PAYMENT OF WAGES (RAILWAYS) RULES, 1938
(1) These Rules may be called The Payment of Wages (3[* * *] Railways) Rules. 1938.
4[(1A) they extend to the whole of India 4[* * *].]
(2) These Rules apply in respect of the payment of wages to persons employed upon any 5[* * *] railway (including factories) by or under a Railway Administration 5[or by contractor) 5[* * *].
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1.The word "Federal" omitted by the Payment of Wages (Railways) (Amendment) Rules, 1952 vide SRO 429, dated 4-3-1952.
2.Vide Notification No. L. 3070(1), dated 5-5-1938.
3.The word "Federal" omitted by the Payment of Wages (Railways) (Amendment) Rules, 1952 vide SRO 429, dated 4-3-1952.
&
In these Rules, unless there is anything repugnant in the subject or context
(a) "the Act" means the Payment of Wages Act (4 of 1936);
(b) "the Authority" means the authority appointed under sub-section (1) of section 15 of the Act;
(c) "the Court" means the count mentioned in sub-section (1) of section 17 of the Act;
(d) "deduction for breach of contract" means a deduction made in accordance with the provisions of the proviso to sub-section (2) of section 9;
(e) "deduction for damage or loss" means a deduction made in accordance with the provisions of clause (c) of sub-section (2) of section 7;
6[(f) ***]
7[(ff) (i)
(1) The nomination form given by a railway servant in respect of payment of provident fund deposits shall be treated as the nomination form for the purpose of disbursement of unpaid wages.]
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9 Omitted by the Payment of Wages (Railways) (Amendment) Rules, 1952 vide SRO 429, dated 4-3-1952.
(1) On any railway where the employer has obtained approval under sub-section (1) of section 8 to list of acts and omissions in respect of which fines may be imposed, the paymaster shall maintain a Register of Fines in Form I.
(2) At the beginning of the Register of Fines there shall be serially entered and numbered the approved purpose or purposes on which the fines realised are to be expended.
(3) When any disbursements are made from the fines realised, a deduct entry of the amount so expended shall be made in the Register of Fines, and a voucher or receipt in respect of the amount shall be affixed to the Register. If more than one purpose has been
10[(4) Where no fine has been imposed on any employee in a wage period, a "nil" entry shall be made across the body of the register at the end of
(1) On every railway in which deductions for damage or loss are made, the paymaster shall maintain the register required by sub-section (2) of section 10 in Form 11.
11[(2) Where no deduction has been made from the wages of any employee in a wage period, a "nil" entry shall be made across the body of the register at the end of the wage period, indicating also in precise terms the wage period to which the "nil" entry relates.]
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11. Substituted for clause (l) by the Payment of Wages (Railways) (Amendment) Rules, 1983 vide GSR 443, dated 25-5-1983.
A Register of Wages shall be maintained by every employer 12[* * *] in such form as the paymaster finds convenient The said Register shall include the following particulars
(a) the gross wages of each person employed for each wage period;
(b) all deductions made from those wages, with an indication, in each case, of the clause of sub-section (2) of section 7 under which the deduction is made;
(c) the wages actually paid to each person employed for each wages period and the date of payment.
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12. Inserted by the Payment of Wages (Railways) (Amendment) Rules, 1988, w.e.f. 29-11-1988 vide GSR 1159(E), dated
Notwithstanding anything contained in these rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under these Rules may be used with the previous approval of the Chief Labour Commissioner 12[(Central)]
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13. Inserted by the Payment of Wages (Railways) (Amendment) Rules. 1983 vide GSR 443, dated 25-5-1983.
12. Inserted by the Payment of Wages (Railways) (Amendment) Rules, 1988, w.e.f. 29-11-1988 vide GSR 1159(E), dated 9-12-1988, approved, the entry of the disbursement shall also indicate the purpose for which it is made.
The registers required by rules 3, 4, 14[,5 and 18(3)), 15[including registers maintained in lieu thereof in accordance with the provisions of rule 5A] shall be 16(maintained up to dale, kept and preserved for three years after the date of the last entry made in them, at the workspot and be produced before the Inspector on demand at the workspot):
17[Provided that the Paymaster may with prior approval of the Regional Labour Commissioner (Central) preserve and keep the registers at place other than the workspot:]
18[Provided further that in the event of closure of any establishment of Railway Administration or contractor, as the case may be, the Paymaster shall produce the registers before the Inspectors on demand in the office of the Inspector or any other place specified by him.]
The register
The 19[Regional Labour Commissioner (Central)] shall specify such place or places on the railway, other than factories, as he thinks fit (hereinafter referred to as "specified place" or "specified places") for the display of notices, lists and rules under rules 8, 12 and 16.
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19. Inserted, preserved for twelve months after the date of last entry made in them" by the Payment of Wages (Railways) (Amendment) Rules, 1983 vide GSR 443, dated 25-5-1983.
(1) The paymaster shall display in a conspicuous place at every station or establishment, within his jurisdiction, a notice in English and Hindi or in the language (if that be not Hindi) of the majority of the persons employed at such stations or establishment, as the case may be, showing
(i) the wage period for which wages arc payable; 21[* * *]
(ii) the days or dates on which wages are to be paid;
22[(iii) the days or dales on which unpaid wages are to be paid; and
(iv) names and addresses of Inspectors having jurisdiction.]
(2) Every such notice shall be maintained in a clean and legible condition.
(3) A copy each of every such notice and of any alteration t
On direction of the Inspector, the Paymaster or his representative at the workspot shall pay wages to the employed person under his supervision.]
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23. The word "and" omitted by the Payment of Wages (Railways) (Amendment) Rules, 1983 vide GSR 443, dated 25-5-1983.
24((1) The 9[Regional Labour Commissioner (Central)] shall be the authority competent to approve, tinder sub-section (1) of section 8, acts and omissions in respect of which fines may be imposed and under sub-section (8) of section 8, the purposes to which the proceeds of fines shall be applied.
25[(2) The Chairman of the Staff Benefit Fund Committee functioning in each zonal railway, production units of the railways and other railway organisations, independent of a zonal railway, shall be the prescribed authority with whom the amount required to be deposited under clause (b) of sub-section (1) of section 25A of the Act shall be deposited and who shall deal with the amount so deposited in the manner prescribed in rule 18B.
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24. Inserted the Pay
Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employed persons shall send to the 26(Regional Labour Commissioner (Central)]
(a) a list, in English, in duplicate, clearly defining such acts and omissions;
(b) in cases where the Railway Administration itself does not intend to be the sole authority empowered to impose fines, a list in duplicate, showing, by virtue of office, such of its officers as may pass orders imposing fines and the class of establishment on which any such officers may impose fine.
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26. Substituted for "supervisor" by me Payment of Wages (Railways) (Amendment) Rules, 1983 vide GSR 443, dated 25-5-1983.
The 27[Regional Labour Commissioner (Central)] may, on receipt of the list prescribed in sub-rule (a) of rule 10, and after such inquiry as he considers necessary, pass orders in respect of the list referred to in clause (a) of rule 10 either
(a) disapproving the list.
(b) approving the list either in its original form or as amended by him, in which case such list shall be deemed to have been approved under sub-section (1) of section 8:
Provided that no order disapproving or amending the list shall be passed unless the employer shall have been given an opportunity of showing cause orally or in writing against such order.
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27. Inserted by the Payment of Wages (Railways) (Amendment) Rules, 1988, w.e.
The employer shall display at or near the main entrance of every factory, and at the specified place or specified places, a copy in English, together with a literal translation thereof in the language of the majority of the persons employed at such factory or place, or the list of acts and omissions approved by the authority prescribed under rule 9.
(1) No fine may be imposed upon a person employed by a Railway Administration, by any person other than the Railway Administration, or by a person holding an appointment named in the list referred to in clause (b) of rule 10.
(2) In the case of persons employed by a contractor, no fines may be imposed by any person other than the contractor:
Provided that a contractor who runs more than one establishment in two or more localities, and who employs not less than 50 persons in one locality, may, with the approval of the supervisor, delegate his power to fine to his representative in that locality.
29[(1) No fine shall be imposed and no deduction for damage or loss under subsection (1) of section 10 of the Act, shall be made from a person employed by a Railway
Administration except in accordance with the procedure laid down in the rules in force on the Railway and until the employed person has been given an opportunity of showing cause against such imposition or deduction.]
(2) No fine shall be imposed on and no deduction for damage or loss shall be made from the wages of a person employed by a contractor until the person authorised to impose the fine or make the deduction has explained personally to the said person the act or omission of damage or loss, in respect of which the fine or deduction is proposed to be imposed and the amount of the fine or deduction which it is proposed to impose and has heard his explanation in the pres
The person imposing a fine or directing the making of a deduction for damage or loss shall (unless such person is a paymaster) at once inform the paymaster of all particulars necessary for the completion of the register prescribed in rule 3 or rule 4, as the case may be.
(1) No deduction under the proviso to sub-section (2) of section 9 shall be made from the wages of an employed person who is under the age of fifteen years or is a woman.
(2) No such deduction shall be made from the wages of any employed person unless
(a) there is provision is writing in the terms of contract of employment requiring him to give notice of the termination of his employment: and
(i) the period of this notice does not exceed fifteen days or the wage-period, whichever is less; and
(ii) the period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment;
(b) this rule has been displayed in English and in the language of the
Annual return.
Every employer shall send a return in Form III so as to reach the 30[Regional Labour Commissioner (Central)] not later than the 15th of 31[February] following the end of the year to which it relates.
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30. Substituted for "supervisor" by the Payment of Wages (Railways) (Amendment) Rules, 1983 vide GSR 443, dated 25-5-1983.
31. Substituted for "May" by the Payment of Wages (Railways) (Amendment) Rules, 1962 vide SO 2497, dated 31-7-1962.
(1) An advance of wages not already earned shall not ordinarily exceed the amount equal to two calendar months wages of the employed person. In exceptional cases, the amount of such advance may, with the previous sanction of the 32[Regional Labour Commissioner (Central)], be made to the extent of four calendar month's wages.
(2) The advance may be recovered in instalments by deductions from wages spread over not more than 12 months in the case of ordinary advance and 20 months in the case of special advance. In so case shall the amount of instalment exceed l/4th of the wages earned in one month.
(3) The amounts of all advances sanctioned and the repayment thereof shall be entered in a register in Form V.
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3
In respect of the staff on Indian Railways including Production units and their subordinate establishments, all amount of undisbursed wages remaining with the paymaster on account of death of an employee or on account of his whereabouts not being known, shall be transferred to the Staff Benefit Fund by the Accounts Officer after the expiry of three years.
(2) The amount referred to in sub-rule (1) shall be deposited by the paymaster together with relevant details in Form VI to the Chairman, Staff Benefit Fund.
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33. Inserted sections 18A to 18D by the Payment of Wages (Railways) (Amendment) Rules, 1988. w.e.f. 29-11-1988 vide GSR 1159(E), dated 9-12-1988.
(1) The amounts deposited with the Chairman, Staff Benefit Fund under rule 18A shall remain with the Chairman of the Fund for four years.
(2) As soon as possible the Railway Administration will publish in any two Newspapers circulated in the language commonly understood in the area in which the factory or the establishment in which the undisbursed wages were earned, is situated and will exhibit them on notice-board of the factory or establishment.
(3) The prescribed authority shall release the money to the nominee or to that person who has claim to this money and which has been decided by the competent authority/court.
The amount deposited under rule 18A shall be applied by the Chairman of the Staff Benefit Fund to meet the expenditure for the purpose prescribed for Staff Benefit Fund.
The spouse or children and where the employed person does not have spouse or children, the dependent relative in the order of precedence given in clause (ff) of rule 2 can make claims of the amount at any time within seven years during which time the wages remain with the paymaster for a period of first three years, as specified to rule 18A(1) and then credited to the Staff Benefit Fund. In such cases, only the principal amount as remaining with the paymaster deposited by the paymaster with the Chairman, Staff Benefit Fund Committee shall be payable to the claimant.
The procedure to be followed by the authorities appointed under sub-section (1) of section 15 and the Courts mentioned in subsection (1) of section 17, of the Act, the scales of costs which may be allowed in, and the amount of court-fees payable in respect of, proceedings under the Act to which these rules
apply shall be such procedure, scales and amount as are from time to time prescribed by the Stale Government in the exercise of its powers under the Act in that behalf of the Authority or Court concerned.
The abstracts of the Act and of the Rules made thereunder to be displayed under section 25 shall be in Form IV.
Any breach of rules 3, 4, 5, 34[5A], 6, 8, 12, 15, 35[17 and 18(3)] of these Rules shall be punishable with fine which may extend to two hundred rupees.
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35. Substituted for "and 17" by the Payment of Wages (Railways) (Amendment) Rules, 1955 vide SO 711, dated 24-3-1955.
Annexure I
Sl. No. Name and address of the employee Wage period Amount payable
1 2 3 4
1.
2.
3. Total
Annexure II
Sl. No. Name and address of the employee Name and address of nominee(s) Wage period Amount payable
1 2 3 4
1.
2.
3. Total
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