Minimum Wages (Central) Rules,1950 (PDF File)

 

The Minimum Wages (Central) Rules, 1950

Preliminary   Inexercise of the powers conferred by section 30 of the Minimum WagesAct,- 1948 (XI of 1948), the Central Government is pleased to make thefollowing rules, the same having been previously published as requiredby the said section, namely,-     1. Short title and extent.-   The rules may be called The Minimum Wages (Central) Rules, 1950.         2. Interpretation.-   In these rules unless the context otherwise requires,- (a) 'Act' means the Minimum Wages Act, 1948; (b) 'Advisory Committee' means an Advisory Committee appointed undersection 6 and includes an advisory sub-committee appointed under thatsection; (c) 'Authority' means the authority appointed under sub-section (1) of section 20. (d) 'Board' means the Advisory Board appointed under section 7; (e) 'Chairman'means the Chairman of the Advisory Board, the Committee or the AdvisoryCommittee, as the case may be, appointed under section 9; (f) 'Committee'means a Committee appointed under clause (a) of sub-section (1) ofsection 5 and includes a sub-committee appointed under that section; (ff) 'day' means a period of twenty-four hours beginning at midnight ; (g) 'form' means a form appended to these rules; (h) 'Inspector' means a person appointed as Inspector under section 19; (i) 'registered trade union' means a trade union registered under the Indian Trade Unions Act, 1926; (j) 'section' means a section of the Act; and (k) allother words and expressions used herein and not defined shall have themeanings respectively assigned to them under the Act.           1. Vide Notification No. S.R.O. 776, dated 14th October, 1950.         3. Term of office of the members of the Committee and the Advisory Committee.-   Theterm of office of the members of the Committee or an Advisory Committeeshall be such as in the opinion of the Central Government is necessaryfor completing the enquiry into the scheduled employment concerned andthe Central Government may, at the time of the constitution of theCommittee, or Advisory Commiittee, as the case may be, fix such termsand may, from time to time, extend it as circumstances may require.         4. Term of office of members of the Board.-   (1) Saveas otherwise expressly provided in these rules the term of office of anon-official member of the Board, shall be two years commencing fromthe date of his nomination:   Providedthat such member shall, notwithstanding the expiry of the said periodof two years continue to hold office until his successor is nominated. (2) A non-official member of the Board nominated to fill a casual vacancyshall hold office for the remaining period of the term of office of themember in whose place he is nominated. (3) The official member of the Board shall hold office during the pleasure of the Central Government.         4A. Nomination of substitute-members.-   Ifa member is unable to attend a meeting of the Committee or the Board,the Central Government or the body which nominated him may, by noticein writing signed on its behalf and by such member and addressed to theChairman of the said Committee or the Board, nominate a substitute inhis place to attend that meeting. Such a substitute-member shall haveall the rights of a member in respect of that meeting.         5. Travelling allowance.-   A non-official member of the Committee, an Advisory Committee or theBoard, shall be entitled to draw travelling and halting allowance forany journey performed by him in connection with his duties as suchmember at the rates and subject to the conditions applicable to aGovernment servant of the first class under the appropriate rules ofthe Central Government.         6. Staff.-   (1) TheCentral Government may appoint a Secretary to the Committee, anAdvisory Committee or the Board and such other staff as it may thinknecessary, and may fix the salaries and allowances payable to them andspecify their conditions of service. (2) (i) The Secretary shall be the Chief Executive Officer of the Committee,the Advisory Committee, or the Board, as the case may be. He may attendthe meetings of such Committee, Advisory Committee or Board but shallnot be entitled to vote at such meetings. (ii) TheSecretary shall assist the Chairman in convening meetings and shallkeep a record of the minutes of such meetings and shall take necessarymeasures to carry out the decision of the Committee, the AdvisoryCommittee or the Board, as the case may be.     7. Eligibility for re-nomination of the members of the Committee, Advisory Committee and the Board.   An outgoing member shall be eligible for re-nomination for themembership of the Committee, the Advisory Committee or the Board ofwhich he was a member.     8. Resignation of the Chairman and members of the Committee and the Board and filling of the casual vacancies.-   (1) A member of the Committee or the Board, other than the Chairman, may,by giving notice in writing to the Chairman, resign his membership. TheChairman may resign by a letter addressed to the Central Government. (2) A resignation shall take effect from the date of communication of itsacceptance or on the expiry of 30 days from the date of resignationwhichever is earlier. (3) When a vacancy occurs or is likely to occur in the membership of theCommittee or the Board, the Chairman shall submit a report to theCentral Government immediately. The Central Government shall take stepsto fill the vacancy.     9. Cessation and restoration of membership.-   (1) Ifa member of the Committee, Advisory Committee, or the Board fails toattend three consecutive meetings, he shall, subject to the provisionsof sub-rule (2), cease to be a member thereof. (2) Aperson, who ceases to be a member under sub-rule (1) shall be givenintimation of such ceassation by a letter sent to him by registeredpost within fifteen days from the date of such cessation. The lettershall indicate that if he desires restoration of his membership, he mayapply therefor within thirty days from the receipt of such letter. Theapplication for restoration of membership, if received within the saidperiod, shall be placed before the Committee, the Advisory Committee orthe Board, as the case may be, and if a majority of members present atthe next meeting is satisfied that the reasons for failure to attendthree consecutive meetings are adequate, the member shall be restoredto membership immediately after a resolution or to that effect isadopted.     10. Disqualification.-   (1) A person shall be disqualified for being nominated as, and for being amember of he Committee, Advisory Committee or the Board, as the casemay be-   (i) if he is declared to be of unsound mind by a competent court; or ii) if he is an undischarged insolvent; or (iii) if before or after the commencement of the Act, he has been convicted of an offence involving moral turpitude. (2) If any question arises whether a disqualification has been incurredunder sub-rule (1), the decision of the Central Government thereonshall be final.     11. Meetings.-   TheChairman may, subject to the provisions of rule 12, call a meeting ofthe Committee, Advisory Committee or the Board, as the case may be, atany time he thinks fit:   Providedthat on a requisition in writing from not less than one-half of themembers, the Chairman shall call a meeting within fifteen days from thedate of the receipt of such requisition.     12. Notice of meetings.-   TheChairman shall fix the date, time and place of every meeting and anotice in writing containing the aforesaid particulars along with alist of business to be conducted at the meeting shall be sent to eachmember by registered post at least fifteen days before the date fixedfor such meeting:   Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.     13. Chairman.   (1) The Chairman shall preside at the meetings of the Committee, Advisory Committee or the Board, as the case may be. (2) Inthe absence of the Chairman at any meeting, the members shall electfrom amongst themselves by a majority of votes, a member, who shallpreside at such meeting.     1[14. Quorum.-   No business shall be transacted at any meeting unless at least one third of the members are present : Providedthat if at any meeting less than one-third of the members are present,the Chairman may adjourn the meeting to a date not later than sevendays from the date of the original meeting and it shall thereupon belawful to dispose of the business at such adjourned meetingirrespective of the number of members present:] 2[Providedfurther that the date, time and place of such adjourned meeting shallbe intimated to all the members by telegram or by a writtencommunication.]     15. Disposal of Business.-     Allbusiness shall be considered at a meeting of the Committee, AdvisoryCommittee or the Board, as the case may be, and shall be decided by amajority of the votes of members present and voting. In the event of anequality of votes, the Chairman shall have a casting vote: Providedthat the Chairman may, if he thinks fit, direct that any matter shallbe decided by the circulation of necessary papers and by securingwritten opinion of the members: Providedfurther that no decision on any matter under the preceding provisoshall be taken, unless supported by not less than two-thirds majorityof the members.     16. Method of voting.-   Voting shall ordinarily be by show of hands, but if any member asks forvoting by ballot, or if the Chairman so decides, the voting shall be bysecret ballot and shall be held in such manner as the Chairman maydecide.     17. Proceedings of the meetings.-   (1) Theproceedings of each meeting inter alia the names of the members presentthere shall be forwarded to each member and to the Central Governmentas soon after the meeting as possible and in any case, not less thanseven days before the next meeting. (2) Theproceedings of each meeting shall be confirmed with such modification,if any, as may be considered necessary at the next meeting.       1. Subs.by notification No. G.S.R. 2201, dated 12th December, 1968, publishedin the Gazette of India, Pt. II, Sec. 3 (i), dated 21st December, 1968. 2. Subs.by The Minimum Wages (Central) (Second Amendment) Rules, 1974, VideNotification No. G.S.R 751, dated 1st July, 1974 for the second proviso(w.e.f. 13-7-1974).         18. Summoning of witnesses and production of documents.-   (1) ACommittee, Advisory Committee or the Board may summon any person toappear as a witness in the course of aft enquiry. Such summons mayrequire a witness to appear before it on a date specified therein andto produce any books, papers or other documents and things in hispossession or under his control relating to any matter to the enquiry. (2) A summons under sub-rule (1) may be addressed to an individual or anorganisation of employers or registered trade union of workers. (3) A summons under this rule may be served-   (i) in the case of an individual, by being delivered or sent to him by registered post; (ii) in the case of an employer's organisation or the registered trade unionof workers by being delivered or sent by registered post to thesecretary or the principal officer of the organisation or union, as thecase may be. (4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908),relating to the summoning and enforcement of the appearance ofwitnesses and the production of documents shall, so far as may be,apply to proceedings before a Committee, Advisory Committee or theBoard. 1[(5) All books, papers and other documents or things produced before aCommittee, or the Board in pursuance of a sub unions issued undersub-rule (1) may be inspected by the Chairman and independent members,and also by such parties as the Chairman may allow with the consent ofother party, but the information so obtained shall be treated as'confidential' and the same shall be made public only with the consentin writing of the party concerned:     19. Expenses of witnesses.-   Everyperson who is summoned and appears as a witness before the Committee,the Advisory Committee or the Board shall be entitled to all allowancefor expenses by him in accordance with the scale for the time being inforce, for payment of such allowance to witnesses appearing in CivilCourts in the State.       1. Ins. by The Minimum Wages (Central) (Amendment) Rules, 1969, videNotification No. G.S.R. 466, dated 2nd March, 1970 (w.e.f. 21-3-1970).         20. Mode of computation of the cash value of wages.-   Theretail prices at the nearest market shall be taken into account incomputing the cash value of wages paid in kind and of essentialcommodities supplied at concessional rates. This computation shall bemade in accordance with such directions as may be issued by the CentralGovernment from time to time.     21. Time and conditions of payment of wages and the deductions permissible from wages.-   (1) (i)1 [The wages of a worker in any scheduled employment shall be paid on a working day,-   (a) in the case of establishments for which less than one thousand persons are employed, before the expiry of the seventh day, and   (b) in the case of other establishments before the expiry of the tenth dayafter the last day of wage period in respect of which the wages arepayable. (ii) Wherethe employment of any person is terminated by or on behalf of theemployer, the wages earned by him shall be paid before the expiry ofthe second working day after the day on which his employment isterminated. (iii) The wages of an employed person shall be paid to him without deductionof any kind except those authorised by or under these rules.       1. Subs. by Notification No. G.S.R. 109, dated 14th January, 1959,published in the Gazette of India, Pt. II, sec. 3 (i), No. 4, dated24th January, 1959.           EXPLANATION   (1) Every payment made by the employed person to the employer or his agentshall, for the purposes of these rules be deemed to be a deduction fromwages. (2) Deductions from the wages of a person employed in a scheduledemployment shall be of one or more of the following kinds, namely,-   (i) finesin respect of such acts and omission on the part of employed persons asmay be specified by the Central Government by general or special orderin this behalf; (ii) deductions for absence from duty; (iii) deductions from damage to or loss of goods expressly entrusted to theemployed person for custody, or for loss of money for which he isrequired to account, where such damage or loss is directly attributableto his neglect or default; (iv) deductions for house accommodation supplied by the employer; (v) deductionsfor such amenities and services supplied by the employer as the CentralGovernment may, by general or special order, authorise;   Explanation.- Thewords 'amenities and services' in this clause do not include the supplyof tools and protectives required for the purposes of employment; (vi) deductions for recovery of advances or for adjustment of over payment of wages: (vii) deductions of income-tax payable by the employed person; (viii) deductions required to be made by order of a court or other competent authority; (ix) deduction for subscriptions to and for repayment of advances from anyProvident Fund to which the Provident Funds Act, 1952 (19 of 1952),applies or any Recognised Provident Fund as defined in section 58-A ofthe Indian Income Tax Act, 1922 (11 of 1922), or any Provident Fundapproved in this behalf by the Central Government during thecontinuance of such approval; 1[(x) deductions for payment to Co-operative Societies 2[ordeductions for recovery of loans advanced by an employer from out of afund maintained for the purpose by the employer and approved in thisbehalf by the Central Government] or deductions made with the writtenauthorisation of the person employed, for payment of any premium on hislife insurance policy to the Life Insurance Corporation of Indiaestablishment under the Life Insurance Act, 1956 (31 of 1956];       1. Subs. by Notification No. G.S.R. 659, dated 26th July, 1958, publishedin the Gazette of India Pt. II, sec. 3 (1), dated 2nd August, 1958. 2. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1960 vide Notification No. G.S.R. 717, dated 15th June, 1960.           EXPLANATION     1[(xi) deductionsfor recovery of adjustment of amounts, other than wages, paid to theemployed person in error in excess of what is due to him; 2[(xii) deductions made with the written authorisation of the employed person(which may be given once generally and not necessarily every time adeduction is made), for the purchase of securities of the Government ofIndia or of any State Government or for being deposited in any PostOffice Savings Bank in furtherance of any savings scheme of any suchGovernment;] 3[(xiii) deductions made with the written authorisation of the employed personfor contributions to the National Defence Fund or the Prime Minister'sNational Relief Fund or to any Defence Savings Scheme 4[approved by the Central Government] may, by notification in the Official Gazette, specify in this behalf;] 5[(xiv) deductions for recovery of loans granted for house building or otherpurposes approved by the Central Government, and for the interest duein respect of such loans, subject to any rules made or approved by theCentral Government regulating the extent to which such loans may begranted and the rate of interest payable thereon,] for contribution to the National Defence Fund or to any Defence Savings Scheme approved by the Central Government:]   Providedthat prior approval of the Inspector or any other officer authorised bythe Central Government in this behalf is obtained in writing beforemaking the deductions, unless the employee gives his consent in writingto such deductions.     6[(2A) Notwithstanding anything contained in these rules, the total amount ofdeductions which may be made under sub-rule (2) in any wage period,from the wages of an employee shall not exceed-   (i) 75percent of such wages incases where such deductions are wholly orpartly made for payments to Consumer Co-operative Stores run by anyCo-operative Society under clause (x) of sub-rule (2); and (ii) 50 per cent of such wages in any other case:       Providedthat where the total amount of deductions which have to be made undersub-rule (2) in any wage period from the wages of any employee exceedsthe limit specified in clause (i), or, as the case may be, clause (ii)of this sub-rule, the excess shall be carried forward and recoveredfrom the wages of succeeding wage period or wage periods as the casemay be, in such number of instalments as may be necessary.] (3) Any person desiring to impose a fine on an employed person or to make adeduction for damage or loss caused by him shall explain to himpersonally and also in writing the actor omission of the damage orloss, in respect of which the fine or deduction is proposed to beimposed or made and give him an opportunity to offer any explanation inthe presence of another person. The amount of the said fine ordeduction shall also be intimated to him.       1. Ins. by the Minimum Wages (Central) (Amendment) Rules. 1957 videNotification No. S.R.O. 298, dated 23rd January, 1957, published in theGazette of India, Pt. II, sec. 3 (i) No.5, dated 2nd February, 1957. 2. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1961 videNotification No. G.S.R. 627 dated 22nd April, 1961, published in theGazette of India, Pt. II, sec. 3 (i), p.743 dated 29th April, 1961. 3. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1980 videNotification No. G.S.R. 676 dated 7th June, 1980 (w.e.f. 21-6-1980) forCl. (xiii) inserted by G.S.R. 945, dated 23rd May, 1963. 4. Corrected for 'approved by the Central Government,' by the corrigendumvide Notification No. G.S.R. 463 (8), dated 2nd August, 1980. 5. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1980 VideNotification No. G.S.R. 676, dated 7th June, 1980 (w.e.f. 21-6-1980). 6. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1980 videNotification No. G.S.R. 676, dated 7th June, 1980 (w.e.f. 21-6-1980).           EXPLANATION   1(4) The amount of fine or deduction for damage or loss mentioned insub-rule (3) shall be subject to such limits as may be specified inthis behalf by the Central Government. All such fines imposed anddeductions made shall be recorded in the register maintained in Formsland II, respectively. These registers shall be kept at the workspotand maintained up-to-date. Where no fine or deduction has been imposedor made on or from any employee in a wage period, a 'nil' entry shallthe made across the body of the relevant register at the end of thewage period, indicating also in precise terms the wage period to whichthe 'nil' entry relates.] 2[(4A) Every employer shall send annually a return in Form III 3[* * *] so as to reach the Inspector not later than the 1st February following the end of the year to which-it relates.] 4[(5) Theamount of fine imposed under sub-rule (3) shall be utilised only forsuch purposes beneficial to the employees as are approved by theCentral Government.] (6) Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).     22. Publicity to the minimum wage fixed under the Act.-   Notices in 5[Form IX-A] containing the minimum rates of wages fixed together with 6[extractsof] the Act, the rules made thereunder and the name and address of theInspector shall be displayed in English and in a language understood bythe majority of the workers in the employment 7[at the mainentrances to the establishment and at its office] and shall bemaintained in a clean and legible condition. Such notices shall also bedisplayed on the notice-boards of all sub-divisional and districtoffices.       1. Sub. by the Minimum Wages (Central) (Amendment) Rules, 1960 videNotification No. G.S.R. 1060, Dated 3rd September, 1980 published inthe Gazette of India, Pt.II, dated 10th September, 1960. 2. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1960 videNotification No. G.S.R. 1060, dated 3rd September, 1980, published inthe Gazette of India, Pt.II, dated 10th September, 1960. 3. The words 'showing the deduction from wages' omitted by the MinimumWages (Central) (Second Amendment) Rules, 1962 vide Notification No.G.S.R. 1542, dated 8th November, 1962 , published in the Gazette ofIndia, Pt. II, sec. 3 (i) dated 17th November, 1962, p. 1878. 4. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1954 videNotification No. S.R.O. 2574, dated 2nd August, 1954, published in theGazette of India, dated 7th August, 1954, p. 1899. 5. Ins.by the Minimum Wages (Central) (Amendment) Rules, 1954 videNotification No. S.R.O. 2727, dated 11th August, 1954, published in theGazette of India, Pt. II, sec.3 (i), dated 21st August, 1954, p. 2041. 6. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1960 videNotification No. G.S.R. 918, dated 29th July, 1960, published in theGazette of India, Pt. II, sec. 3 (i), No. 32, dated 6th August, 1960. 7. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1960 videNotification No. G.S.R. 918, dated 29th July, 1960, published in theGazette of India, Pt. II, sec. 3(i), No.32, dated 6th August, 1960 .         1[23. Weekly day of rest.-   (1) Subjectto the provision of this rule, an employee in a scheduled employment inrespect of which minimum rates of wages have been fixed under the Act,shall be allowed a day of rest every week (hereinafter referred to asthe 'rest day') which shall ordinarily be Sunday, but the employer mayfix any other day of the week as the rest day for any employee or classof employees in that scheduled employment:   Providedthat the employee has worked in the scheduled employment under the sameemployer for a continuous period of not less than six days:   Providedfurther that the employee shall be informed of the day fixed as therest day and of any subsequent change in the rest day before the changeis effected, by display of a notice to that effect in the place ofemployment at the place specified by the Inspector in this behalf.]       Explanation.- Forthe purpose of Computation of the continuous period of not less thansix days specified in the first proviso to this sub-rule-   (a) anyday on which an employee is required to attend for work but is givenonly an allowance for attendance and is not provided with work, 2[* * *] (b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947, 3[and (c) anyleave or holiday, with or without pay, granted by the employer to anemployee in the period of six days immediately preceding the rest day], shall be deemed to be days on which the employee has worked. (2) Any such employee shall not be required or allowed to work in ascheduled employment on the rest day unless he has or will have asubstituted rest day for a whole day on one of the five daysimmediately before or after the rest day:   Providedthat no substitution shall be made which will result in the employeeworking for more than ten days consecutively without a rest day for awhole day. (3) Wherein accordance with the foregoing provisions of this rule, any employeeworks on a rest day and has been given a substituted rest day on anyoneof the five days before or after the rest day, the rest day shall, forthe" purpose of calculating the weekly hours of work, be included inthe week in which the substituted rest day occurs. (4) An employee shall be granted for rest day wages calculated at the rateapplicable to the next preceding day and in case he works on the restday and has been given a substituted rest day, he shall be paid wagesfor the rest day on which he worked, at the overtime rate and wages forthe substituted rest day at the rate applicable to the next precedingday:   Providedthat where the minimum daily rate of wages of the employee as notifiedunder the Act has been worked out by dividing the minimum monthly rateof wages by twenty-six, or where the actual daily rate of wages of theemployee has been worked out by dividing the monthly rate of wages bytwenty-six and such actual daily rates of wages is not less than thenotified minimum daily rate of wages of the employee, no wages for therest day shall be payable, and in the case the employee works on therest day and has been given a substituted rest day, he shall be pa-id,only for the rest day on which he worked, an amount equal to the wagespayable to him at the overtime rate; and if any dispute arises whetherthe daily rate of wages has been worked out as aforesaid the ChiefLabour Commissioner may, on application made to him in this behalf,decide the same, after giving an opportunity to the parties concernedto make written representations:       1. Subs. by the Minimum wages (Central) (Amendment) Rules 1960, vide Notification No. G.S.R. 918, dated 29th July, 1960, published in theGazette of India, Pt. II sec. 3 (i), dated 6th August, 1960. 2. Word 'and' omitted by the Minimum Wages (Central) (Third Amendment) Rules, 1963. 3. Ins. by the Minimum wages (Central) (Third Amendment) Rules, 1963 vide Notification No. G.S.R. 1324, dated 2nd August, 1963.                 Providedfurther that in the case of an employee governed by a piece-ratescheme, the wages for the rest day, or, as the case may be, the restday, and the substituted rest day, shall be such as the CentralGovernment may, by notification in the Gazette of India, prescribe,having regard to the minimum rate of wages fixed under the Act, inrespect of the scheduled employment.       Explanation.- Inthis sub-rule 'next preceding day' means the last day on which theemployee has worked, which precedes the rest day or the substitutedrest day, as the case may be; and where the substituted rest day fallson a day immediately after the rest day, the next preceding day meansthe last day on which the employee has worked, which precedes the restday.     (5) The provisions of this rule shall apply to the employees in scheduled employments other than agricultural employment. (6) The provisions of this rule shall not operate to the prejudice of morefavourable terms, if any, to which an employee may be entitled underany other law or under the terms of any award, agreement or contract ofservice, and in such a case, the employee shall be entitled only to themore favourable terms aforesaid.       Explanation.- For the purposes of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.]     24. Number of hours of work which shall constitute a normal working day.-   (1) The number of hours which shall constitute a normal working day, shall be-   (a) in the case of an adult, 9 hours; (b) in the case of a child, 41/2 hours; (2) The working day of an adult worker shall be so arranged that inclusiveof the intervals of rest, if any, shall not spread over more thantwelve hours on any day. (3) The number of hours of work in the case of an adolescent shall be thesame as that of an adult or a child accordingly as he is certified towork as an adult or a child by a competent medical practitionerapproved by the Central Government. (4) The provisions of sub-rules (1) to (3) shall in the case of workers inagricultural employment, be subject to such modifications as may, fromtime to time, be notified by the Central Government. 1[(4A) No child shall be employed or permitted to work for more than 41/2 hours on any day.] (5) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).       1. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1954 vide Notification No. S.R.O. 3304, dated 2nd October, 1954.         1[24A. Night shifts.-   here a worker in a scheduled employment works on a shift which extends beyond midnight– (a) a holiday for the whole day for the purpose so rule 23 shall, in hiscase mean a period of twenty-four consecutive hours beginning from thetime when his shift ends; and (b) the following day in such a case shall be deemed to be the period oftwenty-four hours beginning from the time when such shift ends, and thehours after midnight during which such worker was engaged in work shallbe counted towards the previous day.]     2[25. Extra wages for overtime.-   (1) Whena worker works in an employment for more than nine hours on any day orfor more than forty-eight hours in any week, he shall in respect ofovertime work, be entitled to wages,-   (a) in the case of employment in agriculture, atone and a half times the ordinary rate of wages; (b) in the case of any other scheduled employment, at double the ordinary rate of wages.   Explanation.- Theexpression 'ordinary rate of wages' means the basic wage plus suchallowance including the cash equivalent of the advantages accruingthrough the concessional sale to the person employed of food grains andother articles as the person employed is for the time being entitledto, but does not include a bonus. 3[(2) Aregister of overtime shall be maintained by every employer in Form IVin which entries under the column specified therein shall be made asand when overtime is worked in any establishment. The register shall bekept at the work-spot and maintained up-to-date. Where no overtime hasbeen worked in any wage-period, a 'nil' entry shall be made across thebody of the register at the end of the wage-period indicating also inprecise terms the wage period to which the 'nil' entry relates.] (3) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).     26. Form of registers and records.-   4[(1)] A register of wages shall be maintained by every employer at the work-spot in Form X. 5[(1A) Every-employer shall in respect of each person employed in the establishment, complete the entries pertaining to a wage period-   (a) in columns 1 to 15 of Form X, before the date on which the wages for such wage-period all due; (b) in columns 16 and 17 of the said Form, on the date when payment is madeand obtain the signature or thumb impression of the employee in column18 of the said Form on the date when payment is made.]       1. Added by Notification No. S.R.O. 1932, dated 6th October, 1954. 2. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1979 videNotification No. G.S.R. 158, dated 10th January, 1979 (w.e.f.27-1-1979). 3. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1960 vide Notification No. G.S.R. 1060, dated 3rd September, 1960. 4. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1966 vide Notification No. G.S.R. 1473, dated 17th September, 1966. 5. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1974 videNotification No. G.S.R. 139, dated 16th January, 1974 , (w.e.f.2-2-1974)               (2) A wage slip in Form XI [shall be issued by every employer to everyperson employed by him at least a day prior to the disbursement ofwages. (3) Every employer shall get the signature or thumb-impression of every person employed on the 1[Register of Wages] and wage slip. (4) Entries in the 1[Register of Wages] and wage slips shall be authenticated by the employer or any person authorised by him in this behalf. 2[(5) AMuster Roll shall be Maintained by every employer at the work-spot andkept in Form V and the attendance of each person employed in theestablishment shall be recorded daily in that Form within 3 hours ofthe commencement of the work shift or relay for the day as the case maybe.] [(6) * * *]3     4[26A. Preservation of registers.-   A register required to be maintained under rules 21 (4), 25 (2) and 26 (1) and 5[themuster roll required to be maintained under rule 26 (5)] shall bepreserved for a period of three years after the date of last entry madetherein.]     6[26B. Production of registers and other records.-   (1) Allregisters and records required to be maintained by an employer underthese rules shall be produced on demand before the Inspector during thecourse of inspection of the establishment:   Providedthat the Inspector may, if it is necessary, demand the production ofthe registers and records in his office or such other public place asmay be nearer to the employer. (2) Any infringement of the provisions of the Act or these rules noticed bythe Inspector and communicated to the employer during the course of aninspection or otherwise shall be rectified by the employer andcompliance report in respect thereof shall be submitted to theInspectors on or before the date specified by him in this behalf.] 7[26C.     Notwithstanding anything contained in these rules, where a combined(alternative) form is sought to be used by the employer to avoidduplication of work for compliance with the provisions of any other Actor the rules framed thereunder, an alternative suitable form in lieu ofany of the forms prescribed under these rules may be used with theprevious approval of the8[Central Government].       1. Sub. by the Minimum Wages (Central) (Amendment) Rules, 1965 videNotification No. G.S.R. 721, dated 5th May, 1965 (w.e.f. 15-5-1965). 2. Sub. by the Minimum Wages (Central) (Amendment) Rules, 1974 videNotification No. G.S.R. 139, date 16th January, 1974, for sub-rule (5)(w.e.f. 2-2-1974). 3. Sub-rule (6) was omitted by the Minimum Wages (Central) (Amendment)Rules, 1963 vide Notification No. G.S.R. 1213, dated 9th July, 1963earlier inserted by G.S.R. 1512, dated 15th December, 1961. 4. Ins. by the Minimum Wages (Central) (Amendment) Rules 1960, videNotification No. G.S.R. 1060, dated 3rd September, 1960, published inthe Gazette of India, Pt. II, sec. 3 (i) dated 10th September, 1960. 5. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1960 videNotification No. G.S.R. 1523, dated 16th December, 1960 , published inthe Gazette of India, dated 24th December, 1960. 6. Sub. by the Minimum Wages (Central) (Amendment) Rules, 1967 videNotification No. G.S.R. 255, dated 20th February, 1967 for the ruleinserted by G.S.R. 1523, dated 16th December, 1960. 7. Ins. by the Minimum Wages (Central) (Second Amendment) Rules, 1963 vide Notification No. G.S.R. 1213, dated 9th July, 1963. 8. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1984 videNotification No. G.S.R. 846 dated 19th July, 1984 (w.e.f. 4-8-1984).         1[27. Applications.-   (1) Applicationunder sub-section (2) of section 20 or sub-section (1) of section 21,by or on behalf of an employed person or group of employed personsshall be made in duplicate in Forms VI, VI-A or VII, as the case maybe, one copy of which shall bear the prescribed court-fee. (2) A single application under section 20, read with sub-section (1) ofsection 21 may be presented on behalf or in respect of a group ofemployed persons, if they are borne on the same establishment and theirclaim relates to the same wage-period or periods.]     28. Authorisation.-   Theauthorisation to act on behalf of an employed person or persons, undersub-section (2) of section 20 or sub-section (1) of section 21 shall begiven in Form VIII by an instrument which shall be presented to theAuthority hearing the application and shall form part of the record.     29. Appearance of parties.-   (1) Ifan application under sub-section (2) of section 20 or section 21 isentertainment, the Authority shall serve upon the employer byregistered post a notice in Form IX to appear before him on a specifieddate with all relevant documents and witnesses, if any, and shallinform the applicant of the date so specified. (2) If the employer or his representative fails to appear on the specifieddate, the Authority may hear and determine the application ex parte. (3) If the applicant or his representative fails to appear on the specified date, the Authority may dismiss the application- (4) An order passed under sub-rule (2) or sub-rule (3) may be set aside onsufficient cause being shown by the defaulting party within one monthof the date of the said order, and the application shall then bere-heard after service of notice on the opposite party of the datefixed for re-hearing in the manner specified in sub-rule (1).       1. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1960 vide Notification No. G.S.R. 1301, dated 28th October, 1960.         30. Costs.-   (1) TheAuthority, for reasons to be recorded in writing, may direct that thecost of any proceeding before it shall not follow the event. (2) The costs which may be awarded shall include,-   (i) expenses incurred on account of court-fees; (ii) expenses incurred on subsistence money to witness; and (iii) pleader'sfees to the extent of ten rupees provided that the Authority in anyproceeding may reduce the fees to a sum not less than five rupees orfor reasons to be recorded in writing increase it to a sum notexceeding twenty-five rupees. (3) Wherethere are more than one pleaders or more than one applicants oropponents the Authority may, subject as aforesaid, award to thesuccessful party or parties such costs as it may deem proper.     31. Court-fees.-   The court-fees payable in respect of proceeding under section 20 shall be-   (i) for every application to summon a witness-one rupee in respect of each witness; (ii) for every application made by or on behalf of an individual-one rupee; 1[(iii) for every application made on behalf or in respect of a number ofemployees-One rupee per employee subject to a maximum of twentyrupees]:     Providedthat the Authority may, if in its opinion, the applicant is a pauper,exempt him wholly or partly from the payment of such fees:   Provided further that no fee shall be chargeable- (a) from persons employed in Agriculture; or (b) in respect of an application made by an Inspector.       1. Ins. By the Minimum Wages (Central) (Amendment) Rules, 1960 vide Notification No. G.S.R. 1301, dated 28th October, 1960.         2[32. Saving.-   These rules shall not apply in relation to any scheduled employment inso far as there are in force rules applicable to such employment,which, in the opinion of the Central Government, make equallysatisfactory provisions for the matters dealt with by these rules andsuch opinion shall be final.]       1. Ins. by the Minimum Wages (Central) (Amendment) Rules, 1953 videNotification No. S.R.O. 1276, dated 19th June, 1953, published inGazette of India, dated 27th June, 1953, Pt. II, sec. 3, p. 1943. 2. Subs. by the Minimum Wages (Central) (Amendment) Rules, 1955 vide Notification No. S.R.O. 463, dated 28th February, 1955.