PAYMENT OF WAGES (PROCEDURE) RULES, 1937
[Published
in the Gazette of India, under Department of Industries and Labour Notification
No. L‑3067, dated 24 February, 1937.]
[Rules made by Central
Government under Sub‑section (1) of section 26 of the Payment of Wages Act,
1936 (1 V of 1936) read with section 22 of the General Clause Act, 1897 (X of
1897) after previous publication as required by sub‑section (3) of section 26
of the Act).]
1. Short title.‑-- These rules nary be called the Payment of
Wages (Procedure) Rules, 1937.
2. Definitions.---‑ In these rates, unless there is anything
repugnant in the subject of context;‑‑‑‑
(a) "the
Act" means the Payment of Wages Act, 1936 (IV of 1935);
(b) "appeal"
means an appeal under section 17 ;
(c) "the
Authority" means the authority appointed under sub‑section (1) of section
15;
(d) "the
Court" means the Court mentioned in sub‑section (1) of section 17;
(e) "employer"
included the persons responsible spat fat payment of wages under section 3;
(f) "section"
means a section of the Act;
(g) "form"
means a form appended to these rules;
(h) word
and expressions defined ire the Act shall be deemed to have the same meaning as
in the Act.
3. Form of Application‑--- Applications under sub‑section (2) of
section 15 by or on behalf of an employed person or group of employed parsons
shall be made in duplicate in Form A, Form B or Form as the case clay be, one
copy of which shall bear such court‑fee as may be prescribed.
4. Authorisation.‑‑‑ The authorization to act on behalf of an
employed person or persons, under section 15 shall be given by a certificate in
Form ‘D’ shall be presented to the Authority hearing the application anal shall
form part of the record.
5. Permission to appear:
--- Any person
desiring the permission of the Authority to act on behalf of any employed
person or persons shall present to the Authority a brief written statement
explaining his interest in the matter and the Authority shall record an order
on the statement, which in the case of refusal shall include reasons for the
order, said shall incorporate it in the record.
6. Presentation of
documents.‑--- (1) Applications or
other documents relevant to an application may be presented in person to the
Authority at any time during hours to be fixed by the Authority, or may be sent
to him by registered post.
(2) The Authority shall at once endorse, or
cause to be endorsed, on each document the date of the presentation or receipt,
as the case may be.
7. Refusal to entertain
application.‑-- (1) The Authority may
refuse to entertain an application presented under rule 6, if after giving the
applicant an opportunity of being heard, the Authority is satisfied, for
reasons to be recorded in writing that
(a) the
application is not entitled to present an application, or
(b) the application
if barred by reason of the provisions in the provisos to sub‑section (2) of
section 15, or
(c) the
applicant shows no sufficient cause for making a direction under section 15.
(2) The Authority may refuse to entertain an
application which is insufficiently stamped or is otherwise incomplete and; if
he so refuses, shall return it at once with an indication of the defects. If
the application is presented again after the defects have been made good, the
date of representation shall be deemed to be the date of presentation for the
purposes of the provisos to sub‑section (9) of section 15.
8. Appearance of
parties.‑--- (1) If the
application is entertained the Authority shall call upon the employer by a
notice in Form E to appear before him on a specified dated together with all
relevant documents and witnesses, if any, and shall inform the applicant of the
date so specified.
(2) If the employer or his representative fails
to appear on the specified date, the Authority may proceed to hear and
determine the application ex pare.
(3) If the applicant fails to appear on the
specified date, the Authority may dismiss the application:
Provided that an order passed under sub‑rule (2)
or sub‑rule (3) may be set aside and the application reheard on good cause,
being shown within one month of the date of the said order, notice being served
on the opposite party of the date fixed for rehearing.
9. Record of
Proceedings.‑-- (1) The Authority
shall in all cases enter the particulars indicated in Form F and at the time of
passing orders shall sign and date the Form.
(2) In a case where no
appeal lies, no further record shall be necessary.
(3) In a case where an
appeal lies, the Authority shall record the substance of the evidence and
shall append it under his signature to the record of direction in Form F.
10. Signature on forms.‑--- Any form, other than a Record of Direction
which is required by these rules to be signed by the Authority, may be signed
under his direction and on his behalf by any officer subordinate to him
appointed by him in writing for this purpose.
11. Exercise of powers.‑--- In exercising the powers of a Civil Court
conferral by section 18 the Authority shall h.: guided in respect of procedure
by the relevant orders of the first Schedule of the Code of Civil Procedure,
1908, with such alteration as the Authority may find necessary, not affecting
their substance, for adapting them to the matter before him, and save where
they conflict with the express provisions of the Act or these rules.
12 Appeals.‑--- (1) An appeal shall be preferred in duplicate in
the form of a memorandum, ore copy of which shall bear the prescribed court
fee, setting forth concisely the grounds of objection to the direction and
shall be accompanied by certified copy of that direction.
(2) When all appeal is
lodged a notice shall issue to the respondent in Form G.
(3) The Court after
hearing the parties and after such further inquiry, if any, as it may deem
necessary, may confirm, vary, or set aside the direction from which the appeal
is preferred, and shall make an order accordingly.
13. Inspection of
documents.‑-- Any employed person,
or any employer or his representative, or any person permitted under subsection
(L) of section 15 to apply for a direction, shall be entitled to inspect any,
application, memorandum of appeal, or any other document filed with the
Authority or the Court as the ease may be, in case to which he is a party, and
may obtain copies thereof on the payment of such fees as may be prescribed.
FORM A
Form of Individual Application.
[See
sub‑section (2) of section 15 of the Payment of Wages Act.]
In the Court of the
Authority appointed under the Payment of Wages Act, (IV of 1936) for
..................................................area,
Application
No………………………………….. of 19.
Between A. B. C.
..............................................................................
Applicant
(through
.....................................................................................................................
a legal practitioner,
................................................................................................................................................
an official of
.....................................................................................................................
which is a registered
trade union)
Add X. Y. Z.
.................................................................................................
opposite party.
The applicant states as
follows:
in
A. B. C. is a person
employed in/on the
Factory
..............................................................................
Railway
..............................................................................
entitled.
Industrial
establishment.
and residential
The address of the
applicant for the service of all notices and processes is
2. X. Y. Z. the opposite
party, is the person responsible for the payment of his wages under section 3
of the Act, and his address for the service of all notices and processes is:
3. The applicant's wages
have not been paid for the following wage period (s) (give dates)
Or a sum of Rs.
..............................................................................
has beets unlawfully deducted from his wages of
...............................................................................
(amount) for the wage‑period (s) which ended on [give dates(s)].
(2) Here give any
further claim or explanation explanation].
4. The applicant
estimates the value of .the relief sought by him at the sum of rupees …...
5. The applicant prays
that a direction may be issued under stab‑section (3) of sac‑Son 15 for: ---
(a) Payment
of his delayed wages as estimated car such greater or lesser amount as the
authority may find to be due,
(b) Compensation
amounting to
The applicant certifies
that the statement of facts contained in this application is to the best of his
knowledge and belief accurate.
Signature or thumb impression of the employed
person or legal practitioner or official of a registered trade union duly
author lied.
FORM B
Form of Group Application
[See
sub‑section (2) of section 15 and section 16 of the Payment of Wages Act.]
In the Court of the
Authority appointed under the Payment of Wages Act (IV of 1936)
for………………………………………………………………………area
Application
No………………………………. of 19
Between A. B. C. and
(state the number) ………………………………………… others.
Applicant;
a legal Practitioner,
through
……………………………………………………………..…………………
an official
……………………………………………………………..
which is registered trade union.
And X.Y.
…………………………………………………………….….. opposite party.
The applicants state as
follows‑‑
1. The applicants whose
nacres appear in the attached schedule are persons in factory employed—the
railway entitled.
on industrial
establishment
The address of the
applicants for service of all notices and processes is: -----
2. X. Y. Z. the opposite
party, is the person responsible for the payment of wages under section 3 of
the Act, and his act a re 5: fur the service of all notices and processes is: ‑‑
3. The applicants wages
have not been paia for the following wage period (s): ---
4. The applicants
estimate the value of the relief sought by them at the sum of rupees
....................
5. The applicants pray
that a direction tray be issued under sub‑section (3) of section 15 for‑
(a) Payment of the
applicants' delayed wages as estimated ……………………………….. …………………………..or such
greater or lesser amount as the Authority may find to be due.
(b) Compensation
amounting to …………………………………………………………..
The applicants certify
that the statement of facts contained in this application is to the best of
their knowledge and belief accurate.
Signature or thumb impression of two of the
applicants, or legal practitioner, or an official of a registered trade union
duly authorized.
SCHEDULE
Name of applicants: ‑‑
1.
2.
3.
4,
FORM C
Form of Application by an Inspector or Person permitted
by the Authority or authorized to act
[See
sub‑section (2) of section 15 and section 16 of the Payment of Wages Act]
In the Court of the
Authority appointed tinder the Payment of Wages Act, for ……………………. area.
Application No
……………………………… of 19.
between
A. B. C.
[(designation)] an
inspector under the
Permitted
by the authority
Payment of Wages Act] or
person ---------------------------------- to act under
authorised
sub‑section (2) of
section
15] ................................................................
applicant.
And
X. Y. Z
.......................................................................................... the
opposite party.
The applicant states as
follows: ‑‑
1. X. Y. Z., the
opposite party is the person responsible under the Act for the payment of wages
to the following person (s): ‑‑‑
1.
2.
3.
2. His address for the
service of all notices and processes is:
3. The wages of the said
person (s) due in respect of the following wage have not been paid
period
(s)------------------------------------------------------
have been subjected to
the following illegal deductions: ----‑
4. The applicant
estimates the value of the relief sought for the person (s) employed at the sum
of Rs…………………........
5. The Applicant Frays
that a direction may be issued under sub‑section (3) of section 15 for: ‑‑‑
(a) Payment
of the delayed wages as estimated or such greater or lesser amount as the
Authority may find to be due.
Or Refund
of the amount illegally deducted.
(b) Compensation
amounting to ...........
The applicant certifies
the statement of facts contained in this application is to the best of his
knowledge and belief accurate.
Signature.
FORM D
Certificate of Authorization
a legal practitioner
I /
We employed person (s) hereby authorize -----------------‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
an
official of
my
which
is a registered trade union to act on‑ my / our
behalf under section 15,
and section 17 of the Payment of Wage Act (IV of 1936) in respect of the claim
against ………………………………………………….. on account
| delay
in payment
of | my
the | illegal
deductions
from | ‑‑‑ Wages
| | our
for ....................
Witness (1) Signature (1)
(2) (2)
(3) (3)
(4) (4)
Legal practitioner
-----------------------------------
Official of a registered
trade union.
FORM E
Notice for Disposal of Application
To
Whereas under, the
payment, of Wages Act, 1935 (IV of 1935) a claim against you has been presented
to me in the application of which a copy is enclosed, you are hereby called
upon to appear before me either is person, or by any person duly instructed and
able to answer all material questions relating to the application or who shall
be accompanied by some person able to answer all such questions, on the
....................... ..................... day of .................................
19 at ............... o'clock
in the fore / after noon
to answer the claim; and as the day fixed for your appearance is appointed .for
the final disposal of the application, you must be prepared to produce on that
day all the witnesses upon whose evidence, and the documents, upon which you
intend to rely in support of your defence.
Take notice that, in
default of your appearance on the day before mentioned, the application will
be heard and determined in your absence,
Given under my hand and
seal, this, day of ………………………………. 19
Seal. Authority.
FORM F
Record of Direction
(1) Serial number
……………………………………….……………………………….
(2) Date of the
application ……………………………………………………………….
(3) Name or names,
parentage, address or addresses of the applicants, car some or all of the
applicants belonging to the same unpaid group: ---
(4) Name
and address of the employer: ‑‑
(5) Amount
claimed: --‑‑
(a)
as delayed wages: Rs……………………….
(b)
as deducted from wages: Rs……………………….
(6) Plea
of the employer and his examination (if any): ---‑
(7) Finding,
and, in the case of a direction under sub‑section (3) or (4) of section 15, a
brief statement of the reasons therefore: ----
(8) Amounts
awarded‑
(a) Delayed wages
......................
(b) Deducted wages
....................
(9) Compensation
awarded ..............
(10) Panalty
imposed ........................
(11) Post
awarded to‑
(i) Court‑fee charges ........................
(ii)
Pleader's fee ...............................
(iii) Witnesses expenses ....................
Signed ........................................
Dated ........................................
Note: ‑-- In cases where an appeal lies attach on a
separate sheet substance of the evidence.
FORM G
Notice
to respondent of the day fixed for the herring of the appeal
under
Section 17 of the Payment of Wages Act, 1936
Appeal from the decision
of the Authority for the
........................................................... area, dated the
............................................................ day
of ..........................................
19.
To Respondent.
Take notice that an
appeal of which copy is enclosed, from the decision of the Authority for
........................................ area has been presented by X. Y. Z.
(and others), and registered in this Court, and that the
........................................ day of ....................19; has
been fixed by this Court for the hearing of the appeal.
If no appearance is made
on your behalf by yourself, or by some one by law authorized to act for you in
this appeal, it will be heard and decided in your absence.
Given under my hand and
the seal of the Court, this ............................................................
.......................day of .................................................
19
Seal of
the Judge.
Court.
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