Professional Documents
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2. Definitions
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4. Fixation of wage-periods
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8. Fines
(1) Deduc tions may be made under c lause (b) of sub-sec tion (2) of
section 7 only on acc ount of the absence of an employed person
from the place or plac es where, by the terms of his employment,
he is required to work, suc h absenc e being for the whole or any
part of the period during which he is so required to work.
(2) The amount of suc h deduction shall in no case bear to the
wages payable to the employed person in respec t of the wage-
period for whic h the deduc tion is made in a larger proportion than
the period for whic h he was absent bears to the total period,
within such wage-period, during which by the terms of his
employment, he was required to work:
PROVIDED that, subject to any rules made in this behalf by the
State Government, if ten or more employed persons ac ting in
concert absent themselves without due notic e (that is to say
without giving the notice whic h is required under the terms of their
contrac ts of employment) and without reasonable cause, suc h
deduc tion from any suc h person may include suc h amount not
exceeding his wages for eight days as may by any suc h terms be
due to the employer in lieu of due notic e.
30[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 suc h place, he refuses, in
pursuanc e of a stay-in strike or for any other cause whic h is not
reasonable in the c ircumstanc es, to carry out his work.]
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Deductions for rec overy of loans granted under c lause (fff) of sub-
section (2) of section 7 shall be subjec t to any rules made by the
State Government regulating the extent to which suc h loans may
be granted and the rate of interest payable thereon.]
Deductions under c lause (j) 27[and c lause (k)] of sub-sec tion (2)
of sec tion 7 shall be subjec t to suc h conditions as the State
Government may impose.
(1) Every employer shall maintain suc h registers and rec ords giving
such partic ulars of persons employed by him, the work performed
by them, the wages paid to them, the deduc tions made from their
wages, the rec eipts given by them and suc h other partic ulars and
in suc h form as may be presc ribed.
(2) Every register and record required to be maintained under this
section shall, for the purposes of this Act, be preserved for a
period of three years after the date of the last entry made
therein].
14. Inspectors
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Every employer shall afford an Inspector all reasonable fac ilities for
making any entry, inspec tion, supervision, examination or inquiry
under this Ac t.]
(1) Employed persons are said to belong to the same unpaid group
if they are borne on the same establishment and if 15[deduc tions
have been made from their wages in c ontravention of this Ac t for
the same c ause 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 l5 on
behalf or in respec t of any number of employed persons belonging
to the same unpaid group, and in suc h c ase 11[every person on
whose behalf suc h applic ation is presented may be awarded
maximum c ompensation to the extent spec ified in sub-sec tion (3)
of section 15].
(3) The authority may deal with any number of separate pending
applications, presented under section 15 in respec t of persons
belonging to the same unpaid group, as a single application
presented under sub-sec tion (2) of this section, and the provisions
of that sub-section shall apply acc ordingly.
17. Appeal
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(1) Where at any time after an applic ation has been made under
sub-section (2) of section 15 the authority, or where at any time
after an appeal has been filed under sec tion 17 by an employed
person or 11[any legal practitioner or any offic ial of a registered
trade union authorised in writing to act on his behalf or any
Inspector under this Act or any other person permitted by the
authority to make an applic ation under sub-sec tion (2) of sec tion
15] the Court referred to in that sec tion, is satisfied that the
employer or other person responsible for the payment of wages
under sec tion 3 is likely to evade payment of any amount that may
be directed to be paid under section 15 or sec tion 17, the
authority or the c ourt, as the case may be, except in cases where
the authority or c ourt is of the opinion that the ends of justic e
would be defeated by the delay, after giving the employer or other
person an opportunity of being heard, may direc t the attac hment
of so muc h of the property of the employer or other person
responsible for the payment of wages as is, in the opinion of the
authority or court, sufficient to satisfy the amount whic h may be
payable under the direc tion.
(2) The provisions of the Code of Civil Procedure, 1908 (5 of
1908), relating to attac hment before judgement under that Code
shall, so far as may be, apply to any order for attac hment under
sub-section (1).]
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No suit, prosecution or other legal proc eeding shall lie against the
government or any offic er of the government for anything whic h is
in good faith done or intended to be done under this Ac t.]
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Foot Notes
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