State of Punjab - Act
The Punjab Payment of Wages Rules, 1937
PUNJAB
India
India
The Punjab Payment of Wages Rules, 1937
Rule THE-PUNJAB-PAYMENT-OF-WAGES-RULES-1937 of 1937
- Published on 26 February 1937
- Commenced on 26 February 1937
- [This is the version of this document from 26 February 1937.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title.
- [(1)] [Rule 1 renumbered as sub-rule (1) and sub-rule (2) added by Punjab Government Notification No. 12090-VII-Lab.60/37184, dated 22.12.1960.] - These rules may be called the Punjab Payment of Wages Rules, 1937.2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context, -(a)"the Act" means the Payment of Wages Act (IV of 1936);(b)"authority" means the authority appointed under sub-section (1) of section 15 of the Act;(c)[ "the Labour Commissioner" means the Labour Commissioner, Punjab;] [Substituted by Punjab Government Notification No. 10700-LP-50/10251, dated 12.12.1950.](d)"the Court" means the court mentioned in sub-section (1) of section 17 of the Act;(e)"deduction for breach of contract" means a deduction made in accordance with the provisions of the proviso to sub-section (2) of section 9;(f)"deduction for damage or loss" means deduction made in accordance with the provisions of clause (c) of sub-section (2) of section 7;(g)"from" means a form appended to these rules;(h)"Inspector" means the Inspector authorized by or under Section 14 of the Act;(i)"person employed" excludes all persons to the payment of whose wages the Act does not apply;(j)"section" means a section of the Act;(k)"Paymaster" means an employer or other person responsible under section 3 of the Act for Payment of Wages;(l)words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.3. Register of fines.
[Section 26(3)(a)] - (1) In any factory in respect of which the employer has obtained approval under sub-section (1) of section 8 to a list of acts and omissions in respect of which fines may be imposed, the paymaster shall maintain a Register of Fines in Form I.4. Register of deductions for damage or loss.
- In every factory in which deductions for damage or loss are made, the paymaster shall maintain the register required by sub-section (2) of section 10 in Form II.5. Register of Wages.
- A Register of Wages shall be maintained in every factory and may be kept in such form as the paymaster finds convenient but shall include the following particulars :-6. Maintenance of Registers.
- The registers required by rules 3, 4, 5 and 17 shall be preserved for [three years] [Substituted by Punjab Government Notification No. GSR18/CA4/36/Section 26/Amendment(2)/81, dated 13.3.1981.] after the date of the last entry made in them.7. Weights and measures.
[Section 26(3)(c)] - (1) All weights, measures or weighing machines which are used in checking or ascertaining the wages of persons employed in any factory shall be examined [quarterly] [Substituted by Punjab Government Notification No. GSR18/CA4/36/Section 26/Amendment (2)/81, dated 13.3.1981.] by an Inspector who may prohibit the use of any weight, measure or weighing-machine which he finds to register incorrectly.8. Notice of dates of payment.
[Section 26(3)(d)] - The paymaster shall display, in a conspicuous place at or near the main entrance of the factory a notice, in English and in the [official language of the State and the language understood by the majority] [Substituted by Punjab Government Notification No. GSR18/CA4/36/Section 26/Amendment(2)/81, dated 13.3.1981.] of the persons employed therein, giving for not less than two months in advance, the days on which wages are to be paid.9. [ Prescribed authority for the purposes of sub-sections (1) and (8) of section 8. [Substituted by Punjab Government Notification No. 7933-Lab-II-61/22856, dated 19.7.1961.]
[Section 26(3)(e)(f)] - For each factory and industrial establishment there shall be a committee consisting of -10. Applications in respect of fines.
- Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employed persons shall send to [the Labour Commissioner] [Substituted by Punjab Government Notification No. 10700-LP-50/10251, dated 12.12.1950.] :-11. [ Approval of list of acts and omissions. [Substituted vide No. G.S.R. 18/C.A. 4/36/S. 26/Amd. (2)/81, dated 13th March 1981.]
- The authority appointed under rule 9 may, on receipt of the list referred to in rule 10 and after such enquiry as it considers necessary, pass orders either :-12. Posting of list.
- The employer shall display at or near the main entrance of the factory a copy in [the Official language of the State and the language of the majority] [The words 'English together with a literal translation thereof, in the language of the majority' substited vide No. G.S.R. 18/C.A. 4/36/Section 26/Amendment (2)/81, dated 13th March, 1981.] of the persons employed therein, of the list approved under rule 11.13. Persons authorised to impose fines.
- No fine may be imposed by any person other than an employer, or a person holding an appointment named in a list submitted under rule 10.14. [ Procedure for imposing fines and deductions. [Substituted for 'Inspector of Factories' by Punjab Government Notification No. 7735-4-Lab-II-60/30622, dated 11/17.10.1960.]
- Any employer [or a person appointed for the purpose] desiring to impose a fine on an employed person or to make a deduction for damage or loss shall-15. Information to paymaster.
- The person imposing a fine or directing the making of deduction for damage or loss shall at once inform the Pay master [and the workman] [Inserted vide No. G.S.R. 18/C.A. 4/36/Section 26/Amendment (2)/81, dated 13th March, 1981.] of all particulars so that the register prescribed in rule 3 or rule 4 may be duly completed.16. Deduction for breach of contract.
[Section 26(3)(g)] - (1) No deduction for breach of contract shall be made from the wages of an employed person who is under the age of fifteen years or is a woman.17. Advances.
[Section 26(3)(i)] - (1) An advance of wages not already earned shall not, without the previous permission of an Inspector exceed an amount equivalent to the wages earned by the employed person during the preceding two calendar months, or if he has not been employed for that period twice the wages he is likely to earn during the two subsequent calendar months.18.
[Section 26(3)(a)] - Annual return in respect of every factory in which during the calendar year any fines have been imposed or any deduction for breach of contract or for damage or loss have been made from wages a return shall be sent in form IV so as to reach the [Labour Commissioner] [Substituted for 'Chief Inspector of Factories' by Punjab Government Notification No. 10700-LP-50/10251, dated 12.12.1950.] not later than the 15th of February following the end of the calendar year to which it relates.19. Costs.
-[Section 26(3)(i)] (1) Where the Authority or the Court, as the case may be, directs that any cost shall not follow the event, he shall state his reasons for so doing in writing.20.
The authority or the Court, as the case may be, may fix fees on the payment of which any person entitled to do so may obtain copies of any documents filed with the Authority or the Court, as the case may be :Provided that the authority or the Court, as the case may be, may in consideration of the poverty of the applicant, grant copies free of cost.21. Fees.
[Section 26(3)(k)] - The fee payable in respect of proceedings under the Act shall be -| (i) For every application to summon a witness. | Four annas in respect of each witness. |
| (ii) for every other application made by or on behalf of anindividual person before the authority. | Eight annas. |
| (iii) For every other application made by or on behalf of anunpaid group before the authority. | Four annas for each member of the group subject to a maximumof five rupees. |
| (iv) For every appeal lodged with Court. | Five rupees : |
22. Abstracts.
[Section 26(3)(1)] - The abstracts of the Act and of the rules made thereunder to be displayed under section 25 shall be in Form V.23. Penalties.
[Section 26(4)] - Any breach of rules [-] [Omitted by Punjab Government, Labour Department Notification No. GSR70/CA4/Section 26/65, dated 27.3.1965.] 3, 4, 5, 6, 8, 12, 15 and 18 of these rules shall be punishable with the fine which may extend to 200 rupees.Form IRegister of Fines_________________Factory| Serial No. | Name *[and Token No. or Key No.] | Father's Name | Department **[or section] | Act or omission for which fine imposed |
| 1 | 2 | 3 | 4 | 5 |
| Whether workmen showed cause against fine or not, if so,enter date | Rate of wages | Date and amount of fine imposed | Date on which fine realised | Remarks |
| 6 | 7 | 8 | 9 | 10 |
| Serial No. | Name *[and Token No. or Key No.] | Father's Name | Department **[or section] | Damage or loss caused |
| 1 | 2 | 3 | 4 | 5 |
| Whether workmen showed cause against deduction or not; if so,enter date | Date and amount of deduction imposed | Number of instalments, if any | Date on which total amount realised | Remarks |
| 6 | 7 | 8 | 9 | 10 |
| Serial No. | Name *[and Token No. or Key No.] | Father's Name | Department **[or section] | Date and amount of advance made |
| 1 | 2 | 3 | 4 | 5 |
| Purpose(s) for which advance made | Number of instalments by which advance to be repaid | Postponements granted | Date on which total amount repaid | Remarks |
| 6 | 7 | 8 | 9 | 10 |
1. (a) Name of the factory or establishment and postal address.
2. Number of man days worked during the year.
3. [Number of man days worked during the year.] [This is the aggregate number of attendances during the year.]
Persons earning less than Rs. 400 per month.AdultsChildren4. Gross amount paid as remuneration to persons getting less than Rs. 400 including deductions under section 7(2) _______ of which the amount due to profit sharing bonus is ___________ and that due to money value of concessions [is] [Money value of concessions should be obtained by taking the difference of the cost price paid by the employer and the actual price paid by the employee for supply of essential commodities given free or at concessional rates.] _____
5. Total wages paid including deductions under section 7(2) on the following accounts:-
Persons receiving less than Rs. 400 per month :6. Deductions
Persons receiving less than Rs. 400| No. of cases | Amount | |
| (a) Fines. | ||
| (b) Deductions for damage or loss. | ||
| (c) Deductions for beach of contract. |