PAYMENT OF WAGES (FEDERAL RAILWAYS) RULES, 1938
[Published
in the Gaz. of India, Deptt. of Labour Noti. No. L‑3070 (1), 5th May,
1938.]
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 [Pakistan] [Substituted for “British India, including Berar” Gaz. of
Pakistan. Pt. I. p. 3811.].
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 31stMarch, 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
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5
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6
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7
|
8
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9
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10
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