Payment of Wages Act,1936
Act No : 4
Section : RESPONSIBILITY FOR PAYMENT OF WAGES
SECTION 03: 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:
1[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 7 of the Factories Act, 1948 (63 of 1948) then the person so named, the employer jointly or severally;
(b) 2[in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishment;]
(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, 3[shall also be responsible] for such payment.]
Footnotes:
1 This proviso was substituted by Born. 62 of 1953, S.2
2 Subs. by Act 38 of 1982, S.5 (w.e.f. 15.10.1982)
3 Subs. by Act No-53 of 1964 (w.e.f. 1.2.1965)
STATE AMENDMENTS
GUJARAT
Same as that of Maharashtra. (Guj. Act 26 of 1961)
KARNATAKA
Amendment made by Bom.Act 62 of 1953 in force in Belgaum area repealed by Karnataka Act 2 of 1977.
MADHYA PRADESH
Section 3: Amendment of Section 3 - for the proviso to Section 3 of the Principal Act, the following proviso shall be substituted, namely:
"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
(j) of sub-section (1) of Section 7 of the Factories Act, 1948, (63 of 1948), then the person so named and the employer jointly and severally;
(b) in industrial establishment, it there is a person responsible to the employer for the supervision and control of the Industrial establishment, than the person so responsible and the employer jointly and severally;
(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 then the person so nominated; shall be responsible for such payment." [Vide M.P. Act XI of 1964].
MAHARASHTRA
Amendment of Section 3 of the Act IV of 1936
- In Section 3 of the Payment of Wages Act, 1936 (hereinafter referred to as the. said Act), for the proviso the following shall be substituted, namely.
"Provided that, in the case of persons employed otherwise than by a Contractor,- I
(a) in factories, if a person has been named as the manager of the factory, under clause (j) of sub-section (1) of Section 7 of Factories Act, 1948 (LXIII of 1948) then the person so named, the employer jointly or severally,
(b) in industrial establishment, if there is a person responsible to the employer for the supervision and control of the industrial establishment then the person so responsible and employer, jointly and severally-,
(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 then the person so nominated, shall be responsible for such payment." (Vide Acts LXII of 1953 and XIII of 1961).
Read All Comments
