Minimum Wages Act, 1948
1. Short title and extent
1. (1) This Act may be called the Minimum
Wages Act 1948.
(2) It extends to the whole of
India.
2.
Interpretation
2. In this Act unless there is anything
repugnant in the subject or context -
(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
Central Government or a railway administration] or in relation to a
mine oilfield or major port or any corporation established by a
Central Act the Central Government and
(ii) in relation to
any other scheduled employment the State Government;
(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 employee 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 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 persons 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) "schedule employment" means an employment
specified in the Schedule or any process or branch of work forming
part of such employment;
(h) "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 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
person 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 ornamented finished repaired adapted or
otherwise processed for sale for the purposes 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 Union.
3. Fixing of minimum rates of
wages
3. (1) The appropriate government shall in the
manner hereinafter provided -
(a) fix the minimum rates of
wages payable to employees employed in an employment specified in
Part I or Part II of the Schedule and in an employment added to
either Party 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 :
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.
(1A)
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 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 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 rates 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").
(2A)
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 (14 of 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;
(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.
4. Minimum rate of
wages
4. (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 suppliers 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 supplied of essential commodities at concession rate
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.
5. Procedure for fixing and
revising minimum wages
5. (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 committee 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.
6. Advisory
committees and sub-committees
6. Repealed by the Minimum
Wages (Amendment) Act 1957.
7. Advisory Board
7.
For the purpose of co-ordinating work of committees 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
8. (1) For the purpose of advising the Central and
State Governments in the matters of the fixation and revision of
minimum rates of wages and other matters under this Act and for
co-ordinating 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.
9. Each of the committees sub-committees 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.
10. Correction of
errors
10. (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
11. (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
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 concessional
rates.
(4) The cash value of wages in kind and of concessions
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 rate of
wages
12. (1) Where in respect of any scheduled
employment a notification under section 5 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)
13. Fixing hours for normal
working day etc.
13. (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 days of
rest;
(c) provide for payment for work on a day of rest at a
rate not less than the overtime rate.
(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 either physical activity or sustained attention.
14. Overtime
14. (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 section 59 of the Factories Act 1948 (63 of
1948) in any case where those provisions are applicable.
Comment: "Overtime under Section
14 is payable to those employees who are getting a minimum rate of
wage as prescribed under the Minimum Wages Act, 1948. These are the
only employees to whom overtime under Section 14 would become
payable. In the present case the respondents cannot be described as
employees who are getting a minimum rate of wages fixed under the
Minimum Wages Act, 1948. They are getting much more and that too
under the Madhya Pradesh Municipal Service (Scales of Pay and
Allowances) Rules, 1967. Therefore, Section 14 has no application to
them. We have not been shown any other provision under which they
can claim overtime" Municipal
Council, Hatta v. Bhagat Singh. AIR 1998
SUPREME COURT
1201
15. Wages of worker who works
for less than normal working day
15. 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
16. 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.
17. Minimum
time rate wages for piece work
17. 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
18. (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 prescribed to manner in which entries shall be
made and authenticated in such wage books or wage slips by the
employer or his agent.
19. Inspectors
19.
(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
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 giving 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;
(d) seize or take copies of
such register record or 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).
(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 the meaning
of section 175 and section 176 of the Indian Penal Code (45 of
1860).
20.
Claim
20. (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
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 for a
civil court or as a 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 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) 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 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.
(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 be 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).
21. Single application in
respect of a number of employees
21. (1) 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 sub-section (3) of section
20 shall not exceed ten times the aggregate amount of such excess 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.
22.
Penalties for certain offences
22. 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.
22A. General provision for
punishment of other offences
22A. 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.
22B. Cognizance of
offences
22B. (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 is this behalf has
sanctioned the making of the complaint;
(b) under clause (b)
of section 22 or under section 22A except on a complaint made by or
with the sanction of an Inspector.
(2) No court shall take
cognizance of an offence -
(a) under clause (a) or clause (b)
of section 22 unless complaint thereof is made within one month of
the grant of sanction under this section;
(b) under section
22A unless complaint thereof is made within six months of the date
on which the offence is alleged to have been committed.
22C. Offences by
companies
22C. (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 any 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.
22D. Payment of undisbursed
amounts due to employees
22D. 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.
22E. Protection against
attachment of assets of employer with government
22E. 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.
22F. Application of Payment of Wages Act
1936 to scheduled employments
22F. (1) 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 employments 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.
23. Exemption of employer from
liability in certain cases
23. 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 deligence 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.
24. Bar
of suits
24. 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
25. 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. Exemption and
exceptions
26. (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
if for special reasons it thinks so fit by notification in the
Official Gazette direct that 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.
(2A) 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 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 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.
27. Power of
State Government to add to Schedule
27. 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 State be deemed to be amended
accordingly.
28.
Power of Central Government to give directions
28. The
Central Government may give directions to a State Government as to
the carrying into execution of this Act in the State.
29. Power of Central Government
to make rules
29. 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
30. (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 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 sub-committees 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 particulars
to be entered in such registers and records;
(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 book 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 and
(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.
30A.
Rules made by Central Government to be laid before
Parliament
30A. Every rule made by the Central Government
under this Act shall be laid 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 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.
31. Validation
of fixation of certain minimum rates of wages
31. 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 (26 of 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 (30 of 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 (31 of 1961) minimum rate 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
sub-section (1) of section 3 as in force immediately before the
commencement of the Minimum Wages (Amendment) Act 1954 (26 of 1954)
or the Minimum Wages (Amendment) Act 1957 (30 of 1957) or the
Minimum Wages (Amendment) Act 1961 (31 of 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 the rule issued under
section 13.
SCHEDULE
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.
(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.
Employment 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
kyantite mines.
Employment in copper mines.
Employment
in clay mines covered under the Mines Act 1952 (35 of
1952).
Employment in magnesite mines covered under the Mines
Act 1952 (35 of 1952).
Employment in white clay
mines.
Employment in stone mines.
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 live-stock bees or poultry
and any practice performed by a farmer or on a farm as incidental to
or in conjunction with farm operation (including any forestry or
timbering operations and the preparation for market and delivery to
storage or to market or to carriage for transportation to market of
farm produce).