Payment of Wages Act,1936
Act No : 4
Section : FINES
SECTION 08: FINES
(1) No fine shall be imposed on any employed person save in , respect of such acts and omissions on his part as the employer with the previous approval of the 1[State] 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 is carried on or in the case of persons employed upon a 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 fine, 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 imposed in any one wage period on any employed person shall not exceed an amount equal to 2[three per cent of the wages] payable to him in respect of that wage-period.
(5) No fine shall be imposed on any employed person who is under the age of fifteen years.
(6) No fine imposed on any employed person shall be recovered from him by instalments or after the expiry of sixty days from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the persons responsible for the payment of wages under Section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the person employed in the factory or establishment as approved by the prescribed authority, 3[but in the case of any factory or establishment to which the Bombay Labour Welfare Fund Act, 1953, applies, all such realisations shall be paid into the Fund constituted under the said Act.]
Explanation. - When the, persons employed upon or in any railway, factory or 4[industrial or other establishment] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.
Footnotes:
1. These word was subs. for the word "Provincial", by the A.O of 1950
2. Subs. by Act 38 of 1982 (w.e.f. 15.10.1982).
3. Added by Bom 40 of 1953, S.23
4. Subs. by Act 38 of 1982, S.8(b) (w.e.f. 15.10.1982)
STATE AMENDMENTS
GUJARAT (BOMBAY AREA)
Same as that of Maharashtra
MAHARASHTRA
In its application to the Bombay Area of the State of Maharashtra, in Section 8, add the following to sub-section (8) before the Explanation, namely, "but in the case of any factory or establishment to, which the Bombay Labour Welfare Fund Act, 1953, applies, all such realisations shall be paid into the Fund constituted under the said Act" - Bom. Act XL of 1953, Section 23."
KARNATAKA
In its application to the State of Mysore, in Section 8, add the following before the Explanation, namely:-
Same as in Maharashtra, except for the title of the Act, which is, 'Mysore Labour Welfare Fund Act, 1965.-Mys. Act XV of 1965, Section 25 (5th August, 1965).
KERALA
In Sec.8 in its application to the State of Kerala, in sub-section (8) before the Explanation, the following proviso shall be inserted, namely:
"Provided that in the case of any establishment to which the Kerala Labour Welfare Fund Act, 1975, applies all such realisations shall be paid into the fund constituted under that Act." Kerala Act No. 11 of 1977, Section 43.
PUNJAB, HARYANA
See Proviso 11 to Section 10(2) of the Punjab Labour Welfare Fund Act, 1965 (Punj. Act XVII of 1965) and Act 31 of 1966, Section 88.
TAMIL NADU.
In Section 8 of the Payment of Wages Act, 1936 (Central Act IV of 1936), in sub-section (8), in the last sentence the following shall be added at the end, namely:
"but in the case of any establishment to which the Tamil Nadu Labour Welfare Fund Act, 1972 applies all such realisation shall be paid into the Fund constituted under the aforesaid Act." vide T.N. Act 36 of 1972.
UTTAR PRADESH
Add the following proviso to sub-section 8 of Section 8:
"Provided that in the case of any factory or establishment to which the UP. Welfare Fund Act, 1965 applies, all such realisations shall be paid into the Fund established under the said Act.-U.P. Act XIV of 1965, Section 23 (26th July, 1965).
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