State of Odisha - Act
The Orissa Minimum Wages Rules, 1954
ODISHA
India
India
The Orissa Minimum Wages Rules, 1954
Rule THE-ORISSA-MINIMUM-WAGES-RULES-1954 of 1954
- Published on 3 April 2001
- Commenced on 3 April 2001
- [This is the version of this document from 3 April 2001.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and extent.
2. Interpretation.
- In these rules, unless the context otherwise requires-3. Term of office of the members of the Committee.
- The term of office of the members of the Committee shall be such as in the opinion of the State Government is necessary for completing the enquiry into the scheduled employment concerned and the State Government may at the time of the constitution of the Committee, fix such terms and may, from time to time, extend it as circumstances may require4. Term of office of members of the Board.
4A. Nomination of substitute members
- If a member is not able to attend meeting of the Committee or the Board he shall intimate to the State Government in writing at least a week before the date of the meeting and along side may suggest a substitute in his place for the meeting. The State Government will then take steps to nominate him to attend that meeting. The substitute member shall have all the rights of a member in respect of that meeting.5. Travelling allowance.
- A non-official member of the Committee or the Board shall be entitled to draw travelling and halting allowances for any journey performed by him in connection with his duties as such member at the rates prescribed by the State Government from time to time for non-official members of such bodies.6. Staff.
7. Eligibility for re-nomination of the members of the Committee and the Board.
- An outgoing member shall be eligible for re-nomination for the membership of the Committee or the Board, of which he was a member.8. Resignation of the Chairman and members of the Committee and the Board and filling of casual vacancies.
9. Cessation and restoration of memberships.
- If a member of the Committee or the Board fails to attend three consecutive meetings, he shall, subject to the provisions of Sub-rule (2), cease to be a member thereof.10. Disqualification.
11. Meetings.
- The Chairman may, subject to the provisions of Rule 12, call a meeting the Committee or the Board, as the case may be, at any time as he thinks fit :Provided that on a requisition in writing from not less than one-half of the members, the Chairman shall call a meeting within fifteen days from the date of the receipt of such requisition.12. Notice of meetings.
- The Chairman shall fix the date, time and place of every meeting, and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member by registered post at least fifteen days before the date fixed for such meeting :Provided that in the case of an emergent meeting, notice oi seven days only may be given to every member.13. Chairman.
14. Ouorum.
- No business shall be transacted at any meeting unless at least one-third of the members and at least one representative of both employers and employees are present :Provided that if at any meeting no representative of the employers or employees has turned up; or less than one-third of the members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present.15. Disposal of business.
- All business shall be considered at a meeting of the Committee or the Board, as the case may be, and shall be decided by a majority of votes of the members present and voting. In the event of an equality of votes the Chairman shall have a casting vote :Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and securing written opinion of the members :Provided further that no decision on any question which is referred under the first proviso shall be taken unless supported by not less than a two-third majority of the members,16. Method of voting.
- Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.17. Proceedings of the meeting.
18. Summoning of witnesses and production of documents.
19. Expenses of witnesses.
- Every person who is summoned and appears as a witness before the Committee or the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of the allowances as appearing in Civil Court in the State.Chapter IV
Computation and payment of wages, hours of work and holidays
20. Mode of computation of the cash value of wages.
- The retail prices at the nearest market shall be taken into account in computing the cash value of wages paid in kind and of essential commodities supplied at concession rates. This computation shall be made in accordance with such directions as may be issued by the Government from time to time.21. Time and conditions of payment of wages and the deduction permissible from wages.
22. Publicity to the minimum wage fixed under the Act.
- Notice in Form IX-A containing the minimum rates of wages fixed together with the extracts from the Act, the rules made thereunder and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment at the main entrances to the establishment and at its office and shall be maintained in a clean and legible condition. Such notices in Form IX-A shall also be displayed on the notice boards of all Sub-divisional and District Officers.23. Weekly holidays.
24. Number of hours of work which shall constitute a normal working day.
25. Extra wages for overtime.
- [(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of such overtime work, be entitled to wages at double the ordinary rate of wages.Explanation - The expression "ordinary rate of wages" means the basic wages plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed of the foodgrains and other articles as the person employed is for the time being entitled to but does not include a bonus.] [Substituted vide Orissa Gazette Extraordinary No. 691/9.5.1991-Notification S.R.O. No. 237/85/ 2.5.1985.]26. Form of registers and other records.
26A. Preservation of register
- A register is required to be maintained under Rules 21 (4), 26 (2) and 26 (1) and [* * *] [Deleted vide O.G.E. No. 454 dated 27.3.2009.] shall be reserved for a period of three years after the date of last entry made therein.26B. Production of register's and other records
26C. [ [Inserted vide Orissa Gazette Extraordinary No. 691/9.5.1991-Notification. S.R.O. No. 237/85/2.5.1985.]
Notwithstanding anything contained in these rules, the State Government may permit use of any alternative suitable form in lieu of any of the forms prescribed under these rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder.]Chapter-V Claims under the Act27. Application.
- An application under Sub-section (2) of Section 20 or Sub-section (2) of Section 21, by or on behalf of an employed person or group of employed persons shall be made in duplicate in Forms VI and VII, as the case may be.28. Authorisation.
- The authorisation to act on behalf of an employed person or persons, under Sub-section (2) of Section 20 or of Sub-section (1) of Section 21 shall be given in Form VIII by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.29. Appearance of parties.
30. Costs.
31. Court-fees.
- The Court-fee payable in respect of proceedings under Section 20 shall be-2. Form No. XVII, XVI, XVIII of Rule, 78 (d) (fine), 77 (22) (d) (dedu.), m 77 (2) (d) (adv.) of Orissa Contract Labour (R & A) Rules, 1975.
3. Form No. I, II, III under Rule 3 (1) (fine), 4 (deductions) and 17 (3) (advances) of Orissa Payment of Wages Rules, 1936.
4. Form XIX, XX, XXI of Rule 52 (2) C of Orissa I.S.M.W (RE &CS) Rules, 1980.
5. Form XX, XIX and XXI under Rule-239 (1) (b) of Orissa Building other Construction Workers (RE & CS) Rules, 2002.
| Sl. No. | Name of the Employee/ Father's/ Husband's name | Designation Emp. No./ Sl. No. in register ofemployees | Nature & date of offence for which fineimposed | Date and particulars of damages/ loss caused | Whether worker showed cause against fine ordeductions |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Amount of the fine imposed/ deduction made | Date & purpose for which advance was made | Amount of advance made & purpose thereof | No. of instalments granted for repayment offines/ deductions/ advances | Wages period and rate of wages payable | Date of recovery of fine/deduction/ advance | |
| First Instalment | Last Instalment | |||||
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| Factory/Establishment | Regd./Administrative/ Head Office | |
| NameAddressTel :Fax :E-mail :Website : |
| Sl. No. | NameFather's Name | Designation | Residential Address | Tel/Mobile/E-mail |
| (1) | (2) | (3) | (4) | (5) |
| Name | Residential Address | Tel/Mobile/E-mail |
| Sl. No. | Name | Designation | Residential Address | Tel/Mobile/E-mail |
| (1) | (2) | (3) | (4) | (5) |
2. Date of commencement of Manufacturing/Business/Establishment/ Factories/Construction of Works.
2. (A) Nature/Type of Industries/Establishments.
2. (B) Particulars of Products Manufactured/Services Rendered.
| Name of the Product/ Services | Annual Installed capacity | Quantity Manufactured | Percentage achieved | Value |
3. Registration and License Registration No. License No.
4. No. of Workmen/employees/employed
| Sl. No. | Category | Male | Female | Adolescent/ Adult | Child | Total No. of Employees |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| 1 | Unskilled | |||||
| 2 | Semi-skilled | |||||
| 3 | Skilled | |||||
| 4 | Highly skilled | |||||
| 5 | ITI / Diploma | |||||
| 6 | Degree-Engg. | |||||
| 7 | Executive | |||||
| 8 | Probationer /Trainees |
5. Particulars of Employment/Payment in Factories/Establishments/Motor Transport Undertakings / Building Construction of Work.
| Men | Women | Total |
| Men | Women | Total |
6. Particulars of deduction made from salary (wages) under M.W. and P.W. Act.
| No. of Employees involved | Total Amount of deduction made | |
| 1. Fines | ||
| 2. Damages / Loss | ||
| 3. Breach of Contract | ||
| 4. Others | ||
| 5. Total |
7. Particulars of Earned Leave with Wages/National Festival Holidays with Wages.
| Total No. of Persons employed | No. of Employees eligible for Earned Leave | No. of employees availed/granted Earned Leave | No. of employees paid wages/salary in lieu ofEarned Leave | No. of Person who were paid wages for the NFIT(separate figure for each day may be furnished) |
| 1. Man2. Woman | (i) 26th January(ii) 1st May(iii) 15th August(iv)2nd October(v)(vi)(vii)(viii) | |||
| Total |
8. Payment of Bonus paid during the year
| Name of the Accounting year | Total No. of employees | No. of Employees eligible for Bonus | Percentage of Bonus/Ex gratiadeclared | Total amount of Bonus/Ex gratiapaid | Date of Payment |
| 1 | 2 | 3 | 4 | 5 | 6 |
9. Does the Factory carry on hazardous process under section-2(cb) dangerous operation u/s 87 of Factories Act. 1948.
| If Yes .............................................. | Yes/No | |
| (i) | Whether Health and Safety Policy prepared and published | Yes/No |
| (ii) | Whether occupational Health Centre provided | Yes/No |
| (iii) | Whether Medical Officer appointed | Yes/No |
| (iv) | Whether Ambulance Van provided | Yes/No |
| (v) | Average no. of persons employed daily in hazardousprocess/dangerous operation | Yes/No |
10. Safety and Welfare Officers:-
40.
| (i) | Ambulance Room as per Section 45(A) | Yes/No |
| (ii) | Canteen as per Section 46(1) | Yes/No |
| (iii) | Whether the canteen is run departmentally or throughcontractor departmentally/Contractor | |
| (iv) | Creche as per Section 48(i) | Yes/No |
| (v) | Shelters, Rest Rooms and Lunch Room as per Section 47(1) | Yes/No |
11. Particulars of Accidents, Man's days lost and others:-
| (i) | Total no. of accidents that have taken place in the year. |
| (ii) | Number of employees involved in such accidents:-(a) Male (b)Female |
| (iii) | Total number of man days lost in such accident |
| (iv) | No. of employees returned to work within 48 hours of theaccident |
| (v) | No. of employees returned to work after 48 hours of theaccident (Reportable accident) |
| (a) Without Permanent /Partial/ Total Disablement | |
| (b) With Permanent / Partial / Total Disablement | |
| (vi) | Number of employees involved in accidents with eitherimmediately or later within 7 days resulted in death. |
12. Maternity Benefit Act.
| (i) | Total no. of women workers who worked for a period of 160 daysin the last 12 months immediately preceding the date of delivery. | |
| (ii) | No. of women workers discharged/dismissed in the last 12months. | |
| (iii) | No. of women worker for whom pre-natal confinement andpostnatal confinement. | |
| (iv) | No. of women workers died. | |
| (a) | Before delivery. - | |
| (b) | After delivery - |
| Item | No. of women applied for leave | Leave sanctioned | Leave reject |
| (i) Mis-carriage(ii) Illness (additional leave under sec-10) |
| Item | No. of claim received | No. of leave sanctioned | No. of claims rejected | Total benefit paid in rupees |
| (i) Confinement | ||||
| (ii) Mis-carriage | ||||
| (iii) Illness | ||||
| (iv) Medical Bureaus |
13.
| Name & Address of the Contractor/ Contractors | Period of contract From/To | Nature of work/ operation in which contractlabour were employed Deptt./ Section | No. of person employed | Maximum no. of contract workman employed on anyday during the year | No. of days worked | No. of man days worked |
| (i)(ii)(iii)(iv) | ||||||
| Total |
| (i) | Canteen | Yes/No. |
| (ii) | Rest Room | Yes/No. |
| (iii) | Drinking Water | Yes/No. |
| (iv) | Creche | Yes/No. |
| (v) | First Aid | Yes/No. |
| (vi) | Remarks | Yes/No. |
14. Particulars of accident that took place during the year :-
| (i) | The total No. of accident. |
| (ii) | The number of accidents resulting in disablement of buildingworkers for less than 48 hours, the number of building workersinvolved and the number of man-days lost. |
| (iii) | The number of accidents resulting in disablement of buildingworker beyond 48 hours, but not resulting in any permanentpartial or permanent total disablement, the number of buildingworkers involved and the number of man-days lost on account ofsuch accident. |
| (v) | The number of accidents resulting on permanent partial ortotal disablement, the number of building workers involved andthe number of man-days lost on account of such accident. |
| (v) | The number of accident resulting in deaths of building workersand the number of resultant deaths. |
15. Inter-State Migrant Workmen (RE & CS) Act,
In respect of Principal Employer :| Name & Address of the Contractor | Period of Contract | Nature of work | Maximum number of workers supplied by eachcontractor | No. of days worked | No. of man days worked | |
| From | To | |||||
16. Beedi and Cigar Workers (Condition of Employment) Act, 1966 :-
(i)Average number of employees employed daily in the Industrial Premises:-MenWomenYoung personMaleFemale(ii)Average monthly number of home workers employed (i.e. who work in their homes)(iii)Number of days worked in the year in the industrial establishment.(iv)No. of employees who were granted leave during the calendar year.| Young persons | (a) employees in the Industries Premises. |
| (b) employees in home. | |
| Other than young Persons | (a) employees in the Industrial Premises |
| (b) employed in home |
| Serial No. | Name | Father's/ Husband's Name | Sex | Name of work | For the period ending | Remarks |
| 12 3 4 5 6 7 8 9 10 11 12 13 14 15 | ||||||
| (1) ................. | } | |
| (2) ................. | Applicant(s) | |
| (3) ................. |
| (1) ................. | } | |
| (2) ................. | Opponents | |
| (3) ................. |
| (1) …................ | Applicant | |
| Address : | ||
| Versus | ||
| (2) …................ | Opponent | |
| Address : |
| (1) ................. | } | |
| (2) ................. | Applicant(s) | |
| (3) ................. |
| (1) ................. | } | |
| (2) ................. | Opponents | |
| (3) ................. |
2. Form No. V (Muster Roll) Rule 26(5) of Orissa Minimum Wages Rules, 1954
3. Form No. X (Wages) Rule 26(1) of Orissa Minimum Wages Rules, 1954
4. Form No. XIII (Muster Roll) Rule 33(1) of Orissa Beedi & Cigar Workers (Condition of Employment) Rules, 1969
5. Form No. XVI (Muster Roll) Rule 239(1) (a) of Orissa Building & Other Construction Workers etc. Rules, 2002
6. Form No. XVII (Register of Wages) Rule 239 (1) (a) of Orissa Building & Other Construction Workers etc. Rules, 2002
7. Form No. XV111 (Register of Wage-cum-Muster Roll) Rule 239(1) (a) of Orissa Building & Other Construction Workers etc. Rules, 2002
8. Form No. XVII (Muster Roll) Rule 52(2)(a) of Orissa Inter-state Migrant Workmen (RE&CS) Rules, 1980
9. Form No. XVIII(Register of Wages) Rule 52(2)(a) of Orissa Inter-State Migrant Workmen (RE&CS) Rules, 1980
10. Form No. 10 (Register of payment) of Orissa Shops and Commercial Establishment Rules, 1958
11. Form No. 8 (Daily record of works & orders relating to compensating Leave and Deduction from wages of Orissa Shops and Commercial Establishment Rules, 1958
12. Form X (Muster Roll) Rule 36 of Orissa Motor Transport Workers Rules, 1966
13. Form XIII (Wages) Rule 77(2)(a) of Orissa Contract Labour (R&A), Rules, 1975
14. Form XII (Muster Roll) Rule 77(2)(a) of Orissa Contract Labour (R&A), Rules, 1975
15. Form VI (Muster Roll) Rule 9 of Orissa Industrial Employment (N&F) H. Rules, 1972
| Name and Address of theFactory /Establishment | Name and Address of theContractor (if any)/Place of work | Name of Address of thePrincipal employerMonth/Year |
| Sl. No. | 1. Name of the employee2. Father/ Husbandname | Sex M/F | Date of Birth | Emp No./Sl. No. in Register of employees | Degn/ Deptt. | Date of joining |
| ESI No. | P.F. No. | ATTENDANCEUnitsof work done (if piece rated) | No. of payable days/ Total units of work done | Name of N & FH for which wages have been paid | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||||
| 8 | 9 | 10 | 11 | 12 | 13 | 14 | ||||
| 15 | 16 | 17 | 18 | 19 | 20 | 21 | ||||
| 22 | 23 | 24 | 25 | 26 | 27 | 28 | ||||
| 29 | 30 | 31 |
| EARNINGS | |||||||||||
| Basic | DA/ VDA | HRA | Conv. allow. | Med. allow. | ATT/ allow.- bonus | Spl. all | OT | Misc Earnings | Others | Total | ESI |
| DEDUCTIONS | |||||||||||
| PF | PT | TDS | Socy | Insurance | Sal. Adv. | Fine | Damage | Others | Total | Net payable | Date of payment |
1. Name of employee with father's/husband's name...
2. Designation.............
3. Wage period.............
4. Rate of. wages payable-
5. Total attendance/unit of work done........
6. Overtime wages.............
7. Gross wages payable................
8. Total deduction............
9. Not wages paid.............
Employee's signature/Thumb impressionPay-in-chargeForm XII[Rule 26 (6)]Working hour Notice| Name of scheduled employment.................. | Place................. |
| District................. | Name of employer................... |
| Periods of work | Men | Women | Children | Description of groups | |
| Total No. of men employed | Total No. of women employed | Total No. of children employed | Groups letter | Nature of work | |
| Groups | ABCDEF | ABCDEF | ABCDEF | ||
| FromToFromToFromTo | ABCDEF |
| Sl. No. | Name of the Employment |
| (1) | (2) |
| 1. | Salt Pans |
| 2. | Printing Press |
| 3. | Tile and Brick Making |
| 4. | Private Roe.d Transport |
| 5. | Hotels Eating, House and Restaurants |
| 6. | Distilleries |
| 7. | Shops and Establishment |
| 8. | Metal Industry (except the cottage and village scale units) |
| 9. | Cinema Industry |
| 10. | Saw Mills |
| 11. | Timber Trading (excluding feeling and sawing) |
| 12. | Handloom and Hosiery |
| 13. | Bamboo Forest Establishment |
| 14. | Timber Trading (including feeling and sawing) |
| 15. | Kendu Leaf collection |
| 16. | Construction of maintenance of Dam, Embankments, IrrigationProjects and sinking of Wells and Tanks. |
| 17. | Refractory Industry |
| 18. | Ceramic and Pottery Industry |
| 19. | Chemical Industry |
| 20. | Minor Engineering Industry (employment less than 50 persons) |
| 21. | Collection of Sal Seeds |
| 22. | Rice Mill, Flour Mill or Dal Mill |
| 23. | Tabaco (including Bidi making) Manufactory |
| 24. | Oil Mill |
| 25. | Jute Industry and Jute Twine Industry |
| 26. | Public Motor Transport |
| 27. | Stone-breaking or Stone-crushing |
| 28. | Construction or maintenance of Roads or in buildingoperations |
| 29. | Bakeries an Confectioneries including Biscuit making |
| 30. | Cement Pipe making and allied products industry |
| 31. | Wood works and furniture making industries |
| 32. | Soap and Detergent Manufactory |
| 33. | Automobile servicing, repairing garages and workshops |
| 34. | Manufacture of Paints, Varnishes |
| 35. | Ice factory and Cold Storages |
| 36. | Finishing, Dyeing of Yarn and Fabrics, Painting, Knitting andEmbroidery |
| 37. | Trunks, Suitcase, Bucket manufactory |
| 38. | Manufacture of Utensils including Aluminium and Hindaliumproducts |
| 39. | Manufacture of plastic products including toys |
| 40. | Manufacture of matches, fireworks, explosives |
| 41. | Foundry Industry with or without attached machine shop |
| 42. | Regulated markets, Marketing Societies, Co-operativeSocieties and Banks |
| 43. | Cashew processing establishment |
| 44. | Petrol and Diesel Oil pumps |
| 45. | Laundry including dry washing |
| 46. | Khadi Village Industries including manufacture of Khandasariand other products |
| 47. | Powerloom Industry |
| 48. | Carpet Weaving Industries |
| 49. | Clay Pottery |
| 50. | Manufacture of Coke and Burnings Coals |
| 51. | Glass Industries |
| 52. | Cotton Ginning and Pressing Industry |
| 53. | Ayurvedic and Unani Pharmacy |
| 54. | Coil Industry |
| 55. | Paper and Cardboard Industry |
| 56. | Manufacture of Electrical Bulbs |
| 57. | Manufacture of Radio by assembling with parts |
| 58. | Brash and Bell - metal Industry |
| 59. | Manufacture of Brush and Brooms |
| 60. | Manufacture of ropes |
| 61. | Manufacture of nails and pins |
| 62. | Manufacture of cold drinks, Soda and other allied products |
| 63. | Local authority |
| 64. | Fisheries and Seafood Industry |
| 65. | Tamarind collection |
| 66. | Gold and Silver ornaments and articles of artistic design |
| 67. | Dispensary of Medical Practitioner in any establishment ofmedical consultant or in any Clinical or Pathological Laboratory |
| 68. | Motor body building |
| 69. | Forest produce such as Genduli Gum, Mahua making of coal andresine |
| 70. | Siali leaf plucxers |
| 71. | Public Health Engineering |
| 72. | Graphite Industry including benefication |
| 73. | Spinning Mills |
| 74. | Pharmaceutical Industry |
| 75. | Liquified Petroleum Gas manufacture and distribution |
| 76. | Electricity Board |
| 77. | Social Forestry |
| 78. | Contingent and casual employees in Government and otherestablishments |
| 79. | Leather Industry |
| 80. | Readymade Garment Industry |
| 81. | Rubber and Rubber products industries |
| 82. | Agriculture |
| 83. | Private Security Agencies and Private Security Services |