Lawgist8Fines
(1) No fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of 1 [appropriate Government] or of the prescribed authority, may have specified by notice under sub-section (2).
(2) A notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of person employed upon a railway (otherwise than in a factory), at the prescribed place or places.
(3) No fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines.
(4) The total amount of fine which may be imposed in any one wage-period on any employed person shall not exceed an amount equal to 2[three per cent.] of the wages payable to him in respect of that wage-period.
(5) No fine shall be imposed on any employed person who is under the age of fifteen years..
(6) No fine imposed on any employed person shall be recovered from him by installments or after the expiry of 3[ninety days] from the day on which it was imposed.
(7) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.
(8) All fines and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed; and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority.
Explanation.--When the persons employed upon or in any railway, factory or 4[industrial or other establishmen] are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority.
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1. Subs. by s. 3, ibid., for "the State Government" (w.e.f. 9-11-2005).
2. Subs. by Act 38 of 1982, s. 8, for "half-an-anna in the rupee" (w.e.f. 15-10-1982).
3. Subs. by Act 41 of 2005, s. 7, for "sixty days" (w.e.f. 9-11-2005).
4. Subs. by Act 38 of 1982, s. 8, for "industrial establishment' (w.e.f. 15-10-1982).
- 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
