Section 6 of The Payment of Wages Act, 1936 View Chapter 0

Wages to be paid in current coin or currency notes or by cheque or crediting in bank account.

1[6. Wages to be paid in current coin or currency notes or by cheque or crediting in bank account.-- 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.]

STATE AMENDMENT

Kerala

Amendment of section 6.--In the Payment of Wages Act, 1936 (Central Act 4 of 1936), in section 6, after the existing proviso, the following proviso shall be inserted, namely:--

"Provided further that notwithstanding anything contained in this Act, the State Government may, by notification in the Gazette, specify the industrial or other establishment, the employers of which shall pay to the person employed therein, the wages either by cheque or by crediting the wages in his bank account, without obtaining any authorisation of the employed person."

[Vide Kerala Act 11 of 2016, sec. 2.]

Maharashtra

Amendment of section 6 of Act V of 1936.--In section 6 of the payment of Wages Act, 1936, in its application to the state of Bombay (herein after referred to as the principal Act) for the proviso, the following proviso shall be, and shall be deemed have been, substituted on and from the 1st day of April 1958, namely:--

"Provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to one-forth 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."

[Vide Bombay Act VIII of 1960, s. 2]

Amendment of section 6 of Act 4 of 1936.--In section 6 of the payment of Wages Act, 1936, in its application of the State of Maharashtra,--

"Provided also that, all wages payable to the employed persons, who are in continuous service as stipulated in section 25B of the Industrial Disputes act, 1947 (14 of 1947) in factories or industrial or other establishments and are drawing wages of Rs. 3000 per month or more, except agricultural labourers and sugarcane cutting labourers, shall be paid either by an account payee cheque drawn in favour of the employed persons or by crediting the wages in the bank account of the employed persons:

Provided also that, all wages payable to the employed persons, employed in factories or industrial or other establishments situated in the area of Thane District in the State of Maharashtra, or in any other area as may be notified by the State Government in the Official Gazette, whether they are in continuous service as stipulated in section 25B of the Industrial Disputes Act, 1947 or otherwise and irrespective of the amount of wages drawn, except agricultural labourers and sugarcane cutting labourers, shall also be paid either by an account payee cheque drawn in favor of the employed persons or by crediting the wages in the bank account of the employed persons.";

(ii) for the marginal note, the following marginal note shall be substituted, namely:--

"Mode of payment of wages.".

[Vide Maharashtra Act XXVI of 2010, s. 2]

Amendment of section 6 of Act IV of 1936.--In the Payment of Wages act, 1936 (IV of 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. Wages to be paid in current coin or currency notes.--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) "wages" shall include any bonus of the description given in sub-clause (1) of clause (vi) of section 2 ; and

(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 (1) of clause (iv) of section 2."

[Vide Maharashtra Act XIII of 1961, s. 4]

Amendment of section 6 of Act IV of 1936.--In section 6 of the said act, the following proviso shall be added, namely:--

"Provided that when 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 related, such excess shall be paid or invested in the manner prescribed."

[Vide Maharashtra act LXII of 1953, s. 3]

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Footnote :

1 Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).