THE PAYMENT OF WAGES (AMENDMENT) BILL 217
limitation should run should not be the date of the offence but the date of the knowledge ; and I should like to tell the House that in amending this provision we are not introducing anything that is novel. As lawyer Members of the House would know, there are many provisions in the law of limitation where the time in some cases runs from the date of the act and in some cases from the knowledge of the act.
Coming to clause 6, this seeks to amend section 9 of the Act. Section 7 (2) (b) permits deductions being made on account of absence from duty. Unfotunately there is no definition given in the Act itself as to what is meant by ‘absence from duty’. This clause removes this lacuna and adds a second explanation to section 9 where the expression ‘absence from duty’ is not sought to be defined. Clause 7 amends section 13, and that again is purely consequential; it is not a substantial provision. If makes section 13 applicable to the two of the new deductions contained in clause 4 of the Bill. As Honourable Members know, section
13 makes deductions permissible subject to such conditions as the Provincial Government may impose. We also want that the new deductions which the new amendment permits shall also be subject to the same proviso.
The last clause amends section 17 of the Act which regulates the right of appeal. As it stands the section gives a right of appeal to an employed person but does not give it to the Inspector who is the administrative authority for administering this particular Act. It is felt that it would be advisable in the interest of all, and particularly in the interest of the employees, for the Inspector also to have the right to make an appeal.
These, Sir, are the provisions of the Bill. I submit they are non-controversial and I believe and hope that the House will be able to accept my motion.
Sir, I move.
Mr. Deputy President (Mr. Akhil Chandra Datta): Motion moved :
“That the Bill further to amend the Payment of Wages Act, 1936, be referred to a Select Committee consisting of Seth Yusuf Abdoola, Haroon, Mr. Muhammad Hussain Chaudhury, Mr. Lalchand Navalrai, Mr. A. C. Inskip, Sir Vithal N. Chandavarkar, Mr. N. M. Joshi, Dr. Sir Ratnji Dinshaw Dalal, Mr. D. S. Joshi, and the mover,