21. Time and conditions of payment of wages and the deductions permissible from wages.
(1)(i)The wages period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of worker in the employment shall be paid-(a)in the case of establishments in 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.(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.(iv)All payments of wages shall be made on a working day.Explanation. - (1) Every payment made by the employed person to the employer or his agent shall for the purposes of these Rules, be deemed to be a deduction from wages.(2)Deductions from the wages of a person employed in a scheduled employment shall be one or more of the following kinds, namely :-(i)fine [in respect of such acts and omissions on the part of the employed person as may be specified by the State Government, by general or special order in this behalf;] [Inserted by Notification No. VI/W3/1022/58/1719583 dated 22.11.1958.](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 of money for 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 [for the State Government or any authority constituted by the State Government for providing housing accommodation;] [Inserted by Notification No. VI/W3/1022/58/1719583 dated 22.11.1958.](v)deductions for such amenities and services supplied by the employer as the State 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 protective required for the purpose of employment.(vi)deductions for recovery of advances or for adjustment of over payments of wages:Provided that such advances do not exceed an amount equal to wages for two calender months of the employed person and, in no case, shall the monthly instalment of deduction exceed one fourth of his 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 58A of the Indian Income-Tax Act, 1922, or any Provident Fund approved in this behalf by the State Government during the continuance of the approval;(x)deductions for payment to co-operative societies or to a scheme of insurance approved by the State Government;(xi)deductions made for any saving scheme approved by the State Government with the written authority of the employed person;(xii)[ deductions for recovery or adjustment of amounts, other than wages paid to the employed person in error in excess of what is due to him :] [Inserted by Notification No. VI/W3/1022/58/1719583 dated 22.11.1958.]Provided the prior approval of the inspector or any other officer authorised by the State Government in this behalf is obtained in writing before making the deduction, unless the employee given his consent in writing to Such deduction.(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 the 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 fine 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 State Government or any officer authorised by them in this behalf. All such deductions and all realisation thereof shall be recorded in a register maintained in Forms I, II and III, as the case may be.[A return in Form III shall be furnished annually, within a time limit as may be notified by the State Government by an employer in respect of employment in a registered factory to the Chief Inspector of Factories, Bihar, and the employer in respect of employment other than in a registered factory to the Labour Officer of the district to which it relates.] [Inserted by Notification No. VI/W3-1022/58/L-19583 dated 22.11.1958.](5)The amount of fine imposed under sub-rule (3) shall be utilised [in accordance with the directions of the State Government or any officer authorised by them in this behalf.] [Substituted by Notification No. VI/W3-1022/58/L-19583 dated 22.11.1958.](6)Nothing in this Rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936.
