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PAYMENT O* WAGES (PROCEDURE)RULES, 1937

New Delhi, 24th February, 1937 (as amended up to date)

No. L 3067:— In exercise of the powers conferred by sub-section (1)of Section 26 of the Payment of Wages Act, 1936 (IV of 1936), read withSection 22 of the General Clauses Act, 1897 (X of 1897), the Governor Generalin Council is pleased to make the following rules, the same having beenpreviously published as required by sub-section (5) of Section 26 of the firstnamed Act, namely: —

1. Short title: — (1) These rules may be called the Payment of Wages(Procedure) Rules, 1937.

(2) They extend to the whole of India except the State of Jammu andKashmir.

2. Definitions: — In these rules, unless there is anything repugnant inthe subject or context,—

(a) 'the Act' means the Payment of Wages Act, 1936 (IV of 1936).

(b) 'appeal' means an appeal under Section 17 ;(c) 'the authority' means the authority appointed under sub-sec. (1)

of Section 15 ;(d) 'the Court' means the Court mentioned, in sub-section (1) of

Section 17 ;(e) 'employer' includes the persons responsible for the payment of

wages under Section 3 ;(f) 'section' means section of the Act ;(g) 'Form' means a form appended to these rules ;

(gg) 'record of order or direction' means the record of an order dismissingeither wholly or in part an application made under sub-sec. (2)of Section 15 or of a direction made under sub-section (3) or sub-section (4) of that section kept in Form 'F'.

(h) words and expressions not defined in these Rules shall be deemedto have the same meaning as in the Act

3. Form of application: — Applications under sub-section (2) of Section7.5 by or on behalf of an employed person or group of employed personsshall be made in duplicate in Form A, Form B or Form C as the case maybe, one copy of which shall bear such Court fee as may be prescribed.

4. Authorisation:— The authorisation to act on behalf of an employedperson or persons, under Section 15, shall be given by a certificate in FormD, shall be presented to the authority hearing the application and shall formpart of the record.

R. 9] PAYMENT OF WAGES (PROCEDURE) RULES, 1937 ;

5. Permission to appear: — Any person desiring the permission of tfrauthority to act on behalf of any employed person or persons shall preseito die Authority a brief written statement explaining his interest ill ttmatter, and the authority shall record an order on the statement, which idie case of refusal shall include reasons for die order, and shall incorporal

"it in die record.6. Presentation, of documents: — (1) Applications or odier documeii

relevant to an application may be presented in person to die Audiority tany time during hours to be fixed by die Audiority, or may be sent to hiiby registered post

(2) The Audiority shall at once endorse, or cause to be endorsed, ceach document die date of die presentation or receipt, as die case may b

7. Refusal to entertain application:— (1) The Audiority may reftuto entertain an application presented under Rule 6, if after giving die applicaian opportunity of being heard, die Audiority is satisfied, for reasons to Irecorded in writing that—

(a) die applicant is not eiitided to present an application ; or(b) die application is barred by reason of die provisions in die provise

to sub-section (2) of Section 15 ; or(c) die applicant shows no sufficient cause for making a directic

under Section 15.(2) The audiority may refuse to entertain an application which

insufficiently stamped or odierwise incomplete and if he so refuses shereturn it at once widi an indication of die defects. If die applicationpresented again, after die defects have been made good, die date <representation shall be deemed to be die date of presentation for die purposof die proviso to sub-section (2) of Section 15.

8. Appearance of parties: — (1) If die application is entertained, dAudiority shall call upon die employer by a notice in Form E to appeibefore him on a specified date togedier widi all relevant documents anwitnesses, if any, and shall inform die applicant of die date so specifiei

(2) If die employer or his representative fails to appear on die specificdate, die Audiority may proceed to hear and determine die application e.parte.

(3) If die applicant fails to appear 011 die specified date, die Audiorimay dismiss die application :

Provided diat an order passed under sub-rule (2) or sub-rule (3) mebe set aside and die application re-heard on good cause being shown widi:one month of die date of die said order, notice being served on die opposiparty of die date fixed for re-hearing.

9. Record of proceedings: — (1) The Audiority shall in all casles eiitdie particulars indicated in Form F and at die time of passing orders shesign and date die Form.

32 PAYMENT OF WAGES ACT, 1936 JTR. 13

(2) In a case where no appeal lies, no further record shall be necessary.

(3) In a case where an appeal lies, die authority shall record the substanceof die evidence and shall append it under his signature to die record of orderor direction.

10. Signature on forms: — Any form, odier than die record of orderor direction which is required by dvese rules to be signed by die Audiority,may be signed under his direction and on his behalf by any officer subordinateto him appointed by him in writing for diis purpose.

11. Exercise of powers:— In exercise of die powers of a Civil Courtconferred by Section 18, die Audiority shall be guided in respect of procedureby die relevant orders of die First Schedule of die Code of Civil Procedure,1908, widi such alterations as die Audiority may find necessary, not effectingtheir substance, for adapting diem to die matter before him and save wherediey conflict widi die express provisions of die Act or these rules.

12. Appeals: — (1) An appeal shall be preferred in duplicate in die formof a memorandum, one copy of which skall bear die prescribed Court-fee,settiiig fordi concisely die grounds of objection to die order dismissing eidierwholly or in part an application made under sub-section (2) of Section 15or a direction made under sub-section (3) or sub-section (4) of diat section,as die case may be, and shall be accompanied by a certified copy of diesaid order or direction.

(2) Wherejan appeal is lodged, a notice shall be issued to die respondentin Form-G.

(3).The Court after hearing die parties and after such furdier inquiry,if any, as it may deem necessary, may confirm, vary, or set aside die orderor direction from which die appeal is preferred and shall make an orderaccordingly.

1[12-A. Order or direction to be made:.— The authority or die Courtas die case may be, after die case has been heard, shall make die order ordirection eidier at once or/ as soon diereafter as may be practicable, on somefurdier day ; and when die order or direction is to be made on some futureday, it shall fix a date for die purpose of which due notice shall be givento die parties or dieir pleaders.]

13. Inspection of documents: — Any employed person, or any employeror his representative or any person permitted under sub-section (2) ofSection 15 to apply for a direction, shall be eiitided to inspect any application,memorandum of appeal, or any odier document filed widi die Authority,or die Court as die case may be, in a case to which he is a party, and mayobtain copies thereof on payment of such fees as may be prescribed.

1. Inserted by Notification No. 2410/PWA/Procedure Rules/Am., dated 6-7-1970

F. A] PAYMENT OF WAGES (PROCEDURE) RULES, 1997 33

FORM A[See sub-section (2) of Section 15 of the Payment of Wages Act]

Form of Individual Application

In die Court of die Audiority appointed under die Payment of WagesAct, 1936 (IV of 1936) for area.

Application No of 199Between A.B.C applicant

(tiirougha legal practitioner/an official of(which is a registered Trade Union.)and X, Y, Z opposite party :

The applicant states as follows :in Factory

1. A.B.C. is a person employed — die /eiitidedon railwaysIndustrial establishment

and resides at _The address of die applicant for die service of all notices and processes

is :2. X, Y, Z die opposite party, is die person responsible for die payment

of his wages under Section 3 of die Act, and his address for die service ofall notices and processes is.

3. (1) The applicant's wages have not been paid for die following wageperiod(s) [give date(s)]

Or Asumof Rs lias been unlawfully deductedfrom his wages of 1[amount for die wage-period (s)which ended on] [give date(s)].

(2) [Here give any further claim or explanation].4. The applicant estimates die value of die relief sought by him at die

sum of rupees5. The applicant prays d\at a direction may be issued under sub-section

(3) of Section 15 for-(a) Payment of delayed wages as estimated or such greater or lesser

amount as die Audiority may find to be due.Or Refund of die amount illegally deducted.

(b) Compensation amounting toThe applicant certifies that die statement of facts contained in this

application is to die best of his knowledge and belief accurate.

Signature or diumb impression of dieemployed person, or legal practitioner orofficial of a registered trade union duly

authorised

.1. Subs, by Notification No.'S.O. 2334, dated 14-9-1960.

c .34 PAYMENT OF WAGES ACT, 1936 [F. B

FORM B1[See sub-section (2) of Section 15 and Section 16 of the Payment of

Wages Act]Form of Group Application

In the Court of Authority appointed under the Payment of WagesAct, 1936 (IV of 1936) for area.

Application No .:.. of 19Between A, B, C and (state the number) others

Applicants[through. a legal practitioner/

an official[which is a registered trade union]

and X, Y, Z, opposite party,The applicants state as follows :'[The applicants whose names and permanent addresses appear in the

attached schedule are persons employed in the factory/the railway or industrialestablishment are entitled/and resides at

The address of applicants for service of all notices and processes is:

2. X, Y, Z the opposite parly, is die person responsible for the paymentof wages under Section 3 of the Act, and his address for the service of allnotices and processes is:

3. The applicant's wages have not been paid for the following wageperiod(s):

4. The applicants estimate the value of the relief sought by them atthe sum of rupees :

5. The applicants pray that a direction may be issued under sub-section(3) of Section 15 for— '

(a) Payment of the applicants' delayed wages as estimatedor such greater or lesser amount as the Authority may find tobe 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 ofthe applicants or legal practitioner or anofficial of a registered trade union duly

authorised.SCHEDULE

S. No. Name of Applicant Permanent Address

1. Subs, by Notification No. S.O. 2334, dt. September 14, 1960.

F. CJ PAYMENT OF WAGES (PROCEDURE) RULES, 1937 35

FORM C

[See sub-section (2) of Section 15 and Section 16 of the Payment ofWages Act]

Form of Application by an Inspector or person permitted bythe Authority or authorised to act

In the Court of the Authority appointed under the Payment of WagesAct, for area.

Application No of 19BetweenA, B, C (designation) an Inspector under the

Permitted by the authorityPayment of Wages Act] Or a person

authorisedto act under sub-section (2) of Section 15] applicant

AndX, 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 '[persons whose names andpermanent addresses are given below].

(1) (2) (3)* *

2. His address for the service of all notices and processes is :

3. The Wages of the said persoii(s) due in respect of the following wageperiods, have not been paid/have been paid subject to the following illegaldeductions :

4. The applicant estimates the value of the relief sought for the person(s)employed at the sum of Rs

5. The applicant prays that a direction may be issued under sub-section (3) of Section 15 for :

(a) Payment of the delayed wages as estimated or such great or lessor,amount as die authority may find to be due.

Or Refund of the amount illegally deducted.

(b) Compensation amounting to Rs. ....:.

The applicant certifies that the statements of facts contained in thisapplication are to the best of his knowledge and belief accurate.

Applicant's signature

1. Subs, for "person(s)" by Payment of Wages (Procedure) (Amendment) Rules/1960.

36 PAYMENT OF WAGES ACT, 1936 [F. F

FORM D

Certificate of Authorization

I/We employed person(s) hereby authorise a legal practitioner/an officialof which is a registered trade union to act on my/ovtr behalf under Section15 and Section 17 of the Payment of Wages Act, 1936 (IV of 1936) in respectof die claim against on account of die delay in payment/illegal deductions from my/our wages forWitnesses (1) (2) (3) (4) Signatures (1) (2) (3) (4)

I accept die authorisation."Signature

Legal practitioner/Official of a registered Trade Union

FORM ENotice for the Disposal of Application

ToWhereas under the Payment of Wages Act, 1936 (IV of 1936) a claim

against you has been presented to me in die application of which a copyis enclosed, you are hereby called upon to appear before me eidier in personor by any person duly instructed, and able to answer all material questionsrelating to die application, or who shall be accompanied by some personable to answer all such questions, oil the day of19 ..., at o'clock in die forenoon/afternoon to answer die claim,and as die day fixed for your appearance is appointed for the final disposalof die application you must be prepared to produce on tiiat day all tiiewitnesses upon whose evidence, and die documents, upon which you intendto rely in support of your defence.

Take notice diat in default of your appearance on die day beforementioned, die application will be heard and determined in your absence.

Given under my hand and seal ondiisday of.19Seal

Authority

FORM FRecord of Order or Direction

(1) Serial number :

(2) Date of application :

(3) Name or names, percentage, address or addresses of die applicantor some, or all of die applicants belonging to die same unpaid groups :

(4) Name and address of die employer :

(5) Amount claimed :

(a) as delayed wages, Rs

(b) as deducted from wages, Rs...,

F. G] PAYMENT OF WAGES (PROCEDURE) RULES, 1937 37

(6) Plea of the employer and his examination (if any)(7) Finding, and a brief statement, of the reasons therefor :(8) Amount awarded :.

(a) Delayed wages Rs(b) Deducted wages Rs

(9) Compensation awarded :(10) Penalty imposed :(11) Costs awarded to —

(i) Court-fee charges :(ii) Pleader's fee :(iii) Witness's expenses :

(12) Date by which the amount awarded shall be paid.]SignedDated ..

Note: — In cases where an appeal lies, attach on a separate sheet thesubstance of the evidence.

FORM GNotice to respondent of the day fixed for the hearing of theappeal under Section 17 of the Payment of Wages Act, 1936Appeal from the decision of the Authority for die area

dated the day of 19

ToTake notice that an appeal of which a copy is enclosed from the decision

of the Authority for area has been presented by X, Y, Z andother and registered in this Court, and that the day of 19

, has been fixed by this Court for the hearing of this appeal.If no appearance is made on your behalf, by yourself, or by someone

by law authorised to act for you in this appeal, it will be heard and decidedin your absence.

Given under my hand and the seal of the Court, this dayof 19 !

Judge

Seal of the Court

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