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Revenue stamp regarding

(Querist) 21 September 2017 This query is : Resolved 
We pay salary to labour in their bank ac directly since last 1 year and after that we take their sign on salary register on revenue stamp. now a days because of shortage of revenue ticket we not following process of using revenue ticket and sign of labour to reduce our work as well as due to unavailability of revenue ticket.

so i want to know that it will create any problem in future because above payment of 5000 rs it is mandatory to take sign of employee on revenue. if not please send legal letter so i convince top management.
Rajendra K Goyal (Expert) 21 September 2017
Revenue stamp on receipts above Rs.5000/- has to be affixed.

2(23) "Receipt" includes any note, memorandum or writing-

(a) whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or

(b) whereby any other movable property is acknowledged to have been received in satisfaction of a debt, or

(c) whereby any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or

(d) which signifies or imports any such acknowledgment; and whether the same is or is not signed with the name of any person "


kavksatyanarayana (Expert) 21 September 2017
Now a days all government offices and PSUs are paying the salaries of their employees through designated Bank. When the salaries are being paid through Banks, there is no necessity of Revenue stamp as Govt/pvt sectors have bank proof.
Guest (Expert) 21 September 2017
Revenue receipt is required to be affixed only on cash payments above Rs.5,000/-, not in cases if paid through cheque or bank transfer.
P. Venu (Expert) 22 September 2017
Yes, payment of salary and allowances, if directly credited to the account of the employees do not require any stamped receipt or acquittance.
Kumar Doab (Expert) 05 October 2017
Depending upon the type of establishment, your state, category of employees compliance may have to be made to enactments.............

You may got trhu:

THE PAYMENT OF WAGES (AMENDMENT) ACT, 2017 NO. 1 OF 2017 [15th February, 2017]
2. For section 6 of the Payment of Wages Act, 1936, the following section shall be substituted, namely:— "6. All wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee: Provided that the appropriate Government may, by notification in the Official Gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account.".
http://labour.nic.in/sites/default/files/PoWAct2017_0.pdf
Kumar Doab (Expert) 05 October 2017
THE PAYMENT OF WAGES ACT, 1936
4 [13A. Maintenance of registers and records.— (1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
Kumar Doab (Expert) 05 October 2017
THE PAYMENT OF WAGES ACT, 1936 & RULES FRAMED THERE UNDER
https://dish.gujarat.gov.in/Images/dish/pdf/5_The_Payment_Of_Wages_Act_1936_Rules_Framed_There_Under.pdf
Kumar Doab (Expert) 05 October 2017
THE MINIMUM WAGES (CENTRAL) RULES, 1950
26. Form of registers and records: (1) to (5)
http://labour.gov.in/sites/default/files/TheMinimumWages_Central_Rules1950_0.pdf
Kumar Doab (Expert) 05 October 2017
2.
FORM NO.B[See sec.4(1) proviso (b)(i)]
Register of wages required to be maintained by small establishments
[To be maintained within seven days of the expiry of the wages period.]

https://labour.gujarat.gov.in/forms-labour.htm
Kumar Doab (Expert) 05 October 2017
Go thru Dept. of Labor website of the state.
Preferably entrust such matters to a very able senior LOCAL counsel/Law Firm specializing in Labor/service matters or your legal cell for compliance to rules and matters.
Kumar Doab (Expert) 05 October 2017
Contract Labour (Regulation & Abolition) Central Rules, 1971
Form XIX Rule 78(1)(b) : Wage Slip
22. FORM NO. XIX [See rule 78(2)(b)] Wage Slip

https://labour.gujarat.gov.in/forms-labour.htm

So proper wage slip/salary slip as per rules be issued and relevant prescribed forms/registers be maintained...
Kumar Doab (Expert) 05 October 2017
Forms for The Minimum Wages Act,1948
2) Form No.I[See sec.21(4)]
Register of Fines
-----Employer-----

https://col.gujarat.gov.in/e-citizen-miniwage_form.htm
13) Form No.IV-B
[Rule 26(2)]
Wages Slip

https://col.gujarat.gov.in/e-citizen-miniwage_form.htm
Guest (Expert) 06 October 2017
Mr. Viput Patel,

Mr. Kumar Doab (fake expert with unreal name), through his 8 vague, misleading and sidetracking posts, has provided you tutorials of hundreds of pages to be downloaded by you. You can now waste several days to read them to find whether revenue stamp is required to be affixed on payment of salaries/ wages through bank. But rest assured, even after wasting several days in your research through the suggested document, you won't find any answer.

Never mind, it is his old habit to intentionally confuse the querists profusely just to creat impression that he is the most learned member of the LCI.

However, you would be justified to ask him a question, whether he is really a legal expert.and with what legal qualifications. You would be able to see, how he would react to create some funny drama, in stead of replying your question.


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