20. Claim
(1) The appropriate government may by notification in the Official Gazette appoint any Commissioner for Workmen’s Compensation or any officer of the Central Government exercising functions as a Labor Commissioner for any region or any officer of the State Government not below the rank of Labor Commissioner or any other officer with experience as a judge for a civil court or as a Stipendiary Magistrate to be the authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14 to employees employed or paid in that area.
(2) Where an employee has any claim of the nature referred to in sub-section (1) the employee himself or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any Inspector or any person acting with the permission of the authority appointed under sub-section (1) 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 minimum wages or other amount became payable :
Provided Further that any application may be admitted after the said period of six months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
(3) When any application under sub-section (2) is entertained the authority shall hear the applicant and the employer or give them an opportunity of being heard and after such further inquiry if any as it may consider necessary may without prejudice to any other penalty to which the employer may be liable under this Act direct –
(i) in the case of a claim arising out of payment of less than the minimum rates of wages the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid together with the payment of such compensation as the authority may think fit not exceeding ten times the amount of such excess;
(ii) in any other case the payment of the amount due to the employee together with the payment of such compensation as the authority may think fit not exceeding ten rupees;
and the authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.
(4) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious it may direct that a penalty not exceeding fifty rupees be paid to be employer by the person presenting the application.
(5) Any amount directed to be paid under this section may be recovered –
(a) if the authority is a Magistrate by the authority as if it were a fine imposed by the authority as a Magistrate or
(b) if the authority is not a Magistrate by any Magistrate to whom the authority makes application in this behalf as if it were a fine imposed by such Magistrate.
(6) Every direction of the authority under this section shall be final.
(7) Every authority appointed under sub-section (1) shall have all the powers of a civil court under the Code of Civil Procedure 1908 (5 of 1908) for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents and every such authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure 1898 (5 of 1898).
Section 21. Single application in respect of a number of employees
(1) Subject to such rules as may be prescribed a single application may be presented under section 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess or ten rupees per head as the case may be.
(2) The authority may deal with any number of separate pending applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly.
Section 22. Penalties for certain offences
Any employer who
(a) pays to any employee less than the minimum rates of wages fixed for that employee’s class of work or less than the amount due to him under the provisions of this Act or
(b) contravenes any rule or order made under section 13;
shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both :
Provided that in imposing any fine for an offence under this section the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20.
Section 22A. General provision for punishment of other offences
Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall if no other penalty is provided for such contravention by this Act be punishable with fine which may extend to five hundred rupees.
Section 22B. Cognizance of offences
(1) No court shall take cognizance of a complaint against any person for an offence –
(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part and the appropriate government or an officer authorized by it is this behalf has sanctioned the making of the complaint;
(b) under clause (b) of section 22 or under section 22A except on a complaint made by or with the sanction of an Inspector.
(2) No court shall take cognizance of an offence –
(a) under clause (a) or clause (b) of section 22 unless complaint thereof is made within one month of the grant of sanction under this section;
(b) under section 22A unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.
Section 22C. Offences by companies
(1) If the person committing any offence under this Act is a company every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director manager secretary or other officer of the company such director manager secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation : For the purposes of this section –
(a) “company” means any body corporate and includes a firm or other association of individuals and
(b) “director” in relation to a firm means a partner in the firm.
Section 22D. Payment of undisbursed amounts due to employees
All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.
Section 22E. Protection against attachment of assets of employer with government
Any amount deposited with the appropriate government by an employer to secure the due performance of a contract with that government and any other amount due to such employer from that government in respect of such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid.
Section 22F. Application of Payment of Wages Act 1936 to scheduled employments
(1) Notwithstanding anything contained in the Payment of Wages Act 1936 (4 of 1936) the appropriate government may by notification in the Official Gazette direct that subject to the provisions of sub-section (2) all or any of the provisions of the said Act shall with such modifications if any as may be specified in the notification apply to wages payable to employees in such scheduled employments as may be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1) the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.
Section 22F. Application of Payment of Wages Act 1936 to scheduled employments
(1) Notwithstanding anything contained in the Payment of Wages Act 1936 (4 of 1936) the appropriate government may by notification in the Official Gazette direct that subject to the provisions of sub-section (2) all or any of the provisions of the said Act shall with such modifications if any as may be specified in the notification apply to wages payable to employees in such scheduled employments as may be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1) the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.
Section 23. Exemption of employer from liability in certain cases
Where an employer is charged with an offence against this Act he shall be entitled upon complaint duly made by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if after the commission of the offence has been proved the employer proves to the satisfaction of the court-
(a) that he has used due diligence to enforce the execution of this Act and
(b) that the said other person committed the offence in question without his knowledge consent or connivance.
that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged :
Provided that in seeking to prove as aforesaid the employer may be examined on oath and the evidence of the employer or his witness if any shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution.
Section 24. Bar of suits
No court shall entertain any suit for the recovery of wages in so far as the sum so claimed –
(a) forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff or
(b) has formed the subject of a direction under that section in favor of the plaintiff or
(c) has been adjudged in any proceeding under that section not to be due to the plaintiff or
(d) could have been recovered by an application under that section.
Section 25. Contracting out
Any contract or agreement whether made before or after the commencement of this Act whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act.
Section 26. Exemption and exceptions
(1) The appropriate government may subject to such conditions if any as it may think fit to impose direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.
(2) The appropriate government if for special reasons it thinks so fit by notification in the Official Gazette direct that subject to such conditions and for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.
(2A) The appropriate government may if it is of opinion that having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area or to any establishment or a part of any establishment in a scheduled employment it is not necessary to fix minimum wages in respect of such employees of that class or in respect of employees in such establishment or such part of any establishment as are in receipt of wages exceeding such limit as may be prescribed in this behalf direct by notification in the Official Gazette and subject to such conditions if any as it may think fit to impose that the provisions of this Act or any of them shall not apply in relation to such employees.
(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.
Explanation : In this sub-section a member of the employer’s family shall be deemed to include his or her spouse or child or parent or brother or sister.
Section 27. Power of State Government to add to Schedule
The appropriate government after giving by notification in the Official Gazette not less than three months’ notice of its intention so to do may by like notification add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.
Section 28. Power of Central Government to give directions
The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.
Section 29. Power of Central Government to make rules
The Central Government may subject to the condition of previous publication by notification in the Official Gazette make rules prescribing the term of office of the members the procedure to be followed in the conduct of business the method of voting the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board.
Section 30. Power of appropriate government to make rules
(1) The appropriate government may subject to the condition of previous publication by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may –
(a) prescribe the term of office of the members the procedure to be followed in the conduct of business the method of voting the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees sub-committees and the Advisory Board;
(b) prescribe the method of summoning witnesses production of documents relevant to the subject-matter of the enquiry before the committees sub-committees and the Advisory Board;
(c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates;
(d) prescribe the time and conditions of payment of and the deductions permissible from wages;
(e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act;
(f) provide for a day of rest in every period of seven days and for the particulars to be entered in such registers and records;
(g) prescribe the number of hours of work which shall constitute a normal working day;
(h) prescribe the cases and circumstance in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day;
(i) prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records;
(j) provide for the issue of wage book and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips;
(k) prescribe the powers of Inspectors for purposes of this Act;
(l) regulate the scale of costs that may be allowed in proceedings under section 20 and
(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and
(n) provide for any other matter which is to be or may be prescribed.
Section 30A. Rules made by Central Government to be laid before Parliament
Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two successive sessions and if before the expiry of the session in which 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 not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
