Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 21] [Entire Act]

State of Punjab - Subsection

Section 21(4) in The Punjab Minimum Wages Rules, 1950

(4)[(i) Notwithstanding anything contained in these rules, the total amount of deduction which may be made under sub-rule (2) in any wage period from the wages of an employed person shall not exceed, -
(a)in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (x) of sub-rule (2) seventy- five per cent of such wages, and
(b)in any other fifty per cent of such wages.
(ii)Nothing contained in these rules shall be construed as precluding the employer from recovering from the wages of the employed persons or otherwise any amount payable by such persons under any law for the time being in force other than the Indian Railways Act, 1890.
(iii)
(a)No fine shall be imposed on any employed person save as provided in clause (i) of sub-rule (2).
(b)A notice specifying such act and omissions shall be exhibited in, at or near the main entrance of the establishments in Punjabi with a translation thereof in Hindi.
(c)The total amount of fine which may be imposed in any one wage period on any employed person shall not exceed in amount equal to three paise in a rupee of the wages payable to him in respect of such wage period.
(d)No fine shall be imposed on any employed person who is under the age of fifteen years.
(e)No fine imposed on any employed person shall be recovered from him by instalments on or after the expiry of sixty days from the day on which it was imposed.
(f)Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(g)No fine may be imposed by any person other than employer, as defined in clause (e) of section 2 of the Act.
(h)All fine realised may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only for the welfare of the employees of the establishment from which the fine has been realised.
(iv)
(a)Deductions under clause (ii) of sub-rule (2) may be made only on account of the absence of any employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work;
(b)The amount of such deductions shall, in no case, bear to the wages payable to the employed persons in respect of wage period for which the deductions are made a larger proportion than the period for which he is absent bears to the total period within such wage period during which, by the terms of his employment, he was required to work :
Provided that, if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving notice which is required under the terms of their contract of employment) and without reasonable cause such deduction from any such persons may include such amount not exceeding his wages for eight days as may by any such terms, be due to the employer in lieu of due notice.Explanation. - For the purpose of this clause an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses in pursuance of a stay-in-strike or for any other cause which is not reasonable in the circumstances, to carry out his work.
(c)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.
(d)No deduction for breach of contract shall be made from the wages of an employed person unless -
(i)there is no provision in writing forming part of the terms of contract of employment requiring him to give notice of the termination of his employment;
(ii)the period of his notice does not exceed one month or the wage period whichever is less;
(iii)the period of notice does not exceed the period of notice which the employer is required to give for the termination of that employment;
(iv)this rule has been displayed in Punjabi and Hindi at or near the main entrance of the establishment and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made; and
(v)a notice has been displayed at or near the main entrance of the establishment giving the names of the persons from whom the deduction is proposed to be made, the number of days in respect of which the wages are to be deducted and the conditions (if any) on which the deductions will be remitted :
Provided that where deduction is proposed to be made from all the persons employed in any department or section of the establishment, it shall be sufficient, in lieu of giving the names of the persons in such department, or section to specify the departments or sections affected.
(e)No deduction for breach of contract shall exceed the wages of the persons employed for the period by which the notice of termination of service falls short of the period of such notice required by the contract of employment.
(f)If any conditions have been specified in the notice displayed under sub- clause (d) (v), no deduction for breach for contract shall be made from any person who has complied with these conditions.
(v)Deductions under clause (iii) of sub-rule (2) shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person.
(vi)A deduction under clauses (iv) and (v) of sub-rule (2) shall not be made from the wages of the employed persons unless the house accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house accommodation amenity or service supplied.
(vii)Deduction under clause (vi) of sub-rule (2) shall be subject to the following conditions, namely :-
(a)recovery of an advance of money given before the employment began shall be made from the first payment of wages in respect of a complete wage period, but no recovery shall be made of such advance given for travelling expenses;
(b)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 calender 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;
(c)the advance may be recovered in instalments by deductions from wages. No instalment shall exceed one third or where the wages for any wage period are not more than twenty rupees one fourth of the wages for the wage periods in respect of which deduction is made.
(viii)All such fines imposed and deductions made and advances given shall be recorded in the registers maintained in Forms I, II and 11-A, respectively. These registers shall be kept at the workspot and maintained upto date. Where no fine has been imposed or no deduction has been made from an employed person in any wage period, a "nil" entry shall be made in the relevant register at the end of the wage period, indicating also and in precise terms the wage period to which the "nil" entry relates.].
(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.