Section 21 in The Kerala Minimum Wages Rules, 1958
21. Time and conditions of payment of wages and the deductions permissible from wages.
(1)(i)The wages of a worker in any scheduled employment] [Substituted by Notification dated 14-8-1959.] shall be paid on a working day.(a)in the case of establishments in which less than one thousand persons are employed, before the expiry of the seventh day, and(b)in the case of other establishments, before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable;(ii)Where in the employment of any person in terminated by or on behalf of the employer or due to the acceptance of the employee's resignation, 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;(iii)The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.Explanation. - (1) Every payment made by the employed person to the employer or his agent shall for the purpose 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 of more of the following kinds, namely,(i)fines in respect of such acts and omissions on the part of the employed persons as may be specified by the 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 for which he Is required to account, where such damage or loss is directly attributable to his neglect or default;(iv)deductions for house accommodation supplied by the employer, or the Government or any authority notified by the Government for providing housing accommodation;(v)deduction for such amenities and services supplied by the employer as the Government, may, by general or special order authorise;Explanation. - The words 'amenities and services' in this clause do not include the supply of tools and protective required for the purposes of employment.(vi)deductions for recovery of advances or for adjustment of over payments 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)deduction of income-tax payable by the employed person;(viii)deductions required to be made by order of a court or other competent authority;(ix)deductions for subscription to and for repayment of advance from any Provident Fund to which the Provident Funds Act, 1925 (Central Act XIX of 1925) or the Employees' Provident Fund Act, 1952 (Central Act XIX of 1952) applies or any recognised Provident Fund as defined in Section 58A of the Indian Income Tax Act, 1922, or any Provident Fund approved in this behalf by the Government during the continuance of such approval;(x)[ deductions for payment to Co-operative Societies [or deductions for recovery of loans advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the State Government] [Substituted by Notification dated 30-12-1958.] or deductions made with the written authorisation of the person employed, for payment of any premium on his Life Insurance Policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (Act 31 of 1956)](xi)deductions for recovery or adjustment of amounts other than wages, paid to the employed person in error or in excess of what is due to him:Provided that the prior approval of the Inspector or any other officer authorised by the State Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions.(xii)[ deductions made with the written authorisation of the employed persons (which may be given once generally and not necessarily every time a deduction is made) for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government] [Added by Notification dated 29-9-1961.].[xiii) deductions made with the written authorisation of- [Inserted by Notification dated 17-7-1963.](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 State Government.](3)Any Person desiring to impose a fine on an employed person or to make a 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 an explanation in writing and also to be heard in person, if he so desires (in the presence of another person). The fine shall be levied for the deduction ordered after due consideration of the explanation offered (in writing or in person as the case may be). The amount of the said fine or deduction shall also be intimated to him.(4)(i)The total amount of deduction for damage or loss ordered under Sub-rule (3) shall not exceed in any one wage period, an amount equal to half anna in rupee of the wages payable to the employed person in respect of such wage period.(ii)The total amount of fine which may be imposed under Sub-rule (3) shall not exceed the cost of replacing the article damaged or lost on the date of passing the order off recovery, or the book value of the article whichever is less. Where the amount of deduction exceeds an amount equal to one third of the wages payable to the employed person in respect of a wage period, the deduction shall be made in instalments in such a way that the amount of each instalment does not exceed one third of the average wages payable to him between one instalment and the other.(iii)[ All realisations under clause (i) and all deductions under clause (ii) shall be recorded in registers maintained in Form I and Form II respectively. A return in Form III shall be submitted annually by every employer, who has made any realisation or deduction as aforesaid, to the [Inspector of plantations in respect of employments in plantations or to the Assistant Labour Officer in respect of other employments] [Substituted by Notification 8185/AI/69/LSWD dated 26-9-1971.] having jurisdiction over the area, so as to reach him on or before the 1st day of February of the succeeding year. In case no realisation under clause (i) or deduction under clause (ii) is made during any year, the employer shall submit an annual return in Form III-A, to the [Inspector of plantations in respect of employments in plantations or to the Assistant Labour Officer in respect of other employments] [Substituted by SRO 155/76 dated 10.1.1976.] having jurisdiction over the area, so as to reach him on or before the said date:Provided that, if the Inspector is of opinion that any muster-roll or register maintained as part of the routine of an establishment gives in respect of any or all the employed persons in that establishment the particulars required in the form prescribed under this Sub-rule he may. by order in writing direct that such roll or register shall to the corresponding extent, be maintained in place of and be treated as the register of that establishment required to be maintained under this Sub-rule,](5)All realisations from fine shall be applied only to such purposes which are beneficial to the persons employed in the scheduled employment as are generally approved by the Government in this behalf.(6)Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936. the Madras Shops and Establishments Act, 1947 and the Travancore-Cochin Shops and Establishments Act, 1925.
