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Section 26 – The Payment of Wages Act, 1936

The Payment of Wages Act, 1936


26. Rule-making power


(1) The State Government may make rules to regulate the procedure to be followed by the authorities and courts referred to in sections 15 and 17.


(2) The State Government may by notification in the Official Gazette make rules for the purpose of carrying into effect the provisions of this Act.


(3) In particular and without prejudice to the generality of the foregoing power rules made under sub-section (2) may – 


(a) require the maintenance of such records registers returns and notice as are necessary for the enforcement of the Act prescribe the form thereof and the particulars to be entered in such registers or records;


(b) require the display in a conspicuous place on premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises;


(c) Provide for the regulate inspection of the weights measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them;


(d) prescribe the manner of giving notice of the days on which wages will be paid;


(e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed;


(f) prescribe the procedure for the imposition of fines under section 8 and for making of the deductions referred to in section 10;


(g) prescribe the conditions subject to which deductions may be made under the proviso the sub-section (2) of section 9;


(h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended;


(i) prescribe the extent to which advances may be made and the installments by which they may be recovered with reference to clause (b) of section 12;


(ia) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12A;


(ib) prescribe the powers of Inspectors for the purposes of this Act;


(j) regulate the scales of costs which may allowed in proceedings under this Act;


(k) prescribe the amount of court-fees payable in respect of any proceedings under this Act


(l) prescribe the abstracts to be contained in the notices required by section 25;


(la) prescribe the form and manner in which nominations may be made for the purposes of sub-section (1) of section 25A the cancellation or variation of any such nomination or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination and other matters connected with such nominations;


(lb) specify the authority with whom amounts required to be deposited under clause (b) of sub-section (1) of section 25A shall be deposited and the manner in which such authority shall deal with the amounts deposited with it under that clause;


(m) provide for any other matter which is to be or may be prescribed.


(4) In making any rule under this section the State Government may provide that a contravention of the rule shall be punishable with fine which may extend to two hundred rupees.


(5) All rules made under this section shall be subject to the condition of previous publication and the date to be specified under clause (3) of section 23 of the General Clauses Act 1897 (10 of 1897) shall not be less than three months from the date on which the draft of the proposed rules was published.


(6) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.



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The Payment of Wages Act, 1936


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