Payment of Wages Act'1936

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[4 OF 19361] With State Amendments An Act to regulate the payment of wages to certain classes of 2[employed persons] Whereas it is expedient to regulate the payment of wages to certain classes of 2[employed persons]. It is hereby enacted as follows :— Short title, extent, commencement and application. 1. (1) This Act may be called the Payment of Wages Act, 1936. 3[(2)

It extends to the whole of India 4[***].]

(3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any 6[factory, to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration 7[, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2]. (5) 7a[Appropriate Government] may, after giving three months’ notice of its intention of so doing, by notification in the Official Gazette, extend the provisions of 8[this Act] or any of them to the payment of wages to any class of persons employed in 9[any establishment or class of establishments specified by the 9a[appropriate Government] under sub-clause (h) of clause (ii) of section 2]: 10[Provided

that in relation to any such establishment owned by the Central Government, no such notification shall be issued except with the concurrence of that Government.]

This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organi-sation, the Central Government may, after every five years, by notification in the Official Gazette, specify.] STATE AMENDMENTS MAHARASHTRA Sub-section (6) - In sub-section (6) of section 1 for the words “one thousand six hundred rupees” the words “six thousand five hundred rupees” shall be substituted - Maharashtra Act No. XXXIII of 2005. WEST BENGAL Sub-section (6) - Sub-section (6) of section 1 shall be omitted - West Bengal Act No. XXVIII of 1993. Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,— 11a[(i)


“appropriate Government” means, in relation to railways, air transport services, mines and oil-fields, the Central Government and, in relation to all other cases, the State Government;] “employed person” includes the legal representative of a deceased employed person; “employer” includes the legal representative of a deceased employer;

12[12a[(ia)] 12b[(ib)]


“factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;] 13[“industrial


or other establishment” means] any,—


tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;

(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India; (b) Dock wharf or jetty;] 15[(c)

inland vessel, mechanically propelled;]

(d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; 16[(g)

establishment, in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the...
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