Section 21 in The Orissa Minimum Wages Rules, 1954
21. Time and conditions of payment of wages and the deduction permissible from wages.
(1)(i)The wage period with respect to any scheduled employment for which wages have, been fixed shall not exceed one month and the wages of a worker in such employment shall be paid before the expiry of the seventh day after the last day of the wage period.(ii)Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated or in case of closure of establishment or termination of services or retrenchment on a large scale, payment shall commence before the expiry of the second working day and shall be completed within a week.(iii)The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under this rule.Explanation - Every payment made by the employed person to the employer or his agent shall, for the purposes of these rules, be deemed to be a deduction from wages.(2)Deductions from the wages of a person employed in a scheduled employment shall be of one or more of the following kinds, namely :(i)fines in respect of such acts and omissions on the part of the employees may be specified by the State Government by general or special order in this behalf;(ii)deductions for absence from duty;(iii)deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money to which he is required to account where such damage or loss is directly attributable to his neglect or default;(iv)deductions of house accommodation supplied by the employers or by the State Government or by any Housing Board or agency which the State Government may, notify, in this behalf;(v)deductions for such amenities and services supplied by the employer as the Government may by general or special order authorise;Explanation - The word 'amenities and services' in this clause do not include the supply of tools and protectives required for the purposes of employment-(vi)deductions for recovery of advances or for adjustment of overpayment of wages :Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and in no case shall the monthly instalment of deduction exceed one-fourth of the wages earned in that month;(vii)deductions of income-tax payable by the employed person;(viii)deductions required to be made by order of a Court of other competent authority;(ix)deductions for subscriptions to, and for payment of advance from any Provident Fund to which the Provident Fund Act, 1925 applies or any recognised Provident Fund as defined in Section 58-A of the Indian Income-tax Act, 1951, or any Provident Fund approved in this behalf by the Government during the continuance of such approval;(x)deduction for payment of Co-operative Societies or deductions made with the written authorisation of the person employed, for payment of any premium of his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act 31 or 1956;(xi)deductions made with the written authorisation of-(a)the employed person ; or(b)the President or Secretary of the Registered Trade Union of which the employed person is a member on such conditions as may be prescribed, for contribution to the National Defence Fund or to any Defence Savings Scheme approved by the Central Government.(3)Any person desiring to impose a fine on an employed person or to make deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer any explanation in the presence of another person. A record shall be maintained on the above proceeding and the amount of fine or deduction shelf also be intimated to the person concerned.(4)[ The amount of fine or deduction for damage or loss mentioned in sub-rule(3) shall be subject to such limits as may be specified in this behalf by the State Government. All such fines imposed and deductions made from any employee shall be recorded in the Combined Register of fines, deduction for damage or loss and advances in Form-I. The Register shall be kept at the work-spot and maintained up-to-date. Where no fine has been imposed or deduction has been made from any employee in a wage period, a nil entry shall be made across the body of the relevant register at the end of the wage period indicating also in precise terms the wage period to which the nil entry relates.] [Substituted vide O.G.E. No. 454 dated 27.3.2009.](4-A) Every employer shall send annually a return in Form III showing the deductions from wages so as to reach the Inspector not later than the 1st February following the end of the year to which it relates.(5)The amount of fine imposed under Sub rule (3) shall be utilised only for such purposes beneficial to the employees as are approved by the State Government or any other officer authorised by them in this behalf.(6)Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936.
