Section 22 in The Minimum Wages (Madhya Pradesh) Rules, 1958
22. Time and conditions of payment of wages and the deductions permissible from wages.
(1)(i)The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of a worker in such employment shall be paid on a working day-(a)in the case of establishments for 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 the wage period in respect of which the wages are payable:Provided that in the case of employment in agricultural, payment of wages shall be made weekly on the day preceding the weekly market day.(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 after the 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 purposes of these rules, be deemed to be deduction from wages.(2)Deductions from the wages of a person employed in a Scheduled employment shall be of one or more of the following kinds, namely :(i)fines for such proved acts and omissions on the part of the person employed in respect of which Government may direct fines to be leviable in all or any Scheduled Employments, and the decision of the Labour Commissioner on the issue as to whether an act or omission has taken place shall be final;(ii)deductions for absence from duty;(iii)deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss 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 or Government or any authority constituted by Government for providing housing accommodation and deductions for water or light connections, whether supplied by the employer or the Government or any agency authorised by the Government;(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 or wages :Provided that such advances do not exceed an amount equal towages for two calendar months of the employed person and, in no case, shall the monthly instalment of deductions 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 subscriptions to, and for payment of advances from any provident fund to which the Provident Fund 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;(x)deductions for payment to co-operative societies or deductions made with written authorisation of the person employed for payment of any premium or by life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (XXX of 1956);(xi)deductions for recovery or adjustment of amounts other than wages paid to the employed person by error or in excess of what is due to him :Provided that the deductions under this clause shall not be made unless-(i)a prior approval of the Inspector or any officer authorised by the Government in this behalf is obtained; and(ii)the person employed has given his consent in writing for such deductions;(xii)deductions for bad workmanship to such extent and subject to such conditions as the Government may, by order, specify in respect of any scheduled employment.(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 also in writing the act or omission or the damage or loss, in respect of which 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 tine or deduction shall also be intimated to him.(4)The amount of fine or deduction mentioned in sub-rule (3) shall be such as may be specified by the Government. All such deductions, and all realisations thereof shall be recorded in a register maintained in Forms I, II and III, as the case may be. [A return in Form III in duplicate shall be submitted annually by the employer and shall reach the Inspector] [Substituted by Notification No. 4578-1845-XVI, dated 26-6-1964.] by the 31st January of the succeeding year.(5)The amount of fine imposed under sub-rule (3) shall be utilised only for such purposes beneficial to the employees as are approved by the Labour Commissioner subject to such instructions as may be given to him by the Government.(6)Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936.
