21. Time and conditions of payment wages and deductions permissible from wages.
(1)The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of workers in such employment 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 wage period in respect of which the wages are payable.(i)The employer or his agent shall fix periods in respect of which such wages shall be payable.(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 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. - 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 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 employed persons as may be specified by the State Government by General or Special order in this behalf;(ii)deduction for absence from duty;(iii)deduction 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;(v)deductions 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 protectives 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)deductions 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 advances from, any provident fund to which the Provident Funds Act, 1925, applies or any recognised provident fund as defined in Section 58-A of the Indian Income-Tax Act, 1922 or any provident fund approved in this behalf by the Government during the continuance of such approval; and(x)deductions for payments to Co-operative Societies or deductions for recovery of loan advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the Chief Commissioner.(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 in writing the act or commission 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. The amount of the said fine or deduction shall also be intimated to him.(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 Chief Commissioner. All such fine imposed, deduction made, shall be recorded in the registers maintained in Forms I & II respectively. These registers shall be kept at the work-spot and maintained up-to-date. Where no fine or deduction has been imposed or made or from any employee in a wage period 'nil' entry shall be made in the relevant register at the end of the wage period.(4A)Every employer shall send annually a return in Form III showing the deductions from wages 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 in accordance with the directions of the State Government.(6)Nothing in this rule shall be deemed to affect the Provisions of the Payment of Wages Act, 1936.
