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THE ANDAMAN AND NICOBAR ISLANDS PAYMENT OF  WAGES RULES, 1955

THE ANDAMAN AND NICOBAR ISLANDS PAYMENT OF WAGES RULES, 1955

THE ANDAMAN AND NICOBAR ISLANDS PAYMENT OF WAGES RULES, 1955 ........................................ 3 1. Title. –.............................................................................................................................................. 3 2. Definitions.- .................................................................................................................................... 3 3. Register of fines.-............................................................................................................................ 4 4. Register of deductions for damage or loss.-.................................................................................. 4 5. Register of Wages. – ....................................................................................................................... 4

6. Maintenance or registers. – ........................................................................................................... 4 7. Weights and Measures. – ............................................................................................................... 4 8. Notice of dates of payment. –........................................................................................................ 5 9. Prescribed authority. – ................................................................................................................... 5 10. Application in respect of fines. –.................................................................................................... 5 11. Approval of list of acts and omissions. – ....................................................................................... 5 12. Posting of list. –............................................................................................................................... 5 13. Persons authorised to impose fines. –........................................................................................... 5 14. Procedure in imposing fines and deductions. –............................................................................. 6 15. Information to paymaster. – .......................................................................................................... 6 16. Deductions for breach of contract. – ............................................................................................. 6 17. Advances. – ..................................................................................................................................... 7 18.

Annual Return –.............................................................................................................................. 7 19. Costs. – ............................................................................................................................................ 7 20. Copies of documents. – .................................................................................................................. 8 21. Fees. – ............................................................................................................................................. 8 22. Abstracts. – ..................................................................................................................................... 8 23. Penalties. –...................................................................................................................................... 9

THE ANDAMAN AND NICOBAR ISLANDS PAYMENT OF WAGES RULES, 1955 OFFICE OF THE CHEILF COMMISSIONER ANDAMAN AND NICOBAR ISLANDS NOTIFICATION

Port Blair, the 19th January 1955

No, 15/55.—In exercise of the powers conferred by sub-sections(2), (3) and (4) of  section 26 of the Payment of Wages Act, 1936 (IV of 1936) read with the notification of the Government of India in the late Home Department .

No. 126/37-Public dated the 1st April 1937, the Chief Commissioner of the Andaman and Nicobar Islands hereby makes the following rules, the same having been previously published as required by sub-section (5) of the sub-section of the said Act, namely:--

THE ANDAMAN AND NICOBAR ISLANDS PAYMENT OF WAGES RULES, 1955

1. Title. –

These rules may be called the Andaman and Nicobar Islands Payment of Wages  Rules, 1955.

2. Definitions.-

In these rules, unless there is anything repugnant in the subject or

context, - (a) “the Act“ means the Payment of Wages Act, 1936 (IV of

1936);

(b) “the authority“ means the authority appointed under sub-section (1) of section 15 of the Act ;

(c) “the Chief Inspector of Factories“ means the Chief Inspector of Factories  appointed under sub- section (2) of section 8 of the Factories Act, 1948 (Central Act LXIII of 1948)

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

(e) “deduction for breach of contract“ means a deduction made in accordance with the provisions of the proviso to sub-section (2) of section 9;

(f) “deduction for damage or loss” means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of section 7;

(g) “Form” means a form appended to these rules ;

(h) “Inspector” means an Inspector authorised by or under section 14 of the Act ; (i) “person employed” excludes all persons to the payment of whose wages the Act does not apply;  

(j) ”section” means a section of the Act ;

(k) “Paymaster” means an employer or other person responsible under section 3 of the Act for the payment of wages ;

Section 26 (3) (a)

3. Register of fines.-

(1) In any factory in respect of which the employer has obtained approval under  sub-section (1) of section 8 to a list of acts and omissions in respect of which  fines may be imposed, the paymaster shall maintain a Register of Fines in Form I.

(2) At the beginning of the Register of Fines there shall be entered serially numbered the approved purpose or purposes on which the fines realised are to be expended  

(3) When any disbursements are made from the fines realised, a deduct-entry of the amount so

expended

shall be made

in the Register

of Fines and a  

vouchers or

receipts in

respect of the

amounts shall

be affixed to

the register If

more than

one purpose

has been

approved, the

entry of the

disbursement

shall also

indicate the

purpose for

which it is

made.

4. Register of deductions for damage or loss.-

In every factory in which deductions for damage or loss are made, the paymaster  shall maintain the Register required by sub-section (2) of section 10 in Form II.

5. Register of Wages. –

A Register of Wages shall be maintained in every factory and may kept in such form  as the paymaster finds convenient but shall include the following particulars, namely :-

(a) the gross wages earned by each person employed for each wage-period ;

(b) all deductions made from these wages, with an indication in each case of the  clause of sub-section (2) of section 7 under which the deduction is made ; and

(c) the wages actually paid to each person employed for each wage-period ; 6. Maintenance or registers. –

The registers referred to in rules 3, 4, 5 and 17 shall be preserved for twelve months  after the date of the last entry made in them.

Section 26 (3) (c)

7. Weights and Measures. –

(1) All Weights measures or weighing machines which are used in checking or  ascertaining the wages of persons employed in any factory shall be examined at least biennially by an Inspector who may prohibit the use of any weight,  measure, or weighing machine which he finds to register incorrectly.

(2) If the Inspector considers that any action should be taken under the Indian  Weights and Measures of Capacity Act (XXXI of 1871) or the Indian Penal Code  (XLV of 1860), he may seize the article in question and record his opinion and  send it to the District Magistrate for such action as he may think fit.

Section 26 (3) (d)

8. Notice of dates of payment. –

The Paymaster shall display in a conspicuous placement at or near the main entrance of the factory, a notice, in English and also in the language of the majority of the persons employed therein, giving for not less than two months in advance, the days on which wages will ordinarily be paid.

Section 26 (3) (e), (f) and (h)

9. Prescribed authority. –

The

Chief

Inspector of Factories shall be the authority competent to approve under sub-section (1) of section 8, acts and omissions in respect of which fines may be imposed under sub-section (8) of section 8, the purposes to which the proceeds of the fines shall be expended

10. Application in respect of fines. –

Every paymaster requiring the power to impose fines in respect of any acts and  omissions on the part of employed persons shall send to the Chief Inspector of  Factories –

(a) a list in English, in duplicate, clearly defining such acts and omissions ; and

(b) in cases where the employer himself does not intend to be the sole person  empowered to impose fines, a list in duplicate, showing those appointments in his factory of which the incumbents may pass orders imposing fines and the class of establishments on which the incumbent of each such appointment may impose fine.

11. Approval of list of acts and omissions. –

The Chief Inspector of Factories on receipt of the list prescribed in sub-rule (a) of  Rule 10 , may after such enquiry as he consider necessary, pass orders either –

(a) disapproving the list, or

(b) approving the list either in its original form or as amended by him, in which case such list shall be considered to be an approved list:

Provided that no order disapproving or amending any list shall be passed unless the employer shall have been given an opportunity of showing cause orally or in writing why the list as submitted by him should be approved.

12. Posting of list. –

The employer shall display at or near the main entrance of the factory, a copy in  English, together with a literal translation thereof, in the language of the majority of  the persons employed therein, and in Hindi, of the list approved under rule 11.

13. Persons authorised to impose fines. –

No fine may be imposed by any person other than an employer or a person holding  an appointment named in a list submitted under rule 10.

14. Procedure in imposing fines and deductions. –

Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss shall explain personally to the said person the act or omission, or damage or loss, in respect of which the fine or deduction, is proposed to be imposed, and the amount of the fine or deduction, which it is proposed to impose and shall hear his explanation in the presence of atleast one other person.  

15. Information to paymaster. –

The person imposing a fine or directing the making of a deduction for damage or loss shall at once inform the paymaster of all particulars, so that the register prescribed in rule 3 or rule 4 may be duly completed.

Section 26 (3) (g)

16. Deductions for breach of contract. –

(1) No deduction for breach of contract shall be made from the wages of an  employed person who is under the age of fifteen years or is a woman. (2) No deduction for breach of contract shall be made from the wages of any  employed person unless:-

(a) there is provision in writing forming part of the terms of the contract of  employment requiring the employee to give notice of the termination of his employment and -

(i) the period of this notice does not exceed fifteen days or the wage  

period, whichever is less; and

(ii) the period of this notice does not exceed the period of notice which the employer is required to give of the termination of that  

employment;

(b) this rule has been displayed in English and Hindi and also in the language of the majority of the employed persons at or near the main entrance of the factory, and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made; and

(c) a notice has been displayed at or near the main entrance of the factory  giving the name of the persons from whose the deduction is proposed to be made, the number of days’ wages to be deducted and the conditions (if any), on which the deduction will be remitted:

Provided that where the deduction is proposed to be made from all the  persons employed in any departments or sections of the factory, it shall  be sufficient, in lieu of giving the names of the persons in such  departments or sections, to specify the departments or sections affected.

(3) No deduction for breach of contract shall exceed the wages of the person  employed for the period by which the notice of termination of service given  falls short of the period of such notice required by the contract of employment.

(4) If any conditions have been specified in the notice displayed under clause (c) of sub-rule (2), no deduction for breach of contract shall be made from the wages of any person who has compiled with those conditions.

Section 26 (3) (i)

17. Advances. –

(1) An

advance of

wages not

already

earned shall

not, without

the previous  

permission of

an Inspector,

exceed an

amount

equivalent to

the wages

earned by the

employed

person during

the preceding

two calendar

months, or if

he has not

been

employed for

that period, twice the wages he is likely to earn during the subsequent calendar month.

(2) The advance may be recovered in instalments by deduction from wages, spread over not more than twelve months. No installment shall exceed one third, or where the wages for any wage-period are not more than twenty rupees, one-fourth of the wages for the wage-period in respect of which the  

deduction is made.

(3) The amounts of all advances, sanctioned and the repayments thereof shall be  entered in a register in Form III.

Section 26 (3) (a)

18. Annual Return –

In respect of every factory in which during the calendar year any fines have been  imposed or any deductions for breach of contract or for damage or loss have been  made from wages a return shall be sent in Form IV so as to reach the Chief Inspector of Factories not later than the 15th of February following the end of the calendar

year to which it relates.

Section 26 (3) (j)

19. Costs. –

(1) Where the Authority or the Court as the case may be, directs that any costs shall not follow the event it shall state its reasons for so doing writing.

(2) The costs which may be awarded shall include –

(a) the charges necessarily incurred on account of court-fees;

(b) the charges necessarily incurred on subsistence money to witnesses ; and (c) Pleader’s fees which shall ordinarily be Rs.10, if any pleader has been  engaged;

Provided that the Authority or the Court, as the case may be, may in any proceedings may reduce such fee to a sum not less than Rs.5 or increase  it to a sum not exceeding Rs.30.

(3) When a party engages more pleaders than one to defend a case, he shall be  allowed one set of costs only.

20. Copies of documents. –

The Authority or the Court, as the case may be, may fix the fees on the payment of  which any person entitled to do so may obtain copies of any document filed with the Authority or Court as the case may be: Provided that the Authority or the Court as the case may, in consideration of the poverty of the applicant, grant copies free of cost.

Section 26 (3) (k)

21. Fees. –

The fee payable in respect of proceedings under the Act shall be as follows:-

(i) For every application to summon a witness – Four annas in respect of each  

witness.

(ii) For every other application made by or on behalf of an individual person before the Authority – Eight annas.  

(iii) For every other application made by or on behalf of an unpaid group before the Authority – Four annas for each member of the group, subject to a maximum of five rupees.

(iv) For every appeal lodged with the court – Five rupees.

Provided that the Authority or the Court as the case may be, may, in  

consideration of the poverty of the applicant, reduce or remit this

fee:

Provided further that no fee shall be chargeable in respect of an application  

presented by an Inspector.

Section 26 (3) (l)

22. Abstracts. –

The abstract of the Act and of the rules made thereunder to displayed under section  25 shall be in Form V, translations whereof in Hindi and in the language of the  majority of the employed persons, shall also be displayed.

Section 26 (4)

23. Penalties. –

Any breach of rules 3, 4, 5, 6, 8, 12, 15 or 18 of these rules shall be punishable with  fine which may extend to two hundred rupees.