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The Orissa Payment of Wages Rules, 1936

Published vide Notification No. 1321-3-L-15/36-Com., dated 24th February, 1937

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(a) "the Act" means the Payment of Wages Act, 1936 (IV of 1936);

(b) "the Authority" means the authority appointed under Sub-section (1) of Section 15 of the Act;

(c) "the Labour Commissioner" means the Labour Commissioner, Orissa appointed by the State Government as such;

(d) "the Court" means the Court mentioned in Sub-section (1) of Section 17 of the Act;

(e) "deduction for breach of contract" means a document made in accordance with the provisions of the proviso to Sub-section (2) of Section 9;

(f) "deduction for damage or loss" means a deduction made in accordance with the proviso of Clause (c) of Sub-section (2) of Section 7;

(g) "Form" means a Form appended to these rules;

(h) "Inspector" means the Inspector authorised by or under Section 14 of the Act;

(i) "person employed" excludes all persons to the payment of whose wages the Act does not apply;

(j) "section" means a section of the Act;

(k) "payment" means an employer or other person responsible under Section 3 of the Act for the payment of wages;

(l) words and expressions defined in the Act shall be deemed to have the same meaning as in the Act.

(a) the gross wages earned by each person employed for each wage period;

(b) all deductions made from those wages, with an indication in each case of the clause of Sub-section (2) of Section 7 under which the deduction is made;

(c) the wages actually paid to each person employed for each wage period.

(a) a list, in English, in duplicate, clearly defining such acts and omissions;

(b) in cases where the employer himself does not intend to be the sole person empowered to impose fines, a list, in duplicate, showing those appointments in his factory of which the incumbents may pass orders imposing fines and the class of such appointment may impose fine.

(a) disapproving the list,

(b) approving the list either in their original form or as amended by him, in which case such list shall be considered to be the approved list :

(a) there is provision in writing forming part of the terms of the contract of employment requiring him to give notice of the termination of his employment; and

(i) the period of this notice does not exceed fifteen days or the wage period, whichever is less; and

(ii) the period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment;

(b) this rule has been displayed in English and in the language of the majority of the employed persons at or near the main entrance of the factory and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made;

(c) a notice has been displayed at or near the main entrance of the factory giving the names of the persons from whom the deduction is proposed to be made, the number of days' wages to be deducted, and the conditions (if any) on which the deduction will be remitted:

(a) the charges necessarily incurred on account of Court-fees;

(b) the charges necessarily incurred on subsistence money to witnesses; and

(c) pleader's fees which shall ordinarily be Rs. 10; provided that the authority or the Court, as the case may be, in any proceedings, may reduce the fee to a sum not less than Rs. 5 or increase it to a sum not exceeding Rs. 30.

(i)	For every application to summon a witness	Four annas in respect of each witness.
(ii)	For every other application made by or on behalf of an individual person before the authority	Eight annas
(iii)	For every other application made by or on behalf of an unpaid group before the authority	Four annas for each member of the group, subject to a maximum of five rupees.
(iv)	For every appeal lodged with the Court	Five rupees :

[Form-I]

[See rule 3(1), 4 and 17(3)]

Combined Register of Fines, Deductions for Damage or Loss and Advances

Signature of the Employer/Principal Employer/Authorized signatory

[Form II

Form III]

[Form IV]

(See Rule 18)

Combined Annual Returns

(i) Form-21, Rule -101(1) Orissa Factories Rules, 1950

(ii) Form XX, Rule-81 (I) Form XXI, Rule-81(2) Orissa Contract Labour (R&A) Rule, 1975

(iii) Form-III, Rule-21 (4-A) Orissa Minimum Wages Rules, 1954

(iv) Form-IV, Rule-18, Orissa Payment of Wages Rules, 1936

(v) Form 'D', Rule-5, Payment of Bonus Rules, 1975 (Central)

(vi) Form 13, Rule-28,Orissa Shops and Commercial Rules, 1958

(vii) Form XIII, Rule-39, Orissa Motor Transport Workers Rules, 1966

(viii) Form L, Rule-16, Orissa Maternity Benefit Rules, 1966

(ix) Form 'V', Rule-8, O.I.E. (N&A) II Rules, 1972

(x) Form XXV, Rule 240, Orissa Building and Other Construction Workers (RECS), Rules, 2002

(xi) Form XXIV, Rule 56(2) of Orissa Inter State Migration Workers (REGS) Rules, 1980

(b) Name and Residential address of the Proprietor/Partner/Directors/ Employer/Principal/Employer/Occupier, (tick which ever is applicable).

(c) Name and Residential Address of the Person responsible for the day to day conduct and control of business.

(d) Name and Residential address of the occupier and Mgr. As named under the Factories Act, 1948.

(a) Factories Act, 1948

(b) Contract Labour (R&A) Act, 1970

(c) O.S. and C.E. Act, 1956

(d) ISMW (R&CE) Act, 1979

(e) M.T.W. Act, 1961

(f) Building and Other Construction Workers (RECS) Act, 1966

(a)

(b) Average Number of Employment during the year

(c) No. of employees discharged/dismissed/terminated/retrenched/resigned or retired during the year

In respect of Minimum Wages & Payment of Wages etc.

In respect of the Factories Act/ Orissa Shops & Commercial Establishment Act, 1956/Orissa Industrial Establishment (National & Festival) Holidays Act, 1972

In respect of Payment of Bonus

	If Yes..................................................	Yes/No
(i)	Whether Health and Safety Policy prepared and published	Yes/No
(ii)	Whether occupational Health Centre provided	Yes/No
(iii)	Whether Medical Officer appointed	Yes/No
(iv)	Whether Ambulance Van provided	Yes/No
(v)	Average no. of persons employed daily in hazardous process/dangerous operation	Yes/No

(a)

(b) Whether the following Welfare measures are provided ?

(a) Rating to Maternity Benefits :

(b) Leave/additional leave details :-

(c) Maternity Benefit Paid :-

Rating to Contract Labour (R&A) Act

(b) Whether contract has provided ?

(i)	Canteen	Yes/No.
(ii)	Rest Room	Yes/No.
(iii)	Drinking Water	Yes/No.
(iv)	Creche	Yes/No.
(v)	First Aid	Yes/No.
(vi)	Remarks	Yes/No.

Relating to Building and Other Construction Workers (RE & CS) Act

(i) Number of contractors who worked in the establishment during the year with details.

(i) Average number of employees employed daily in the Industrial Premises:-

Men

Women

Young person

Male

Female

(ii) Average monthly number of home workers employed (i.e. who work in their homes)

(iii) Number of days worked in the year in the industrial establishment.

(iv) No. of employees who were granted leave during the calendar year.

Young persons	(a) employees in the Industries Premises.
	(b) employees in home.
Other than young Persons	(a) employees in the Industrial Premises
	(b) employed in home

(v) Number of female employees who were given maternity benefit during the year

(a) employees in the Industrial Premises

(b) employed in home

Form V

Abstract of the Payment of Wages Act, 1936 and the rules made thereunder

Whom the Act effects

Definition of wages

(a) any remuneration payable under any award or settlement between the parties or order of a Court;

(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);

(d) any sum which by reason of the termination of employment of the person employed is payable under any low, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

(e) any sum to which the person employed is entitled under any scheme framed under any law for the time being in force.

(i) any bonus which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of Court;

(ii) the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by an order of the State Government;

(iii) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;

(iv) any travelling allowance or the value of any travelling concession;

(v) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or

(vi) any gratuity payable on the termination of employment in cases other than those specified in Clause (d).

Responsibility for and method of payment

Fines and deductions

(a) shall not exceed half-an-anna in the rupee;

(b) shall not be recovered by instalments, or later than sixty days of the date of imposition;

(c) shall be recorded in a register and applied to such purposes beneficial to the employed persons as are approved by the Labour Commissioner, Orissa;

(d) shall not be imposed on a child.

(b) If ten or more employed persons, acting in concert, absent themselves without reasonable cause and without due notice, the deduction for absence can include wages for eight days in lieu of notice, but -

(1) no deduction for breaking a contract can be made from a person under 15 of a woman;

(2) there must be a provision in writing which forms part of the contract of employment, requiring that a specific period of notice of intention to cease work not exceeding 15 days or the period of notice which the employer has to give to discharge worker, must be given to the employer and that wages may be deducted in lieu of such notice;

(3) the above provision must be displayed at or near the main entrance of the factory;

(4) no deduction of this nature can be made until a notice that this deduction is to be made has been posted at or near the main entrance of the factory;

(5) no deduction must exceed the wages of the employed person for the period by which the notice he gives of leaving employment, is less than the notice he should give under his contract.

(b) Advances made before the employment began can only be recovered from the first payment of wages for a complete wage-period but no recovery can be made of advances given for travelling expenses before employment began.

(c) Advances of unearned wages can be made at the paymaster's discretion during employment but must not exceed the amount of two months' wages without the permission of an Inspector.

(b) Deductions can also be made with written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India or for the purchase of securities of the Government of India or any State Government or for being deposited in any Post Office Savings Bank in furtherance of any Savings Scheme of any such Government.

(i) that penalties aforesaid, except the penalty of suspension, shall not be imposed unless the person concerned-

(a) has been informed of the charges in respect of which imposition of such penalty has been proposed;

(b) has been given a reasonable opportunity of showing cause why the proposed penalty shall not be imposed;

(ii) the person concerned is given a right of appeal against any order imposing such penalty.

Complaints of deductions or delays

Action by the Authority

Appeal against the Authority

(a) by the paymaster if the total amount directed to be paid exceeds Rs. 300;

(b) by an employed person or any official of a registered Trade Union authorised in writing to act on his behalf, it the total amount of wages withhold from him or his co-workers exceed Rs. 50;

(c) by a person directed to pay a penalty for a malicious or vexatious application.

Punishment for breaches of the Act

(1) does not fix a wage period, or

(2) makes payment in kind, or

(3) fails to display at or near the main entrance of the factory this Abstract in English and in the language of the majority of the employed persons, or

(4) breaks certain rules made under the Act,