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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#.

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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 .

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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

 payment of less than the minimum rates of wages

 payment of remuneration for work done on days of rest

 payment of overtime wages.

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APPOINTMENT OF AUTHORITY

(he following may be appointed as an authority to hear and

decide the claims :

1#  -ny 'ommissioner for workmen compensation ; or 

2#

 -ny officer of the central ovt. exercising functions as a3abour 'ommissioner for any region ; or 

4#  -ny officer of the State ovt. not below the rank of a labour

'ommissioner ; or 

5#  -ny officer exercise as a 6udge of a 'ivil 'ourt ; or 

7#  -ny stipendiary agistrate.

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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# (he employee himself ; or 

2#  -ny legal practitioner ; or 

4#  -ny official of a registered trade union authori/ed in this behalf ; or 

5#  -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.

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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

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.

b# $n any other case the payament of the amount due to the

employee together with the amount of compensation notexceeding ten rupees.

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RECOVERY OF AMOUNT

 -ny amount payable under this section may be recovered

a# $f the -uthority is a agistrate by -uthority himself ; and

b# $f the -uthority is not a agistrate by any agistrate 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

c# (aking evidence

d# Enforcing the attendance of witnesses and

e# 'ompelling the production of documents.

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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

&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<.

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offences penalties

 "1# payment of wages at less than theminimum rates fixed or amount dueunder the -ct.

$mprisonment upto = months or fineupto *s 7<< or both

"2# 'ontravention of any rule or order

made under section 14 in respect ofnormal working hours.

 ! do !

"4# 'ontravention of any otherprovision of the act or rule or ordermade there under .

ine upto *s 7<<

"5# 9here a claim made under 2< byan employee is found to be maliciousor vexatious.

ine upto *s 7< " payable to theemployer#