Minimum Wages Act, 1948


CONTENTS

I. Minimum Wages Act, 1948
Sections
1. Short title and extent
2. Interpretation
3. Fixing of minimum rates of wages
4. Minimum rate of wages
5. Procedure of fixing and revising minimum wages
6. [Repealed]
7. Advisory Board
8. Central Advisory Board
9. Composition of committees, etc.
10. Correction of errors
11. Wages of kind
12. Payment of minimum rates of wages
13. Fixing hours for a normal working day, etc.
14. Overtime
15. Wages of worker who works for less than normal working day
16. Wages for two or more classes of work
17. Minimum time rate wages for piece work
18. Maintenance of registers and records
19. Inspectors
20. Claims
21. Single application in respect of a number of employees
22. Penalties for certain offences
22.A. General provision for punishment of other offences
22.B. Cognizance of offences
22.C.

Offences by companies

22.D. Payment of undisbursed amounts due to employees
22-E. Protection against attachment of assets of employer with Government
22-F. Application of Payment of Wages Act, 1936, to scheduled employments
23. Exemption of employer from liability in certain cases
24. Bar of suits
25. Contracting out
26. Exemptions and exceptions
27. Power of State Government to add to Schedule
28. Power of Central Government to give directions
29. Power of the Central Government to make rules
30. Power of appropriate Government to make rules
30.A. Rules made by Central Government to be laid before Parliament
31. Validation of fixation of certain minimum rates of wages
 

THE SCHEDULE

   

 STATE AMENDMENTS

1. The Minimum Wages (Andhra Pradesh Amendment) Act, 1961
2. The Minimum Wages (Assam Amendment) Act, 1964
3. The Minimum Wages (Bihar Amendment) Act, 1960
4. The Minimum Wages (Bihar Amendment) Act, 1979
5. The Minimum Wages (Bihar Amendment) Act, 1988
6. The Minimum Wages (Gujarat Amendment) Act, 1961
7. The Minimum Wages (Kerala Amendment) Act, 1960
8. The Minimum Wages (Madhya Pradesh Amendment) Act, 1959
9. The Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961
10. The Madhya Pradesh Minimum Wages Fixation Act, 1962
11. The Minimum Wages (Madhya Pradesh Amendment) Act, 1976
12. The Minimum Wages (Maharashtra Amendment) Act, 1960
13. The Minimum Wages (Maharashtra Amendment) Act, 1962
14. The Minimum Wages (Maharashtra Amendment) Act, 1975
15. The Minimum Wages (Manipur Amendment) Act, 1992
16. The Minimum Wages (Rajasthan Amendment and Validation) Act, 1969
17. Wage Laws (Rajasthan Amendment) Act, 1976
18. The Minimum Wages (Tamil Nadu Amendment) Act, 1981
19. The Minimum Wages (U.P. Amendment) Act, 1960
20. The Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979
II. The Minimum Wages (Central) Rules, 1950
   

 CHAPTER I
PRELIMINARY

1. Short title and extent
2. Interpretation
   

 CHAPTER II
MEMBERS AND STAFF, AND MEETINGS OF THE BOARD,
COMMITTEE AND ADVISORY COMMITTEE

3. Term of office of the members of the Committee and the Advisory Committee
4. Term of office of members of the Board
4-A. Nomination of substitute members
5. Travelling allowance
6. Staff
7. Eligibility for renomination of the members of the Committee, Advisory Committee and the Board
8. Resignation of the Chairman and members of the Committee and the Board and filling of the casual vacancies
9. Cessation and restoration of membership
10. Disqualification
11. Meetings
12. Notice of meetings
13. Chairman
14. Quorum
15. Disposal of business
16. Method of voting
17. Proceedings of the meetings
   

 CHAPTER III
SUMMONING OF WITNESSES BY THE COMMITTEE,
ADVISORY COMMITTEE AND THE BOARD
AND PRODUCTION OF DOCUMENTS

18. Summoning of witnesses and production of documents
19. Expenses of witnesses
   

 CHAPTER IV
COMPUTATION OF PAYMENT OF WAGES,
HOURS OF WORK AND HOLIDAYS

20. Mode of computation of the cash value of wages
21. Time and conditions of payment of wages and the deduction permissible from wages
22. Publicity to the minimum wage fixed under the Act
23. Weekly day of rest
24. Number of hours of work which shall constitute a normal working day
24.A. Night Shifts
25. Extra wages for overtime
26. Form of registers and records
26.A. Preservation of registers
26.B. Production of registers and other records
26.C.  
   

 CHAPTER V
CLAIMS UNDER THE ACT

27. Applications
28. Authorisation
29. Appearance of parties
   

 CHAPTER VI 
SCALE OF COSTS IN PROCEEDINGS UNDER THE ACT

30. Costs
31. Court-fees
   

 CHAPTER VII
 MISCELLANEOUS

32. Saving
  FORMS
  NOTIFICATION
III. Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

 

Minimum Wages
Act, 1948

[Act 11 of 19481 as amended by A.O. of 1950, Acts 56 of 1950, 3 of 1951, 16 of 1951, 26 of 1954, 30 of 1957, 31 of 1961, 51 of 1970 and 61 of 1986]

[15th March, 1948]

An Act to provide for fixing minimum rates of
wages in certain employments

Whereas it is expedient to provide for fixing minimum rates of wages in certain employments;
It is hereby enacted as follows:—

Preamble.—Provisions not repugnant to Article 19(1)(g) and Article 19(6) of the Constitution.2 Exaction of labour and services against payment of less than the minimum wages amounts to forced labour and violates Article 23.3 Workers temporarily employed by contractors in construction works are entitled to seek implementation of Act under Article 32.4 Minimum wages and D.A. have to be paid even at the slake of closure of the industry.5

1. Short title and extent—(1) This Act may be called the Minimum Wages Act, 1948.

(2) It extends to 6[the whole of India 7[* * *]].

LOCAL AMENDMENTS

The Act has been amended in its local application by the following States. The amending Acts have been published at the end of this Act after the Rules :

  • Andhra Pradesh, vide Andhra Pradesh Act 19 of 1961.
  • Assam, vide Assam Act 19 of 1964.
  • Bihar State, vide Bihar Acts 3 of 1961, 5 of 1983 and 9 of 1988.
  • Gujarat State, vide Gujarat Act 22 of 1961.
  • Karnataka State, vide Mysore Act 13 of 1965.
  • Kerala State, vide Kerala Act 18 of I960.
  • Madhya Pradesh, vide M.P. (Amendment) Act, 1959 (11 of 1959), M.P. Minimum Wages Fixation Act, 1962 (16 of 1962). Madhya Pradesh Act 23 of 1961. M.P. Act 36 of 1976.
  • Maharashtra State, vide Bombay Act 8 of 1954 and Maharashtra Acts 10 of 1961, 3 of 1963 and 25 of 1976.
  • Rajasthan State, vide Rajasthan (Amendment and Validation) Act, 1969 (4 of 1969) and Raj. Act 11 of 1976.
  • Tamil Nadu State, vide T.N. Act 47 of 1981.
  • Uttar Pradesh State, vide UP. Act 20 of 1960 and U.P. Act 35 of 1979.
  • West Bengal, vide W.B. Act 29 of 1979.
  • Note.—For the application of this Act to small and very small establishments, see Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 (51 of 1988).

    2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—

    8[(a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year,

    (aa) "adult" means a person who has completed his eighteenth year of age;]

    (b) "appropriate Government" means,—

    (i) in relation to any scheduled employment carried on by or under the authority of the 9[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 10[a Central Act], the Central Government; and
    (ii) in relation to any other scheduled employment, the 11[State] Government;

    12[(bb) 'child' means a person who has not completed his fourteenth year of age;]

    (c) "competent authority" means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification;

    (d) "cost of living index number", in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment ;

    (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,—

    (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 13[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;

    (f) "prescribed" means prescribed by rules made under this Act;

    (g) "scheduled employment" means an employment specified in the Schedule, or any process or branch of work forming part of such employment;

    "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 14[and includes house rent allowance], but does not include-

    (i) the value of-

    (a) any house-accommodation, supply of light, water, medical attendance, or

    (b) any other amenity or any service excluded by general or special order of the appropriate Government;

    (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance;

    (iii) any travelling allowance or the value of any travelling concession;

    (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or

    (v) any gratuity payable on discharge;

    (i) "employee" means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, or namented, finished, repaired, adapted or otherwise processed for sale for the purpose of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 15[Union].

    LOCAL AMENDMENTS

    Madhya Pradesh.-See S. 2 of M.P. Act 11 of 1959 and S. 2 of M.P. Act 23 of 1961.
    Maharashtra.-See S. 2 of Mah. Act 3 of 1963.

    3. Fixing of minimum rates of wages.-16[(1) The appropriate Government shall, in the manner hereinafter provided,-

    17[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or II of the Schedule and in an employment added to either Part by notification under Section 27:
    Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;]

    (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary;

    18[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.]

    (1-A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any Scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time 19[* * *] the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 20[as soon as may be after such finding.]]

    (2) The appropriate Government may fix—

    (a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate");

    (b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate");

    (c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as "a guaranteed time rate");

    (d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as "overtime rate").

    21[(2-A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period.]

    (3) In fixing or revising minimum rates of wages under this section,—

    (a) different minimum rates of wages may be fixed for—

    (i) different scheduled employments;
    (ii) different classes of work in the same scheduled employment;
    (iii) adults, adolescents, children and apprentices;
    (iv) different localities;

    22[(b) minimum rates of wages may be fixed by any one or more of the following wage-periods, namely:

    (i) by the hour,
    (ii) by the day,
    (iii) by the month, or
    (iv) by such other larger wage-period as may be prescribed;

    and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:]

    Provided that where any wage-periods have been fixed under Section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.

    LOCAL AMENDMENTS

    Andhra Pradesh.-See S. 2, of A.P. Act 19 of 1961.
    Bihar.-See S. 2 of Bihar Act 3 of 1961 and S. 2 of Bihar Act 5 of 1983.
    Gujarat.-See S. 2 of Guj. Act 22 of 1961.
    Kerala.-See S. 2 of Kerala Act 18 of 1960.
    Madhya Pradesh.-See S. 2 of Mah. Act 10 of 1961, S. 3 of Mah. Act 3 of 1963.
    Uttar Pradesh.-See S. 2 of U.P. Act 20 of 1960.

    4. Minimum rate of wages.—(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under Section 3 may consist of—

    (i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance") ; or

    (ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised ; or

    (iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.

    (2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate Government.

    LOCAL AMENDMENTS

    Madhya Pradesh.—Section 11 of the Principal Act is renumbered as Section 4-A in M.P. vide S. 21 of M.P. Act 23 of 1961.

    23[5. Procedure for fixing and revising minimum wages.—(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either—

    (a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or

    (b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.

    (2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:

    Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also.]

    LOCAL AMENDMENTS

    Assam.See S. 2 of Assam Act 19 of 1964.
    Madhya Pradesh—See S. 3 of M.P. Act 16 of 1962.

    6.  Advisory committees and sub-committees.[Repealed by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), S. 5.]

    7.  Advisory Board.—For the purpose of co-ordinating the work of 24[com-mittees and sub-committees, appointed under Section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.

    8.  Central Advisory Board.—(1) For the purpose of advising the Central and 25[State] Governments in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for coordinating the work of the Advisory Boards, the Central Government shall appoint a Central Advisory Board.

    (2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members ; one of such independent persons shall be appointed the Chairman of the Board by the Central Government.

    9.  Composition of committees, etc.(1) Each of the committees, sub-committees 26[* * *] and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members ; one of such independent persons shall be appointed the Chairman by the appropriate Government.

    LOCAL AMENDMENTS

    Madhya PradeshSee S. 4 of MP. Act 23 of 1961.
    RajasthanSee S. 2 of Raj. Act 4 of 1969.

    SECTION 9-A

    Madhya Pradesh.—New Section 9-A inserted vide S. 5 of MP. Act 23 of 1961.
    Rajasthan.—New Section 9-A inserted vide S. 3 of Rajasthan Act 4 of 1969.
    Tamil Nadu.—New Section 9-A inserted vide S. 2 of T.N. Act 47 of 1981.

    27[10. Correction of errors.—(1) The appropriate Government may, at any time, by notification in the Official Gazette, correct clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission.

    (2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information.]

    11.  Wages in kind.—(1) Minimum wages payable under this Act shall be paid in cash.

    (2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorise the payment of minimum wages either wholly or partly in kind.

    (3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorise the provision of such supplies at concession rates.

    (4) The cash value of wages in kind and of concession in respect of supplies of essential commodities at concession rates authorised under sub-sections (2) and (3) shall be estimated in the prescribed manner.

    12.   Payment of minimum rates of wages.—(1) Where in respect of any scheduled employment a notification under Section 5 28[* * *] is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed.

    (2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

    LOCAL AMENDMENTS

    Bihar— See S. 3 of Bihar Act 5 of 1983.
    Madhya Pradesh— See S. 6 of M.P. Act 23 of 1961.

    13. Fixing hours for a normal working day, etc.29[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may—

    (a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals;

    (b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such day of rest ;

    (c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

    30[(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed :—

    (a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented;

    (b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

    (c) employees whose employment is essentially intermittent;

    (d) employees engaged in any work which for technical reasons has to be completed before the duty is over;

    (e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

    (3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display physical activity or sustained attention.]

    LOCAL AMENDMENTS

    Maharashtra— See S. 4 of Mah. Act 3 of 1963.

    14. Overtime.—(1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.

    (2) Nothing in this Act shall prejudice the operation of the provisions of 31[Section 59 of the Factories Act, 1948 (63 of 1948)] in any case where those provisions are applicable.

    LOCAL AMENDMENTS

    Madhya Pradesh.—See S. 7 of M.P. Act 23 of 1961.

    15. Wages of worker who works for less than normal working day.—If an employee whose minimum rate of wages has been fixed under this Act by the day, works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day :

    Provided, however, that he shall not be entitled to receive wages for a full normal working day—

    (i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and
    (ii) in such other cases and circumstances as may be prescribed.

    16.  Wages for two or more classes of work.—Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

    LOCAL AMENDMENTS

    Madhya Pradesh— See Section 8 of MP. Act 23 of 1961.

    17.  Minimum time rate wages for piece work.—Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.

    18.  Maintenance of registers and records.—(1) Every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed.

    (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed particulars.

    (3) The appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

    LOCAL AMENDMENTS

    Bihar.See S. 2 of Bihar Act 9 of 1988.
    Madhya Pradesh— See S. 9 of MP. Act 23 of 1961.
    Maharashtra— See S. 5 of Mah. Act 3 of 1963.

    LOCAL AMENDMENTS

    SECTION 18-A

    Madhya Pradesh.—Original Section 18-A inserted vide S. 3 of MP. Act 11 of 1959 and subsequently renumbered as Section 22-CC by S. 21(b) of M.P. Act 23 of 1961. A new Section 18-A inserted by S. 10 of M.P. Act 23 of 1961.

    19.  Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions.

    (2) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed—

    (a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the 33[Government] or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made thereunder, and require the production thereof for inspection ;

    (b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein;

    (c) require any person given out-work and any out-workers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work;

    34[(d) seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer ; and]

    (e) exercise such other powers as may be prescribed.

    (3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

    35[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within he meaning of Section 175 and Section 176 of the Indian Penal Code (45 of 1860).]

    LOCAL AMENDMENTS

    Bihar.—See S. 4 of Bihar Act 5 of 1983.
    Madhya Pradesh— See S. 11 of MP. Act 23 of 1961.

    20. Claims.—(1) The appropriate Government may, by notification in the Official Gazette, appoint 36[any Commissioner for Workmen's Compensation or any officer of the Central Government exercising functions as a Labour Commissioner for any region, or any officer of the State Government not below the rank of Labour Commissioner or any] other officer with experience as a Judge of a Civil Court or as stipendiary Magistrate to be the Authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 37[or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section 14,] to employees employed or paid in that area.

    (2) 38[Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3):

    Provided that every such application shall be presented within six months from the date on which the minimum wages 39[or other amount] became payable:

    Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such period.

    40[(3) When any application under sub-section (2) is entertained, the Authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this Act, direct—

    (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount of such excess,

    (ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees,

    and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.]

    (4) If the Authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application.

    (5) Any amount directed to be paid under this section may be recovered—

    (a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or

    (b) if the Authority is not a Magistrate, by any Magistrate to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

    (6) Every direction of the Authority under this section shall be final.

    (7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).

    LOCAL AMENDMENTS

    Bihar— See S. 3 of Bihar Act 9 of 1988 and S. 5 of Bihar Act 5 of 1983.
    Karnataka.—In Section 20(1) for "stipendiary Magistrate" read "Judicial Magistrate"—Vide Mysore Act 13 of 1965.
    Madhya Pradesh —See S. 12 of M.P. Act 23 of 1961, S. 3 of M.P. Act 36 of 1976.
    Maharashtra.—In Section 20(1) for "Magistrate" read "Judicial Magistrate"—Vide Bom Act 8 of 1954. See also S. 6 of Mah. Act 3 of 1963. S. 2 of Mah. Act 25 of 1976.
    Rajasthan—See S. 3 of Raj. Act 11 of 1976.

    21. Single application in respect of a number of employees.—(1) 41[Subject to such rules as may be prescribed, a single application] may be presented under Section 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under subsection (3) of Section 20 shall not exceed ten times the aggregate amount of such excess 42[or ten rupees per head, as the case may be.]

    (2) The Authority may deal with any number of separate pending applications presented under Section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly.

    LOCAL AMENDMENTS

    Gujarat.—New Section 21-A inserted vide S. 3 of Guj. Act 22 of 1961.
    Maharashtra.—New Section 21-A inserted vide S. 3 of Mah. Act 10 of 1961

    43[22. Penalties for certain offences.—Any employer who—

    (a) pays to any employee less than the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this Act, or

    (b) contravenes any rule or order made under Section 13,

    shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both:

    Provided that in imposing any fine for an offence under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Section 20.

    LOCAL AMENDMENTS

    Bihar— See S.6 of Bihar Act 5 of 1983.
    Maharashtra.—Amendments in cl.(a). See S. 7 of Mah. Act 3 of 1963.

    LOCAL AMENDMENT

    SECTION 22-1A

    Maharashtra.—New Section 22-1A inserted vide S. 8 of Mah. Act 3 of 1963.

    22-A. General provision for punishment of other offences.—Any employer who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine which may extend to five hundred rupees.

    LOCAL AMENDMENT

    Bihar—See S. 7 of Bihar Act 5 of 1983.

    22-B. 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 22-A, 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 22-A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

    LOCAL AMENDMENTS

    Bihar—See S. 8 of Bihar Act 5 of 1983 and S. 4 of Bihar Act 9 of 1988.
    Gujarat—See S. 4 of Guj. Act 22 of 1961.
    Madhya Pradesh—See S. 13 of MP. Act 23 of 1961.
    Maharashtra—See S. 4 of Mah. Act 10 of 1961.

    22-C. Offences by companies.—(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

    Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

    (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    Explanation.—For the purposes of this section,—

    (a)  "company" means any body corporate and includes a firm or other association of individuals, and

    (b)  "director" in relation to a firm means a partner in the firm.

    LOCAL AMENDMENTS

    SECTION 22-CC

    Madhya Pradesh.—Section 18-A inserted by M.P. Act 11 of 1959 renumbered as Section 22-CC in its application to MP. vide S. 21(b) of M.P. Act 23 of 1961.
    Manipur.—New Section 22-C inserted by Manipur Act 5 of 1993, S. 2.
    Uttar Pradesh—A new Section 22-CC inserted vide U.P. Act 35 of 1979, S. 3.

    22-D. Payment of undisbursed amounts due to employees.—All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.

    LOCAL AMENDMENT

    Madhya Pradesh.—Section 23 of Principal Act renumbered as Section 22-D in its application to MP. vide M.P. Act 23 of 1961, S. 21.

    22-E. Protection against attachment of assets of employer with Government.—Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid.

    22-F. Application of Payment of Wages Act, 1936, to scheduled employments.—Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936), the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act, shall, with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employment as may be specified in the notification.

    (2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.]

    LOCAL AMENDMENTS

    Madhya Pradesh—See S. 14 of M.P. Act 23 of 1961.

    SECTION 22-G

    Madhya Pradesh.—New Section 22-G inserted vide S. 15 of M.P. Act 23 of 1961.

    23. Exemption of employer from liability in certain cases.—Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge ; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court—

    (a) that he has used due diligence to enforce the execution of this Act, and

    (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged:

    Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross-examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution.

    LOCAL AMENDMENT

    Madhya Pradesh.—By S. 21(c) of the MP. Act 23 of 1961, in its application to the State of M.P., Section 22-D and Section 23 have been renumbered as Section 23 and Section 22-D respectively.

    24. Bar of suits.—No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed—

    (a) forms the subject of an application under Section 20 which has been presented by or on behalf of the plaintiff, or

    (b) has formed the subject of a direction under that section in favour of the plaintiff, or

    (c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or

    (d) could have been recovered by an application under that section.

    25. Contracting out.—Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this Act.

    26. Exemptions and exceptions.—(1) The appropriate Government may, subject to such conditions, if any, as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

    (2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 44[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.

    45[(2-A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 46[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class 47[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.]

    (3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.

    Explanation.—In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister.

    LOCAL AMENDMENTS

    Madhya Pradesh—See S. 16 of M.P. Act 23 of 1961.
    Maharashtra.—See S. 9 of Maharashtra Act 3 of 1983.

    27. Power of State Government to add to Schedule.—The appropriate Government, after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by like notification add, to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the 48[State] be deemed to be amended accordingly.

    LOCAL AMENDMENT

    Madhya Pradesh—See S. 17 of M.P. Act 23 of 1961.

    LOCAL AMENDMENTS

    SECTIONS 27-A AND 27-B

    Bihar—New Sections 27-A and 27-B inserted by S. 9 of Bihar Act 5 of 1983.
    Madhya Pradesh.—New Sections 27-A and 27-B inserted by S. 18 of M.P. Act 23 of 1961.

    28. Power of the Central Government to give directions.—The Central Government may give directions to a 49[State] Government as to the carrying into execution of this Act in the 50[State].

    29. Power of the Central Government to make rules.—The Central Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the Central Advisory Board.

    30. Power of appropriate Government to make rules.—(1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

    (2) Without prejudice to the generality of the foregoing power, such rules may—

    (a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, sub-committees 51[* * *] and the Advisory Board ;

    (b) prescribe the method of summoning witnesses, production of documents relevant to the subject-matter of the enquiry before the committees, subcommittees 52[* * *] and the Advisory Board ;

    (c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates ;

    (d) prescribe the time and conditions of payment of, and the deductions permissible from wages ;

    (e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act ;

    (f) provide for a day of rest in every period of seven days and for the payment of remuneration in respect of such day ;

    (g) prescribe the number of hours of work which shall constitute a normal working day ;

    (h) prescribe the cases and circumstance in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day ;

    (i) prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records ;

    (j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips.

    (k) prescribe the powers of Inspectors for purposes of this Act ;

    (l) regulate the scale of costs that may be allowed in proceedings under Section 20 ;

    (m) prescribe the amount of court-fees payable in respect of proceedings under Section 20 ; and

    (n) provide for any other matter which is to be or may be prescribed.

    LOCAL AMENDMENT

    Maharashtra—See S. 10 of Mah. Act 3 of 1963.

    53[30-A. Rules made by Central Government to be laid before Parliament.—Every rule made by the Central Government under this Act shall be valid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule].

    LOCAL AMENDMENT

    Madhya Pradesh.—New Section 30-A inserted vide S. 19 of M.P. Act 23 of 1961.

    54[31. Validation of fixation of certain minimum rates of wages.—Where during the period—

    (a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 ; or

    (b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 ; or

    (c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961,

    minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of subsection (1) of Section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954, or the Minimum Wages (Amendment) Act, 1957, or the Minimum Wages (Amendment) Act, 1961, as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed.

    Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under Section 13.]

    SECTION 31-A

    LOCAL AMENDMENTS

    Madhya Pradesh.—New Section 31-A inserted vide S. 20 of MP. Act 23 of 1961.
    Rajasthan—New Section 31-A inserted vide S. 4 of Raj. Act 4 of 1960.

    THE SCHEDULE

    [See Sections 2(g) and 27]
    PART I

    1. Employment in any woollen carpet making or shawl weaving establishment.
    2. Employment in any rice mill, flour mill or dal mill.
    3. Employment in any tobacco (including bidi making) manufactory.
    4. Employment in any plantation, that is to say, any estate which is maintained for the purpose of growing cinchona, rubber, tea or coffee.
    5. Employment in any oil mill.
    6. Employment under any local authority.
    55[7. Employment on the construction or maintenance of roads or in building operations.]
    8. Employment in stone-breaking or stone-crushing.
    9. Employment in any lac manufactory.
    10. Employment in any mica works.
    11. Employment in public motor transport.
    12. Employment in tanneries and leather manufactory.
    56lEmployment in gypsum mines.
    Employment in barytes mines.
    Employment in bauxite mines.
    Employment in manganese mines.]
    Employment in the maintenance of buildings and employment in the construction and maintenance of runways.
    Employment in china clay mines.
    Employment in kyanite mines.
    Employment in copper mines.
    Employment in clay mines covered under the Mines Act, 1952.
    Employment in magnesite mines covered under the Mines Act, 1952.
    Employment in white clay mines.
    Employment in stone mines.
    Employment in steatite (including the mines producing soapstone and talc).
    Employment in ochre mines.
    Employment in asbestos mines.
    Employment in fire clay mines.
    Employment in chromite mines.
    Employment in quartizite mines.
    Employment in quartz mines.
    Employment in silica mines.
    Employment in graphite mines.
    Employment in felspar mines.
    Employment in laterite mines.
    Employment in dolomite mines.
    Employment in red oxide mines.
    Employment in wolfram mines.
    Employment in iron-ore mines.
    Employment in granite mines.
    57[Employment in rock phosphate mines.]
    58[Employment in hematite mines.]
    59[Employment in loading and unloading in railways, goods sheds.
    Employment in docks and ports.]
    60[Employment in ashpit cleaning on railways.]
    61[Employment in marble and calcite mines.]
    62[Employment in uranium mines.]
    63[Employment in (i) lignite mines (ii) gravel mines (iii) slate mines and (iv) laying of underground cables, electric lines, water supply and sewerage pipeline.]

    LOCAL AMENDMENTS

    Gujarat.See Section 5 of Guj. Act 22 of 1961.
    Maharashtra.See Section 5 of Mah. Act 10 of 1961, Section 11 of Mah. Act 3 of 1963.
    Notes.—The Schedule has been also amended by all the State Governments by various notifications issued from time to time. For reference consult Statutes section of Factories Journal Reports (FJR).

    PART II

    1. Employment in agriculture, that is to say, in any form of farming, including the cultivation and tillage of the soil, dairy farming, the production, cultivation, growing and harvesting of any agricultural or horticultural commodity, the raising of livestock, bees or poultry, and any practice performed by a farmer or on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering operations and the preparations for market and delivery to storage or to market or to carriage for transportation to market of farm produce).

    AMENDING ACTS OF STATES

    The Minimum Wages (Andhra Pradesh Amendment) Act, 1961

    [ANDHRA PRADESH ACT 19 OF 1961]

    [9th June, 1961]

    An Act to amend the Minimum Wages Act, 1948 (Central Act 11 of 1948) in its application to
     the State of Andhra Pradesh

    Be it enacted by the Legislature of the State of Andhra Pradesh in the Twelfth Year of the Republic of India as follows :—

    1. Short title.—This Act may be called the Minimum Wages (Andhra Pradesh) (Amendment) Act, 1961.

    2Amendment of Section 3, Central Act 11 of 1948.—In clause (a) of sub-section (1) of Section 3 of the Minimum Wages Act, 1948 (Central Act 11 of 1948)—

    (a)  in sub-clauses (i) and (ii), for the words, figures and letters, "before the 31st day of December, 1959", the words, figures and letters "before the 31st day of December, 1961" shall be substituted ;

    (b)  in sub-clause (iii), for the words, "one year" the words "two years" shall be substituted.

    The Minimum Wages (Assam Amendment) Act, 19641

    [ASSAM ACT 19 OF 1964]

    [5th August, 1964}

    An Act to amend the Minimum Wages Act, 1948 in its application to the State of Assam

    Preamble.—Whereas it is expedient to amend the Minimum Wages Act, 1948 (hereinafter referred to as the said Act) in its application to the State of Assam, for the purpose and in the manner hereinafter appearing;

    It is hereby enacted in the Fifteenth Year of the Republic of India as follows :

    1.  Short title, extent and commencement.(1) This Act may be called the Minimum Wages (Assam Amendment) Act, 1964.

    (2)  It extends to the whole of Assam.

    (3)  It shall come into force at once.

    2. Amendment of Section 5 of Central Act No. 11 of 1948.—In Section 5 of the said Act, at the end of clause (a) of sub-section (1), for the comma and the word "or" after the word "be", a colon shall be substituted and the following proviso shall be added, namely :

    "Provided the committees and sub-committees as so appointed may advise the appropriate Government in respect of fixation of wages on interim measure after holding such preliminary enquiries as the committee or the sub-committee, as the case may be, considers necessary in this behalf and the appropriate Government after considering such advice may fix the wages pending the fixation of the minimum rate of wages as required under sub-section (2), or".

    The Minimum Wages (Bihar Amendment) Act, 1960

    [BIHAR ACT 3 OF 1961]

    (President's assent published in the Bihar Gazette, Extraordinary of the 1st March, 1961) An Act to amend the Minimum Wages Act, 1948, in its application to the State of Bihar

    Be it enacted by the Legislature of the State of Bihar in the Eleventh Year of the Republic of India as follows :—

    1. Short title.—This Act may be called the Minimum Wages (Bihar Amendment) Act, 1960.

    2.  Amendment of Section 3 of Act XI of 1948.—In sub-clause (i) of clause (a) of subsection (1) of Section 3 of the Minimum Wages Act, 1948 (XI of 1948), for the words and figures "before the 31st day of December, 1959", the words and figures "before the 31st day December, 1961" shall be substituted.

    U;wure etnwjh ¼fcgkj la'kks/ku½ vf/kfu;e] 1979

    ¼fcgkj vf/kfu;e la- 5] 1983½1

    fcgkj jkT; esa ykxw gksus esa U;wure etnwjh vf/kfu;e] 1948 dk la'kks/ku djus ds fy;s vf/kfu;e

    Hkkjr x.kjkT; ds rSarhlosa o"kZ esa fcgkj jkT; fo/kku&eaMy }kjk ;g fuEufyf[kr :i ls vf/kfu;fer gks %&

    1- laf{kIr uke] foLrkj vkSj izkjEHk-&¼1½ ;g vf/kfu;e U;wure etnwjh ¼fcgkj la'kks/ku½ vf/kfu;e] 1979 dgyk;sxkA

    ¼2½ bldk foLrkj lEiw.kZ fcgkj jkT; esa gksxkA

    ¼3½ ;g rqjar izo`Rr gksxkA

    2- vf/kfu;e 11] 1948 dh /kkjk 3 dk la'kks/ku-&U;wure etnwjh vf/kfu;e] 1948 ¼11] 1948½ ¼blesa blds vkxs mDr] vf/kfu;e ds:i esa ^^fufnZ"V**½ dh /kkjk 3 esa mi&/kkjk ¼2&d½ yqIr dj nh tk;sxhA

    3- vf/kfu;e 11] 1948 dh /kkjk 12 dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 12 esa mi&/kkjk ¼1½ ds ckn fuEufyf[kr mi&/kkjk vUr%LFkkfir dh tk;sxh&

    ^^¼1&d½ tgk¡ fdlh vuqlwfpr fu;kstu ds lEcU/k esa U;wure etnwjh nj fu;r ;k iqujhf{kr djus ds fy;s /kkjk 5 ds v/khu vf/klwpuk fuxZr djus ds Bhd igys bl izdkj fu;r ;k iqujhf{kr nj ls vf/kd nj ij etnwjh ;k rks lafonk] iapkV ¼Award½] :f<+ ¼Custom½] O;ogkjh izFkk ¼Usage½ ;k djkj }kjk vFkok rRle; izo`Rr fdlh vU; fof/k ds v/khu ns; gks] rks ogha bl vf/kfu;e esa fdlh ckr ds gksus ij Hkh] ,sls vuqlwfpr fu;kstu esa deZpkfj;ksa dks mlh mPprj nj ij etnwjh ns; gksxh vkSj bl izdkj ns; etnwjh bl vf/kfu;e ds iz;kstukFkZ U;wure etnwjh le>h tk;sxhA**

    4- vf/kfu;e 11] 1948 dh /kkjk 19 dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 19 esa mi /kkjk ¼2½ ds [kaM ¼?k½ ds ckn fuEufyf[kr u;s [kaM vUr% LFkkfir fd;s tk;saxs&

    ^^¼?k?k½ ,sls deZpkjh ds laj{kd ¼xkftZ;u½ dk c;ku ys ldsxk ;k Lohdj dj ldsxk] tks LFkkbZ ;k vLFkkbZ dfri; 'kkjhfjd ;k ekufld fu%'kDrk ¼cgjk] xwaxk vkfn½ gksus ds dkj.k vf/kfu;e ds micU/kksa ds v/khu ml deZpkjh dh dk;Z&Js.kh ds fy, fu;r U;wure etnwjh dh nj ls de etnwjh ;k mls ns; jde ls de jde ds Hkqxrku ds ckjs esa viuk c;ku ugha ns ldrk gksA

    ¼?k?k?k½ vf/kfu;e dh /kkjk 20 dh mi&/kkjk ¼1½ ds v/khu fu;qDr fdlh izkf/kdkjh ds le{k vf/kfu;e dh /kkjk 20 dh mi&/kkjk ¼2½ ds v/khu izLrqr fd;s x;s fdlh vkosnu dk lapkyu dj ldsxkA**

    5- vf/kfu;e 11] 1948 dh /kkjk 20 dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 20 esa&

    ¼d½ mi&/kkjk ¼1½ esa ^^;k Je vk;qDr ls vU;wu iafDr dk jkT; ljdkj dk dksbZ inkf/kdkjh** 'kCnksa ds LFkku ij ^^;k Je vk;qDr ls vU;wu iafDr dk jkT; ljdkj dk dksbZ inkf/kdkjh** 'kCn j[ks tk;saxs %

    ^^ijUrq ljdkj fdlh Hkh izkf/kd`r inkf/kdkjh dks vko';drk iM+us ij dSEi dksVZ djus dk funs'k ns ldrh gSA**

    ¼[k½ mi&/kkjk ¼2½ esa ^^izkf/kd`r vkosnd vkSj fu;kstd dh lquokbZ djsxk** 'kCnksa ds ckn vkSj 'kCn ^^;k** ds igys 'kCn ^^laf{kIr :i ls** vUr% LFkkfir fd;s tk;saxs% vkSj

    ¼x½ mi&/kkjk ¼5½ ds LFkku ij fuEufyf[kr mi&/kkjk izfrLFkkfir dh tk;sxh&

    ^^¼5½ ,slh jde] ftlds Hkqxrku ds fy, bl /kkjk ds v/khu funs'k fn;k x;k gks] fcgkj ,oa mM+hlk ifCyd fMekaM~l fjdojh ,sDV] 1914] ¼lu~ 1914 dk 4½ ds cdk;s ds :i esa olwyh ;ksX; gksxhA**

    ¼?k½ mi&/kkjk ¼6½ ds LFkku ij fuEufy[kr mi&/kkjk izfrLFkkfir dh tk;sxh&

    ^^¼6½ mi&/kkjk ¼1½ ds v/khu fu;qDr fdlh izkf/kdkjh }kjk mi&/kkjk ¼3½ ds v/khu fn;s x;s funs'k ls O;fFkr dksbZ fu;kstd ;k deZdkj ;k bl vf/kfu;e ds vUrxZr fu;qDr dksbZ fujh{kd mi&/kkjk ¼2½ ds v/khu vkosnu fd;s tkus ij] funs'k dh rkjh[k ls 30 fnuksa ds Hkhrj ,slh jhfr ls vkSj ,sls izf/kdkjh ds ikl vihy dj ldsxk ftls jkT; ljdkj vf/klwpuk }kjk bl fufeRr fofufnZ"V djs] vkSj og izkf/kdkjh vihy dh lquokbZ djus ds ckn ml funs'k dh] ftlds fo:) vihy dh xbZ gks] laiq"V mikarfjr ;k izfrofrZr dj ldsxk rFkk ml izkf/kdkjh }kjk fn;s x;s vkns'k ds fo:) iqu% dksbZ vihy fdlh U;k;ky; esa ugha gksxhA**

    ¼M-½ bl rjg izfrLFkkfir mi&/kkjk ¼6½ ds ckn fuEufyf[kr ubZ mi&/kkjk vUr% LFkkfir dh tk;sxh&

    ^^¼6&d½ ;fn bl ckr dk lek/kku gks tk;s fd vkosnd i;kZIr dkj.k ls mi&/kkjk ¼6½ esa fofufnZ"V dkykof/k ds Hkhrj vihy u dj ldk rks mi&/kkjk ¼6½ esa fufnZ"V izkf/kdkjh vfrfjDr 30 fnuksa ds Hkhrj ysfdu mlds ckn ugha] vihy djus dh vuqKk ns ldsxkA**

    6- vf/kfu;e 11] 1948 dh /kkjk 22 ¼[k½ dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 22 ¼[k½ esa ^^,d lky dk dkjkokl ;k 3000 :- rd tqekZus ;k nksuksa** vUr% LFkkfir fd;s tk;saxsA

    7- vf/kfu;e 11] 1948 dh /kkjk dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 22&d ds LFkku ij fuEufyf[kr /kkjk izfrLFkkfir dh tk,xh&

    ^^22&d- vU; vijk/kksa ds fy, n.M dk lkekU; micU/k-&;fn dksbZ fu;kstd bl vf/kfu;e ;k blds v/khu cuk;s x;s fdlh fu;e ;k fn;s x;s fdlh vkns'k ds micU/k dk mYya?ku djs] rks og N% eghus rd ds dkjkokl ;k nks gtkj :- ds tqekZus ;k nksuksa ls naMuh; gksxk] c'krsZ fd bl vf/kfu;e esa ,sls mYya?ku ds fy, fdlh vU; 'kkfLr dk micU/k u gksA**

    8- vf/kfu;e 11] 1948 dh /kkjk 22&[k dk la'kks/ku-&mDr vf/kfu;e dh /kkjk 22&[k esa mi&/kkjk ¼1½ ds [kaM ¼d½ ds LFkku ij fuEufyf[kr [kaM izfrLFkkfir fd;k tk;sxk&

    ^^¼d½ /kkjk 22 ds [kaM ¼d½ ds v/khu vijk/k ds laca/k esa tc rd jkT; ljdkj ;k bl fufeRr muds }kjk izkf/kd`r dksbZ inkf/kdkjh ifjokn djus dh eatwjh ugha nsA**

    9- vf/kfu;e 11] 1948 esa u;h /kkjk 27&d vkSj 27&[k dk vUr%dj.k-&mDr vf/kfu;e dh /kkjk ds ckn fuEufyf[kr /kkjk;sa vUr%LFkkfir dh tk;saxh&

    ^^27&d- bl vf/kfu;e ds v/khu dke djus okys O;fDr;ksa dk laj{k.k-&fdlh O;fDr ds fo:) ,sls fdlh dke ds fy, dksbZ okn] vfHk;kstu ;k vU; fof/kd dk;Zokgh ugha gksxh tks dke bl vf/kfu;e ds v/khu mlds drZO;ksa ds lE;d~ fuokZgu esa ln~HkkoiwoZd fd;s tkus ds fy, vfHkizsr gksA

    27&[k- ,d U;k;ky; ls nwljs U;k;ky; esa ekeyksa dk vUrj.k-&jkT; ljdkj ;k blds v/khu dksbZ izkf/kdkjh] tks bl fufeRr jkT; ljdkj ds fyf[kr vkns'k }kjk izkf/kd`r fd;k x;k gks] 'kkldh; xtV esa vf/klwpuk fudky dj bl vf/kfu;e dh /kkjk 27 dh mi&/kkjk ¼1½ ds v/khu fu;qDr fdlh izkf/kdkjh ds le{k fdlh Hkh le; yafcr fdlh Hkh ekeys dks mBkdj ;k mls okil eaxkdj ml ekeys dh fofgr jhfr ls fucVko ds fy, fdlh vU; fu;qDr izkf/kdkjh dks vUrfjr dj ldsxkA**

    10- fujlu vkSj O;ko`fRr-&¼1½ U;wure etnwjh ¼fcgkj f}rh; la'kks/ku½ v/;kns'k] 1982 ¼fcgkj v/;kns'k 60] 1982½ blds }kjk fujflZr fd;k tkrk gSA

    ¼2½ ,sls fujlu ds gksrs gq;s Hkh mDr v/;kns'k ds }kjk ;k ds v/khu iznRr fdlh 'kfDr ds iz;ksx esa fd;k x;k dk;Z ;k dh xbZ dk;ZokbZ bl vf/kfu;e ds }kjk ;k ds v/khu 'kfDr;ksa ds iz;ksx esa fd;k x;k ;k dh xbZ le>h tk;sxh ekuks ;g vf/kfu;e ml fnu izo`Rr Fkk ftl fnu ,slk dk;Z fd;k x;k ;k ,slh dk;ZokbZ dh xbZ FkhA

     

    The Minimum Wages (Bihar Amendment) Act, 1988

    [BIHAR ACT 9 OF 1988]

     (Published in the Bihar Gazette. Extraordinary, dated February 19, 1988)

     An Act to amend the Minimum Wages Act, 1948

     Be it enacted by the Legislature of the State of Bihar in the Thirty-eighth Year of the Republic of India as follows :—

    1.   Short title, extent and commencement.—(1) This Act may be called the Minimum Wages (Bihar Amendment) Act, 1988.

    (2) It extends to the whole of the State of Bihar.

    (3)  It shall come into force at once.

    2.   Amendment of Section 18 of Act XI of 1948.—In Section 18 of the Minimum Wages Act. 1948 (XI of 1948) (hereinafter referred to as the said Act), after sub-section (3), the following sub-section shall be inserted, namely :—

    "(4) The appropriate Government may, by rules made under this Act, also provide for the issue of identity cards and service certificates to employees employed in any scheduled employment in such form and containing such particulars as may be prescribed."

    3.   Amendment of Section 20 of Act XI of 1948.—In Section 20 of the said Act—

    (i) after sub-section (4), the following sub-section shall be inserted, namely :—

    "(4-A) No employer shall, during the pendency of any proceeding arising out of any claim case, take any action against any employee concerned in such claim case—

    (a)  by altering to the prejudice of such employee, the conditions of service applicable to him immediately before the commencement of such proceedings, and

    (b)  by discharging, terminating the services in any manner or punishing whether by dismissal or otherwise of such workers, save with die express permission in writing of the Authority before whom the proceeding is pending.";

    (ii) after sub-section (5), the following sub-section shall be inserted, namely :—

     "(5-A) At the time of hearing, the authority may direct the employers to deposit at least 50% of the claimed amount with the Authority excluding the amount of compensation. The said amount may be paid to the claimed which shall be adjusted subsequently with the decreed amount."

    4.   Amendment of Section 22-B of Act XI of 1948.—In clause (b) of sub-section (2) of Section 22-B of the said Act, the following proviso shall be inserted, namely :—

    "Provided that the Court, if it is satisfied that the State Government or any officer authorised by it in this behalf was prevented by sufficient cause from sanctioning the making of the complaint within the period specified in sub-section (2), shall condone the delay and allow the complaint to be made even after the expiry of the said period."

    5.  Repeal and Saving.—(I) The Minimum Wages (Bihar Amendment) Ordinance, 1987 (Bihar Ordinance No. 28 of 1987) is hereby repealed.

    (2) Notwithstanding such repeal anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action taken.

    The Minimum Wages (Gujarat Amendment) Act, 1961

    [GUJARAT ACT 22 OF 1961]

    [11th May, 1961]

    An Act further to amend the Minimum Wages Act, 1948, to its application to the State of Gujarat

    It is hereby enacted in the Twelfth Year of the Republic of India as follows :—

    1. Short title.—This Act may be called the Minimum Wages (Gujarat Amendment) Act, 1961.

    2. Amendment of Section 3 of Act XI of 1948.—In Section 3 of the Minimum Wages Act, 1948 hereinafter referred to as "the Principal Act"—

    (1) in clause (a) of sub-section (1)—

    (a) in sub-clause (i), the following provisos shall be added at the end, namely :—

    "Provided that where the appropriate Government is the State Government this sub-clause shall have effect as if the words, figures and the letters "before 31st day of December, 1959" had been deleted :

    Provided further that the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State, and in the case of an employment under any local authority the State Government may fix such rates for any specified local authority, or class of local authorities;";

    (b) in sub-clause (ii),

    (i) after the figure "1959" the following proviso shall be inserted, namely ;

    "Provided that where the appropriate Government is the State Government, this sub-clause shall have effect as if the words, figures and letters "before the 31st day of December, 1959" had been deleted, and

    (ii) for the words "provided that" the words "Provided further that" shall be substituted ;

    (c) in sub-clause (iii) the following provisos shall be added at the end, namely :

    "Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State :

    Provided further that, where the State Government has for any reason not fixed the minimum rates of wages in respect of any such employment before the expiry of one year from the date of such notification, nothing contained in this sub-clause shall, after the commencement of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."

    (2) to sub-section (1-A), the following proviso shall be added, namely ;

    "Provided that, where the State Government has for any reason not fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."

    3.  Insertion of Section 21-A in Act XI of 1948.—After Section 21 of the Principal Act, the following section shall be inserted, namely :

    "21-A. Liability for payment of court-fee.—(1) In any proceedings under Section 20 the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings :

    Provided that, when the application is presented by an Inspector, he shall not be liable to pay the process fees also.

    (2) Where the applicant succeed in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (i') and direct the employer or other person responsible for the payment of wages under Section 12 to pay the amount to the State Government. The amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue."

    4.  Amendment of Section 22-B of Act XI of 1948.—In Section 22-B of the Principal Act, in sub-section (2) for clause (b) the following shall be substituted, namely—

    (b) under Section 22-A, unless the complaint thereof is made within six months of the date on which the offence becomes known to the Inspector;".

    5. Amendment of Schedule to Act XI of 1948.—(1) In the Schedule to the Principal Act, in Part I, the following entries shall be deleted, namely—

    (a) the entries—

    (i) "Employment in salt-pan industry.";

    (ii) "Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948";

    (iii) "Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such process or bookbinding is carried on."; and

    (iv) "Employment in any cotton ginning or cotton pressing manufactory.";

    as added to the said Schedule in its application to the Bombay area of the State of Gujarat ;

    (b) the entries—

    (i) "Employment in salt-pan industry,"; and

    (ii) "Employment in the cotton ginning and cotton pressing factories."; as added to the said Schedule in its application to the Saurashtra area of the State of Gujarat; and

    (c) the entry—

    "Employment in any shop or commercial establishment, other than covered under any of the other entries in this Schedule.

    Explanation.—For the purposes of this entry, the expressions 'shop' and  'commercial establishment' shall have the same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948.";

    as added to the said Schedule in its application to the State of Bombay.

    (2)  In Part I of the Schedule to the Principal Act, after Entry 12, the following entries shall be added to the said Part in its application to the State of Gujarat, namely :—

    "13. Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948.

    14. Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such process or book-binding is carried on.

    15.  Employment in any cotton ginning or cotton pressing manufactory.

    16.  Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.

    Explanation.—For the purposes of this entry, the expressions 'shop' and 'commercial establishment' shall have the meanings respectively assigned to them in the Bombay Shops and Establishments Act, 1948."

    (3) The deletion under sub-section (1) of any entry specified in that sub-section shall not affect any minimum rates of wages in force under the Principal Act, immediately before the commencement of this Act in any area in respect of any employment specified in such entry, and such rates shall, subject to the provisions of clause (b) of sub-section (1) of Section 3 of the Principal Act, continue in force in such area as if they had been fixed or revised in respect of the corresponding employment specified in the Schedule to the Principal Act as amended by this section.

    The Minimum Wages (Kerala Amendment) Act, 1960

    [KERALA ACT 18 OF 1960]

     An Act to amend the Minimum Wages Act, 1948, in its application to the State of Kerala

    Preamble.—Whereas it is deemed necessary to amend the Minimum Wages Act, 1948 (Central Act 11 of 1948), in its application to the State of Kerala;

    Be it enacted in the Eleventh Year of the Republic of India as follows :—

    1.  Short title, extent and commencement.—(1) This Act may be called the Minimum Wages (Kerala Amendment) Act, 1960.

    (2)  It extends to the whole of the State of Kerala.

    (3)  It shall come into force at once.

    2.  Amendment of Section 3.—(1) Section 3 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), in its application to the fixation of minimum rates of wages in respect of employment specified in Part I and Part II of the Schedule to the Act, in relation to which the appropriate Government is the State Government, shall have effect in the State of Kerala subject to the amendments specified in sub-section (2).

    (2) In sub-section (1) of Section 3 of the Minimum Wages Act, 1948 (Central Act 11 of 1948),—

    (i) in the opening words, for the words "The appropriate Government" the words "The State Government" shall be substituted;

    (ii) In clause (a)

    (a) in sub-clauses (i) and (ii), for the figures, letters and words "31st day of December, 1959" the figures, letters and words "31st day of March, 1961, or such other date, not being later than the 31st day of March, 1962, as the State Government may, from time to time, fix by notification in the Gazette", shall be substituted;

    (b) after the existing proviso, the following further proviso shall be inserted, namely : "Provided further that where, in fixing the minimum rates of wages of any employment under sub-clause (i) or sub-clause (ii), any class of employees is left out, the State Government may, at any time, fix the minimum rates of wages payable to such class of employees.

    Explanation.—For the purposes of this proviso, the expression 'employees left out' with reference to an employment shall include—

    (i) employees employed in a particular locality in the employment, the minimum rates of wages payable to whom have not been fixed; (ii) employees employed in any process or branch of work which was not in existence in the employment at the time when the minimum rates of wages were fixed;".

    The Minimum Wages (Madhya Pradesh Amendment) Act, 1959

    [MADHYA PRADESH ACT 11 OF 1959]

    (Received the assent of the President on the 20th May, 1959 and published in the Madhya Pradesh

    Gazette, dated 12th June, 1959)

    An Act further to amend the Minimum Wages Act, 1948, in its application to Madhya Pradesh

    Be it enacted by the Madhya Pradesh Legislature in the Tenth Year of the Republic of India as follows :—

    1. Short title.—This Act may be called the Minimum Wages (Madhya Pradesh Amendment) Act, 1959.

    2. Amendment of Section 2, Central Act XI of 1948.In clause (e) of Section 2 of the Minimum Wages Act, 1948 (11 of 1948) (hereinafter referred to as the principal Act), for the words, brackets and figures "and includes, except in sub-section (3) of Section 26" the words, brackets and figures "and includes a person deemed to be an employer under Section 18-A and further includes, except in sub-section (3) of Section 26" shall be substituted.

    3. Insertion of new Section 18-A in Central Act XI of 1948.—After Section 18 of the Principal Act, the following section shall be inserted, namely :—

    "18-A. Liability of principals in certain cases.—(1) Subject to the provisons of sub-section (2) where in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person (hereinafter in this section referred to as the principal) contracts with any other person (hereinafter in this section referred to as the contractor) for having any goods made for sale for the purposes of the trade or business of the principal either wholly or partly out of materials supplied to the contractor by such principal, then notwithstanding that the employees for making such goods are employed by the contractor, the principal shall also in addition to the contractor be deemed for all purposes of this Act to be the employer in relation to such employees :

    Provided that where by virtue of the provisions of sub-section (1) a principal is convicted of an offence punishable under Section 22, he shall be punishable only with fine as provided for in that section.

    (2) The provisions of this section shall apply only to such scheduled employments as the State Government may, by notification, specify in that behalf."

    The Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961

    (MADHYA PRADESH ACT 23 OF 1961)
    (Received the assent of the President on the 6th June, 1961)

    An Act further to amend the Minimum Wages Act, 1948 (II of 1948) in its application to the State of Madhya Pradesh and to validate fixation and revision of minimum wages in certain scheduled employments

    Be it enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India as follows :—

    1.  Short title.—This Act may be called the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961.

    2.  Amendment of Section 2.—In Section 2 of the Minimum Wages Act, 1948 (II of 1948), (hereinafter referred to as the Principal Act) the clause (i) shall be renumbered as clause (ee) and to the clause (ee) as so renumbered the following Explanation shall be added, namely :

    "Explanation.—An employee who has been dismissed, discharged or retrenched from employment or whose employment has been otherwise terminated shall, in respect of all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section 14 during the period of his employment be deemed to be an employee for the purpose of this Act.".—Vide M.P. Act 23 of 1961.

    3. Amendment of Section 3.—(1) In Section 3 of the Principal Act, in sub-section (1),—

    (a) the proviso to sub-clause (ii) of clause (a) shall be omitted, and

    (b) after sub-clause (iii), the following provisos shall be inserted, namely :—

    "Provided that where for any reason, the State Government has not fixed the minimum rates of wages in respect of any scheduled employment within the periods specified in sub-clauses (i), (ii) and (iii) it may, by notification, extend from time to time, the said periods by further period not exceeding three years in the aggregate in each case:

    Provided further that the State Government may. instead of fixing minimum rates of wages under sub-clauses (i), (ii) and (iii) for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment or category or categories of employees in such employment in the whole State or part thereof";

    (2) To sub-section (1-A), the following provisos shall be added, namely :—

    "Provided that, where for any reason the State Government has not fixed the minimum rates of wages in respect of any scheduled employment within the period specified in this sub-section, the State Government may, by notification, extend from time to time, the said period by a further period not exceeding one year in the aggregate:

    Provided further that the State Government may, instead of fixing minimum rates of wages under this sub-section for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment or category or categories of employees in such employment in the whole State or part thereof."

    (3) After sub-section (1-A), the following sub-section shall be inserted, namely :—

    "(1-B) Notwithstanding anything contained in sub-section (1) the State Government may, at the time of review under clause (b) of that sub-section,—

    (a)  split up the class or classes of such employment or category or categories of employees in such employment or amalgamate the class or classes of such employment or category or categories of employees in such employment and revise the minimum rates of wages fixed in respect there of under sub-section (1);

    (b)  fix the minimum rates of wages for the class or classes of such employment or category or categories of employees in such employment as were not in existence at the time of fixing the minimum rates under sub-section (1) or were in existence but were not covered by such fixation;

    (c)  fix the minimum rates of wages, mentioned under clause (a) or clause (b), for the whole State or for any such part thereof for which they were not fixed under sub-section (1) or extend the minimum rates fixed under sub-section (1) for any part of the State, to the whole State or any other part thereof.".

    4. Amendment of Section 9.—In Section 9 of the Principal Act—

    (1) After the words "and independent persons", the words "including officers of Government" shall be inserted;

    (2) for the words "such independent persons" the words "such independent persons or such officers of Government" shall be substituted; and

    (3) the following proviso and the Explanation shall be inserted, namely :—

    "Provided that the number of officers of Government shall not exceed two.

    Explanation.—In this section—

    (i) 'a person representing employer' shall mean—

    (a) an employer ; or

    (b) an officer of an association of employers; or

    (c) an officer of a federation of association of employers to which the association referred to in clause (b) is affiliated;

    (ii) 'a person representing employees' shall mean—

    (a)  an employee; or

    (b)  an officer of a trade union functioning in the scheduled employment; or

    (c) an officer of a federation of trade unions in the State to which the trade union referred to in clause (b) is affiliated."

    5.  Insertion of new Section 9-A.—After Section 9 of the Principal Act, the following shall be inserted, namely :—

    "9-A. Finality of Orders constituting Board, Committee, sub-committee, etc.—No order of the State Government nominating any person as a Chairman or a member of the Advisory Board or a committee or sub-committee shall be called in question in any manner and no act or proceeding in any manner in any court of law on the grounds merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, committee or sub-committee."

    6. Amendment of Section 12.—In Section 12 of the Principal Act, after sub-section (1), the following sub-section shall be inserted, namely :—

    "(1-A) Where immediately before the issue of a notification under Section 5 fixing or revising the minimum rates of wages in respect of any scheduled employment, wages at a rate higher than the rate so fixed or revised, were payable under this Act, or under any law in force, then, notwithstanding anything contained in this Act, wages at such higher rate shall be payable to the employees in such scheduled employment and the wages so payable shall be deemed to be the minimum wages for the purposes of this Act."

    7. Amendment of Section 14.—In Section 14 of the Principal Act after sub-section (I) the following sub-section shall be inserted, namely ;—

    "(1-A) The State Government may, by notification, fix the limit for overtime work in any scheduled employment subject to such conditions and restrictions as may be specified in the notification."

    8. Amendment of Section 16.—In Section 16 of the Principal Act, for the words "in respect of the tune respectively occupied in each class of work, wages at not less than the minimum rate in respect of each such class" the words "wages at the highest of the rates prescribed for such class" shall be substituted.

    9. Amendment of Section 18.—In Section 18 of the Principal Act, after sub-section (3) the following sub-section shall be inserted, namely :

    "(4) Every employer shall, in such scheduled employments as the State Government may, by notification, specify in this behalf, display a notice of period of work including overtime in respect of all or any of his employees in such manner as may be prescribed."

    10. Insertion of new Section 18-A.—After Section 18 of the Principal Act, the following section shall be inserted, namely :—

    "18-A. Chief Inspector.—The State Government may, by notification, appoint any person to be the Chief Inspector who shall exercise such powers and perform such duties throughout the State as may be prescribed."

    11. Amendment of Section 19.—In Section 19 of the Principal Act—

    (1)  In sub-section (1), for the words "and define the local limits within which they shall exercise their functions" the words "specify the areas within which they shall exercise their respective jurisdictions" shall be substituted;

    (2) In sub-section (2)—

    (a)  for the words "local limits for which he is appointed" the words "areas of his jurisdiction" shall be substituted;

    (b)  in clause (a), after the words "other public authority" the words "or such person representing employers or such person representing employees" shall be inserted ; and

    (c) after clause (e) the following Explanation shall be inserted, namely :— "Explanation.—For the purpose of clause (a), the expressions 'a person representing employer' and 'a person representing employees' shall have the meanings assigned to those expressions in Section 9.".

    12. Amendment of Section 20.—In Section 20 of the Principal Act—

    (i) in the provisos to sub-section (2), for the words "six months" occurring twice, the words, "one year" shall be substituted, and

    (ii) to sub-section (4) the following shall be added, namely :—

    "Provided that nothing in this sub-section shall apply to any application filed by an Inspector under sub-section (2)."

    13. Amendment of Section 22-B.—In Section 22-B of the Principal Act—

    (i) in clause (2) of sub-section (1), for the words and figures "unless an application in respect of the facts constituting such offence has been presented under Section 20" the words and figures "unless a claim under Section 20 has been preferred before the Authority" shall be substituted; and

    (ii) in sub-section (2) in clause (a) , for the words "one month" the words "three months" shall be substituted.

    14. Amendment of Section 22-F.—In Section 22-F of the Principal Act in sub-section (2) for the words "local limits" the words "area" shall be substituted.

    15. Insertion of new Section 22-G.—After Section 22-F of the Principal Act, the following section shall be inserted, namely—

    "22-G. Registration of certain scheduled employment.—(1) Every employer shall in such scheduled employments as the State Government may, by notification, specify in this behalf, get his establishment registered in such manner and on payment of such fees as may be specified in this notification.

    (2) Nothing in sub-section (1) shall apply to such establishment to which the provisions of the Factories Act, 1948 (63 of 1948) or the Madhya Pradesh Shops and Establishments Act, 1958 (25 of 1958) apply."

    16. Amendment of Section 26.—In Section 26 of the Principal Act, after sub-section (2-A), the following sub-section shall be inserted, namely :—

    "(2-AA) Where the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification and subject to such conditions, if any, as may be specified therein direct that all or any of the provisions of this Act shall not apply in relation to all or any class of employers in any scheduled employment.".

    17. Amendment of Section 27.—For Section 27 of the Principal Act, Government after giving, by notification, not less than three months' notice of its intention so to do, may by like notification,—

    (a)  add to either part of the Schedule, any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act;

    (b)  modify or rescind any entry in either part of the Schedule;

    and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.

    18. Insertion of new Sections 27-A and 27-B.—After Section 27 of the Principal Act, the following sections shall be inserted, namely :—

    "27-A. Protection to persons acting under the Act.—No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything which is in good faith done or intended to be done under this Act.

    27-B. Delegation of power.—(1) The State Government may by order, direct that any power other than the power exercisable by it under Sections 27 and 30, shall in such circumstances and in such manner, if any, as may be specified in the direction, be exercised by any officer not below the rank of Assistant Commissioner of Labour or authority subordinate to it.

    (2) Nothing in the Act shall derogate from the right of the State Government to exercise any power delegated to any office or authority subordinate to it."

    19. Insertion of new Section 30-A.—After Section 30 of the Principal Act, the following section shall be inserted, namely :—

    "30-A. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulties.".

    20. Insertion of new Section 31-A.—After Section 31 of the Principal Act, the following section shall be inserted, namely ;—

    "31-A. Validation of certain minimum rates of wages.—(1) The rates of minimum wages fixed or revised in respect of employment Nos. 2, 3, 5, 6, 7, 8 and 11 in Part I of the Schedule to the Principal Act, under the Government of Madhya Pradesh, Labour Department, Notification Nos. 306 to 309-XVI-58, dated the 30th December, 1958, shall be and shall always be deemed to have been validly fixed or revised and shall be deemed to have come into force on the date mentioned in the said notification, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the Advisory Board under Section 7 of the Principal Act, read with Section 9 thereof or publication of the notification in the Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with the provisions of the Principal Act.

    (2) The rates of minimum wages fixed or revised in respect of employment specified in Part II of the Schedule to the Principal Act under the Government of Madhya Pradesh, Labour Department, Notification No. 7758-XVI, dated the 31st December, 1959, shall be and shall always be deemed to have been validly fixed or revised, notwithstanding any defect or irregularity in the constitution of the Committee under Section 5(1 )(a), of the Principal Act, read with Section 9 thereof, or publication of the notification in the Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with the provisions of the Principal Act:

    Provided that nothing contained in this section shall extend or be construed to extend to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during the period between the dates on which the aforesaid notification came into force and the date on which this Act comes into force, an amount which is less than the minimum rates of wages or less than the rates of wages immediately prevailing before the said notifications or by reason of non-compliance during the period aforesaid with any order or rule issued under Section 13 of the Principal Act.". 21. Renumbering of certain sections.—(a) Section 11 of the Principal Act shall be renumbered

     21. Renumbering   of certain   sections.--(a) Section  11 of  the Principal Act shall be  renumbered as Section 4-A.

    (b) Section 18-A of the Principal Act shall be renumbered as Section 22-CC.

    (c) Section 22-D of the Principal Act shall be renumbered as Section 23, and Section 23 of the

    Principal Act shall be renumbered as Section 22-D.

    The Madhya Pradesh Minimum Wages Fixation  Act, 1962

    (MADHYA PRADESH ACT 16 OF 1962)

    [Received the assent of the President on 4th August, 1962 and published in the Madhya Pradesh Gazette (Extraordinary), dated 5th August, 1962]

    An Act to fix the minimum rates of wages in certain scheduled employments and to provide for certain other matters connected therewith

    Be it enacted by the Madhya Pradesh Legislature in the Thirteenth Year of the Republic of India as follows :—

    1. Short title.--This Act my be  called  the Madhya  Pradesh. Minimum Wages Fixation Act, 1962.

    2.  Definition.—The expressions used in this Act and defined in the Minimum Wages Act, 1948 (11 of 1948), in its application to the State of Madhya Pradesh shall have the meanings assigned to them in the said Act.

    3. Fixation of minimum wages in respect of certain scheduled employments.—Notwithstanding anything contained in Section 5 of the Minimum Wages Act, 1948 (11 of 1948), in its application to the State of Madhya Pradesh (hereinafter referred to as the said Act) or any other provision contained therein relating to the fixation or revision of minimum rates of wages in scheduled employment and any judgment, decree, or order of any Court to the contrary the minimum rates of wages in respect of employments in Items 2, 3, 5, 6, 7, 8 and 11 in Part 1 and in respect of employment in Part 11 of the Schedule to the said Act shall be and shall always, in respect of each such employment, be deemed to be as specified in Table appended hereto and it is hereby enacted that the said minimum rates of wages shall be payable by the employer in the said scheduled employments and be enforceable against him with effect from the 1st January, 1959, as if the provisions herein contained have been in force at all material times.

    4. Certain provisions of Minimum Wages Act, 1948 as in force in the State to apply to rates specified in Section 3.—The provisions of Section 4-A, Section 5, in so far as they relate to revision of minimum rates of wages, and of Sections 12 to 30-A of the said Act and the rules made thereundei shall apply to minimum rates of wages specified in Section 3 as they apply to minimum rates of wages in respect of scheduled employment fixed in accordance with the said Act :

    Provided that with respect to claims arising out of payment of minimum rates of wages specified in Section 3 pertaining to a period prior to the publication of the Madhya Pradesh Minimum Wages Fixation Ordinance, 1962 (4 of 1962) in the Gazette, the period of one year referred to in the first proviso to sub-section (2) of Section 20 of the said Act shall be counted with effect from the 21st June, 1962, the date of publication of the said ordinance in the Gazette.

    5. Repeal.—The Madhya Pradesh Minimum Wages Fixation Ordinance, 1962 (4 of 1962) is hereby repealed.

    TABLE

    (See Section 3)

    Rates of Minimum Wages

    [Publisher : The rates having become outdated have with therefore not been published. See the latest

    rates in the MP. Gazette.]

    The Minimum Wages (Madhya Pradesh Amendment) Act, 1976

    [MADHYA PRADESH ACT 36 OF 1976]2

    (Received the assent of the President on 1st July, 1976)

    An Act further to amend the Minimum Wages Act, 1948, in its application to the State of Madhya Pradesh

    Be it enacted by the Madhya Pradesh Legislature in the Twenty-seventh Year of the Republic of India as follows :—

    Prefatory Note—Statement of Objects and Reasons.—(1) The officers who can be empowered to decide minimum wages claims under Section 20 of the Minimum Wages Act, 1948, do not include a revenue officer. It has been found necessary to include a revenue officer to facilitate filing of claim cases of minimum wages by rural population concerned.

    (2) Hence this Bill.

    1. Short title.—This Act may be called the Minimum Wages (Madhya Pradesh Amendment) Act, 1976.

    2. Amendment of Central Act XI of 1948 in its application to the State of Madhya Pradesh.

    The Minimum Wages Act, 1948 (XI of 1948), (hereinafter referred to as the Principal Act), shall, in its application to the State of Madhya Pradesh, be amended in the manner hereinafter provided.

    3. Amendment of Section 20.—For sub-section (1) of Section 20 of the Principal Act, the following sub-section shall be substituted, namely :—

    "(1) The appropriate Government may, by notification in the Official Gazette, appoint any Commissioner for Workmen's Compensation or any officer of the Central Government excer-cising functions as a Labour Commissioner of any region or any officer of the State Government not below the rank of Labour Commissioner or any other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate or any Revenue Officer not below the rank of Naib-Tahsildar to be the Authority to hear and decide for any specified area all claims arising out of payment of less than minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 of wages at the overtime rate under Section 14, to employees employed or paid in that area."

    .

    .

    The Minimum Wages (Maharashtra Amendment) Act, 1960

    [MAHARASHTRA ACT 10 OF 1961]

    [15th February,1961]

    An Act further to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra Whereas it is expedient further to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra for the purposes hereinafter appearing;

    It is hereby enacted in the Eleventh Year of the Republic of India as follows :

    1. Short title.—This Act may be called the Minimum Wages (Maharashtra Amendment) Act, 1960.

    2. Amendment of Section 3 of Act XI of 1948.—In Section 3 of the Minimum Wages Act, 1948 (hereinafter referred to as "the Principal Act"),—

    (1) in clause (a) of sub-section (1),—

    (a) in sub-clause (i) the words, figures and letters "before the 31st day of December, 1959" shall be deleted; and the following proviso shall be added at the end, namely :

    "Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix rates for a part of the State, and in the case of an employment under any local authority the State Government may fix such rates for any specified local authority, or class of local authorities;

    (b) in sub-clause (ii) the words, figures and letters "before the 31st day of December, 1959" shall be deleted;

    (c) in sub-clause (iii), the following proviso shall be added at the end, namely :

    "Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State :

    Provided further that, where the State Government has not for any reason fixed the minimum rates of wages in respect of any such employment before the expiry of one year from the date of such notification, nothing contained in this sub-clause shall, after the commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."

    (2) to sub-section (1-A), the following proviso shall be added, namely :

    "Provided that, where the State Government has not for any reason fixed the minimum rates of wages in respect of any scheduled employement within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year.''

    3.  Insertion of Section 21-A in Act XI of 1948.—After Section 21 of the Principal Act, the following section shall be inserted, namely :—

    "21-A. Liability for payment of court-fee.—(1) In any proceedings under Section 20 the applicant shall not be liable to pay any court-fee (other than fees payable for service of process) in respect of such proceedings :

    Provided that, when the application is presented by an Inspector, he shall not be liable to pay the process fees also.

    (2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1), and direct the employer or other person responsible for the payment of wages under Section 12 to pay the amount to the State Government. The amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue."

    4.  Amendment of Section 22-B of Act XI of 1948.—In Section 22-B of the Principal Act, in sub-section (2), clause (b), the following shall be substituted, namely:—

    "(b) under Section 22-A, unless the complaint thereof is made within six months of the date on which the offence becomes known to the inspector."

    5. Amendment of Schedule to Act XI of 1948.—(1) In the Schedule to the Principal Act, in Part I, the following entries shall be deleted, namely—

    (a) the entries :

    (i) "Employment in salt-pan industry", (ii) "Employment in any residential hotel, restaurant or eating house as defined in the Bombay

    Shops and Establishments Act, 1948",

    (iii) "Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work, or work incidental to such process or book-binding is carried on", and

    (vi) "Employment in any cotton ginning or cotton pressing manufactory", as added to the said Schedule in its application to the Bombay area of the State of Maharashtra;

    (b) the entries—

    (i) "13. Employment in glass industry",

     (ii) "14. Employment in oil mills",

    (iii) "15. Employment in transport services",.

    (vi) "16. Employment in cement industry",

    (v) "17. Employment in potteries",

    (vi) "18. Employment in any cotton ginning and pressing factory", and

    (vii) "19. Employment in any printing press", as added to the said Schedule in its application to the Vidarbha Region of the State;

    (c) the entries—

    (i) "13. The employment in button factories", and

     (ii) "the employment in the cotton ginning and pressing factories",

     as added to the Schedule in its application to the Hyderabad area of the State; and

    (d) the entry—

    "Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.

    Explanation.—For the purposes of this entry, the expressions shop' and 'commercial establishment' shall have the same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948." as added to the said Schedule in its application to the State of Maharashtra.

    (2)  In Part I of the Schedule to the Principal Act, after Entry 12, the following entries shall be deemed always to have been added to the said Part in its application to the State of Maharashtra, namely :—

    "13. Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948.

    14. Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such processes or book-binding is carried on.

    15.  Employment in any cotton ginning, cotton pressing manufactory.

    16.  Employment in glass industry.

    17. Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.

    Explanation.—For the purposes of this entry, the expressions 'shop' and 'commercial establishment' shall have the meanings respectively assigned to them in the Bombay Shops and Establishments Act, 1948.

    18.  Employment in potteries.".

    (3)  The deletion in pursuance of sub-section (1), of any entry specified in sub-clause (ii), (iii) or (iv) of clause (a), sub-clause (i), (ii), (iii), (v), (vi) or (vii) of clause (b), sub-clause (ii) of clause (c), or clause (d) of sub-section (1) shall not affect any minimum rates of wages which may have been fixed in respect of any employment specified in such entry under sub-clause (iii) of clause (a), sub-section (1) of Section 3 of the Principal Act before the commencement of this Act and in force in any area immediately before such commencement; and such rates shall, subject to the provisions of clause (b) of sub-section (1) of the said Section 3, continue in force in such area as if they had been fixed in respect of the corresponding employment specified in the Schedule to the Principal Act as amended by this section.

    The Minimum Wages (Maharashtra Amendment)  Act, 1962

    [MAHARASHTRA ACT 3 OF 1963]3

    {Received the assent of the President on January 14, 1963]

    An Act to amend the Minimum Wages Act. 1948, in its application to the State of Maharashtra Whereas, it is expedient to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra, for the purposes hereinafter appearing;

    It is hereby enacted in the Thirteenth Year of the Republic of India as follows :

    1. Short title.—This Act may be called the Minimum Wages (Maharashtra Amendment) Act, 1962.

    2. Amendment of Section 2 of Act XI of 1948.—In Section 2 of the Minimum Wages Act, 1948 (hereinafter referred to as the "Principal Act"), in clause (/), for the words "and management of that other person", the words "and management of that other person; and includes for the purposes of Sections 20, 21, 22, 22-A, 22-B, 22-C and 22-D any person who has been an employee and who has ceased to be so by reason of superannuation, retirement, dismissal, removal, discharge, termination of his service, or otherwise howsoever,"shall be substituted.

    3. Amendment of Section 3 of Act XI of 1948.—In Section 3 of the Principal Act, in sub-section (1), in clause (a), for the proviso the following shall be substituted, namely :—

    "Provided that, the State Government may, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employments in the whole of the State or any part thereof; and in the case of an employment under any local authority, the State Government may fix such rates for any specified local authority, or class of local authorities.

     4. Amendment of Section 13 of Act XI of 1948.—In Section 13 of the Principal Act,—

    (a) in sub-section (1), after clause (a), the following shall be inserted, namely :—

    "(a a) fix the number of hours of work which shall constitute a normal working week;"

    (b) in sub-section (3), after the words "the appropriate Government" the words "or by an officer not below the rank of a Deputy Commissioner of Labour especially authorised by the State Government in this behalf shall be inserted.

    5. Amendment of Section 18 of Act XI of 1948.—In Section 18 of the Principal Act, in sub-section (3), after the words "wage slips", at both the places where they occur, the words "and attendance cards"

    shall be inserted.

    6. Amendment of Section 20 of Act XI of 1948.—In Section 20 of the Principal Act, in sub-section (1), after the words "payment of less than the minimum rates of wages" the words, brackets and figures "or in respect of wages not paid within the time prescribed under sub-section (1) of Section 12" shall be inserted.

    7. Amendment of Section 22 of Act XI of 1948.—In Section 22 of the Principal Act, in clause (a), after the words "provisions of this Act" the following shall be inserted, namely :—

    "or fails to pay the wages within the time prescribed under sub-section (1) of Section 12."

    8. Insertion of new Section 22-IA in Act XI of 1948.—After Section 22 of the Principal Act, the following new section shall be inserted, namely :—

    "22-IA. Penalty for obstructing Inspector.—Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers, records or other documents in his custody kept in pursuance of this Act, and which he is required to produce by or under this Act shall, on conviction, be punished with fine which may extend to five hundred rupees.".

    9. Amendment of Section 26 of Act XI of 1948.—In Section 26 of the Principal Act, to sub-section (2-A) the following proviso shall be added, namely :

    "Provided that, the powers of the State Government under this sub-section may, subject to the control of the State Government, be exercised by the Commissioner of Labour."

    10.  Amendment of Section 30 of Act XI of 1948.—In Section 30 of the Principal Act, in subsection (2)—

    (1) in clause (g), for the words "a normal working day" the words "a normal working day or week" shall be substituted;

    (2)  in clause (j), for the words "and wage slips" at both the places where they occur, the words "or wage slips and attendance cards" shall be substituted.

    11. Amendment of Schedule to Act XI of 1948.In the Schedule to the Principal Act. in Part I, in Entry 17, for the words "other than that covered" the words "not being an employment in any bank or an employment which is included", shall be substituted.

    The Minimum Wages (Maharashtra Amendment) Act, 1975

    [MAHARASHTRA ACT 25 OF 1976]

    [First published, after having received the assent of the President, in the "Maharashtra Government

    Gazette" on the J2th July. J976]

    An Act further to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra

    Whereas it is expedient further to amend the Minimum Wages Act, 1948 (11 of 1948), in its application to the State of Maharashtra, for the purpose hereinafter appearing ;

    It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows, namely :—

    1. Short title and commencement.—(1) This Act may be called the Minimum Wages (Maharashtra Amendment) Act, 1975.

    (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

    2.  Amendment of Section 20 of Act XI of 1948.—In Section 20 of the Minimum Wages Act, 1948 (11 of 1948), in its application to the State of Maharashtra, to sub-section (1), the following proviso shall be added, namely :

    "Provided that the State Government may, by notification in the Official Gazette, appoint any Block Development Officer, Tahsildar, Additional Tahsildar or Naib-Tahsildar to be the Authority to hear and decide for any area specified in the notification all such claims of employees employed or paid in employment in agriculture in the area so specified.

    Explanation.— For the purposes of this proviso, the expression "Block Development Officer" has the meaning assigned to it in the Maharashtra Zila Parishads and Panchayat Samitis Act, 1961 (Mah. 5 of 1962)."

    .The Minimum Wages (Manipur Amendment)  Act, 1992

    [MANIPUR ACT 5 OF 1993]4

    (Received the assent of the President on 6th April, J 993 Act)

    An Act to amend the Minimum Wages Act, 1948 (Act 21 of 1948)

    Be it enacted by the Legislature of Manipur in the Forty-third year of the Republic of India as follows :—

    1. Short title and commencement.—(1) This Act may be called the Minimum Wages (Manipur Amendment) Act, 1992.

    (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

    2. Insertion of Section 22-CC—In the Minimum Wages Act, 1948 (21 of 1948), below Section 22-C, the following section shall be inserted, namely :—

    "22-CC. Compounding of offences.—An officer specially empowered by the State Government in this behalf by notification in the Official Gazette may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only committed for the first time either before or after the institution of the prosecution on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and where the offence is so compounded—

    (i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ;

    (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender."

    The Minimum Wages (Rajasthan Amendment and Validation) Act, 1969

    [RAJASTHAN ACT 4 OF 1969]

    [Received the assent of the President on the 3rd day of April, 1969]

    An Act to amend the Minimum Wages Act, 1948, in its application to the State of Rajasthan and to validate fixation and revision of minimum wages in certain scheduled employments

    Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic of India asfollows :—

    1. Short title.—This Act may be called the Minimum Wages (Rajasthan Amendment and Validation)

    Act, 1969.

    2. Amendment of Section 9, Central Act 11 of 1948.—To Section 9 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), hereinafter referred to as the Principal Act, the following explanation shall be added and shall be deemed always to have been added, namely :—

    "Explanation.—For the purposes of this section, an officer of the State Government shall be deemed to be 'independent' notwithstanding that the State Government is an employer in any scheduled employment.".

    3.  Insertion of new Section 9-A in Central Act 11 of 1948.—After Section 9 of the principal Act, the following new section shall be inserted, namely :—

    "9-A. Finality of orders constituting Board. Committee, Sub-Committee, etc.—No order of the State Government nominating any person as Chairman or a Member of the Advisory Board or a Committee or Sub-Committee shall be called in question in any manner and no action or proceedings before any Board, Committee or Sub-Committee shall be called in question in any manner in any Court of law on the ground merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, Committee or Sub-Committee.".

    4.  Insertion of new Section 31-A in Central Act 11 of 1948.—After Section 31 of the Principal Act, the following section shall be inserted, namely :—

    "31-A. Validation of certain minimum rates of wages.—The rates of minimum wages fixed or revised before the commencement of the Minimum Wages (Rajasthan Amendment and Validation) Ordinance, 1968 in respect of employment Nos. 1, 2, 3, 5, 6, 7, 8, 10, II. 13, 14, 16, 17 in Part I of the Schedule to the Act and employment in agriculture in Part II of the Schedule to the Act shall be and shall be deemed always to have been validly fixed or revised, as the case may be, and shall be deemed to have come into force on the date such fixation or revision has been brought into force by the State Government by a notification in the Official Gazette, notwithstanidng any judicial decision to the contrary or any defect or irregularity in the constitution of the Committee or the Sub-Committee, or the Advisory Board under Section 5 or Section 7 of the Act read with Section 9 thereof or publication of the notification in the Official Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with the provisions of the Act."

    5.  Repeal and saving.—(I) The Minimum Wages (Rajasthan Amendment and Validation) Ordinance, 1968 (Rajasthan Ordinance 4 of 1968) is hereby repealed.

    (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

    Wage Laws (Rajasthan Amendment) Act, 1976

    [RAJASTHAN ACT II OF 1976]5

    [Received the assent of the President on 10th February. 1976]

    An Act to amend the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948, in their application to the State of Rajasthan

    Be it enacted by the Rajasthan State Legislature in the Twenty-seventh Year of the Republic of India as follows :

    Prefatory Note—Statement of Objects and Reasons.—Experience gained from the working of these Acts in rural areas has brought to light difficulties in their implementation due to shortage of field staff of the Labour Department in rural areas. One of the several measures taken to implement the 21-point economic programme announced by the Prime Minister is to prevent exploitation of the agriculture labourers and accordingly it is considered expedient to amend these Acts in their application to this State to invest the Vikas Adhikaris with the authority to decide claims for payment of wages or minimum wages etc., under these Acts, so as to ensure effective implementation of these social welfare measures in rural areas as well.

    1. Short title, extent and commenement.—(1) This Act may be called the Wage Laws (Rajasthan Amendment) Act, 1976.

    (2) It shall extend to the whole of the State of Rajasthan.

    (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

    2.   * * *

    3. Amendment of Section 20, Central Act 11 of 1948.—In the Minimum Wages Act, 1948 (Central Act II of 1948), in its application to the State of Rajasthan, in Section 20, in sub-section (1), after the expression "Labour Commissioner", the expression "or a Vikas Adhikari appointed under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959)" shall be inserted.

    4. Repeal and savings.—(1) The Wage Laws (Rajasthan Amendment) Ordinance, 1975, is hereby repealed.

    (2) Notwithstanding such repeal, all things done and action taken under the Payment of Wages Act, 1936 (Central Act 4 of 1936), and the Minimum Wages Act, 1948 (Central Act 11 of 1948), as amended by this Ordinance, in their application to the State of Rajasthan, shall be deemed to have been taken under the said Acts as amended by this Act.

    The Minimum Wages (Tamil Nadu Amendment)  Act, 1981

    [TAMIL NADU ACT 47 OF 1981]

    (Tamil Nadu Govt. Gaz., Entry No. 276. dt. 10-8-1981, Pt. IV. S. 2, p. 525)

    [Received the assent of the President on the 5th August, 1981]

    An Act further to amend the Minimum Wages Act, 1948, in its application to the State of Tamil Nadu

    Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-second Year of the Republic of India as follows :—

    1. Short title, extent and commencement.—(1) This Act may be called the Minimum Wages (Tamil Nadu Amendment) Act, 1981.

    (2)  It extends to the whole of the State of Tamil Nadu.

    (3) It shall come into force on such date as the State Government may, by notification appoint.

    2. Insertion of new Section 9-A, Central Act XI of 1948.—In the Minimum Wages Act, 1948, after Section 9, the following section shall be inserted, namely :—

    "9-A. Saving.—No order of the State Government nominating any person as the Chairman or a member of the Advisory Board or a Committee or sub-committee shall be called in question in any manner and no act or proceeding before any Board, Committee or sub-committee shall be called in question in any manner in any Court of law on the ground merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, Committee or sub-committee."

    The Minimum Wages (U.P. Amendment) Act, 1960

    [UTTAR PRADESH ACT 22 OF I960]6

    An Act to amend the Minimum Wages Act, 1948. in its application to
    Uttar Pradesh for certain purposes

    Whereas it is expedient to amend the Minimum Wages Act, 1948, in its application to Uttar Pradesh for the purposes hereinafter appearing;

    It is hereby enacted in the Eleventh Year of the Republic of India as follows :

    1. Short title and commencement.—(1) This Act may be called the Minimum Wages (U.P. Amendment) Act, 1960.

    (2) This Act shall be deemed to have come into force from the first day of January, 1960.

    2.  In sub-clauses (i) and (ii) of clause (a) of sub-section (1) of Section 3 of the Minimum Wages Act, 1948, in its application to Uttar Pradesh for the figure "1959" wherever occurring the figure "1960" shall be substituted.

    The Uttar Pradesh Criminal Law (Composition of Offences

     and Abatement of Trials) (Amendment) Act, 19797

    [UTTAR PRADESH ACT 35 OF 1979]

    (As passed by the Uttar Pradesh legislature)

    An Act further to amend the Motor Vehicles Act, 1939, the Minimum Wages Act, 1948, the Factories

    Act, 1948. the Police Act, 1861 and the Public Gambling Act, 1967 [in their application to Uttar

    Pradesh) and the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959. and the Uttar Pradesh

    Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 with a view to provide for the composition

    of certain offences and abatement of certain criminal trials.

    It is hereby enacted in the Thirtieth Year of the Republic of India as follows :—

    1. Short title and extent.—(1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979.

    (2) It shall extend to the whole of Uttar Pradesh.

    3. Insertion of new Section 22-CC in Act 11 of 1948.—In the Minimum Wages Act, 1948, after Section 22-C, the following section shall be inserted namely :—

    "22-CC. Compounding of Offences.—An officer specially empowered by the State Government in this behalf by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine for the offence; and where the offence is so compounded—

    (i) before the institution of the prosecution the offender shall not be liable to prosecution forasmuch offence and shall, if in custody, be set at liberty;

     (ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender.".

    The Minimum Wages (Central) Rules, 1950

    S.R.O. 776, dt. 14th Oct., 1950.—In exercise of the powers conferred by Section 30 of the Minimum Wages Act, 1948 (XI of 1948). the Central Government is pleased to make the following rules, the same having been previously published as required by the said section, namely :

    CHAPTER I
     PRELIMINARY

    1.  Short title and extent—These rules may be called the Minimum Wages (Central) Rules, 1950.

    2.  Interpretation.—In these rules, unless the context otherwise requires—

    (a)  "Act" means the Minimum Wages Act, 1948;

    (b)  "advisory committee" means an advisory committee appointed under Section 6 and includes an advisory sub-committee appointed under that section;

    (c)  "Authority" means the authority appointed under sub-section (1) of Section 20;

    (d)  "Board" means the Advisory Board appointed under Section 7;

    (e)  "Chairman" means the Chairman of the Advisory Board, the Committee or the Advisory Committee, as the case may be, appointed under Section 9;

    (f) "committee" means a Committee appointed under clause (a) of sub-section (1) of Section 5 and includes a sub-committee appointed under that section;

    (ff) "day" means a period of twenty-four hours beginning at midnight;

     (g) "form" means a form appended to these rules;

    (h) "Inspector" means a person appointed as Inspector under Section 19

     (i) "registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926;

     (j') "section" means a section of the Act; and

    (k) all other words and expressions used herein and not defined shall have the meanings respectively assigned to them under the Act.

    CHAPTER II
    MEMBERS AND STAFF, AND MEETINGS OF THE BOARD, COMMITTEE
    AND ADVISORY COMMITTEE

    3. Term of office of the members of the Committee and the Advisory Committee.—The term of office of the members of the Committee or an Advisory Committee shall be such as in the opinion of the Central Government is necessary for completing the enquiry into the scheduled employment concerned and the Central Government may, at the time of the constitution of the Committee, or Advisory Committee, as the case may be, fix such terms and may, from time to time, extend it as circumstances may require.

    4. Term of office of members of the Board.—(1) Save as otherwise expressly provided in these rules the term of office of a non-official member of the Board, shall be two years commencing from the date of his nomination :

    Provided that such member shall, notwithstanding the expiry of the said period of two years continue to hold office until his successor is nominated..

    (2) A non-official member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

    (3) The official members of the Board shall hold office during the pleasure of the Central Government.

    4-A. Nomination of substitute members.—If a member is unable to attend a meeting of the Committee or the Board, the Central Government or the body which nominated him may, by notice in writing signed on its behalf and by such member and addressed to the Chairman of the said Committee or the Board, nominate a substitute in his place to attend that meeting. Such a substitute-member shall have all the rights of a member in respect of that meeting.

    5. Travelling allowance.—A non-official member of the Committee, an Advisory Committee or the Board shall be entitled to draw travelling and halting allowance for any journey performed by him in connection with his duties as such member at the rates and subject to the conditions applicable to a Government servant of the first class under the appropriate rules of the Central Government.

    6.  Staff.—(1) The Central Government may appoint a Secretary to the Committee, an Advisory Committee or the Board and such other staff as it may think necessary, and may fix the salaries and allowances payable to them and specify their conditions of service.

    (2) (i) The Secretary shall be the Chief Executive Officer of the Committee, the Advisory Committee or the Board, as the case may be. He may attend the meetings of such Committee, Advisory Committee or Board but shall not be entitled to vote at such meetings.

    (ii) The Secretary shall assist the Chairman in convening meetings and shall keep a record of the minutes of such meetings and shall take necessary measures to carry out the decisions of the Committee, the Advisory Committee or the Board, as the case may be.

    7. Eligibility for renomination of the members of the Committee, Advisory Committee and the Board.—An outgoing member shall be eligible for renomination for the membership of the Committee, Advisory Committee or the Board, of which he was a member.

    8.  Resignation of the Chairman and members of the Committee and the Board and filling of the casual vacancies.—(1) A member of the Committee or the Board, other than the Chairman, may, by giving notice in writing to the Chairman, resign his membership. The Chairman may resign by a letter addressed to the Central Government.

    (2)  A resignation shall take effect from the date of communication of its acceptance or on the expiry of 30 days from the date of resignation whichever is earlier.

    (3)  When a vacancy occurs or is likely to occur in the membership of the Committee or the Board, the Chairman shall submit a report to the Central Government immediately. The Central Government shall take steps to fill the vacancy.

    9. Cessation and restoration of membership.—(1) If a member of the Committee, Advisory Committee or the Board fails to attend three consecutive meetings, he shall, subject to the provisions of sub-rule (2), cease to be a member thereof.

    (2) A person, who ceases to be a member under sub-rule (1) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership, he may apply therefor within thirty days from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee, the Advisory Committee or the Board, as the case may be, and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate, the member shall be restored to membership immediately after a resolution to that effect is adopted.

    10.  Disqualification.—(1) A person shall be disqualified for being nominated as, and for being a member of the Committee, Advisory Committee or the Board, as the case may be—

    (i) if he is declared to be of unsound mind by a competent court; or

    (ii) if he is an undischarged insolvent; or

    (iii') if before or after the commencement of the Act, he has been convicted

    of an offence involving moral turpitude.

    (2) If any question arises whether a disqualification has been incurred undersub-rule (1), the decision of the Central Government thereon shall be final.

    11.  Meetings.—The Chairman may, subject to the provisions of Rule 12, call a meeting of the Committee, Advisory Committee or the Board, as the case may be, at any time he thinks fit :

    Provided that on a requisition in writing from not less than one half of the members, the Chairman shall call a meeting within fifteen days from the date of the receipt of such requisition.

    12.  Notice of meetings.—The Chairman shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member by registred post at least fifteen days before the date fixed for such meeting :

    Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.

    13.  Chairman.—(1) The Chairman shall preside at the meetings of the Committee, Advisory Committee or the Board, as the case may be.

    (2) In the absence of the Chairman at any meeting, the members shall elect from amongst themselves by a majority of votes, a member, who shall preside at such meeting.

    14.  Quorum.—No business shall be transacted at any meeting unless at least one-third of the members are present :

    Provided that if at any meeting less than one-third of the members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present:

    1[Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members by telegram or by a written communication.]

    15. Disposal of business.—All business shall be considered at a meeting of the Committee, Advisory Committee or the Board, as the case may be, and shall be decided by a majority of the votes of members present and voting. In the event of an equality of votes, the Chairman shall have a casting vote :

    Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members :

    Provided further that no decision on any matter under the preceding proviso shall be taken, unless supported by not less than a two-thirds majority of the members.

    16.  Method of voting.—Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.

    17.  Proceedings of the meetings.—The proceedings of each meeting showing inter alia the names of the members present thereat shall be forwarded to each member and to the Central Government as soon after the meeting as possible, and in any case, not less than seven days before the next meeting.

    (2) The proceedings of each meeting shall be confirmed with such modifications, if any, as may be considered necessary at the next meeting.

    CHAPTER III
    SUMMONING OF WITNESSES BY THE COMMITTEE, ADVISORY
    COMMITTEE AND THE BOARD AND PRODUCTION OF DOCUMENTS

    18. Summoning of witnesses and production of documents.—(1) A Committee, Advisory Committee or the Board may summon any person to appear as a witness in the course of an enquiry. Such summons may require a witness to appear before it on a date specified therein and to produce any books, papers or other documents and things in his possession or under his control relating in any manner to the enquiry

    (2)  A summons under sub-rule (1) may be addressed to an individual or an organisation of employers or a registered trade union of workers.

    (3)  A summons under this rule may be served—

    (i) in the case of an individual, by being delivered or sent to him by registered post;

    (ii) in the case of an employers' organisation or a registered trade union of workers, by being delivered or sent by registered post to the secretary or other principal officer of the organisation or union, as the case may be.

    (4)  The provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to the summoning and enforcement of the appearance of witnesses and the production of documents shall, so far as may be, apply to proceedings before a Committee, Advisory Committee or the Board.

    2[(5) All books, papers and other documents or things produced before a Committee, or the Board in pursuance of a summons issued under sub-rule (1) may be inspected by the Chairman and independent members, and also by such parties as the Chairman may allow with the consent of the other party, but the information so obtained shall be treated as 'confidential' and the same shall be made public only with the consent in writing of the party concerned :

    Provided that nothing contained in this rule shall apply to the disclosure of any such information for the purposes of a prosecution under Section 193 of the Indian Penal Code (45 of I860).]

    19. Expenses of witnesses.—Every person who is summoned and appears as a witness before the Committee, the Advisory Committee or the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in Civil Courts in the State.

    CHAPTER IV
    COMPUTATION OF PAYMENT OF WAGES, HOURS OF
    WORK
    AND HOLIDAYS

    20.  Mode of computation of the cash value of wages.—The retail prices at the nearest market shall be taken into account in computing the cash value of wages paid in kind and of essential commodities supplied at concessional rates. This computation shall be made in accordance with such directions as may be issued by the Central Government from time to time.

    21. Time and conditions of payment of wages and the deduction permissible from wages.—(1) (i) [The wages of a worker in any scheduled employment]3 shall be paid on a working day,—

    (a)  in the case of establishment for which less than one thousand persons are employed, before the expiry of the seventh day, and

    (b) in the case of other establishments before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable.

    (ii) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.

    (iii) The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.

    Explanation.—(1) Every payment made by the employed person to the employer or his agent shall, for the purposes of these rules, be deemed to be a deduction from wages.

    (2) Deductions from the wages of a person employed in a scheduled employment shall be of one or more of the following kinds, namely—

    (i) fines in respect of such acts and omissions on the part of employed persons as may be specified by the Central Government by general or special order in this behalf;

    (ii) deductions for absence from duty;

    (iii) deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;

    (iv) deductions for house accommodation supplied by the employer;

    (v) deductions for such amenities and services supplied by the employer as the Central Government may, by general or special order, authorise;

    Explanation.—The words "amenities and services' in this clause do not include the supply of tools and protectives required for the purposes of employment;

    (vi) deductions for recovery of advances or for adjustment of overpayments of wages :

    Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and, in no case, shall the monthly instalment of deduction exceed one-fourth of the wages earned in that month;

    (vii) deductions of income-tax payable by the employed person;

    (viii) deductions required to be made by order of a court or other competent authority;

    (ix) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Funds Act, 1952 (19 of 1952), applies or any recognised provident fund as defined in Section 58-A of the Indian Income-tax Act, 1922 (11 of 1922), or any provident fund approved in this behalf by the Central Government during the continuance of such approval;

     (x) deductions for payment to Co-operative Societies 4[or deductions for recovery of loans advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the Central Government] or deductions made with the written authorisation of the person employed, for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (31 of 1956);

     (xi) deductions for recovery or adjustment of amounts, other than wages paid to the employed person in error in excess of what is due to him; 5[(xii) deductions made with the written authorisation of the employed persons (which may be given once generally and not necessarily every time a deduction is made), for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government;]

     6[(xiii) deductions made with the written authorisation of the employed person for contributions to the National Defence Fund or the Prime Minister's National Relief Fund or to any Defence Savings Scheme approved by the Central Government or to such other Fund as the Central Government may, by notification in the Official Gazette, specify in this behalf;]

    7[(xiv) deductions for recovery of loans granted for house building or other purposes approved by the Central Government, and for the interest due in respect of such loans, subject to any rules made or approved by the Central

    Government regulating the extent to which such loans may be granted and the rate of interest payable thereon] :

     Provided that prior approval of the Inspector or any other officer authorised by the Central Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions.

    8[(2-A) Notwithstanding anything contained in these rules, the total amount of deductions which may be made under sub-rule (2) in any wage period, from the wages of an employee shall not exceed—

    (i) 75 per cent of such wages in cases where such deductions are wholly or partly made for payments to Consumer Co-operative Stores run by any Co-operative Society under clause (x) of sub-rule (2); and

    (ii) 50 per cent of such wages in any other case :

    Provided that where the total amount of deductions which have to be made under sub-rule (2) in any wage period from the wages of any employee exceeds the limit specified in clause (7), or, as the case may be, clause (ii) of this sub-rule, the excess shall be carried forward and recovered from the wages of succeeding wage period or wage periods as the case may be, in such number of instalments as may be necessary.]

    (3) Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in repsect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.

    9[(4) The amount of fine or deduction for damage or loss mentioned in sub-rule (3) shall be subject to such limits as may be specified in this behalf by the Central Government. All such fines imposed and deductions made shall be recorded in the registers maintained in Forms I and II, respectively. These registers shall be kept at the workspot and maintained up-to-date. Where no fine or deduction has been imposed or made on or from any employee in a wage period, a 'nil' entry shall be made across the body of the relevant register at the end of the wage-period, indicating also in precise terms the wage period to which the 'nil' entry relates.]

    10[(4-A) Eveiy employer shall send annually a return in Form III "[* * *] so as to reach the Inspector not later than the 1st February following the end of the year to which it relates.]

    (5) The amount of fine imposed under sub-rule (3) shall be utilised only for such purposes beneficial to the employees as are approved by the Central Government.

    (6) Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

    22. Publicity to the minimum wage fixed under the Act.—Notices in Form IX-A containing the minimum rates of wages fixed together with [extracts of]12 the Act, the rules made thereunder and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment [at the main entrances to the establishment and at its office]13 and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice-boards of all sub-divisional and district offices.

    23. 14[Weekly day of rest.—(1) Subject to the provisions of this rule, an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the 'rest day') which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment :

    Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days :

    Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf.

    Explanation.— For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule—

    (a) any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work,

    (b)  any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947, [and]15

    16[(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day],

    shall be deemed to be days on which the employee has worked.

    (2) Any such employee shall not be required or allowed to work in a scheduled employment on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day :

    Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.

    (3)  Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.

    (4) An employee shall be granted for the rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day :

     Provided that where the minimum daily rate of wages of the employee as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty-six, or where the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, no wages for the rest day shall be payable, and in case the employee works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate; and if any dispute arises whether the daily rate of wages has been worked out as aforesaid, the Chief Labour Commissioner may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations :

    Provided further that in the case of an employee governed by a piece-rate scheme, the wages for the rest day, or, as the case may be, the rest day, and the substituted rest day, shall be such as the Central Government may, by notification in the Gazette of India, prescribe, having regard to the minimum rate of wages fixed under the Act, in respect of the scheduled employment.

    Explanation.— In this sub-rule 'next-preceding day' means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day. '

    (5)  The provisions of this rule shall apply to the employees in scheduled employments other than agricultural employment.

    (6)  The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to the more favourable terms aforesaid.

    Explanation.—For the purposes of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.]

    24. Number of hours of work which shall constitute a normal working day.—(1) The number of hours which shall constitute a normal working day shall be—

    (a)  in the case of an adult, 9 hours ;

    (b)  in the case of a child, 4 1/2 hours.

    (2) The working day of an adult worker shall be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on any day.

    (3)  The number of hours of work in the case of an adolescent shall be the same as that of an adult or a child accordingly as he is certified to work as an adult or a child by a competent medical practitioner approved by the Central Government.

    (4) The provisions of sub-rules (1) to (3) shall, in the case of workers in agricultural employment, be subject to such modifications as may, from time to time, be notified by the Central Government.

    (4-A) No child shall be employed or permitted to work for more than 4 1/2 hours on any day.

    (5) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).

    24-A. Night Shifts.—Where a worker in a scheduled employment works on a shift which extends beyond midnight—

    (a)  a holiday for the whole day for the purposes of Rule 23 shall in his case mean a period of twenty-four consecutive hours beginning from the time when his shift ends; and

    (b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such worker was engaged in work shall be counted towards the previous day.

    25.  Extra wages for overtime.—(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages,—

    (a)  in the case of employment in agriculture, at one and a half times the ordinary rate of wages;

    (b)  in the case of any other scheduled employment, at double the ordinary rate of wages.

    Explanation.—The expression "ordinary rate of wages" means the basic wage plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed of foodgrains and other articles as the person employed is for the time being entitled to but does not include a bonus.

    I7[(2) 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 workspot and maintained up-to-date. Where no overtime has been worked in any wage-period, a 'nil' entry shall be made across the body of the register at the end of the wage-period indicating also in precise terms the wage-period to which the 'nil' entry relates.]

    (3) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).

    26. Form of registers and records.l8[(l) A Register of Wages shall be maintained by every employer at the workspot in Form X.

    (2) A wage slip in Form XI shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages.]

    (3)  Every employer shall get the signature or the thumb-impression of every person employed on the Register of Wages and wage slip.

    (4)  Entries in the Register of Wages and wage slips shall be authenticated by the employer or any person authorised by him in this behalf.

    (5) A Muster Roll shall be maintained by every employer at the workspot and kept in Form V.

    (6) [* * *]19

    20[26-A. Preservation of registers.—A register required to be maintained under Rules 21(4), 25(2) and 26(1) [and the muster roll required to be maintained under Rule 26(5)]21 shall be preserved for a period of three years after the date of last entry made therein.]

    22[26-B. Production of registers and other records.—(1) All registers and records required to be maintained by an employer under these rules shall be produced on demand before the Inspector during the course of inspection of the establishment :

    Provided that the Inspection may, if it is necessary, demand the production of the registers and records in his office or such other public place as may be nearer to the employer.

    (2) Any infringement of the provisions of the Act or these rules noticed by the Inspector and communicated to the employer during the course of an inspection or otherwise shall be rectified by the employer and compliance report in respect thereof shall be submitted to the Inspector, on or before the date specified by him in this behalf.]

    23[26-C. Notwithstanding anything contained in these rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under these rules may be used with the previous approval of the 24lCentral Government].]

    CHAPTER V
    CLAIMS UNDER THE ACT

    25[27. Applications.—(1) An application under sub-section (2) of Section 20 or sub-section (1) of Section 21, by or on behalf of an employed person or group of employed persons shall be made in duplicate in Forms VI, VI-A or VII, as the case may be, one copy of which shall bear the prescribed court-fee.

    (2) A single application under Section 20, read with sub-section (1) of Section 21 may be presented on behalf or in respect of a group of employed persons, if they are borne on the same establishment and their claim relates to the same wage-period or periods.]

    28.  Authorisation.—The authorisation to act on behalf of an employed person or persons, under sub-section (2) of Section 20 or sub-section (1) of Section 21 shall be given in Form VIII by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.

    29. Appearance of parties.—(1) If an application under sub-section (2) of Section 20 or Section 21 is entertained, the Authority shall serve upon the employer by registered post a notice in Form IX to appear before him on a specified date with all relevant documents and witnesses, if any, and shall inform the applicant of the date as specified.

    (2)  If the employer or his representative fails to appear on the specified date, the Authority may hear and determine the application ex parte.

    (3)  If the applicant or his representative fails to appear on the specified date, the Authority may dismiss the application.

    (4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order, and the application shall then be reheard after service of notice on the opposite party of the date fixed for rehearing, in the manner specified in sub-rule (1).

    CHAPTER VI
     SCALE OF COSTS IN PROCEEDINGS UNDER THE ACT

    30. Costs.—(1) The Authority, for reasons to be recorded in writing, may direct that the cost of any proceeding pending before it shall not follow the event.

    (2) The costs which may be awarded shall include—

    (i) expenses incurred on account of court-fees;

     (ii) expenses incurred on subsistence money to witness; and

    (iii) pleader's fees to the extent of ten rupees provided that the Authority in any proceeding may reduce the fees to a sum not less than five rupees or for reasons to be recorded in writing increase it to a sum not exceeding twenty-five rupees.

    (3)  Where there are more than one pleaders or more than one applicants or opponents the Authority may, subject as aforesaid, award to the successful party or parties such costs as it may deem proper.

    31. Court-fees.—The court-fee payable in respect of proceedings under Section 20 shall be—

    (i) for every application to summon a witness—One rupee in respect of each witness;

     (ii) for every application made by or on behalf of an individual—One rupee;

    26[(iii) for every application made on behalf or in respect of a number of employees—One rupee per employee subject to a maximum of twenty rupees] :

     Provided that the Authority may, if in its opinion, the applicant is a pauper, exempt him wholly or partly from the payment of such fees :

    Provided further that no fee shall be chargeable—

    (a)  from persons employed in agriculture; or

    (b) in respect of an application made by an Inspector.

    27[CHAPTER VII
     MISCELLANEOUS

    28[32. Saving.—These rules shall not apply in relation to any scheduled employment in so far as there are in force rules applicable to such employment, which, in the opinion of the Central Government, make equally satisfactory provisions for the matters dealt with by these rules and such opinion shall be final.]]

     

    FORM I
    Register of Fines
    [Rule 21(4)]
    ................Employer.................
    Serial No. Name Father's/
    Husband's
    Name

    Sex

     Department Nature and date of the offence for which fine imposed Whether workman showed cause against     for not, if so enter date

    Rate of weges

    Date and amount of fine imposed

    Date on which fine realised

    Remarks

    1 2 3 4 5 6 7 8 9 10 11
     

     

                       
     

    FROM  II
    Register of deductions for damage  or loss caused to the employer, by the neglect  or default of the
    employed persons

    [Rule 2(4)]
    Employer

    Serial No.

    Name

    Father's/
    Husband's
    Name
     Sex

    Department

    Damage or loss caused with date whether worker showed cause against deduction, if so enter date  Date and amount of deduction imposed Number of instalment, if any Date on which total amount  realised Remarks
    1 2 3 4 5 6 7 8 9 10 11
     

     

                       

    1[F0RM III
    Annual Returns
    [Rule21(4-A)]

    Returns for the year ending the 31st December.................................

    I. (a) Name of the establishment and postal address..............................

    (b) Name and residential address of the Owner/Contractor...........................

    (c) Name and residential address of the Managing Agent/Director/Partner in charge of the day-to-day affairs of the establishment owned by a company, body corporate or Association...............

    2. Number of days worked durirg the year. .

    *3. Number of mandays worked during the year..        

    4. Average daily number of persons employed during the year:      

    (i) Adults    (ii)children

    5. Total wages paid in cash......................

    6. Total cash value of the wages paid in kind.

    7.  Deductions

    Number of cases  Total amount

    (a)   Fines Rs        P

    (b)    Deductions for damage or loss .

    (c)    Deductions for breach of  contrect .

     Disbursement from fines        

    purpose     Amount

    (a)   (c)         Rs p 

    (b)    (d)                    

    8.   Balance of fine fund in hand at the end of the year... ...............................

    Date....................  

    Signature................

    Designation...............

    * This is the aggregate number of attendance during the year.

    The average daily number of persons employed during the year is obtained by dividing the aggregate number of attendances during the year by the number of working days.

    Cash value of the wages paid in kind should be obtained by taking the difference between the cost price paid by the employer and the actual price paid by the employees for supplies of essential commodities given at concessional rates.]

    FORM IV
    Overtime Register for Workers
    [Rule 25(2)]
    Month ending.......
    19

    1 2 3 4 5 6 7 8
    Serial No. Name Father's/ Husband's Name Sex Designation and Department Dates on which overtime worked Extent of overtime on each occasion Total overtime worked or production in
    case of piece-workers
     

                 

     

    9 10 11 12 13 14 15
    Normal hours Normal rate Overtime rate Normal earnings Overtime earnings Total earnings Date on which overtime payment made
     

               

    FORM V
     
    Master Roll
     
    [Rule 26(5)]

    Name of Establishment...........................................Place..............................

    Serial No. Name Father's/ Husband's Name Sex Nature of work For the period ending Remarks
    1 2 3 4 5  
                Total attendance

     

     

    1[Form VI

    Form of Application by an Employee under Section 20(2)

     In the Court of the Authority appointed under the Minimum Wages Act, 1948, for........................

    area............

    Application No.......of 19 . . .

    (1).........Applicant

    a legal practitioner (through .............  an  official  of

    ............................................which is registered Trade Union)

    Address......

      versus

    (1)..........

    (2).........

    opponent(s)

    (3)........

    Address.

    The applicant above-named states as follows :

    (1)  The applicant was/has been employed from..........to..........as......................(category) in....................(establishment) of Shri/Messrs. . ...................engaged in..........(nature of work) which is a scheduled  employment within the meaning of Section 2(g)  of the Minimum  Wages Act.

    (2) The opponent(s) is/are the employer(s) within the meaning of Section 2(e) of Minimum Wages Act.

    (3)  2(a) The applicant has been paid wages at less than the minimum rate of wages fixed for his category of employment under the Act by Rs...........per day for the period from.........to ... .

    3(b) The applicant has not been paid wages at Rs...........per day for weekly days of rest

    from..........to..........;

    4(c) The applicant has not been paid wages at the overtime rate for the period from.....to . .

    (4) The applicant estimates the value of relief sought by him on each account as under

    (a)  Rs...........

    (b)  Rs...........

    (c)  Rs...........

    Total Rs.........................

    (5) The applicant, therefore, prays that a direction may be issued under Section 20(3) of the Act for—

     5(a) payment of the difference between the wages payable under the Minimum Wages Act and

    the wages actually paid;

     6(b) payment of remuneration for the days of rest;

    7(c) payment of wages at the overtime rates;

    8[(d) compensation amounting to Rs.......]

    (6) The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority.

    (7) The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information.

    Date...............      Signature or thumb-impression of the

    employed person or legal practitioner

        or official of a registered Trade

           Union duly authorised]

    FORM VI-A
    Form of Group Application under Section 21(1)

           In the Court of the Authority appointed under the Minimum Wages Act, 1948, for.......area.

    Application No.........................of 19.................

    Between A, B, C and (state the number)...................others;       Applicants;

    (through...............a legal practitioner/an official of...........which is a registered

    Trade Union).

    Address............

    and X, Y, Z.......................opposite party;

    Address..........................

    The applicants state as follows :

    (1) The applicants whose names appear in the attached Schedule were/have been employed from

    ...........to..............as............(categories) in...........(establishment)

    of Shri/Messrs.............engaged in............(nature of work) which is/are scheduled

    employment(s) within the meaning of Section 2(g) of the Minimum Wages Act.

    (2) The opponent(s) is/are employer(s) within the meaning of Section 2(e) of the Minimum Wages Act.

    (3) 9(a) The applicants have been paid wages at less than the minimum rates of wages fixed for

    their category (categories) of employment(s) under the Act by Rs..................per day for

    the period(s) from..........to..............;

    10(b) The applicants have not been paid wages at Rs..........per day for the weekly days

    of rest from................to...............;

    (c) The applicants have not been paid wages at the overtime raters) for the period from.....

    to..........;

    (4) The applicants estimate the value of relief sought by them on each account as under :

    (a) Rs...........

    (b) Rs...........

    (f) Rs...........

    Total Rs.............

    (5) The applicants, therefore, pray that a direction may be issued under Section 20(3) of the Act for—

     12(a) payment of the difference between the wages payable under the Minimum Wages Act and

    the wages actually paid;

    13(fr) payment of remuneration for the days of rest;

     14(c) payment of wages at the overtime rate(s);

    15[(d) compensation amounting to Rs........]

    (6) The applicants beg leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority.

    (7) The applicants do solemnly declare that the facts stated in this application are true to the best of their knowledge, belief and information.

    Date.............        Signature or thumb-impression of the

    employed persons or legal practitioner

       or official of a Registered Trade Union

         duly authorised.

    FORM VII

    Form of application by an Inspector or person acting with the

    permission of the Authority under Section 20(2)

    In the Court of Authority appointed under the Minimum Wages Act, 1948, for..........area.

    Application No...............of 19 . . .

    (1)........................Applicant

    Address............

            versus

    (1).......................Opponent(s)

    Address............

    The applicant above-named states as follows :

    (1)  The opponent(s) has/have

    16(a)  paid wages at less than the minimum rates of wages fixed for their category (categories)

    of employments(s) under the Act by Rs. . . . per day for the period(s) from......

    to.....;

    17(b)  not paid wages at Rs. ... per day for the weekly days of rest from .... to......;

    18(c)  not paid wages at overtime rate(s) for the period from......to.....to the following

    employees.

    (2)  The applicant estimates the value of relief sought for the employees on each account as under :

    (a)  Rs........

    (b)  Rs........

    (c)  Rs........

    Total Rs.............

    (3)  The applicant, therefore, prays that a direction may be issued under Section 20(3) of the Act for—

    19(a)  payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid;

    20(b)  payment of remuneration for the days of rest;

    21(c)  payment of wages at the overtime rate(s) ;

    22[(d) compensation amounting to Rs......]

    (4)  The applicant begs leave to amend or add to or make alterations in the application, if and when necessary, with the permission of the Authority.

    (5)  The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information.

    Date...........   Signature.......]

    FORM VIII

    Form in Authority in favour of a Legal Practitioner or any Official
     of a Registered Trade Union referred to in Section 20(2)

    In the Court of the Authority appointed under the Minimum Wages Act, 1948, for..........

    .....................area.

    Application No................... of 19 . . .

    (1).....................

    (2).....................       Applicant^)23

    (3).....................

    (1).....................

    (2).....................       Opponent(s)

    (3).....................

    I hereby authorise Mr..................a legal practitioner/an official of the registered

    trade union of.................to appear and act on my behalf in the above-described proceedings

    and to do all things incidental to such appearing and acting.

    Date.................  Signature or thumb-impression

           of the employee

    FORM IX

    Form of Summons to the Opponent to appear before the Authority
    when an application under sub-section (2) of Section 20 or
    under Section 21 is entertained
    (Title of the application)

    To.........

    (Name, description and place of residence)

    Whereas.............has made the above-said application to me under the Minimum Wages

    Act, 1948, you are hereby summoned to appear before me in person or by a duly authorised agent, and able to answer all material questions relating to the application, or who shall be accompanied by some  person able to answer all such questions on the.............day of.....19 . . at........o'clock in the.........noon, to answer the claim; and as the day fixed for the appearance is appointed  for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.

    Take notice that in default of your appearance on the day before-mentioned, the application will be heard and determined in your absence. Date..............        Signature...................

    24[FORM IX-A
    (Rule 22)
     
    Notice

     25[Abstracts of] the Minimum Wages Act, 1948 and the
     rules made thereunder

    I. Whom the Act affects

    1. (a) The Act applies to persons engaged in scheduled employments or in specified class of work in respect of which minimum wages have been fixed.

    (b) No employee can give up by contract or agreement his rights in so far as it purports to reduce the minimum rates of wages fixed under the Act.

    II. Definition of wages

    (1) 'Wages' means all remuneration payable to an employed person on the fulfilment of his contract of employment [and includes house rent allowance] . It excludes—

    (i) the value of any house-accommodation, supply of light, water, medical attendance or any other amenity or any service extended by general or special order of the appropriate Govt.;

    (ii) contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of Social Insurance;

    (iii) the travelling allowance or the value of any travelling concession;

     (iv) the sum paid to the person employed to defray special expenses entailed by him by nature of his employment,

     (v) gratuity payable on discharge.

    (2) The minimum rate of wages may consist of—

    (i) a basic rate of wages and special allowance called the cost of living allowance;

     (ii) a basic rate of wages with or without a cost of living allowance and the cash value of any concessions, like supplies of essential commodities at concession rates; and

    (iii) an all-inclusive rate comprising basic rate, cost of living allowance and cash value of concession, if any.

    (3) The minimum wages payable to employees of scheduled employments notified under Section 5, read with Section 3 or as revised from time to time under Section 10, read with Section 3, may be—

    (a)  a minimum time rate,

    (b)  a minimum piece rate,

    (c)   a guaranteed time rate,

    (d) an overtime rate,

    differing with (1) different scheduled employments, (2) different classes of work, (3) different localities, (4) different wage-periods, and

     (5) different age groups.

    III. Computation and conditions of payment

    The employer shall pay to every employee engaged in scheduled employment under him wages at a rate not less than the minimum rate of wages fixed for that class of employee.

    The minimum wages payable under this Act shall be paid in cash unless the Government authorises payment thereof either wholly or partly in kind.

    Wage-period shall be fixed for the payment of wages at intervals not exceeding one month 27[or such other larger period as may be prescribed].

    Wage shall be paid on a working day within seven days of the end of the wage-period or within ten days if 1000 or more persons are employed.

    The wages of a person discharged shall be paid not later than the second working day after his discharge.

    If an employee is employed on any day for a period less than the normal working day, he shall be entitled to receive wages for a full normal working day provided his failure to work is not caused by his unwillingness to work but by the omission of the employer to provide him with work for that period.

    Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

    Where an employee is employed on piece work for which minimum time rate and not a minimum piecce -rate has been fixed, the employer shall pay to such employee wages at not less than the minimum time rate.

    IV. Hours of work and holidays

    The number of hours which shall constitute a normal working day shall be—

    (a)  in the case of an adult, 9 hours,

    (b)  in the case of a child, 4 1/2 hours.

    The working day of an adult worker inclusive of the intervals of rest shall not exceed twelve hours on any day.

    28[The employer shall allow a day of rest with wages to the employees every week. Ordinarily, Sunday will be the weekly day of rest, but any other day of the week may be fixed as such rest day. No employee shall be required to work on a day fixed as rest day, unless he is paid wages for that day at the overtime rate and is also allowed a substituted rest day with wages. (See Rule 23).]

    When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime worked be entitled to wages in scheduled employment other than agriculture, at double the ordinary rate of wages.

    V. Fines and deductions

    No deduction shall be made from wages except those authorised by or under the rules. Deductions from the wages shall be one or more of the following kinds, namely :

    (i) Fines : An employed person shall be explained personally and also in writing the act or omission in respect of which the fine is proposed to be imposed and given an opportunity to offer any explanation in the presence of another person. The amount of the said fine shall also be intimated to him. [It shall be subject to such limits as may be specified in this behalf by the Central Government].29 It shall be utilised in accordance with the directions of the Central Government;

    (ii) deductions for absence from duty;

    (iii) deductions for damage to or loss of goods entrusted to the employee for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default. The employed person shall be explained personally and also in writing the damage or loss, in respect of which the deduction is proposed to be made and given an opportunity to offer any explanation in the presence of another person. The amount of the said deduction shall also be intimated to him. [It shall be subject to such limits as may be specified in this behalf by the Central Government.];30

    (iv) deductions for house-accommodations supplied by the employer [or by a State Government or any authority constituted by a State Government for providing housing accommodation]31;

     (v) deductions for such amenities and services supplied by the employer as the Central Government may by general or special order authorise. These will not include the supply of tools and protectives required for the purposes of employment;

    (vi) deductions for recovery of advances or for adjustment of overpayment of wages, such advances shall not exceed an amount equal to wages for two calendar months of the employed person and the monthly instalment of deduction shall not exceed one-fourth of the wages earned in that month;

    (vii) deductions of income-tax payable by the employed person;

    (viii) deductions required to be made by order of court or other competent authority;

    (ix) deductions for subscription to and for repayment of advances from any provident fund;

     32(x) deductions for payment to co-operative societies 33[or deductions for recovery of loans advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the Central Government] or deductions made with the written authorisation of the person employed, for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (31 of 1956);

    (ix) deduction for recovery or  adjustment of amount other then wages, paid to the employed person in error or in excess of what is due to him :

    Provided that prior  approvel of the Inspecter or any other officer authorrised by the Center Government in this behalf is obtainet in writing befor making the deductions, unless the employee gives his consent in writing to such deduction;

    34[(xii) deductions made with the written  written authorisation of the employed person (which may be given once generally and not necessarily every time a deduction is made) for the purchase of securities of the Government of India or of any State Government or for being deposited in any post Office Savings Bank in Form III showing the deductions from wages so as to each the Inspector not later than the Ist February following the end of the year to which it relates.]35 specifying the following particulars for each period in respect of each employed person:

    (a) the minimum rates of wages payable,

    (b) the number of days in which overtime was worked,

    (c) the gross wages,

    (d) the gross wages,

    (e) the wages actually paid and the date of payment.s

    Every employer shall issue wage-slip36[in the from prescribed] containing prescribed particulars to every person employed .

    Every employer shall get the signature or the thumb-impression of every person employed on the wage-book and wage-slips.

    37[A muster-roll. register of fines, register of deductions for damage or loss and register of overtime shall be maintained by every employer at the workspot in the form prescribed.]

    38[Every employer shall keep exhibited at main entrance to establishment and its office], notice in English and in a language understood by a majority of the workers of the following particulars in clean and legible form :

    (a) minimum rate of wages,

    (b) 39[abstracts of] the Acts and the rules made thereunder,

    (c) name and address of the Inspector.

    40[Register of wages, muster-roll, register of fines, register of deductions for damage or loss and register of overtime shall be preserved for a period of three years after the date of last entry made therein.

    All registers and records required to be maintained by an employer under the rules shall be produced on demand before the Inspector provided that where and establishment has been closed, the Inspector may demand the production of the registers and records in his office or such other place as may be nearer to the employers.]

    VII. Inspectors

    An Inspector can enter in any premises and  can exercise powers of Inspector (including examination of document and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.

    VIII. Claims and complaints

    Where an employee is paid less than the minimum rates of wages fixed for his class of work, or less than the amount due to him under the provisions of this Act, he can make an application in the prescribed form within six months to the Authority appointed for the purpose. An application delayed beyond this period may be admitted if the authority is satisfied that the applicant had sufficient cause for not making the application within such period.

    Any legal practitioner, official of a registered trade union, Inspector under the Act or other person acting with the permission of the authority can make the complaint on behalf of an employed person.

    41 [A single application may be presented on behalf of or in respect of a group of employed persons whose wages have been delayed, if they are borne on the same establishment and their claim relates to the same wage-period or periods.]

    42[A complaint under Section 22(a) relating to payment of less than the minimum rates of wages or less than the amount due to an employee under the provisions of the Act can be made to the court only after an application in respect of the facts constituting the 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;

    A complaint under Section 22(b) or 22(a) regarding contravention of the provisions relating to hours of work and weekly day of rest or other miscellaneous offences relating to maintenance of registers, submission of retuns, etc., can be made to the court by or with the sanction of an Inspector. The time-limits for making such complaints is one month from the date of grant of sanction by the Inspector, in the case of offences falling under Section 22(b) and six months from the date on which the offence is alleged to have been committed, in the case of offences falling under Section 22(a).]

    IX. Action by the Authority

    The Authority may direct the payment of the amount by which the minimum wages payable exceed the amount actually paid together with the payment of compensation not exceeding ten times the amount of such excess. The Authority may direct payment of compensation in cases where the excess is paid before the disposal of the application.

    If a malicious or vexatious complaint is made, the Authority may impose a penalty not exceeding Rs 50 on the applicant and order that it be paid to the employer.

    Every direction of the Authority shall be final.

    X. 43 [Penalties for offences under the Act]

    Any employer who pays to any employee less than the amount due to him under the provisions of this Act or infringes any order or rules in respect of normal working day, weekly holiday, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

    44[Any employer who contravenes any provision of the Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by the Act, be punishable with fine which may extend to five hundred rupees. If the person committing any offence under the Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. No such person will be liable to punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

    Any director, manager, secretary or other officer of the company with whose consent or connivance an offence has been committed is liable to be proceeded against and punished under the Act. Note.—

    (a) "company" means any body corporate and includes a firm or other association of individuals,

     (b) "director" in relation to a firm means a partner in the firm.]

    XI. Minimum rates of wages fixed

    Name of Undertaking..........................

    Serial No.    Category of employees    Minimum Wages

     .....................   .....................   .....................

    XII. Name and address of Inspector(s)

    Name     Address .............

     .....................   .....................]

    FORM X
    Register of Wages
     
    [Rule 26(1)]

    Name.of.Establishment........... 

    Wage -period from....................to...........................Place..............................

    Sl. No. Name of the employee Father's / Husband's Name Designation Minimum rates of wages payable Rates of wages actually paid Total attendance/ units of work done
    Basic D.A. Basic D.A.
    1 2 3 4 5 6 7 8 9
                     

     

     

    Overtime worked Gross wages payable Employee's contribution to P.F. Deductions Wages paid Date of payment Signature or Thumb- impression
    of employee
    H.R. Other deduction Total deduction
    10 11 12 13 14 15 16 17 18
     

     

                   

     

    FORM XI
    Wage Slip
    [Rule 26(2)]

    Name of the establishment..........
    Place..........................................

    1. Name of employee with father's/husband's name

    2. Designation.

    3. Wage-period.

    4. Rate of wages payable

    (a) Basic

    (b) DA.

    5. Total attendance/units of work done.

    6. Overtime wages.

    7. Gross wages payable.

    8. Total deductions.

    9. Net wages paid.

    Employee's  signature/thumb-impression

    Pay-in-charge

    NOTIFICATION

    Ministry of Labour & Rehabilitation Noti. No. SO. 147(E), dated February 26. 1983, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 26th February, 1983, p. 2 [No. S-32019/26/82-W.C. (M.W.)]

    The President is hereby pleased to withdraw the functions exercisable by the Central Government under the Minimum Wages Act, 1948 (11 of 1948), in so far as such functions relate to the fixation of minimum rates of wages and the review and revision of minimum rates so fixed, for employees employed in stone-breaking or stone-crushing operations carried on in any quarry situated within the respective States of Bihar, Maharashtra, West Bengal, Punjab, Madhya Pradesh, Uttar Pradesh, Orissa, Kerala, Madras, Nagaland, Haryana, Mysore, Rajasthan, Assam, Andhra Pradesh and Gujarat, entrusted to the Government of the States named above, in exercise of powers conferred by clause (1) of Article 258 of the Constitution under Notification bearing SO. 4296 dated November 25, 1968 published in the Gazette of India, Part 11, Section 3(ii), dated the 30th November, 1968.

     

    Labour Laws (Exemption from Furnishing
    Returns and Maintaining Registers by Certain Establishments) Act, 19881

    [Act 51 of 1988]

    [24th September, 1988]

    CONTENTS

    Sections

    1. Short title and commencement

    2. Definitions

    3. Amendment of certain labour laws

    4. Exemption fr8m reffinfflrfrftfSiarf^^

    5. Savings

    6. Penalty

    7. Power to amend Form

    8. Power to remove difficulties

    THE SCHEDULE

    An Act to provide for the exemption of employers in relation to establishments
    employing a small number of persons from furnishing returns and
    maintaining registers under certain labour laws

    Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:

    Prefatory Note—Statement of Objects and Reasons.—(1) Rules and regulations framed under various labour laws provide for maintenance of registers in prescribed formats and periodical submission of returns in prescribed forms. There has been persistent demands from small business and industrial establishments for the simplification and reduction in the number of forms and registers required to be maintained/submitted by small establishments. A Working Group appointed for the purpose had suggested undertaking of legislation as well as other appropriate measures for simplification and reduction in the number of forms and registers required to be maintained by small establishments. In the light of the recommendations of the Working Group, the matter was considered further at various fora and Government has considered it desirable that establishments employing smaller number of persons should be exempted to a limited extent, from maintaining registers in the prescribed form and from submitting the various returns under certain existing labour laws.

    (2) A small establishment has been defined in the Bill as an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months. A very small establishment has been defined as an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

    (3) Small establishments will be required to maintain only three muster registers and will be required to submit only one core return in lieu of the existing returns prescribed under the various labour laws.

    Similarly, very small establishments would be allowed to combine the three muster registers into a single register. Further, they would be required to submit only one annual core return in lieu of the existing returns prescribed under the various labour laws. The forms of the registers and returns have been prescribed in the Bill itself.

    (4) However, in view of the special requirements of social security legislation such as, recovery of contribution from employers and employees, their accountability, reimbursement, etc., no exemption has been given in relation to social security legislation. The enactments from which exemption is sought to be given have been mentioned in the Schedule to the Bill.

    (5) The Bill seeks to achieve the above objects.

    1. Short title and commencement.—(1) This Act may be called the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988.

    (2)  It extends to the whole of India :

    Provided that nothing contained in this Act, in relation to the Plantations Labour Act, 1951 (69 of 1951) shall extend to the State of Jammu and Kashmir.

    (3)  It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the coming into force of that provision in that State.

    Date of Enforcement.—The Act came into force in the whole of India w.e.f. 1-5-1989 vide Noti. No. G.S.R. 436(E) dated 10-4-1989 (1989 CCL-III-274).

    2. Definitions.—(1) In this Act, unless the context otherwise requires,—

    (a) "employer", in relation to a Scheduled Act, which defines such expression, has the same meaning assigned to it in that Act, and in relation to any other Scheduled Act, means the person who is required to furnish returns or maintain registers under that Act;

    (b)  "establishment" has the meaning assigned to it in a Scheduled Act, and includes,—

    (i) an "industrial or other establishment" as defined in Section 2 of the

    Payment of Wages Act, 1936 (4 of 1936) ;

    (ii) a "factory" as defined in Section 2 of the Factories Act, 1948 (63 of 1948);

    (iii) a factory, workshop or place where employees are employed or work is given out to workers, in any scheduled employment to which the Minimum Wages Act, 1948 (11 of 1948), applies;

    (iv) a "plantation" as defined in Section 2 of the Plantations Labour Act, 1951 (69 of 1951) ; and

    (v) a "newspaper establishment" as defined in Section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);

    (c) "Form" means a Form annexed to this Act ;

    (d) "Scheduled Act" means as Act specified in the Schedule and is in force on the commencement of this Act in the territories to which such Act extends generally, and includes the rules made thereunder ;

    (e) "small establishment" means an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months ;

    (f) "very small establishment" means an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

    3. Amendment of certain labour laws.—On and from the commencement of this Act, the Scheduled Acts shall have effect subject to the provisions of this Act.

    4. Exemption from returns and registers required under certain labour laws.—(1) On and from the commencement of this Act it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a Scheduled Act applies to furnish the returns or to maintain the registers required to be furnished or maintained under that Scheduled Act :

    Provided that such employer,—

    (a) furnishes, in lieu of such returns, a Core Return in Form A ;

    (b) maintains, in lieu of such registers,—

    (i) registers in Form B, Form C and Form D, in the case of small establishments ; and (ii) registers in Form D and Form E, in the case of very small establishments : Provided further that every such employer shall continue to—

    (a) issue wage slips in the Form prescribed in the Minimum Wages (Central) Rules, 1950 made under Sections 18 and 30 of the Minimum Wages Act, 1948 (11 of 1948) and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the Payment of Wages (Mines) Rules, 1956 made under Sections 13-A and 26 of the Payment of Wages Act, 1936 (4 of 1936) ; and

    (b) file returns relating to accidents under Sections 88 and 88-A of the Factories Act, 1948 (63 of 1948) and Sections 32-A and 32-B of the Plantations Labour Act, 1951 (69 of 1951).

    (2) Save as provided in sub-section (1), all other provisions of a Scheduled Act, including in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that Act, shall apply to the returns and registers required to be furnished or maintained under this Act as they apply to the returns and registers under that Scheduled Act.

    (3)  Where an employer in relation to a small establishment or very small establishment to which a Scheduled Act applies, furnishes returns or maintains the registers as provided in the proviso to sub-section (1), nothing contained in that Scheduled Act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that Scheduled Act.

    5. Savings.—The commencement of this Act shall not affect,—

    (a)  the previous operation of any provision of any Scheduled Act or the validity, invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period ;

    (b)  any right, privilege, obligation or liability already acquired, accrued or incurred under any Scheduled Act, before the relevant period ;

    (c) any penalty, forfeiture, or punishment incurred or inflicted in respect of any offence committed under any Scheduled Act, before the relevant period ;

    (d)  any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that Scheduled Act.

    Explanation.—For the purpose of this section, the expression "relevant period" means the period during which an establishment is or was a small establishment or a very small establishment under this Act.

    6. Penalty.—Any employer who fails to comply with the provisions of this Act, shall, on conviction, be punishable—

    (a)  in the case of the first conviction, with fine which may extend to rupees five thousand ; and

    (b)  in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-five thousand, or with both.

    7. Power to amend Form.—(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification in the Official Gazette amend any Form and thereupon such Form shall, subject to the provisions of sub-section (2), be deemed to have been amended accordingly.

    (2) Any notification issued under sub-section (1) shall be laid before each House of Parliament, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.

    8. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty :

    Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.

    THE SCHEDULE

    [See Section 2(l)(d)]

    (1)  The Payment of Wages Act, 1936 (4 of 1936).

    (2)  The Weekly Holidays Act, 1942 (18 of 1942).

    (3)  The Minimum Wages Act, 1948 (11 of 1948).

    (4)  The Factories Act, 1948 (63 of 1948).

    (5)  The Plantations Labour Act, 1951 (69 of 1951).

    (6)  The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955).

    (7)  The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).

    (8)  The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).

    (9)  The Equal Remuneration Act, 1976 (25 of 1976).

    FORM A

    [See Section 4(1) proviso (a)]

    Core Return

    RETURN FOR THE YEAR ENDING 31ST DECEMBER

    (To be furnished on or before the 15th February of the succeeding year by small
    establishments and very small establishments)

    1. (a) Name and postal address of the establishment.

    (b)  Name and residential address of the employer.

    (c)  Name and residential address of the Manager or person responsible for supervision and control of the establishment.

    (d)  Name of the principal employer in the case of a contractor's establishment.

    (e)  Date of commencement of the establishment.

    Nature of Operation/Industry/Work Carried on

    2.  (a) Number of days worked during the year.

    (b)  Number of man-days worked during the year.

    (c)  Daily hours of work.

    (d)  Day of weekly holiday.

    3. (a) Average number of persons employed during the year.

    (i) Males.

    (ii) Females.

    (iii) Adolescents (those who have completed 14 years but have not completed 18 years of age).

    (iv) Children (those who have not completed 14 years of age).

    (b) Maximum number of workers employed on any day during the year.

    (c) Number of workers discharged, dismissed, retrenched or whose services were terminated during the year.

    4.  Rates of wages—categorywise:

    (1) Males (2) Females (3) Adolescents (4) Children

    5.  Gross wages paid :

    (a)  in cash;

    (b)  in kind.

    6.  Deductions:

    (a)  Fines.

    (b)  Deductions for damage or loss,

    (c) Other deductions.

    7. Number of workers who were granted leave with wages during the year.

    8. Nature of welfare amenities provided : Statutory (specify the statute).

    9. Does the establishment carry out any hazardous process or dangerous operation coming within the meaning of the Factories Act, 1948. If so, give particulars.

    10. Number of Accidents :

    (a) Fatal.

    (b) Non-fatal.

    11. Nature of safety measures provided as required under the Factories Act, 1948.

    Date...........    Signature of the Employer with full name in capitals

    Place...........

    FORM B

    [See Section 4(1) proviso (b)(i)]
    Register of Wages required to be maintained by small establishments
    (To be maintained within seven days of the expiry of the wage period)

    Name of establishment.....................Name and address of employer .........................
    Address (Local)......................... Nature of work...........................
    (Permanent)............................Wage period.................................

    Sl. No. Name of the employee Sex Designation Classification, whether permanent/ temporary/ casual/ part-time or any other Father's or husband's name Total days number of units worked
    1 2 3 4 5 6 7
     

               

     

    WAGES EARNED

    Basic wages Dearness allowance Overtime Bonus or ex gratia Maternity benefits Gratuity Any other allowance Total amount
    Statutory minimum rate Actual
    8 9 10 11 12 13 14 15 16
     

                   

     

    DEDUCTIONS

    Advances Fines due to damage or loss by neglect or default Provident Fund Employees' State Insurance
    Employers' contribution Employers' contribution Employers' contribution Employers' contribution
    17 18 19 20 21 22
     

             

     

    DEDUCTIONS
    Other deductions indicating the nature Total deductions Net amount payable Signature or thumb impression of employee with date Signature of Inspector with date Remarks
    23 24 25 26 27 28
     

             

     

    Date..................
    Place.................

     

    Signature of the Employer with full name in capitals


     

    FORM C
    [See Section 4(1) proviso (b)(i)]
    Muster-Roll to be maintained by small establishments

    Name of establishment...................................Name and address of the employer................................
    Address (Local)....................
    (Permanent)............................................Wage period........................................

    Sl. No. Name of the employee Date of employement Permanent address Age or date of birth
    1 2 3 4 5
     

           
    Father's or husband's name For the period ending.......... Number of uniits of work done during Total attendance Total overtime worked1 Total production
     in case of piece-
    rated workers2
    6 7 8 9 10
     

           
    Compensatory rest3 Signature of Inspector with date Remarks
    Brought forward from previous wage period Given during the wage period
    11 12 13 14
     

         

     

    Date.................
    Place................

     

    Signature of the Employer with full name in capitals

     

    FORM D

    [See Section 4(1) proviso (b)(i) and (ii)]
    Monthly Register showing welfare amenities to be maintained by small
    establishments and very small establishments

    Name and address of the employer........................ Address of the establishment :
    Local/Permanent
    For the month of............................
    Sl.No. Name of the employee Sex Designation Weekly day of rest Dates of holidays for festivals or similar other occasions
    1 2 3 4 5 6
     

             
               
    Number of casual leave availed by the employee Quantum of annual leave with wages Whether welfare amenities provided for
    Due Availed Rest-room Drinking-water First aid
    7 8 9 10 11 12
     

             
    Whether Scheduled Caste/ Scheduled Tribe,
    Handicapped, or any other particular category
    Signature of the employer or his agent Remarks of the Inspecting Officer Signature of Inspector with date
    13 14 15 16
     

         

    Date.................
    Place................

    Signature of the Employer with full name in capitals

     

    FORM E

    [See Section 4(1) proviso (b)(ii)]

    Monthly Register of muster roll-cum-wages required to be
    maintained by very small establishments

    Year.........................
    Month........................
    or Wage period..................
    (where different)......................

    Name of establishment.........................
    Name of employee....................Father's name..........................
    Nature of Work......................Rate of wages..........................
    Wage period........................Date of employment......................

    Date Hours of work Interval for Rest
    and Meal
    Hours worked with the employer Overtime Casual or sickness
    leave availed during the month/ wage period
    From To From To Hours worked Wages earned
    1 2 3 4 5 6 7 8 9
     

                   
                     
    Privilege Leave Signature of the employer Remarks of the employer Remuneration Due
    Leave due Leave availed Balance Basic salary or wage Overtime Other allowances, if any Total
    10 11 12 13 14 15 16 17 18
     

                   
    Deductions Net amount or payment Date of payment Signature or thumb impression
    of the employee
    Signature of Inspector
    with
    remarks, if any, and date
    Fines and deductions on account of damage or loss by neglect or default Other deductions Advance paid, if any
    Date Amount Total
    19 20 21 22 23 24 25 26 27
     

                   

    Date.................
    Place................

    Signature of the Employer with full name in capitals

     

     

    1. For Statement of Objects and Reasons, see Gaz. of India, 1946, Pi. V. p. 224 and for the Report of the Select Committee, see Gaz. of India, 1948. Pt. V. pp. 55-58.
    2. 1981 Lab 1C 690 (AP).
    3. People's Union for Democratic Rights v. Union of India, (1982) 3 SCC 235 : 1982 SCC (L&S) 275.
    4. Peoples Union for Democrat,, Rights V. Union of India, (1982) 2 SCC 494 : 1982 SCC (L&S) 262.
    5. Shri Chalthan Vibhag Khand Udyog Sahakari Mandi Ltd. v. G.S. Barot, (1979) 4 SCC 622 : 1980 SCC (L&S) 76.
    6. Subs, by the A.O. 1950, for "all the Provinces of India".
    7. The words "except the Slate of Jammu and Kashmir"' omitted by Act 51 of 1970.
    8. Subs, by Act 61 of 1986.
    9. Subs, by Act 30 of 1957, S. 2, for "Central Government, by a railway administration".
    10. Subs, by the A.O. 1950, for "an Act of the Central Legislature".
    11. Subs, by the A.O. 1950, for "Provincial".
    12. Ins. by Act 61 of 1986.
    13. Subs, by Act 26 of 1954, S. 2, for "clause (e) of sub-section (i) of S. 9 of the Factories Act, 1934 (25 of 1934)".
    14. Ins. by Act 30 of 1957, S. 2.
    15. Subs. by the A.O. 1950 for "Crown".
    16. Sub-sections (1) and (1-A) subs. by Act 26 of 1954, S.3, for original sub-section (1).
    17. Subs. by Act 31 of 1961, S.2.
    18. Added by Act 30 of 1957, S.3.
    19. Omitted by Act 31 of 1961, S.2.

    1. Published in the Assam Gaz., Extra., dt. 11-8-1964.

    1. Published in the Assam Gaz.,Extra ., dt 11-8-1964.
    2. MP. Gaz., Extra., No. 189, dt. 16-7-1976, p. 2366.
    3. Mah. Govt. Gaz. dt. 17-1-1963, Pt. IV. p. 9.
    4. Manipur Govt. Gaz., Extra., No. 1249(A), dt.20-3-1993.
    5. Rajasthan Gaz.. Extra., Pt. IV, dt. 13-2-1976, p. 169.
    6. Received the assent of the President on 26-9-1960 and published in the U.P. Gaz., Extra., dt. 3-10-1960.
    7. Received the assent of the President on 18-12-1979, published in U.P. Gaz., Extra., dt. 21-12-1979, pp. 4-6.

    1. Subs, by G.S.R. 751, dt. 1-7-1974.
    2. Added by G.S.R. 466. dt. 2-3-1970.
    3. Subs. byG.S.R. 109, dt. 14-1-1959.
     

    1. Subs, by G.S.R. 1542, dt. 8-11 1962.

    1. Forms VI, VI-A and VII .w/ib.v. for Forms VI and VII by GSR. 1301, dt. 28-10-1960 published in Gaz. of India, dt. 5-11-1960, Pt. II, Sec. 3(/), p. 1648.
    2. Delete the portions not required.
    3. Delete the portions not required.
    4. Delete the portions not required.
    5. Delete the portions not required.
    6. Delete the portions not required.
    7. Delete the portions not required.
    8. Ins. by G.S.R. 1140dt. 18-9-1961 published in Gaz. of India, 16th Sept., 1961, Pt. II, Sec. 3(0, p. 1387.
    9. Delete the portions not required.
    10. Delete the portions not required.
    11. Delete the portions not required.
    12. Delete the portions not required.
    13. Delete the portions not required.
    14. Delete the portions not required.
    15. Ins. by G.S.R. 1140, dt. 18-9-1961 published in Gaz. of India, 16-9-1961, Pt. II, Sec. 3(/), p. 1387.
    16. Delete the portions not required.
    17. Delete the portions not required.
    18. Delete the portions not required.
    19. Delete the portions not required.
    20. Delete the portions not required.
    21. Delete the portions not required.
    22. Ins. by G.S.R. 1140, dt. 18-9-1961 published in Gaz. of India, 16-9-1961, Pt. II, Sec. 3(»), p. 1387.
    23. When the application is by a group of employees, the thumb-impressions or signatures of two of the applicants need be put to the application and a full list of applicants should be attached to the application.
    24. Ins. by S.R.O. 2727, dt. 11-8-1954 published in Fort St. George Gaz., 9-6-1954, Supp. to Pt. 1, p. 223.
    25. Subs, by G.S.R. 109, dt. 14-1-1959.
    26. Ins. by G.S.R. 109, dt. 14-1-1959.
    27. Ins. by G.S.R. 109. dt. 14-1-1959.
    28. Subs, by G.S.R. 918, dt. 29-7-1960.
    29. Subs, by G.S.R. 213, dt. 7-2-1962.
    30. Subs, by G.S.R. 213, dt. 7-2-1962.
    31. Ins. by G.S.R 109, dt. 14-1-1959.
    32. Subs, by G.S.R. 109, dt. 14-1-1959.
    33. Ins. by G.S.R. 213, dt. 7-2-1962.
    34. Ins. by G.S.R. 213, dt. 7-2-
    35. Subs, by G.S.R. 213, dt. 7-:
    36. Ins. by G.S.R. 213, dt. 7-2-
    37. Subs, by G.S.R. 213, dt. 7-
    38. Subs, by G.S.R. 213, dt. 7-;
    39. Subs, by G.S.R. 109, dt. 14
    41. Subs, by G.S.R. 213, dt. 7-2-1962.
    42. Subs, by G.S.R. 109. dt. 14-1-1959.
    43. Subs, by G.S.R. 109, dt. 14-1-1959.
    44. Subs, by G.S.R. 109, dt. 14-1-1959.
     

    1. Received the assent of the President on Sept. 24, 1988, and published in the Gaz. of India, Extra., Pt. II, S. l.dt. Sep. 27, 1988.