Yoshinori Onda v. State Of Haryana And Another
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"(e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub section (3) of section 26
4 (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under [clause (f) of sub section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory;
(ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department;
(iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages;"
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(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing - .......
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%13 8 "(n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory. [Provided that
(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors shall be deemed to be the occupier;
(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier."
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"[22B Cognizance of offences.
(1) No Court shall take cognizance of a complaint against any person for an offence
(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer authorised by it in this behalf has sanctioned the making of the complaint; (b) under clause (b) of section 22 or under section 22A, except on a complaint made by, or with the sanction of, an Inspector.
(2) No Court shall take cognizance of an offence (a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant of sanction under this section;
(b) under section 22A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.]"
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5(= = 4 ! "25. Extra Wages for overtime.
..(3) A register of overtime shall be maintained by every employer in Form IV in which entries under the columns specified therein shall be made as and when overtime is worked in any establishment. The register shall be kept at the work spot and maintained up to date. Where no overtime
8 has been worked in any wage period, a 'nil' entry shall be made across the body of the register at the end of the wages period indicating also in precise terms the wage period to which the 'nil' entry relates.
26. Form of registers and records.― (1) A register of wages shall be maintained by every employer at the work spot and kept in such form as may be notified by the State Government and shall include the following particulars: .....
(c) the gross wages of each person employed for each wage period;..." %%
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