THE PAYMENT OF WAGES ACT, 1936

1936 · State unknown · central · act_text

Sections (206)

22A · Protection of action taken in good faith.

25A · Payment of undisbursed wages in cases of death of employed person.

1 · . Short title, extent, commencement and application . — (1) This Act may be called the Payment of Wages Act, 1936.

3 · [(2)It extends to the whole of India 4 ***].

12 · [Provided that in relation to any such establishment owned by the Central Government no such notification shall be issued except with the concurrence of that Government.]

13 · [(6) This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed 14 [twenty four thousand rupees] per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification in the Official Gazette, specify.]

2 · . Definitions . — In this Act, unless there is anything repugnant in the subject or context,—

15 · [(i) " appropriate Government " means, in relation to railways, air transport services, mines and oilfields, the Central Government and, in relation to all other cases, the State Government;]

1 · The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule.

2 · Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982).

3 · Subs. by the A.O. 1950, for sub-section (2).

4 · The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).

5 · 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626.

6 · Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982).

7 · Ins. by s. 3, ibid. (w.e.f. 15-10-1982).

8 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

9 · Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)

10 · Subs. by Act 38 of 1982, s. 3, for "any industrial establishment or in any class or group of industrial establishments" (w.e.f. 15-10-1982).

11 · Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).

12 · Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982).

13 · Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005).

14 · Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii).

15 · Ins. by s. 4, ibid. (w.e.f. 9-11-2005).

1 · [ 2 [(ia)] " employed person " includes the legal representative of a deceased employed person;

2 · [(ib)] " employer " includes the legal representative of a deceased employer;

2 · [(ic)] " factory " means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) , and includes any place to which the provisions of that Act have been applied under sub -section (1) of section 85 thereof;]

4 · [(a) tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward;

5 · [(c) inland vessel, mechanically propelled;]

6 · [(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on;]

7 · [(h) any other establishment or class of establishment which 8 [appropriate Government] may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;]

9 · [(iia) " mine " has the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);]

10 · [(iii) " plantation " has the meaning assigned to it in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);]

11 · [(v) " railway administration " has the meaning assigned to it in clause (32) of section 2 of the Railways Act, 1989(24 of 1989);]

1 · Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).

2 · Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).

3 · Subs. by Act 38 of 1982, s. 4, for ‘ “industrial establishment” means’ (w.e.f. 15-10-1982).

4 · Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).

5 · Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)

6 · Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)

7 · Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).

8 · Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).

9 · Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).

10 · Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).

11 · Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).

1 · [(vi) " wages " means all remuneration (whether by way of salary, allowances, or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes—

1 · Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)

2 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

1 · [3. Responsibility for payment of wages . — (1) Every employer shall be responsible for the payment of all wages required to be paid under this Act to persons employed by him and in case of persons employed,—

1 · Subs. by Act 41 of 2005, s. 5, for section 3 (w.e.f. 9-11-2005).

4 · . Fixation of wage-periods . — (1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage-periods) in respect of which such wages shall be payable.

5 · . Time of payment of wages . — (1) The wages of every person employed upon or in—

2 · [Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.]

2 · [Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.]

4 · [Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.]

7 · [6 . Wages to be paid in current coin or currency notesor by cheque or crediting in bank account . —A —All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee:

1 · Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982).

2 · Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).

3 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

4 · Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).

5 · Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).

6 · Subs. by Act 53 of 1964, s. 5, for “All payments” (w.e.f. 1-2-1965).

7 · Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).

7 · . Deductions which may be made from wages . — (1) Notwithstanding the provisions of 1 [the Railways Act, 1989 (24 of 1989)], the wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this Act.

2 · [Explanation I].-Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages.

3 · [Explanation II.-Any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely:—

5 · [(d) deductions for house-accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidizing house-accommodation which may be specified in this behalf by 5 [appropriate Government] by notification in the Official Gazette;]

9 · [(f) deductions for recovery of advances of whatever nature (including advances for travelling allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of overpayments of wages;

1 · Subs. by Act 41 of 2005, s. 6, for "sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)" (w.e.f. 9-11-2005).

2 · Explanation renumbered as Explanation I thereof by Act 68 of 1957, s. 5 (w.e.f. 1-4-1958).

3 · Ins. by s. 5, ibid. (w.e.f. 1-4-1958).

4 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

5 · Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).

6 · The words "Governor -General in Council or" omitted by the A.O. 1937.

7 · Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).

8 · Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974).

9 · Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).

4 · [(ii) deductions made with the written authorisation of—

7 · [ 7 [(k) deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase of securities of the Government of India or of any 1 [appropriate Government] or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government.]]

8 · [(kk) deductions made, with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the Trade Union Act, 1926 (16 of 1926), for the welfare of the employed persons or the members of their families, or both, and approved by 1 [appropriate Government] or any officer specified by it in this behalf, during the continuance of such approval;

9 · [(l) deductions for payment of insurance premia on Fidelity Guarantee Bonds;

1 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

2 · Subs. by s. 6, ibid., for “in section 58A of the Indian Income-tax Act, 1922” (w.e.f. 9-11-2005).

3 · The word “and” omitted by Ordinance 3 of 1940, s. 2.

4 · Ins. by Act 42 of 1971, s. 6 (w.e.f. 4-12-1971).

5 · Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).

6 · Added by Ordinance 3 of 1940, s. 2

7 · Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).

8 · Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).

9 · Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).

1 · [(p) deductions, made with the written authorisation of the employed person, for contribution to the Prime Minister ' s National Relief Fund or to such other Fund as the Central Government may, by notification in the Official Gazette, specify;]

2 · [(q) deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees.]

3 · [(3) Notwithstanding anything contained in this Act, the total amount of deductions which may be made under sub -section (2) in any wage-period from the wages of any employed person shall not exceed—

1 · Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).

2 · Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).

3 · Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).

4 · Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).

8 · . Fines . — (1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of 1 [appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2).

1 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

2 · Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).

3 · Subs. by Act 41 of 2005, s. 7, for “sixty days” (w.e.f. 9-11-2005).

4 · Subs. by Act 38 of 1982, s. 8, for “industrial establishment” (w.e.f. 15-10-1982).

9 · Deductions for absence from duty . — (1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work.

2 · [Explanation . — For the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work.]

10 · Deductionsfor damage or loss . — 3 [(1) A deduction under clause (c) or clause (o) of subsection (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person.

11 · . Deductions for services rendered . —A —A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and, in the case of a deduction under the said clause (e), shall be subject to such conditions as 4 *** 5 [appropriate Government] may impose.

12 · Deductions for recovery of advances . — Deductions under clause (f) of sub-section (2) of section 7 shall be subject to the following conditions, namely:—

6 · [(aa) recovery of an advance of money given after employment began shall be subject to such conditions as 1 [appropriate Government] may impose;]

1 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

2 · Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).

3 · Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).

4 · The words "the Governor -General in Council or" omitted by the A.O. 1937.

5 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

6 · Ins. by Act 53 of 1964, s. 8 (w.e.f. 1-2-1965).

1 · [12A. Deductions for recovery of loans . — Deductions for recovery of loans granted under clause (fff) of sub -section (2) of section 7 shall be subject to any rules made by 2 [appropriate Government] regulating the extent to which such loans may be granted and the rate of interest payable thereon.]

13 · . Deductions for payments to co-operative societies and insurance schemes . — Deductions under clause (j) 3 [and clause (k)] of sub-section (2) of section 7 shall be subject to such conditions as 2 2 [appropriate Government] may impose.

4 · [13A. Maintenance of registers and records . — (1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.

14 · Inspectors . — (1) An Inspector of Factories appointed under 5 [sub-section (1) of section 8 of the Factories Act, 1948 (63 of 1948)], shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him.

7 · [(4) An Inspector may,—

1 · Ins. by Act 53 of 1964, s. 9 (w.e.f. 1-2-1965).

2 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005)

3 · Ins. by Ordinance 3 of 1940, s. 3.

4 · Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).

5 · Subs. by Act 68 of 1957, s. 6, for “sub-section (1) of section 10 of the Factories Act, 1934” (w.e.f. 1-4-1958).

6 · Subs. by Act 38 of 1982, s. 9, for “industrial establishments” (w.e.f. 15-10-1982).

7 · Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).

4 · [14A. Facilities to be afforded to Inspectors . — Every employer shall afford an Inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this Act.]

15 · . Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims . — 5 [(1) The appropriate Government may, by notification in the Official Gazette, appoint—

1 · Subs. by Act 38 of 1982, s. 9, for “industrial establishment” (w.e.f. 15-10-1982).

2 · Subs. by s. 9, ibid., for “Code of Criminal Procedure, 1898” (w.e.f. 15-10-1982).

3 · Subs. by s. 9, ibid., for “section 98” (w.e.f. 15-10-1982).

4 · Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).

5 · Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).

2 · [(3) When any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further enquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees:

3 · [(4) If the authority hearing an application under this section is satisfied—

1 · Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).

2 · Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).

3 · Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).

4 · Subs. by Act 41 of 2005, s. 8, for “not exceeding fifty rupees” (w.e.f. 9-11-2005).

5 · . Subs. by s. 3, ibid., for "the State Government" (w.e.f. 9-11-2005).

16 · . Single application in respect of claims from unpaid group . — (1) Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if 1 [deductions have been made from their wages in contravention of this Act for the same cause and during the same wage period or periods or if] their wages for the same wage-period or periods have remained unpaid after the day fixed by section 5.

17 · . Appeal . — (1) 3 [An appeal against an order dismissing either wholly or in part an application made under sub -section (2) of section 15, or against a direction made under sub-section (3) or sub-section (4) of that section] may be preferred, within thirty days of the date on which 4 [the order or direction] was made, in a Presidency-town 5 *** before the Court of Small Causes and elsewhere before the District Court —

7 · [(b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or]

1 · Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).

2 · Subs. by s. 14, ibid., for "the maximum compensation that may be awarded under sub-section (3) of section 15 shall be ten rupees per head" (w.e.f. 1-2-1965).

3 · Subs. by Act 68 of 1957, s. 7, for "An appeal against a direction made under sub-section (3) or sub-section (4) of section 15" (w.e.f. 1-4-1958).

4 · Subs. by s. 7,ibid., for “the direction” (w.e.f. 1-4-1958).

5 · The words “or in Rangoon” omitted by the A.O. 1937.

6 · Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).

7 · Subs. by s.15, ibid ., for clause (b) (w.e.f. 1-2-1965).

1 · [(1A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.]

2 · [(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an application made under sub -section (2) of section 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final.]

3 · [(3) Where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-section (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it.

1 · Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).

2 · Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).

3 · Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).

1 · [17A. Conditional attachment of property of employer or other person responsible for payment of wages . — (1) Where at any time after an application has been made under sub-section (2) of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 2 [any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other person permitted by the authority to make an application under sub -section (2) of section 15] the Court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction.

1 · Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).

2 · Subs. by Act 53 of 1964, s. 16, for "any official of a registered trade union authorised in writing to act on his behalf"" (w.e.f. 1-2-1965).

18 · . Powers of authorities appointed under section 15 . — Every authority appointed under sub-section (1) of section 15 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court of all the purposes of section 195 and of 1 [Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)].

20 · . Penalty for offences under the Act . — (1) Whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, 2 [section5 except sub-section (4) thereof, section 7, section 8 except sub-section(8) thereof, section 9, section 10 except sub-section (2) thereof, and sections11 to 13], both inclusive, shall be punishable 3 [with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees].

6 · [(2A) Whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thousand rupees.]

7 · [(3)Whoever being required under this Act to maintain any records or registers or to furnish any information or return —

1 · Subs. by Act 38 of 1982, s. 10, for “Chapter XXVI of the Code of Criminal Procedure, 1973” (w.e.f. 15-10-1982).

2 · Subs. by Act 53 of 1964, s. 18, for “section 5 and sections 7 to 13” (w.e.f. 1-2-1965).

3 · Subs. by Act 41 of 2005, s. 9, for "with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees" (w.e.f. 9-11-2005).

4 · Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).

5 · Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005).

6 · Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).

7 · Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).

21 · Procedure in trial of offences . — (1) No Court shall take cognizance of a complaint against any person for an offence under sub-section (1) of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 has been granted wholly or in part and the authority empowered under the latter section or the appellate Court granting such application has sanctioned the making of the complaint.

1 · Subs. by Act 38 of 1982, s. 11, for “industrial establishment” (w.e.f. 15-10-1982).

2 · Subs. by Act 41 of 2005, s. 9, for "with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees" (w.e.f. 9-11-2005).

3 · Subs. by Act 41 of 2005 , s. 9, for "with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees" (w.e.f. 9-11-2005).

4 · Subs. by s. 9, ibid., for “one hundred rupees” (w.e.f. 9-11-2005).

1 · [(3A) No Court shall take cognizance of any offence punishable under sub-section (3) or sub-section (4) of section 20 except on a complaint made by or with the sanction of an Inspector under this Act.]

22 · Bar of Suits . —N —No Court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed—

1 · Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).

1 · [22A. Protection of action taken in good faith . —N —No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done under this Act.]

23 · . Contracting out . — Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.

2 · [24. Delegation of powers . — The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be also exercisable—

25 · Display by notice of abstracts of the Act . — The person responsible for the payment of wages to persons 3 [employed in a factory or an industrial or other establishment] shall cause to be 4 [displayed in such factory or industrial or other establishment] a notice containing such abstracts of this Act and of the rules made thereunder in English and in the language of the majority of the persons employed 5 [in the factory or industrial or other establishment] as may be prescribed.

6 · [25A. Payment of undisbursed wages in cases of death of employed person . — (1) Subject to the other provisions of the Act, all amounts payable to an employed person as wages shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known , —

1 · Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).

2 · Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).

3 · . Subs. by Act 38 of 1982, s. 12, for "employed in a factory" (w.e.f. 15-10-1982).

4 · Subs. by s. 12, ibid., for “displayed in such factory” (w.e.f. 15-10-1982).

5 · Subs. by s. 12, ibid., for “in the factory” (w.e.f. 15-10-1982).

6 · Ins. by s. 13, ibid. (w.e.f. 15-10-1982).

26 · Rule -making power . — (1) 1 [Appropriate Government] may make rules to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17.

4 · [(ia) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12A;

7 · [(la) prescribe the form and manner in which nominations may be made for the purposes of subsection (1) of section 25A, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other m atters connected with such nominations;

1 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

2 · The words “subject to the control of the Governor-General in Council,” omitted by the A.O. 1937.

3 · Subs. by Act 53 of 1964, s. 22, for “and prescribed the form thereof” (w.e.f. 1-2-1965).

4 · Ins. by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).

5 · The word “and” omitted by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).

6 · The word “and” omitted by Act 38 of 1982, s. 14 (w.e.f. 15-10-1982).

7 · Ins. by s. 14, ibid. (w.e.f. 15-10-1982).

1 · [(m) provide for any other matter which is to be or may be prescribed.]

1 · [(6) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3 [two or more successive sessions,] and if, before the expiry of the session 4 [immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

5 · [(7) All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature . ]

1 · Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).

2 · Subs. by s. 11, ibid., for “which may extend to two hundred rupees” (w.e.f. 9-11-2005).

3 · Subs. by Act 38 of 1982, s. 14, for “two successive sessions” (w.e.f. 15-10-1982).

4 · Subs. by s. 14, ibid., for “in which it is so laid or the session immediately following” (w.e.f. 15-10-1982).

5 · Ins. by Act 41 of 2005, s. 11 (w.e.f. 9-11-2005).

THE PAYMENT OF WAGES ACT, 1936

Sections (206)

Subordinates (0)