Subs. by s. 3, ibid., for "the State Government" (w.e.f. 9-11-2005). — THE PAYMENT OF WAGES ACT, 1936

5 . Subs. by s. 3, ibid., for "the State Government" (w.e.f. 9-11-2005). (4A) Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final. (4B) Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).] (5) Any Amount directed to be paid under this section may be recovered— (a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and (b) if the authority is not a Magistrate, by the Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate. STATE AMENDMENT Karnataka Amendment of section 15 . — In section 15 of the principal Act.— (1) in sub-section (2), after the word, brackets and figure "sub-section (3)", the following shall be inserted, namely:— "and in case of death of the employed person, it shall be lawful for his legal representatives to make and application for such direction"; (2) for sub-section (5), the following sub-section shall be substituted, namely:— "(5) Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890". [Vide Karnataka Act 2 of 1977, s. 5]. Insertion of new section 15A . — After section 15 of the Principal Act, the following section shall be inserted, namely:— " 15A. Liability for payment of court fees . — (1) In any proceedings under section 15, the applicant shall not be liable to pay any court fees (other than fees payable for the service of process) in respect of such proceedings: Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also. (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court fees which would have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery be recoverable as an arrear of land revenue. (3) When an appeal is preferred under section 17 by a person making an application under section 15, the provisions of sub-sections (1) and (2) shall mutatis mutandis apply with the modification that such person, not being an Inspector, shall pay court fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal." [Vide Karnataka Act 2 of 1977, s. 6]. Karnataka In section 15 for the words "Stipendiary Magistrate" the words "Judicial Magistrate" shall be substituted. [Vide Karnataka Act 13 of 1965, s. 67 and Schedule] Amendment of section 15 of Act IV of 1936. — In section 15 of the said Act, -- (a) in sub-section (1), for the words and figures beginning with the words "appoint any" and ending with the words "to be the authority", the words "appoint one or more persons to be the authority or authorities" shall be substituted; (b) after sub-section (1), insert the following sub-sections, namely:-- " (1A) A person shall not be qualified for appointment as an authority under this Act unless he is a Commissioner for Workmen's Compensation or any other officer with experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946 (XI of 1947), or as a stipendiary Judicial Magistrate. (IB) Where more than one person are appointed for any specified area as authorities under sub -section (1), the State Government may by general or special order make such arrangements as it thinks fit for the distribution of the work among the authorities so appointed."; (c) in sub-section (2).— (i) after the words "to act on his behalf the words and figures " or a representative union registered as such under the Bombay Industrial Relations act, 1946 (Bom. XI of 1947), shall be inserted; (ii) after the word, brackets and figure "sub-section (3)" the following shall be inserted, namely:-- "and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction"; (d) in sub-section (3),-- (i) for the words "refund to the employed person" the words "refund to the employed person of his legal representative, as the case may be," shall be substituted; (ii) after the words “twenty-five rupees in the latter” the following shall be inserted, namely:- "and the authority may direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer to the employed person or his legal representative before he disposal for the application " ; (iii) in the proviso, after the words "employed person", at both the places where they occur, the words "or his legal representative" shall be inserted; (e) after sub-section (5), the following shall be added, namely:- "(6) Where a question arises as to whether any person is or is not a legal representative of the decreased employed person, such question shall be determined by the authority and the decision of the authority shall be final." [Vide Bombay Act XLVIII of 1955, s. 3] Deletion of section 15 (3A) from Act IV of 1936 . — Sub -section (3-A) inserted in section 15 of the Payment of Wages Act, 1936 (IV of 1936), by section 4 (4) of the Payment of Wages (Bombay Amendment) Act, 1953(Bom LXII of 1953), shall, in its application to the Bombay area of the State of Maharashtra, be deleted therefrom. [Vide Maharashtra Act XIII of 1961, s. 3] Amendment of section 15 of Act IV of 1936 . — In section 15 of the Principal act, in sub-section (1A), for the portion beginning with the words "of a Labour Court" and ending with the words "Judicial Magistrate" the following shall be substituted, namely:- "as a stipendiary Judicial Magistrate or as Judge of a Labour Court or as judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946 (Bom. XIV of 1947), or as presiding officer of a Tribunal constituted under the Industrial Disputes, 1947 (XI of 1947) " . [Vide Maharashtra Act XIII of 1961, s. 6] Amendment of section 15 of Act IV of 1953. — In section 15 of the said act, -- (1) in sub-section (1), after the words "Civil Court" the words and figures "or of a Labour Court constituted under the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), shall be inserted; (2) in sub-section (2), in both the proviso, for the words "six months" the words "one year" shall be substituted. (3) in sub-section (3), for the words "ten rupees" the words "twenty-five rupees" shall be substituted; (4) after sub-section (3) the following shall be inserted, namely:-- "(3A) Where at any stage of an application under sub-section (2) the authority, upon report made to it and after hearing such employer or other person is satisfied that it is necessary go to do in order that the satisfaction of any direction that may be given under sub-section (3) is not delayed or defeated, the authority may order the conditional attachment of the property which may be liable for the satisfaction of such direction, unless such employer or other person either deposits with the authority an adequate sum sufficient to satisfy the claim or given security for a like amount. An attachment made under the this sub -section shall have the same effect as if made by a competent Civil Court."; (5) for sub-section (4), the following shall be substituted, namely:-- “(4) if the Authority hearing any application under this section is satisfied,-- (i) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the presenting the application ; or (ii) that, in any case in which compensation is directed to be paid under sub-section (3), the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees to also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government. " [Vide Maharashtra Act LXII of 1953, s. 4] Insertion of new section 15A in Act IV of 1953 . —A —After section 15 of the said Act, the following section shall be inserted, namely:-- " 15A. Liability for payment of court-fees.—(1) In any proceedings under section 15, the applicant shall not be liable to any court-fees (other than fees payable for service of process) in respect of such proceedings: Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also. (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court -fees which would have been payable by the applicant but for sub-section (1) and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the State Government, Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue." [Vide Maharashtra Act LXII of 1953, s. 5] Rajasthan Insertion of new section 15A, Central Act 4 of 1936.-After section 15 of the Payment of Wages Act, 1936 (Central Act 4 of 1936), hereinafter referred to as the principal Act, the following section shall be inserted, namely- "15A. Liability for payment of court-fees . -(1) In any proceedings under section 15, the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings; provided that when the application is presented by an Inspector, he shall not be liable to pay the process fees even. (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court -fees which would have been payable by the applicant, but for sub -section (1), and direct the employer or other person responsible for the payment of wages under section 3, to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. " [Vide Rajasthan Act 13 of 1970, s. 2] Amendment of section 15, Central Act 4 of 1936.- In the Payment of Wages Act, 1936 (Central Act 4 of 1936), in its application to the State of Rajasthan, in section 15, in sub-section (1), after the expression "stipendiary Magistrate", the expression "or a Vikas Adhikari appointed under the Rajasthan Panchayat Samiti And Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959)" shall be inserted. [Vide Rajasthan Act 11 of 1976, s. 2]

Section 5