For the completion of this study we don’t deserve all praise. First of all we are grateful to Allah. Any work like this credit must be goes to multiple people. Over the year, instructors of Jagannath University in the department of management studies have provided us valuable insights into the management, through their discussions and in attending various classes. This is our humble effort to present gratitude in writing this “Report on the Payment of Wages Act 1936” which we have truly drawn upon own experience as a student of BBA.
First and for most, we are indebted to Salma Akther, our course instructor of Industrial Law, for her generous guidance throughout the work. Her outstanding support, faith in us, and inspiration for this assignment, was a tower of strength in putting the pieces together and an unfailing source of cheer and encouragement.
We are deeply indebted to the authors whose book we have consulted in preparing this treatise. Our gratitude goes particularly to some people for their cooperation on whom we have surveyed, spontaneous help and constant guidance in carrying out the report.
Finally we would like to add a few more words saying that this report is prepared by novice and naturally there could be unwilling errors and omission which are exclusively ours.
Letter of Transmission
To,
Salma Akther
Lecturer
Department of Management Studies
Jagannath University
Subject: Submission of the Report On “The Payment of Wages Act 1936”
Dear Madam,
We are pleased to submit the report on “The Payment of Wages Act 1936”which was assigned to us by you as a part of “Industrial Law”, course no: 1215 outline.
We have take at most care to present this report and this report has been excellent outlet for combining theoretical and practical aspect.
Since this report is our first endeavor on this topic, inspire of our best effort there may be lacking a fault, we will be ready to accept any suggestion at any aspect of this report.
We have a great interest on this report and we will be highly motivated if this report meets your desired expectation. And we are always being ready to reply all inquires that you may have regarding this report.
Yours sincerely
Group: D
Sec: A
Department of Management Studies
Jagannath University
TABLE OF CONTENTS
The Payment of Wages Act, 1936 is a central legislation which has been enacted to regulate the payment of wages to workers employed in certain specified industries and to ensure a speedy and effective remedy to them against illegal deductions and/or unjustified delay caused in paying wages to them. It applies to the persons employed in a factory, industrial or other establishment or in a railway, whether directly or indirectly, through a sub-contractor. Further, the Act is not applicable to employees drawing wages up to taka 200/- a month. The Government is responsible for enforcement of the Act .Although the wages of an employed person shall be paid to him without deductions of any kind, the Act allows deductions from the wages of an employee on the account of the following:- (I) fines; (ii) absence from duty; (iii) damage to or loss of goods expressly entrusted to the employee; (iv) housing accommodation and amenities provided by the employer; (v) recovery of advances or adjustment of over-payments of wages; (vi) recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by the Government, and the interest due in respect thereof; (vii) subscriptions to and for repayment of advances from any provident fund;(viii) income-tax; etc. Fines and penalties shall be imposed for approved list of acts and omissions under the payment of wages act 1936. Hence, the main object of the Act is to eliminate all malpractices by laying down the time and mode of payment of wages as well as securing that the workers are paid their wages at regular intervals, without any unauthorized deductions.
Chapter -1
Introduction…
1.1 Origin of the report
This report is generated under the academic supervision of lecturer Salma Akther Department of Management studies of “Industrial Law (2115)” course of Jagannath University. The topic is “The Payment of Wages Act 1936.”
1.2 Methodology
The study is based on national perspective
Data received from web, journal, WB report, BBS, &CIA Fact Book and our reference book. Used Microsoft Word 2007
1.3 Objectives of the report
Broad Objectives:
The main objective of the study is to provide a overall view of the Payment system of wages act under 1936.
Specific Objectives:
To regulate the payment of wages to certain classes of employed persons. Its applications and penalties.
To review the existing laws relating to this act
To study the extent of the application of The Payment of Wages Act 1936 to suggest measures to improve the legal rights provisions of The Payment of Wages Act 1936
1.4 Scopes and Limitations of the study:
There is no computer lab in our department, where we can search the web for collecting information about this topic, so we had to face problem to collect information from outside source.
Sometimes govt. doesn’t share their confidential information in the web.
Due to the lacks of experiences, about getting information through survey and
web searching, there are some shortages of data to link up with this report.
Time was comparatively short.
Except these limitations there are also some scopes to prepare this report. Our teacher gratefully helps us to make structure of this report easily We can gather related information from our reference book
Group members are very cooperative
This report is not very high costed
We can easily collect information about this topic from the web.
Chapter-2
The Payment of Wages Act, 1936
History:
The Government of British India set up an Enquiry Commission in 1926 on complaint from workers regarding unreasonable deductions of wages The commission found that employers illegally withhold wages and unreasonably make deductions by the way of fine. The commission suggested some legislative measures to control the evils The Royal Commission of Labour appointed in 1929 according to the suggestion aforesaid Then according to the recommendation of that commission a bill that was circulated for eliciting opinion, but the same was lapsed presented in 1933 Another revised bill was prepared on the basis of lapsed bill and was circulated and the payment of wages Act was passed in 1936, that is came into force on the 28th march, 1937. The twofold objective of this act is-(1) distribute wage within the wage period and (2) give full wages to employers without any deduction. The payment of Wages Act 1936 remained in force during The Pakistan Regime and so also after the liberation of Bangladesh A major amendment was however made in the Act in 1980 vide the Payment of Wages (Amendment) Act, 1980 (Act No. XXVII of 1980).
The Act as amended has been made applicable upon employed persons, irrespective of quantum of wages and not applicable upon any person drawing Taka 200/- or more per month. Constructor’s establishment also has brought under the purview of this act. The other main provisions of the amending act are bringing the trial cases by the chairman of the Labour Courts who are ex-officio Authority under this Act, increasing compensation in case of deduction, recovery of amount directed to be paid as public demands and making the order Of the Payment of Wages Authority appealable to the Labour Appellate Tribunal. The Payment of Wages Act, 1936
The purpose of the Act :
The Payment of Wages Act, 1936 was enacted with a view “to regulate the payment of wages to certain classes of persons employed in industry”. The regulation contemporized by the Act is two-fold:
i. to ensure regular and prompt payment of wages within wage-period ii. to prevent exploitation of wage-earners by prohibiting arbitrary fines and deduction from wages and give full wages to the employers
Application of the Act
The payment of Wages Act, 1936 extends to the whole of Bangladesh. It came into operation of 3rd April, 1936. It applies in the first instance to the payment of wages to: i. persons employed in any factory;
ii. persons employed (otherwise than in factory) upon any railway by a railway administration, either directly or, through a subcontractor, by a person fulfilling a contract with railways administration; and iii. persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (iii) of section.
Wage: includes any remuneration-
Payable under any award or settlement between the parties or order of a Court; Over time work or holiday or any leave period;
Any additional remuneration under the terms of employers.
Wage does not includes any bonus, pension fund or provident fund, travelling
allowance and any gratuity
The Payment of Wages Act, 1936
An act to regulate the payment of wages to certain classes of persons employed in industry. Whereas it is expedient to regulate the payment of wages in certain classes of persons employed in the industry of Bangladesh.
Section 1 in the Payment of Wages Act, 1936
1. short title, commencement and applications
(1) This Act may be called the Payment of Wages Act, 1936.
(2) It extends to the whole of Bangladesh
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any factory, to persons employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub- contractor, by a person fulfilling a contract with a railway administration.
(5) The Government may, after giving three months’ notice of its intention of so doing, by notification 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 industrial establishment or class of industrial establishments. (6) This act shall apply to the payment of wages payable to any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person- a) Who is employed in a managerial or administrative capacity; or b) Who is been employed in a supervisory capacity performs, either by nature of the duties attached to the office or by reason of power vested in him, functions of managerial or administrative nature.
Section 2: The Payment of Wages Act, 1936
2. Definitions- In this Act, unless there is anything repugnant in the
subject or context,- (i) ” factory” means a factory as defined in clause (2) clause f of section 2 of the Factories Act, 1965. (ii) “Industrial or other establishment” means –
a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
b) dock, wharf or jetty;
c) inland ship as defined in the Inland shipping Ordinance,19769LXXII of 1976 The Payment of Wages Act, 1936
d) Mine, quarry or oilfield;
e) Plantation;
f) Workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;
g) Airlines,
h) Any constructors establishment for the purpose of trade and business including sub-constructors concerning constructor repair alteration or demolition of any building, road, tunnel, canal, or bridge or concerning, loading or unloading of cargo; (iii) ” plantation” means any estate which is maintained for the purpose of growing cinchona, rubber, coffee, or tea, and on which 25 or more persons are employed for that purpose; (iv) ” Prescribed” means prescribed by rules made under this Act; (v) ” Railway administration” has the meaning assigned to it in clause (6) of section 3 of the Indian Railways Act, 1890 (IX of 1890); and (vi) ” wages” means all remuneration capable of being expressed in terms of money or capable of being so expressed which would, if the terms of the contract of employment express or implied, were fulfilled be payable, whether conditionally upon the regular attendance, good work or conduct or other behavior of the person employed, or otherwise, to a person employed in respect of his employment, and includes any bonus or other additional remuneration of the nature aforesaid which would be so payable to such person by reason of the termination of his employment, but does not include-
a) the value of any house- accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the Government; b) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; c) any travelling allowance or the value of any travelling concession; d) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or e) any gratuity payable on discharge.
Section 3 in the Payment of Wages Act, 1936
3. Responsibility for payment of wages
Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act: Provided that, in the case of persons employed (otherwise than by a contractor)- a) in factories, if a person has been named as the manager of the factory under clause (f) of sub- section (1) of section 6 of the Factories Act, 1965. b) in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments;
c) 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, or the person so nominated, as the case may be, shall also be responsible for such payment.
Section 4 in the Payment Of Wages Act, 1936
4. Fixation of wage- periods
(1) Every person responsible for the payment of wages under section 3 shall fix periods (in this Act referred to as wage- periods) in respect of which such wages shall be payable. (2) No wage- period shall exceed one month.
Section 5 in the Payment Of Wages Act, 1936
(1)The wages of every person employed upon or in-
a) any railway, factory or industrial or other 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 or other establishment, shall 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 government may, by special order, exempt, to such extent or subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon the railway (otherwise than in a factory) from the operation of this section in respect of the wages of any such person or class of such persons (4)All payments of wages shall be made on a working day.
Section 6 in the Payment of Wages Act, 1936
6. Wages to be paid in current coin or currency notes- All wages shall be paid in current coin or currency notes or in bank cheque: Provided that the employer may, after obtaining the written authorization of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.
Section 7 in the Payment of Wages Act, 1936
7. Deductions which may be made from wages.-
(1) Notwithstanding the provisions of sub- section (2) of section 47 of the Indian Railways Act, 1890 (IX of 1890 ), the wages of an employed person shall be paid to him without deductions of any kind except those authorized by or under this Act. Explanation I – Every payment made by the employed person to the employer or his agent shall, for the purposes of this Act, be deemed to be a deduction from wages.
(2) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely- (a) fines;
(b) deductions for absence from duty;
(c) deductions for 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; (d) deductions for house- accommodation supplied by the employer
(e)deductions for such amenities and services supplied by the employer as the Government may, by general or special order, authorize.
Explanation III- The word” services” in this clause does not include the supply of tools and raw materials required for the purposes of employment; (f) deductions for recovery of advances or for adjustment of over- payments of wages; (g) deductions of income- tax payable by the employed person; (h) deductions required to be made by order of a Court or other authority competent to make such order; (i) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1925 (XIX of 1925) or any recognized provident fund as defined in section 58A of the Income Tax Act-1922 or any provident fund approved in this behalf by the Government, during the continuance of such approval; (j) deductions for payments to co- operative societies approved by the Government or any officer specified by it in this behalf or to a scheme of insurance maintained by the Bangladesh Post Office; and (k) deductions, made with the written authorization of the person employed, in furtherance of any war savings scheme, approved by the government, for the purpose of securities of the government of Bangladesh or the government of United Kingdom.
Section 8 in the Payment of Wages Act, 1936
8. Fines-
(1)No fines 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 government or of the prescribed authority, may have specified by notice under sub section(2) (2)A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment upon the railway (otherwise than in a factory), at the prescribed place or places. (3)No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fire, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines. (4)The total amount of fine which may be in any one wage-period on any employed person shall not be exceed an amount equal to 10 poisa in the taka of the wages payable to him in respect of the wage –period. (5)No fine shall be imposed on any employed person who is under the age of fifteen years. (6)No fine shall be imposed on any employed person shall be recovered by him by installments or after the expiry of sixty days from the day on which it is imposed. (7)Every fine shall be deemed to have been imposed on the day of act or omission in respect of which it was imposed. (8) All fines and all realizations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed; and all such realizations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority. Explanation- When the persons employed upon or in any railway, factory or industrial or other establishments are part only of a staff employed in the factory or establishment as are approved by the prescribed authority.
Section 9 in the payment of wages act 1936
9. Deductions for absence from duty –
1) Deductions may be made under clause (b) of sub-section (2) of section 7 only on account of the absence of an employed person from the place or places where by the terms of his employment, he is required to work such absence being for the whole or any part of the period during which he is so required to work.
(2) The amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wage-period for which the deduction is made in a larger proportion than the period for which he was absent bears to the total period within such wage-period during which by the terms of his employments he was required to work:
Provided that subject to any rules made in this behalf by the Government if ten or more employed persons acting in concert absent themselves without due notice (that is to say without giving the notice which is required under the terms of their contracts of employment) and without reasonable cause such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice.
Explanation: For the purposes of this section an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place he refuses in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances to carry out his work.
Section 10 in the payment of wages act 1936
10. Deductions for damage or loss
(1) A deduction under clause (c) or clause (o) 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. A deduction 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 making of such deductions.
(2) All such deductions and all realizations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed. Section 11 in the payment of wages act 1936
11. Deductions for services rendered
A deduction under clause (d) or clause (e) of sub-section (2) of section 7 shall not be made from the wages of an employed person, unless the house-accommodation amenity or service has been accepted by him as a term of employment or otherwise and such deduction shall not exceed an amount equivalent to the value of the house-accommodation amenity or service supplied and in the case of deduction under the said clause (e) shall be subject to such conditions as the Government may impose.
Section 12 in the payment of wages act 1936
12. Deductions for recovery of advances –
Deductions under clause (f) of sub-section (2) of section 7 shall be subject to the following conditions namely : (a) recovery of an advance of money given before employment began shall be made from the first payment of wages
in respect of a complete wage-period but no recovery shall be made of such advances given for traveling-expenses; (b)recovery of advances of wages not already earned shall be subject to any rules made by the government regulating the extent to which such advances may be given and the installments by which they may be recovered.
Section 13 in the payment of wages act 1936
13. Deductions for payments to co-operative societies and insurance schemes Deductions under clause (j) and clause (k) of sub-section (2) of section 7 shall be subject to such conditions as the Government may impose.
Section 14 in the payment of wages act 1936
14. Inspectors
(1) An Inspector of Factories appointed under sub-section (2) of section 9 of the Factories Act 1965 shall be an Inspector for the purposes of this Act in respect of all factories within the local limits assigned to him. (2) The Government may appoint Inspectors for the purposes of this Act in respect of all persons employed upon a railway (otherwise than in a factory) to whom this Act applies. (3) The Government may by notification in the Official Gazette appoint such other persons as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits within which and the class of factories and industrial or other establishments in respect of which they shall exercise their functions. (4) An Inspector may,
a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or rules made there under are being observed; b) with such assistance if any as he thinks fit enter inspect and search any premises of any railway factory or industrial or other establishment at any reasonable time for the purpose of carrying out the objects of this Act; c) supervise the payment of wages to persons employed upon any railway or in any factory or industrial or other establishment; d) require by a written order the production at such place as may be prescribed of any register maintained in pursuance of this Act and taken on the spot or 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 has been committed by an employer; f) exercise such other powers as may be prescribed :
g) Provided that no person shall be compelled under this sub-section to answer Any question or make any statement tending to incriminate himself. (5)Every Inspector shall be deemed to be a public servant within the meaning of Penal Code(XLV of 1860) Section 15 in the payment of wages act 1936
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims (1) The Government may by notification in the Official Gazette, appoint the Chairman of a Labour Court or any District Judge to be the authority to hear and decide for any specified area all claims arising out of deductions from the wages, of persons employed or paid in that area. (2) Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person or any payment of wages has been delayed such person himself or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any Inspector under this Act or any other 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 twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made as the case may be :
Provided further that any application may be admitted after the said period of twelve 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 other person responsible for the payment of wages under section 3 or give them an opportunity 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 25% of the wages of the employed person as compensation: 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 bonafide error 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 circumstances such that the person responsible for the payment of the wages was unable though exercising reasonable diligence to make prompt payment or c) the failure of the employed person to apply for or accept payment. (4) If the authority hearing an application under this section is satisfied – a) that the application was either malicious or vexatious the authority may direct that a penalty not exceeding fifty taka be paid to the employer or other person responsible for the payment of wages by the person presenting the application (5) Any amount directed to be paid under this section may be recovered as a public demand within the date specified by the authority, if the person entitled to such wages makes an application in this behalf to the authority concern.
Section 16 in the payment of wages act 1936
16. Single application in respect of claims from unpaid group (1) Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if deductions have been made from their wages in contravention of this Act for the same cause and during the same wage-period or periods or if their wages for the same wage-period or periods have remained unpaid after the day fixed by section 5. (2) A single application may be presented under section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group and in such case 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. (3) The authority may deal with any number of separate pending applications presented under section 15 in respect of persons belonging to the same unpaid group as a single application presented under sub-section (2) of this section and the provisions of that sub-section shall apply accordingly. Section 17 in the payment of wages act 1936
17. Appeal
(1) An appeal against a direction made under sub-section (3) or sub-section (4) of section 15 may be preferred, within thirty days of the date on which the order or direction was made, before the Labour Appellate Tribunal 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 taka or b. by an employed person , if the total amount of wages claimed to have been withheld from him or from the unpaid group to which he belonged exceeds fifty taka, or c. by any person directed to pay a penalty under sub-section 5 (sub-section 4)of section 15. (2)Save as provided in sub-section (1), any direction made under sub-section(3) or sub-section(4) of section 15 shall be final.
Section 18 in the payment of wages act 1936
18. Powers of authorities appointed under section 15
Every authority appointed under sub-section (1) of section 15 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 of Chapter XXXV of the Code of Criminal Procedure 1898 (V of 1898).
Section 19 in the payment of wages act 1936
19. Power to recover from employer in certain cases
When the authority referred to in section 15 or the Court referred to in section 17 is unable to recover from any person (other than an employer) responsible under section 3 for the payment of wages any amount directed by such authority under section 15 or section 17 to be paid by such person, the authority shall recover the amount from the employer of the employed person concerned. Section 20 in the payment of wages act 1936
20. Penalty for offences under the Act
(1) Whoever being responsible for the payment of wages to an employed person
contravenes any of the provisions of any of the following sections namely section 5 and section 7 to 13, both inclusive shall be punishable with fine which may extend to five hundred taka or with simple imprisonment which may extend to six months, or with both. (2) Whoever contravenes the provisions of section 4, section 6 or section 25 shall be punishable with fine which may extend to two hundred taka.
Section 21 in the payment of wages act 1936
21. Procedure in trial of offences
(1) No court, other than the authority appointed under sub-section (1) of section 15, shall try any person for an offence punishable under this Act. (2)The authority empowered under section 15 or the Labour Appellate Tribunal, as the case may be, shall- (a) before proceeding with the trial of any person for an offence punishable under sub-section (1) of section 20, determine in a summary way the question, if raised by any party, whether the default was due to- i. a bona fide error or bona fide dispute as to the amount payable to the employed person or ii. the occurrence of an emergency or the existence of exceptional circumstances such that the person responsible for the payment of the wages was unable though exercising reasonable diligence to make prompt payment or iii. the failure of the employed person to apply for or accept payment. (b) Subject to clause (a), take cognizance of an offence under this Act upon a complaint of facts constituting such offence. (3) No Court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rule made under section 26 except on a complaint made by or with the sanction of an Inspector under this Act. Provided that, no case, lying before a Court shall be withdrawn without the prior permission of the Chief Inspector of Factories. (4) In imposing any fine for an affiance under sub-section (1) of section 20 the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 15.
Section 22 in the payment of wages act 1936
22. Bar of suits
No Court shall entertain any suit for the recovery of wages or of any
deduction from wages in so far as the sum so claimed – (a) forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17; or (b) has formed the subject of a direction under section 15 in favor of the plaintiff; or (c) has been adjudged in any proceeding under section 15 not to be owned to the plaintiff; or (d) could have been recovered by an application under section 15.
Section 23 in the payment of wages act 1936
23. Contracting out
Any contract or agreement whether made before or after the commencement of this Act whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right. Section 24 in the payment of wages act 1936
24. Repealed
Power to recover from employer in certain cases- Rep. by the Payment of Wages (Amendment) Act, 1964 (53 of 1964), s. 17 (w.e.f.1-2-1965)
Section 25 in the payment of wages act 1936
25. Display by notice of abstracts of the Act
The person responsible for the payment of wages of persons employed in a factory shall cause to be displayed in such factory a notice containing such abstracts of this Act and of the rules made there under in English and in the language of the majority of the persons employed in the factory as may be prescribed.
Section 25 in the payment of wages act 1936
26. Rule-making power
(1) The Government may make rules to regulate the procedure to be followed by the authorities and courts referred to in sections 15 and 17. (2) The Government may by notification in the Official Gazette make rules for the purpose of carrying into effect the provisions of this Act. (3) In particular and without prejudice to the generality of the foregoing power
rules made under sub-section (2) may – a) require the maintenance of such records registers returns and notice as are necessary for the enforcement of the Act prescribe the form thereof; b) require the display in a conspicuous place on premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises; c) Provide for the regulate inspection of the weights measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them; d) prescribe the manner of giving notice of the days on which wages will be paid; e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed; f) prescribe the procedure for the imposition of fines under section 8 and for making of the deductions referred to in section 10; g) prescribe the conditions subject to which deductions may be made under the proviso the sub-section (2) of section 9; h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended; i) prescribe the extent to which advances may be made and the installments by which they may be recovered with reference to clause (b) of section 12; j) regulate the scales of costs which may allowed in proceedings under this Act; k) prescribe the amount of court-fees payable in respect of any proceedings under this Act; and l) prescribe the abstracts to be contained in the notices required by section 25; (4) In making any rule under this section the Government may provide that a contravention of the rule shall be punishable with fine which may extend to two hundred taka. (5) All rules made under this section shall be subject to the condition of previous publication and the date to be specified under clause (3) of section 23 of the General Clauses Act 1897 (X of 1897) shall not be less than three months from the date on which the draft of the proposed rules was published.
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