1. Short title and extent
2. Interpretation
3. Fixing of minimum rates of wages
4. Minimum rate of wages
14[5. Procedure for fixing and revising minimum wages
6. Advisory committees and sub-committees
7. Advisory Board
8. Central Advisory Board
9. Composition of committees, etc.
14[10.Correction of errors
11. Wages in 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. Claim
21. Single application in respect of a number of employees
14[22. Penalties for certain offences
22A. General provision for punishment of other offences
22B. Cognizance of offences
22C. Offences by companies
22D. Payment of undisbursed amounts due to employees
22E. Protection against attachment of assets of employer
with government
22F. 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 Central Government to make rules
30. Power of appropriate government to make rules
13[30A. Rules made by Central Government to be laid before
Parliament
10[31. Validation of fixation of certain minimum rates
of wages
THE SCHEDULE
Foot Notes
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: -
1. Short title and extent
(1) This Act may be called the Minimum
Wages Act, 1948.
(2) It extends to the whole of India.l[***]
2. Interpretation
In this Act, unless there is anything repugnant in the
subject or context,-
2[(a) "adolescent" means a person
who has completed his fourteenth years of age but has not completed his
eighteenth year;
(aa) "adult" means a person who has
completed his eighteenth years of age;]
(b) "appropriate government" means-
(i)
in relation to any scheduled employment carried on by or under the authority
of the3[Central Government or a railway administration], or in relation
to a mine, oilfield or major port, or any corporation established by 4[a
Central Act], the Central Government, and
(ii) in relation
to any other scheduled employment, the State Government;
5[(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 6[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;
(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 7[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, 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,8[Union].
3. Fixing of minimum rates of wages
9[(1) The appropriate government shall,
in the manner hereinafter provided,-
10[(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 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:
7[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, 11[***] 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 12[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").
13[(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 t his 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;
14[(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
(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 concessional 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 concessional 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.
14[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.]
6. Advisory committees and sub-committees
[Repealed by the Minimum Wages (Amendment) Act, 1957 (30 of 1957)]
7. Advisory Board
For the purpose of co-ordinating work of 15[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
(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.
Each of the committees, sub-committees 16[***] 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.
14[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 appropriate government is of
the opinion that provision should be made for the supply of essential commodities
at concessional 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 concessional
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 17[***] 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 a normal working day, etc.
18[(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.]
19[(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
(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 20[section 59 of the Factories Act,
1948 (63 of 1948)] in any case where those provisions are applicable.
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.
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 prescribed in the manner in
which entries shall be made and authenticated in such wage books or wage
slips by the employer or his agent.
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 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;
14[(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).
7[(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
(1) The appropriate government may,
by notification in the Official Gazette, appoint 21[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 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
7[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) 14[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 7[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.
14[(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).
21. Single application in respect of a number of employees
(1) 22[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 scheduledb
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 notv exceed ten times the aggregate amount of such
excess 7[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.
14[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.
22A. 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.
22B. Cognizance of offences
(1) No court shall take cognizance
of a complaint against any person for an offence-
(a) under
clause (a) of section 22 unless an application in respect of the facts
constituting such offence has been presented under section 20 and has been
granted wholly or in part, and the appropriate government or an officer
authorised by it in this behalf has sanctioned the making of the complaint;
(b) under
clause (b) of section 22 or under section 22A, except on a complaint made
by, or with the section 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
(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
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
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
(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
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.
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, if
for special reasons it think so fit, by notification in the Official Gazette,
direct that 7[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.
23[(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, 7[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 7[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
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
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
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,16[***] 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,
16[***] 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 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.
13[30A. Rules made by Central Government to be laid before Parliament
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 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.]
10[31. Validation of fixation of certain minimum rates of wages
Where during the period-
(a) commencing on the lst 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 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 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.]
THE SCHEDULE
[See section 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.
24[(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.
25[Employment in gypsum mines.
Employment in barytes mines.
Employment in bauxite mines.]
26[Employment in manganese mines.]
27[Employment in the maintenance of
buildings and employment in the construction and maintenance of runways]
28[Employment in china clay mines.
Employment in kyanite mines.]
29[Employment in copper mines.]
30[Employment in clay mines.]
31[Employment in magnesite mines covered
under the Mines Act, 1952]
32[Employment in white clay mines.]
33[Employment in stone mines.]
34[Employment in steatite (including
mines producing soapstone & tale)]
35[Employment in ochre mines.]
36[Employment in asbestos mines.]
37[Employment in fire clay mines.]
38[Employment in chromite mines.]
39[Employment in quartizite mines.
Employment in quartz mines.
Employment in silica mines.]
40[Employment in graphite mines.
41[Employment in felspar mines.]
42[Employment in laterite mines.]
43[Employment in dolomite mines.
Employment in red oxide mines.]
44[Employment in wolfram mines.]
45[Employment in iron-ore mines.]
46[Employment in granite mines.]
47[Employment in rock phosphate mines.]
48[Employment in haemetite mines.]
49[Employment in loading and unloading
in railways, goods sheds.
Employment in docks and ports.]
50[Employment in ashpit cleaning on
railways.]
51[Employment in marble and calcite
mines.]
52[Employment in uranium mines.]
53[Employment in mica mines.]
54[Employment in lignite mines;
Employment in gravel mines.
Employment in state mines.
Employment in laying of underground
cables, electric lines, water supply lines and sewerage pipe line.]
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 operations (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).
Foot Notes
1 The words "except the State of Jammu and Kashmir" omitted
by Act No. 51 of 1970, w.e.f.
1st. September, 1971.
2 Substituted by Act No. 61 of 1986, w.e.f. 23rd. December,
1986.
3 Substituted for the words "Central Government or a
railway administration" by Act No. 30 of
1957, w.e.f. 17th. September, 1957.
4 Substituted for the words "an Act of the Central Legislature"
by the A.O. 1950.
5 Inserted by Act No. 61 of 1986, w.e.f. 23rd. December,
1986.
6 Substituted for the words, brackets and figures "clause
(e) of sub-s. (1) of s. 9 of Factories Act,
1934 (25 of 1934)" by Act No. 26 of 1954.
7 Inserted by Act No.30 of 1957.
8 Substituted by the A.O. 1950, for the word "Crown".
9 Substituted by Act No.26 of 1954.
10 Substituted by Act No.31 of 1961.
11 Omitted by Act No.31 of 1961.
12 Substituted by Act No.31 of 1961.
13 Inserted by Act No.31 of 1961.
14 Substituted by Act No.30 of 1957.
15 Substituted for the words "committees, sub-committees,
advisory committees and advisory sub-committees appointed under sections
5 and 6" by Act No.30 of 1957.
16 The words "advisory committee, advisory sub-committees"
omitted by Act No.30 of 1957.
17 The words and figures "or section 10" omitted by Act
No.30 of 1957.
18 Section 13 re-numbered as sub-section (1) thereof
by Act No.30 of 1957.
19 Added by Act No.30 of 1957.
20 Substituted by Act No.26 of 1954, for the words, brackets
and figures "s. 47 of the Factories
Act, 1934 (25 of 1934)".
21 Substituted for the words "any Commissioner for Workmen's
Compensation or" by Act No.30 of 1957.
22 Substituted by Act No.30 of 1957, for the words "A
single application".
23 Inserted by Act No.26 of 1954.
24 Substituted by Act No.30 of 1957.
25 Inserted by Notification No S.O. 3760, dated 4th.
December, 1962.
26 Inserted by Notification No. S.O. 4030, dated 30th.
October, 1967.
27 Inserted by Notification No. S.O. 1987, dated 30th.
May, 1968.
28 Inserted by Notification No. S.O. 586, dated 5th.
February, 1970.
29 Inserted by Notification No. S.O. 795, dated 13th.
February, 1970.
30 Inserted by Notification No. S.O. 796, dated 18th.
February, 1970.
31 Inserted by Notification No. S.O. 2357, dated 1st.
July, 1970.
32 Inserted by Notification No. S.O. 3896, dated 3rd.
September, 1971.
33 Inserted by Notification No. S.O. 3898, dated 15th.
September, 1971.
34 Inserted by Notification No. S.O. 2972, dated 1st.
July, 1972.
35 Inserted by Notification No. S.O. 2973, dated 1st.
July, 1972.
36 Inserted by Notification No. S.O. 2974, dated 6th.
July, 1972.
37 Inserted by Notification No. S.O. 1587, dated 24th.
May, 1973.
38 Inserted by Notification No. S.O. 2311, dated 3rd.
July, 1975.
39 Inserted by Notification No. S..O. 807, dated 4th.
February, 1976.
40 Inserted by Notification No. S.O. 558, dated 29th.
January, 1977.
41 Inserted by Notification No. S.O. 1823, dated 14th.
June, 1978.
42 Inserted by Notification No. S.O. 2945, dated 22nd.
September, 1978.
43 Inserted by Notification No. S.O. 2950, dated 25th.
September, 1978.
44 Inserted by Notification No. S.O. 3671, dated 7th.
December, 1978.
45 Inserted by Notification No. S.O. 1757, dated 16th.
June, 1980.
46 Inserted by Notification No. S.O. 2473, dated 28th.
September, 1980.
47 Inserted by Notification No. S.O. 1824, dated 22rd.
March, 1983.
48 Inserted by Notification No. S.O. 1957, dated 11th.
April, 1983.
49 Inserted by Notification No. S.O. 2092, dt 24th. April,
1983.
50 Inserted by Notification No. S.O. 2093, dated 23rd.
April, 1983.
51 Inserted by Notification No. S.O. 3455, dated 20th.
August, 1983.
52 Inserted by Notification No. S.O. 2693, dated 1st.
August, 1986.
53 Inserted by Notification No. S.O. 726(E), dated 29th.
September, 1993.
54 Inserted by Notification No. S.O. 439(E), dated 20th.
May, 1998.