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Minimum Wages Act, 1948 Section 3

Title: Fixing of Minimum Rates of Wages

State: Central

Year: 1948

.....the Payment of Wages Act 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith. STATE AMENDMENTS Gujarat--In section 3 of the Act-- to sub-section (1A), the following proviso shall be added, namely:-- "Provided that, where the State Government had for any reason not fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Gujarat Amend­ment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year." [Vide Gujarat Act 22 of 1961, sec. 2 (w.e.f. 18-5-1961)] Kerala--Section 3, in its application to the fixation of minimum rates of wages in respect of employments specified in Part I and Part II of the Schedule to the Act in relation to which the appropriate government is the State Government, shall have effect in the State of Kerala subject to the amendments specified below. In sub-section (1) of section 3-- in the opening words for the.....

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Payment of Wages Act, 1936 Section 5

Title: Time of Payment of Wages

State: Central

Year: 1936

.....upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh day, (b) any other railway, factory or 1 [industrial or other establishment] shall be paid before the expiry of the tenth day, after the last day of the wage-period in respect of which the wages are payable: 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) Where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 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.] (3) The.....

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Payment of Wages Act, 1936 Section 15

Title: Claims Arising out of Deductions from Wages or Delay in Payment of Wages and Penalty for Malicious or Vexatious Claims

State: Central

Year: 1936

.....special order, provide for the distribution or allocation of work to be performed by them under this Act.]] ____________________ * Inserted by Act 53 of 1964, section 13 w.e.f. 1-2-1965. ** Substituted by Act 53 of 1964, section 13, for "of persons employed or paid in that area" w.e.f. 1-2-1965. 2. Substituted by Act 53 of 1964, section 13, for "six months" w.e.f. 1-2-1965. 3. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was 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 inquiry (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 twenty-five rupees in the latter, and even if the amount deducted.....

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Minimum Wages Act, 1948 Section 31

Title: Validation of Fixation of Certain Minimum Rates of Wages

State: Central

Year: 1948

.....which is less that the minimum rates of wages referred to in this section or by reasons of non- compliance during the period aforesaid with any order or rule under section 13. ] STATE AMENDMENTS Madhya Pradesh--After section 13 of the principal Act, add the following:-- "31A. Validation of certain minimum rates of wages.-- (1) The rates of minimum wages fixed or revised in respect of employement Nos. 2, 3, 5, 6, 7, 8 and 11 in Part I of the Schedule to the principal Act, under the Government of Madhya Pradesh. Labour Depart­ment Notification Nos. 306 to 309-XVI-58, dated the 30th December, 1958, shall be and shall always be deemed to have been validly fixed or revised and shall be deemed to have come into force on the date mentioned in the said notifications, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the Advisory Board under section 7 of the principal Act read with section 9 thereof or publication of the notifications in the Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with.....

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Payment of Wages Act, 1936 Section 7

Title: Deductions Which May Be Made from Wages

State: Central

Year: 1936

.....17 [ theRailways Act, 1989.] ____________________________ 1. Substituted vide Payment of Wages (Amendment) Act, 2005. Previous text was "sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)" 2. Explanation re-numbered as Explanation I by Act 68 of 1957, section 5 w.e.f. 1-4-1958. 3. Inserted by Act 68 of 1957, section 5 w.e.f. 1-4-1958. 4. Substituted by Act 68 of 1957, section 5, for clause (d) w.e.f. 1-4-1958. 5. The words "Governor-General in Council or" omitted by the A.O. 1937. 6. Inserted by Act 53 of 1964, section 6 w.e.f. 1-2-1965. 7. Substituted by Act 56 of 1974, section 3 and Schedule II, for "this sub-clause". 8. Substituted by Act 53 of 1964, section 6, for clause (f) w.e.f. 1-2-1965. 9. Substituted vide Payment of Wages (Amendment) Act, 2005 10. The word "and" omitted by Ordinance 3 of 1940, section 2. 11. Added by Ordinance 3 of 1940, section 2. 12. Substituted by Act 68 of 1957, section 5, for clause (k) w.e.f 1-4-1958. 13. Inserted by Act 38 of 1982, section 7 w.e.f. 15-10-1982. 14. Inserted by Act 29 of 1976, section 4 w.e.f 12-11-1876. 15. Inserted by Act 19 of 1977, section 2, w.e.f. 30-6-1977. 16......

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Minimum Wages Act, 1948 Section 5

Title: Procedure for Fixing and Revising Minimum Wages

State: Central

Year: 1948

.....clause (b) of sub- section (1), the appropriate Government shall consult the Advisory Board also. ] STATE AMENDMENTS Assam--To clause (a) of sub-section (1) of section 5 add at the end the following proviso, after adding a colon after the word "be" and deleting the comma and the word "or" namely:-- "Provided the committees and sub-committees as so appointed may advise She appropriate Government in respect of fixation of wages on interim measure after holding such prelimi­nary enquiries as the necessary committee or the sub-committee, as the case may be, considers in this behalf and the appropriate government after considering such advise may fix the wages pending the fixation of the minimum rate of wages as required under sub-section (2), or." [Vide Assam Act 19 of 1964, sec. 2 (w.e.f 11-8-1964)] Madhya Pradesh--The M.P. Minimum Wages Fixation Act, 1962 (16 of 1962) is an Act to fix the minimum wages in certain scheduled employments and to provide for certain other matters connected therewith. Section 3 of this Act says that notwithstanding anything contained in section 5 of the principal Act of 1948 as applicable to State of Madhya Pradesh or any other provision.....

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Minimum Wages Act, 1948 Complete Act

Title: Minimum Wages Act, 1948

State: Central

Year: 1948

.....of undisbursed amounts due to employees Section22E - Protection against attachment of assets of employer with Government Section22F - Application of Payment of Wages Act, 1936, to scheduled employments Section23 - Exemption of employer from liability in certain cases Section24 - Bar of suits Section25 - Contraction out Section26 - Exemptions and exceptions Section27 - Power of State Government of add to Schedule Section27A - Protection to persons acting under the Act Section27B - Delegation of power Section28 - Power of Central Government to give directions Section29 - Power of the Central Government to make rules Section30 - Power of appropriate Government to make rules Section30A - Rules made by Central Government to be laid before Parliament Section31 - Validation of fixation of certain minimum rates of wages ScheduleI - SCHEDULE

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Payment of Wages Act, 1936 Complete Act

Title: Payment of Wages Act, 1936

State: Central

Year: 1936

.....deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims Section16 - Single application in respect of claims from unpaid group Section17 - Appeal Section17A - Conditional attachment of property of employer or other person responsible for payment of wages Section18 - Powers of authorities appointed under section 15 Section19 - Power to recover from employer in certain cases Section20 - Penalty for offences under the Act Section21 - Procedure in trial of offences Section22 - Bar of Suits Section22A - Protection of action taken in good faith Section23 - Contracting out Section24 - Application of Act to railways, air transport services, mines and oil-fields Section25 - Display by notice of abstracts of the Act Section25A - Payment of undisguised wages in cases of death of employed person Section26 - Rule-making power

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Minimum Wages Act, 1948 Section 12

Title: Payment of Minimum Rates of Wages

State: Central

Year: 1948

.....the rate so fixed or revised, were payable under this Act. or under any law or award or agreement or customs or usage for the time being in force, then, notwithstanding anything contained in this Act, wages at such higher rate shall be payable to the employees in such scheduled and the wages so payable shall be deemed to be the minimum wages for the purposes of this Act." [Vide M.P. Act 23 of 1961, sec. 6 (w.e.f. 23-6-1961)] (2) Provisions of this section shall apply to minimum rates of wages specified in section 3. [See M.P. Act 16 of 1962, sec. 4 (w.e.f. 5-8-1962)] ________________________ 1. The words "or section 10" omitted by Act 30 of 1957, section 9 w.e.f. 17-9-1957.

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Payment of Wages Act, 1936 Section 6

Title: Wages to Be Paid in Current Coin or Currency Notes

State: Central

Year: 1936

..... In section 6, the following proviso shall be added, namely:-- "Provided that when the amount of bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed." ________________________ 1. Inserted by Act 29 of 1976, section 3 (w.e.f. 12-11-1975). 2. Vide Andhra Pradesh Act 15 of 1982, section 2 (w.e.f. 7-10-1982). 3. Vide Assam Act 1 of 1970, section 2. 4. Vide Bihar Act 4 of 1961, section 2 (w.e.f. 9-3-1961) as amended by Bihar Act 4 of 1963, section 2. 5. Vide Gujarat Act 26 of 1961, section 3 (w.e.f. 12-6-1961). 6. Vide Maharashtra Act 13 of 1961, section 4 (w.e.f. 4-3-1961). 7. Vide Orissa Act 4 of 1961, section 2 (w.e.f. 11-2-1961).

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