)?

 The employer.

Does Section 3(2) override Section 3(1)?

 Yes, it begins with a non-obstante clause.

What is the subject matter of Section 4?

 Fixation of wage-periods.

Who shall fix wage-periods under Section 4(1)?

 Every person responsible for the payment of wages under Section 3.

What is meant by "wage-period" under Section 4(1)?

 The period in respect of which wages are payable.

What is the maximum duration of a wage-period under Section 4(2)?

 One month.

What is the subject matter of Section 4?

 Fixation of wage-periods.

Who shall fix wage-periods under Section 4(1)?

 Every person responsible for the payment of wages under Section 3.

What is meant by "wage-period" under Section 4(1)?

 The period in respect of which wages are payable.

What is the maximum duration of a wage-period under Section 4(2)?

 One month.

What is the subject matter of Section 5?

 Time of payment of wages.

When must wages be paid under Section 5(1)(a)?

 Before the expiry of the seventh day after the last day of the wage-period.

To whom does Section 5(1)(a) apply?

 Persons employed in a railway, factory or industrial or other establishment employing less than one thousand persons.

When must wages be paid under Section 5(1)(b)?

 Before the expiry of the tenth day after the last day of the wage-period.

To whom does Section 5(1)(b) apply?

 Persons employed in any other railway, factory or industrial or other establishment.

What does the Proviso to Section 5(1) provide?

 In the case of persons employed on a dock, wharf, jetty or in a mine, the balance of wages due after completion of the final tonnage account shall be paid before the expiry of the seventh day from such completion.

When must wages be paid on termination of employment under Section 5(2)?

 Before the expiry of the second working day from the day of termination.

What does the Proviso to Section 5(2) provide?

 Where employment is terminated due to closure of the establishment (other than a weekly or recognised holiday), wages shall be paid before the expiry of the second day from the date of termination.

Who may grant exemption under Section 5(3)?

 The Appropriate Government.

How may exemption be granted under Section 5(3)?

 By general or special order.

Who may be exempted under Section 5(3)?

 The person responsible for payment of wages to persons employed upon any railway (otherwise than in a factory) or to daily-rated workers in the Public Works Department of the Appropriate Government.

What does the Proviso to Section 5(3) provide?

 No exemption relating to daily-rated workers in the Public Works Department shall be granted except in consultation with the Central Government.

On which day must wages be paid under Section 5(4)?

 On a working day.

What is the exception under Section 5(4)?

 Save as otherwise provided in Section 5(2).

What is the subject matter of Section 6?

 Wages to be paid in current coin or currency notes or by cheque or crediting in bank account.

In what modes may wages be paid under Section 6?

 In current coin, currency notes, by cheque or by crediting the wages in the employee's bank account.

What does the Proviso to Section 6 provide?

 The Appropriate Government may specify industrial or other establishments whose employers shall pay wages only by cheque or by crediting the wages in the employee's bank account.

How does the Appropriate Government specify such establishments under the Proviso to Section 6?

 By notification in the Official Gazette.

What is the subject matter of Section 7?

 Deductions which may be made from wages.

Can wages be deducted under Section 7(1)?

 Yes, only deductions authorised by or under the Payment of Wages Act.

Which Act does Section 7(1) override?

 The Railways Act, 1989.

What is deemed to be a deduction from wages under Explanation I to Section 7?

 Every payment made by the employed person to the employer or his agent.

Is withholding of increment or promotion deemed to be a deduction from wages under Explanation II to Section 7?

 No, if the employer's rules conform to the requirements specified by the Appropriate Government.

Is reduction to a lower post, time scale or stage in a time scale deemed to be a deduction from wages under Explanation II to Section 7?

 No, if the employer's rules conform to the requirements specified by the Appropriate Government.

Is suspension deemed to be a deduction from wages under Explanation II to Section 7?

 No, if the employer's rules conform to the requirements specified by the Appropriate Government.

How are the requirements for employer's rules specified under Explanation II to Section 7?

 By the Appropriate Government through notification in the Official Gazette.

What does Section 7(2) provide?

 Deductions from wages shall be made only in accordance with the Act and only of the kinds specified therein.

What deduction is permitted under Section 7(2)(a)?

 Fines.

What deduction is permitted under Section 7(2)(b)?

 Deductions for absence from duty.

What deduction is permitted under Section 7(2)(c)?

 Deductions for damage to or loss of goods entrusted to the employed person or loss of money for which he is required to account, where directly attributable to his neglect or default.

What deduction is permitted under Section 7(2)(d)?

 Deductions for house accommodation supplied by the employer, Government, a housing board or any specified subsidising authority.

Who may specify any other authority engaged in subsidising house accommodation under Section 7(2)(d)?

 The Appropriate Government by notification in the Official Gazette.

What deduction is permitted under Section 7(2)(e)?

 Deductions for amenities and services supplied by the employer.

Who may authorise deductions for amenities and services under Section 7(2)(e)?

 The Appropriate Government or any officer specified by it by general or special order.

What does the Explanation to Section 7(2)(e) provide?

 "Services" does not include the supply of tools and raw materials required for the purposes of employment.

What deduction is permitted under Section 7(2)(f)?

 Deductions for recovery of advances of any nature, including travelling or conveyance allowance advances, interest thereon and adjustment of over-payments of wages.

What deduction is permitted under Section 7(2)(ff)?

 Deductions for recovery of loans from any labour welfare fund approved by the Appropriate Government and interest thereon.

What deduction is permitted under Section 7(2)(fff)?

 Deductions for recovery of house-building or other approved loans and interest thereon.

Who approves the loans under Section 7(2)(fff)?

 The Appropriate Government.

What deduction is permitted under Section 7(2)(g)?

 Deductions of income-tax payable by the employed person.

What deduction is permitted under Section 7(2)(h)?

 Deductions required by order of a Court or other competent authority.

What deduction is permitted under Section 7(2)(i)?

 Deductions for subscriptions to, and repayment of advances from, provident funds covered by the Provident Funds Act, recognised provident funds or provident funds approved by the Appropriate Government.

What deduction is permitted under Section 7(2)(ii)?

 Deductions for contribution to the National Defence Fund or any Defence Savings Scheme approved by the Appropriate Government.

Whose written authorisation is required under Section 7(2)(ii)?

 The employed person or the president or secretary of the registered trade union of which he is a member.

What deduction is permitted under Section 7(2)(j)?

 Deductions for payments to co-operative societies approved by the Appropriate Government or specified officer or to a scheme of insurance maintained by the Indian Post Office.

What deduction is permitted under Section 7(2)(k)?

 Deductions with written authorisation for life insurance premium, purchase of Government securities or deposits in a Post Office Savings Bank under a Government savings scheme.

Whose written authorisation is required under Section 7(2)(k)?

 The employed person.

What deduction is permitted under Section 7(2)(kk)?

 Deductions with written authorisation for contribution to a welfare fund constituted by the employer or a registered trade union and approved by the Appropriate Government or specified officer.

Whose written authorisation is required under Section 7(2)(kk)?

 The employed person.

What deduction is permitted under Section 7(2)(kkk)?

 Deductions with written authorisation for payment of membership fees of a registered trade union.

Whose written authorisation is required under Section 7(2)(kkk)?

 The employed person.

What deduction is permitted under Section 7(2)(l)?

 Deductions for payment of insurance premia on Fidelity Guarantee Bonds.

What deduction is permitted under Section 7(2)(m)?

 Deductions for recovery of losses sustained by a railway administration due to acceptance of counterfeit or base coins or mutilated or forged currency notes by the employed person.

What deduction is permitted under Section 7(2)(n)?

 Deductions for recovery of losses sustained by a railway administration due to the employed person's failure to invoice, bill, collect or account for appropriate charges.

What charges are covered under Section 7(2)(n)?

 Fares, freight, demurrage, wharfage, carnage, sale of food in catering establishments, sale of commodities in grain shops or other charges.

What deduction is permitted under Section 7(2)(o)?

 Deductions for recovery of losses sustained by a railway administration due to rebates or refunds incorrectly granted by the employed person where the loss is directly attributable to his neglect or default.

What deduction is permitted under Section 7(2)(p)?

 Deductions with the written authorisation of the employed person for contribution to the Prime Minister's National Relief Fund or any other Fund specified by the Central Government.

Whose written authorisation is required under Section 7(2)(p)?

 The employed person.

How is any other Fund specified under Section 7(2)(p)?

 By notification in the Official Gazette by the Central Government.

What deduction is permitted under Section 7(2)(q)?

 Deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.

What is the maximum deduction under Section 7(3)(i)?

 Seventy-five per cent of the wages where deductions are wholly or partly for payments to co-operative societies under Section 7(2)(j).

What is the maximum deduction under Section 7(3)(ii)?

 Fifty per cent of the wages in any other case.

What does the Proviso to Section 7(3) provide?

 Any excess over the permissible limit may be recovered in the prescribed manner.

Does Section 7(4) bar recovery of amounts payable under other laws?

 No.

Which Act is excluded under Section 7(4)?

 The Railways Act, 1989.

What is the subject matter of Section 8?

 Fines.

When can a fine be imposed under Section 8(1)?

 Only in respect of acts and omissions specified by the employer with the previous approval of the Appropriate Government or the prescribed authority.

Whose previous approval is required under Section 8(1)?

 The Appropriate Government or the prescribed authority.

How are the acts and omissions specified under Section 8(1)?

 By notice under Section 8(2).

How must the notice under Section 8(2) be exhibited?

 In the prescribed manner.

Where must the notice be exhibited under Section 8(2)?

 On the premises where the employment is carried on or, for railway employees (otherwise than in a factory), at the prescribed place or places.

Can a fine be imposed without giving the employed person an opportunity of showing cause under Section 8(3)?

 No.

Can a fine be imposed otherwise than in accordance with the prescribed procedure under Section 8(3)?

 No.

What is the maximum fine that may be imposed in one wage-period under Section 8(4)?

 Three per cent of the wages payable for that wage-period.

Can a fine be imposed on an employed person below fifteen years of age under Section 8(5)?

 No.

Can a fine be recovered by instalments under Section 8(6)?

 No.

Within what period must a fine be recovered under Section 8(6)?

 Within ninety days from the day on which it was imposed.

On which day is a fine deemed to have been imposed under Section 8(7)?

 On the day of the act or omission in respect of which it was imposed.

What must be recorded under Section 8(8)?

 All fines and all realisations thereof.

Who shall maintain the register under Section 8(8)?

 The person responsible for payment of wages under Section 3.

In what form shall the register under Section 8(8) be maintained?

 In the prescribed form.

For what purpose shall the realisations of fines be applied under Section 8(8)?

 Only for purposes beneficial to the persons employed in the factory or establishment as approved by the prescribed authority.

What does the Explanation to Section 8 provide?

 Where employees form part only of a staff under the same management, all realisations may be credited to a common fund for the whole staff.

For what purpose may the common fund under the Explanation to Section 8 be used?

 Only for purposes approved by the prescribed authority.

What is the subject matter of Section 9?

 Deductions for absence from duty.

On what ground may deductions under Section 7(2)(b) be made?

 Absence of an employed person from the place or places where he is required to work.

Under which provision are deductions for absence from duty authorised?

 Section 7(2)(b).

From where must an employed person be absent for deduction under Section 9(1)?

 The place or places where, by the terms of his employment, he is required to work.

During what period must the absence occur for deduction under Section 9(1)?

 The whole or any part of the period during which he is required to work.

How shall the amount of deduction for absence from duty be determined?

 In proportion to the period of absence.

To what wages shall the deduction under Section 9(2) be proportionate?

 The wages payable in respect of the wage-period for which the deduction is made.

With what shall the period of absence be compared for calculating deduction?

 The total period during the wage-period during which the employed person was required to work.

What is the minimum number of employed persons required for the proviso to Section 9(2) to apply?

 Ten employed persons.

How must the employed persons absent themselves for the proviso to Section 9(2) to apply?

 Acting in concert.

What type of notice must be absent for the proviso to Section 9(2) to apply?

 Due notice required under the terms of their contracts of employment.

What is meant by absence without due notice under the proviso to Section 9(2)?

 Absence without giving the notice required under the terms of the contracts of employment.

What additional condition must be satisfied for the proviso to Section 9(2) to apply?

 The absence shall be without reasonable cause.

Subject to whose rules does the proviso to Section 9(2) operate?

 Rules made by the Appropriate Government.

What additional deduction may be made under the proviso to Section 9(2)?

 An amount due to the employer in lieu of due notice.

What is the maximum additional deduction permissible under the proviso to Section 9(2)?

 Wages for eight days.

Under what terms must the additional amount be due to the employer?

 Under the terms of the contract of employment.

When shall an employed person be deemed to be absent under the Explanation to Section 9?

 When, although present at the place of work, he refuses to carry out his work.

Can refusal to work in pursuance of a stay-in strike amount to absence under the Explanation to Section 9?

 Yes, it shall be deemed to be absence.

Can refusal to work for any other unreasonable cause amount to absence under the Explanation to Section 9?

 Yes, it shall be deemed to be absence.

What type of cause, other than a stay-in strike, results in deemed absence under the Explanation to Section 9?

 A cause which is not reasonable in the circumstances.

What is the subject matter of Section 10?

 Deductions for damage or loss.

What is the maximum deduction permissible under Section 7(2)(c)?

 The amount of the damage or loss caused to the employer by the neglect or default of the employed person.

What is the maximum deduction permissible under Section 7(2)(o)?

 The amount of the damage or loss caused to the employer by the neglect or default of the employed person.

By what must the damage or loss under Section 10(1) be caused?

 The neglect or default of the employed person.

Under which clauses of Section 7(2) shall no deduction be made without complying with Section 10(1A)?

 Clauses (c), (m), (n) and (o).

What opportunity shall be given before making a deduction under Section 10(1A)?

 An opportunity of showing cause against the deduction.

Can a deduction under Section 10(1A) be made without giving the employed person an opportunity of showing cause?

 No.

In accordance with what shall deductions under Section 10(1A) be made?

 The prescribed procedure for making such deductions.

What shall be recorded in the register maintained under Section 10(2)?

 All deductions.

What else shall be recorded in the register maintained under Section 10(2)?

 All realisations of such deductions.

Who shall keep the register under Section 10(2)?

 The person responsible for the payment of wages under section 3.

In what form shall the register under Section 10(2) be maintained?

 In the prescribed form.

What is the subject matter of Section 11?

 Deductions for services rendered.

Under which clauses of Section 7(2) does Section 11 apply?

 Clauses (d) and (e) of Section 7(2).

What is the condition for making a deduction under Section 7(2)(d)?

 The house-accommodation has been accepted by the employed person as a term of employment or otherwise.

What is the condition for making a deduction under Section 7(2)(e)?

 The amenity or service has been accepted by the employed person as a term of employment or otherwise.

How may an employed person accept house-accommodation under Section 11?

 As a term of employment.

How else may an employed person accept house-accommodation under Section 11?

 Otherwise.

How may an employed person accept an amenity or service under Section 11?

 As a term of employment.

How else may an employed person accept an amenity or service under Section 11?

 Otherwise.

What is the maximum deduction for house-accommodation under Section 11?

 An amount equivalent to the value of the house-accommodation supplied.

What is the maximum deduction for an amenity under Section 11?

 An amount equivalent to the value of the amenity supplied.

What is the maximum deduction for a service under Section 11?

 An amount equivalent to the value of the service supplied.

To whose conditions is a deduction under Section 7(2)(e) subject?

 Conditions imposed by the Appropriate Government.

What is the subject matter of Section 12?

 Deductions for recovery of advances.

Under which clause of Section 7(2) does Section 12 apply?

 Clause (f) of Section 7(2).

When shall recovery of an advance given before employment began be made?

 From the first payment of wages in respect of a complete wage-period.

What type of advance is recoverable from the first payment of wages under Section 12(a)?

 An advance of money given before employment began.

In respect of what wage-period shall recovery under Section 12(a) be made?

 A complete wage-period.

Which advance given before employment shall not be recovered under Section 12(a)?

 An advance given for travelling expenses.

What type of advance is governed by Section 12(aa)?

 An advance of money given after employment began.

To whose conditions is recovery of an advance given after employment began subject?

 Conditions imposed by the Appropriate Government.

What type of advances are governed by Section 12(b)?

 Advances of wages not already earned.

To whose rules is recovery of advances of wages not already earned subject?

 Rules made by the Appropriate Government.

What may the rules made by the Appropriate Government regulate under Section 12(b)?

 The extent to which advances of wages not already earned may be given.

What else may the rules made by the Appropriate Government regulate under Section 12(b)?

 The instalments by which advances of wages not already earned may be recovered.

What is the subject matter of Section 12A?

 Deductions for recovery of loans.

To what are deductions under Section 12A subject?

 Rules made by the Appropriate Government.

Which loans are covered under Section 12A?

 Loans granted under Section 7(2)(fff).

What may the rules under Section 12A regulate?

 The extent to which such loans may be granted and the rate of interest payable thereon.

What is the subject matter of Section 13?

 Deductions for payments to co-operative societies and insurance schemes.

Which deductions are covered under Section 13?

 Deductions under Section 7(2)(j) and Section 7(2)(k).

To what are deductions under Section 13 subject?

 Such conditions as the Appropriate Government may impose.

What is the subject matter of Section 13A?

 Maintenance of registers and records.

Who shall maintain registers and records under Section 13A(1)?

 Every employer.

What particulars shall be maintained under Section 13A(1)?

 Particulars of persons employed, work performed, wages paid, deductions made, receipts given and other prescribed particulars.

In what form shall registers and records be maintained under Section 13A(1)?

 In the prescribed form.

For how long shall registers and records be preserved under Section 13A(2)?

 Three years after the date of the last entry made therein.

What is the subject matter of Section 14?

 Inspectors.

Who is an Inspector under Section 14(1)?

 An Inspector of Factories appointed under Section 8(1) of the Factories Act, 1948.

In respect of whom is an Inspector of Factories an Inspector under Section 14(1)?

 All factories within the local limits assigned to him.

Who may appoint Inspectors under Section 14(2)?

 The Appropriate Government.

For whom may Inspectors be appointed under Section 14(2)?

 Persons employed upon a railway (otherwise than in a factory) to whom the Act applies.

Who may appoint other Inspectors under Section 14(3)?

 The Appropriate Government.

How are other Inspectors appointed under Section 14(3)?

 By notification in the Official Gazette.

What may the Appropriate Government define under Section 14(3)?

 The local limits and the class of factories and industrial or other establishments in respect of which Inspectors shall exercise their functions.

What power is conferred on an Inspector under Section 14(4)(a)?

 To make such examination and inquiry as he thinks fit to ascertain compliance with the Act and the rules.

What power is conferred on an Inspector under Section 14(4)(b)?

 To enter, inspect and search any railway, factory or industrial or other establishment at any reasonable time.

For what purpose may an Inspector enter, inspect and search under Section 14(4)(b)?

 For carrying out the object of the Act.

What power is conferred on an Inspector under Section 14(4)(c)?

 To supervise the payment of wages.

What power is conferred on an Inspector under Section 14(4)(d)?

 To require production of registers or records by written order and record statements.

Where may production of registers or records be required under Section 14(4)(d)?

 At the prescribed place.

What power is conferred on an Inspector under Section 14(4)(e)?

 To seize or take copies of relevant registers or documents relating to an offence under the Act.

What power is conferred on an Inspector under Section 14(4)(f)?

 To exercise such other powers as may be prescribed.

What protection is provided by the Proviso to Section 14(4)?

 No person shall be compelled to answer any question or make any statement tending to incriminate himself.

Which provisions apply to searches and seizures under Section 14(4A)?

 The provisions of the BNSS relating to searches and seizures under Section 97.

What is the status of an Inspector under Section 14(5)?

 Every Inspector shall be deemed to be a public servant within the meaning of the Bharatiya Nyaya Sanhita, 2023.

What is the subject matter of Section 15?

 Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.

Who may appoint the authority under Section 15(1)?

 The Appropriate Government.

How is the authority appointed under Section 15(1)?

 By notification in the Official Gazette.

Who may be appointed as the authority under Section 15(1)(a)?

 Any Commissioner for Workmen's Compensation.

Who may be appointed as the authority under Section 15(1)(b)(i)?

 A Regional Labour Commissioner of the Central Government.

Who may be appointed as the authority under Section 15(1)(b)(ii)?

 An Assistant Labour Commissioner of the Central Government with at least two years' experience.

Who may be appointed as the authority under Section 15(1)(c)?

 An officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years' experience.

Who may be appointed as the authority under Section 15(1)(d)?

 A Presiding Officer of a Labour Court or Industrial Tribunal.

Who may be appointed as the authority under Section 15(1)(e)?

 Any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate.

For what purpose is the authority appointed under Section 15(1)?

 To hear and decide claims arising out of deductions from wages or delay in payment of wages, including incidental matters.

What does the Proviso to Section 15(1) provide?

 The Appropriate Government may appoint more than one authority for a specified area and distribute or allocate work among them.

Who may apply under Section 15(2)?

 The employed person.

Who else may apply under Section 15(2)?

 A legal practitioner authorised in writing by the employed person.

Who else may apply under Section 15(2)?

 An official of a registered trade union authorised in writing by the employed person.

Who else may apply under Section 15(2)?

 An Inspector under the Act.

Who else may apply under Section 15(2)?

 Any other person acting with the permission of the authority.

For what relief may an application be made under Section 15(2)?

 For a direction under Section 15(3) regarding unlawful deductions or delayed payment of wages.

Within what period must an application under Section 15(2) be presented?

 Within twelve months from the date of deduction or the date on which wages became due.

When may an application be admitted after twelve months under the second Proviso to Section 15(2)?

 When the applicant shows sufficient cause for the delay.

What must the authority do under Section 15(3) before passing an order?

 Hear the applicant and the employer or other person responsible for payment of wages, or give them an opportunity of being heard.

What inquiry may the authority conduct under Section 15(3)?

 Such further inquiry as may be necessary.

What directions may the authority issue under Section 15(3)?

 Refund of the amount deducted or payment of delayed wages together with compensation.

What is the maximum compensation for unlawful deduction under Section 15(3)?

 Ten times the amount deducted.

What is the compensation for delayed wages under Section 15(3)?

 Not exceeding ₹3,000 but not less than ₹1,500.

Can compensation be awarded even if the deducted amount or delayed wages have already been paid?

 Yes.

What is the maximum compensation where the amount deducted or delayed wages have already been paid before disposal of the application?

 ₹2,000.

Within what period should a claim be disposed of under the first Proviso to Section 15(3)?

 As far as practicable, within three months from the date of registration of the claim.

When may the three-month period be extended under the second Proviso to Section 15(3)?

 When both parties agree for a bona fide reason recorded by the authority.

When shall no compensation for delayed wages be awarded under the third Proviso to Section 15(3)(a)?

 When the delay was due to a bona fide error or bona fide dispute as to the amount payable.

When shall no compensation for delayed wages be awarded under the third Proviso to Section 15(3)(b)?

 When the delay was due to an emergency or exceptional circumstances despite reasonable diligence.

When shall no compensation for delayed wages be awarded under the third Proviso to Section 15(3)(c)?

 When the employed person failed to apply for or accept payment.

What must the authority be satisfied of under Section 15(4)(a)?

 That the application was malicious or vexatious.

What may the authority direct under Section 15(4)(a)?

 Payment of a penalty not exceeding ₹375 to the employer or other person responsible for payment of wages.

Who shall pay the penalty under Section 15(4)(a)?

 The person presenting the application.

What must the authority be satisfied of under Section 15(4)(b)?

 That the applicant ought not to have been compelled to seek redress under Section 15.

What may the authority direct under Section 15(4)(b)?

 Payment of a penalty not exceeding ₹375 to the Appropriate Government.

Who shall pay the penalty under Section 15(4)(b)?

 The employer or other person responsible for payment of wages.

Whose decision regarding legal representatives is final under Section 15(4A)?

 The decision of the authority.

What dispute is covered under Section 15(4A)?

 A dispute regarding the legal representative or representatives of the employer or the employed person.

What is the nature of an inquiry under Section 15(4B)?

 It is deemed to be a judicial proceeding.

For the purposes of which IPC sections is the inquiry deemed to be a judicial proceeding under Section 15(4B)?

 Sections 229, 257 and 267 of the BNS.

How may an amount directed to be paid under Section 15 be recovered where the authority is a Magistrate under Section 15(5)(a)?

 As if it were a fine imposed by the Magistrate.

How may an amount directed to be paid under Section 15 be recovered where the authority is not a Magistrate under Section 15(5)(b)?

 By the Magistrate on the authority's application as if it were a fine imposed by that Magistrate.

What is the subject matter of Section 16?

 Single application in respect of claims from unpaid group.

When are employed persons deemed to belong to the same unpaid group under Section 16(1)?

 When they are borne on the same establishment and deductions have been made from their wages in contravention of the Act for the same cause and during the same wage period or periods, or their wages for the same wage period or periods remain unpaid after the day fixed under Section 5.

Can a single application be presented under Section 16(2)?

 Yes.

On whose behalf may a single application under Section 16(2) be presented?

 Any number of employed persons belonging to the same unpaid group.

What compensation may be awarded under Section 16(2)?

 Every person on whose behalf the application is presented may be awarded the maximum compensation specified under Section 15(3).

Can the authority treat separate pending applications as a single application under Section 16(3)?

 Yes.

In respect of whom may separate applications be treated as a single application under Section 16(3)?

 Persons belonging to the same unpaid group.

Which provisions apply when separate applications are treated as a single application under Section 16(3)?

 The provisions of Section 16(2).

What is the subject matter of Section 17?

 Appeal.

Against which orders does an appeal lie under Section 17(1)?

 An order dismissing wholly or partly an application under Section 15(2) or a direction under Section 15(3) or Section 15(4).

Within what period must an appeal under Section 17(1) be preferred?

 Within thirty days from the date of the order or direction.

Before which court does an appeal lie in a Presidency-town under Section 17(1)?

 The Court of Small Causes.

Before which court does an appeal lie elsewhere under Section 17(1)?

 The District Court.

When may the employer or other person responsible for payment of wages appeal under Section 17(1)(a)?

 When the total sum directed to be paid by way of wages and compensation exceeds ₹300 or the direction imposes a financial liability exceeding ₹1,000.

Who may appeal under Section 17(1)(b)?

 The employed person, his authorised legal practitioner, authorised official of a registered trade union, an Inspector or any other person permitted under Section 15(2).

When may an appeal be filed under Section 17(1)(b)?

 When the wages claimed to have been withheld exceed ₹20 for an employed person or ₹50 for the unpaid group.

Who may appeal under Section 17(1)(c)?

 Any person directed to pay a penalty under Section 15(4).

What is the condition for an appeal under Section 17(1A)?

 The memorandum of appeal must be accompanied by a certificate that the appellant has deposited the amount payable under the direction appealed against.

To which appeals does Section 17(1A) apply?

 Appeals under Section 17(1)(a).

What is the effect of Section 17(2)?

 Orders under Section 15 become final except as provided in Section 17(1).

What may the authority do pending an employer's appeal under Section 17(3)?

 Withhold payment of any sum deposited with it.

When must the authority withhold payment under Section 17(3)?

 When directed by the appellate court.

What power does the appellate court have under Section 17(4)?

 It may submit any question of law to the High Court.

How shall the appellate court decide a question referred under Section 17(4)?

 In conformity with the decision of the High Court.

What is the subject matter of Section 17A?

 Conditional attachment of property of employer or other person responsible for payment of wages.

When may the authority exercise powers under Section 17A(1)?

 After an application has been made under Section 15(2).

When may the Court exercise powers under Section 17A(1)?

 After an appeal has been filed under Section 17 by the employed person or other authorised person.

Who may file an appeal for the purposes of Section 17A(1)?

 The employed person, an authorised legal practitioner, an authorised official of a registered trade union, an Inspector or any other person permitted under Section 15(2).

What must the authority or Court be satisfied of under Section 17A(1)?

 That the employer or other person responsible for payment of wages is likely to evade payment of any amount that may be directed to be paid.

What amount is covered under Section 17A(1)?

 Any amount that may be directed to be paid under Section 15 or Section 17.

What opportunity must ordinarily be given before attachment under Section 17A(1)?

 An opportunity of being heard to the employer or other person responsible for payment of wages.

When may the authority or Court dispense with giving an opportunity of hearing under Section 17A(1)?

 When it is of the opinion that the ends of justice would be defeated by the delay.

What may the authority or Court direct under Section 17A(1)?

 Attachment of so much of the employer's property as is sufficient to satisfy the amount that may become payable.

Which provisions apply to attachment under Section 17A(2)?

 The provisions of the Code of Civil Procedure, 1908 relating to attachment before judgment.

What is the subject matter of Section 18?

 Powers of authorities appointed under section 15.

Who is empowered under Section 18?

 Every authority appointed under section 15(1).

What powers does an authority appointed under Section 15(1) have?

 All the powers of a Civil Court under the Code of Civil Procedure, 1908.

For what purpose may the authority exercise the powers of a Civil Court?

 Taking evidence.

For what purpose may the authority exercise the powers of a Civil Court?

 Enforcing the attendance of witnesses.

For what purpose may the authority exercise the powers of a Civil Court?

 Compelling the production of documents.

For what purpose shall an authority appointed under Section 15(1) be deemed to be a Civil Court?

 For the purposes of section 215 of BNSS.

For what other purpose shall an authority appointed under Section 15(1) be deemed to be a Civil Court?

 For the purposes of Chapter XXVIII of the BNSS.

What is the subject matter of Section 19?

 Power to recover from employer in certain cases.

What is the status of Section 19?

 Omitted.

By which Act was Section 19 omitted?

 The Payment of Wages (Amendment) Act, 1964.

By which section was Section 19 omitted?

 Section 17 of the Payment of Wages (Amendment) Act, 1964.

With effect from what date was Section 19 omitted?

 1-2-1965.

What is the subject matter of Section 20?

 Penalty for offences under the Act.

What is the punishment for contravention of Sections 5 (except Section 5(4)), 7, 8 (except Section 8(8)), 9, 10 (except Section 10(2)) and Sections 11 to 13 under Section 20(1)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

Who is liable under Section 20(1)?

 A person responsible for payment of wages to an employed person.

What is the punishment for contravention of Section 4 under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for contravention of Section 5(4) under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for contravention of Section 6 under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for contravention of Section 8(8) under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for contravention of Section 10(2) under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for contravention of Section 25 under Section 20(2)?

 Fine which may extend to ₹3,750.

What is the punishment for failure to nominate or designate a person under Section 3 as provided in Section 20(2A)?

 Fine which may extend to ₹3,000.

What is the punishment for failure to maintain any register or record under Section 20(3)(a)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for wilfully refusing or without lawful excuse neglecting to furnish any information or return under Section 20(3)(b)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for wilfully furnishing false information or return under Section 20(3)(c)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for refusing to answer or wilfully giving a false answer under Section 20(3)(d)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for wilfully obstructing an Inspector under Section 20(4)(a)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for refusing or wilfully neglecting to afford reasonable facilities to an Inspector under Section 20(4)(b)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for wilfully refusing to produce any register or document demanded by an Inspector under Section 20(4)(c)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for preventing or attempting to prevent a person from appearing before or being examined by an Inspector under Section 20(4)(d)?

 Fine of not less than ₹1,500 but which may extend to ₹7,500.

What is the punishment for a subsequent conviction for contravention of the same provision under Section 20(5)?

 Fine of not less than ₹3,750 but which may extend to ₹22,500.

What does the Proviso to Section 20(5) provide?

 No cognizance shall be taken of any conviction made more than two years before the commission of the subsequent offence came to the knowledge of the Inspector.

What is the punishment for failure or wilful neglect to pay wages by the date fixed by the authority under Section 20(6)?

 An additional fine which may extend to ₹750 for each day the failure or neglect continues.

Does the punishment under Section 20(6) prejudice any other action?

 No, it is without prejudice to any other action that may be taken.

What is the subject matter of Section 21?

 Procedure in trial of offences.

When shall no Court take cognizance of a complaint under Section 20(1)?

 Unless the conditions specified in Section 21(1) are fulfilled.

In respect of what offence does Section 21(1) apply?

 An offence under Section 20(1).

What application must have been presented before cognizance can be taken under Section 21(1)?

 An application under Section 15 in respect of the facts constituting the offence.

What must happen to the application presented under Section 15 before cognizance can be taken under Section 21(1)?

 It must have been granted wholly or in part.

Who may sanction the making of the complaint under Section 21(1)?

 The authority empowered under Section 15.

Who else may sanction the making of the complaint under Section 21(1)?

 The appellate Court granting the application.

What opportunity shall be given before sanctioning a complaint under Section 21(2)?

 An opportunity of showing cause against the grant of sanction.

To whom shall the opportunity under Section 21(2) be given?

 The person against whom the complaint is proposed.

Who grants the opportunity under Section 21(2)?

 The authority empowered under Section 15.

Who else may grant the opportunity under Section 21(2)?

 The appellate Court.

When shall sanction not be granted under Section 21(2)?

 When the person satisfies the authority or Court that the default was due to the specified grounds.

What is the first ground for refusing sanction under Section 21(2)(a)?

 A bona fide error.

What is the second ground for refusing sanction under Section 21(2)(a)?

 A bona fide dispute as to the amount payable to the employed person.

What is the first ground under Section 21(2)(b)?

 The occurrence of an emergency.

What is the second ground under Section 21(2)(b)?

 The existence of exceptional circumstances.

What additional condition must be satisfied under Section 21(2)(b)?

 The person responsible for payment of wages was unable to make prompt payment despite exercising reasonable diligence.

What is the ground under Section 21(2)(c)?

 Failure of the employed person to apply for payment.

What other ground under Section 21(2)(c)?

 Failure of the employed person to accept payment.

When shall no Court take cognizance of a contravention of Section 4?

 Except on a complaint made by or with the sanction of an Inspector.

When shall no Court take cognizance of a contravention of Section 6?

 Except on a complaint made by or with the sanction of an Inspector.

When shall no Court take cognizance of a contravention of rules made under Section 26?

 Except on a complaint made by or with the sanction of an Inspector.

Who may make a complaint for the purposes of Section 21(3)?

 An Inspector under this Act.

Whose sanction is sufficient for the purposes of Section 21(3)?

 The sanction of an Inspector under this Act.

When shall no Court take cognizance of an offence under Section 20(3)?

 Except on a complaint made by or with the sanction of an Inspector.

When shall no Court take cognizance of an offence under Section 20(4)?

 Except on a complaint made by or with the sanction of an Inspector.

What shall the Court consider while imposing a fine under Section 20(1)?

 The amount of compensation already awarded against the accused under Section 15.

Against whom must compensation have been awarded for Section 21(4) to apply?

 The accused.

Under which section must the compensation have been awarded?

 Section 15.

What is the subject matter of Section 22?

 Bar of suits.

When is a suit barred under Section 22(a)?

 When the claim forms the subject of an application under Section 15 pending before the authority or an appeal under Section 17.

When is a suit barred under Section 22(b)?

 When the claim has formed the subject of a direction under Section 15 in favour of the plaintiff.

When is a suit barred under Section 22(c)?

 When it has been adjudged in proceedings under Section 15 that the amount is not owed to the plaintiff.

When is a suit barred under Section 22(d)?

 When the amount could have been recovered by an application under Section 15.

What is the subject matter of Section 22A?

 Protection of action taken in good faith.

Against whom does protection under Section 22A apply?

 The Government or any officer of the Government.

What proceedings are barred under Section 22A?

 Suit, prosecution or other legal proceeding.

For what acts is protection granted under Section 22A?

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

What is the subject matter of Section 23?

 Contracting out.

What is the effect of a contract by which an employed person relinquishes a right conferred by this Act?

 It is null and void to the extent it deprives him of such right.

Does Section 23 apply to contracts made before the commencement of this Act?

 Contracts made before the commencement of this Act.

Does Section 23 apply to contracts made after the commencement of this Act?

 Contracts made after the commencement of this Act.

What type of agreement is covered under Section 23?

 An agreement by which an employed person relinquishes a right conferred by this Act.

To what extent is a contract or agreement void under Section 23?

 In so far as it purports to deprive the employed person of a right conferred by this Act.

Who is protected by Section 23?

 An employed person.

What is the subject matter of Section 24?

 Delegation of powers.

Who may delegate powers under Section 24?

 The Appropriate Government.

How may powers be delegated under Section 24?

 By notification in the Official Gazette.

What powers may be delegated under Section 24?

 Any power exercisable by the Appropriate Government under this Act.

To what may the delegation under Section 24 relate?

 Such matters as may be specified in the direction.

Subject to what may the delegation under Section 24 be made?

 Such conditions, if any, as may be specified in the direction.

Where the Appropriate Government is the Central Government, to whom may powers be delegated?

 An officer subordinate to the Central Government specified in the notification.

Where the Appropriate Government is the Central Government, to whom else may powers be delegated?

 An authority subordinate to the Central Government specified in the notification.

Where the Appropriate Government is the Central Government, to whom else may powers be delegated?

 The State Government.

Where the Appropriate Government is the Central Government, to whom else may powers be delegated?

 An officer subordinate to the State Government specified in the notification.

Where the Appropriate Government is the Central Government, to whom else may powers be delegated?

 An authority subordinate to the State Government specified in the notification.

Where the Appropriate Government is a State Government, to whom may powers be delegated?

 An officer subordinate to the State Government specified in the notification.

Where the Appropriate Government is a State Government, to whom else may powers be delegated?

 An authority subordinate to the State Government specified in the notification.

What is the subject matter of Section 25?

 Display by notice of abstracts of the Act.

Who shall display the notice under Section 25?

 The person responsible for the payment of wages.

To whom must the wages be payable for Section 25 to apply?

 Persons employed in a factory or an industrial or other establishment.

Where shall the notice under Section 25 be displayed?

 In the factory.

Where shall the notice under Section 25 be displayed?

 In the industrial or other establishment.

What shall the notice displayed under Section 25 contain?

 Abstracts of this Act.

What else shall the notice displayed under Section 25 contain?

 Abstracts of the rules made under this Act.

In which language shall the notice under Section 25 be displayed?

 English.

In which other language shall the notice under Section 25 be displayed?

 The language of the majority of the persons employed in the factory or industrial or other establishment.

What abstracts shall be displayed in the prescribed manner under Section 25?

 Such abstracts of this Act and the rules made thereunder as may be prescribed.

What is the subject matter of Section 25A?

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

To what are the provisions of Section 25A(1) subject?

 The other provisions of this Act.

Which amounts are covered under Section 25A(1)?

 All amounts payable to an employed person as wages.

When does Section 25A(1) apply on account of death?

 When the wages could not or cannot be paid because the employed person died before payment.

When does Section 25A(1) apply on account of whereabouts?

 When the whereabouts of the employed person are not known.

To whom shall undisbursed wages be paid under Section 25A(1)(a)?

 The person nominated by the employed person.

In accordance with what shall the nomination under Section 25A(1)(a) be made?

 The rules made under this Act.

When shall wages be deposited with the prescribed authority under Section 25A(1)(b)?

 Where no nomination has been made.

When else shall wages be deposited with the prescribed authority under Section 25A(1)(b)?

 Where the amounts cannot be paid to the nominated person for any reason.

Who shall deal with the amounts deposited under Section 25A(1)(b)?

 The prescribed authority.

How shall the prescribed authority deal with the deposited amounts under Section 25A(1)(b)?

 In the prescribed manner.

When is the employer discharged from liability under Section 25A(2)(a)?

 When the wages are paid to the person nominated by the employed person.

When is the employer discharged from liability under Section 25A(2)(b)?

 When the wages are deposited with the prescribed authority.

From what liability is the employer discharged under Section 25A(2)?

 Liability to pay those wages.

What is the subject matter of Section 26?

 Rule-making power.

Who may make rules under Section 26(1)?

 The Appropriate Government.

For what purpose may rules be made under Section 26(1)?

 To regulate the procedure to be followed by the authorities referred to in Section 15.

For what other purpose may rules be made under Section 26(1)?

 To regulate the procedure to be followed by the Courts referred to in Section 17.

Who may make rules under Section 26(2)?

 The Appropriate Government.

How shall rules under Section 26(2) be made?

 By notification in the Official Gazette.

For what purpose may rules be made under Section 26(2)?

 For carrying into effect the provisions of this Act.

What may rules under Section 26(3)(a) require?

 Maintenance of records necessary for the enforcement of the Act.

What may rules under Section 26(3)(a) require?

 Maintenance of registers necessary for the enforcement of the Act.

What may rules under Section 26(3)(a) require?

 Maintenance of returns necessary for the enforcement of the Act.

What may rules under Section 26(3)(a) require?

 Maintenance of notices necessary for the enforcement of the Act.

What may rules under Section 26(3)(a) prescribe?

 The form of records.

What may rules under Section 26(3)(a) prescribe?

 The form of registers.

What may rules under Section 26(3)(a) prescribe?

 The particulars to be entered in the registers.

What may rules under Section 26(3)(a) prescribe?

 The particulars to be entered in the records.

What may rules under Section 26(3)(b) require?

 Display of notices in a conspicuous place where employment is carried on.

What shall the notices under Section 26(3)(b) specify?

 Rates of wages payable to persons employed on the premises.

Where shall notices under Section 26(3)(b) be displayed?

 In a conspicuous place on the premises where employment is carried on.

What may rules under Section 26(3)(c) provide for?

 Regular inspection of weights used by employers for checking or ascertaining wages.

What may rules under Section 26(3)(c) provide for?

 Regular inspection of measures used by employers for checking or ascertaining wages.

What may rules under Section 26(3)(c) provide for?

 Regular inspection of weighing machines used by employers for checking or ascertaining wages.

For what purpose are weights, measures and weighing machines inspected under Section 26(3)(c)?

 For checking or ascertaining the wages of employed persons.

What may rules under Section 26(3)(d) prescribe?

 The manner of giving notice of the days on which wages will be paid.

What may rules under Section 26(3)(e) prescribe?

 The authority competent to approve acts and omissions under Section 8(1).

For what purpose is the authority under Section 26(3)(e) prescribed?

 To approve acts and omissions in respect of which fines may be imposed.

What may rules under Section 26(3)(f) prescribe?

 The procedure for the imposition of fines under Section 8.

What else may rules under Section 26(3)(f) prescribe?

 The procedure for making deductions referred to in Section 10.

What may rules under Section 26(3)(g) prescribe?

 The conditions subject to which deductions may be made under the proviso to Section 9(2).

Under which provision are the deductions referred to in Section 26(3)(g)?

 The proviso to Section 9(2).

What may rules under Section 26(3)(h) prescribe?

 The authority competent to approve the purposes on which the proceeds of fines shall be expended.

What may rules under Section 26(3)(i) prescribe?

 The extent to which advances may be made under Section 12(b).

What else may rules under Section 26(3)(i) prescribe?

 The instalments by which advances may be recovered under Section 12(b).

With reference to which provision are the rules under Section 26(3)(i) made?

 Section 12(b).

What may rules under Section 26(3)(ia) prescribe?

 The extent to which loans may be granted under Section 12A.

What else may rules under Section 26(3)(ia) prescribe?

 The rate of interest payable on loans under Section 12A.

With reference to which provision are the rules under Section 26(3)(ia) made?

 Section 12A.

What may rules under Section 26(3)(ib) prescribe?

 The powers of Inspectors for the purposes of this Act.

What may rules under Section 26(3)(j) regulate?

 The scales of costs allowable in proceedings under this Act.

What may rules under Section 26(3)(k) prescribe?

 The amount of court-fees payable in proceedings under this Act.

What may rules under Section 26(3)(l) prescribe?

 The abstracts to be contained in the notices required by Section 25.

What may rules under Section 26(3)(la) prescribe?

 The form in which nominations may be made for the purposes of Section 25A(1).

What else may rules under Section 26(3)(la) prescribe?

 The manner in which nominations may be made for the purposes of Section 25A(1).

With reference to which provision are nominations prescribed under Section 26(3)(la)?

 Section 25A(1).

What may rules under Section 26(3)(la) provide regarding nominations?

 Cancellation of a nomination.

What else may rules under Section 26(3)(la) provide regarding nominations?

 Variation of a nomination.

When may rules provide for making a fresh nomination under Section 26(3)(la)?

 When the nominee predeceases the person making the nomination.

What other matters may rules under Section 26(3)(la) provide for?

 Matters connected with nominations.

What may rules under Section 26(3)(lb) specify?

 The authority with whom amounts under Section 25A(1)(b) shall be deposited.

With reference to which provision are amounts deposited under Section 26(3)(lb)?

 Section 25A(1)(b).

What else may rules under Section 26(3)(lb) specify?

 The manner in which the authority shall deal with the deposited amounts.

What may rules under Section 26(3)(m) provide for?

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

What may the Appropriate Government provide while making rules under Section 26(4)?

 That contravention of the rules shall be punishable with fine.

What is the minimum fine for contravention of rules under Section 26(4)?

 Seven hundred fifty rupees.

What is the maximum fine for contravention of rules under Section 26(4)?

 One thousand five hundred rupees.

To what condition are all rules made under Section 26 subject?

 Previous publication.

What is the minimum period between publication of the draft rules and the specified date under Section 26(5)?

 Three months.

From which date is the three-month period under Section 26(5) calculated?

 The date on which the draft of the proposed rules was published.

Which provision of the General Clauses Act, 1897 is referred to in Section 26(5)?

 Section 23(3).

Before whom shall every rule made by the Central Government be laid under Section 26(6)?

 Each House of Parliament.

When shall rules made by the Central Government be laid before Parliament?

 As soon as may be after they are made.

For what total period shall rules remain before Parliament under Section 26(6)?

 Thirty days.

May the thirty-day period under Section 26(6) be comprised in one session?

 Yes, in one session.

May the thirty-day period under Section 26(6) be comprised in two or more successive sessions?

 Yes, in two or more successive sessions.

What may both Houses of Parliament agree to do under Section 26(6)?

 Make modifications in the rule.

What else may both Houses of Parliament agree under Section 26(6)?

 That the rule should not be made.

What is the effect if both Houses agree to modify a rule under Section 26(6)?

 The rule shall thereafter have effect only in the modified form.

What is the effect if both Houses agree that a rule should not be made under Section 26(6)?

 The rule shall thereafter be of no effect.

What is the effect of modification or annulment under Section 26(6) on prior acts?

 It shall not prejudice the validity of anything previously done under the rule.

Before whom shall rules made by the State Government be laid under Section 26(7)?

 The State Legislature.

When shall rules made by the State Government be laid before the State Legislature?

 As soon as possible after they are made.

 

The Payment of Wages Act, 1936 One Liner Notes Pdf Download

 

My Legal Consultants
Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts