Friends,
It is proposed to amend the Payment of Wages Act, 1932, providing for the payment of wages by cheque or by crediting the amount to a bank account. Please refer to the attachment for the draft amendment.
Thanks
Source:
http://labour.gov.in/sites/default/f..._amendment.pdf
From India, Malappuram
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1446It is proposed to amend the Payment of Wages Act, 1932, providing for the payment of wages by cheque or by crediting the amount to a bank account. Please refer to the attachment for the draft amendment.
Thanks
Source:
http://labour.gov.in/sites/default/f..._amendment.pdf
From India, Malappuram
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Respected Agarwal Ji,
Thanks for sharing the proposed notification on the amendment of the Payment of Wages Act, 1936. Members are requested to send their objections or suggestions, if any, to the Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 by December 16, 2016.
BS Kalsi,
Member since August 2011
From India, Mumbai
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Thanks for sharing the proposed notification on the amendment of the Payment of Wages Act, 1936. Members are requested to send their objections or suggestions, if any, to the Secretary, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001 by December 16, 2016.
BS Kalsi,
Member since August 2011
From India, Mumbai
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This is a good move. Maharashtra made this amendment to the act almost 6 years ago. However, they should also make consequent changes so that signing every page of the contractor's payroll register with the words "paid before me" can stop.
From India, Mumbai
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From India, Mumbai
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In the light draft notification of December 2, 2016, an ordinance was issued on December 29, 2016. However, the wording "Provided that the appropriate government may, by notification in the official Gazette, specify the industrial or other establishments, the employers of which shall pay wages to every person in such establishment only by cheque or wages credited to his bank account," conveys a different meaning. Is this an option for the State Government to make amendments?
From India, Chandigarh
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From India, Chandigarh
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Yes, each state government can make, but the central government may also make it for the entire country
From India, Mumbai
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From India, Mumbai
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Thanks Mr Banerjee: Would you please clarify that ordinance dated December 29 would be applicable on entire country or we should wait for the amendment by the state Govt?
From India, Chandigarh
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From India, Chandigarh
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I was hoping some senior or lawyer on the forum would clarify. My question is the same - can the Center issue a notification for the entire country when it's a state subject? I guess we need to wait for the center to actually pass such a notification.
From India, Mumbai
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From India, Mumbai
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Mr. P.C. Aggarwal has started this thread. He is a legal person. I think he should clarify whether this amendment is applicable to the entire India or if states would have to issue separate notifications in this regard.
From India, Chandigarh
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From India, Chandigarh
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Dear Saswata Banerjee,
Though the Payment of Wages Act, 1936 is a Central Act and the Central Government could have easily made a general provision asking the employers to pay the wages either by cheque or by crediting the wages in their employees' bank accounts, it has been left to the State Governments to examine the feasibility, convenience, and other allied factors and issue notifications for the industrial establishments under their jurisdiction accordingly.
BS Kalsi
Member Since August 2011
From India, Mumbai
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Though the Payment of Wages Act, 1936 is a Central Act and the Central Government could have easily made a general provision asking the employers to pay the wages either by cheque or by crediting the wages in their employees' bank accounts, it has been left to the State Governments to examine the feasibility, convenience, and other allied factors and issue notifications for the industrial establishments under their jurisdiction accordingly.
BS Kalsi
Member Since August 2011
From India, Mumbai
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The appropriate governing body under the Minimum Wages Act is the State Government. The Act has delegated power under the MW Act to the State Government to notify wage revisions, define categories, ensure its directions, resolve disputes, and administer its execution within its own state at local levels. Therefore, the Central Government cannot usurp the State Government's rights in an arbitrary manner for some things and leave others for the State Governments. It is logical and in accordance with the law of jurisprudence that the Centre, in the said amendment, gave this as an option to State Governments either to make rules for cash or through cheque payments.
Regards,
RDS Yadav
From India, Delhi
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Regards,
RDS Yadav
From India, Delhi
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Payment of Min Wages Act Mah Amendment July 2011.pdf
AMENDMENT-TO-PA YMENT-OF-WAGES- ACT-11th-Septem ber-2012.doc