5Time of payment of wages
(1) The wages of every person employed upon or in
(a) any railway, factory or 1[industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh day,
(b) any other railway, factory or 1[industrial or other establishment], shall be paid before the expiry of the tenth day,
after the last day of the wage-period in respect of which the wages are payable:
2[Provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion.]
(2) Where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated:
2[Provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated.]
(3) 3[Appropriate Government] may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway (otherwise than in a factory) 4[or to persons employed as daily-rated workers in the Public Works Department of 5[appropriate Government]] from the operation of this section in respect of the wages of any such persons or class of such persons:
4[Provided that in the case of persons employed as daily-rated workers as aforesaid, no such order shall be made except in consultation with the Central Government.]
(4) 6[Save as otherwise provided in sub-section (2), all payments] of wages shall be made on a working day.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 38 of 1982, s. 6, for "industrial establishment" (w.e.f. 15-10-1982).
2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
3. Subs. by Act 41 of 2005, s. 3, for "the State Government" (w.e.f. 9-11-2005).
4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
5. Subs. by Act 41 of 2005, s. 3, for "the Central Government or a State Government" (w.e.f. 9-11-2005).
6. Subs. by Act 53 of 1964, s. 5, for "All payments" (w.e.f. 1-2-1965).
- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Responsibility for payment of wages
- 4 Fixation of wage-periods
- 5 Time of payment of wages
- 6 Wages to be paid in current coin or currency notes or by cheque or crediting in bank account
- 7 Deductions which may be made from wages
- 8 Fines
- 9 Deductions for absence from duty
- 10 Deductions for damage or loss
- 11 Deductions for services rendered
- 12 Deductions for recovery of advances
- 12A Deductions for recovery of loans
- 13 Deductions for payments to co-operative societies and insurance schemes
- 13A Maintenance of registers and records
- 14 Inspectors
- 14A Facilities to be afforded to Inspectors
- 15 Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims
- 16 Single application in respect of claims from unpaid group
- 17 Appeal
- 17A Conditional attachment of property of employer or other person responsible for payment of wages
- 18 Powers of authorities appointed under section 15
- 19 [Omitted]
- 20 Penalty for offences under the Act
- 21 Procedure in trial of offences
- 22 Bar of Suits
- 22A Protection of action taken in good faith
- 23 Contracting out
- 24 Delegation of powers
- 25 Display by notice of abstracts of the Act
- 25A Payment of undisbursed wages in cases of death of employed person
- 26 Rule-making power