Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

NCT Delhi - Section

Section 32 in The Delhi Minimum Wages Rules, 1950

32. Saving.

- These rules shall not apply in relation to any scheduled employment in so far as there are in force rules applicable to such employment which, in the opinion of the State Government made equally satisfactory provisions for the matters dealt with by these rules and such opinion shall be final.Form - I[Rule 21(4)]Register of Fines.........Employer.........
SI. No. Name Father's/ Husband's name Sex Department Nature and date of the offence for which fineimposed Whether workman showed cause against fine or not,if so, enter date Rate of wages Date and amount of fine imposed Date on which fine realised Remarks
1 2 3 4 5 6 7 8 9 10 11
                     
Form - II[Rule 21(4)]Register of Deductions for Damage or Loss caused to the Employer, by the Neglect or Default of the Employees.........Employer........
SI. No. Name Father's/ Husband's name Sex Department Damage of loss caused Whether worker showed cause against deduction, ifso, enter date Date and amount of deduction imposed Number of instalments if any Date on which total amount realised Remarks
1 2 3 4 5 6 7 8 9 10 11
                     
Form - III[Rule 22(4)]Deduction from WagesReturn for the year ending the 31st December.......
1. Name of the employer and postal address..........
2. Total number of persons employed- Adults.......  
  Children....  
3. Total wages paid..............  
4. Number of cases and amounts realised as-
No. as cases Amount
(a) Fines  
(b) Deductions for damage or loss  
(c) Deductions for breach ofcontract  
5. Disbursements from fine funds-  
AmountRs. Purpose
Date 20..........Signature..............Designation................Form - IV[Rule 25(2)]Overtime Register Roll for WorkersMonth ending 20..............
Serial No. Name Father’s/ Husband’s Name Sex Designation & Department Dates on which overtime worked Extent of overtime on each occasion Total overtime worked or production in case ofpiece workers
1 2 3 4 5 6 7 8
               
Normal hours Normal Rate of pay Overtime rate of pay Normal earnings Over earnings Total earnings Date over time on which time payment made
9 10 11 12 13 14 15
             
Form - V[Rule 26(5)]Muster RollName of Establishment...............Place
SI. No. Name Father’s/ Husband’s Name Sex For the Period ending........ Remarks
Nature of work 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
             
Form V - A[Rule 26-A]Name of employer or establishmentDepot.......................................................Garage.....................m.................................Name of employees with Father's name........................Designation of the employer.................................Month of.............................................20,
Date Reporting time Relieving time Rent intervals Endorsement of employer or office or agent
1 2 3 4 5
1.2.3.4.5.6.7.8.9.10.        
Note - The mark 'H' shall be made in the column relating to any day on which a weekly holiday is given and 'A' if the employee is absent on any other day.Form - VIForm of Application by an Employee under Section 20(2)In Court of the Authority appointed under the Minimum Wages 1948, for........Application No............of.........20.....
(1)................
(2)................ Applicant(s)
(3)................(Through a legal practitioner)......................official of.......................Union which is a Address.Versus
(1)................
(2)................ Opponent(s)
(3)................Address............................................................................The application(s) above named begs/beg respectfully to submit as follow-
(1)That
(2)ThatThe applicant(s) has/have been paid wages at less than the minimum rate of wages.The applicant(s) estimates/estimate the value of the relief sought by him/them at the sum of Rs............The applicant(s) prays/pray that a direction may be issued under sub-section (3) of Section 20 for-
(a)payment of the difference between the wages due according to the minimum rate of wages fixed by Government and the wages actually paid; and
(b)Compensation amounting to Rs.............
The applicant(s) begs/beg leave to amend or add to or make alterations in the application if any and when necessary.Date 20.............Signature or thumb impression of the employee(s) or legal practitioner or official of a registered Trade Union duly authorisedThe applicant(s) does/do solemnly declare that what is stated above is true to the best of his/their knowledge, belief and information.This verification is signed at........ on.......... day of.......... 20........Signature or thumb impression of the employee(s) or legal practitioner or official of a registered Trade Union duly authorisedForm - VIIForm of Application by an Inspector or Person acting with the Permission of the Authority under Section 20(2)In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area.............Application of 20......................
(1)................................................Applicant.Address.........................................................................................................................................................Versus
(1)................................................Opponent.Address..........................................................................................................................................................That applicant above named begs respectfully to submit as follow-
(1)That
(2)ThatThe opponent is bound to pay wages at the minimum rates of wages fixed by Government but he has paid less wages to the following employees:
(1)
(2)
(3)The applicant estimates the value of the relief sought for the employees at the sum of Rs .........The applicant prays that a direction may be issued under sub-section (3) of Section 20 for-
(a)payment of the difference between the wages due according to the minimum rate of wages fixed by the Government and the wages actually paid, and
(b)compensation amounting to Rs.
The applicant begs leave to amend or add to or make alterations in the application if and when necessary.Date.......... 20.........SignatureForm - VIIIForm of Authority in favour of a Legal Practitioner or any Official of a Registered Trade Union referred to in Section 20(2)In the Court of the Authority appointed under the Minimum Wages Act, 1948, for area.................Application No............of........20......
(1)................
(2)................ Applicant(s)
(3)................Versus
(1)................
(2)................ Opponent(s)
(3)................I hereby authorise Mr..............a legal practitioner an official of the register Trade Union of to appear and act on my behalf in the above described proceeding and to do all things incidental to such appearing and acting.Date................................................Signature or thumb impression of the employeeForm - IXForm of summons to the Opponent to appear before the Authority when an Application under Sub-section (2) of Section 20 or under Section 21 is Entertained(Title of the applicant)To................................(Name, description and place of residence)Whereas has made the above-said application to me under the Minimum Wages Act, 1948, you are hereby summoned to appear before me in person or by a duly authorised agent and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the........... day of ........... 20 .......... at .......... o' clock ........... in to noon, the answer the claim, and as the day fixed for the appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to relay in support of your defence.Take notice that in default of your appearance on the day before mentioned, the application will be heard and determined in your absence............................................Signature of the AuthorityDate.............Form - IX-AAbstracts from the Minimum Wages Act, 1948, and the Rules Made HereunderI. Whom the Act effects. - (a) The Act applies to persons engaged in scheduled employment on specified class of work in respect of which minimum wages have been fixed.
(b)No employee can give up by contract or agreement his rights in so far as it purports to reduce the minimum rates of wages fixed under the Act.
II. Definition of Wages. - 1. Wages means all remuneration payable to an employed person on the fulfilment of his contract of employment. It excludes:
(i)the value of any house accommodation supply of light, water, medical attendance or any other amenity or any service extended by general or special order of the appropriate Government;
(ii)contribution paid, by the employer to any pension Fund or Provident Fund or under a scheme of social insurance;
(iii)the travelling allowance or the value of any travelling concession;
(iv)the sum paid to the person employed to defray special expenses entitled on him by the nature of his employment;
(v)Gratuity payable on discharge.