PAYEMENT OF WAGE ACT,1936
Unit-4
By-Prof.Preeti Dwivedi
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• Payment of wages act, 1936.
• Objectives: to regulate payment of wages and to
Ensure that wages are disbursed by within time.
And no deductions except authorised by law
are made .
• Applicablity : to factories, railways, air services
Mines, plantations, dock, tramway services,
oil fields and establishments as notified
by appropriate govt.
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• Covers employees drawing wages upto Rs. 6,500/- per month.
(Section 01)
• Payment of wages by 07th day where there are less one.
• Thousand persons employed and where one thousand or more
are employed by 10th day of the month succeeding to wage-
Period in respect of which the wages are payable. (Section 5)
• Authorized deductions from wages allowed include:
• Fines,
• For absence from duty.
• For damage, loss of goods.
• House accommodation provided by the employer.
• For amenities and services supplied by the employer.
• For advances, loans, income-tax, on orders of court.
• Provident fund, membership of the co-operative societies.
• Membership of trade union, insurance premiums.
• Pm’s national relief fund or similar funds as govt. Authorizes.
(Section 7) 3
• For effecting any deduction without giving due opportunity
to the employee concerned. This is in consonance with the
principles of natural justice.
• Registers and records have to be maintained for all the
payments and ductions/fines made or imposed.
• Employer is required to display notice of date of payment of
Wages at the entrance of the establishment.
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• “If ten or more employed persons acting in concert absent
Themselves without due notice and without reasonable
Cause, such deduction from any such person may include such
Amount not exceeding his wages for eight days.
An employed person shall be deemed to be absent from the
Place where he is required to work, if although present in
such place, he refuses, in pursuance of a stay-in-strike or
for any other cause which is not reasonable in the circumstance
To carry out his work.
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(Proviso to sub-section 2 of section 9).
• In the event of un-due delayed payments, ‘authority’ under the
Act may direct without prejudice to anyother penality to
such employer, direct the refund to the employed person of
The amount deducted or delayed payment, together with such
Compensation as may be deemed appropriate, impose fine
up to 10 times the amount deducted.
(Section 15 (3)
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Fines [sec 8]
(1) No fine shall be imposed on any employed person until he has been
given an opportunity of showing cause against the fine, or
otherwise than in accordance with such procedure as may be
prescribed for the imposition of fines.
(2) A notice specifying such acts and omissions shall be exhibited in
the prescribed manner on the premises in which the employment is
carried on or in the case of person employed upon a railway
(otherwise than in a factory), at the prescribed place or places.
Cont….
(3) The total amount of fine which may be imposed in any
one wage-period on any employed person shall not
exceed an amount equal to [three per cent.] of the
wages payable to him in respect of that wage-period.
(4) No fine shall be imposed on any employed person who
is under the age of fifteen years.
• Penalties [sec20]
Sec 20(1) of the act makes contravention of the
provisions of the Act, by any person responsible for the
payment of wages to an employed person, punishable
with fine which shall not be less than one thousand five
hundred rupees but which may extend to seven
thousand five hundred rupees.