Updated: Tuesday May 06, 2014/AthThulatha
Rajab 07, 1435/Mangalavara
Vaisakha 16, 1936, at 12:18:52 PM
The Payment of Wages (Federal Railways) Rules, 1938
[Published in the Gaz. of
1. Title. [Inserted by Noti. L-1785 (2), dt. the 27th
Nov. 1941, see Gazette of India, 1941, Pt. I. 1746.] [extent] and
application.--(1) These rules may be called the Payment of Wages (Federal
Railways) Rules, 1938.
(2) These rules apply in respect of the payment of
wages to persons employed upon any federal railway (including factories) by or
under a Railway administration or by a contractor employing on the average 20
or more persons daily in any one month in the preceding 12 months.
[Inserted by Noti. L-1785 (2), dt. the 27th Nov. 1941,
see Gazette of India, 1941, Pt. I. 1746.] [(3) These rules extend to the whole
of [
2. Definitions.--- In these rules, unless there is
anything repugnant in the subject or context,---
(a) “the Act” means the Payment
of Wages Act (IV of 1936);
(b) “the Authority” means the
authority appointed under sub-section (1) of section 16 of the Act ;
(c) “the Court” means the court
mentioned in sub-section (1) of Section 17 of the Act;
(d) “deduction for breach of
contract” means a deduction made in accordance with the provisions of the
proviso to sub-section (2) of section 9;
(e) “deduction for damage
or loss” means a deduction made in. accordance with the proviso of clause (c)
of sub-section (2) of section 7;
(f) “Federal
Railway” has the same meaning ac in the Government of India Act, 1935;
(g) “Form” means a form
appended to these rules;
(h) “Inspector” means an
inspector authorized by or under section 14 of the Act;
(i) “person employed”
does not include any person to the payment of whose wager the Act does not
apply,---
(j) “section” means a
section of the Act;
(k) “paymaster” means the
railway administration or other person or persons who may be nominated as such
by the Railway Administration under clause (c) of section 3, and in the case of
a person employed by a contractor, the contractor;
(l) [Substituted by Noti.
No. L‑3070 (3), dated the 16th May, 1940, see Gazette of India, 1940, Pt
I, p. 759.] [“the supervisor” means the officer called “Conciliation Officer
(Railways) and Supervisor of Railway Labour appointed by the [Subs. for “Central
Government” by P.O. 4 of 1975. Art. 2 (3).] [Federal Government.]
(m) “contractor” means a person
fulfilling, either directly or through a sub-contractor, a contract with a '
Railway Administration;
(n) “employer” means the
Railway Administration, and in the case of persons employed by a contractor,
the contractor;
(o) words and expressions
defined in the Act shall be deemed to have the same meaning as in the Act.
3. Register of Fines.-- (1) On any railway where the
employer has obtained approval under sub-section (1) of section 8 to a list of
acts and omissions in respect of which fines may be imposed, the paymaster
shall maintain a Register of Fines in Form 1.
(2) At the beginning of the Register of Fines there
shall be entered, serially numbered, the approved purpose or purposes on which
the fines realized are to be expended.
(3) When any disbursements are made from the fines realized,
a deduct entry of the amount so expended shall be made in the Register of
Fines, and a voucher or receipt in respect of the amount shall be affixed to
the Register. If more than one purpose has been approved the entry of the
disbursement shall also indicate the purpose for which it is made.
4. Register of deductions for damage or loss.--- On
every railway in which deductions for damage or loss are made the paymaster
shall maintain the Register required by subsection (2) of section 10 in Form
II.
5. Register of Wages.--- A Register of Wages shall be
maintained by every employer and may be kept in such form as the paymaster
finds convenient but shall include the following particulars:
(a) the gross wages of each person employed
for each wage-period;
(b) all deductions made from those wages,
with an indication, in each case, 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 and the date of payment.
6. Maintenance of Registers.-- The registers required
by rules 3, 4 and 5 shall be preserved for twelvemonths after the date of the
last entry trade in there.
The registers shall normally be maintained in English
but where they are maintained in any other language than English, a true
translation thereof in English shall be available.
7. Places for displaying notices.--The Supervisor
shall specify such place or places on the railway, other than factories, as he
thinks fit (hereinafter referred to as “specified place” or “specified places”)
for the display of notices, lists and rules 8, 12 and 16.
8. Notice of dates of payment.--- The paymaster shall
display, in a conspicuous place at or near the main entrance of every factory
in his jurisdiction and at the specified places, a notice, in English and in
the language of the majority of the persons employed at such factories or
places showing for not less than two months in advance, the days on which wages
are to be paid.
9. Prescribed authority.--- The Supervisor shall be
the authority competent to approve, under sub‑section (1) of section 8,
acts and omissions in respect of which fines may be imposed and, under sub-section
(9) of section 8, the purposes to which the proceeds of fines shall be applied.
(10). 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 persons shall send to the Supervisor,---
(a) a list; in English, in duplicate
clearly defining such acts and omissions;
(b) in cases where the
Railway Administration himself does not intend to be the sole authority
empowered to impose fines, a list, in duplicate, showing, by virtue of office,
such of his officers as may pass order imposing fines and the class of
establishment on which any such officer may impose fine.
11 Approval of list of acts and omissions.--- The
Supervisor may, on receipt of the list prescribed in sub‑rule (a) of rule
10, and after such enquiry as he considers necessary, pass orders in respect of
the list referred to in clause (a) of rule 10 either,---
(a) disapproving the list;
(b) approving the list either in its‑original
form or as amended by him, in which case such list shall be deemed to have been
approved under sub‑section (1) of section 8.
Provided that no order disapproving or amending the
list shall be passed unless the employer shall have been given an opportunity
of showing cause orally or in writing against such order.
12. Posting of list.--- The employer shall display at
or near the main entrance of every factory, and at the specified place or
specified places, a copy in English, together with a literal translation
thereof in the language of the majority of the persons employed at snob factory
or place, of the list of acts and omissions approved by the authority
prescribed under Rule 9.
13. Persons authorised to impose fines.--- (1) No fine
may be imposed upon a person, employed by a Railway Administration, by any
person other than “ho Railway Administration, or by a person holding an.
appointment named in the list referred to in clause (b) of rule 10.
(2) In the case of persons employed by a contractor,
no fines may be imposed by any person other titan the contractor:
Provided that a contractor who runs more than one
establishment in two or more localities and who employs not less than 50
persons in one locality, may with the approval of the Supervisor, delegate his
power to fine to his representative in that locality:
14. Procedure in imposing fines and deductions.--- (1)
No fine shall tie imposed on and no deductions made from a, person employed by
a Railway Administration except in accordance with the procedure laid down in
the rules and regulations in force on the Railway Administration, and no fine
shall be imposed or deduction trade until the employed person has beat given
err opportunity of showing cause against such imposition or deduction.
(2) No fire shall be imposed on and tm deduction for
damage or loss shall be made from the wages of a person employed by, a constructor
until the person authorized to impose the fine or make the deduction has
explained personally tar the said person the act or omissions 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 has
heard his explanation in the presence of at least one other person.
15. 1nforntation to paymaster.--- The person imposing
a fine or directing the making of deduction for damage or loss shall (unless
such person is a paymaster) at once inform the paymaster of all particulars
necessary for the corruption of the register prescribed in Rule 3 or Rule
4, as the case may be.
16. Deduction under the proviso to sub-section (2) of
section 9.--- (1) No deduction under the proviso to sub-section (2) of section
9 shall be made from the wages of an employed person who is under the age of
fifteen years or is a woman.
(2) (a) No such deduction shall be made froth the
wages of any employed person unless,---
(i) the period of this notice does not exceed fifteen
days or the wage period, whichever is less; acid
(ii) the period of this notice; does not exceed the
period of notice which the employer is required to give of the termination of
tire employment;
(b) this rule has been displayed in English and in the
language of the majority of the employed persons at or near the stain entrance
of the factory; and at the specified place or specified places concerned, 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 factory, and at the specified place or specified places
concerned giving 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 which the deduction will be remitted:
Provided that where the deduction is proposed to be
made from all the persons employed in any departments or sections or factories
of the railway, it shall be sufficient, in lieu of giving the names of the
persons in such departments, sections, or factories to specify the departments,
sections or factories affected.
(3) No such deduction shall exceed the wages of the
person employed for the period by which the notice of termination of service
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 such deduction shall be
made from any person who has complied with such conditions.
[Subs. for the original Rule vide Min. of Health &
Social Welfare Noti. S. R O. 426 (k) of 11 April 1960, Gaz. of Pak. Pt. J, 22
April 1960, p. 186.] [17. Annual Return.--- Every Railway Administration in
which during the year ending the 31st December any fines have been imposed or
any deductions for breach of contract or for damage or loss have been made from
ages, shall send a return in Form III so as to reach the Supervisor not later
than the 15th February, following the end of, the year to which it relates.]
18. Advances to persons employed by a contractor.--- (I)
An advance of wages not already earned shall not ordinarily exceed the amount
equal to two calendar months wages of the employed person. In exceptional cases
the amount of such advance may, with the previous sanction of the Supervisor,
be made to the extent of four calendar months wages.
(2) the advance may be recovered In installments by
deductions from wages spread over not more than 12 months in the case of
ordinary advance and 20 months in the case of special advance. In no case shall
the amount of installment exceed 1/4th of the wages earned in one month.
(3) The amounts of all advances sanctioned and the
repayments thereof shall be entered in a register in Form V.
19. Procedure, costs and court. fees.--- The procedure
to be followed by the authorities appointed under sub‑section (1) of
section 15 and the Courts mentioned in sub‑section (1) of section 17 of
the Act, the scales of costs which may be allowed in, and the amount of court‑fees
payable in respect of proceedings under the Act to which these rules apply
shall be such procedure, scales and amounts as are from time to time prescribed
by the Provincial Government in the exercise of its powers under the Act in
that behalf for the Authority or Court concerned.
20. Abstracts.--- The abstracts of tae Act and of the
rules made there under to be displayed under section 15 shall be in Form IV.
21. Penalties.‑-- The breach of rules 3. 4, 5,
6, .8, 12, 15 and 17 of these rules shall be punishable with fine which may
extend to two hundred rupees.
FORM
I---Register of fines
Railway
Department / Division / District / Factory
|
Serial
No. |
Name. |
Father's
name. |
Department. |
Act
or Omission for which fine imposed |
Whether
worker showed cause against fine or
not. If
so
enter
date. |
Rate
of wages |
Date
and amount of fine imposed. |
Date
on which fine realised. |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
FORM
II—Register of Deductions for Damages or Loss caused to the Employer by the
Neglect or Default of the Employed Persons
Railway
Department / Division / District / Factory
|
Serial
No. |
Name. |
Father's
name. |
Department. |
Damage
or loss caused. |
Whether
worker showed cause against deduction or not. If
so
enter
date. |
Date
and amount of deduction imposed |
Nos.
of installments if any. |
Date
on which fine realised. |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Deductions from Wages
FORM III‑Return for the year ending 31st March,
19.
1.
Name of Railway and Postal address of headquarters.
Children
2.
Total number of persons
employed
Adults
3.
Total wages paid.
4.
Number of cases and amounts realized as‑--
|
|
No.
of Cases
|
Amounts |
|
(a)
Fines
...
…
… … (b)
Deductions for damage or loss
... (c)
Deductions for breach of contract ... |
|
Rs. |
Signature
Designation
Date
19
FORM IV--- Abstract of the Payment of Wages Act, 1936,
and the Rules made there under.
1. Whom the Act affects.--- The Act applies to the
payment of wages to persons in this factory receiving less than Rs. 200 a
month.
2. No employed person can give up by contract or
agreement his rights under the Act.
3. Definition of Wages.--- ”Wages” means all
remuneration payable to an employed person on the fulfillment of his contract
of employment.
It includes bonus 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 Central Government: (b) the employer's contribution to a
pension or provident fund: (c) travelling allowance or concession or other
special expenses entailed by the employment; (d) any gratuity payable on
discharge.
4. Responsibility for arid method of payment.--- 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 employ;
5. Wage-periods shall be fixed for the payment of
wages--- at intervals not exceeding ore month.
6. Wages shall be paid on a working day within 7 days
ref 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.
8. Trines and deductions.--- No deductions shall be
made from wages except those authorized under the Act (see paragraph 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 Supervisor,
specify by a notice displayed at or near the main entrance of the factory and
after giving the employed person an opportunity for explanation.
(2) Fines.--- (a) shall not exceed half-an-anna in the
rupee; (b) shall not be recovered by installments; or later than sixty days of
the date of imposition; (b) shall be recorded in a register and applied to such
purposes beneficial to the employed persons as approved by the Supervisor; (d)
shall not be imposed 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
seduction 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 give to
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,
(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,
(5) no
deduction must exceed the wages of the employed person for the period by which
the notice he gives of leaving employment is less that the notice he should
give under his contract.
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. 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 provided these are accepted by the
employed person as a part of the terms of his employment and have in the case
of amenities and services been authorized by order of the Central Government.
13. (a) Deductions can be made for the recovery of
advances, or for adjustment of overpayment pf 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 advance given for travelling expenses before employment
began.
(c) Advances of unearned wages can be made at the
paymaster's discretion during employment.
14. Deductions can be made for subscription to and for
repayment of advances from any recognized provident fund.
15. Deduction can be made for payments to co-operative
societies approved by the Central Government or to the postal insurance,
subject to any conditions imposed by the Central Government.
16. Inspections.--- 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.
17. Complaints of deductions or delays.--- (1) Where,,
irregular-deductions are made from wages, or delay in payment takes place, an
employed person cart snake an application in the prescribed form ,within 6
months to the Authority appointed by the Provincial Government for the purpose.
An application delayed beyond this period may be rejected unless sufficient
cause for the delay is shown.
(2) Any legal practitioner, official of a registered
trade union, Inspector under the Act, or other person acting with the
permission of the Authority can make the complaint on behalf of an employed
person.
(3) A single application may be presented by, or on
behalf of, any number of persons belonging to the same factory, the payment of
whose wages has been delayed.
18. Action by the authority.--- The Authority tray
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 vexatious complaint is made, the
authority may impose a penalty not exceeding Rs. 50 on the applicant and order
that it he paid to the employer.
19. Appeal against the Authority.--- An appeal in the
prescribed form against a direction made by the Authority may be preferred
within 30 day; to the District Court‑
(a) by the paymaster, if the total amount directed to
be paid exceeds Rs. 300;
(b) by an employed person, if the total amount .of
wages withheld from him or his co-workers, exceeds Rs. 50; (c) by a person
directed to pay a penalty for a malicious or vexatious application.
20. Punishment for breaches of the Act.---Anyone
delaying the payment of wages beyond the due date, or making any un-authorized
deduction from 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 payment
in kind, or (3) fails to display at or near the main entrance of the factory
this Abstract in English and in the language of the majority of the employed
persons, or (4) breaks certain rules made under the Act, is liable to a fine
not exceeding Rs. 200.
A complaint to this effect can be made only by the
Inspector, or with his sanction.
FORM V--‑Register of advances made to employed
persons
|
Serial
No. |
Name. |
Father's
name. |
Department. |
Date
and amount of advance made. |
Purpose
(s) for which advance made. |
Number
of installments by which advance to be repaid |
Postponements
granted |
Date
on which total amount repaid. |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
West Pakistan Payment of Wages
Rules, 1960
Payment of Wages (Procedure) Rules, 1937
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| LL. B. – III | LL. B.
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