The Kerala Payment Of Wages (General) Rules, 1958

1TH E KERALA PAYMENT OF WAGES (GENERAL) RULES, 1958

In exercise of the powers conferred by Section 26 of the Payment of Wages Act 1936 (Central Act IV of 1936) the Government or Kerala hereby make the following rules the same having been Previously published as required by sub-section (5) of the said section.

1 . Title and extent

(1) These rules may be called The Kerala Payment of Wages (General) Rules, 1958. (2) These rules shall apply to the payment of wages to persons employed in (i)

factories and (ii) such of the industries establishments as defined in Section 2 of the Payment of Wages Act, 1936, to which the provisions of the Act have been extended by notification under sub-section (5) of Section 1 of the Act.

2 . Definitions

In these rules, unless there is anything repugnant in the subject or context-

(a) “the act” means the Payment of Wages Act, 1936 (Central Act IV of 1936);

(b) “the authority” means the authority appointed under sub-section (1) of Section

15 of the Act;

(c) “the Chief Inspector of Factories” means the Chief Inspector of Factories appointed under sub- section (2) of Section 8 of the Factories Act, 1948 (Central Act LXIII of 1948);

(d) “the Chief Inspector of Plantations” means the Chief Inspector of Plantations appointed under sub-section (1) of Section 4 of the Plantations Labour Act, 1951 (Central Act LXIX of 1951)

(e) “the Court” means the Court mentioned in sub-section (1) of the Section 17 of the Act;

(f) “deduction for breach of contract” means a deduction made in accordance with the provisions of the proviso to sub-section (2) of Section 9 of the Act;

(g) “deduction for damages of loss” means a deduction made in accordance with the provisions of clause ( c) of sub-section (2) of the Section 7 of the Act;

(h) “Form” means a form appended to these rules;

(i) “Inspector” means the inspector authorized by or under Section 14 of the Act;

(j) “Paymaster” means an employer or other person responsible under section of the Act for the payment of wages;

(k) “person employed” excludes all persons to the payment of whose wages the Act does not apply;

(l) “section” means a section of the Act; and

(m) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.

3 . Register of Fines

SECTIO N 26 (3) (a)

(1) In any factory or industrial establishment in respect of which 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 pay-master shall maintain a register of fines in Form I:

Provided that, in any factory if the inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all employed persons in that factory the particulars required in the form prescribed under this sub-rule he may by order in writing direct that such muster roll or register shall to the corresponding extent be maintained in the place of and be treated as the Register of Fines of persons employed in that factory:

Provided further that where an industrial establishment has no building the register shall be maintained in the house of the paymaster and produced at the office of the Inspector having jurisdiction when required.

(2) At the beginning of the Register of Fines the approved purpose or purposes on which the fines realised are to be expended shall be entered and serially numbered.

(3) When any disbursement is made from the fines realized, deduct entry of the amount so expended shall be made in the Register of Fines. The Vouchers or receipts in respect of the amounts so expended shall be serially numbered and kept separately, the serial number of each voucher or receipt and the amount to which it relates being noted in the remarks column of the register. If more than one purpose for spending the fines 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

In every factory or industrial establishment in which deduction for damages or loss are made, the paymaster shall maintain the register required by sub- section (2) of Section

10 in Form II.

Provided that, in any factory if the Inspector is of opinion that any muster roil or register maintained as part of the routine of a factory gives in respect of any or all the employed persons in that factory the particulars required in the form prescribed under this rule, he may, by order in writing direct that such muster roll or register shall to the corresponding extent be maintained in the place of and be treated as the register required to be maintained under this rule:

Provided further that where an industrial establishment has no building the register shall be maintained in the house of the paymaster and produced at the office of the Inspector having jurisdiction when required.

5.2[Regi ster of Wages

A Register of Wages shall be maintained by the 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:

Provided that, where an industrial establishment has no building, the register shall be kept in the house of the Paymaster and produced at the office of the Inspector having jurisdiction, when required].

5A.3[C ombined Form of Register

Notwithstanding anything contained in these rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under these rules may be used with the previous approval of the authority prescribed under rule 9].

6.4[Peri od of Maintenance of registers

The registers referred to in rules 3, 4, 5A and 17 shall be preserved for a period of 3 years from the date of last entry noted in them.]

SECTIO N 26 (3) (c)

7 . Weights and Measures

(1) All weights, measures or weighing machines which are used in checking or ascertaining the wages of persons employed in any factory or industrial establishment shall be examined at least biennially by an Inspector who may prohibit the use of any weight, measure or weighing machine which he finds to register incorrectly.

(2) If the Inspector considers that any action should be taken under law in force relating to Weights and Measures or the Indian Penal Code (X of 1860) he may seize: the article in question and shall record his opinion and send it the Magistrate for such action as he may think fit.

SECTIO N 26 (3)(d)

8 . Notice of dates of payment

The paymaster shall display in a conspicuous place at or near the main entrance of the factory or industrial establishment a notice in English and in the language of the majority of the persons employed therein giving for not less than two months in advance, the days on which wages, Will ordinarily be paid 5[and shall serve simultaneously a copy thereof on the Inspector having jurisdiction over the area].

Provided that in the case of an industrial establishment which has no building such notice shall be displayed in a conspicuous place in the house of the paymaster and shall be produced when required at the Office of the Inspector having jurisdiction there.

9 . Prescribed authority

SECTIO N 26 (3) (e), (f) and (h)

The Chief Inspector of Factories in the case of factories, the Chief Inspector or Plantations in the case of plantations, and the Labour Commissioner in other cases 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 (8) of Section 8, the purposes on which the proceed of fine shat be expended.

10 . Application in respect of Fines

Every paymaster in a factory or industrial establishment requiring the power to impose fines in respect of any acts and omission: on the part of employed persons shall to the authority mentioned in Rule 9:

(a) a list in English, in duplicate clearly defining such acts and omissions; and

(b) in cases where the employer himself does not intend to be the sole person empowered to impose fines, a list in duplicate, showing those appointments in his factor or industrial establishment the incumbents of which may pass orders imposing fine and the class of establishment on which the incumbent of each such appointment ma impose fines.

11 . Approval of list of act omissions

The authority appointed under rule 8 may or receipt of the list prescribed in clause (a) of the proceeding rule, after such enquiry as he considers necessary, pass orders either-

(a) disapproving the list, or

(b) approving the list either in its original form or as amended by him, in which case such list shall be considered to be an approved list, provided that no order disapproving or amending any list shall be passed unless the paymaster shall have been given an opportunity of showing cause orally or in writing why the list as submitted by him should be approved.

12 . Posting of list

The paymaster shall display at or near the main entrance of the factory or industrial establishment a Copy in English, together with a correct translation thereof, in the language of the majority of the persons employed therein, of the list approved under rule 11:

Provided that in the case of an industrial establishment which has no building such notice shall be displayed in a conspicuous place in the house of the paymaster and shall be produced when required at the Office of the Inspector having jurisdiction there.

13 . Person authorised to impose fines

No fines may be imposed by any person other than the employer or a person holding an appointment named in list submitted under Rule 10.

14 . Procedure in imposing fines and deductions

Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss shall explain personally to the said person the act or omission, or damage or loss, in respect of which the fine or deduction is proposed to be imposed and the amount of fine or deduction, which it is proposed to be imposed, and shall hear his explanation. The charge in respect of which it is proposed to impose the fine or deduction, and the explanation of the person concerned shall be reduced to writing, the signature of such person being obtained to the latter.

15 . Information to paymaster

The person imposing a fine or directing the making of a deduction for damages or loss shall at once inform the paymaster of all particulars, so that the register prescribed in Rule 3 or rule 4 may be duly completed.

SECTIO N 26 (3) (g)

16 . Deduction for breach of contract

(1) No deduction for breach of contract shall be made from the wages of an employed person who is under the age of fifteen years.

(2) No deduction for breach of contract shall be made from the wages of an employed employment requiring the employee to give notice of the termination of such employment of the contract of person unless.-

(a) there is provision in writing forming part of the terms and the period of notice does not exceed either,-

(i) fifteen days or the wage-period, whichever is less; or

(ii) the period of notice which the paymaster is required to give of the termination of that employment.

(b) this rule has been displayed in English and in the language of the majority of the employed persons at or near the main entrance of the factory or industrial establishment 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:

Provided that in the case of an industrial establishment which has no building such notice shall be displayed in a conspicuous place in the house of the paymaster and shall be produced when required at the Office of the Inspector having jurisdiction there; and.

(c) a notice has been displayed at or near the main entrance of the factory or industrial establishment giving the names of the persons from whose wages the deduction is proposed to be made, the number of day’s 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 of the factory or industrial establishment, it

shall be sufficient, in lieu of giving the names of the persons in such departments or sections, to specify the departments or sections affected:

Provide that in the case of an industrial establishment which has no building such notice shall be displayed in a conspicuous place in the house of the paymaster and shall be produced when required at the Office of the inspector having jurisdiction there.

(3) No deduction for breach of contract shall exceed the wages if the person employed for the period by which the notice of termination of services given falls short of the period of such notice required by the contract of employment.

(4) If any condition have been specified in the notice displayed under clause (c) of sub-rule (2) no deduction for breach of contract shall be made from the wages or any person who has compelled with these conditions.

SECTIO N 26 (3)(i)

17 . Advances

(1) An advance of wages not already earned shall not, without the previous permission of an Inspector, exceed an amount equivalent to the wages earned by the employed person during the preceding two calendar months, or if he has not been employed for that period, twice the wages he is likely to earn during the subsequent calendar month.

(2) Any advance may be recovered in instalments by deduction from wages, spread over not more than twelve months. No instalments shall exceed one third, or where the wages for any wage period are not more than twenty rupees, one forth of the wages; for the wage-period in respect of which the deduction is made:

Provided that this sub-rule shall not apply to the case of an advance made, in which the employer, either at the instance of or with the consent of the employed person and with the approval of Chief Inspector of Factories in the case of Factories, the Chief Inspector of Plantations in the case of Plantations or the Labour Commissioner in all other cases, postpones its recovery for a specified period on exceptional grounds (such as when full work could not be provided for the workers for causes beyond the control of the employer) which in the option of the authorities aforementioned merits such postponement.

(3) The amounts of all advances and recoveries shall be entered in a register in Form

III:

Provided that in the case of any factory if the inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the employed persons in that factory the particulars required in the form prescribed under this sub-rule, he may by order in writing direct that such muster roll or register shall to the corresponding extent be maintained in the place of and be treated as, the register required to be maintained under this sub-rule.

18 . Annual Return

SECTIO N 26 (3)(a)

Every paymaster of a factory or an the industries establishment shall send a return in Form IV so as to reach the authority appointed under rule 9 not later the 15th February following the end of the calendar year to which the return relates.

SECTIO N 26 (3) (j)

19.6[C osts

(1) Where the Court directs that any cost shall not follow the event, the reasons for the direction shall be stated in writing.

(2) The costs which may be awarded shall include,

(a) The charges necessarily incurred on account of court fees; and

(b) Pleader’s fees which shall ordinarily be Rs.10 provided that the Court may reduce the fee to sum not less than Rs.5 or increase it to a sum not exceeding Rs.30.

(3) When a party engages more pleaders than one to defend a case, he shall be allowed one set of pleader’s fees only.

20 . Copies of documents

The Court may fix the fees on the payment of which any person entitled to do so may obtain copies of any document filed with the Court.

Provided that the Court may in consideration of the poverty of the applicant, grant copies free of cost.

21 . Court fees

SECTIO N 26 (3) K)

(1) No fee shall be paid in respect of an application made before the authority appointed under Section 15 of the Act.

(2) The fees payable in respect of an appeal preferred before the Court of small Causes or District Court under Section 17 of the Act shall be at the same rate of ad valorem fees as chargeable in respect of memorandum of appeal under Article 1 Schedule 1 to the Kerala Court Fees and Suits Valuation Act, 1959 (Act

10 of 1960) calculated on the amount or value of the subject matter in dispute in

appeal except that when an appeal is preferred by a person making an application under Section 15, the fee payable shall, subject to the provisions of Section 17A, be calculated on the amount directed to be paid by the Appellate Court under Section 17 of the Act:

Providing that the Court may, in consideration of the poverty of the appellant, reduce or remit this fee:

Provided further that no fee shall be chargeable in respect of an appeal preferred by an Inspector]

22 . Abstract

SECTIO N 26 (3) (1)

The abstract of the Act and the Rules made thereunder required to be displayed by section 25 shall be in Form V.

23 . Notice of Occupation

SECTIO N 26 (2)

Within fifteen days before the Commencement of work either for the first time or after each season in any industrial establishment other than a factory, the owner, the proprietor, the managing agent or the occupier of the establishment shall send to the Labour Commissioner a written notice in duplicate in Form VI.

Provided that such notice shall be sent within 30 days of the date of the commencement of these rules in the case of industrial establishments to which the visions of the Payment of Wages Act become applicable for the first time on the date commencement of the rules.

24 . Penalties

SECTIO N 26 (4)