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Union of India - Section

Section 32 in The Minimum Wages (Central) Rules, 1950

32. [ Savings [Substituted by S.R.O. 463, dated 12.2.1955. ]

.-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 Central Government, make equally satisfactory provisions for the matters dealt with by these rules and such opinion shall be final.]Form I[See rule 21(4)]Register Of Fines.......................Employer.....................
Sl.No. Name Father's/Husband's Name Sex Department Nature and date of the offence for which fine imposed 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 realized Remarks
1 2 3 4 5 6 7 8 9 10 11
                     
Form II[See rule 21(4)]Register Of Deductions For Damage Or Loss Caused To The Employer By The Neglect Or Default Of The Employed Persons....................Employer.....................
Sl.No. Name Father's/Husband's Name Sex Department Damage or loss caused with date Whether worker showed cause against deduction, if so, enter date Date and amount of deduction imposed Number of installments, if any Date on which total amount realised Remarks
1 2 3 4 5 6 7 8 9 10 11
                     
[Form III] [Substituted by Notification No. G.S.R. 182(E), dated 11.3.2015 (w.e.f. 14.10.1950)][See rule 21 (4A)(1)]Unified Annual Return
A. General Part :
Particular :
(a) Name of the establishment|
| address of the establishment| House no./Flat No.| | Street/Plot No.|
| Town| | District| | State| | Pin Code|
(b) Name of the employer|
| address of the employer| House no./Flat No.| | Street/Plot No.|
| Town| | District| | State| | Pin Code|
| E-mail ID| | Telephone Number| | Mobile Number|
(c) Name of the manager or person responsible for supervision and control of establishment
 
| AddressHouse No./Flat No.| | Street/Plot No.| | Town|
| District| | State| | Pin code| | |
| E-mail ID| | Telephone Number| | Mobile Number|
 
B. Employer's Registration/License number the Act mentioned in column (2) of the Table below:
S.No Name Registration If yes (Registration No.)
(1) (2) (3) (4)
1. The Building and Other Construction Workers (Regulation ofEmployment and Condition of Service) Act, 1996.      
2. The Contract Labour (Regulation and Abolition) Act, 1970.      
3. The Inter-State Migrant Workmen (Regulation of Employment andCondition of Service0 Act, 1979.      
4. The Employees Provided Funds and Miscellaneous Provisions Act,1952.      
5. The Employees' State Insurance Act, 1948.      
6. The Mines Act, 1952.Notice of opening under Regulation 3of Coal Mines Regulation, 1957 or Regulation 3 of MetalliferousMines Regulation, 1961.      
7. The Factories Act, 1948.      
8. The Motor Transport Workers Act, 1961.      
9. The Shops and Establishments Act (State Act).      
10. Any other Law for the time being in force.      
C. Details of Principal Employer, Contractor and Contract Labour :
1. Name of the principal employer in the case of a contractor'sestablishment    
2 Date of commencement of the establishment    
3 Number of Contractors engaged in the establishment duringthe year.    
4 Total Number of days during the year on which Contract Labourwas employed.    
5. Total number of man-days worked by Contract Labour during theyear.    
6. Name of the Manager Agent (in case of mines).    
7. Address House No./Flat No. | Street/Plot No. | Town |
 
District | State | Pin Code |
 
E-mail ID | Telephone No. | Mobile No. |
D. Working hours and weekly rest day:
1. Number of working days during the year  
2. Number of mandays during the year  
3. Daily hours of work  
4. Day of Weekly holiday  
E. Maximum number of persons employed in any day during the year :
S.No. Males Females Adolescents (between the age of 14 to 18 years.) Children (below 14 years of age.) Total
           
F. Wage rates (Category Wise):
Category Rate of Wages No. of Workers
Regular Contract
Male Female Children Adolescent Male Female Children Adolescent
Highly skilled                  
Skilled                  
Semi-skilled                  
Unskilled                  
G. (a) Details of Payments :
Gross wages paid Deductions Net wages paid
In Cash In kind Fines Deductions for damage or loss Others In Cash In Kind
             
(b) Number of workers who were granted leave with wages during the year :
S.No. During the year Number of workers Granted leave with wages
       
H. Details of various welfare amenities provided under the statutory schemes :
S.No. Nature of various welfare amenities provided Statutory (specify the statute)
     
DECLARATION
| It is to certify that the above information is ture and also I certify that I have complied with the all provisions of Labour Laws applicabel to my establishment.
Place| | Date| | Sign. Here|
Form IV[See rule 25(2)]Overtime Register For WorkersMonth ending....................20....................
Sl.No. Name Father's/Husband's name Sex Designation and Department Date on which overtime worked Extent of overtime on each occasion Total overtime worked or production Normal Hours Normal rate Overtime rate Normal earning Overtime earning Total earning Date on whch overtime payment made
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
                             
Form V[See rule 26(5)]Muster Roll
Name of Establishment................................. Place.............................................
SL.NO. Name Fathers/Husband's Name Sex Nature of work For the period ending[Total attendance] [Inserted by G.S.R. 139, dated 16-1-1974 (w.e.f. 2-2-1974).] Remarks
          1 2 3 4 5                                
                                                   
[Form VI] [Substituted by G.S.R. 1301, dated 28-10-1960.]Form Of Application By An Employee Under Section 20(2)In the Court of the Authority appointed under the Minimum Wages Act, 1948 for ................areaApplication No...................of 20..............
(1)............................................................................................................Applicant,(through a legal practitioner/an official of a registered trade union).
Address...................................................................  
Versus
(1)......................................................................  
(2)...................................................................... ...................................................Opponent(s)
(3)............................................................  
Address.............................................................  
The applicant abovenamed states as follows :
(1)The applicant was/has been employed from........to........as........(category) in..........(establishment) of Shri/Messrs...........engaged in...................(nature of work) which is a scheduled employment within the meaning of section 2(g) of the Minimum Wages Act.
(2)The opponent(s) is/are the employer(s) within the meaning of section 2(e) of the Minimum Wages Act.
(3)*(a) The applicant has been paid wages at less than the minimum rate of wages fixed for his category of employment under the Act by Rs.............per day for the period from...........to.........;*(b) The applicant has not been paid wages at Rs.........Per day for the weekly days for rest from..............to...........;*(c) The applicant has not been paid wages at the overtime rate for the period from..........to.........;
(4)The applicant estimates the value of relief sought by him on each account as under :
(a)Rs...............
(b)Rs...............
(c)Rs...............
Total Rs.............
(5)The applicant, therefore, prays that a direction may be issued under section 20(3) of the Act for-*(a) payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid;*(b) payment of remuneration for the days of rest;*(c) payment of wages at the overtime rates;
(d)[ compensation amounting to Rs...........] [Inserted by G.S.R. 1140, dated 18-9-1961.]
(6)The applicant begs leave to amend or add to or make alteration in the application, if and when necessary, with the permission of the authority.
(7)The applicant does solemnly declare that the facts stated in this applicant are true to the best of his knowledge, belief and information.Dated.....................................................................................................................................Signature or thumb-impression of the employed Person,or legal practitioner, or official of a registered trade union duly authorised.]*Delete the portions not required.[Form VI - A] [Substituted by G.S.R. 1301, dated 28-10-1960.]Form Of Group Aplication Under Section 21(1)In the Court of the Authority appointed under the Minimum Wages Act, 1948,for.................................................areaApplication No......................................of 20.......................ApplicantsBetween A,B,C and (State the number)...........other;.............. (through...........a legal practitioner/an official of which is a registered trade union).Address.............................................................................................................................................................. andX, Y, Z ....................................................................................................................................................opposite partyAddress.......................................................................................................................................................................The application states as follows :
(1)The applicants whose names appear in the attached Schedule were/have been employed from........to..........as.........(categories) in..........(establishment) of Shri/Messrs.............engaged in.........(nature of work) which is/are scheduled employment(s) within the meaning of section 2(g) of the Minimum Wages Act.
(2)The opponent(s) is/are the employer(s) within the meaning of section 2(e) of the Minimum Wages Act, 1948.
(3)*(a) The applicants have been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Act by Rs............Per day for the period(s) from........to...........;*(b) The applicants have not been paid wages at Rs..........Per day for the weekly days of rest from.........to.........;*(c) The applicants have not been paid wages at overtime rate(s) for the period from...........to........;
(4)The applicants estimate the value of relief sought by them on each amount as under :
(a)Rs..............
(b)Rs..............
(c)Rs..............
Total Rs............
(5)The applicants, therefore, prays that a direction may be issued under section 20(3) of the Minimum Wages Act, 1948 for-*(a) payment of the difference between the wages payable under the Act and the wages actually paid;*(b) payment of remuneration for the days of rest;*(c) payment of wages at the overtime rate(s);
(d)[ compensaton amounting to Rs.............] [Inserted by G.S.R. 1140, dated 18-9-1961.]
(6)The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the authority.
(7)The applicants to solemnly declare that the facts stated in this application are true to the best of their knowledge, belief and information.Date...................................................................................................................Signature or thumb-impression of the employed Person,or legal practitioner, or official of a registered trade union duly authorised.Form VIIForm Of Application By An Inspector Or Person Acting With The Permission Of The Authority Under Section 23(2)In the Court of the Authority appointed under the Minimum Wages Act, 1948,for......................................................areaApplication No........................of 20............................
(1) .................................................Applicant,
Address.....................................................  
Versus
(1)............................................................... .................................................Opponent(s)
Address......................................................  
The application abovenamed states as follows:
(1)The opponent(s) has/have-*(a) paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Minimum Wages Act, 1948 by Rs......... per day for the period(s) from..........to........;*(b) not paid wages at Rs............ Per day dor the weekly days or rests from..........to..........;*(c) not paid wages at the overtime rate(s) for the period from.........to..........to the following employees.
(2)The applicant estimates the vaule of relief sought for the employees on each account as under:
(a)Rs...................
(b)Rs...................
(c)Rs...................
Total Rs.................
(3)The applicant, therefore, prays that a direction may be issued under section 20(3) of the Act for-*(a) payment of the difference between the wages payable under the Act and the wages actually paid;*(b) payment of remuneration for the days of rest;*(c) payment of wages at the overtime rate(s);
(d)[ compensation amounting to Rs......]. [ Inserted by G.S.R. 1140, dated 18-9-1961. ]
(4)The applicant begs leave to amend or add to or make alteration in the application, if and when necessary, with the permission of the authority.
(5)The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information.Dated...............................................Signature................................Form 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..........................................areaApplication No.............................of 20................................
(1)  
(2) .....................................................Applicant(s)*,
(3)  
Versus |- (1)  
(2) ......................................................Opponent(s)
(3)  
I hereby the authorize Mr. ........, a legal practitioner/an official of the registered trade union of..........to appear and act on my behalf in the above described proceedings and 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 application)To............................................................................................................................................................................................................................................(Name, description and place of residence)Whereas..............has made the abovesaid application to me under the Minimum Wages Act, 1948, you are hereby summoned to appear before me in person or by a duly authorized agent, and required to answer all material questions relating to the application, or shall be, accompanied by some person able to answer such question on the..........day of........20.........at.......O'clock in the.........noon, to 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 the documents upon which you intend to rely in support of your defence.Take notice that in default of your appearance on the day mentioned hereabove, the application will be heard and determined in your absence.Date.............................................................................................Signature*When the application is by a group of employees, the thump-impressions or signatures of two of the applicants need be put to the application and a full of list of applicants should be attached to the application.[Form IX-A] [Inserted by S.R.O. 2727, dated 11-8-1954.](Rule 22)Notice[Abstracts of] [Substituted by G.S.R. 109, dated 14-1-1959. ] The Minimum Wages Act, 1948 and the Rules Made ThereunderI. Whom the Act affects