You are on page 1of 9

MAINTENANCE OF REGISTERS AND RECORDS

Section 18 makes it obligatory on employers side to maintain registers and records giving the following particulars of the persons employed by him : the work performed by him ; the wages paid to them ; the receipts given by them : and such other particulars. Every employer shall keep exhibited notices in the prescribed form containing prescribed particulars at the place where the scheduled employment is being carried on or in case of out!workers " at such place where out! work is given to them#.

ENFORCEMENT OF THE ACT

$%S&E'()*S " SE'($)% 1+ #

,nder this section appropriate govt. is empowered to appoint inspectors for the purposes of the -ct by means of a notification in the )fficial .a/etted. $t shall define the local limits within which they shall exercise their functions. (he powers given to them :

to enter in the premises at reasonable hours with or without assistants for the purpose of examining the registers and records of wages or notices to be kept under the act ; to examine the employees to re0uire out! workers to give any information; to sei/e to take copies of registers records of wages or notices ; to exercise other powers as may be prescribed .

CLAIMS ( SECTION 20 )

(he purpose of this -ct is to ensure that the employer makes the payments to the employees at the minimum rates specified in the -ct.

(he appropriate govt. may appoint by notification in the )fficial .a/ette an authority to hear and decide for any given area the claims related to 1

payment of less than the minimum rates of wages payment of remuneration for work done on days of rest payment of overtime wages.

APPOINTMENT OF AUTHORITY
(he following may be appointed as an authority to hear and decide the claims :
1# 2#

-ny 'ommissioner for workmen compensation ; or -ny officer of the central .ovt. exercising functions as a 3abour 'ommissioner for any region ; or -ny officer of the State .ovt. not below the rank of a labour 'ommissioner ; or -ny officer exercise as a 6udge of a 'ivil 'ourt ; or -ny stipendiary 8agistrate.

4#

5# 7#

APPLICATION FOR CLAIMS


9here an employee has any claim of the nature referred to above the following may present an application to the -uthority for hearing and deciding the claims :
1# 2# 4# 5#

(he employee himself ; or -ny legal practitioner ; or -ny official of a registered trade union authori/ed in this behalf ; or -ny inspector or any person acting with the permission of the authority.

%)(E : (he application of claims shall be presented within a period of six months from the date on which the minimum wages or other amounts became payable.

PROCEDURE FOR DECIDING THE CLAIMS


9hen an application under this section is entertained the -uthority shall hear both the parties and after such further in0uiry as may necessary may direct the employer to pay 1
a#

(he amount by which the minimum wages payable to the employee exceed the the amount actually paid to them together with the amount of compensation which cannot exceed ten times the amount of excess. $n any other case the payament of the amount due to the employee together with the amount of compensation not exceeding ten rupees.

b#

RECOVERY OF AMOUNT
-ny amount payable under this section may be recovered 1
a# b#

$f the -uthority is a 8agistrate by -uthority himself ; and $f the -uthority is not a 8agistrate by any 8agistrate to whom the authority makes application in this behalf.

&)9E*S ): -,(;)*$($ES
Every authority under this section shall have all the powers of civil court under '.&.'. 1+<8 for purpose of 1
c# d# e#

(aking evidence Enforcing the attendance of witnesses and 'ompelling the production of documents.

OFFENCES AND PENALTIES


Section 22 lays down that the employer shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both if he 1

&ays to an employee less than the minimum rates of wages fixed for that employees class of work or less than the amount due to him under the provisions of this -ct ; or 'ontravanes any rule or order made under sec 14.

(he court while imposing any fine for the offence under this section shall take into consideration the amount of any compensation already awarded against the accused in any proceeding taken as under sec 2<.

offences
"1# payment of wages at less than the minimum rates fixed or amount due under the -ct. "2# 'ontravention of any rule or order made under section 14 in respect of normal working hours. "4# 'ontravention of any other provision of the act or rule or order made there under . "5# 9here a claim made under 2< by an employee is found to be malicious or vexatious.

penalties
$mprisonment upto = months or fine upto *s 7<< or both

! do !

:ine upto *s 7<<

:ine upto *s 7< " payable to the employer#

You might also like