Intended for the completing this examine we don’t deserve all praise. First of all we are pleased to Jahve. Any job like this credit must be goes toward multiple people. Over the year, instructors of Jagannath University in the department of supervision studies have got provided us valuable information into the administration, through their particular discussions in addition to attending numerous classes. This is our simple effort to present gratitude in writing this “Report on the Repayment of Salary Act 1936 which we certainly have truly driven upon personal experience like a student of BBA.
First and for most, we are delinquent to Corpo Akther, our course teacher of Industrial Rules, for her good guidance through the entire work. Her outstanding support, faith in us, and inspiration just for this assignment, was obviously a tower of strength in putting the pieces with each other and an unfailing supply of cheer and encouragement.
We are deeply indebted to the authors whose publication we have conferred with in planning this treatise. Our honor goes particularly to some persons for their cooperation on who we have selected, spontaneous support and regular guidance in carrying out the report.
Finally we would like to include a few more terms saying that this kind of report is usually prepared by novice and obviously there could be unwilling errors and omission that are exclusively mine.
Letter of Transmission
To
Salma Akther
Lecturer
Department of Management Studies
Jagannath University
Subject matter: Submission of the Report On “The Payment of Wages Act 1936
Dear Madam
We are very happy to submit the report in “The Repayment of Pay Act 1936which was designated to us by you as a part of “Industrial Law, training course no: 1215 outline.
We have take for the most part care to provide this survey and this record has been good outlet for combining assumptive and useful aspect.
Due to the fact that this report can be our initially endeavor about this topic, inspire of our ideal effort there can be lacking a fault, we will be ready to recognize any recommendation at any part of this record.
We have an excellent interest with this report and we will be very motivated if this survey meets your desired requirement. And we are always being all set toreply all inquires you will probably have regarding this report.
Yours sincerely
Group: D
Securities and exchange commission’s: A
Department of Management Research
Jagannath University
TABLE OF CONTENTS
The Payment of Wages Action, 1936 can be described as central laws which has been enacted to regulate the payment of wages to workers utilized in certain particular industries and ensure a speedy and effective solution to them against illegitimate deductions and/or unjustified delay caused in paying income to them. It applies to the people employed in a factory, commercial or other establishment or stuck in a job railway, whether directly or indirectly, through a sub-contractor. Even more, the Take action is not applicable to employees pulling wages up to taka 200/- a month. The Government is responsible for enforcement of the Take action. Although the income of an utilized person will be paid to him devoid of deductions of any kind, the Act enables deductions from your wages of the employee for the account with the following: – (I) fees; (ii) shortage from responsibility; (iii) problems for or loss in goods expressly entrusted for the employee; (iv) housing lodging and services provided by company; (v) recovery of improvements or modification of over-payments of wages; (vi) restoration of loans made from virtually any fund constituted for the welfare of labour relative to the rules given the green light by the Government, plus the interest thanks in respect thereof; (vii) subscribers to as well as for repayment of advances from any provident fund; (viii) income-tax; and so forth Fines and penalties will probably be imposed for approved list of acts and omissions underneath the payment of wages take action 1936. Therefore, the main object of the Take action is to remove all malpractices by setting up the time and mode of payment of wages and also securing the fact that workers will be paid their very own wages in regular intervals, without any unauthorized deductions.
Part -1
Introduction¦
1 . 1 Origins of the statement
This record is generated under the academic supervision of lecturer Corpo Akther Section of Management studies of “Industrial Rules (2115) span of Jagannath University or college. The topic is usually “The Payment of Wages Act 1936.
1 ) 2 Strategy
The study is based on countrywide perspective
Data received from world wide web, journal, WB report, BBS, &CIA Simple fact Book and our guide book. Employed Microsoft Expression 2007
1 . several Objectives with the report
Wide-ranging Objectives:
The key objective of the study is usually to provide a overall view with the Payment system of wages work under 1936.
Specific Aims:
To regulate the payment of wages to certain classes of applied persons. The applications and penalties.
To review the present laws relating to this act
To study the extent with the application of The Payment of Wages Act 1936 to suggest steps to improve the legal rights conditions of The Repayment of Wages Act 1936
1 . 4 Scopes and Limitations in the study:
There is no computer system lab inside our department, exactly where we can search the web intended for collecting details about this matter, so there were to face difficulty to collect info from outside the house source.
Sometimes govt. will not share all their confidential data in the net.
Due to the does not have of experiences, about having information through survey and
world wide web searching, there are several shortages of information to hyperlink up with this kind of report.
The time has been the time hath been comparatively short.
Other than these limitations there are also a few scopes to prepare this record. Our tutor gratefully will help us for making structure of the report conveniently We can collect related data from our guide book
Group members are incredibly cooperative
This report is not very high costed
We could collect information regarding this theme from the web.
Chapter-2
The Payment of Pay Act, 1936
History:
The Government of British India set up a great Enquiry Percentage in 1926 on issue from workers regarding silly deductions of wages The commission identified that organisations illegally withhold wages and unreasonably make deductions by the way of great. The commission suggested a lot of legislative steps to control the evils The Royal Percentage of Labour appointed in 1929 based on the suggestion aforesaid Then according to the recommendation of this commission a bill that was circulated intended for eliciting judgment, but the same was lapsed presented in 1933 One other revised costs was prepared on the basis of lapsed bill and was distributed and the repayment of wages Act was passed in 1936, that is certainly came into force on the 30th march, 1937. The twofold objective of this act is-(1) distribute income within the income period and (2) give full wages to business employers without any deduction. The payment of Pay Act 1936 remained in force during The Pakistan Regime therefore also following the liberation of Bangladesh A serious amendment was however produced in the Act in 1980 vide the Payment of Wages (Amendment) Act, 1980 (Act Number XXVII of 1980).
The Act as amended has been produced applicable after employed folks, irrespective of segment of salary and not relevant upon anyone drawing Taka 200/- or maybe more per month. Constructor’sestablishment also has brought under the purview of this action. The additional main conditions of the amending act are bringing the trial cases by the chairman in the Labour Courts who are ex-officio Authority under this Act, raising compensation in the case of deduction, restoration of sum directed to end up being paid while public demands and producing the purchase Of the Repayment of Pay Authority appealable to the Labour Appellate Tribunal. The Payment of Income Act, 1936
The purpose of the Act:
The Payment of Wages Work, 1936 was enacted expecting to “to regulate the repayment of income to selected classes of persons employed in industry. The regulation contemporized by the Take action is two fold:
i. to make sure regular and prompt repayment of income within wage-period ii. to avoid exploitation of wage-earners simply by prohibiting arbitrary fines and deduction by wages and give full pay to the organisations
Application of the Act
The payment of Wages Act, 1936 reaches up to the whole of Bangladesh. It came into operation of 3 rd April, 1936. It applies in the first instance to the payment of wages to: i. persons employed in virtually any factory;
ii. persons applied (otherwise than in factory) upon any train by a train administration, both directly or perhaps, 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 offer (iii) of section.
Wage: includes virtually any remuneration-
Payable below any prize or pay out between the functions or buy of a Courtroom; Over time work or holiday break or any keep period;
Any additional remuneration under the terms of companies.
Wage would not includes any bonus, monthly pension fund or provident finance, 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 sector. Whereas it really is expedient to regulate the repayment of income in certain classes of folks employed in the industry of Bangladesh.
Section 1 inside the Payment of Wages Act, 1936
1 . short title, commencement and applications
(1) This Work may be named the Payment of Wages Act, 1936.
(2) It reaches up to the whole of Bangladesh
(3) This shall enter into force upon such particular date as the us government may, simply by notification in the Official Feuille, appoint. (4) It does apply in the first instance towards the payment of wages to persons employed in any manufacturing plant, to folks employed (otherwise than in a factory) after any railway by a railway administration or, either straight or through a sub- builder, by a person fulfilling an agreement with a train administration.
(5) The Government might, after offering three months’ notice of its goal of so doing, by simply notification inside the Official Feuille, extend the provisions on this Act or any of them towards the payment of wages to the class of persons used in any commercial establishment or class of business establishments. (6) This work shall apply to the payment of wages payable to any person which include an apprentice employed in any shop, business establishment or perhaps industrial organization to do any kind of skilled, unskilled, manual, technical, trade promotional or paperwork work for retain the services of or praise, whether the conditions of career be exhibit or implied, but does not include any such person- a) Who will be employed in a managerial or administrative ability; or b) Who is recently been employed in a supervisory capability performs, possibly by nature in the duties mounted on the office or perhaps by reason of power vested in him, functions of managerial or administrative nature.
Section 2: The Payment of Wages Work, 1936
installment payments on your Definitions- From this Act, until there is nearly anything repugnant inside the
subject matter or context, – (i) factory means a factory because defined in clause (2) clause farreneheit of section 2 in the Factories Act, 1965. (ii) “Industrial or other establishment means “
a) tramway service, or motor transfer service involved in carrying passengers or merchandise or both by street for hire or reward;
b) boat dock, wharf or perhaps jetty;
c) inland ship because defined inside the Inland delivery Ordinance, 19769LXXII of 1976 The Payment of Pay Act, 1936
d) Mine, scrape or oilfield;
e) Plantation;
f) Workshop or different establishment by which articles will be produced, tailored or produced, with a view to their use, transportation or sale;
g) Airlines
h) Any constructors institution for the purpose of trade and business including sub-constructors concerning constructor repair change or demolition of virtually any building, road, tunnel, channel, or link or with regards to, loading or unloading of cargo; (iii) plantation means virtually any estate which is maintained for the purpose of growing cinchona, rubber, caffeine, or tea, and on which usually 25 or more persons are employed for that purpose; (iv) Prescribed means prescribed by simply rules manufactured under this Act; (v) Railway administration provides the meaning assigned to this in term (6) of section three or more of the Indian Railways Take action, 1890 (IX of 1890); and (vi) wages means all remuneration competent of being portrayed in terms of cash or competent of being and so expressed which usually would, in case the terms of the contract of employment share or intended, were fulfilled be payable, whether conditionally upon the standard attendance, good work or conduct or other habit of the person employed, or perhaps, to a person employed in value of his employment, and includes virtually any bonus or perhaps other added remuneration from the nature aforesaid which will be so payable to this sort of person by reason of the termination of his job, but will not include-
a) the value of any kind of house- holiday accommodation, or from the supply of light, water, medical attendance or perhaps other facility or of any service excluded from the computation of wages with a general or special order of the Authorities; b) any contribution paid by the company to any monthly pension or provident fund, and the interest which might have built up thereon; c) any traveling allowance or perhaps the value of any exploring concession; d) any quantity paid for the employed person to defrayspecial expenses required on him by the nature of his employment; or e) virtually any gratuity payable on relieve.
Section several in the Payment of Wages Act, 1936
several. Responsibility pertaining to payment of wages
Every employer shall be responsible for the payment to folks employed by him of all wages required to end up being paid under this Act: Provided that, when it comes to persons applied (otherwise than by a contractor)- a) in factories, when a person has been named while the administrator of the manufacturer under term (f) of sub- section (1) of section six of the Industrial facilities Act, 1965. b) in industrial or other institutions, if there is a person responsible to the employer for the supervision and control of the commercial or other establishments;
c) upon railways (otherwise as compared to factories), in the event the employer is a railway supervision and the train administration provides nominated a person from this behalf pertaining to the local region concerned; the individual so known as, the person thus responsible towards the employer, or maybe the person and so nominated, while the case could possibly be, shall also be responsible for this kind of payment.
Section 4 in the Payment Of Wages Act, 1936
4. Fixation of wage- periods
(1) Everybody responsible for the payment of wages under section a few shall resolve periods (in this Work referred to as wage- periods) in regards to which this kind of wages should be payable. (2) No wage- period shall exceed a month.
Section 5 in the Payment Of Pay Act, 1936
(1)The wages of each person applied upon or in-
a) any railway, factory or commercial or additional establishment after or through which less than one thousand persons are employed, shall be paid before the expiry of the seventh day, b) any other train, factory or industrial or other organization, shall be paid out before the expiry of the 10th day, after the last day time of the wage- period in respect of which the income are payable. (2)Where the employment of any person is terminated simply by or on behalf of the employer, the wages earned by him shall be paid before the expiration of the second working day in the day where his job is terminated.
(3)The government might, by particular order, exempt, to these kinds of extent or subject to such conditions because may be particular in the purchase, the person accountable for the repayment of pay to persons employed after the railway (otherwise than in a factory) from the operation of this section in respect of the wages of any such person or category of such persons (4)All payments of wages should be made on the working day.
Section 6 in the Payment of Wages Act, 1936
6. Pay to be paid out in current coin or currency notes- All income shall be paid out in current coin or currency remarks or in bank talón: Provided that the employer may, following obtaining the drafted authorization from the employed person, pay him the salary either by cheque or perhaps by crediting the wages in his savings account.
Section several in the Repayment of Salary Act, 1936
several. Deductions which may be made from wages. –
(1) Notwithstanding the procedures of sub- section (2) of section 47 in the Indian Railways Act, 1890 (IX of 1890 ), the pay of an used person will probably be paid to him with out deductions of any kind except those certified by or under this Act. Description I ” Every payment made by the employed person to the company or his agent shall, for the purposes on this Act, end up being deemed as a deduction via wages.
(2) Deductions through the wages of the employed person shall be produced only in accordance with the procedures of this Act, and may carry the following varieties only, namely- (a) fees;
(b) deductions intended for absence via duty;
(c) rebates for harm to or loss in goods expressly entrusted towards the employed person for custody, or intended for loss of funds for which he’s required to bank account, where these kinds of damage or perhaps loss can be directly owing to his forget or arrears; (d) rebates for house- accommodation supplied by the employer
(e)deductions for these kinds of amenities and services given by the employer as the Government may, by general or particular order, allow.
Explanation III- The word services with this clause is not sold with the supply of tools and raw materials necessary for the uses of work; (f) deductions for restoration of improvements or intended for adjustment of over- obligations of wages; (g) reductions of income- tax payable by the utilized person; (h) deductions necessary to be made by simply order of a Court or other specialist competent for making such order; (i) rebates for subscriptions to, and for repayment of advances by any provident fund to which the Provident Funds Action, 1925 (XIX of 1925) or any recognized provident finance as identified in section 58A in the Income Tax Act-1922 or any provident fund approved in this behalf by the Government, during the continuation of these kinds of approval; (j) deductions for payments to co- operative societies approved by the Government or any type of officer specific by it from this behalf as well as to a system of insurance maintained by Bangladesh Mailbox; and (k) deductions, made with the crafted authorization of the person used, in promotion of any kind of war financial savings scheme, given the green light by the government, when it comes to securities of the government of Bangladesh and also the government of United Kingdom.
Section 8 inside the Payment of Wages Action, 1936
8. Fines-
(1)No fines will be imposed on any utilized person save in respect of this kind of acts and omissions in the part because the employer, together with the previous endorsement of the authorities or in the prescribed expert, may include specified by notice under sub section(2) (2)A detect specifying such acts and omissions will probably be exhibited in the prescribed fashion on the premises in which the work upon the railway (otherwise than in a factory), with the prescribed place or spots. (3)No great shall be imposed on any employed person until this individual has been given the opportunity of exhibiting cause up against the fire, or otherwise than in compliance with such procedure since may be recommended for the imposition of fines. (4)The total quantity of great which may be in different one wage-period on any kind of employed person shall not always be exceed a sum equal to 15 poisa inside the taka of the wages payable to him in respect of the wage”period. (5)No fine should be imposed upon any utilized person who is definitely under the regarding fifteen years. (6)No fine shall be made on virtually any employed person shall be reclaimed by him by repayments or after the expiry of sixty days and nights from the day on which it is imposed. (7)Every fine shall be deemed to acquire been enforced on the day of act or perhaps omission in respect of which it had been imposed. (8) All fees and all realizations thereof will probably be recorded within a register to get kept by person accountable for the payment of wages under section 3 in such kind as can be prescribed; and all such realizations shall be utilized only to such purposes good for the folks employed in the factory or establishment as are approved by the prescribed authority. Explanation- When the people employed after or in different railway, stock or commercial or other establishments are part just of a staff employed in the factory or organization as are given the green light by the approved authority.
Section 9 inside the payment of wages act 1936
9. Deductions for deficiency from responsibility “
1) Rebates may be manufactured under terms (b) of sub-section (2) of section 7 simply on account of the absence of a great employed person from the place or places where by the terms of his employment, he is required to function such deficiency being for the whole or any part of the period when he is thus required to job.
(2) The quantity of such discount shall in no case bear to the wages payable to the utilized person in regards to the wage-period for which the deduction is made in a bigger proportion compared to the period that he was lacking bears for the total period within these kinds of wage-period where by the conditions of his employments having been required to function:
Provided that controlled by any guidelines made in this behalf by Government if ten or maybe more employed individuals acting in concert absent themselves without due notice (that is to state without offering the detect which is essential under the conditions of their deals of employment) and without fair cause such deduction by any such person may include this kind of amount not exceeding his wages to get eight days and nights as may by such terms become due to the company in lieu of because of notice.
Explanation: For the purposes with this section an employed person shall be regarded to be lacking from the place where he is necessary to work if perhaps, although present in such place he refuses in pursuance of a stay-in strike or perhaps for any different cause that is not reasonable in the circumstances to undertake his function.
Section 12 in the payment of pay act 1936
12. Deductions for damage or loss
(1) A deduction below clause (c) or term (o) of sub-section (2) of section 7 will not exceed the quantity of the damage or perhaps loss caused to the company by the disregard or default of the applied person. A deduction will not be made before the employed person has been given a chance of showing cause against the deduction or else than in agreement with such procedure while may be approved for the making of such reductions.
(2) Most such deductions and all realizations thereof will be recorded within a register to be kept by the person accountable for the repayment of pay under section 3 in such kind as may be prescribed. Section 11 in the payment of wages action 1936
14. Deductions intended for services delivered
A deduction beneath clause (d) or offer (e) of sub-section (2) of section 7 will not be made in the wages of your employed person, unless the house-accommodation service or services has been acknowledged by him as a term of employment or otherwise and such deduction shall not exceed a quantity equivalent to the value of the house-accommodation amenity or perhaps service provided and in the case of discount under the stated clause (e) shall be subject to such conditions as the Government may inflict.
Section 12 in the repayment of salary act 1936
doze. Deductions for recovery of advances “
Reductions under offer (f) of sub-section (2) of section 7 shall be subject to the subsequent conditions particularly: (a) recovery of an progress of money presented before work began should be made from the first payment of income
in respect of a complete wage-period but simply no recovery shall be made of such advances presented for traveling-expenses; (b)recovery of advances of wages not really already attained shall be be subject to any rules made by the federal government regulating the extent that such advances may be presented and the installments by which they might be recovered.
Section 13 in the payment of wages act 1936
13. Deductions for payments to co-operative societies and insurance schemes Deductions underneath clause (j) and term (k) of sub-section (2) of section 7 will be subject to this sort of conditions as the Government may impose.
Section 14 in the payment of wages work 1936
14. Inspectors
(1) An Inspector of Industrial facilities appointed under sub-section (2) of section 9 of the Factories Action 1965 will be an Inspector for the purposes of this Act in regards to all industrial facilities within the regional limits given to him. (2) The us government may designate Inspectors to get the functions of this Action in respect of every persons employed upon a railway (otherwise than in a factory) to whom this Work applies. (3) The Government might by warning announcement in the Standard Gazette designate such other persons since it thinks suit to be Inspectors for the purposes on this Act and may define the local limits within just which as well as the class of factories and industrial or perhaps other establishments in respect of that they can shall physical exercise their capabilities. (4) An Inspector may possibly
a) help to make such assessment and inquiry as he feels fit in order to ascertain if the provisions on this Act or rules produced there under are becoming observed; b) with these kinds of assistance in the event that any when he thinks fit enter examine and search any property of any kind of railway stock or commercial or additional establishment at any reasonable time for the purpose of carrying out the things of this Action; c) watch over the repayment of wages to individuals employed after any railway or in different factory or perhaps industrial or other institution; d) need by a crafted order the production at such place as may be approved of any kind of register preserved in pursuance of this Work and used on the spot or perhaps statements of any people which he may consider essential for carrying out the purposes with this Act; e) seize or take clones of these kinds of
registers or documents or servings thereof when he may consider relevant in regards to an offence under this Act which will he features reason to think has been fully commited by a company; f) work out such various other powers as may be prescribed:
g) Provided that no person will be compelled under this sub-section to answer Any question or make any kind of statement maintaining incriminate himself. (5)Every Inspector shall be considered to be a open public servant in the meaning of Penal Code(XLV of 1860) Section 15 in the repayment of income act 1936
15. Says arising out of reductions from salary or wait in repayment of income and charges for malicious or vexatious claims (1) The Government might by notice in the Established Gazette, appoint the Leader of a Time Court or any type of District Assess to be the power to hear and decide for any kind of specified area all claims arising away of reductions from the income, of persons employed or perhaps paid for the reason that area. (2) Where from the provisions with this Act any kind of deduction have been made from the wages of an employed person or any payment of pay has been postponed such person himself or any type of legal doctor or any standard of a signed up trade union authorised in writing to act on his behalf or any type of Inspector under this Action or any additional person behaving with the permission of the specialist appointed beneath sub-section (1) may affect such power for a path under sub-section (3): Provided every such application shall be presented inside twelve months from your date where the deductions from the salary was made or perhaps from the particular date on which the payment from the wages was due to be produced as the case may be:
Presented further that any application may be publicly stated after the stated period of year or so when the applicant satisfies the authority that he had adequate cause for certainly not making the applying within this kind of period. (3) When virtually any application below sub-section (2) is kept entertained the expert shall hear the consumer and the company or various other person responsible for the payment of salary under section 3 or give them a chance of being observed and after this kind of further request (if any) as might be necessary might without misjudgment to any different penalty that such company or various other
person is liable below this Take action direct the refund to the employed person of the volume deducted or perhaps the payment with the delayed wages together with the repayment of 25% of the wages of the applied person because compensation: So long as no direction for the repayment of compensation will be made in the case of postponed wages if the authority is satisfied that the delay was as a result of ” a) a legitimate error or bona fide dispute as to the volume payable towards the employed person or b) the occurrence of an urgent or the lifestyle of exceptional conditions such that the individual responsible for the payment of the wages was unable although exercising fair diligence to create prompt payment or c) the inability of the used person to obtain or recognize payment. (4) If the power hearing a credit card applicatoin under it is satisfied ” a) the fact that application was either malevolent or vexatious the specialist may immediate that a penalty not going above fifty taka be paid out to the workplace or additional person responsible for the repayment of wages by the person presenting the application form (5) Anywhere directed to become paid below this section can be recovered as being a public require within the day specified by the authority, if the person allowed to such salary makes an application in this part to the power concern.
Section 16 inside the payment of wages take action 1936
16. Sole application in regards to claims coming from unpaid group (1) Employed persons will be said to belong to the same unpaid group if they are borne on the same establishment and if deductions had been made from all their wages in contravention of this Act for precisely the same cause and during the same wage-period or periods or if their wages for the same wage-period or periods possess remained outstanding after the time fixed by simply section 5. (2) A single application can be presented under section 12-15 on part or in regards to any number of used persons belonging to the same unpaid group and in such circumstance every person in whose behalf such program is offered may be honored maximum settlement to the degree specified in sub-section (3) of section 15. (3) The power may handle any number of distinct pending applications presented below section 12-15 in respect of people belonging to the same unpaid group as a solitary application presented under sub-section (2) with this section and the provisions of these sub-section shall apply consequently. Section seventeen in the payment of pay act 1936
17. Charm
(1) An charm against a direction manufactured under sub-section (3) or sub-section (4) of section 15 may be preferred, inside thirty days from the date which the buy or course was made, prior to Labour Appellate Tribunal a. by the company or additional person responsible for the payment of income under section 3 if the total total directed to be paid via wages and compensation is higher than three hundred taka or n. by a great employed person, if the total amount of wages stated to have been withheld from him or from the unpaid group to which he belonged surpasses fifty taka, or c. by anybody directed to spend a penalty under sub-section a few (sub-section 4)of section 15. (2)Save as anticipated in sub-section (1), any kind of direction built under sub-section(3) or sub-section(4) of section 15 will probably be final.
Section 18 inside the payment of wages act 1936
18. Capabilities of specialists appointed underneath section 15
Every authority equiped under sub-section (1) of section 12-15 shall have the ability to the capabilities of a civil court underneath the Code of Civil Treatment 1908 (5 of 1908) for the purpose of currently taking evidence associated with enforcing the attendance of witnesses and compelling the production of files and every this sort of authority shall be deemed to be a civil court docket for all the reasons of section 195 along with Chapter XXXV of the Code of Criminal Procedure 1898 (V of 1898).
Section 19 inside the payment of wages work 1936
19. Capacity to recover from workplace in certain cases
If the authority referred to in section 15 or maybe the Court labeled in section 17 is unable to recover from any individual (other than an employer) responsible underneath section 3 for the payment of wages any amount directed by such power under section 15 or perhaps section 17 to be paid by this kind of person, the authority shall recover the amount from the company of the used person worried. Section twenty in the payment of salary act 1936
20. Penalty for offences under the Action
(1) Whoever staying responsible for the payment of wages for an employed person
contravenes any of the provisions of one of the following parts namely section 5 and section several to 13, both comprehensive shall be punishable with good which may expand to 500 taka or perhaps with simple imprisonment which may extend to six months, or with both. (2) Whoever contravenes the provisions of section 4, section 6 or section twenty-five shall be punishable with great which may lengthen to two hundred taka.
Section 21 inside the payment of wages action 1936
21. Process in trial of offences
(1) No court, other than the authority appointed under sub-section (1) of section 12-15, shall try any person intended for an offence punishable under this Action. (2)The power empowered beneath section 15 or the Work Appellate Cortège, as the case may be, shall- (a) just before proceeding with the trial of any person pertaining to an offence punishable underneath sub-section (1) of section 20, decide in a summary way the question, if increased by any party, whether or not the default was due to- i. a bona fide mistake or bona fide dispute regarding the amount payable to the used person or ii. the occurrence of the emergency or maybe the existence of exceptional circumstances so that the person responsible for the payment of the salary was unable though working out reasonable persistance to make prompt payment or perhaps iii. the failure of the employed person to apply for or perhaps accept repayment. (b) Susceptible to clause (a), take cognizance of an offence under this kind of Act upon a complaint of facts constituting such offence. (3) No Court shall take cognizance of a faute of section 4 or of section 6 or perhaps of a contravention of any kind of rule manufactured under section 26 besides on a problem made by or with the peine of an Inspector under this kind of Act. Given that, no circumstance, lying just before a Court docket shall be withdrawn without the preceding permission with the Chief Inspector of Industrial facilities. (4) In imposing any fine for an affiance under sub-section (1) of section twenty the court docket shall think about the amount of any kind of compensation previously awarded against the accused in any proceedings used under section 15.
Section 22 inside the payment of wages work 1936
22. Club of matches
Zero Court shall entertain any kind of suit to get the restoration of salary or of any
deduction by wages in that the sum so said ” (a) forms the topic of an application beneath section 12-15 which has been presented by the plaintiff and which can be pending ahead of the authority hired under that section or of an charm under section 17; or (b) features formed the main topic of a path under section 15 in support of the plaintiff; or (c) has been adjudged in any continuing under section 15 never to be held to the individual; or (d) could have been restored by an application under section 15.
Section 23 inside the payment of wages act 1936
23. Contracting out
Any contract or agreement whether built before or after the beginning of this Act whereby an employed person relinquishes any kind of right conferred by this Act shall be a waste of time in so far as that purports to deprive him of this sort of right. Section 24 in the payment of wages take action 1936
twenty-four. Repealed
Power to get over employer in a few cases- Representative. by the Repayment of Salary (Amendment) Take action, 1964 (53 of 1964), s. 17 (w. electronic. f. 1-2-1965)
Section 25 in the repayment of income act 1936
twenty-five. Display simply by notice of abstracts from the Act
The person accountable for the repayment of income of people employed in a factory shall cause to get displayed in such manufacturing plant a detect containing these kinds of abstracts on this Act associated with the rules produced there underneath in English language and in chinese of the most of the people employed in our factory as could possibly be prescribed.
Section 25 in the payment of wages action 1936
26. Rule-making power
(1) The federal government may make rules to regulate the procedure to be accompanied by the authorities and legal courts referred to in sections 12-15 and seventeen. (2) The us government may by notification inside the Official Gazette make guidelines for the purpose of transporting into impact the conditions of this Action. (3) Particularly and without bias to the generality of the foregoing power
rules made under sub-section (2) may ” a) require the maintenance of these kinds of records subscribes returns and notice as are necessary for the adjustment of the Take action prescribe the form thereof; b) require the display within a conspicuous place on premises exactly where employment is usually carried on of notices specifying rates of wages payable to individuals employed about such building; c) Offer the control inspection from the weights procedures and analyzing machines used by employers in checking or perhaps ascertaining the wages of persons employed by them; d) prescribe the way of supplying notice from the days on what wages will be paid; e) prescribe the authority competent to accept under sub-section (1) of section almost eight acts and omissions in respect of which aigu? may be made; f) suggest the procedure to get the imposition of fees under section 8 and for making of the deductions labeled in section 10; g) prescribe the conditions subject to which will deductions can be made beneath the proviso the sub-section (2) of section 9; h) prescribe the authority proficient to say yes to the purposes on which the proceeds of fines will probably be expended; i) prescribe the extent to which advances may be made and the installments through which they may be retrieved with reference to term (b) of section doze; j) regulate the weighing machines of costs which may allowed in process under this kind of Act; k) prescribe the amount of court-fees payable in respect of any proceedings underneath this Work; and l) prescribe the abstracts being contained in the notices required by simply section twenty-five; (4) For making any guideline under this section the Government may possibly provide a contravention from the rule will probably be punishable with fine which might extend to two hundred taka. (5) All rules built under this section shall be susceptible to the condition of previous publication as well as the date being specified under clause (3) of section 23 in the General Clauses Act 1897 (X of 1897) shall not be lower than three months from your date on which the draft of the proposed rules was published.
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