The Payment of Wages Act, 1936

Delegated Laws of Goa GDDPayment ofWages Rules,1964 Rules under:— The Payment of Wages Act, 1936 (Central ActIV of 36) The Goa, Daman and Diu Payment of Wages Rules, 1964;, [Published in the Government Gazette, SeriesI No. 26 dated 25thJune 1964]. Arrangement of Rules Rule No. Title 1 Title 2 Definitions 3 Register of fines 4 Register of deductions for damage or loss 5 wage sheets in form II-A 6 Maintenance of Registers 7 Notice of dates of payment 8 Labour Commissioner toapprove acts and omissions in respect of which fines may be imposed 9 Application in respect of fines 10 Approval of list 11 Posting of list 12 Persons authorised to impose fines 13 Procedure in imposing fines and deductions 14 Information topaymaster 15 Deductions for breach of contract 16 Advances 17 Annual return 18 Notice specifying the rates of wages 19 Authority to fix Costs 20 Authority to fix Fees 21 Fees 22 abstract of the Act 23 Penalties Industries and Labour Department LC/5/63 Payment of Wages Act, 1936 In exercise of the powers conferred by Section 26 of the Payment of Wages Act, 1936 (IV of 36) the Government of Goa, Daman and Diu is pleased to make the following rules:— 1. Title:These rules may be called the Goa, Daman and Diu Payment of Wages Rules, 1964. 2. Definitions:In these rules unless there is anything repugnant in the subject or context: (a)'The Act'means the Payment of Wages Act, 1936 (IV of 36). (b)'The Authority'means the authority appointed under sub-section 1 of section 15 of the Act. (c) 'The Court'means the court mentioned in sub-section 1 of section 17 of the Act. 460 Delegated Laws of Goa GDDPayment ofWages Rules,1964 (d) 'Deduction for breach of contract' means a deduction made in accordance with the provisionsof the proviso to sub-section 2 of section 9 of the Act. (e)'Deduction for damage or loss'means a deduction made in accordance with the provisions of clause(c)of sub-section 2 of section 7 of the Act. (f)'Establishment'means a factory, or anindustrial establishment as defined in section 2 (ii) of the Act. (g)'Form'means a form appended to these rules. (h)'Inspector'means an Inspector authorised by or under section 14 of the Act. (i) 'Labour Commissioner' means the officer appointed as such by the Government of Goa, Daman and Diu in its Official Gazette. (j)'Section'means a section of the Act. (k)'Pay Master'means an employer or other person responsible under section 3 of the Act for the Payment of Wages. (l) Words and expressions defined in the Act and not defined in these Rules shall have the meaningas assigned to them in the Act. 3. Register of fines: (1) In any establishment in respect of which the employer has obtained approval undersub-section 1 of section 8 to a list of Acts and omissions in respect of which fines may be imposed the Pay Master shall maintain a register of fines in form I. (2) At the beginning of the Register of fines there shall be entered serially numbered the approved purpose or purposes on which the fines realised are to be expended. (3) Vouchers or receipts in connection with any expenditure from the fines' fund shall be produced for the scrutiny of the Inspector when required by him. 4. Register of deductions for damage or loss:In every 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.In every establishment to which this Act applies or is made applicable the Pay Master shall maintain the register of wagesin form II-A: Provided that if in the case of any establishment the Labour Commissioner is of the opinion that the existing wage sheets or registers maintained by that establishment or at the Head Office thereof, give all the particulars necessary for the enforcement of the Act he may, by order in writing exempt such establishments from maintaining a register of wages required under this rule. 6. Maintenance of Registers: The registers required by rules 3, 4, 5 and 16 shall always be made available for inspection by the Inspector and be preserved by the employer for three years after the date of the last entry made in them. 7. Notice of dates of payment:The Pay Master shall display in a conspicuous place at or near the main entrance of the establishment a notice in English and in the language of the majority of the persons employed therein showing the days on which the wages are to be paid. 461 Delegated Laws of Goa GDDPayment ofWages Rules,1964 8. The Labour Commissioner, shall be the authority competent to approve under sub-section (1) of section 8 of the Act, acts and omissions 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 he expended. 9. Application in respect of fines: Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employed person shall send to the Labour Commissioner: (a)A list in English in duplicate clearly defining such acts andomissions and (b) in case where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate showing those appointments of which the incumbents may pass orders imposing fines. 10. Approval of list: The Labour Commissioner on receipt of the list referred to in rule 9, may, after such enquiry ashe considers necessary, pass orders either: (a)disapproving the list or (b) approving the list either in its original form or as amended by him in which case such list as amended by him shall be considered to be the approved list: Provided that no order disapproving or amending any list shallbe passed unless the employer is given an opportunity of showing cause in writing why the list as submitted by him should be approved. 11. Posting of list: The employer shall display at or near the main entrance of his establishmentacopy in English together with a translation thereof in the language of the majority ofthe persons employed therein, of the list of acts and omissions approved under rule 10. 12. Persons authorised to impose fines: No fine may be imposed by any person other than the employer or a person holding an appointment named in the list submitted under rule 9. 13. Procedure in imposing fines and deductions:Any person desiring to imposea 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 tobe imposed and the amount of the fine or deduction, which it is proposed to impose, and shall hear his explanation in the presence of at least one other employed person. 14. Information to paymaster: The person imposing a fine or directing the making of a deduction for damage or loss shall at once inform the paymaster of all the particulars so that the registerprescribed in rule 3 or rule 4 may be duly completed. 15. Deductions for breach of contract:(1) No deduction for breach of contract shall be made from the wages of an employed person who is under the age of 15 years or is a woman. (2) No deduction for breach of contract shall be made from the wages of any employed person unless: (a) There is provision in writing forming part of the terms of the contract of employment requiring him to give notice of the termination of his employment and (i) the period of this notice does not exceed 15 days or the wage period, whichever is less and (ii) the period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment. 462 Delegated Laws of Goa GDDPayment ofWages Rules,1964 (b) This rule has been displayed in English and in the language of the majority of the employed persons 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. (c)A notice has been displayed at or near the main entrance of the establishment showing the names of the persons from whom the deduction is proposed to be made, the number of days wages to be deducted and the conditions if any on whichthe deduction shall be remitted: Provided that where the 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 persons in such departments or sections, to specify the department or section affected. (3) No deduction for breach of contract shall exceed the wages of the person employed for the period by which the notice of termination of services given falls short of the period of such notice required by the contract of employment. (4) If any conditions have been specified in the notice displayed under clause(c)of sub-rule 2 no deduction for breach of contract shall be made from any person who has complied with these conditions. 16. Advances: (1) 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 a person during the preceding 4 calendar months or if he has not been employed for that period the wages he is likely tolearn during the four subsequent calendar months. (2) The advance may be recovered in installments by deductions from wages spread over not more than 18 months. No installment shall exceed 1/4 of the wages for the wage period in respect of which the deduction is made. (3) The amounts of all advances sanctioned and the repayments thereof shall be entered in a register in form III. (4) The rate of interest charged for advances granted under sub-rule 1 of this rule shall not exceed6 ¼per cent per annum. 17. Annual return: The paymaster shall send a return in form IV in respect of his establishment so as to reach the Labour Commissioner not later than 15th February following the end of the calendar year to which the return relates. 18.In every establishment anotice shall be displayed by the paymaster specifying the rates of wages payable to all the persons employed in that establishment other than those who are employed in position of supervision or management. 19. (1) Where the authority or the court as the case may be directs that any cost shall not follow the event, he shall state his reasons for so doing in writing. (2) The cost which may be awarded shall include: (a)the charges necessarily incurred on account of Court fees; (b)the charges necessarily incurred on subsistence money to witnesses; and (c) pleader's fees which shall ordinarily be Rs. 10/-provided that the Authority or the Court, as the case may be, in any proceedings, may reduce the fee to a sum not less than Rs. 5/-or increase it to a sumnot exceeding Rs. 30/-. 463 Delegated Laws of Goa GDDPayment ofWages Rules,1964 (3) When a party engages more pleaders than one to defend a case, he shall be allowed one set of costs only. 20.The Authority or the Court, as the case may be, may fix fees on the payment of which any person entitled to do so may obtain copies of any documents filed with the Authority or the Court, as the case may be: Provided that the Authority or the Court, as the case may be, may, in consideration of the poverty of the applicant, grant copies free of costs. 21. Fees: The fees payable in respect of proceedings under the Act specified in column 1 of theTablebelow shall be at the rates specified against each of them in column 2 thereof: TABLE 1. 2. (i) An application to summon a Twenty five naye paise in respect of eachwitness. witness (ii) An application made to the One percent of the amount of claim or Re. 1/-, Authority under section 15of the Act. whichever isless (iii) An appeal preferred before the The same rate of fees asis chargeable in respect of the District Court under section 17 of the memorandum of appeal if filed in accordance with the Act provisions of the Civil Law in force. 22.Abstracts:The abstract of theAct and of the rules made thereunder to be displayed under section 25 shall be in form V. 23.Penalties: Any breach of any of these rules shall be punishable with fine which may extend to two hundred rupees. FORM I Register of fines Name .of the establishment: 464 namkrow eht fo emaN denif .oN tekciT tnemtrapeD rof noissimo ro tcA desopmisaw enif hcihw enif fo tnuomA reciffo fo noitangiseD enif gnisopmi saw enif hcihwno etaD desopmi namkrow rehtehW tsniaga esuac dewohs retne ,os fI .ton ro enif etad Wages payable* tnuomA + doirep egaW enif fo tnuoma latoT hcihw no setad ro etaD erewsenif latot rosenif derevocer skrameR 1 2 3 4 5 6 7 8 9 10 11 12 13 * By "Wages Payable" is meant the gross wages earned by a workman: For time workers the wages due for the pay period less deductions for absence from duty: For pieceworkers the wages due on production in both cases without deductions for fines or forservicerendered by the employer. + Here enter month if payment is made by the month. In the case of other pay periods. enter 'week', 'fortnight' or 'hapta' asthe casemay be, giving the dates covered by the pay period. Delegated Laws of Goa GDDPayment ofWages Rules,1964 FORM II Register of deductions fordamageor loss caused to employer through the neglect or default of employedperson inrespect of goods expressly entrusted to them for custody Name .of the establishment: 465 .oN .rS namkrow eht fo emaN .oN tekciT tnemtrapeD ssol ro degamaD desuac noitcudedfotnuomA desopmi reciffo fo noitangiseD noitcudedgnisopmi noitcuded nehw etaD desopmi namkrow rehtehW tsniaga esuac dewohs .tonro noitcuded fi ,tnemllatsni fo .oN hcihw ni ,yna desoporp si noitcuded derevocer eb ot latot hcihw no etaD noitcuded fo tnuoma dezilaer saw desopmi skrameR 1 2 3 4 5 6 7 8 9 10 11 12 ______ FORM II-A (See Rule Five) Nameof the establishment:……………………………………………………..…… Place: ............................................... Register of Wages For the month of…………………..* Period from……………….to…………………….. Name of Department rebmuN laireS rebmun tekciT lluf ni emaN noitapuccO fo etar lautcA segaw ssenraed fo etaR **yna fi ecnawolla tneserpsyaD dna syad latoT emitrevo sruoH dekrow emitrevo fo etaR etareceiplatoT $ noitcudorp sgninraelamroN sgninrae emitrevO denrae egaw latoT ssenraeD denrae ecnawolla yna fi evael rof segaW doirep 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Wages payable # 31 snmuloc( tnuomA ) 41& secnawolla rehtO eniF ytud morf ecnesbA sdoog fo ssol ro ot egamaD noitadommocca esuoH reyolpme eht yb deilppus secivres dna seitinemA rof rosecnavda fo yrevoceR tnemyap revo fo tnemtsujda segaw fo xat emocnI eb ot deriuqer snoitcudeD truoC a fo redro eht yb edam ytirohtua tnetepmoc eht ro ro ot snoitpircsbuS secnavda fo tnemyaper dnuf tnedivorp morf evitarepo-oc fo tnemyaP fo emehcs a ot ro seiteicos eht yb deniatniam ecnarusni tsoP naidnieciffo soP naidnI eciffo snoitcuded latoT eud tnuoma teN bmuht ro erutangiS deyolpme eht fonoisserpmi nosrep skrameR 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 * Here enter month if payment is made by the calendar month.. Inthe case of other wage periods,enter 'W', 'Fortnight' of 'Hapta” as the case may be,giving the dates coveredby the pay period. ** Where the rate of dearness allowance is uniform for all workers, the rate may be mentioned against the first name only_ $ To be filled in. if the worker is employed on piece rate basis. # By "Wages payable" is meant gross wages earned by a workman. Delegated Laws of Goa GDDPayment ofWages Rules,1964 FORM III Register of advances made to employed persons Name of the establishment: Date and No. of Date on Purpose(s) amount installments which Sr. Ticket for which Postponement Name Department of by which total No. Number advances granted advances advancesto amount made made be repaid re-paid 466 skrameR 1 2 3 4 5 6 7 8 9 10 FORM IV Annual Return Wages and Deductions from Wages Return for the year ending, 31st December, 19 ... 1.a)Name of the factory or establishment andpostal address. b)Industry. 2. Number of days worked during the year. *3. a)No. of man–days worked during the year. Person receiving less than Rs.200/- Person receiving Rs.200/-and more but less than Rs.400/- Adults Children $3.b) Average daily No. of Person receiving less than Rs. Person receiving Rs.200/-and persons employed during the year 200/- more but less than Rs.400/- Adults Children c) Gross amount paid as remuneration to persons getting less than Rs. 200/- including deduction under section 7(2) ............... of which the amount due to profit sharing bonus is ............................. and what due to money value of concession £. is ........................ d)Gross amount paid as remuneration to personsgetting Rs. 200/-and morebut less than Rs. 400/-including deductions under section 7 (2) ............ of which the amount due to profit sharing bonus is ............and that due to money value of concessions is ........ 4. Total wages paid includingdeductions under section 7(2) on the following accounts: Persons receiving less thanRs. 200/- Persons receiving Rs. 200/-and more but less than Rs. 400/- a) Basic Wages including overtime wages and non-profit sharing bonus. b)Dearness and other allowances in cash. c)Arrears of pay in respect of previous year paid during the year. Delegated Laws of Goa GDDPayment ofWages Rules,1964 Number of cases and amount realised as: Persons receiving less than Rs. 200/- Persons receiving Rs. 200/-and more but less than Rs. 400/- No. of Cases Amount No. of Cases Amount a)Fines b)Deductions for damage or loss c)Deductionsfor breach of contract 6. Disbursement from the fine fund Purpose Amount a) b) c) d) 7. Balance of fines fund in hand at the end of the year .... Signature.......................... Designation ....................... * This is the aggregate number of attendances during the year $ The average daily number of persons employed during the year is obtained by dividing the aggregate number of attendances duringthe year by the number of working days. £ Money value of concessions should be obtained by taking the difference of the cost price paid by the employer and the actual price paid by the employees for supplies of essential commodities given free or at concessional rates. ______ FORM V Abstract of the payment of wages Act,1936, and the Rules made thereunderTo whom the Act Applies 1. The Act applies to the payment of wages to persons in the establishment receiving less than Rs. 400 a month. 2. No employedpersons can give up by contract, or agreement,his rights under the Act. Definition of wages 3. “Wages” means all remuneration payable to an employed person on fulfillment of his contract of employment. It includes bonus or any remuneration if payable interms of asettlement or an award, any remuneration for overtime work, or for holidays or leave period and any sum payable for want of a proper notice of discharge. It excludes- (a)the value of house accommodation, supply of light, water, medical attendance, or other amenity or of any service excluded by the State Government; (b)the employer's contribution to a pension or provident fund; (c)travelling al1owance or concession or other special expenses entailed by the employment; (d)any gratuity payable on discharge. Responsibility for and method of payment 4. The manager of the factory is responsible for the payment under the Act of Wages to persons employed under him, and any contractor employing persons is responsible for payment to the persons he employs and in the 467 Delegated Laws of Goa GDDPayment ofWages Rules,1964 case of an industrial establishment the person responsible, if any, and employer are jointly and severally responsiblefor such payment. 5.Wage-periodsshall be fixed for the payment of wages at intervals not exceeding one month. 6. Wages shall be paid on a working day within 7 days of the end of the wage period (or within 10 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 deductions 8. No deductions shall be made from wages except those authorized under the Act (See paragraphs 9-15 below). 9. (1) Fines can be imposed only for such acts and omissions as the employer may, with the previous approval of the Labour Commissioner, specify by a notice displayed at or near the main entrance of the establishment and after giving the employed person an opportunity for explanation. ( 2) Fines- (a)shall not exceed three nayepaise in the rupee; (b)shall not be recovered by installments, or later than sixty days of the date of imposition; (c) shall be recorded in a register and applied to such purposes beneficial to the employed persons as are approved by the Labour Commissioner; (d)shall not beimposed on a child. 10. (a)Deductions 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 should have been at work. (b) If ten or more employed persons, acting in concert, absent themselves without reasonable cause, and without due notice, the deduction for absence can include Wages for eight days in lieu of notice, but- (1) no deduction for breaking a contract can be made from a person under 15 or a woman; (2) there must be a provision in writing which forms part of the contract of employment, requiring that a specific period of notice of intention to cease work not exceeding 15 days or the period of notice which the employer has to giveto discharge a worker, must be given to the employer and that wages may be deducted in lieu of such notice; (3) the above provision must be displayed at or near the main entrance of the factory, or industrial establishment; (4) no deduction of this nature can be made until a notice that this deduction is to be made has been posted at or near the main entrance of the factory or industrial establishment; (5) no deduction must exceed the wages of the employed person for the period bywhich the notice he gives of leaving employment, isless than the notice he should give under his contract. 11. Deductions can be made for damage toor 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 bemade only after giving the employed person an opportunity for explanation. 12. Deductions can be made, equivalent to the value thereof, for house accommodation, amenities or services (other than tools and raw material) supplied by the employer, providedthese are accepted by the employed person 468 Delegated Laws of Goa GDDPayment ofWages Rules,1964 as a part of the terms of his employment and have in the case of amenities and services authorized by order of Government. 13. (a)Deductions can be made for the recovery of advances, or for adjustment ofoverpaymentof wages. (b)Advances made before the employment began can only be recovered from the first payment of wages for a complete wage period but no recovery can be made of advances given for travellingexpensesbefore employment began. (c) Advances ofunearned wages can be made at the pay master’s discretion during employment but must not exceed the amount of four months’wages without the permission of an Inspector. These advances canbe recovered by installments, spread over not more than 18 months and the installments must not exceed one–fourth of the wages for any wage-period. 14. Deductions can be madeforsubscription to and for repayment of advances from any recognized provident fund. 15. Deductions can be made for payment to co-operative societies approved by the State Government or to the postal insurance, subject to any conditions imposed by the State Government. Inspections 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 the purposes of the Act. Complaints of deductions or delays 17. (1) Where irregular deductions are made from wages, or delays in payment take place, an employed person can make an application in the prescribed form within six months to the Authority appointed by the State Government for the purpose. An application delayed beyond this period may be rejected unless sufficient cause for the delay is shown. (2) An Inspector under the Act or any legal practitioner, or when authorised in writing bytheemployed person any official of a registered trade union, or withthe permissionof the authority, any other person can also apply to the Authority for a direction under section 15(3) on behalf of an employed person. In case an employed person is dead,his legal representative can also make an application for a similar direction. (3)A singleapplication may be presented by, or on behalf of, any numberof persons belonging to the same factory or industrial establishment the payment of whose wages has been delayed. Action by the Authority 18. The Authority may award compensation to the employed person in addition to ordering the payment or delayed wages or the refund of illegal deductions. It may also direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application. If a malicious or vexatious 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 againstthe Authority 19. An appeal against a direction made by the Authority may be preferred, within 30 days, to the District Court :- (a) By the paymaster if the total amount directedto be paid exceeds Rs.300/-; (b) by an employed person or anylegal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under the Act or any other person authorised byanauthority to make an application under sub-section (2) of section 15 and in the case of death of the employed person, his legal representative, if the total amount of wages withheld from him or his co-workers, exceeds Rs.50/- 469 Delegated Laws of Goa GDDPayment ofWages Rules,1964 (c) by a person directed to pay a penalty for a malicious or vexatious application. Punishment for breaches of the Act 20. Any onedelaying the payment of wages beyond the due date, or making any unauthorised deduction form wages is liable to a fine up to Rs.500/-but only if prosecuted with the sanction of the Authority or the appellate Court. 21. The paymaster who– (1) does not fix a wage-period , or (2) makes payments in kind, or (3) fails to display at or near the main entrance of the establishment this abstract in English and in the language of the majority of the employed persons, or (4) who contravenes any of the rules made under thisAct, is liable toa fine which may extend up to Rs. 200/- A complaint to this effect can be made only by the Inspector, or with his sanction. By order and in the name of the Administrator of the Union Territory of Goa, Daman and Diu. A.F.Couto,Secretary, Industries and Labour Department. Panjim, 16th June, 1964. 470 Government of Goa, Daman and Diu Notification In exercise of the powers conferred by section 3 clause 2 of the Goa, Daman and Diu (Laws) Regulation, 1962, the Lieutenant Governor of Goa, Daman and Diu hereby appoints the 15th day of August, 1963, as the date on which the provisions of the Workmen’s Compensation Act, 1923 and the Payment of Wages Act, 1936 shall come into force throughout the Union Territory of Goa, Daman and Diu. The Lieutenant Governor T. Sivasankar Panjim, 15thAugust, 1963. (Published in the Official Gazette Series I No. 33 dated 22-8-1963)