State of Kerala - Act
The Kerala Minimum Wages Rules, 1958
KERALA
India
India
The Kerala Minimum Wages Rules, 1958
Rule THE-KERALA-MINIMUM-WAGES-RULES-1958 of 1958
- Published on 15 February 1958
- Commenced on 15 February 1958
- [This is the version of this document from 15 February 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and extent.
2. Interpretation.
- In these rules, unless the context otherwise requires-Chapter II
Members and Staff and Meetings of the Board and Committee
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 Government is necessary for completing the enctuiry into the scheduled employment concerned and the 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 require.4. Term of Office of members of the Board.
4A. [ Nomination of substitute members. [Inserted by Notification dated 4.8.1959.]
- If a member is unable to attend a meeting of the committee or the Board the Government or the Body which nominated him may, by notice in writing signed on its behalf and by such member and addressed to the chairman of the said committee or the Board nominate a substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting.]4B. [ [Inserted by SRO No. 162/76 dated 10-2-1976.]
No Act or proceeding of the Committee or the Board shall be Questioned on account of any vacancy in the membership or any defect in the appointment of member thereof or any defect or irregularity in any such act or proceeding, not effecting the merits of the case]5. [ Travelling Allowance. [Substituted by Notification dated 13-1-1961.]
- 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 such rates as may be specified by the Government in this behalf from time to time.]6. Staff.
7. Eligibility for renomination of the members of the Committee and the Board.
- An out-going member shall be eligible for renomination 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 membership.
10. Disqualification.
11. Meetings.
- The Chairman may, subject to the provisions of Rule 12 call a meeting of the Committee or the Board, as the case may be, at any time he thinks fit:Provided that on a requisition in writing from not less than one-half of the members or not less than two-thirds of the representatives of the employers or the employees, as the case may be, the Chairman shall call a meeting within a period of fifteen days from the date of receipt of such requisition.12. Notice of meetings.
13. Chairman.
14. [ Quorum. [Substituted by Notification dated 19-5-1969.]
- 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 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 is shall thereupon be lawful to dispose of the business at such adjourned meeting, irrespective of the number or class of members present][Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members by telegram or by written communication] [Added by SRO No. 558/82 dated 21-4-1982.].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 the majority of the 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 thirds 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 Chairmen 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.
Chapter III
Summoning of Witnesses by the Committee or the Board and Production of Documents
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 such allowance to witnesses appearing in civil courts 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 average retail prices at the nearest market for the period of three months immediately preceding the month for which the Wages are to be computed shall be taken into account in computing the cash value of wages paid in kind and of concession in respect 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 deductions permissible from wages.
22. [ Publicity to the minimum wages fixed under the Act. [Substituted by Notification dated 4-8-1959.]
- Notice in Form IV containing the minimum rates of wages fixed [the wage period and date of payment of wages] together with abstracts of the Act, the Rules made there under and the name and address of the Inspector shall be displayed in English and in language understood by the majority of the workers in the employment [at the main entrance to the establishment and at its office] [Substituted by SRO No. 225/64 dated 11-7-1964.] and shall be maintained in a clean and legible conditions].23. Weekly holidays.
24. Number of hours of work which shall constitute a normal working day for employments other than plantations.
25. Number of hours of work which shall constitute a normal working day for employment in Plantations.
26. Cases and circumstances in which an employee employed or a period of less than the requisite number of hours constituting a normal working day.
27. Number of hours of overtime.
- The total number of hours of overtime a worker shall be required or allowed to work in any employment shall not exceed fifty for any one quarter.Explanation. - 'Quarter' means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October.28. Extra wages for overtime.
29. Form of registers and records.
- [(1) A Register of wages in Form XI shall be maintained by every employer and kept at the workspot:Provided that the Register of wages to be maintained by the employer in the case of employment in agriculture shall be in Form XII:] [Substituted by Notification dated 29-6-1970.][Provided further that this Register need not be maintained by the employer who is required to maintain, and who actually maintains, the Register in Form 8 prescribed by Sub-rule (1) of Rule 23 of the Kerala Agricultural Workers Rules, 1975] [Added by SRO No. 1336/79 dated 19-1 1-1979.].29A. [ Preservation of registers. [Inserted by Notification dated 22-5-1961.]
- Each register required to be maintained under Rule 21(4), 28(2), 29(1) and the muster roll required-to be maintained under Rule 29 (5) shall be preserved for a period of three years after the date of last entry made therein.]29B. [ Use of alternative form in certain cases. [Inserted by SRO. No. 299/64 dated 17-9-1964.]
- Notwithstanding anything contained in 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, an alternative suitable form in lieu of any of the forms prescribed, under these Rules a my be used with the previous approval of the Labour Commissioner] [or any other officer authorised by the Labour Commissioner in writing in this behalf] [Inserted by SRO. No. 341/99 dated 13-4-1999.].30. [Production of Registers and other records] [Inserted by Notification dated 22-5-1961.].
- The registers, records and notices maintained as exhibited under the provisions of these rules shall always be available at or a near as practicable, to the site of employment and shall be produced or caused to be produced for inspection, at all reasonable hours by any Inspector having jurisdiction over the establishment.[Provided that the Inspector may, if he considers necessary, demand the production of the registers and records of any establishment, including those which have been closed, in his office or such other public place as may be nearer to the employer] [Inserted by Notification dated 22-5-1961.].30A. [ Infringement of the Act and Rules. [Inserted by Notification dated 22-8-1970.]
- Any infringement of the provisions of the Act or of these rules noticed by the Inspector and communicated to the employer during the course of an Inspection or otherwise, shall be rectified by the employer and compliance report in respect thereof shall be submitted to the Inspector, on or before the date specified by him in this behalf.]Chapter V
Claims Under the Act
31. [ Applications. [Substituted by Notification dated 17-5-1961.]
32. Authorisation.
- The authorisation to act on behalf of an employed person or persons under Sub-section (2) of Section 20 or Sub-section (1) of Section 21 shall be given in form IX by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.33. Appearance of parties.
Chapter VI
Scale of Costs in Proceedings under the Act
34. Costs.
35. Court fees.
- The Court fee payable in respect of proceedings under Section 20 shall be-36. Savings.
- 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 State Government, make equally satisfactory provisions for the matters dealt with by these rules and such opinion shall be final.37. Repeat.
- The Travancore-Cochin Minimum Wages Rules, 1951 and the Minimum Wages (Madras) Rules, 1953 as in force in the Malabar District referred to in Sub-section (2) of Section 5 of the S.R. Act, 1956 (37 of 1956) are hereby repealed:Provided that any order made or action taken under the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.Form IRegister of Fine[Rule 21 (4)]........................Employer.................................| Serial No. | Name | Father's / Husbands name | Sex | Department | Natureand dateof the offence for which fineimposed | Whether workman Showedcauseagainstfine ornotif so, enter date | Rate of wages | Date and amount of fine imposed | Date on which fine realised Remarks | Remark |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Serial No. | Name | Father's / Husbands name | Sex | Department | Damage or loss caused with date | Whetherworkershowed cause against deduction,if so, enterdate | Dateand amountof deduction imposed | Numberof instalments if any | Dateon which total amount realised | Remark |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
1. (a) Name of the establishment and Postal Address..........................................
2. N umber of days worked during the year ...........................................................................................................................
3. *Number of man-days worked during the year
4. ** Average daily number of persons employed during the year
5. Total wages paid in cash (Rs Ps.)...................................
6. ***Total cash value of the wages paid in kind (Rs. Ps.) .............................
7. Deductions made during the year
| No. of cases | Total | Amount |
| Rs. Ps. | ||
| (a) Fines. | ||
| (b) Deductions for damage or loss. | ||
| (c) Deductions for breach of contract. | ||
| Total....................................................... |
8. Balance of Fines Fund at the beginning of the year Rs. Ps.
9. Disbursement from the Fines Fund during the year
| Purpose | Amount | |
| Rs. Ps. | ||
| (a) | ||
| (b) | ||
| (c) | ||
| (d) | ______________________________ | |
| Total …............................................... |
10. Balance of Fines Fund in hand at the end of the year Rs. Ps.
| Date | Signature:Designation: |
1. Name of the employer and Postal Address :
2. Industry or employment
*3. Average daily number of persons employed during the year4. Number of days worked during the year
**5. Number of man-days worked during the year6. Total wages paid in cash Rs. Ps.
***7. Total Cash value of the wages paid in kind Rs. Ps.8. Balance of Fines Fund at the beginning of the year Rs. Ps.
9. Disbursement from the Fines Fund during the year
| Purpose | Amount | |
| Rs. Ps. | ||
| (a) | ||
| (b) | ||
| (c) | ||
| (d) | ______________________________ | |
| Total …............................................... |
10. Balance of Fines Fund in hand at the end of the year Rs. Ps.
| Place:Date | Signature:Designation: |
1. (a) The Act applies to persons engaged on scheduled employments on specified class of work in respect of which minimum wages have been fixed.
2. "Wages" means all remuneration payable to an employed person on the fulfillment of his contract of employment and includes house rent allowance. It excludes-
(i)the value of any house-accommodation, Supply of light, water, medical attendance or any other amenity or any service excluded by general or special order of the Government;(ii)contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of Social Insurance;(iii)the travelling allowance or the value of any travelling concession;(iv)the sum paid to the person employed to defray special expenses entailed on him by the nature of his employment;(v)gratuity payable on discharge;| Serial No. | Category of employees | Minimum Wages |
| [XII. Wage period and date of payment ofwages [Inserted by SRO. No. 162/76 dated 10-1-1976.] | ||
| Wage period | Date of payment of wages] | |
| [XIII] [Renumbered by SRO. No. 162/76 dated 10-1-1976.]. Name and Address of the inspector (s) | ||
| Name | Address |
| Serial No. | Name | Father's / Husband's name | Sex | Designation and Department | Dates on which overtime worked | Extent of over-time on each occasion | Total over-time worked or production in caseof piece workers |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Normal hours | Normal rate | Over-time rate | Normal earnings | Over-time earning | Total earnings | Date on which overtime payment made |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
| Serial No. | Name | Father's / Husband's name | Sex | [Date of entry into service] [Inserted by Notification No. 15447 E1/73/LBR, dated 19.11.1974.] | Nature of work | For the Period ending….............................. |
| 1 | 2 | 3 | 4 | 5..................... | ||
| Date | Signature of thumb impression of theemployedperson, or legal practitioneror official of a registered TradeUnionduly authorised |
| *[Delete the portions not required] |
| Date | Signature of thumb impression of theemployedperson, or legal practitioneror official of a registered TradeUnionduly authorised |
| *[Delete the portions not required] |
| Date ........................ | Signature |
| *[Delete the portions not required] |
| Date | Signature of thumbimpression of the employed |
| Date | Signature of the Authority. |
| Wage Period from | to | Name of Establishment:Place: |
| Serial No. | Name ofthe Employee | Father's/HusbandName | Designation | Minimum ratesof wagespayable | Rates ofwagesactually paid | Total Attendance units of work done | Overtime worked | ||
| Basic | D.A. | Basic | D.A | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ||
| Gross Wages Payable | Employees Contributionto P.F. | H.R. | Other deductions | Total deductions | Wages paid | Date of Payment | Signature/Thumb impression of employee |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| Name and address of the Land Owner | |||||||||
| Sl.No. | Date | Name and address of the employee | Sex | Nature of work done | Volume of workdone (quantity ofpaddyharvestedand threshed/No.Of Coconut tress climbed/hours employedetc. | Minimum rates of wages payable | Wages paid | Signature of employee | Signature of land owner |
| In Kind | In Case | In Kind | In Case | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
1. Name of the employee with Father's/Husband's name:
2. Designation
3. Wage period
4. Rate of wage payable
5. Total attendance/Units of work done
6. Over-time wages
7. Gross Wages payable
8. Total deductions
9. Net wages paid
| Pay-in-charge | (Employee's Signature/ Thump impression) |
| Name of District: | Name and Address of Establishment: | Month and year (Wage Period): |
| Name of Owner: | Name of Employer: | e-mail ID of Employer: |
| Type of Employment: | Type of Ownership: | Mobile Number of Employer |
| Employee Code | Employee Name | Name of Father/Husband | Sex | Date of Birth | Designation | Designation Code /grade as in Government Order | Date of Joining | Mobile Number | e-mail ID | Name of Bank | IFS Code | Bank A/C No. | Days of attendance |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Loss of pay days | No. weekly off granted | No. of Leave granted | Basic | DA | HRA | City Compensatory Allowances | Gross monthly wages | Overtime Wages | Leave Wages | Arrear paid | Other Allowances | Advance |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 |
| Total Amount | EPF | ESI | Advances | Welfare Fund | Professional | TDS | Deduction of Fine | Deduction of Loss and Damages | Other Deduction | Total Deduction | Net Wages Paid | Date of Payment | Remarks |
| 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 |