Payment of Wages Act, 1936 (As amended by Act of 2005)

Student

1.Are offices of Chartered Accountants, Advocates, Architects/Engineers/interior decorators etc covered by purview of payment of wages act, 1936 (as amended by the amendement act of 2005) in the case of employees drawing salary less than Rs.6500/- per month being the statutory limit prescribed under the abovesaid act ?

2.Is a claim admissible under the Payment of wages act 1936, (amended act, 2005) before the appropriate authority made by an employee in the case of employers mentioned in Para 1 above whose salary is more than Rs.6500/- per month ?

3.Are part time employees working with the abovesaid employers covered under the P.O.W.A.(amended 2005) ?

 
Reply   
 
Labour Lawyer Ranchi Jharkhand

Dear sunny,


Ans. to your question - NO.

 

Now let me clarify my Ans.

Section 1 of Payment of Wages Act, 1936 deals with the Short title, extent, commencement and application of the Act and accordingly sub-section (4) of section 1 says as under:-

 

Section 1(4): It applies in the first instant to the payment of wages to persons employed in any [factory, to person] employed (otherwise than in 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, [ and to persons employed in an industrial establishment specified in sub-clauses (a) to (g) of clause (ii) of section 2]

 

Section 2 (ii)  ["industrial or other establishment" means] any -

(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 military, naval or air forces of the Union or the Civil Aviation Department of the Government of India;

(b) dock, wharf or jetty;

(c) inland vessel, mechanically propelled;

(d) mine, quarry or oil-field;

(e) plantation,

(f) workshop or the establishment in which articles are produced, adapted, or manufactured, with a view to their use, transport or sale;

(g) establishment in which any work relating to the contruction, development or maintainance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or to the suply or of water, or relating to the generation, trasmission and distribution of electricity or any other form of power is being carried on;

 

Above are the provisions as contained in the original/principal Act of 1936.

 

Let us examine 2005 amendment

The Amendment Act was published on 6th September 2005 vide no. 41 of 2005 in the Gazette of India.  

Further by virtue of notification no. S.O. 1577 (E) dated 8th November 2005 the Central Government appointed the 9th day of November 2005 as the date on which the said Amendment Act came into force.

 

There was no such amendment in the above amendment act, which enlarges the definition so as to cover the persons/employees you have stated in para-1 of your question.

 

One more important thing to be discussed:

 

Section 8 of Amendment Act is as under:

"8. In section 15 of the principal Act, -

(i) for sub-section (1) the following sub-section shall be substituted, namely: (1) The appropriate government may, by notification in the official Gazatte appoint -

 

(a) any Commissioner for Workmen's Compensation; or

(b) any ............... (i)......(ii)........ (c) ............ (d) ........(e)....

as the authority to hear and decide for any specified area all claims.......

Provided that where the appropriate government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this Act"

Meaning thereby after the amendment i.e. 9.11.2005 there must a special notification issued by the appropriate government with regard to section 8 of amendment act. If such notification is not issued by the appropriate government, the entire act comes redundant.

In some states I know personally that no notification has yet been published.

If at all any thing new please add so continue the discussion.

Vikas.

 
Reply   
 


Student

Thank u Sir for replying to my query. Please also advise :-


1)Whether any State notification regarding applicability of the P.O.W.A.(Amd 2005) is applicable to the professionals as cited above in my first communication (with special referance to the States of PUNJAB & HARYANA)


2)If answer to the said question is YES, then what is the date of notifying such legislative measure (with specific referance to the state of Punjab & Haryana) ?


Regards,


Sunny

 
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Student

Respected Sir,


Urgent reply in the matter will be highly appreciated.

 
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