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[Cites 0, Cited by 21] [Entire Act]

Union of India - Section

Section 26 in The Payment Of Wages Act, 1936

26. Rule-making power .-(1) [The appropriate Government] may make rules to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17.

(2)[The appropriate Government] [ Substituted by Act 41 of 2005, Section 3, for " the State Government" (w.e.f. 9.11.2005).] may, [* * *] [ The words " subject to the control of the Governor-General in Council" omitted by A.O. 1937.] by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(3)In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may-
(a)require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the Act, [prescribe the form thereof and the particulars to be entered in such registers and records] [ Substituted by Act 53 of 1964, Section 22, for " and prescribe the form thereof" (w.e.f. 1.2.1965).];
(b)require to display in a conspicuous place or premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises;
(c)provide for the regular inspection of the weights, measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them;
(d)prescribe the manner of giving notice of the days on which wages will be paid;
(e)prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed;
(f)prescribe the procedure for the imposition of fines under section 8 and for the making of the deductions referred to in section 10;
(g)prescribe the conditions subject to which deductions may be made under the proviso to sub-section (2) of section 9;
(h)prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended;
(i)prescribe the extent to which advances may be made and the instalments by which they may be recovered with reference to clause (b) of section 12;
[(i-a) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12-A; [ Inserted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965).](i-b) prescribe the powers of Inspectors for the purposes of this Act;]
(j)regulate the scales of costs which may be allowed in proceedings under this Act;
(k)prescribe the amount of Court-fees payable in respect of any proceedings under this Act; [*] [ The word " and" omitted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965).]
(l)prescribe the abstracts to be contained in the notices required by section 25; [*] [ The word " and" omitted by Act 38 of 1982, Section 14 (w.e.f. 15.10.1982).]
[(l-a) prescribe the form and manner in which nominations may be made for the purposes of sub-section (1) of section 25-A, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other matters connected with such nominations; [ Inserted by Act 38 of 1982, Section 14 (w.e.f. 15.10.1982).](l-b) specify the authority with whom amounts required to be deposited under clause (b) of sub-section (1) of section 25-A shall be deposited, and the manner in which such authority shall deal with the amounts deposited with it under that clause;]
(m)[ provide for any other matter which is to be or may be prescribed.] [ Inserted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965).]
(4)In making any rule under this section [appropriate Government] [ Substituted by Act 41 of 2005, Section 3, for " the State Government" w.e.f. 9.11.2005).] may provide that a contravention of the rule shall be punishable which shall not be less than seven hundred fifty rupees but [which may extend to one thousand and five hundred rupees] [ Substituted by Act 41 of 2005, Section 11, for " which may extend to two hundred rupees" (w.e.f. 9.11.2005).].
(5)All rules made under this section shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than three months from the date on which the draft of the proposed rules was published.
(6)[ Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in ] [Inserted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965). ][two or more successive sessions,] [ Substituted by Act 38 of 1982, Section 14, for " two successive sessions" (w.e.f. 15.10.1982).][and if, before the expiry of the session ] [Inserted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965). ] [immediately following the session or the successive sessions aforesaid,] [ Substituted by Act 53 of 1964, Section 14, for " in which it is so laid or session immediately following" (w.e.f. 15.10.1982).][both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] [Inserted by Act 53 of 1964, Section 22 (w.e.f. 1.2.1965). ]
(7)[ All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature.] [ Inserted by Act 41 of 2005, Section 11 (w.e.f. 9.11.2005).]
State Amendments-[Bihar].-In its application to the State of Bihar, after Cl. (d) of sub-S. (3) of Section 26, insert the following clause, namely:"(dd) prescribe the manner in which the excess amount of the bonus shall be paid or invested under section 6".-Bihar Act 4 of 1963.[Gujarat].-Same as that of Maharashtra.-Gujarat Act 26 of 1961.[Karnataka].-In its application to the State of Karnataka, in Section 26, sub-S. (3), Cl. (k), for the words "Court-fees", substitute "ad valorem or fixed Court-fees"".-Karnataka Act 2 of 1977, Section 9 (w.e.f. 1-2-1982).[Maharashtra].-In its application to the State of Maharashtra, in Section 26, sub-S. (3),-(1) after Cl. (d), insert the following clause, namely:"(da) prescribe the manner in which the excess amount of the bonus shall be paid or invested under section 6;";(2) in Cl. (k),(a) for the word "Court-fees", substitute "ad valorem or fixed Court-fees";(b) delete the word "and".-Bombay Act 62 of 1953.[Uttar Pradesh].-Amendment of Section 6 of Act 4 of 1936.- For Section 6 of the Payment of Wages Act, 1936 the following section shall be substituted, namely-"6. Each employer of industrial or any other establishment shall pay wages to his employees through Bank Cheque or National Electronic Fund Transfer or Electronic Clearing Service System into the bank account, thereof:Provided that if the work of an employed person is of temporary/casual fixed term nature and he requests cash payment of his earned wages in writing and provides a copy of his self attested Aadhar Card, the concerned employer may pay the concerned employee cash payment of due wages not exceeding Rupees Five thousand during a period of three months.".3. Insertion of Section 20-A.- After Section 20 of the principal Act the following section shall be inserted, namely-"20-A Composition of offences.- (1) Any offence committed under this Act, punishable with fine or with imprisonment up to six months or with both may, on an application of the accused person either before or after institution of prosecution, be compounded by a Competent Officer, as the State Government may by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence, in such manner as may be prescribed:Provided that the compounding of offences under this section is available only for commission of first offence.(2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to the direction, control and supervision of the State Government.(3) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed.(4) Where any offence compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.(5) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.".