State of Rajasthan - Act
The Rajasthan Payment of Wages Rules, 1961
RAJASTHAN
India
India
The Rajasthan Payment of Wages Rules, 1961
Rule THE-RAJASTHAN-PAYMENT-OF-WAGES-RULES-1961 of 1961
- Published on 21 April 1961
- Commenced on 21 April 1961
- [This is the version of this document from 21 April 1961.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- (i) These Rules may be called the Rajasthan Payment of Wages Rules, 1961.2. Definition.
- In these Rules unless is anything repugnant in the subject or context:-3. Register of Fines.
4. Register of Deductions for damage or loss.
- In every factory or Industrial establishment in which deductions for damage or loss are made, the pay master shall maintain the register required by sub-section (2) of Section 10, in Form II.5.
[Wage register and Wage Slips] [Substituted re-numbered and inserted vide Notification No. GSR 77/F.3 38/ Lab/63, dated 16-10-1970. published in Rajasthan Gazette. Part IV-C(I). Extraordinary, dated 16-10-1970.] 1(1).- A Register of Wages shall be maintained in every factory or industrial establishment and may be kept in such form as the pay master finds convenient but shall include the following particulars-(a)the gross wages earned by each person employed for each wage period,(b)all deductions made from these wages, with an indication in each of the clause of sub-section (2) of Section 7 under which the deduction is made,(c)the wages actually paid to each person employed for each wage period.6. Maintenance of Register.
- The register required by rules 3, 4, 5,and 18 shall be preserved for twelve months after the date of last entiy made in them.Section 26 (3) (B)7. Display of wages rates.
- In every factory or industrial establishment a notice in Form VI in Hindi shall be displayed by the Pay-master in a conspicuous place at or near the entrance of each department or group of departments, specifying the rates or wages payable to all classes of workers other than those holding position of supervision or management as mentioned in the Rajasthan Factories Rules. When the rates of wages are revised or a new class of work introduced the necessary alterations shall be made the Pay-master in the said notice and dated.This notice shall be preserved for a period of six months after the date of its replacement by a new notice and shall be available to an inspector on demand for the purpose of inspection.Section 26 (3)(C)8. Weights and measure.
9. Notice of dates of payment.
- The paymaster shall display, in a conspicuous place at or near the main enterence of the factory a notice in Hindi giving for not less than one month in advance the days on which wages are to be paid.Provided that an employed person who is absent on any such day shall be paid his wages on any working day before the expiry of the third working day after the day on which a demand is made by him for the same.Section 26(3)(E), (F) & (H)10. Prescribed authority.
- The Chief Inspector of Factories shall be the authority competent to approve, under sub-section (1) of Section 8 acts and omission in respect of which fines may be imposed and under sub-section (8) of Section 8 the purposes on which the proceeds of fines shall be expended.11. Application in respect of fines.
- Every employer requiring the power to impose fines in respect of acts and omissions on the part of employed persons shall send to the Chief Inspector of Factories:-12. Approval of list of acts and omissions.
- The authority appointed under rule 10 on receipt of this list prescribed in rule 11(a) may after such inquiry as he considers necessary pass orders either:-13. Posting of list.
- The employer shall display at or near the main enterence of the factory or industrial establishment a copy in Hindi of the list approved under rule 12.14. Persons authorised to impose fines.
- No fines may be imposed by any person other than an employer, or a person holding an appointment named in a list submitted under rule 11.15. Procedure in imposing fines and deduction.
- Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss shall explain personally to the said person, the act or omission or damage or loss, in respect of which the fine or deduction is proposed to be imposed and the amount of the fine or deduction, which it is proposed to impose, and shall take the explanation, either orally in the presence of at least one other person or in writing as the employed person may prefer.16. Information to Paymaster.
- The person imposing a fine or directing the making of a deduction for damage or loss, shall without unnecessary delay, inform the paymaster of all particulars so that the register prescribed in rule 3 or rule 4 may be duly completed.Section 26(3) (G)17. Deduction for breach of contract.
18. Advances.
19. Annual Return.
- In respect of every factory or industrial establishment, return shall be sent in Form IV so as to reach the Chief Inspector of Factories not later than the 15th of February following the end of the calendar year to which it relates.Section 26 (3)(J)20. Costs.
21. [ Fees for copies. [Substituted vide Notification No. G. S. R.226/F. l(5)(10)Lab./65 dated 14-12-1974, published in Rajasthan Gazette, Part IV-C(I), Ordinary, dated 19-12-1974.]
2. The following shall be the scale of charges for copies of such document or record:-
For a copy, ordinary or urgent-(i)containing 400 words or less, Rs. 1/- and Rs.2/- respectively:(ii)containing more than 400 words but not more than 1200 words, for 400 words the charges shall be as mentioned in clause(i) and for every subsequent 100 words or less, an extra charge of 25 paisa and 50 paisa respectively shall be made:(iii)containing more than 1200 words but not more than 2400 words for 1200 words, the charges shall be as mentioned in clause (ii) and for every subsequent 100 words or less, an extra charge of 19 paisa and 37 paisa respectively shall be made:(iv)containing more than 2400 words, for 2400 words, the charges shall be ad mentioned in clause (iii) and for every subsequent 100 words or less, an extra charge of 12 paisa and 25 paisa respectively shall be made.22. [ Fees. [Substituted vide Notification No. G. S. R.69/F. l(5)(10)Shram/65, dated 24-9-1970, published in Rajasthan Gazette. Part IV-C(I) Extraordinary. dated 24-9-1970.]
- The court fee payable in respect of proceeding under the Act shall be as follows:-| (i) For every application to summon a witness. | 25 paise in respect of each witness. |
| (ii) For every application made by or on behalf ofan individual person before the Authority. | 50 paise. |
| (iii) For every other application made by or onbehalf of unpaid group before the Authority. | 25 paise for each member of the group subject to amaximum of five rupees. |
| (iv) (a) For every appeal lodged with the Court. | Two rupees and 50 paise for the first hundredrupees or portion thereof and 50 paise for every additionalhundred rupees or portion thereof subject to a maximum of tenrupees. |
| (b) For every other miscellaneous application filedbefore the Court. | 50 paise. |
23. Abstract.
- The abstract of the Act and of the Rules made thereunder to be displayed under Section 25 shall be in Form 'V'.Section 26(4)24. Penalties.
- Any breach of rules 3,4,5,6,7,9,16 and 19 of these Rules shall be punishable with fine which may extend to two hundred rupees.General25. Supersession.
- These rules supersede the Rajasthan Payment of Wages Rules, 1951 and all other rules corresponding to these rules in force in the Ajmer, Abu and Sunel areas.Form I[See rule 3 (1)]Register of Fines...........................Factory/Industrial Establishment.| Serial Number | Name | Father's Name | Department | Act or omission for which fine imposed | Whether workman showed cause against fine or not,if so, enter date | Rate of wages | Fine imposed | Fine realised or remitted | |||
| Date | Amount | Date | Amount realised | Amount remitted | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Total amount of fines realised | Amount disbursed | Date of disbursement | Object on which disbursed | Amount in hand (in the Fund) | Remarks. |
| 13 | 14 | 15 | 16 | 17 | 18 |
| S. No. | Name | Father's Name | Department | Damages or loss caused | Whether worker showed cause against deduction ornot, if so, enter date. | Deduction imposed | No. of installment, if any | Amount realised | Remarks |
| Nature | Amount | Date | Amount | Date | Amount | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| S. No. | Name | Father's Name | Department | Date and amount of advance made | Purpose for which advance to be repaid | No. of installments by which advance to berepaid | Postponements granted | Date on which total amount repaid | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
1. (a) Name of the Factory or Establishment with full postal address:
2. No. of days worked during the year.
| Persons earning less thanRs. 400/- p.m. | |
| Adults | |
| Children |
| Adults | |
| Children | |
| Total |
3. Gross amount paid as remuneration to persons getting less than Rs. 400/- including deduction 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 proce paid by the employer and the actual price paid by the employees for supplies of essential commodities given free or at concessional rates.]
Total wages paid including deductions under Section 7 (2) on the following accounts:-| Persons receiving less thanRs. 400/- p. m. | |
| (a) Basic wages including over time wages andnon-profit sharing bonus: | |
| (b) Dearness and other allowances in cash: | |
| (c) Arrears of pay in respect of previous year paidduring the year: |
5. Deduction:
| Persons receiving less thanRs. 400/- p. m. | |
| No. of cases | Amounts |
| (a) Fines: | |
| (b) Deductions or damage or loss: | |
| (c) Deductions for breach of contract: |
6. Disbursement from the fines fund
| Purpose | Amount |
| (a) | |
| (b) | |
| (c) | |
| (d) |
7. Balance of fines fund in hand at the end of the year............
Signature..........................Designation........................Form V(See rule 23)Abstract of the Payment of Wages Act, 1936 and the Rules made thereunder.When the Act affects-1. The Act applies to the Payment of Wages to persons in Factories or Industrial Establishment receiving less than Rs.400/- a month.
2. No employed person can give up by contract or agreement his rights under the Act.
Definition of Wages3. 'Wages' means all remunerations whether salary, allowances or otherwise payable to a person employed in respect of his employment of work done in such employment.
It includes:-(a)any remuneration payable under any award or settlement between the parties or order of a court;(b)any remuneration to which the person employed is entitled in respect of over-time work or holdings or any leave period;(c)any additional remuneration payable under the terms of employment:(d)any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;(e)any sum to which the person employed is entitled under any scheme framed under any law for the time being in force.It excludes:-4. The Paymaster is responsible for the payment under the Act of Wages to person employed under him and contractor employing persons is responsible for payment to the persons he employs.
5. Wages period shall be fixed for the payment of wages at intervals not exceeding one month.
6. Wages shall be paid on a working day within seven days of the end of the wage period or within ten days if 1,000 or more persons are employed.
The wages of a person discharged shall be paid not later than the second working day after his discharge.7. Payments in kind are prohibited.
Fines and Deductions8. No deductions shall be made from wages except those authorised under the Act (see paragraphs 9 to 15 below).
9.
10. (a) Deduction for absence from duty can be made only on account of the absence of the employed person at times when he should be working and such deductions must not exceed an amount which is in the.same proportion to his wages for the wage period as the time he was absent in that period is to the total time he would have been at work.
(b)If ten or more employed persons acting in a concern absent themselves without reasonable cause and without due notice the deduction for absence can include wages for eight days in lieu of notice but:-11. Deductions can be made for damage to or loss of goods expressly entrusted to an employed person or for loss of money for which he is required to account, where such damage or loss is due to his neglect or default.
Such deduction cannot exceed the amount of the damage or loss caused and can be made only after giving the employed person an opportunity for explanation.12. Deduction can be made, equivalent to the value thereof, for house accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (Whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidising house accommodation which may be specified in this behalf by the State Government amenities or services (other than tools and raw material) supplied by the employer provided these are accepted by the employed person as a part of the term of his employment and have in the case of amenities and services been authorised by order of the State Government.
13. (a) Deductions can be made for the recovery of advances or for adjustment of over-payment of wages.
14. Deductions can be made for subscription to and for repayment of advances from any recognised provident fund.
15. Deductions can be made for payments to co-operative societies approved by the State Government or to the postal insurance subject to any conditions imposed by the State Government. Education can also be made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government.
15.
16. An Inspector can enter on any premises and can exercise powers of inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out of the purposes of the Act.
Complaints of deductions or delays17.
18. The authority may award compensation to the employed person in addition to ordering the payment of delayed wages or the refund of illegal deductions.
If a malicious or vexation complaint is made the authority may impose a penalty not exceeding Rs.50/- on the applicant and order that it be paid to the employer.Appeal against the Authority19. An appeal against an order dismissing either wholly or part of an application or against a direction made by the authority may be referred within thirty days to the District Court-
20. Anyone delaying the payment of wages beyond the due date or making any unauthorised deductions from is liable to fine upto Rs.500/-. but only if prosecuted with the sanction of the authority or the appellate court.
21. The Pay-master who-
22. A complaint to this effect can be made only by the Inspector or with the sanction.
Form VIName of the Factory or Industrial Establishment..........Name of the Department................Date from which wage rates will be or are in force.............| Class of description of work | Rate of wages per unit | Allowance, if any | |
| Rs. | P |
| Name of the worker | Wage period | Actual rate of wages | Days worked (A) | Actual wages payable on the basis of columns 3and 4 | Allowance not included in Column 5 (B) | Gross wages payable (Total of columns 5 and 6) | Deductions, if any | Kind of deductions | Actual net wages payable (difference of columns 7and 8) | Date of payment | Signature or thumb impression of the worker intoken of receipt of wages paid to him with date (C) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |