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THE MINIMUM WAGES ACT, 1948
ACT NO. 11 OF 1948 1*
[15th March, 1948.]
An Act to provide for fixing minimum rates of wages in certain
employments.
WHEREAS it is expedient to provide for fixing minimum rates of
wages in certain employments;
It is hereby enacted as follows:--
1.
Short title and extent.
1. Short title and extent.-(1) This Act may be called the Minimum
Wages Act, 1948.
(2) It extends to the whole of India 2***.
2.
Interpretation.
2. Interpretation.- In this Act, unless there is anything
repugnant in the subject context,--
3*[(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
4*[Central Government or a railway
administration], or in relation to a mine,
oilfield or major port, or any corporation
established by 5*[a Central Act], the Central
Government, and
(ii) in relation to any other scheduled
employment, the State Government;
6*[(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;
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1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I; Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I;
Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and
Sch. and Union Territory of Goa, Daman and Diu by Notification No.
G.S.R. 436, dated 16-4-1973, Gazette of India, Pt. II, Sec. 3(i), p.
875.
This Act has been amended in Uttar Pradesh by Uttar Pradesh Act
20 of 1960 (w.e.f. 1-1-1960). Bihar by Bihar Act 3 of 1961,
Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra
Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of 1961, Madhya
Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of
1960, Rajasthan by Rajasthan Act 4 of 1969, Madhya Pradesh by Madhya
Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23.
4. Subs. by Act 30 of 1957, s. 2, for "Central Government, by a
railway administration".
5. Subs. by the A. O. 1950, for "an Act of the Central Legislature".
6. Ins. by Act 61 of 1986, s. 23.
202
(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 1*[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;
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1. Subs. by Act 26 of 1954, s. 2, for "clause (e) of sub-section (1)
of section 9 of the Factories Act, 1934".
203
(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,
1*[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
2*[Union].
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1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A. O. 1950 for "Crown".
204
3.
Fixing of minimum rates of wages.
3. Fixing of minimum rates of wages.- 1*[(1) The appropriate
Government shall, in the manner hereinafter provided,--
2*[(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:
3*[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, 4*** 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 5*[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");
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1. Subs. by Act 26 of 1954, s. 3, for sub-section (1).
2. Subs. by Act 31 of 1961, s. 2, for cl. (a).
3. Added by Act 30 of 1957, s. 3.
4. Certain words, brackets and figure omitted by Act 31 of 1961,
s. 2.
5. Subs. by s. 2, ibid., for certain words.
205
(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").
1*[(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;
2*[(b) minimum rates of wages may be fixed by any one or
more of the following wage periods, namely:--
(i) by the hour,
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1. Ins. by Act 31 of 1961, s. 2.
2. Subs. by Act 30 of 1957, s. 3, for the original clause, excluding
the proviso.
206
(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. Minimum rate of wages.-(1) Any minimum rate of wages fixed or
revised by the appropriate Government in respect of scheduled
employments under section 3 may consist of--
(i) a basic rate of wages and a special allowance at a rate
to be adjusted, at such intervals and in such manner as
the appropriate Government may direct, to accord as
nearly as practicable with the variation in the cost of
living index number applicable to such workers
(hereinafter referred to as the "cost of living
allowance"); or
(ii) a basic rate of wages with or without the cost of
living allowance, and the cash value of the concessions
in respect of supplies of essential commodities at
concession rates, where so authorized; or
(iii) an all-inclusive rate allowing for the basic rate, the
cost of living allowance and the cash value of the
concessions, if any.
(2) The cost of living allowance and the cash value of the
concessions in respect of supplies of essential commodities at
concession rates shall be computed by the competent authority at such
intervals and in accordance with such directions as may be specified
or given by the appropriate Government.
5.
Procedure for fixing and revising minimum wages.
1*[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
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1. Subs. by Act 30 of 1957, s. 4, for the original section.
206A
(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
207
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.
[Repealed.]
6. [Advisory committees and sub-committees.]-Rep. by the Minimum
Wages (Amendment) Act, 1957 (30 of 1957), s. 5.
7.
Advisory Board.
7. Advisory Board.- For the purpose of co-ordinating the work of
1*[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. 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.
9. Composition of committees, etc.- Each of the committees, sub-
committees 2*** 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.
3*[10. Correction of errors.- (1) The appropriate Government may,
at any time, by notification in the Official Gazette, correct clerical
or arithmetical
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1. Subs. by Act 30 of 1957, s. 6, for "committees, sub-committees,
advisory committees and advisory sub-committees appointed
under sections 5 and 6".
2. The words "advisory committees, advisory sub-committees" omitted
by s. 7, ibid.
3. Subs. by s. 8, ibid., for the original section.
208
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. 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, authorize the payment of minimum wages either wholly
or partly in kind.
(3) If the appropriate Government is of the opinion that
provision should be made for the supply of essential commodities at
concession rates, the appropriate Government may, by notification in
the Official Gazette, authorize the provision of such supplies at
concession rates.
(4) The cash value of wages in kind and of concessions in respect
of supplies of essential commodities at concession rates authorized
under sub-sections (2) and (3) shall be estimated in the prescribed
manner.
12.
Payment of minimum rates of wages.
12. Payment of minimum rates of wages.- (1) Where in respect of
any scheduled employment a notification under section 5 1*** 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 authorized 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.
13. Fixing hours for a normal working day, etc.-2*[(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;
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1. The words and figures "or section 10" omitted by Act 30 of 1957,
s. 9.
2. S. 13 re-numbered as sub-section (1) of that section by s. 10,
ibid.
209
(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.
1*[(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. 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.
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1. Added by Act 30 of 1957, s. 10.
210
(2) Nothing in this Act shall prejudice the operation of the
provisions of 1*[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.
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.
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.
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.
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.
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1. Subs. by Act 26 of 1954, s. 4, for "section 47 of the Factories
Act, 1934".
211
(3) The appropriate Government may, by rules made under this Act,
provide for the issue of wage books or wage slips to employees
employed in any scheduled employment in respect of which minimum rates
of wages have been fixed and prescribe the manner in which entries
shall be made and authenticated in such wage books or wage slips by
the employer or his agent.
19.
Inspectors.
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;
1*[(d) seize or take copies of such register, record of
wages or notices or portions thereof as he may consider
relevant in respect of an offence under this Act which
he has reason to believe has been committed by an
employer; and]
(e) exercise such other powers as may be prescribed.
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1. Subs. by Act 30 of 1957, s. 11, for the original clause.
212
(3) Every Inspector shall be deemed to be a public servant within
the meaning of the Indian Penal Code (45 of 1860).
1*[(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.
Claims.
20. Claims.- (1) The appropriate Government may, by notification
in the Official Gazette, appoint 2*[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 3*[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) 4*[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 authorized 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 3*[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.
5*[(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,
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1. Ins. by Act 30 of 1957, s. 11.
2. Subs. by s. 12, ibid., for "any Commissioner for Workmen's
Compensation or".
3. Ins. by s. 12, ibid.
4. Subs. by s. 12, ibid., for "Where an employee is paid less than
the minimum rates of wages fixed for his class of work under
this Act".
5. Subs. by s. 12, ibid., for the original sub-section.
213
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.
21. Single application in respect of a number of employees.- (1)
1*[Subject to such rules as may be prescribed, a single application]
may be presented under section 20 on behalf or in respect
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1. Subs. by Act 30 of 1957, s. 13, for "A single application".
214
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 1*[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.
2*[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.
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.
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
---------------------------------------------------------------------
1. Added by Act 30 of 1957, s. 13.
2. Ss. 22 to 22F subs. by s. 14, ibid., for the original s. 22.
215
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 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. 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 incharge of, and was responsible to, the
company for the conduct of the business of the company as well as the
company shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer of the company shall
also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals, and
(b) "director" in relation to a firm means a partner in the
firm.
22D.
Payment of undisbursed amounts due to employees.
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
216
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. 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.
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.
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
216A
of the person whom the employer charges as the actual offender and by
the prosecution.
24.
Bar of suits.
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.
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.
26. Exemptions and exceptions.- (1) The appropriate Government
may, subject to such conditions if any as it may think fit to impose,
direct that the provisions of this Act shall not apply in relation to
the wages payable to disabled employees.
(2) The appropriate Government may, if for special reasons it
thinks so fit, by notification in the Official Gazette, direct that
1*[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.
2*[(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 1*[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 1*[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
---------------------------------------------------------------------
1. Ins. by Act 30 of 1957, s. 15.
2. Ins. by Act 26 of 1954, s. 5.
216B
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. 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.
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 the Central Government to make rules.
29. Power of the Central Government to make rules.- The Central
Government may, subject to the condition of previous publication, by
notification in the Official Gazette, make rules1* 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. 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, 2*** and the Advisory Board;
---------------------------------------------------------------------
1. For the Minimum Wages (Central) Rules, 1950, see Gazette of
India, 1950, Pt. II, Sec. 3, p. 781.
2. The words "advisory committees, advisory sub-committees" omitted
by Act 30 of 1957, s. 16.
216C
(b) prescribe the method of summoning witnesses, production
of documents relevant to the subject-matter of the
enquiry before the committees, sub-committees, 1*** 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 circumstances in which an
employee employed for a period of less than the
requisite number of hours constituting a normal working
day shall not be entitled to receive wages for a full
normal working day;
(i) prescribe the form of registers and records to be
maintained and the particulars to be entered in such
registers and records;
(j) provide for the issue of wage books and wage slips and
prescribe the manner of making and authenticating
entries in wage books and wage slips;
(k) prescribe the powers of Inspectors for purposes of this
Act;
(l) regulate the scale of costs that may be allowed in
proceedings under section 20;
(m) prescribe the amount of court-fees payable in respect of
proceedings under section 20; and
(n) provide for any other matter which is to be or may be
prescribed.
---------------------------------------------------------------------
1. The words "advisory committees, advisory sub-committees" omitted
by Act 30 of 1957, s. 16.
216D
30A.
Rules made by Central Government to be laid before Parliament.
1*[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.]
31.
Validation of fixation of certain minimum rates of wages.
2*[31. Validation of fixation of certain minimum rates of wages.-
Where during the period--
(a) commencing on the 1st day of April, 1952, and ending
with the date of the commencement of the Minimum Wages
(Amendment) Act, 1954 (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 rule issued under section 13.]
---------------------------------------------------------------------
1. Ins. by Act 31 of 1961, s. 3.
2. Subs. by s. 4, ibid., for s. 31.
216E
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