THE EQUAL REMUNERATION RULES
1976
CONTENTS
Preliminary
1. Short title and commencement
2. Definitions
Complaints and
Claims under the Act
3. Complaints regarding
contravention of the Act
4.
Claim regarding
non-payment of wages etc.
Registers to be
Maintained
6.
Registers to be
maintained by the employer
FORM
A Complaint
under Cl. (a) of sub-section (1) of
Sec. 7 of the Equal Remuneration Act, 1976 (25 of 1976)
FORM
B Claim
under Cl. (b) of sub-section (1,) of Sec. 7 of the Equal Remuneration
Act, 1976 (25 of 1976)
FORM
C Form of
authority in favour of legal practitioner or any official
of a registered Trade Union
FORM
D Register
to be maintained by employer under rule 6 of the Equal
Remuneration Act, 1976
THE EQUAL
REMUNERATION
RULES, 19761
1. Vide G,S.R. 119 (E), 11th March, 1976,
published in the Gazette of India Extraordinary, Pt. II, Sec. 3 (i), dated 11lth March, 1976.
CHAPTER I
Preliminary
1. Short title and commencement. -
(1) These rules may be called the Equal Remuneration Rules, 1976.
(2) They shall come into force on the date of their publication in
the official
Gazette.
2. Definitions. - In these rules, unless
the context otherwise requires, -
(a) Act means the Equal
Remuneration Act, 1976 (25 of 1976);
(b) Authority means the authority appointed by the appropriate
Government under sub-section (1) of Sec. 7;
(c) Form means a form appended to these rules;
(d) Section means a section of the Act;
(e) Registered Trade Union means a Trade Union registered under
the Trade Unions Act, 1926 (16 of 1926).
CHAPTER
II
Complaints
and Claims under the Act
3.
Complaints regarding contravention of the Act-
(1) Every complaint under Cl. (a) of sub- section (1) of Sec. 7 shall be made in triplicate, in Form A to the Authority.
(2) A single complaint may be made by, or on behalf of, or in
relation to, a group of workers, if they are employed in the same establishment
and the complaint relates to the same contravention.
(3) A complaint may be made
by the worker himself or herself or by any legal practitioner, or by any
official of a registered trade union, authorised in writing to appear and act
on his or her behalf or by any Inspector, appointed under Sec. 9 or by any
other person acting with the Permission of the Authority.
Interpretation. - Shall
cannot be interpreted as may.1
1. Spedra Engineering Corporation, Bhopal
v. State of Madhya Pradesh, A.I.R.1988 M.P. 111 at p. 112 see also Sub-Committee of Judicial Accountability v. Union
of India, A.I.R. 1992 S.C. 320 at p. 352.
4. Claim regarding non-payment of wages,
etc.-
(1) Every claim under Cl. (b) of sub-section (1) of Sec. 7shall be made triplicate, in Form in
B to the Authority.
(2) A single petition may be
made by, or on behalf of, or in relation to, a group of workers, if
they are employed in the same establishment and their claims are of the same nature.
(3) A claim may be made by
the worker himself or herself or by any
legal practitioner, or by any official of a registered trade union, authorised in writing to appear and act on his or her
behalf or by any Inspector appointed under Sec. 9 or by any other person acting
'with the permission of the Authority.
5. Authorization. - The authorization referred
to in sub-section (3) of rule 3 or sub-rule (3) of rule 4 shall be
in Form C which shall be presented to the Authority to whom the complaint or
the claim, as the case may be, is made along with such complaint or claim and
shall form part of the record.
CHAPTER III
Registers to be maintained
1[6. Registers to be maintained by the employer. - Every
employer shall maintain up-to-date a register in relation to the workers
employed by him in Form D at the place where the workers are employed.]
Amendment. - An amendment of a substantive law is not retrospective unless expressly
laid down.2
Rules- Whether validly framed. - The question whether rules are validly framed to carry out the purposes of the
Act can be determined on the analysis of the provisions of the Act 3
1. Subs. by S.O. 4095 dated 4th
October, 1983.
2. Bhagat Ram Sharma v. Union of India,
A.I.R. 1988 S.C. 740 at p. 746.
3. Minerva Talkies v. State of Karanataka,
(1988) 1 S.C.J. 208 at P. 211-213; see also Jarnel Singh, v. State of
Rajasthan, A.I.R. 1992 Raj; 173.
(To be submitted
in triplicate)
[See Rule 3 (1)]
Complaint under
CJ. (a) of sub-section (1) of Ser- 7 of the Equal
Remuneration
Act, 1976 (25 of 1976
To
The Authority appointed under sub-section (1) of
Sec. 7.
...............................................................(Address)
A
..Complainant (s)
Full address
Versus
B
. Opposite Party
Full address
The complainant(s)begs/beg to complain that the opposite party has been guilty of a contravention(s) of the provisions of the Equal Remuneration Act,1976 (25 of 1976) as shown below:
(Here set out briefly the
particulars showing the manner in which the alleged contravention(s) has/have
taken place and the grounds supporting the complaint.)
The complainant(s) accordingly prays/pray that the
Authority.
., may be pleased to decide the complaint set out above and pass
such order or orders thereon as it may deem fit and proper.
The number of copies of the complaint (along with
its annexure) as required under sub-rule (1) of rule 3 of the Equal
Remuneration Rules, 1976 are submitted herewith.
The complainant(s) does/do solemnly declare that the facts stated in this complaint are true to the best of his/her/their knowledge, belief and information.
Signature(s)/thumb impression(s)
of
the complainant(s )
*1I
have been duly authorised in writing by
..
[Here insert the name of the worker(s)], to appear and act on
his/her/their behalf.
Signature of the legal practitioner/
official of a registered
Trade Union duly authorised
Station
.
Date
.
1. Strike out this portion if inapplicable.
_________________________________________________________________________
To be submitted
in triplicate)
[See Rule 4 (1)]
Claim under Cl.
(b) of subsection (1) of Ser- 7 of
The Equal Remuneration
Act, 19 76 (25
of 19 76)
To
The Authority appointed under sub-section (1) of
Sec. 7.
....................................................................................
(Address
A
Petitioner (S)
Full address
Versus
B
..Opposite Party
..................................................................................Full
address
The petitioner(s) above
named states/state as follows:
(1) The petitioner(s) was/were/is/are employed from to as
(category) in (name of the establishment) of Shri/Messrs
name of the employer
and address).
(2) The opposite party is the employer within the meaning of Cl. (c) of Sec. 2 of the Equal Remuneration Act, 1976 (25 of 1976).
(3) The petitioner(s) was/were/has/have not been paid wages at
rates equal to those of workers of the opposite sex for the same work of a
similar nature for the period from
to
(4) The petitioner(s) was/were/has/have been
paid wages at the rate of
.. Whereas workers of the opposite sex for the same
work or work of a similar nature were paid /have been paid at the rate of
during the said period.
(5) The petitioner(s) estimates/estimate the value of relief sought
by him/them at
Rs
.[Rupees..,
. (in
words)].
(6) The petitioner(s), therefore, prays /pray that the Authority may
be pleased to decide the claim set out above and pass such order or orders
thereon as it may deem fit and proper.
(7) The petitioner(s) begs /beg leave to amend
or add to or make alterations in the petition, if and when necessary, with the
permission of the Authority
The petitioner(s) does /do
solemnly declare that the facts stated in this petition are true to the best of
his/her [their knowledge, belief and information.
Signature(s)/thumb-impressions(s)
of the Petitioner(s)
I have been duly authorised
in writing by [here insert the name of worker(s)] to appear and act on
his/her/their behalf.
Signature of the legal
practitioner/
Official of a registered Trade
Union duly authorised.
Station
.
Date
1. Strike
out this portion if inapplicable.
_________________________________________________________________________
[See Rule 51
Form of
authority in favour of legal practitioner or any official of a
Registered Trade
Union
I /We hereby authorise
Shri/Shrimati /Kumari*
.... a legal practitioner/ an official of
which is a
registered Trade Union to a Pear and act on my/our behalf, under I sub-rule (3) of Rule 3/sub-rule
(3) of Rule 4 in respect of the 1complaint/claim
against (mention name of employer) on account of
(Mention violation of the Act).
Signature(s)/thumb-impression(s)
Of the worker(s)
Station
.
Date
Witness
..
(1)
(2)
(3)
I accept the authorisation.
1Legal practitioner
Station
.. Official of a
registered Trade Union.
Date
.
1. Strike out whichever is inapplicable.
_______________________________________________________________
_______________________________________________________________
(See Rule 6)
Register to be maintained by The employer under Rule 6
of the Equal Remuneration Rules
1976
Name
of the establishment with full address
.
Total
number of workers employed
Total
number of men workers employed
.
Total
number of women workers employed
..
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Components
of remuneration. |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Category
of workers |
Brief
Description of work |
No.
of women employed |
No.
of women employed |
Rate
of remuneration paid |
Basic
wage or salary |
Dearness
allowance |
House
rent allowance |
Other
allowances |
Cash
value of confessional supply of essential commodities |
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