These rules may be called the U.P. Payment of Wages Rules, 1936.

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

(a) the Act means the Payment of Wages 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 Inspector of Factories appointed under sub-section (2) of Section 10 of the Factories Act (XXV of 1934);

(d) the Court means the court mentioned in sub-section (1) of Section 17 of the Act;

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

(f) deduction for damage or loss means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of Section 7;

(g) Form means a form appended to these rules;

(h) Inspector means the inspector authorized by or under Section 14 of the Act;

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

(j) section means a section of the Act;

(k) paymaster means an employer or other person responsible under Section 3 of the Act for the payment of wages;

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

Section 26(3)(a)

(1) In any factory and industrial establishment in respect of which the employer has obtained approval under sub-section (1) of Section 8 to list of acts and omissions in respect of which fines may be imposed the paymaster shall maintain a register of fines in Form I.

(2) At the beginning of the register of fines there shall be entered serially numbered the approved purpose or purposes on which the fines realized are to be expended.

(3) A voucher of receipt in respect of any amount disbursed shall be maintained and produced as and when demanded by the Inspector.

In every factory and industrial establishments in which deductions for damage or loss are made, the paymaster shall maintain the register required by sub-section (2) of Section 10 in Form II.

A register of wages shall be maintained in every factory and industrial establishment and may be kept in such form as the paymaster finds convenient [including additions to Form 12 prescribed under Rule 78 of the U.P. Factories Rules, 1950] but shall include the following particulars:

(a) the gross wages earned by 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.

The registers required by Rules 3, 4, 5 and 17 shall be preserved for twelve months after the date of the last entry made in them.

1[6-A. Production of Registers for inspection. All registers and records required to be maintained under the Act and these rules shall be produced by the paymaster on demand by an inspector.]

Section 26(3)(b) and 26(4)

6-B. Display of wage-rates. In every factory and industrial establishment a notice in Form VI in English, Hindi and Urdu shall be displayed by the paymaster in a conspicuous place at or near the entrance of each department or group of departments specifying the rates of wages payable to all classes of workers other than those holding position of supervision or management as mentioned in Rule 79 and approved under Rule 81 of the Uttar Pradesh Factories Rules, 1950. When the rates of wages are revised or a new class of work introduced, the necessary alterations shall be made by the paymaster in the said notice and dated.

This notice shall be preserved for a period of six months, after the date of its replacement by a new notice and shall be available to a Factory Inspector on demand for the purposes of inspection.

(1) All weights, measures or weighing machines which are used in checking or ascertaining the wages of persons employed in any factory and industrial establishments 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 the Indian Weights and Measures of Capacity Act (XXXI of 1871) or the Indian Penal Code (XLV of 1860), he may seize the article in question and shall record his opinion and send it to the District Magistrate for such action as he may think fit.

Section 26(3)(d)

The paymaster shall display, in a conspicuous place at or near the main entrance of the factory and industrial establishments, a notice, in English and in the language of the majority of the persons employed therein, giving for not less than one month in advance, the days on which wages are to be paid:

Provided that an employed person who is absent on any such day shall be paid his wages on any working day before the expiry of the third working day after the day on which a demand is made by him for the same.

Section 26(3)(e), (f) and (h)

The Chief Inspector of Factories 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 proceeds of fines shall be expended.

Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employed persons shall send to the Chief Inspector of Factories.

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

(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 factory and industrial establishments of which the incumbents may pass orders imposing fines and the class of establishment on which the incumbent of each such appointment may impose fines.

The authority appointed under Rule 9 on receipt of the list prescribed in Rule 10(a) may, after such inquiry as he considers necessary, pass orders either

(a) disapproving the list,

(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 employer shall have been given an opportunity of showing cause orally or in writing why the list, as submitted by him should be approved.

The employer shall display at or near the main entrance of the factories and industrial establishments a copy in English together with a literal translation thereof, in the language of the majority of the persons employed therein of the list approved under Rule 11.

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

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 fines or deduction, which it is proposed to impose, and shall take his explanation, either orally in the presence of at least one other person or in writing, as the employed person may prefer.

The person imposing a fine or directing the making of a deduction for damage or loss shall, without unnecessary delay, inform the paymaster of all particulars, so that the register prescribed in Rule 3 and Rule 4 may be duly completed.

Section 26(3)(g)

(1) No deduction for breach of contract shall be made from the wages of an employed person who is under the age of 15 years or is a woman.

(2) No deduction for breach of contract shall be made from the wages of any employed person unless

(a) there is a provision in writing forming part of the term of the contract of employment requiring him to give notice of the termination of his employment; and

(i) the period of this notice does not exceed fifteen days or the wage-period whichever is less, and

(ii) the period of this notice does not exceed the period of notice which the employer 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 and industrial establishments 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;

(c) a notice has been displayed at or near the main entrance of the factory and industrial establishments giving the names of the persons from whom the deduction is proposed to be made, the number of days 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 and industrial establishment, it shall be sufficient, in lieu of giving the name of the persons in such departments or sections to specify the department or section affected.

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

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

Section 26(3)(j)

(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 two subsequent calendar months.

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

(3) The amounts of all advances sanctioned and the repayments thereof shall be entered in a register in Form III.

Note. Advances to permanent salaried industrial establishment of the Government Printing and Stationery Department, Uttar Pradesh, will continue to be governed by the rules contained in the Financial Hand Book, Volume V, Part I (Account Rules).

Section 26(3)(a)

In respect of every factory and industrial establishments a return shall be sent in Form IV so as to reach the Chief Inspector of Factories not later than the 15th of February following the end of the calendar year to which it relates.

Section 26(3)(j)

(1) Where the authority or the court, as the case may be, directs that any cost shall follow the event, he shall state his reasons for so doing in writing.

(2) The costs which may be awarded shall include

(a) the charges necessarily incurred on account of court-fees;

(b) the charges necessarily incurred on subsistence money to witnesses; and

(c) pleader's fees which shall ordinarily be Rs. 10 provided that the authority or the court, as the case may be, in any proceedings, may reduce the fee to a 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 costs only.

20. The authority or the court, as the case may be, may fix fees on the payment of which any person entitled to do so may obtain copies of any documents filed with the authority or the court, as the case may be:

Provided that the authority or the court, as the case may be, may, in consideration of the poverty of the applicant, grant copies free of cost.

Section 26(3)(k)

The fee payable in respect of proceeding under the Act shall be:

Provided that the authority or the court may, in consideration of the poverty of the applicant, reduce or remit this fee:

Provided further that no fee shall be chargeable in respect of an application presented by an inspector.

Section 26(3)(l)

The abstract of the Act and of the rules made thereunder to be displayed under Section 25 shall be in Form V.

Section 26(4)

Any breach of Rules 3, 4, 5, 6, 6-A, 6-B, 8, 12, 15 and 18 of these rules shall be punishable with fine which may extend to two hundred rupees.

..Factory and Industrial Establishment

..Factory and industrial establishment

Factory and Industrial Establishments

1.(a) Name of factory or establishment and postal address

(b) Industry

2. Number of days worked during the year .

3. (a) Number of man days worked during the year:

(c) Gross amount paid as remuneration to the employed persons getting less than Rs. 200 per month including deductions under Section 7(2) of which the amount due to profit sharing bonus is and that due to money value of concessions is

(d) Gross amount paid as remuneration to the employed persons getting Rs. 200 per month and more but less than Rs. 400 per month including deductions under Section 7(2) of which the amount due to profit sharing bonus is and that due to money value of concession is

4. Total wages paid including deductions under Section 7(2) on the following accounts:

Signature

Designation

Dated

N.B. (i) The average daily number of persons is obtained by dividing the aggregate number of attendances during the year by the number of working days.

(ii) The wages of the persons receiving Rs. 400 a month or more shall not be included in the return, vide Section 1(6) of the Payment of Wages Act, 1936.

(iii) Basic wages include personal wages.

(iv) Money value of concessions should be obtained by taking the difference of the cost price paid by the employer and the actual price paid by the employees for supplies of essential commodities given free or at concessional rates.

(v) Details of the employees receiving wages less than Rs. 200 per month and those receiving Rs. 200 and more but less than Rs. 400 per month should be given separately in different columns provided for the purpose.

(vi) Total man days worked shall be worked out by multiplying the average daily number of workers employed with the number of days worked during the year.

1. The Act applies to the payment of wages to persons in the factory and industrial establishments receiving less than Rs. 200 a month.

2. No employed person can give up by contract or agreement, his rights under the Act.

3. Wages means all remuneration payable to an employed person on the fulfillment of his contract of employment.

It includes bonus and any sum payable for want of a proper notice of discharge.

It excludes

(a) the value of house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by the Central Government or the State Government;

(b) the employer's contribution to a pension or provident fund;

(c) travelling allowance or concession or other special expenses entailed by the employment;

(d) any gratuity payable on discharge.

4. The manager of the factory and industrial establishments is responsible for the payment under the Act of wages to persons employed under him, and any contractor employing persons is responsible for payment to the persons he employs.

5. Wage-period shall be fixed for the payment of wages at intervals not exceeding one month.

6. Wages shall be paid on a working day within seven days of the end of the wage-period (or within ten days if 1,000 or more persons are employed).

The wages of a person discharged shall be paid not later than the second working day after his discharge.

7. Payments in kind are prohibited.

8. No deductions shall be made from wages except those authorised under the Act (see Paragraphs 9 to 15 below).

9. (1) Fines can be imposed only for such acts and conditions as the employer may, with the previous approval of the Chief Inspector of Factories specify by a notice displayed at or near the main entrance of the factory and after giving the employed person an opportunity for explanation.

(2) Fines

(a) shall not exceed half-an-anna in the rupee;

(b) shall not be recovered by instalments, or later than sixty days of the date of imposition;

(c) shall be recorded in a register and applied to such purposes beneficial to the employed persons as are approved by the Chief Inspector of Factories;

(d) shall not be imposed on a child.

10. (a) Deductions for absence from duty can be made only on account of the absence of the employed person at times when he should be working, and such deductions must not exceed an amount which is in the same proportion to his wages for the wage-period, as the time he was absent in that period is to the total time he should have been at work.

(b) If ten or more employed persons, acting in concert, absent themselves without reasonable cause and without due notice, the deduction for absence can include wages for eight days in lieu of notice, but

(1) no deduction for breaking a contract can be made from a person under 15 or a woman;

(2) there must be a provision in writing which forms part of the contract of employment, requiring that a specific period of notice of intention to cease work not exceeding 15 days or the period of notice which the employer has to give to discharge a worker, must be given to the employer and that wages may be deducted in lieu of such notice;

(3) the above provision must be displayed at or near the main entrance of the factory and industrial establishments;

(4) no deduction of this nature can be made until a notice that this deduction is to be made has been posted at or near the main entrance of the factory and industrial establishments;

(5) no deduction must exceed the wages of the employed person for the period by which the notice he gives of leaving employment, is less than the notice he should give under his contract.

11. Deductions can be made for damage to or loss of goods expressly entrusted to an employed person or for loss of money for which he is required to account, where such damage or loss is due to his neglect or default.

Such deduction cannot exceed the amount of the damage or loss caused and can be made only after giving the employed person an opportunity for explanation.

12. Deductions can be made, equivalent to the value thereof for house accommodation, amenities or services (other than tools and raw materials) supplied by the employer, provided these are accepted by the employed person as a part of the terms of his employment and have in the case of amenities and services been authorised by order of Government.

13. (a) Deductions can be made for the recovery of advances or for adjustment of over-payment of wages;

(b) Advances made before the employment began can only be recovered from the first payment of wages for a complete wage-period but no recovery can be made of advances given for travelling expenses before employment began;

(c) Advances of unearned wages can be made at the paymaster's discretion during employment but must not exceed the amount of two months' wages without the permission of an Inspector.

These advances can be recovered by instalments, spread over not more than 12 months and the instalments must not exceed one-third or if the wages are not more than Rs. 20, one-fourth of the wages for any wage-period.

14. Deduction can be made for subscription to and for payment of advances from any recognized provident fund.

15. Deductions can be made for payment to co-operative societies approved by the State Government or to the postal insurance, subject to any conditions imposed by the State Government.

16. An inspector can enter on any premises, and can exercise powers of inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.

17. (1) Where irregular deductions are made from the wages, or delays in payment take place, an employed parson can make an application in the prescribed form within six months to the authority appointed by the local Government for the purpose. An application delayed beyond this period may be rejected unless sufficient cause for the delay is shown.

(2) Any legal practitioner, official of a registered trade union, inspector under the Act, or other person acting with the permission of the authority can make the complaint on behalf of an employed person.

(3) A single application may be presented by, or on behalf of, any number of persons belonging to the same factory and industrial establishments the payment of whose swages has been delayed.

18. The authority may award compensation to the employed person in addition to ordering the payment of delayed wages or the refund of illegal deductions.

If a malicious or vexatious complaint is made, the authority may impose a penalty not exceeding Rs. 50 on the applicant and order that it be paid to the employer.

19. An appeal in the prescribed form against a direction made by the authority may be preferred, within thirty days to the District Court

(a) by the paymaster if the amount directed to be paid exceeds Rs. 300;

(b) by an employed person, if the total amount of wages withheld from him or his co-workers exceeds Rs. 50;

(c) by a person directed to pay a penalty for a malicious or vexatious application.

20. Any one delaying the payment of wages beyond the due date, or making any unauthorised deduction from wages is liable to a fine up to Rs. 500, but only if prosecuted with the sanction of the authority or the appellate Court.

21. The paymaster who

(1) does not fix a wage-period, or

(2) makes payment in kind, or

(3) fails to display at or near the main entrance of the factory and industrial establishment this abstract in English and in the language of the majority of employed persons, or

(4) breaks certain rules made under the Act,

is liable to a fine not exceeding Rs. 200.

A complaint to this effect can be made only by the inspector, or with his sanction.

Name of Department

Date from which wage-rates will be or are in force

Name of paymaster in English

Signature

Date

1. Ins. by Noti No. 1733 (SM)/XXXVI-A-1121 (SM)-51, dated May 30, 1963.