The appropriate Government may, by notification in the Official Gazette, appoint a any Commissioner for Workmens Compensation or b any officer of the Central Government exercising functions as, i Regional Labour Commissioner or ii Assistant Labour Commissioner with at least two years experience or c any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years experience or d a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 14 of 1947 , or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State or e any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims Provided that where the appropriate Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.
a any Commissioner for Workmens Compensation or
b any officer of the Central Government exercising functions as, i Regional Labour Commissioner or ii Assistant Labour Commissioner with at least two years experience or
Regional Labour Commissioner or
Assistant Labour Commissioner with at least two years experience or
c any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years experience or
d a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 14 of 1947 , or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State or
e any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims Provided that where the appropriate Government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act.
Where contrary to the provisions of this Act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, or any other person acting with the permission of the authority appointed under sub-section 1 , may apply to such authority for a direction under sub-section 3 Provided that every such application shall be presented within twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be Provided further that any application may be admitted after the said period of twelve months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period.
When any application under sub-section 2 is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this Act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees Provided that a claim under this Act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority Provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner Provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to a a bona fide error or bona fide dispute as to the amount payable to the employed person or b the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence or c the failure of the employed person to apply for or accept payment.
a a bona fide error or bona fide dispute as to the amount payable to the employed person or
b the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence or
c the failure of the employed person to apply for or accept payment.
If the authority hearing an application under this section is satisfied a that the application was either malicious or vexatious, the authority may direct that a penalty 5not exceeding three hundred seventy five rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or b that in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding three hundred seventy five rupees be paid to 6the appropriate Government by the employer or other person responsible for the payment of wages.
a that the application was either malicious or vexatious, the authority may direct that a penalty 5not exceeding three hundred seventy five rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or
b that in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding three hundred seventy five rupees be paid to 6the appropriate Government by the employer or other person responsible for the payment of wages.
4A Where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final.
4B Any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the Indian Penal Code 45 of 1860 .
Any amount directed to be paid under this section may be recovered a if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and b if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate. Statement of Objects and Reasons The Payment of Wages Amendment Act, 2005 Removing the ambiguities/weakness from the extant provisions of the Act and prescribing more effective grievance redresal Over the years, it has been noticed that certain provisions of the Act have been differently interpreted thus leading to administrative difficulties in implementing the same. In order to remove ambiguities, appropriate changes are being proposed in sections 3, 7, 8 and 15 of the Act which respectively deal with responsibility for payment of wages, deductions from wages fines and claims in certain cases. State Amendments Gujarat Same as that of Maharashtra. Vide Gujarat Act 26 of 1961, sec. 2 w.e.f. 12-6-1961 . Haryana In section 15, in sub-section 1 , after the proviso, the following further proviso shall be added Provided further that the State Government may transfer any matter from one authority to the another authority. Vide Haryana Act 5 of 1985, sec. 2 w.e.f. 12-4-1985 . Karnataka 1 In its application to the State of Mysore, in section 15 for the words stipendiary Magistrate, substitute the words Judicial Magistrate. Vide Mysore Act 13 of 1965, sec. 66 and Sch. w.e.f. 1-10-1965 .
a if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate, and
b if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate. Statement of Objects and Reasons The Payment of Wages Amendment Act, 2005 Removing the ambiguities/weakness from the extant provisions of the Act and prescribing more effective grievance redresal Over the years, it has been noticed that certain provisions of the Act have been differently interpreted thus leading to administrative difficulties in implementing the same. In order to remove ambiguities, appropriate changes are being proposed in sections 3, 7, 8 and 15 of the Act which respectively deal with responsibility for payment of wages, deductions from wages fines and claims in certain cases. State Amendments Gujarat Same as that of Maharashtra. Vide Gujarat Act 26 of 1961, sec. 2 w.e.f. 12-6-1961 . Haryana In section 15, in sub-section 1 , after the proviso, the following further proviso shall be added Provided further that the State Government may transfer any matter from one authority to the another authority. Vide Haryana Act 5 of 1985, sec. 2 w.e.f. 12-4-1985 . Karnataka 1 In its application to the State of Mysore, in section 15 for the words stipendiary Magistrate, substitute the words Judicial Magistrate. Vide Mysore Act 13 of 1965, sec. 66 and Sch. w.e.f. 1-10-1965 .
Gujarat Same as that of Maharashtra. Vide Gujarat Act 26 of 1961, sec. 2 w.e.f. 12-6-1961 .
Haryana In section 15, in sub-section 1 , after the proviso, the following further proviso shall be added Provided further that the State Government may transfer any matter from one authority to the another authority. Vide Haryana Act 5 of 1985, sec. 2 w.e.f. 12-4-1985 .
Karnataka 1 In its application to the State of Mysore, in section 15 for the words stipendiary Magistrate, substitute the words Judicial Magistrate. Vide Mysore Act 13 of 1965, sec. 66 and Sch. w.e.f. 1-10-1965 .
In section 15
1 in sub-section 2 , after the word, brackets and figure sub-section 3 , the following shall be inserted, namely and in case of death of the employed person, it shall be lawful for his legal representatives to make an application for such direction
2 for sub-section 5 , the following sub-section shall be substituted, namely 5 Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890. Vide Karnataka Act 2 of 1977, sec. 5 w.e.f. 1-2-1982 . Madhya Pradesh.In section 15, i in sub-section 1 , for the words beginning with any Commissioner and ending with to be the authority, substitute the words one or more persons to be the authority or authorities ii after sub-section 1 , insert the following sub-sections, namely 1A A person shall not be qualified for appointment as an authority under this Act, unless he is a Commissioner for Workmens Compensation or any other officer with experience as a Judge of a Civil Court or of a Labour Court constituted under the Madhya Pradesh Industrial Relations Act, 1960.
in sub-section 1 , for the words beginning with any Commissioner and ending with to be the authority, substitute the words one or more persons to be the authority or authorities
after sub-section 1 , insert the following sub-sections, namely 1A A person shall not be qualified for appointment as an authority under this Act, unless he is a Commissioner for Workmens Compensation or any other officer with experience as a Judge of a Civil Court or of a Labour Court constituted under the Madhya Pradesh Industrial Relations Act, 1960.
1B Where more than one persons are appointed for any specified area as authorities under sub-section 1 , the State Government may, by general or special order, make arrangement as it thinks fit for the distribution of the work among the authorities so appointed. iii in sub-section 2 , a after the words to act on his behalf, insert the words or a representative union recognised as such under the Madhya Pradesh Industrial Relations Act, 1960 b after the words sub-section 3 , insert the words and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction iv in sub-section 3 , a after the words employed person, insert the words or his legal representative, as the case may be b for the words ten rupees in the latter, substitute the words twenty-five rupees in the latter case and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application c in the proviso, after the words employed person occurring twice, insert the words or legal representative v for sub-section 4 , substitute the following, namely 4 the authority hearing an application under this section is satisfied, i that the application was either malicious or vexatious, the authority may direct that any penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or ii that, in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages which shall, when paid or recovered, be credited to the State Government.
in sub-section 2 , a after the words to act on his behalf, insert the words or a representative union recognised as such under the Madhya Pradesh Industrial Relations Act, 1960 b after the words sub-section 3 , insert the words and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction
a after the words to act on his behalf, insert the words or a representative union recognised as such under the Madhya Pradesh Industrial Relations Act, 1960
b after the words sub-section 3 , insert the words and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction
in sub-section 3 , a after the words employed person, insert the words or his legal representative, as the case may be b for the words ten rupees in the latter, substitute the words twenty-five rupees in the latter case and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application c in the proviso, after the words employed person occurring twice, insert the words or legal representative
a after the words employed person, insert the words or his legal representative, as the case may be
b for the words ten rupees in the latter, substitute the words twenty-five rupees in the latter case and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application
c in the proviso, after the words employed person occurring twice, insert the words or legal representative
for sub-section 4 , substitute the following, namely 4 the authority hearing an application under this section is satisfied,
that the application was either malicious or vexatious, the authority may direct that any penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or
that, in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages which shall, when paid or recovered, be credited to the State Government.
4a Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority appointed under sub-section 1 and his decision shall be final.
4b The payment of the amount directed to be paid under this section to the employed person or his legal representative, as the case may be, shall be a full and complete discharge of the employer from the liability to make such payment under this Act, and no further claim shall lie against the employer in respect thereof. Vide Madhya Pradesh Act 11 of 1964, sec. 4 w.e.f. 15-5-1964 . Maharashtra In its application to the State of Bombay which term shall stand unmodified Gujarat and Maharashtra A.L.O., 1960 , in section 15, a in sub-section 1 , for the words and figures beginning with appoint any and ending with to be the authority, substitute the words appoint one or more persons to be the authority or authorities. Vide Bombay Act 48 of 1955, sec. 3 a , w.e.f. 1-7-1956 Maharashtra Act 13 of 1961 sec. 2 w.e.f. 4-3-1961 . b after sub-section 1 , insert the following new sub-sections, namely 1A A person shall not be qualified for appointment as an authority under this Act unless he is a Commissioner for Workmens Compensation or any other officer with experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947.
Maharashtra In its application to the State of Bombay which term shall stand unmodified Gujarat and Maharashtra A.L.O., 1960 , in section 15, a in sub-section 1 , for the words and figures beginning with appoint any and ending with to be the authority, substitute the words appoint one or more persons to be the authority or authorities. Vide Bombay Act 48 of 1955, sec. 3 a , w.e.f. 1-7-1956 Maharashtra Act 13 of 1961 sec. 2 w.e.f. 4-3-1961 . b after sub-section 1 , insert the following new sub-sections, namely 1A A person shall not be qualified for appointment as an authority under this Act unless he is a Commissioner for Workmens Compensation or any other officer with experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947.
a in sub-section 1 , for the words and figures beginning with appoint any and ending with to be the authority, substitute the words appoint one or more persons to be the authority or authorities. Vide Bombay Act 48 of 1955, sec. 3 a , w.e.f. 1-7-1956 Maharashtra Act 13 of 1961 sec. 2 w.e.f. 4-3-1961 .
b after sub-section 1 , insert the following new sub-sections, namely 1A A person shall not be qualified for appointment as an authority under this Act unless he is a Commissioner for Workmens Compensation or any other officer with experience as a Judge of a Civil Court or as a stipendiary Judicial Magistrate or as a Judge of a Labour Court or as a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as a presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947.
1B Where more than one person are appointed for any specified area as authorities under sub-section 1 , the State Government may by general or special order make such arrangements as it thinks fit for the distribution of the work among the authorities so appointed. Vide Bombay Act 48 of 1955, sec. 3 b , w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . c in sub-section 2 , i after the words to act on his behalf, insert the words and figures or a representative union registered as such under the Bombay Industrial Relations Act, 1946, ii after the word, brackets and figure sub-section 3 , insert the following, namely, and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction Vide Bombay Act 48 of 1955, sec. 3 c , w.e.f. 1-7-1956 . iii in both the provisos, for the words six months, substitute the words one year, Vide Bombay Act 62 of 1953, sec. 4 2 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 6 w.e.f. 4-3-1961 . d in sub-section 3 i for the words refund to the employed person, substitute the words refund to the employed person or his legal representative, as the case may be Vide Bombay Act 48 of 1955, sec. 3 d w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . ii for the words ten rupees, substitute the words twenty-five rupees Vide Bombay Act 62 of 1953, sec. 4 3 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . iii after the words twenty-five rupees in the latter, insert the following words, namely and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application Vide Bombay Act 48 of 1955, sec. 3 d Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . iv in the proviso, after the words employed person, at both the places where they occur, insert the words or his legal representative. e for sub-section 4 , substitute the following namely 4 If the authority hearing any application under this section is satisfied, i that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or ii that, in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government Vide Bombay Act 62 of 1953, sec. 4 5 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . f for sub-section 5 , substitute the following, namely 5 Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of Revenue Recovery Act, 1890 Vide Bombay Act 70 of 1954, sec. 2 w.e.f. 15-11-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . g after sub-section 5 , add the following sub-section, namely 6 Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority and the decision of the authority shall be final. Vide Bombay Act 48 of 1955, sec. 3 e w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . Rajasthan In sub-section 1 , after the expression stipendiary Magistrate the expression or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 Rajasthan Act 37 of 1959 shall be inserted. Vide Rajasthan Act 11 of 1976, sec. 2. Tamil Nadu.In section 15, for sub-section 5 , the following sub-section shall be substituted, namely 5 If any amount directed to be paid under this section is not paid by the employer or by other person responsible for payment of wages under section 3 to the person entitled thereto, the authority shall, on an application made to it by such person himself, or any legal practitioner, or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, issue a certificate for that amount to the Collector, who shall recover the same, as arrears of land revenue and pay the same to the person entitled thereto. Vide Tamil Nadu Act 27 of 1986. Section 15A Andhra Pradesh.After section 15, insert the following section, namely 15A. Exemption of court-fees in respect of proceedings under section 15. 1 In respect of any proceedings under section 15, the applicant shall not be liable to pay any court-fees, other than fees, payable for service of process Provided that, where the application is presented by an Inspector or any person acting with the permission of the authority appointed under sub-section 1 of section 15, he shall not also be liable to pay the fees for service of process.
c in sub-section 2 , i after the words to act on his behalf, insert the words and figures or a representative union registered as such under the Bombay Industrial Relations Act, 1946, ii after the word, brackets and figure sub-section 3 , insert the following, namely, and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction Vide Bombay Act 48 of 1955, sec. 3 c , w.e.f. 1-7-1956 . iii in both the provisos, for the words six months, substitute the words one year, Vide Bombay Act 62 of 1953, sec. 4 2 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 6 w.e.f. 4-3-1961 .
after the words to act on his behalf, insert the words and figures or a representative union registered as such under the Bombay Industrial Relations Act, 1946,
after the word, brackets and figure sub-section 3 , insert the following, namely, and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction Vide Bombay Act 48 of 1955, sec. 3 c , w.e.f. 1-7-1956 .
in both the provisos, for the words six months, substitute the words one year, Vide Bombay Act 62 of 1953, sec. 4 2 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 6 w.e.f. 4-3-1961 .
d in sub-section 3 i for the words refund to the employed person, substitute the words refund to the employed person or his legal representative, as the case may be Vide Bombay Act 48 of 1955, sec. 3 d w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . ii for the words ten rupees, substitute the words twenty-five rupees Vide Bombay Act 62 of 1953, sec. 4 3 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . iii after the words twenty-five rupees in the latter, insert the following words, namely and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application Vide Bombay Act 48 of 1955, sec. 3 d Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . iv in the proviso, after the words employed person, at both the places where they occur, insert the words or his legal representative.
for the words refund to the employed person, substitute the words refund to the employed person or his legal representative, as the case may be Vide Bombay Act 48 of 1955, sec. 3 d w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
for the words ten rupees, substitute the words twenty-five rupees Vide Bombay Act 62 of 1953, sec. 4 3 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
after the words twenty-five rupees in the latter, insert the following words, namely and the authority may direct the payment of such compensation in cases, where the amount deducted or delayed wages are paid by the employer to the employed person or his legal representative before the disposal of the application Vide Bombay Act 48 of 1955, sec. 3 d Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
in the proviso, after the words employed person, at both the places where they occur, insert the words or his legal representative.
e for sub-section 4 , substitute the following namely 4 If the authority hearing any application under this section is satisfied, i that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or ii that, in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government Vide Bombay Act 62 of 1953, sec. 4 5 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or
that, in any case in which compensation is directed to be paid under sub-section 3 , the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees be also paid by the employer or other person responsible for the payment of wages. The amount of such penalty when paid or recovered shall be credited to the State Government Vide Bombay Act 62 of 1953, sec. 4 5 w.e.f. 10-5-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
f for sub-section 5 , substitute the following, namely 5 Any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of Revenue Recovery Act, 1890 Vide Bombay Act 70 of 1954, sec. 2 w.e.f. 15-11-1954 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 .
g after sub-section 5 , add the following sub-section, namely 6 Where a question arises as to whether any person is or is not a legal representative of the deceased employed person, such question shall be determined by the authority and the decision of the authority shall be final. Vide Bombay Act 48 of 1955, sec. 3 e w.e.f. 1-7-1956 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . Rajasthan In sub-section 1 , after the expression stipendiary Magistrate the expression or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 Rajasthan Act 37 of 1959 shall be inserted. Vide Rajasthan Act 11 of 1976, sec. 2. Tamil Nadu.In section 15, for sub-section 5 , the following sub-section shall be substituted, namely 5 If any amount directed to be paid under this section is not paid by the employer or by other person responsible for payment of wages under section 3 to the person entitled thereto, the authority shall, on an application made to it by such person himself, or any legal practitioner, or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, issue a certificate for that amount to the Collector, who shall recover the same, as arrears of land revenue and pay the same to the person entitled thereto. Vide Tamil Nadu Act 27 of 1986. Section 15A Andhra Pradesh.After section 15, insert the following section, namely 15A. Exemption of court-fees in respect of proceedings under section 15. 1 In respect of any proceedings under section 15, the applicant shall not be liable to pay any court-fees, other than fees, payable for service of process Provided that, where the application is presented by an Inspector or any person acting with the permission of the authority appointed under sub-section 1 of section 15, he shall not also be liable to pay the fees for service of process.
Rajasthan In sub-section 1 , after the expression stipendiary Magistrate the expression or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 Rajasthan Act 37 of 1959 shall be inserted. Vide Rajasthan Act 11 of 1976, sec. 2. Tamil Nadu.In section 15, for sub-section 5 , the following sub-section shall be substituted, namely 5 If any amount directed to be paid under this section is not paid by the employer or by other person responsible for payment of wages under section 3 to the person entitled thereto, the authority shall, on an application made to it by such person himself, or any legal practitioner, or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under this Act, issue a certificate for that amount to the Collector, who shall recover the same, as arrears of land revenue and pay the same to the person entitled thereto. Vide Tamil Nadu Act 27 of 1986. Section 15A Andhra Pradesh.After section 15, insert the following section, namely 15A. Exemption of court-fees in respect of proceedings under section 15. 1 In respect of any proceedings under section 15, the applicant shall not be liable to pay any court-fees, other than fees, payable for service of process Provided that, where the application is presented by an Inspector or any person acting with the permission of the authority appointed under sub-section 1 of section 15, he shall not also be liable to pay the fees for service of process.
Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate in the manner prescribed the amount of court-fees which would have been payable by the applicant but for sub-section 1 and direct the employer or other person responsible for payment of wages under section 3 to pay the amount to the State Government. Where the amount is not so paid, it shall, without prejudice to any other mode of recovery, be recoverable as if it were an arrear of land revenue. Vide Andhra Pradesh Act 21 of 1968, sec. 2 w.e.f. 26-10-1968 . Gujarat Same as that of Maharashtra. Vide Gujarat Act 26 of 1961, sec. 2 w.e.f. 12-6-1961 . Karnataka After section 15, the following section shall be inserted, namely 15A. Liability for payment of court-fees. 1 In any proceedings under section 15, the applicant shall not be liable to pay any court-fees other than fees payable for the service of process in respect of such proceedings Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
Gujarat Same as that of Maharashtra. Vide Gujarat Act 26 of 1961, sec. 2 w.e.f. 12-6-1961 .
Karnataka After section 15, the following section shall be inserted, namely 15A. Liability for payment of court-fees. 1 In any proceedings under section 15, the applicant shall not be liable to pay any court-fees other than fees payable for the service of process in respect of such proceedings Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section 1 and direct the employee or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.
When an appeal is preferred under section 17 by a person making an application under section 15, the provisions of sub-sections 1 and 2 shall mutatis mutandis apply with the modification that such person, not being an Inspector, shall pay court-fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal. Vide Karnataka Act 2 of 1997, sec. 6 w.e.f. 1-12-1982 . Maharashtra In its application to the State of Bombay, after section 15, insert the following section, namely 15A. Liability for payment of court-fees. 1 In any proceedings under section 15, the applicant shall not be liable to pay any court-fees other than fees payable for the service of process in respect of such proceedings Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
Maharashtra In its application to the State of Bombay, after section 15, insert the following section, namely 15A. Liability for payment of court-fees. 1 In any proceedings under section 15, the applicant shall not be liable to pay any court-fees other than fees payable for the service of process in respect of such proceedings Provided that when the application is presented by an Inspector he shall not be liable to pay the process fees also.
Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section 1 and direct the employee or other person responsible for the payment of wages under section 3 to pay such amount to the State Government. Such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. Vide Bombay Act 62 of 1953, sec. 5 w.e.f. 10-5-1994 Maharashtra Act 13 of 1961, sec. 2 w.e.f. 4-3-1961 . Rajasthan Same as that of Maharashtra, except that in the proviso, for the word also at the end, word even is used. Vide Rajasthan Act 13 of 1970, sec. 3 w.e.f. 3-12-1970 .
Rajasthan Same as that of Maharashtra, except that in the proviso, for the word also at the end, word even is used. Vide Rajasthan Act 13 of 1970, sec. 3 w.e.f. 3-12-1970 .