Maharashtra Government notifies Draft Maharashtra Code on Wages Rules, 2021 -Inviting suggestions within 45 days on rules. Rules proposes supersession of Maharashtra Minimum Wages Rules, 1963 and the Maharashtra Payment of Wages Rules, 1963.
By order and in the name of the Governor of Maharashtra,
S. M. SATHE,
Joint Secretary to Government.
INDUSTRIES, ENERGY AND LABOUR DEPARTMENT,
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 3rd September, 2021
CODE ON WAGES, 2019.
No. C.O.W-2021/C.R.25/LABOUR-9.—The following draft of rules which the Government of Maharashtra, proposes to make in exercise of the powers conferred by sub-sections (1) and (2) of section 67 of the Code on Wages, 2019 (29 of 2019) read with section 24 of the General Clauses Act, 1897 (10 of 1897) and of all other powers enabling it in that behalf and in supersession of the Maharashtra Minimum Wages Rules, 1963 and the Maharashtra Payment of Wages Rules, 1963, is hereby published as required by sub-section (1) of the said section 67, for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft will be taken into consideration by the Government of Maharashtra after the expiry of forty-five days from the date of publication of this notification in the Maharashtra Government Gazette.
2. Any objection or suggestion, which may be received by the Commissioner of Labour, Maharashtra State, Kamgar Bhavan, ‘E’ Block, Bandra-Kurla complex, Bandra East, Mumbai 400051 or on email [email protected] gmail.com from any person with respect to the said draft before the expiry of the above mentioned period, will be considered by the Government.
By order and in the name of the Governor of Maharashtra.
S. M. SATHE,
Joint Secretary to Government.
1. Short title.—These rules may be called the Maharashtra Code on Wages Rules, 2021.
2. Definitions.—(1) In these rules, unless the subject or context otherwise requires,-
(a) “Authority” means the authority appointed by the State Government under sub-section (1) of section 45;
(b) “appellate authority” means the appellate authority appointed by the State Government under sub-section (1) of section 49;
(c) “appeal” means an appeal preferred under sub-section (1) of section 49;
(d) “Board” means the Maharashtra State Advisory Board constituted by the State Government under sub-section (4) of section 42;
(e) “Cantonment” means any area notified as cantonment area under the Cantonment Act, 2006 (41 of 2006);
(f) “Chairperson” means the Chairperson of the Board;
(g) “Code” means the Code on Wages, 2019 (29 of 2019);
(h) “day” means a period of twenty four hours beginning at mid-night;
(i) “family” means all or any of the following relatives of an employee, namely:-
(a) a spouse;
(b) a minor legitimate or adopted child dependent upon the employee;
(c) a child who is wholly dependent on the earnings of the employee, and who is,-
(i) receiving education, till he attains the age of twenty-one years; and
(ii) an unmarried daughter;
(d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee, so long as the infirmity continues;
(e) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be specified by the State Government, from time to time;
(j) “Form” means a form appended to these rules;
(k) “highly skilled occupation” means an occupation which calls in its performance a specific level of perfection and required competence acquired through intensive technical or professional training or practical occupational experience for a considerable period and also requires of an employee to assume full responsibility for his judgement or decision involved in the execution of such occupation;
(l) “Inspector-cum-Facilitator” means a person appointed by the State Government, by notification under sub-section (1) of section 51;
(m) “member” means a member of the Board and includes its Chairperson;
(n) “municipal corporation” means a municipal corporation constituted or deemed to have been constituted under the Maharashtra Municipal Corporations Act (LIX of 1949) and includes the Mumbai Municipal Corporation constituted under the Mumbai Municipal Corporation Act (III of 1888);
(o) “municipal council” means a municipal council constituted or deemed to be constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XLI of 1965);
(p) “registered trade union” means a trade union registered under the Trade Union Act, 1926 (16 of 1926);
(q) “Schedule” means the Schedule appended to these rules;
(r) “section” means a section of the Code;
(s) “semi-skilled occupation” means an occupation which in its performance requires the application of skill gained by the experience on job which is capable of being applied under the supervision or guidance of a skilled employee and includes supervision over the unskilled occupation;
(t) “skilled occupation” means an occupation which involves skill and competence in its performance through experience on the job or through training as an apprentice in a technical or vocational institute and the performance of which calls for initiating and judgement;
(u) “State Government” means the Government of Maharashtra;
(v) “unskilled occupation” means an occupation which in its performance requires the application of simply the operating experience and involves no further skills.
(2) Words and expressions used in these rules and not defined herein, but are defined in the Code shall have the same meanings as are respectively assigned to them under the Code.
3. Manner of calculating minimum rate of wages.– (1) For the purposes of sub-section (5) of section 6, the minimum rate of wages shall be fixed on the day basis keeping in view the following criteria, namely:—
(i) the standard working class family which includes a spouse and two children apart from the earning employee that is an equivalent of three adult consumption units;
(ii) a net intake of two thousand seven hundred calories per day per consumption unit;
(iii) sixty six meters cloth per year per standard working class family;
(iv) housing rent expenditure to constitute ten per cent. of food and clothing expenditure;
(v) fuel, electricity and other miscellaneous items of expenditure to constitute twenty per cent. of minimum wage; and
(vi) expenditure for children education, medical requirement, recreation and expenditure on contingencies to constitute twenty five per cent. of minimum wage.
(2 ) When the rate of wages for a day is fixed, then, such amount shall be divided by eight for fixing the rate of wages for an hour and multiplied by twenty six for fixing the rate of wages for a month and in such division and multiplication the factors of one-half and more than one-half shall be rounded as next figure and the factors less than one-half shall be ignored. In case of a five day working week, the hourly rate of minimum wages so calculated shall be used to derive the minimum wages for the day.
4. Norms for fixation of minimum rate of wages.- (1) While fixing the minimum rate of wages under section 6, the State Government shall take into account the following:—
(I) Geographical area.—The Geographical area is divided into following zones:—
(a) Zone I- It shall comprise of the areas falling within local limits of ‘A’ and ‘B’ grade municipal corporations and an area of ten kilometres from the boundaries thereof, cantonment areas and also includes areas notified as industrial areas under the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) within the limits of Greater Mumbai, Thane, Palghar, Raigad, Pune, Nasik, Aurangabad and Nagpur Districts;
(b) Zone-II- It shall comprise of the areas falling within the limits of ‘C’ and ‘D’ grade municipal corporations, ‘A’ and ‘B’ grade municipal councils and also includes areas notified as industrial areas and all types of industrial estates under the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) which are not covered in Zone- I;
(c) Zone-III- It shall comprise of all other areas in the State which are not included in Zone-I and Zone-II;
(ii) experience in the area of employment; and
(iii) level of skill required for working under the categories of unskilled, semi-skilled, skilled and highly skilled specified in the Schedule appended hereto.
5. Interval for revision of variable dearness allowance.—The cost of living allowance and the cash value of the concession in respect of essential commodities at concession rate shall be computed once before the 1st April and then before the 1st October in every year to revise the variable dearness allowance payable to the employees on the minimum wages considering the Average Consumer Price Index Number for Industrial Workers published by the Labour Bureau, Ministry of Labour and Employment, Government of India.
6. Hours of work.—(1) No employee shall be required or allowed to work in an establishment for more than forty-eight hours in a week.
(2) If an employee works on daily basis in an establishment, the period of work of such employee, inclusive of his interval for rest, shall be so arranged that shall not spread over for more than ten and half hours per day.
(3) If the employee works in the establishment for six days in a week, the period of work of an employee, inclusive of his interval for rest, shall be so arranged that it shall not spread over for more than ten and half hours per day and the seventh day of the said week for the employee shall be a paid holiday.
(4) If the employee works in the establishment for less than six days in a week arising due to provision of flexibility in working hours, the period of work of an employee, inclusive of his interval for rest, shall be so arranged that it shall not spread over for more than twelve hours per day and the remaining days of the said week for the employee shall be paid holidays:
Provided that, the flexibility in working hours shall be permitted with the consent of negotiating union or negotiating council or with the consent of majority of employees in the absence of negotiating union or negotiating council.
(5) No employee shall be allowed to work for more than five hours continuously before he has had an interval for rest of at least half an hour.
7. Weekly day of rest.—(1) Subject to the provisions of this rule, an employee shall be allowed rest of one day or more than one day, as the case may be, every week (hereinafter referred to as “the rest days”) which in case of six day week shall ordinarily be Sunday and in case of less than six day week shall ordinarily be Saturday and Sunday. However, the employer may fix any other days of the week as the rest days for any employee or class of employees:
Provided that, in a six day working week or less than six day working week, as the case may be, the remaining days of the week shall be paid rest days for such employees:
Provided further that, an employee shall be entitled for the rest days under this sub-rule, if he has worked under the same employer in case of six day week for a continuous period of not less than six days and in case of less than six day working week, for a continuous period of the stipulated number of working days, as the case may be:
Provided also that, the employee shall be informed of the days fixed as the rest days and of any subsequent change in the rest days before the change is effected, by display of a notice to that effect at a conspicuous place in the place of employment.
Explanation.—For the purpose of computation of the continuous period of not less than six days or the stipulated number of working days in a week specified in the second proviso to this sub-rule, (a) any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work, (b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947 (14 of 1947), and (c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days or during the stipulated number of working days of a week as the case may be, immediately preceding the rest days, shall be deemed to be days on which the employee has worked.
(2) Any such employee shall not be required or allowed to work on the rest day unless he has or will have a substituted rest day for a whole day on one of the working days in a week immediately before or after the rest day:
Provided that, no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.
(3) Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the working days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.
(4) An employee shall be granted for rest day wages calculated at the rate applicable to the next preceding day; and where he works on the rest day and has been given a substituted rest day, then, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:
Provided that, in case of six day week where,—
(i) the minimum rate of wages of the employee as notified under the Code has been worked out by dividing the minimum monthly rate of wages by twenty- six; or
(ii) the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, then, no wages for the rest day shall be payable; and
(iii) the employee works on the rest day and has been given a substituted rest day, then, he shall be paid, only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate;
and, if any dispute arises whether the daily rate of wages has been worked out in accordance with the provisions of this proviso, the Commissioner of Labour, Maharashtra State or the office in-charge having geographical jurisdiction may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations:
Provided further that, in case of an employee governed by a piece-rate system, he shall be paid wages for the rest day on which he works, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day.
Explanation.—In this sub-rule ‘next preceding day’ means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day.
(5) The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be, entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to more favourable terms aforesaid.
Explanation.—For the purposes of this rule, ‘week’ shall mean a period of seven days beginning at midnight on Saturday night.
8. Night shifts.—Where an employee in an employment works on a shift which extends beyond midnight, then,–
(a) a rest day for the whole day for the purposes of rule 7 shall, in this case means a period of twenty-four consecutive hours beginning from the time when his shift ends; and
(b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work shall be counted towards the previous day.
9. Hours of work of classes of employees under sub-section (2) of section 13.—In case of classes of employees mentioned in sub-section (2) of section 13, the spread over of the hours of work may exceed twelve hours in any day.
10. Longer wage period.—The longer wage period for the purposes of minimum rate of wages under section 14 shall be by the month.
11. Calculation of wages for part time employee.—If any employee who is not in employment for normal working day but has worked for not less than four hours in working day shall be eligible for minimum wages computed by dividing the daily rate of minimum wages by eight (hours) with fifteen per cent. rise in it and quotient being stepped up to the nearest paisa.
PAYMENT OF WAGES
12. Recovery under sub-section (4) of section 18.—Where the total deductions authorized under sub-section (2) of section 18 exceed fifty per cent. of the wages of an employee, the excess shall be carried forward and recovered from the wages of succeeding wage period or wage periods, as the case may be, in such instalments so that the recovery in any month shall not exceed the fifty per cent. of the wages of the employee in that month.
13. Authority under sub-section (1) of section 19.—The Commissioner of Labour, Maharashtra State shall be the authority to provide approval for imposition of fine under sub¬section (1) of section 19.
14. Manner of exhibiting notice under sub-section (2) of section 19.—A notice referred to in subsection (2) of section 19 shall be displayed at the conspicuous places in the premises of the work place in which the employment is carried on, so that every concerned employee would be able easily to read the contents of the notice in Marathi or Hindi or English. A copy of the notice shall be sent to the Inspector-cum-Facilitator having jurisdiction either physically or electronically or by registered post.
15. Procedure under sub-section (3) of section 19.–The employer shall give an intimation electronically or in writing specifying therein the detailed particulars for obtaining the approval of the imposition of fine to the Commissioner of Labour, Maharashtra State who shall, before granting or refusing the approval, give an opportunity of being heard to the employee and the employer concerned and shall dispose of the matter within thirty days from the date of receiving such intimation, failing which it shall be deemed to be approved.
16. Intimation of deduction.–(1) Where an employer makes any deduction in pursuance of the proviso to sub-section (2) of section 20, he shall make intimation electronically or by registered post of such deduction to the Inspector-cum-Facilitator having jurisdiction, within ten days from the date of such deduction, explaining therein the reason of such deduction.
(2) The Inspector-cum-Facilitator shall, after receiving intimation under sub-rule (1), examine such intimation and if he finds that the explanation given therein is in contravention of any provision of the Code or the rules made thereunder, he shall initiate appropriate action under the Code against the employer within thirty days from the date of receipt of such intimation.
17. Procedure for deduction under sub-section (2) of section 21.—Any employer desiring to make deduction for damages or loss under sub-section (1) of section 21 from the wages of an employee shall,—
(i) explain to the employee in writing the value of damage or loss of goods expressly entrusted to the employee for custody or loss of money for which he is required to account and how such damages or loss is directly attributable to the neglect or default of the employee; and
(ii) give the employee an opportunity to submit any explanation and thereafter, deduct damages or loss, if made, and shall be intimated to the employee within fifteen days from the date of such deduction.
18. Conditions regarding recovery of advance under section 23.—The recovery of,—
(i) advances of money given to an employee after the employment begins under clause (b) of section 23; or
(ii) advances of wages to an employee not already earned under clause (c) of section 23, as the case may be, shall be made by the employer from the wages of the concerned employee in installments determined by the employer, so as any or all installments in a wage period, shall not exceed fifty per cent. of the wages of the employee subject to the ceiling specified in rule 12 in that wage period and the particulars of such recovery shall be recorded in the register maintained therefor.
STATE ADVISORY BOARD
19. Meeting of Board.—The Chairperson may, subject to the provisions of rule 20, call a meeting of the Board, at any time he thinks fit:
Provided that, on a requisition in writing from not less than one-half of the members, the Chairperson shall call a meeting within thirty days from the date of the receipt of such requisition.
20. Notice of meetings.—The Chairperson shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars alongwith a list of business to be conducted at the meeting shall be sent to each member, by registered post and electronically, at least fifteen days before the date fixed for such meeting:
Provided that, in the case of an emergency meeting, notice of seven days only may be given to every member.
21. Functions of Chairperson.—The Chairperson shall,—
(i) preside at the meetings of the Board:
Provided that, in the absence of the Chairperson at any meeting, the members shall elect from amongst themselves by a majority of votes, a member who shall preside at such meeting;
(ii) decide agenda of each meeting of the Board;
(iii) where in the meeting of the Board, if any issue has to be decided by voting, conduct the voting and count or cause to be counted the secret voting in the meeting.
22. Quorum.—No business shall be transacted at any meeting unless at least one-third of the members and at least one representative member each of both the employers and the employees are present:
Provided that, if at any meeting less than one-third of the members are present, the Chairperson may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present:
Provided further that, the date, time and place of such adjourned meeting shall be intimated to all the members electronically or by a registered post.
23. Disposal of business of Board.—All business of the Board shall be considered at a meeting of the Board, and shall be decided by a majority of the votes of members present and voting and in the event of an equality of votes, the Chairperson shall have a casting vote:
Provided that, the Chairperson may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members:
Provided further that, no decision on any matter under the preceding proviso shall be taken, unless supported by not less than two-thirds majority of the members.
24. Method of voting.—Voting in the Board shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairperson so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairperson may decide.
25. Proceedings of meetings.–(1) The proceedings of each meeting of the Board showing inter alia the names of the members present thereat shall be forwarded to each member and to the State Government as soon as possible after the meeting and in any case, not less than seven days before the next meeting.
(2) The proceedings of each meeting of the Board shall be confirmed either without any modification or with such modification, if any, as may be considered necessary at the next meeting.
26. Summoning of witnesses and production of documents.—(1) The Chairperson may summon any person to appear as a witness, if required, in the course of the discharge of his duty and require any person to produce any document.
(2) Every person who is summoned and appears as a witness before the Board shall be entitled to an allowance for expenses by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing before a civil court.
27. Term of office of members of Board.—(1) The term of office of the Chairperson or a member, as the case may be, shall be normally two years commencing from the date of his appointment or nomination, as the case may be, under section 42:
Provided that, such Chairperson or a member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is appointed or nominated, as the case may be.
(2) An independent member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.
(3) The official members of the Board shall hold office till they are replaced by respective such other official members.
(4) Notwithstanding anything contained in sub-rules (1), (2), and (3), the members of the Board shall hold office during the pleasure of the State Government.
28. Travelling allowance.—The Chairperson and every non-official member of the Board or committee, shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties at the rates and subject to the conditions applicable to a Group A officer of the State Government.
29. Eligibility for re-nomination of members of Board.—An outgoing non-official member shall be eligible for re¬-nomination for the membership of the Board for not more than total three terms.
30. Resignation of members of Board.—(1) A member of the Board, other than official members, may, by giving notice in writing to the Chairperson, resign his membership.
(2) A resignation shall take effect from the date of communication of its acceptance or on the expiry of thirty days from the date of resignation, whichever is earlier.
(3) When a vacancy occurs or is likely to occur in the membership of the Board, the State Government shall take steps to fill the vacancy in accordance with the provisions of the Code.
31. Cessation of membership.—If a member of the Board, fails to attend three consecutive meetings, without prior intimation to the Chairperson, he shall, cease to be a member thereof. The report of such cessation shall be submitted to the State Government. A person who ceases a member shall also be intimated.
32. Disqualification.—(1) A person shall be disqualified for being nominated as, and for being a member of the Board,–
(i) if he is declared to be of unsound mind by a competent court; or
(ii) if he is an un-discharged insolvent; or
(iii) if before or after the commencement of the Code, he has been convicted of an offence involving moral turpitude.
(2) If any question arises whether a disqualification has been incurred under sub-rule (1) or not, then the decision of the State Government thereon shall be final.
33. Officers and staff.—(1) The State Government may provide officers and staff to the Board, as it may think necessary for the functioning of the Board.
(2) The State Government may appoint an officer of Labour Department not below the rank of Assistant Commissioner of Labour as a Secretary to the Board. The State Government may also appoint an officer of Labour Department not below the rank of Assistant Commissioner of Labour as a Secretary to the committees.
PAYMENT OF DUES, CLAIMS, ETC.
34. Payment under clause (a) of sub-section (1) of section 44.—(1) (a) Every employee shall make a declaration in Form I nominating a person conferring the right to receive the amount that may stand in his credit in the event of his death before that amount standing to his credit has become payable or where the amount has become payable, before payment has been made.
(b) If the employee has a family at the time of making nomination, the nomination shall be in favour of the spouse or the spouse in preference followed by one or more members of his family:
Provided that, nomination made by an employee having a family in favour of a person other than member of his family shall be invalid:
Provided further that, after marriage of an employee, a fresh nomination including spouse shall be made, specifying amount or share payable to each of his/her nominees. Nomination made before such marriage shall deemed to be cancelled.
(c) Where the nomination is wholly or partly in favour of a minor, the employee may appoint a major person of his family, to be the guardian of the minor nominee or where there is no major person in the family, he may at his discretion, appoint any other person to be a guardian of the minor nominee.
(d) If the employee nominates more than one member, he shall specify in the nomination, the amount or share payable to each of his nominees at his own discretion so as to cover the whole of the amount that may stand to his credit.
(2) Where any amount payable to an employee under the Code is due after his death or on account of his whereabouts not being known, and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with Assistant Commissioner of Labour having jurisdiction who shall disburse the amount to the person nominated by the employee after ascertaining his identity within two months of the date on which the amount was so deposited with him.
35. Deposit of undisbursed dues under clause (b) of sub-section (1) of section 44.—(1) Where any amount payable to an employee under this Code remains undisbursed because either no nomination has been made by such employee or for any other reason, such amounts could not be paid to the nominee of employee until the expiry of six months from the date the amount had become payable, all such amounts shall be deposited by the employer with Assistant Commissioner of Labour having geographical jurisdiction as mentioned in the order before the expiry of the fifteenth day after the last day of the said period of six months.
(2) The amount referred to in sub-rule (1) shall be deposited by the employer with Assistant Commissioner of Labour having geographical jurisdiction as mentioned in the order through bank transfer or through a crossed demand draft obtained from any Nationalised/Scheduled bank in India drawn in favour of such Assistant Commissioner of Labour having jurisdiction.
36. Manner of dealing with undisbursed dues under clause (b) of sub-section (1) of section 44.— (1) The amount referred to in sub-rule (1) of rule 35 (hereinafter in this rule referred to as the amount) deposited with Assistant Commissioner of Labour having jurisdiction shall remain with him and be invested in the Central or State Government Securities or deposited as a fixed deposit in a Nationalised Bank.
(2) Authority appointed by the State Government will exhibit, as soon as maybe possible, a notice containing such particulars regarding the amount as he considers sufficient for information at least for fifteen days on the notice board and also publish such notice in official website or in Official Gazettes of State Government as well as publish in any two local newspapers of vernacular language commonly understood in the area in which undisbursed wages were earned.
(3) Subject to the provision of sub-rule (4), the Assistant Commissioner of Labour having jurisdiction shall release the amount to the nominee or to that person who has claimed such amount, as the case may be, in whose favour such Assistant Commissioner of Labour having jurisdiction has decided, after giving the opportunity of being heard, the amount to be paid.
(4) If the undisbursed amount remains unclaimed for a period of seven year after, publication the amount shall be transferred to the Maharashtra Labour Welfare Board for promoting the welfare of labour. If any claim arises within the seven years from the date of such deposit notwithstanding anything contained in sub-rule (3), Assistant Commissioner of Labour having jurisdiction may decide and direct the Board to disburse the amount to the claimant.
FORMS, REGISTERS AND WAGE SLIP
37. Application for claim.—(1) An application for claim under section 45 of the Code, may be filed in Form II manually or electronically along with documents specified in the said Form.
(2) On receipt of an application under sub-section (4) of section 45, the authority shall serve upon the employer electronically or by registered post a notice in Form III to appear before him on the date specified in the notice with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.
(3) If the employer or his representative fails to appear on the specified date, the authority may hear and determine the application ex-parte.
(4) If the applicant or his representative fails to appear on the specified date without any reasonable cause shown in advance, the authority may dismiss the application.
38. Appeal.—(1) Any person aggrieved by an order passed by the authority under sub-section (2) of section 45 may prefer an appeal under sub-section (1) of section 49 in Form-IV electronically or by registered post, along with documents mentioned by the appellant in the said Form, to the appellate authority having jurisdiction:
Provided that, no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant has deposited the claim amount with the appellate authority.
(2) Where an appeal under sub-section (1) of section 49 is entertained, the appellate authority, shall serve upon the respondent electronically or by registered post a notice in Form V to appear before him on the date specified in the notice and shall inform the appellant of the date so specified.
(3) The appellate authority shall after hearing the appellant and the respondent shall, by Order, decide the appeal.
39. Registers.—(1) Every employer of an establishment to which the Code applies shall maintain, electronically or in physical form, in the formats appended to these rules, the following registers:-
(i) Employee Register in Form VI,
(ii) Register of Attendance, Wages, Overtime, Fines and Deductions for Damage and Loss in Form VII.
(2) All fines and all realisations thereof referred to in sub-section (8) of section 19 shall be recorded in a register to be kept by the employer electronically or in physical form in Form – VII appended to these rules, and the authority referred to in said sub-section (8) shall be the Commissioner of Labour, Maharashtra State.
(3) All deductions and all realisations referred to in sub-section (3) of section 21 shall be recorded in a register to be kept by the employer electronically or in physical form in Form VII appended to these rules.
(4) Registers required to be maintained under these rules shall be preserved for a period of five years after the date of last entry made therein.
40. Wage slip.—Every employer shall issue wage slips, electronically or otherwise, to the employees in Form VIII on or before payment of wages.
41. Manner of holding enquiry under sub-section (1) of section 53.—(1) When a complaint is filed before an officer appointed under sub-section (1) of section 53 (hereinafter in this rule referred to as “the officer”) in respect of the offences referred to in said sub-section either by an officer authorized for such purpose by the State Governrment or by an employee aggrieved or a registered trade union registered under the Trade Unions Act, 1926 (16 of 1926) or an Inspector-cum-Facilitator, the officer, after considering such evidences as may be produced before him by the complainant, is of the opinion that an offence has been committed, shall issue summons to the offender on the address specified in the complaint fixing a date for his appearance .
(2) If the offender to whom the summons has been issued under sub-rule (1) appears or is produced before the officer, he shall explain the offender the offence alleged to have committed by him and if the offender pleads guilty, the officer shall impose penalty on him in accordance with the provisions of the Code and when the offender does not plead guilty, the officer shall take evidence of the witnesses produced by the complainant on oath and provide an opportunity of cross examination of the witnesses so produced. The officer shall record the statement of the witnesses on oath and in cross examination in writing and take the documentary evidence on record.
(3) The officer shall after the complainant’s evidence is complete, provide an opportunity of defence to the accused person and the witnesses produced by the accused shall be cross examined after their statements on oath by the complainant and documentary evidence in defence shall be taken on record by the officer.
(4) The officer shall after hearing the parties and considering the evidences, both oral and documentary, decide the complaint in accordance with the provisions of the Code.
42. Manner of composition of offences under sub-section (1) of section 56.—(1) An accused person desirous of making composition of offence under sub-section (1) of section 56 may make an application in Form IX electronically or manually to the Gazetted Officer notified under the said subsection (1).
(2) The Gazetted Officer referred to in sub-rule (1) shall on receipt of such application, satisfy himself as to whether the offence is compoundable or not under the Code and if the offence is compoundable and the accused person agrees for the composition, compromise the offence for a sum of fifty per cent. of the maximum fine provided for such offence under the Code, to be paid by the accused within thirty days of the order of composition issued by such officer.
(3) Where the offence has been compromised under sub-rule (2) after the institution of the prosecution, then, the officer shall send a copy of such order made by him for intimation to the officer referred to in sub-section (1) of section 53 for needful action under sub-section (6) of section 56.
43. Payment of wages.—Where the employees are employed in an establishment through contractor, then, the company or firm or association or any other person who is the proprietor of the establishment shall pay to the contractor the amount towards wages payable to him or it, in respect of the wages of employees in accordance with the provisions of the Code.
Explanation.—For the purpose of this rule, the expression “firm” shall have the meaning as assigned to it in the Indian Partnership Act, 1932 (9 of 1932).
44. Responsibility for payment of minimum bonus.—Where in an establishment, the employees are employed through contractor and the contractor fails to pay minimum bonus to them under section 26, then, the company or firm or association or other person as referred to in the proviso to section 43 shall, on the written information of such failure, given by the employees or any registered trade union or unions of which the employees are members and on confirming such failure, pay such minimum bonus to the employees.
(See rule 34)
(Give here name or description of the establishment with full address)
1. I, shri/smt. ________ (Name in full )_____________________ whose particulars are given in the statement below, hereby nominate the person(s) mentioned below to receive the amount after my death or also the amount standing to my credit in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount of legal dues shall be paid in proportion indicated against the name(s) of the nominee(s).2
2. I hereby certify that, the person(s) nominated is a/are member(s) of my family with meaning of clause (i) of Rule2 of Code on Wages 2021.
3. I hereby declare that, I have no family within the meaning of Rule 2 of the said Rule.
4. (i) My father/Mother/Parents is/are not dependent on me.
(ii) My husband(s) father/mother/parents is/are not dependent on my husband.
5. I have excluded my husband(s) from my family by a notice dated_________ to the Authority in terms of the Rule (2)(1)(2) of the the Maharashtra Code on Wages Rules 2021.
6. Nomination made herein invalidates my previous nomination.
|Name of Nominee(s) in full with full address
|Relationship with the employee
|Age of Nominee(s)
|Proportion by which the Amount will be shared
1) Name of the Employeer:
4) Wheather Unmarried/ Married/ Widow/ Widower:
5) Department/ Branch/ Section where employed:
6) Post held with Registration Number or serial number (if any):
7) Date of Appointment:
8) Permanent Address:
Signature/Thumb impression of the employee
(See rule 37(1))
(APPLICATION FOR CLAIMS UNDER SECTION 45)
BEFORE THE AUTHORITY APPOINTED UNDER SUB- SECTION (1) OF SECTION 45 OF THE CODE ON WAGES, 2019 (29 OF 2019)
Application No………….. of 20……….
Between ABC and (State the number) ………………………… other Applicant………………………
(Through employees concerned or registered trade union or Inspector- cum- Facilitator
The application states as follows:
(1) The applicant(s) whose name(s) appear in the attached schedule was/were/has/have been employed from ……………………… to…as…(category) in…(establishment) Shri/M/s…engaged in ……………………………………….. (nature of work) which is/are covered by the Code on Wages, 2019.
(2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of the Code on Wages, 2019.
(3) (a) The applicant(s) has/ have been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment(s) under the Code by Rs…Per day for the period(s) from…to…………………….
(b) The applicant(s) has/ have not been paid wages at Rs…Per day for the weekly days of rest from to…
(c) he applicant(s) has/ have not been paid wages at overtime rate(s) for the period from…to….
(d) The amount of rupees Has been illegally deducted from the applicants wages for the period from ……. to
(e) The applicant(s) has/have not been paid wages for period from…to…
(f) The applicant(s) has/have not been paid minimum bonus for the accounting year………..
(4) The applicant(s) estimate(s) the value of relief sought byhim/ them on each amount asunder:
(5) The applicant(s), therefore, pray(s) that a direction may be issued under section 45(2) of the Code on Wages, 2019 for;
(a) payment of the difference between the wages payable under the Code and the wages actually paid,
(b) payment of remuneration for the days of rest
(c) payment of wages at the overtime rates,
(d) compensation amounting to Rs………………………….
(6) The applicant(s) do hereby solemnly declare(s) that the facts stated in this application are true to the best of his/their knowledge, belief and information.
Signature or thumb-impression of the employed person(s),
or official of a registered trade union duly authorized
or Inspector- cum-Facilitator.
Note: The applicant(s), if required, may append annexures containing details, with this application.
[See rule 37(2)]
Form of Summons to be given to the Opponents to appear before the Authority when an application Under Sub-section (4) of Section 45 is entertained.
(Title of the application)
(Name, Description and Place of Residence)
Whereas shri/smt.____________________________________ has made the above said application to me under the Code on Wages 2019, you are hereby summoned to appear before me in person or by Duly authorised agent, or who is able to answer all material questions relating to the applications or who shall be accompanied by some person able to answer all such questions on the___________ day of 20___ at time
_________ O’clock in the_______ to answer the claim and as the day fixed for the appearance is appointed for the final disposal of the application.
You must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defense. Take notice that, in default of your appearance on
The day before mentioned the application will be heard and determined in your absence. And you may if you so desire file at least 3 days before the date of hearing a written statement to the application along with documents
referred to in the written statement accompanied by the list thereof and also supply copies thereof to the applicants and obtained receipt therefore and file it along with written statement.
Take notice that, in default of your appearance on the day before mentioned the application will be heard and determined in your absence.
Given under my hand and seal this_________ day of______ 20
[See rule 38(1)]
Appeal under section 49 (1) of the Code on Wages, 2019 before the Appellate Authority under the Code on Wages, 2019.
(1) DETAILS OF APPEAL:
(a) Particulars of the order against which the appeal is made:
(b) Number and date:
(c) The authority who has passed the impugned order:
(d) Amount awarded:
(e) Compensation awarded, if any:
(2) Facts of the case:
(Give here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue or fact).
(3) Grounds for appeal:
(4) Matters not previously filed or pending with any other Court or any Appellate Authority:
The appellant further declares that he had not previously filed any appeal, writ petition or suit regarding the matter in respect of which this appeal has been made, before any Court or any other Authority or Appellate Authority nor any such appeal, writ petition or suit is pending before any of them.
(5) Reliefs sought:
In view of the facts mentioned above the appellant prays for the following relief(s) :— [Specify below the relief(s) sought]
(6) List of enclosures:
Signature of the appellant.
For office use
Date of filing or
Date of receipt by post
[See rule 38(2)]
Notice for Appearance before the Appellate Authority.
The Appellate Authority under the Code On Wages Act,2019
Name and Address of
Whereas, Shri________________________ a employee/ worker under your/ a person authorised by shri_________________________________ a workmen under you / the Legal Representative of_________________________________________ who was a workmen under you has filed an application under Rule 38 of the Maharashtra Code On Wages Rules 2021. alleging that,
(a copy of the said application is enclosed) Now, therefore you are hereby called upon to appear before me at (place) _____________________ either personally or through a person duly authorised in this behalf for the purpose of answering all material questions regarding to the appeal on the___________ day of_____20___ at______ o’clock in the forenoon/afternoon in support of / to answer the allegation.
As the day fixed for your appearance is appointed for final disposal of application, you must be prepared to produce on that day document/s with yours / evidence upon which you intend to rely in support of your allegation/defense.
Take notice that, in default of your appearance on the day before mentioned the application will be dismissed/ heard and determined exparte on your absence.
Given under my hand and seal this_______ day of_______ 20
[See rule 39(1)(i)]
Name of the Establishment : ……………………………..
Name of the Employer :……………………………..
Name of the Owner / Occupier : …………………………….
PAN/TAN of the Employer :……………………………..
Labour Identification Number (LIN):……………………………..
Date of Birth
Category (HS/S/SS/U S)*
|Mobile No.||UAN||PAN||ESIC IP No.||AADHAAR||Bank A/c
|Bank Name||Branch (IFSC)||Present Address||Permanent Address|
|Service Book No.||Date of Exit||Reason for
|Mark of Identification||Photo||Specimen
[See rule 39(1)(ii)]
Register of Attendance, Wages, Overtime, Fine and Deduction for damage and Loss under the Code on Wages, 2019.
Name of the Establishment : ………………………………………………………
Name of the Employer : ……………………………………………………..
Name of the Owner / Occupier : …………………………………………………….
PAN/TAN of the Employer : …………………………………………………………
Labour Identification Number (LIN): …………………………………………………
|Sr. No.||Name of the employee||Sex||Design-ation/Depar-tment||Duration of
Fortn-ightly /Weekly /Daily/ Piece rated)
|Wage Period From- To||Total No. of
in case of
|Rates of wages|
acts and omissions for which fine imposed with date
|Damage or loss caused to the employer by neglect or default of the employee||Amount of
|Date of Payment||Attendance|
(See rule 40)
Date of issue:
Name of the Establishment………………………………..
(1) Name of employee:
(2) Father’s /Spouse name:
(5) Name of Bank & Account No.:
(6) Wage period:
(7) Rate of wages payable: (a) Basic (b) D.A (c) other allowances
(8) Total attendance/unit of work done:
(9) Overtime wages:
(10) Gross wages payable:
(11) Total deductions: (a) PF (b) ESI (c) Others
(12) Net wages paid:
Employer / Pay-in-charge signature
(See rule 42)
APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR COMPOSITION OF OFFENCE
1. Name of Applicant : ………………………………..
2. Father’s /Spouse Name : ………………………………..
3. Address of the applicant: ………………………………..
4. Particulars of the offence : ………………………………..
…………………………………………………………………………………………………………………………………………….………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….5. Section of the Code under which the offence is committed :
6. Maximum fine provided for the offence under the Code:
7. Whether prosecution against the applicant is pending or not …………………………
8. Whether the offence is first offence, or the applicant t committed any other offence prior to the offence. If yes, then, full details of the prior offence.
Schedule E Code on Wages Rules Categories of Workers
[see rule 4 (3)]
|Sr. No.||HIGHLY SKILLED|
|3||Baker & Confectioner|
|7||Computer Hardware & Network Maintenance Work|
|9||Driver (Pokland & JCB)|
|11||Floriculture / Landscape Developer|
|15||Heat Treatment Worker|
|16||Inspector Quality Control Department|
|19||Machine Tool Mechanic|
|23||Power Loom Operator|
|24||Qualified and Experienced Welder|
|30||Staff Nurse with Diploma|
|31||Steno With 7 Years Experience|
|37||Wiremen (Diploma/ITI Holder)|
|2||Air Compressor Attendant|
|4||Auto Rickshaw Driver|
|9||Chowkidar (With Arms)|
|12||Computer/Data Entry Operator|
|13||Concrete Mixer Operator|
|18||Driller (Well Boring)|
|19||Driver (All Four Wheeler Vehicles/Multiaxel Vehicle)|
|29||Mistry (Stell, Tube-Well)|
|30||Munshi (Beedi Industry)|
|33||Operator Road Roller|
|38||Security Guard (With Arms)|
|41||Stone Crusher Machine Operator|
|47||Telex or Telephone Operator|
|56||Typist and other categories by whatever name called which are of clerical nature|
|59||Wireless Operator Assistant Foreman|
|61||Hair Cutting Saloon|
|3||Attendant (Bull-calving lines, Rakhandar, Chaff cutter, Stable, Dry Stock, Grain Crusher, Pump)|
|7||Breaker (Stone, Rock Stone, Stone Metal)|
|21||Fireman (Brick Kiln, Steam Roller)|
|34||Munshi (Matriculate, Non-matriculate)|
|38||Sortar (Beedi & Onion)|
|39||Stableyard Stock Worker|
|42||Wireman Fixing Tin Cables|
|5||Breaker (using manual appliances)|
|13||Chowkidar (without arms)|
|14||Cleaner (Crane, Truck, Cinder for Ash Pit),|
|15||Cleaner (Motor Shed, Cattle,Yard, M.T)|
|16||Loose Fodder Collector|
|17||Concrete (Hand Mixer)|
|28||Labourer (Boiler, Cattle Yard, Cultivation, Multiaxcel, Bunding, Carting-Fertilizers, Harvesting, Miscellaneous Seeding, Sowing, Thatching, Transplanting, Weeding)|
|39||Saldar (Employee working on yearly basis in Agriculture)|
|40||Security Guard (Without Arms)|
|42||Spotboy (Employee working in cinema/serials/exhibition/ production)|
|48||Tying and Carrying loose hay|
|49||Valveman (Water, Oil)|
|50||Waste removing mazdoor|
|53||Weighing and Carrying Bales|