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Contents PAYMENT OF WAGES ACT, 1936 PAGE
1. Short title, extent, commencement and application
1
2. Definitions
2
3. Responsibility for payment of wages
10
4. Fixation of wage-periods
11
5. Time of payment of wages
11
6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank account
12
7. Deductions which may be made from wages
14
8. Fines
20
9. Deductions for absence from duty
22
10. Deductions for damage or loss
23
11. Deductions for services rendered
23
12. Deductions for recovery of advances
24
12A. Deductions for recovery of loans 13. Deductions for payments to co-operative societies and insurance schemes 13A. Maintenance of registers and records 14. Inspectors
24 24 25 25
14A. Facilities to be afforded to Inspectors
26
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims
26
16. Single application in respect of claims from unpaid group
36
I-5
CONTENTS
I-6 PAGE
17. Appeal
36
17A. Conditional attachment of property of employer or other person responsible for payment of wages
40
18. Powers of authorities appointed under section 15
41
19. [Omitted by the Payment of Wages (Amendment) Act, 1964, w.e.f. 1-2-1965]
42
20. Penalty for offences under the Act
42
21. Procedure in trial of offences
46
22. Bar of suits
47
22A. Protection of action taken in good faith
48
23. Contracting out
49
24. Delegation of powers
50
25. Display by notice of abstracts of the Act
50
25A. Payment of undisbursed wages in cases of death of employed person 26. Rule making power SUBJECT INDEX
50 51 55
PAYMENT OF WAGES (PROCEDURE) RULES, 1937 1. Short title
57
2. Definitions
57
3. Form of application
58
4. Authorisation
58
5. Permission to appear
58
6. Presentation of documents
58
7. Refusal to entertain application
58
8. Appearance of parties
58
9. Record of proceedings
59
10. Signature on forms
59
11. Exercise of powers
59
12. Appeals
59
12A. Order or direction when to be made 13. Inspection of documents FORM A: Form of individual application
60 60 60
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CONTENTS PAGE
FORM B: Form of Group Application
61
FORM C: Form of Application by an Inspector or person permitted by the authority or authorised to Act
62
FORM D: Certificate of Authorisation
62
FORM E: Notice for the disposal of application
63
FORM F: Record of order or direction
63
FORM G: Notice to respondent of the day fixed for the hearing of the appeal under section 17 of the Payment of Wages Act, 1936
64
PAYMENT OF WAGES (NOMINATION) RULES, 2009 1. Short title and commencement
65
2. Definitions
65
3. Procedure for nomination
66
FORM I: Nomination and declaration Form
66
Payment of Wages Act, 1936 [SHALL BE REPEALED BY CODE ON WAGES, 2019, WITH EFFECT FROM A DATE YET TO BE NOTIFIED]
[4 OF 1936]1 An Act to regulate the payment of wages to certain classes of 2[employed persons] WHEREAS it is expedient to regulate the payment of wages to certain classes of 2 [employed persons]. It is hereby enacted as follows :— Short title, extent, commencement and application. 1. (1) This Act may be called the Payment of Wages Act, 1936. 3
[(2) It extends to the whole of India 4[***].]
(3) It shall come into force on such date5 as the Central Government may, by notification in the Official Gazette, appoint. (4) It applies in the first instance to the payment of wages to persons employed in any 6[factory, to persons] employed (otherwise than in a factory) upon any railway by a railway administration or, either directly or through a sub-contractor, by a person fulfilling a contract with a railway administration 7[, and to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2]. (5) 8[Appropriate Government] may, after giving three months’ notice of its intention of so doing, by notification in the Official Gazette, extend the provisions 1. Dated 23-4-1936. 2. Substituted for “persons employed in industry” by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. 3. Substituted by the Adaptation of Laws Order, 1950. 4. Words “except the State of Jammu and Kashmir” omitted by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970, w.e.f. 1-9-1971. Earlier the quoted words were substituted for “except Part B States” by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951. 5. With effect from 28-3-1937. 6. Substituted for “factory and to persons” by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. 7. Inserted, ibid. 8. Substituted for “The State Government” by the Payment of Wages (Amendment) Act. 2005, w.e.f. 9-11-2005.
1
S. 2
PAYMENT OF WAGES ACT, 1936
2
of 9[this Act] or any of them to the payment of wages to any class of persons employed in 10[any establishment or class of establishments specified by the 11[appropriate Government] under sub-clause (h) of clause (ii) of section 2]: 12
[Provided that in relation to any such establishment owned by the Central Government, no such notification shall be issued except with the concurrence of that Government.]
13
[(6) This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, the Central Government may, after every five years, by notification14 in the Official Gazette, specify.] STATE AMENDMENTS MAHARASHTRA
Section 1
In sub-section (6) for the words “one thousand six hundred rupees” the words “six thousand five hundred rupees” shall be substituted - Maharashtra Act No. XXXIII of 2005. WEST BENGAL
Sub-section (6) of section 1 shall be omitted - West Bengal Act No. XXVIII of 1993.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,— 15
[(i) “appropriate Government” means, in relation to railways, air transport services, mines and oil-fields, the Central Government and, in relation to all other cases, the State Government;]
9. Substituted for “the Act” by the Payment of Wages (Amendment) Act, 1957, w.e.f. 1-4-1958. 10. Substituted for “any industrial establishment or in any class or group of industrial establishments” by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. 11. Substituted for “Central Government or a State Government” by the Payment of Wages (Amendment) Act, 2005, w.e.f. 9-11-2005. 12. Substituted by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. Earlier the existing proviso was inserted by the Payment of Wages (Amendment) Act, 1964, w.e.f. 1-2-1965. 13. Substituted by the Payment of Wages (Amendment) Act, 2005, w.e.f. 9-11-2005. Prior to its substitution, sub-section (6), as amended by the Payment of Wages (Amendment) Act, 1957, w.e.f. 1-4-1958, Payment of Wages (Amendment) Act, 1976, w.r.e.f. 12-11-1975 and Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982, read as under : “(6) Nothing in this Act shall apply to wages payable in respect of a wage-period which, over such wage-period, average one thousand six hundred rupees a month or more.” 14. Rs. 24,000 per month vide Notification No. S.O. 2806(E), dated 28-8-2017. Rs. 18,000 per month vide Notification No. 2260(E), dated 11-9-2012. 15. Inserted by the Payment of Wages (Amendment) Act, 2005, w.e.f. 9-11-2005.
3
PAYMENT OF WAGES ACT, 1936
S. 2
16 17
[ [(ia)] “employed person” includes the legal representative of a deceased employed person; 18
[(ib)] “employer” includes the legal representative of a deceased employer;
l8
[(ic)] “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948) and includes any place to which the provisions of that Act have been applied under sub-section (1) of section 85 thereof;] (ii) 19[“industrial or other establishment” means] any— 20
[(a) tramway service, or motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;] (b) dock, wharf or jetty; 21
[(c) inland vessel, mechanically propelled;] (d) mine, quarry or oil-field; (e) plantation; (f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;
22
[(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on;]
23
[(h) any other establishment or class of establishments which 24[appropriate Government] may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette;]
16. Clauses (i), (ia) and (ib) substituted for clause (i) by the Payment of Wages (Amendment) Act, 1964, w.e.f.1-2-1965. Earlier, clause (i) was substituted by the Payment of Wages (Amendment) Act, 1957, w.e.f. 1-4-1958. 17. Clause (i) renumbered as clause (ia) by the Payment of Wages (Amendment) Act, 2005, w.e.f. 9-11-2005. 18. Clauses (ia) and (ib) renumbered as clauses (ib) and (ic), respectively, ibid. 19. Substituted for ‘“industrial establishment” means’ by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. 20. Sub-clauses (a) and (aa) substituted for sub-clause (a) by the Payment of Wages (Amendment) Act, 1964, w.e.f. 1-2-1965. 21. Substituted by the Payment of Wages (Amendment) Act, 1957, w.e.f. 1-4-1958. 22. Inserted, ibid. 23. Inserted by the Payment of Wages (Amendment) Act, 1982, w.e.f. 15-10-1982. 24. Substituted for “the Central Government or a State Government” by the Payment of Wages (Amendment) Act, 2005, w.e.f. 9-11-2005.
Payment of Wages Act 1936 with Rules – Bare Act with Section Notes AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : : ISBN NO No. of Pages : : BINDING TYPE
Taxmann’s Editorial Board Taxmann December 2025 2026 Edition 9789371262439 76 Paperback
Rs. 135 DESCRIPTION Payment of Wages Act 1936 with Rules [Bare Act with Section Notes] by Taxmann is an authoritative statutory reference on the regulation and enforcement of wage payments in India. The 2026 Edition presents the verbatim and updated text of the Act, along with allied rules, supported by concise, sectionwise notes that explain legislative intent, statutory scope, procedural safeguards, and judicial interpretation. The publication is designed to facilitate practical application, litigation, statutory compliance, and legal research in wage and labour law. This book is intended for the following audience: • Employers & HR Managers • Legal Practitioners & Advocates • Labour Law Consultants & Trade Unions • Government Departments, Inspectors & Regulatory Authorities • Academicians, Law Students & Policy Researchers • Industrial, Commercial & Service Establishments The Present Publication is the 2026 Edition, covering the amended and updated text of the Payment of Wages Act [Act No. 4 of 1936] and Rules, with the following noteworthy features: • [Updated Statutory Text] Contains the fully amended Central Act along with applicable State amendments • [Pre-amendment Provisions] Includes prior versions of provisions in amendment footnotes to explain the pre-amendment legal position • [State Amendments] Integrates State-specific modifications to ensure jurisdictional applicability • [Section-wise Notes] Provides concise editorial notes clarifying statutory meaning, scope, and practical application • [Allied Rules & Forms] Includes: o Payment of Wages (Procedure) Rules 1937 o Payment of Wages (Nomination) Rules 2009 o Prescribed statutory forms • [Judicial Guidance] References important Supreme Court and High Court decisions relevant to wage law • [Comprehensive Coverage] Covers wage payment timelines, fixation of wage periods, permissible deductions, fines, claims for unpaid or delayed wages, penalties, inspections, and appeals • [Easy Navigation] Detailed contents and subject index for quick reference • [Professional Use] Suitable for courtroom reference, compliance management, and academic study
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