Section 45: Claims under Code and procedure thereof
Creates the claims authority, permits employee/union/Inspector applications, enables compensation and recovery, and sets the claim procedure and limitation framework.
Statutory identity
What the provision requires
Creates the claims authority, permits employee/union/Inspector applications, enables compensation and recovery, and sets the claim procedure and limitation framework.
Implementation control: Preserve payroll, attendance, contracts, rate notifications and payment proof; diarise the claim and recovery timelines.
Provision-level reading sequence
- Read each subsection, clause, proviso and explanation in the official text.
- Apply section 2 definitions before testing the obligation or exception.
- Identify the appropriate Government and the applicable Central or State rule.
- Check commencement, section-specific notifications and saved predecessor-law instruments.
- Document the factual test and the evidence supporting the conclusion.
Provision map — subsection, clause and qualification
This map decomposes the section into its operative tests. Use the linked India Code text for exact numbering and wording.
Applicant
The employee, registered trade union, Inspector-cum-Facilitator or another authorised person may invoke the claim route as provided.
Authority
The appropriate Government appoints the claims authority.
Limitation
File within the statutory period; delayed filing depends on sufficient-cause relief.
Relief
The authority may determine the claim, compensation and recovery consequences within the Code.
Group claims
A single application may cover multiple employees where permitted.
Rules/forms
Central Rule 49 prescribes the central-sphere form and procedure.
Linked Code on Wages (Central) Rules, 2026
Definitions
Exact rule text, paragraph map, forms and compliance controls.
Central Rule 49Form and procedure for filing claims
Exact rule text, paragraph map, forms and compliance controls.
Central Rule 50Procedure for filing appeal
Exact rule text, paragraph map, forms and compliance controls.
Authority, form and filing map
Section-specific notification
Section 45(1): Claims authority — open official Ministry library ↗
Evidence pack
- claim/appeal forms and orders
- wage/bonus records and proof
- nomination/deposit records
- statutory registers and returns
Compliance consequence
Apply the specific claims, recovery, adjudication, penalty and appeal provisions; do not infer a penalty solely from the section heading.
Remedy path: identify the claims authority, appellate authority, adjudicating officer, Inspector-cum-Facilitator or criminal court applicable to the issue.
Worked example
Employees allege a minimum-wage shortfall. The authority will expect the applicable notification, category mapping, attendance, wage register, slips and bank proof—not a payroll summary alone.
Illustrative only. Apply actual wage notifications, contracts, dates, State rules and evidence.
Practical Q&A
Can an employment contract override this section?
Not where the contract reduces a statutory entitlement. Sections 60 and 61 must be considered, including any more favourable award, agreement or contract.
What should be checked before payroll or HR action?
Confirm coverage, appropriate Government, operative rate/order, the exact subsection and proviso, linked rule, evidence, approval and payment/filing deadline.
Primary sources
India Code — exact Section 45 text ↗
India Code — official consolidated Act PDF ↗
Ministry of Labour — Codes, Rules, notifications and FAQs ↗
Last official-source review: 16 July 2026.