The Payment of Wages (Bombay Amendment) Act, 1953

This Act may be called the Payment of Wages (Maharashtra Provision for Uniform Application and Amendment) Act, 1960.

For the purpose of providing for the uniform application of the Payment of Wages Act, 1936, throughout the State of Maharashtra, the enactments mentioned in the Schedule which amend that Act in its application to the State of Bombay are hereby extended to, and shall by virtue of such extension be in force in, those parts of the State of Maharashtra to which the enactments did not extend immediately before the commencement of this Act; and accordingly, the Payment of Wages Act, 1936 shall on the commencement of this Act be deemed to be amended also in those parts of the State.

Sub-section (3-A) inserted in section 15 of the Payment of Wages Act, 1936, by section 4

1. (4) of the Payment of Wages (Bombay Amendment) Act, 1953, in its application to the Bombay area of the State of Maharashtra, be deleted therefrom.

In the Payment of Wages Act, 1936, as in force in the whole of the State of Maharashtra (hereinafter referred to as “the principal Act”), for section 6, the following shall be substituted, namely:— “6. All wages shall be paid in current coin or currency notes, or in both: Provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to one-fourth of his earnings (exclusive of dearness allowance) for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. Explanation.—For the purposes of this section, the expression—

1. (1) “wages” shall include any bonus of the description given in sub-clause
2. (1) of clause
   • (vi) of section 2; and
3. (2) “bonus” means bonus payable to an employed person under the terms of employment or under an award or settlement or order of a court, and also includes any bonus of the description given in sub-clause
4. (1) of clause
   • (vi) of section 2.”

In section 7 of the principal Act, in sub-section (2), in clause (k), the words “for being deposited in any Post Office Savings Bank” shall be deleted.

In section 15 of the principal Act, in sub-section (1A), for the portion beginning with the words “of a Labour Court” and ending with the words “Judicial Magistrate” the following shall be substituted, namely:— “as a stipendiary Judicial Magistrate or as Judge of a Labour Court or as judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, or as presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947”

In section 17 of the principal Act, in sub-section (1),—

1. (1) for clause (b), the following shall be substituted, namely:— “(b) by an employed person; or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or a representative union registered as such under the Bombay Industrial Relations Act, 1946, or any Inspector under this Act, or any other person authorised by an authority to make an application under sub-section
2. (2) of section 15, and (in the case of the death of the employed person) his legal representative, as the case may be, if the total amount of wages claimed to have been withheld from the employed person, or from the unpaid group to which the employed person belonged, exceeds fifty rupees, or ”
3. (2) after the first proviso, the following shall be added, namely:— “ Provided further that, when the order or direction appealed against was made by any person who holds or has held office of or above the rank of a District Judge or a judicial member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, the presiding officer of a Tribunal constituted under the Industrial Disputes Act, 1947, an appeal under this section shall lie to the High Court.”

In section 17A inserted in the principal Act by section 8 of the Payment of Wages (Amendment) Act, 1957, in sub-section (1), for the words “any official of a registered trade union authorised in writing to act on his behalf” the words “any other person or a representative union competent to present such appeal,” shall be substituted.

Section 17A as inserted in the principal Act by section 3 of the Payment of Wages (Bombay Amendment) Act, 1954, shall be renumbered as section 17B of the principal Act.

SCHEDULE. (See section 2.)

1. (1) and
2. (4) and 6 (2).

1. (2) and 4.

(See section 2.) Serial No. Acts Provisions extended 1 The Payment of Wages (Bombay Amendment) Act, 1953 (Bom. LXII of 1953). The whole Act except sections 1 (2), 3, 4 (1) and (4) and 6 (2). 2 The Payment of Wages (Bombay Amendment) Act, 1954 (Bom. LXX of 1954). The whole Act. 3 The Payment of Wages (Bombay Amendment) Act, 1955 (Bom. XLVIII of 1955). The whole Act except sections 1 (2) and 4.