RMW Rules 21अध्याय IV · Computation and Payment of wages, hours of work and holidays

धारा 21 · Time and conditions of payment of wages and the deductions permissible from wages

(1)

(i)

The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of a worker in such employment shall be paid before the expiry of the seventh day by the establishment which employs less than 1000 persons and before 10th day by other establishment, after the last day of the wage period.

(ii)

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 after the day on which his employment is terminated.

(iii)

The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.

(iv)

The employer shall display in a conspicuous place at or near the main entrance of the establishment, a notice in English and in the language of majority of the persons employed therein showing for not less than two months in advance, the days on which wages are to be paid.

Explanation. - every payment made by the employed person to the employer or his agent shall, for the purposes of these roles, be deemed to be a deduction from wages.

(2)

Deduction from the wages of a person employed in scheduled employment shall be of one or more of the following kinds, namely :-

(i)

Fines. - Provided that no fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer with the previous approval of the State Government may have specified;

(ii)

Deduction. - For absence from duty;

(iii)

deductions for the damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;

(iv)

deductions for house accommodation supplied by the employer or the State Government or Municipality or Housing Board and other authorities constituted by or with the permission of the State Government for providing housing accommodation;

(v)

deductions for such amenities and services supplied by the employer as the State Government may by general or special order authorise.

Explanation. - The words 'amenities and services' in this clause does not include the supply of tools and protectives required for the purposes of employment.

(vi)

deductions for recovery of advances or for adjustment of over payments of wages :

Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and, in no case, shall the monthly installment of deduction exceed one- fourth of the wages earned in that month.

(vii)

deductions of income-tax payable by the employed person;

(viii)

deductions required to be made by order of a court or other competent authority;

(ix)

deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Fund Act, 1925 applies or any recognised provident fund, as defined in section 58A of the Indian Income-Tax Act, 1922, or any provident fund approved in this behalf by the State during the continuance or such approval.

(x)

deductions for payment to cooperative societies or to a scheme of insurance approved by the Government;

(xi)

deductions for recovery or adjustment of amounts other than wages paid to the employed person in error or in excess of what is due to him;

(xii)

deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956, or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government;

Provided that the prior approval of the Inspector or any other officer authorised by the State Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions.

(3)

Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him :Provided that the total amount of fine imposed in any one wage period on an employed person shall not exceed 3.1/8% of the wages payable to him in respect of that period and further that the amount of deduction for damage to or loss of goods caused by an employed person shall not exceed the amount of the damage or loss caused to the employer.

(4)

The amount of fine or deduction mentioned in sub-rule (3), shall be such as may be specified by the State. All such deductions and all realisation thereof shall be recorded in a register maintained in [Form I and II] as the case may be. A return in Form III shall be submitted [2[by the employer to the Inspector by 15th of February each year.] [Substituted vide notification No. G.S.R. 351 (4)/F. 1(7)(9) L & E/66, dated 9-6-71, published in Rajasthan Gazette, Part 4-C(1), Ordinary, dated 28-10-1971.]

(5)

The amount of fine imposed under sub-rule (3), shall be utilised only for such purposes beneficial to the employees, as are approved by the State Government.

(6)

Nothing in this rule shall be deemed to effect the provisions of the Payment of Wages Act, 1936.

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