Payment of Wages Act, 1936
8.
Fines
(1)
No fine shall be imposed on any employed person save in respect of such acts and
omissions on his part as the employer with the previous approval of the State
Government or of the prescribed authority may have specified by notice under
sub-section (2).
(2)
A notice specifying such acts and omissions shall be exhibited in the prescribed
manner on the premises in which the employment carried on or in the case of
persons employed upon a railway (otherwise than in a factory) at the prescribed
place or places.
(3)
No fine shall be imposed on any employed person until he has been given an
opportunity of showing cause against the fine or otherwise than in accordance
with such procedure as may be prescribed for the imposition of fines.
(4)
The total amount of fine which may be imposed in any one wage-period on any
employed person shall not exceed an amount equal to three per cent of the wages
payable to him in respect of that wage-period.
(5)
No fine shall be imposed on any employed person who is under the age of fifteen
years.
(6)
No fine imposed on any employed person shall be recovered from him by
instalments or after the expiry of sixty days from the day on which it was
imposed.
(7)
Every fine shall be deemed to have been imposed on the day of the act or
omission in respect of which it was imposed.
(8)
All fines and all realisations thereof shall be recorded in a register to be
kept by the person responsible for the payment of wages under section 3 in such
form as may be prescribed; and all such realisations shall be applied only to
such purposes beneficial to the persons employed in the factory or
establishment as are approved by the prescribed authority.
Explanation:
When the persons employed upon or in any
railway, factory or industrial or other establishment are part only of a staff
employed under the same management all such realisations may be credited to a
common fund maintained for the staff as a whole provided that the fund shall be
applied only to such purposes as are approved by the prescribed authority.