 the payment of wages (amendment) bill, 1964 bill further to amend the payment of wages act, 1936be it enacted by parliament in the fifteenth year of the republic of india as follows:-4 of 1936 1 (1) this act may be called the payment of wagel (amendment) act 1964' short title , and com-s (2) it shall come into force on such date as the central goy- menceemment may, by notiftcation in the ofilcial gazette, appoint ment z to sub-section (5) of section 1 of the payment of wages act, 1936 (hereinafter referred to as the principal act), the folljowing !:::~-proviso shall be added, namely: -section 1 10 "provided that in relation to any industrial establisliment owned by the central government, with objects not confined to one state, no such notification shall be issued except in consultation with that government" is i in section 2 of the principal act,-amed4-(i) for elause (i), the following clauses shaube substituted, ment of namely: -i secttoa le (i) "employed person" includes the legal representative of a deceased employed person; 458 (b) l&--1 (ia) "employer" includes the legal representative at a deceaaed employer; (ib) clfactory" means a factory 'as deftned in clause (m) of section 2 of the factories act, 1948 and includes any place 6s of 1948 to which the provisions of that act have been applied under s sub-section (1) of section 85 thereof;"; (ii) in clause (ii), for sub-clause (a), the following subclauses shall be substituted, namely:-"(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire 10 or reward; "(aa) air transport service other than such s~~ce belonging t~ or exc:ljusively employed- in the military, naval or air fcrces of the union or the civil aviation department of the government of india;"; is (iii) after clause (ii), the following clause shall be in$erted, namely:-'(iia) "mine" has the meaning assigned to it in clause 350l1952 (j) of sub-section (1) of section 2 of the mines act, 1952;'; (w) fm' elause (iii), the following clause shan be substi- 20 tuted, namely:-'·(iii) "plantation" has the meaning assigned to it in clause <f) of seeticm 2 of the plutations i:,abour act; 69 of 1951 1951;' amend-· ment of section 3 4 in section 3 of the principal act, in the pro:viso, for the words 25 "shall be responsible", the words clshall also be responsible" shall be illbstituted  5 in section 5 of the principal act,-amendment of section 5 (i) to sub-section (1), the following proviso shall be added, namely:-30 "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 ftn~ ~age account 0( the ~p or wagons loaded or unloaded, 8ft t~cue my be, ~u·be paid before the expiry of the seventh day from the day of such completion";,s (ii) to sub-section (2), the following proviso shall be added, iwdely:-"provided that where the employment of any person in an establ1shme~t is terminated due to the closure of the establishmellt 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 80 terminated"; (iii) in sub-section (3) ,-10 (a) after the brkckets and words "(otherwise than in a factory)", the words "or topel'lons employed as daily-rated workers in the public works department of the central government or the state government" shall be inserted; (b) the :fgllowing proviso shan be insertetl at the fond, mmely:-"provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the central government"; 10 (iv) in sub-section (4), for the words "all payments", the words, brackets and figure "save as otherwise provided in subsection (2), all payments" shall be substituted 8 in section 7 of the principal act,-(i) in sub-section (2) ,-amendment of section 7 (a) in sub-clause (e) and in sub-clause (j), after the words "state government", the words "or any officer specified by it in this behalf" shall be injerted; (b) for clause (f), the following clauses shal be substituted, namely:-30 "(f) deductions for recovery of advances of whatever nature (including advances for trave11ing allowance or conveyance allowance), and the interest due in respect thereof, or for adjustment of over-payments of wages; 35 (i) deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by the state government, and the interest due in respect thereof; uti) deductions for recovery of loans granted for house-building or other purposes approved by the state government, and the interest due in respect thereof;"; (c) after clause (k), the following clauses shall be inserted, namely:-s "(1) deductions for payment of insurance premia on fidelity guarantee bonds; (m) deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed per$o!l of counterfeit or bue coins or mutilated or forged currency notes; 10 (11) deductions for recovery of losses sustained by a railway administration on account of the failure of the employed, person to invoice, to bill, to collect or to account fm- the appropriate charges due to that is administration, whether in respect of fares, freight, de-murrage, wharfage and cranage or in respect of sale of food in catering establishments or in respect of sale of commodities in grain shops or otherwise; (0) deductions for recovery of losses sustained by 20 a railway adniinistration on account of any rebates or refunds incarrectly granted by the employed per8oit1 where such loss is directly 8·ttributable to his neglect or default"; (ii) after sub-section (2), the following sub-sections shall be inserted, name1y:-2s , (3) notwithstanding anything contained in this act, the total amount of deductions which may be made under sub-secticm (2) in any wage period fram the wages of any employed person shan not exceed-30 (i) in cases where such deductions are wholly or partly made for payments to co-operative societies under clause (j) of sub-section (2), seventy-ftve per cent of such wages, and (ii) in any other case, fifty per cent of such wages: 35 provided that where the total deductions authorts-pd under sub-section (2) exceed seventy-five per cent or, as the case may be, fifty per cent of the wages, the excess may be recovered in such manner u may be prescribed u 40 gfl890 , (i} nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than the indian railways act, 1890" 7 in section 10 of the principal act, for sub-section following sub-sections shall be substituted, namely:-(1), the amendment of tecam 10 10 "(1) a deduction under clause (c) or clause (0) of subaection (2) of section 7 shall not exceed the amount of the damage cxr loss caused to the employer by the neglect or default of the employed person 15 (1a) a deduction shall not be made under clause (c) or clause (m) or clause (n) or clause (0) of sub-section (2) of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions" 20 8 ln section 12 of the principal act, after clause (a), following clause shall ibe inserted, namely:-the amendment of section 12 "(aa) recovery of an advance of money given after employment began shall be subject to such conclitions as the state govenunent may impose;" 9 after section 12 of the principal act, the following shall be inserted, namely:-section lluiertion of new sectlen 12a 25 "12a deductions for recovery qf loans granted under deductions clause (fff) of sub-section (2) of section 7 shall be subject to for recoany rules made by the state government regulating the, extent ~::a of to which such loans may be granted and the rate of interest ' payable thereon" 30 10 after section 13 of the principal act, the following aection insertion sh ed i of new secall be insert , name y:-tion 13a "13a (1) every employer shall maintain such registers maintenand records giving such particulars of persons employed by anc~ of 'd th rel1sters him, the work performed by them, the wages p81 to em, and the deductions made from their wages, the receipts given by recorda them and such other particulars and ill such form as may be preecribed (2) every register and record required to be maintained under this section shau, for the purposes of this act, be proserveci for a period of three years after the date of the last entry made therein" auaend-11 in section 14 of the principal act, for sub-aeetiolll (4); the ment of following sub-sections shall be substituted, namely:-~1· "(4) an inspector may,-(a) make such examination and inqui:ry as he thinks tit in order to ascertain whether the provisions of this act or rules made thereunder are being observed; 10 (b) with such assistance, if any as he thinks fit, enter, inspect and search any premises of any railway, factory or industrial establishment for the purpose of carrying out the objects of this act; (c) supervise the payment of wages to persons employ- r 5 ed upon any railway or in any factory or industrial establi~h­ment; (d) require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this act and take on the spot or 20 otherwise statements of any persons which he may consider necessary for carrying out the purposes of this act; (e) seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe 25 hu been committed by an employer; <f) exercise such other powers as maybe prescribed; provided that no person shall be compelled under this subsection to answer any question or make any statement tending to incriminate himself (fa) the provisions of the code of criminal procedure, 1898 5 of 1898 shau, so far as may be, apply to any search or seizure under this stib-section as they apply to any search or seiz~ made under the authority of a warrant i~ued under settion 98 of the said code" 3s 5 12 after· aection 14 of the principal act, the following section shall  ~ mrted, namely: _   insertion ot new section 1~ "14a every employer shall afford an lnipector all reason- facilities a·ble facilities for making any entry, inspection, supervision, to be exammatlon or inquiry under this act" aiforded to inspectors 13 in section 15 of the principal act,-(i) in sub-section (1)-amendment of section 15 of 1947 (a) after the word "appoint", inserted, namely:-the following shan be 10 "a presiding officer of any labo~r couct or industrial tribunal, constituted under the indjlstrial disputes act, 197 or under any cofl'esponding law relating to the investigation and settlement of industrial disputes in follce in the state or"; is (b) for the words "or persons employed or ~ald in that area", the following shal be substituted namely!-"of persons employed or paid in that area, including all matters incidental to such claims: "provided that where tho state government con!l;iders it necessary 80 to do, it may d1)point more titan one authority for any ~~ifled area and may by general or spedal order, provfde for the distribution or alloeation of work to be performed by them under this act"; (ii) in sub-section (2), for the words "six months", wherever they occur, the words "twelve months" shan be substituted; (iii) in subsection (3), for the words "not exceeding ten rupees in the latter" the following shall be substituted, name-~- "not exceeding twenty-five rupees in the latter, and even 30 if the amount deducted or the delayed wages are paid before the disposal of the application, direct· the payment of such compensation, as the authority may think fit, not exceeding twenty-five rupees";  (w) for sub-6ection (4), the following sub-sections she!l b 35 substituted, namely:-"(4) if the authority hearing an application wider this section is satisfted-(a) that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application; or (b) that in any case in which compensation is directed to be paid under sub-section (3), the applicant 5 ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be paid to the state govemment by the employer or other person responsible for the payment of wages 10 (4a) where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such disputes shall be final (4b) any inquiry under this section shall be deemed to is be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code" 4501 amendmentof secti0l116 (i) ,in sub-section (1), after the words "and if", the words "deductions have ,been made from their wages in contravention 20 of this act for the same cause and during the same wage period or periods ,or if" shall be inserted; (ii) in sub-section (2), for the words, brackets and figures "the maximum compensation that may be awarded under subsection (3) of section 15 shall be ten rupees per head", the words, 2; brackets and figures "every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in sub-section (3) of section 15" shall be substituted  15 in section 17 of the principal act,-30 amendment of aection 11· (i) in sub-section (1) ,-(a) in clause (a), after the words "three hundred rupees", the words "or such direction has the e1fect of imposing on the employer or the other person a financial liability exceeding one thousand rupees" shall be inserted; 35 (b) for clause (b), the following clause shall be su~ti  tuted, namely:-s " (b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on pis behalf or any inspector under this act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or"; 10 (ii) after sub-section (1), the fallowing sub-section shell be inserted, namely:-"(1a) no appeal under clause (a) of su~ion (1) shan lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appel-i; lant lias deposited the amount payable under the direction appealed against"; (iii) after sub-section (2), the following sub-sections ihall be inserted, namely:-"(3) where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in sub-seclion (1) shall, pending the decision of the appeal, withhold payment of any sum in deposit with it (4) the court referred to in sub-section (1) may, if it 25 thinb fit, subzmt any question of law for the decision of the high court and, if it 90 does, shall decide the question in conformity with suich decision" 16 in section 17 a of tlie principal act, in sub-section (1), for the amend-words "any official of a registered trade union authorised in writing ~t of 30 to act on his 'behalf", the words, brackets and figures "any legal ~7a on practitioner or any ofllclal of a registered trade union authorised in writing to act on his behalf or any iinapector under this act or any other person permitted by the authority to make an application under sub-section (2) of section 15" shall be substituted 3s 17 section 19 of the principal act shall be omitted omlssiod of section 19 18 in section 20 of the principal act,-amendmerit of (i) in sub-section (1), for the words and figures "section 5 section 20 and sections 7 to 13", the words: figures and brackets "section ii  458 (b) is-2except sub-section (4) thereof, section 7, section 8 except subsection (8) thereof, section 9, section 10 except sub-section (2) thereof, end sections 11 to 13" shall be substituted;  (ti) in su~on (2), ,for the word and figure llsection 6", " 'the words, flsgu1iesand brackets clsui1weetton (4) of section 5, s ·seetion 6, sub-l8c'tion (8) of eeouon 8, ikib action (2) of section 10" shall be substituted; (iii) after sub-section (2), the following sub-sections shall be inserted, namely:- (3) whoever being required under this act to maintain 10 any records or registers or to furnish ~ny information or ~nm- (a) fails to maintain such register or record; or (b) wilfully refuses or without lawful excuse neglects to furnish such infionnation or return; or i, (c) wilfully furnishes or causes to be furnished any information or return which he knows to be 1alse; or , _ -(d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this act; 20 shall, for each such offence, be punishable with fine which may extend to five hundred rupees (4) whoever-(a) willfully obstructs en inspector in the discharge of bis duties under this act; or 2s (b) refuses or wflfully negleets toaftt>rd an 1mpeetor 8d1 reasonable facility for midmg by entry, inspeetton, exammation, supervision, otinquiry autt  by or under this act in nlationitoany nillway, factory or iijdustrial establishment; or 30 (oc), wilfuuy tefuaea to pt'oiiuce oil vle demmd 01 an inspector any register or other document kept m pursuance of this act; or (d) prevents or a1ltempts to prevent or does anytl:ung which he has any ~ to ·believe is likely to 35 prevent any person from appearing before or 'being examined by an inspector acting inpurauaue of bjj duties under this act; shall be punishable wilth fine which may ~ to five hundred rupees ,  5 (5) if any person who has been cormcted of any offence punishable under this act is again guilty of an offence involving contmvention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three months, or wd,th fine which may 10 extend to ode thousand rupees, or with both: provided that for the p1il'pose of 'bhie sub-eection, do cognizance shai1l ibe taken of any conviction made more than ,two years before the date on which the commission of the offence which is being punished came to the knowledge of is the klspector (6) if any person fails or wilfuhy neglects to pay the wages of any employed person by the date fixed by the authority in this behalf, he shall; without prejudice to any other action that may be taken against him, be' punishable 20 with an additional fine whicih lllby extend to fifty rupees for each day for which suc'h failure or neglect continues" i, in section 21 of the principal act, after sub-6ection (3), the amendfollowing sub-section shall be inserted, namely:-ment of section 21 "(3a) no court shall take cognizance of eny o1fe~ punishable under sub-section (3) or sub-section (4) of section 20 except on a complaint made by or with the sanction of an inspector under this aet" 10" after section 22 of the principal act, the following ihall,be inserted, namely:-section insertion afnewaectlon 22a "22a no suit, prosecution or other leg91 proceeding shall protection be against the government or any officer of :the government for of action anything which is in good faith done or intended u> be done taken in under this act" i 1000 faith n in section 24 of the principal act, after the word "railways", amend-35 the words "air transport services," shall be inserted ::: m  d in seotlon 26 of the 'principal act,-(i) in sub-section (3) ,-amendmentof ecti'on 26 (a) in clause (a), for the words uand prescribe the form thereof" the following words shall be substituted, namely:- prescribe !the form thereof and the particulars to 5 be entered in such registers or records"; (b) after clause (i), the following clauses shall be inserted, namely:-u (ia) presmibe the extent to wlhich loans may be granted and the 'l'i8te of interest payable thereon with 10 reference to section 12a; (ib) prescdbe the powers of inspectors for the purposes of this act;"; (c) in ckluse (k), the word "and" shah be omitted; (d) in clause (1), the word "and" shall be inserted at 15 the end; i (e) after clause' (l), the foltlowing clause shall be inserted, namely:- (m) provide for any other maltter which is to be or may be prescribed"; 20 (ii) after sub-section (5), the following sub-section shall be inserted, namely:-"(6) every rule made by the central government under this section sball be laid, as soon as may be after it is made, ,before each house of patliament while it is in session for a 2s total period of thirty days which may be comprised in one session or in twq successive sessions, and if, before the ex-'piry of ,the session in whioh it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should 35 not be made, the rule shall therwter have effect only in such modified form or be of no effect, as the case may be, bo, however, that any such modification ofl' amendment shell be without prejudice to the validity of anything previously c::iode udder that rule" 40 the payment of wages act, 1936, was enacted with a view to ensuring that wages actually disbutsable ito workers covered by the act are disbursed within the prescribed time-limilt and that employees get their full wages without any deduotilons not authorised by law though the act has been amended from time to time and certain major amendments were effected in 1957, the experience of the wormg of the act has revealed certain other difficulties with a view to removing these difficulties, it is now iproposed-(a) to widen the coverage of the act so as to make it appl!l-calble to all factories to which ,provisions of the factories act, 1948, have been extended by the state governments, (b) to include in the definition of 'industrial establishmenlt' air tr8i11spol'it services other than militall'y, nawl and adr forces and motor transport services, (c) to pennit deductions from wages of employees on account of grant of advances for various purposes such as purchase of cycles or grant of loans for ho~building purposes and loans from labour welfare fund, travelling allowance, etc, (d) to provide, as recommended ibythe public accounts committee, !for the recovery o<f losses to the railways due to acts of omission or commission on the part of the employees, ( e) to provide for the fixation of an outer limit for deductions from twages, (f) to enlarge the powers of inspectors so as to ensure proper inspection and better enforcement of the provisions of the act, and (g) to clarify that the ju:risdiction of the , authorities appointed to hear claim applications empowers them to decide incidental matters  these are broadly the main features of the amending bill opportundty has also been taken to make certain other amenmnents of a ~nor character the notes on clauses explain the vaxious changes proposed to be made d sanjivayya the 18th april, 1964  the constitution of india[copy of lettet no, 536/1/60-fac, dated the 28th april, 1964 trom shri d san;itx1yya, minister of labour and emplojimcnt to the secretary, lok sabha] i the president having been jnionned of the subjecl matter of tile proposed bill further to amend the payment of wages act, 1936 bas, in pul'iubdee <a cli!u8e (3) of article 117 of tm consututiion of iniha, recommended to lot sabha the oorajideration of the bill  c1ause 2-clause 2 lays down that the provisions of the act shall be extended to industrial estaibllshments owned by the centntl government with objects not confined to one state in consultation with the centtal government czause 3-c1ause 3 seeks to clarify certain terms and expressions wied in the aot and also to enlarge the coverage of the act so as to include civil air transport services and establishments declared as factories under section 85 of the factories act, 1948 clause 4  clause 4 il intended to make it clear that in addition to the ejlij)loyer, the manager, the supervisors, etc shall also be responsible for the payment of wages clause 5--c1ause 5 seeks to amend section 5 of the act the amendments proposed in this clause seeks to lay down that any balance of paymen'ts due on 8c1c'ou:dt of piece rates in certain cases shall be paid within seven days from itlae day of completion of calculation relating to piece rates, and that wages shall be paid before the expiry of the second day from the day of termination of employment in cases where an establisbmeat is closed down otherwise than in observance of a weekly or other recognised holiday one of the amendments to section 5 all1o" gives power to grant exemption to daily rated workers in the public works department from the provisions of section 5, which power, in the case of daily-rated employees of the public workb department, can be granted only in consultation with the central government clause 6-in sud-seetion (2) of section 7, in dauses (i!) and (;) the approval of the state· government i5 necessary now it is proposed to enable the state government to delegate the said power to any specified officer another amendment effected by clause 6 seeks to substitute clauses (f), (ff) and (iff) for clause (f) of sub-section (z)  the proposed clauses authorize deductions on account of advances of whatever nature, including ,advances for travelliqg qllowaace, conveyance allowance 8ild also in respect (if loans for bouse building purposes and loans from labour welfve fund this, c1j1use also, provides f(ir the recqvery of amounts for payment of insunnce premia on iideyty guarantee bonds and sums lost to rail-,i  ii:: m\is:~:~  : -- '-"" - _,-,  "", ways due to certain acts of omission or commission on the part of the employees this clause further provides for the deduction up to seventy-five per cent of the wages for payment to co-operative society and up to fifty per cent in other cases it_ is also laid down that recoveries under any other law are not precluded  clause 7-clause 7 provides that deductions under clause (c) or clause (0) of sub-sect,ion (2) of section 7 shall not exceed the amount of dmlage or los,s and the deductions under clause (c), clause (m), clause (n) or clause (0) shall not be made until the worker has been given an opportunity of showing cause against such deductions clatlbe 8-clause 8 provides for the imposition of conditions for deductions on account of advances given after employment clause 9-clause 9 seeks to provide for the framing of rules to regulate the grant of loans, etc claue lo-clause 10 provides for the maintenance of registers and records by the employers and the details connected therewith clause ll-clause 11 enlarges the powers of the inspector 80 as to render the enforcement of the provisions of the act more effective claue l2-clause 12 seeks to insert a new section 14a which would require the employer to afford all reasonable facilities to an inspector for making inspection, etc clause l3-the amendment made by this clause would enable the appointment of a presiding ofhcer of any labour court or industrial tribunal constituted under the industrial disputes act or other corresponding law as the authority under the payment of wages act and also clarifies that the authority under the act tlbn also decide matters incidental to claims arising out of delay in payment of wages, etc ' provision has also been inilde in this clause to empower the $tate government to appoint more than one authority in any specified area and to allocate or distribute work amongst them another change effected by this clause is to increase the timelimit for presentation of claim applications from six months to twelve months ' at present, the liaibility of the employer is to pay a compensation up to a maximum of rupees ,ten in cases of delay in paymen,t of wages it is now bein't increased to rupees twenty-five and it is also provided that the compensation shall be payable even in cases where the amount is paid before the disposal of the claim application the clause also seeks to provide for penalty in cases where the applicant ought not to have 'been made to seek redress under section 15 of the act  anothelr amendment effected by this clause is to empower the authority under the act to decide disputes concerning the legal representative of the employer or the employed person the clause also provides that an linquiry under section 15 shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code i clause 14~lause 14 seeks to ejgtend the facility of making a single applicatwn on behalf of any number of pel'riollb who are similarly affected in case of unauthorised deductions also some other changes of a consequential natu'l'e have also been made by this clause ' clause 15-clause 15 seeks to provide for appeals from a direction under section 15 which has the effect of irn(>osing on the employer a financial liability exceeding one thousand rupees the proposed change in clause (b) of sub-section (1) of section 17 would provide for appeal being filed by all persons who can fhe claim applications under sulb-section (2) of section 15 it would also enable an appeal being filed by an individual, if the amount involved is rupees twenty as against rupees fifty which is the existing limit a new sub-section (la) is being introduced efter sub-section (1) of section 17 witha view to providing that the memorandum for appeal filed by an employer shall be accompanied by a certificate to the effect that the atppelianlt has deposited the amount appealed against the proposed new sub-sections (3) and (4) provide that where an appeal is preferred by an employer, the authority shall, it directed by the appellate court, withhold eny sum in deposit with him the appellate court would also be entitled to submit any question of law for the decision of a high court clause 16-clause 16 seeks to authorise the same persons to act on behalf of ,the worker as are authorised under sub-section (2) of section 15 clause 17-the proposed omission of section 19 is consequential to the amendment of section 3 proposed in clause 4 468 (b)~ clause 19-clause 18 provides for the imposition of penalties tot non-maintenance of registers and records, non-sulbmission of correct returns, etc; it also provides for enhancement of the penalty in cases of continuing or repeated offences clause 19-clause 19 is self-explanatory clause 20-clause 20 seeks to insert a new section 22a with -  view to providing for protection to persons acting in good faith clause 21-olause 21 seeks to include air' transport service in lection 24 so as to bring it within the central sphere clause 22-clause 22 seeks to empower the state government to make rules in relation to certain additional matters necessitated by the other amendments made in the bill this clause also seeks to make the usual provision for the laying of ,the rules made under the act before parliament the payment of wages act, 1936, is administered by the state governments except in railways, mines and oil-fields where the act is em01"ced by the centrol government through the organisation of the chief labour commissioner (central)  clause 3 of the bill seeks to enlarge the coverage cyf the act by covering all establishments declared as factories under section 85 of the factories act, 1948, and by including within the definition of "industrial establishment" civil air transport service clause 13 of the bill seeks to empower the state government td appoint mdre than one authority in any specified area at present the authorities appointed by the state governments m-e alsd being appointed wthorities in respect 'of the central sphere undertakings in coillnection with the enforcement of dr compliance with these provisions in the central government/ sphere undertakings some e~ture from the consolidated fund 'of india may be involved in prdviding additional staff the amdunt likely td be invdlved 'on this accdunt may not exceed rs 25,000/-per annum  memorandum regarding delegated legislationclause 22 of the bill amends sub-section (3) of section 26 of the act to empower the state government to make rules in relation to certain additional matters the additional matters relate, inter alia, to the perticula!"s to be entered in the ~gisters and records, the extent to which loans may be granted for house building or other purposes approved by the state government and the interest payable thereon, and the powers of the inspector these matters pertain to procedure, form or detail and as such the delegation of legislative power is of a normal character '  extracts from the payment of wages act, 1938 (4 of 1936)  - •-short title, 1 (1) - - - - - - catent, com-~dcemft (5) the state government may, after giving three months' notice tion,app ica- at its intention of so doing, by notiflcatian in the official gazette, extend the provisions of this act or any of them to the payment of wages to any class of persons employed in any inc;h,lstria} ~blish­ment or in any class or group of industrial establishments , - - -- dcfinitiodi z in this act, unless there is anything repugnant in the subject or context,-(i) "factory" means a factory as defined in clause (~) ot section 2 of the factories act, 1948; 63 01 i~ (ii) "industrial establishment" means any-(a) tramway or motor omni:bus service - - - - - (iii) "plantation" means any estate which is maintained for the purpose of growing cinchona, rubber, coffee or tea, and oil which twenty~ve or more persons are employed for that purpose - - - - - ~:::,:b~li-3 every employer shan be responsible for the payment to persons mel!! of y employed by him of all wages required to be paid under this act: wild· provided that, in the case of persons employed (oth~ ulan by a contractor)-(a) in factqries, if a persot;l has been named as the man,ager of the factory under ciaw\e(t) of sub-secticm (1) of sectlqn 7 of the factories act, 1948, 6, of ina (b) in industrial establishments, if there is a person responsl,ble to the employer for the supervision and co$ol of the industrial establishment, (e) upon railways (otherwise than in factories), if the employer is the railway administration and 'the railway administration has nominated a person in this behalf for the local area concerned, ' the person so named, the person so responsible to the employer, ot the person so nominated, as the case may be, shall be responsible for such payment: - - - - - 5 (1) the wages of every person employed upon or in-(a) any railway, factory or industrial establishment upon or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, (b) any other railway, factory or industrial establishment, , mall 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) 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 (3) the state government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsrble for 1:he payment of wages to persons employed upon any railway (otherwise than in a factary) from the operation of this section in respect of the wages of any such persons or class of such persons (4) all payments of wages shall be made on a working day - - - - - 't •• ai) - - - - - dcductiodl which dlq' (2) deductions from the wages of an employed person shall be ~~:'e •  made only in accordance with the provisions of this act, and may be of the following kinds only, namely:-- - - - - - (e) deductions for such amenities and services supplied by the employer sa the state government may, by general or special arder authorise; ezplanation-the word "services" in this sub-clause does hoi include the supply of tools and raw materials required for the purposes of employment; (1) deductions tor recovery of advances or for adjustment or over-payments of wages; '" '" '" '" '" (j) deductions for payments to co-operative societies approved by the state government or to a scheme of insurance maintained by the indian post omce; and '" '" '" '" '" for damage or 10  10 (1) a deduction under clause (c) of sub-section (2) of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person and shall not be made until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the makina of such deductions '" '" '" '" '" 14  (1) '" '" '" '" '" (4) an inspector may, at all reasonable hours, enter on any premises, and make such examination of any register or docwnent relating to the calculation or payment of wages and take on the spot or otherwise such evidence of any person, and exercise such other power of inspectiqn, as he may deem necessary for carrying out the purposes of this act '" '" '" '" '" claim aria-15 (1) the state goverrunent may, by notification in the official ina out, of deductions gazette, appoint any commissioner for workmen's compensation or 'j d f c'vil c urt ~ from wrlet other officer with expenence as a u ge 0 a 1 0 or as a wo-of delay in penj~  ,",' magistrate to be the authority to hear and decide for any payment of  1 " , f d d ti f th wrle' and specified area all clalms ansmg out 0 e uc oils rom e wages, or 1o~2cioui delay in payment of the wages, of persons employed or paid· in that or 'vexatiou area claim, (2) where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment f  h o wages as been delayed such person himself, ,or any legal practide' th' d in wri+1  tioner or any official of a registered tra uruon au onse ~ to act on bis behalf, or any inspector under this act, or~y other person acting with the permission of the authority appointed under su:~tioli (i), may apply( to such authority for a direction under sub-section (3) : provided that every such application shall be presented within six months from" "the date on which the' deduction from the wages wu made or from the date on which the payment of the wages was due to be made, as the case may be : provt~ further that arty application may be admitted after the said period of six months wheil the applicant satisfies the authority that he had sufticient cause far not maklng the application within web period (3) when any application under, sub-section, (2) is entertained, the authority shall hear the applicant and the employer or other peison responsible for the payment of wages under section 3, or give them an opportwiity 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 ten rupees in the latter : provided that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to-(a) a bona fide etror or bona fide dispute as to the amount payable to the employed person, or (b) the occurrence of an emergency, or the existence of exceptional cii'cumstances, such that the person responsible for the payment of the wages was unable, though exe~is­ing reasonable diligence, to make prompt payment, or (~ the fallure of the employed perbod to apply for or accept payment (4) if the authority hearing any application under this section is satistled that it was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of" wages by the person presenting the "application sidile appli-18 (l) employed cation in   ' persons are ~ to belong to the same unpaid ~!f~~tf~~m group if they are borne on the same establishment and if their wages unpaid for the same wage-period or periods have remained unpaid after the ij'oup day fixed by section 6   , ,(2) a single application may be presented under section 15 on behalf, orin res~t of ~y number of employed persons belonging to the same unpaid group, and in such case the maximum com pens~tion th,t may be awarded under sub-section (3) of section 15 shall be ten rupees per head ' - - - - - appeal 17 (l) an appeal' against an order dismissing either wholly or in part an application made under sub-section (2) of section 15, or against a direction mad~under su:b-section (3) or sub-section (4) of that section may be preferred within thirty days of the date on which the order or direction was made, in a presidency-town before the court of small causes and e-lsewhere before the district court-(a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees, or (b) by an employed person or any official of a registeted trade union authorised in writing tei act on his behalf, if the total amount of wages claimed to have been withheld from the employed person or from the unpaid group to which the employed person belonged exceeds fifty rupees, or i ,' " ' ,l'l (1) where at any time after an application has been made ~~~:i wider' sub-section (2) of section 15 the authority ql" where at any of of propeny tbne after an appeal has' beenftled under section 17 ,by an employed employer  1 f  l---:i tr de  th ised  or other per- person or any officla 0 a regts~ a ,unjod au or 10 ~]: f:i'r':i- writing to act on his behalf the court referred to in that sechtion, is ment 0 satisfied that the employer or other person responsible for t e pay-wqei mentof wage9 under section 3' is likely to evade payment of any amount that may:be directed to be paid under section 15 or section 19 :the authority or the court, as the case may be, except in cases where the authority or court is 'of opinion that the ends: of justice would be defeated by the delay, after giving the employer or-other person m opportunity of being heard, may direct the attacpmen~ of so much of the property of the employer or other penon respo~ble for the payment of wages as is, in the opinion of the authonty or 458 (b)ls-4 count, sufficient to satisfy the amount which may be payable under the directionit when the authority referred to in section 15 or the court power to rereferred to in section 17 is unable to recover from any person (other =;:o~;nid than an employer) responsible under section 3 for the payment of certain calel wages any amount directed by such autharity wlder'section is or section 17 to be paid by such person, the autjtority shall recover the amount from the employer of the employed penon concerned 20 (1) whoever being responsible for the payment of wages to penalty for an employed person contravenes any of the provisions of any of the :~h:' a:"-following sections, namely, section 5 and sections 7 to 13, both inclusive, shall be punishable with fine which may extend to five hundred rupees (2) whover contravenes the provisions of section 4, section 6 or section 25 shall be punishable with fine which may extend to two hundred rupees   24 the powers by this act conferred upon the state gover- application ment shall, in relation to railways, mines and offields, be powers of railways, the central government     and offieldsd (1) - - - - - rulc-makina power (3) in particu·lar and without prejudice to the generality of the foregoilll ~w~f, rul,es made under sub-section (2) may-(4) require the maintenancct of s\lch records, registers, returns and ngticee as are ~ry fpr the ~nfc?rcement of the aet and prelcribed the form thereof; - - - - - (k) preacribe the amount of court-fees ~yfble pl re5pect of any proceedings wlder thli act; and (i) prescribe the abtttracts to be ~ontained in the aotic required, by section 25 - - - - - a bill further to amend the payment of wages act, 1936 (shri d sanjifjayya, minister of labour & employment) 