THE MINIMUM WAGES ACT, 1948

1. For Statement of Objects and Reasons, see Gazette of India, 1946, Pt. V, p. 224 and for the Report of the Select Committee, see ibid., 1948, Pt. V, pp. 55-58. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Sec. 2 and Sch. I, to Pondicherry by Reg. 7 of 1963, Sec. 3 and Sch. I and Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, Sec. 3 and Schedule.

1. Short title and extent. -

(1) This Act may be called the Minimum Wages Act, 1948.

(2) It extends to 1[the whole of India 2[* * *]

1. Subs. by A.0. 1950.

2. The words 'except the State of Jammu and Kashmir' omitted by Act 51 of 1970, Sec. 2 and Schedule (w.ef. lst September, 1971).

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

1[(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 2[Central Government or a railway administration], or in relation to a mine, oilfield or major port, or any corporation established by 3[Central Act], the Central Government, and

(ii) In relation to any other scheduled employment, the 4[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 Sec. 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 [Cl. (j) of sub-section (1) of Sec. 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].

1. Subs. by Act 61 of 1986, Sec. 23 (w.ef. 23rd December, 1986),for CL (a) as amended by Act 26 of 1954, Sec. 2.

2. Subs. by Act 30 of 1957, Sec. 2,for 'Central Government by a railway administration' (w.ef. 17th September, 1957).

3. Subs. by the A.L.O., 1950,for an Act of the Central Legislature”.

4. Subs. by ibid., for the words 'Provincial Government'.

5. Ins. by Act 61 of 1986, Sec- 23 (w.ef. 23rd December, 1986).

6. Subs. by Act 26 of 1954, Sec. 2,for “Cl. (e) of sub-section (1) of Sec. 9 of the Factories Act, 1934 (25 of 1934)” (w.e.f. 20th May, 1954).

7. Ins. by Act 30 of 1957, Sec. 2 (w.e.f. 17th September, 1957).

8. Subs. by the A.L.O., 1950,for the word “Crown”.

STATE AMENDMENTS

Madhya Pradesh. –

(1) In Cl. (e) for the words “and includes, except in sub-section (3) of Sec. 26, substitute the words 11 and includes a person deemed to be employer under Sec. 22-CC and further includes, except in sub-section (3) of Sec. 22”. 1

(2) Clause (i) of Sec. 2 shall be re-numbered as Cl.(ee) and to that clausefollou7ing Explanation shall be added:

“Explanation. -An employee who has been dismissed, discharged or retrenched from employment or whose employment has been otherwise terminated shall, in respect of all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under Cls. (b), (c) of sub-section (1) of Sec. 13 or wages at the overtime rate under Sec. 14 during the period of his employment, be deemed to be an employee for the purpose of this Act2

Maharashtra. -In Sec. 2, in Cl. (i), for the words” and management of that other person”, substitute the words “and management of that other person; and includes for the purposes of Secs. 20, 21, 22-A, 22-B, 22-C and 22-D, any person who has been an employee and who has ceased to be so by reason of superannuation, retirement, dismissal, removal, discharge, termination of his service, or otherwise howsoever”. 3

1. M.P. Act XI of 1961, Sec. 2 (w.e.f. 1st June, 1959) and Act XXIII of 1961, Sec 21 (b) (w.e.f. 23rd June, 1961).

2. Vide M.P. Act XXII, of 1961, Sec. 2 (w.e.f. 23rd June, 1961).

3. Vide Maharashtra Act III of 1963, Sec. 2 (w.e.f.14th January, 1963).

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 Sec. 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.].

(1-A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time, 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 as “a minimum time rate “);

(b) A minimum rate of wages for piece work (hereinafter as referred to “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”).

6[(2-A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the employees 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 proceedings 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;

7[(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 month or for a day, as the case may be, may be indicated]:

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

1. 'Subs. by Act 26 of 1954, Sec. 3, for sub-section (1) (w.e.f. 20th May, 1954).

2. Subs. by Act 31 of 1961, Sec. 2,or Cl. (a) (w.e.f. 28th August, 1961).

3. Ins. by Act 30 of 1957, Sec. 3 (w.e.f 17th September, 1957).

4. Certain words, brackets and figure omitted by Act 31 of 1961 ' Sec. 2 (w.e.f 28th August, 1961).

5. Subs. by ibid, words (w.e.f. 28th August, 1961).

6. Ins. by Act 31 of 1961, Sec. 2, (w.e.f. 28th August, 1961).

7. Subs. by Act 30 of 1957, Sec. 3,for Cl. (b) (w.e.f. 17th September, 1957).

STATE AMENDMENTS

Andhra Pradesh. -In Cl. (a) of sub-section (1) of Sec. 3, -

(i) In sub-clauses (i) and (ii), for the words, figures and letters “before the 31st day of December, 1959' substitute the words, etc., “before the 31st day of December, 1961 “.

(ii) In sub-clause (ii) for the words “one year”, substitute the words “two years “1

1. Vide A.P. Act XIX of 1961, Sec. 2.

Bihar. - In Sec. 3 (1) (a) (i), ' for the words “before the 31st December, 1959”, substitute the words 'before the 31st December, 1961 “. 1

Gujarat. - In Sec. 3 of the Act, -

(1) In Cl (a) of sub-section (1) in sub-clause (i), insert the following provisos at the end, namely:

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

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

(2) In sub-clause (ii), -

(i) After the figures '1959', the following proviso shall be added at the end, namely:

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

(ii) For the words 'Provided that', the words 'Provided further that', shall be substituted:

(3) In Cl. (iii), the following provisos shall be inserted at the end, namely:

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

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

(4) To sub-section (I -A), the following proviso shall be added, namely:

'Provided that, where the State Government had for any reason not fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment, even after the expiry of the said period of one year. “2

Kerala. -Section 3, in its application to the fixation of minimum rates of wages in respect of employments specified in Part I and Part II of the Schedule to the Act, in relation to which the appropriate Government is the State Government, shall have effect in the State of Kerala subject to the amendments specified below. In sub-section (1) of Sec. 3, -

(i) In the opening words for the words “The appropriate Government”, substitute the words “The State Government';

(ii) In CI. (a). -

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

(b) After the existing proviso, insert the following further proviso, namely:

'Provided further that where, infixing the minimum rates of wages of any employment under sub-clause (i) or sub-clause (ii), any class of employees is left out, the State Government may, at any time fix the minimum rates of wages payable to such class of employees”.

1. Vide Bihar Act III of 1961 (w.e.f. 3rd March, 1961).

2. Vide Gujarat Act XXII of 1961, Sec. 2 (w.e.f. 18th May, 1961).

Explanation. - For the purpose of this proviso, the expression employees left out” with reference to an employment shall include-

(i) Employees employed in a particular locality in the employment, the minimum rates of wages payable to whom have not been fixed;

(ii) Employees employed in any process or branch of work which was not in existence in the employment at the time when the minimum rates of wages werefixed”.1

Madhya Pradesh. - (1) In sub-section (1) of Sec. 3, -

(a) Omit the proviso to sub-clause (ii) of Cl. (a) and

(b) After sub-clause (3), insert the following provisos, namely:

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

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

(2) To sub-section (I -A), insert the following proviso, namely:

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

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

(3) After sub-section (1-A) add the following sub-section, namely:

(I-B) Notwithstanding anything contained in sub-section (1), the State Government may, at the time of review under Cl. (b) of that sub-section, -

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

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

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

(4) In sub-section (3) (a) (iii), after the word “adults' insert the words and brackets “(males and females) 2

1. Vide Kerala Act XVIII of 1960, Sec. 2 (w.e.f. 2nd September, 1960).

2. Vide M.P. XXIII of 1961, Sec. 3 (w.e.f. 23rd June, 1961).

Maharashtra. - In Sec. 3 of the Minimum Wages Act, 1948 (hereinafter referred to as “the principal Act “, -

(1) In Cl. (a), sub-section (I), -

(a) In sub-clause (1) the words, figures and letters “before the 31st day of December, 1959” shall be deleted; and the following proviso shall be inserted at the end, namely:

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

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

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

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

(2) To sub-section (1 -A), add the following proviso, namely:

“Provided that, where the State Government has not for any reason fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year”.1

(3) For the proviso to Cl. (a) of sub-section (1) of Sec. 3, substitute the following, namely:

“Provided that the State Government may, instead of fixing the 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 of the State or any part thereof and in the case of an employment under any local authority, or class of local authorities.”2

1. Vide Maharashtra Act X of 1961, Sec. 2 (w.ef.15th February, 1961).

2. Vide Maharashtra Act III of 1963, Sec. 3 (w.e.f. 14th January, 1963).

Uttar Pradesh. - In sub-clauses (i) and (ii) of Cl. (a) of sub-section (1) of Sec. 3 of the Minimum Wages Act, 1948, in its application to Uttar Pradesh, for the figures “1959” wherever occurring, substitute the figures “1960”. 1

1. Vide U.P. Act XX of 1960, Sec. 2 (w.e.f. Ist January, 1960).

4. Minimum rate of wages. –

(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under Sec. 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 the “cost of living allowance”); or

(ii) A basic rate of wages 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.

STATE AMENDMENT

Madhya Pradesh. - In its application to the State of Madhya Pradesh Sec. 11 of the principal Act is to be re-numbered as Sec. 4-A.1

1. Vide M.P. Act XXIII of 1961, Sec. 21 (w.e.f. 23rd June, 1961).

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

(b) By notification in the Official Gazette, publish its proposal 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 sub-committees or committees appointed under Cl. (a) of sub-section (1), or as the case may be all representations received by it before the date specified in the notification under Cl. (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 Cl. (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also.]

STATE AMENDMENTS

Assam. - To Cl. (a) of sub-section (1) add at the end the following proviso, after colon after the word “be” and deleting the word “or”, namely:

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

Madhya Pradesh. - The M.P. Minimum Wages Fixation Act, 1962 (16 of 1962) is an Act to fix the minimum wages in certain scheduled employments and to Provide for certain other matters connected therewith. Section 2 of this Act says that notwithstanding anything contained in Sec. 5 of the principal Act 1948 as applicable to Madhya Pradesh or any other provision contained there in that be half or any judgment, decree or order o any Court to the contrary the State can fix minimum rates of wages in respect of employment in items 2,3,5 to 8 and 11 of Part I as well as in respect of employments in Part II of the Schedule. Rates fixed in respect of the said employments shall be enforceable with effect from lst January, 1959.

Section 4 of that M.P. Act states that the State shall also have power to revise the rates fixed, from time to time.

1. Subs. by Act XXX of 1957, Sec. 4, for Sec. 5 (w.e.f 17th September, 1957).

2. Vide Assam Act XIX of l964, Sec. 2 (w.e.f.11^thAugust 1964).

6. Advisory committees and sub-committees. - [Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), Sec. 5 (w.e.f. 17th September, 1957).

7. Advisory Board. - For the purpose of coordinating the work of 1[committees and sub-committees appointed under Sec. 51 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.

1. Subs. by Act XXX of 1957, Sec. 6, for the words and figures “committees, sub-committees, advisory committees and advisory sub-committees appointed under Secs. 5 and 64” (w.ef. 17th September, 1957).

8. Central Advisory Board. –

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

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

1. Subs. by A.L.O. 1950,for the words “Provincial Governments”.

9. Composition of committees, etc.- Each of the committees, sub-committees, 1[* * *] 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.

1. The words “advisory committees, advisory sub-committees “ omitted by Act XXX of 1957, Sec. 7 (w.ef 17th September, 1957).

STATE AMENDMENTS

Madhya Pradesh. - In Sec. 9 of the principal Act, -

(1) After the words, “and independent persons”, insert the words, “including officers of Government”.

(2) For the words, “such independent person” substitute the words, “such independent persons or such officers of Government”, and

(3) Add at the end the following proviso and the explanation, namely:

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

Explanation. - In this section, -

(i) “A person representing employer” shall mean-

(a) An employer; or

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

(c) An officer of a ' federation of association of employers to which the association referred to in Cl. (b) is affiliated;

(ii) “A person representing employees” shall mean-

(a) An employee; or

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

After Sec. 9 insert the following Sec. 9-A:

“9-A. Saving. -No order of the State Government nominating any person as the Chairman or a member of the Advisory Board or a committee or sub-committee shall be called in question in any manner and no act or proceeding before any Board, Committee or sub-committee shall be called in question in any manner in any Court of law on the ground merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, committee or sub-committee”. 1

Rajasthan. - To Sec. 9 add the following explanation with retrospective effect:

“Explanation. - For the purposes of this section, an officer of the State Government shall be deemed to be “independent” notwithstanding that the State Government is an employer in any scheduled employment “. 2

After Sec. 9 of the principal Act, the following new section shall be inserted, namely:

1. Vide M.P. Act XXIII of 1961, Sec. 5 (w.e.f. 23rd June, 1961).

2. Vide Rajasthan Act IV of 1969, Sec. 2. (w.e.f 4th April, 1969).

9-A. Finality or order constituting Board, committee, sub-committee, etc.-No order of the State Government nominating any person as Chairman or a Member of the Advisory Board or a Committee or sub-committee shall be called in question in any manner and no action or proceedings before any Board, committee or sub-committee shall be called in question in any manner in any Court of law on the ground merely of the existence of any vacancy in or of any defect or irregularity in the Constitution of such Board, committee or sub-committee.”1

Tamil Nadu. - Same as in Madhya Pradesh. 2

1. Ins. by ibid, Sec. 3 (w.ef. 4th April, 1969).

2. Vide Tamil Nadu Act 47 of 1981, Sec. 2 (w.e.f. Ist October, 1981).

1[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.]

1. Subs. By Act XXX of 1957, Sec. 8, for Sec. 10 (w.e.f. 17^th September, 1957).

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 Official Gazette, authorise the provision 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.

STATE AMENDMENT

Madhya Pradesh. - In its application to the State of Madhya Pradesh re-number Sec. II of the principal Act, as Sec. 4-A.1

1. Vide M.P. Act XXIII of 1961, Sec. 21 (w.e.f. 23^rd June. 1961).

12. Payment of minimum rates of wages. –

(1) Where in respect of any scheduled employment a notification under Sec. 5 1[* * *] is in force, the employer shall pay to ever 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 employee 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 effect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

1. The words and figure “or Sec. 10” omitted by Act XXX of 1957, Sec. 9 (w.e.f. 17^th September, 1957.

STATE AMENDMENT

Madhya Pradesh. - (1) In Sec. 12, after sub-section (1), insert the following:

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

(2) Provisions of this section shall apply to minimum rates of wages specified in Sec. 3.2

1. Vide M.P. Act XXIII of 1961, Sec. 6 (w.e.f. 23rd June, 1961).

2. See M.P. Act XXVI of 1962, Sec. 4 (w.e.f. 5th August, 19,62).

13. Fixing hours for normal working day, etc.-

1[(l)] 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;

2[(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;

(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 Cl.(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 employees, the hours of duty normally include periods of inaction which the employee may be on duty but is not called upon to display either physical activity or sustained attention].

STATE AMENDMENT

Maharashtra. - (1) In Sec. 13, in sub-section (1), after Cl. (a) insert the following clause:

“(aa) Fix the number of hours of work which shall constitute a normal working week'; and

(2) In Sec. 13, in sub-section (3) after the words “the appropriate Government” inserts the words “or by an officer not below the rank of a Deputy Commissioner of Labour especially authorized by the State Government in this behalf”. 3

1. Section 13 re-numbered as sub-section (1) of that section by Act XXX of 1957, Sec.10 (w.ef. 17th September, 1957).

2. Ins. by ibid.

3. Vide Maharashtra Act III of 1963, Sec. 4 (w.e.f. 14^th January 1963)

14. Overtime. -

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

(2) Nothing in this Act shall prejudice the operation of the provisions of 1[Sec. 59 of the Factories Act, 1948 (63 of 1948)] in any case where those provisions are applicable.

STATE AMENDMENT

Madhya Pradesh. - In Sec. 14, after sub-section (1), add the following:

“(I-A) The State Government may, by notification fix the limit for overtime work in any scheduled employment subject to such conditions and restrictions as may be “specified in the notification.”2

1. Subs. By Act 26 of 1954 for “Sec. 47 of the Factories Act, 1934 (25 of 1934)' (w.ef. 20th

2. Vide M.P. Act XXIII of 1961, Sec. 7 (w.e. 23rd June, 1961

15. Wage 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 hereafter 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.

STATE AMENDMENT

Madhya Pradesh. - In Sec. 16 for the words “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 “substitute the words “wages at the highest of the rates prescribed for such class”. 1

1. Vide M.P. Act XXIII of 1961, Sec. 8 (w.e.f 23rd June, 1961).

17. Minimum time rate wages for piece work. - Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than 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 act or, workshop or place where the employees in the Scheduled employ ment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out-work to them, notices in the prescribed form containing prescribed-particulars.

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

STATE AMENDMENTS

Bihar. - Section does not apply to any Local Authority in the State of Bihar.1

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

“(4) The appropriate Government may, by rules made under this Act, also provide for the issue of identity cards and services certificate to employees employed in any scheduled employment in such form and containing such particulars as may be prescribed.2

Madhya Pradesh. -(1) In Sec. 18 after sub-section (3), add the following:

“(4) Every employer shall in such scheduled employments as the State Government may, by notification, specify in this behalf display a notice of period of work-including overtime in respect of all or any of his employees in such manner as may be prescribed”3

(2) After Sec. 18, add the following new Sec. 18-A, namely:

1. Vide Bihar Gazette, Extraordinary, dated 12th May, 1973, No. 572, p. 2.

2. Vide Bihar Act 9 of 1988, Sec. 2.

3. Vide M.P. Act XXIII of 1961, Sec. 9 (w.ef. 23rd June, 1961).

“18-A Chief Inspector. - The State Government may, by notification, appoint any person to be the Chief Inspector who shall exercise such powers and perform such duties throughout the State as may be prescribed.” 1

NOTES. - Section 18-A as inserted by M.P. Act XI of 1959 is now numbered as Sec. 22-CC by M.P. Act XXIII of 1961, Sec. 21 (b) (w.e.f 23rd June, 1961).

Maharashtra. - In Sec. 18, in sub-section (3) after the words “wage slips”, at both places where they occur, add the words “and attendance-cards”. 2

Uttar Pradesh. -Section does not apply to local authorities in U.p.3 does not apply to employees employed in certain employments in U.p.4

1. Ibid, Sec. 10 (w.ef. 23rd June, 1961).

2. Vide Maharashtra Act III of 1963, Sec. 5 (w.ef. 14th January, 1963).

3. See U.P. Gazette dated 3rd December, 1966, Pt. I, p. 6252.

4. Vide U.P. Government Gazette, Extraordinary, dated 17th August, 1983, Pt. (Kha), p. 2.

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 1[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 of 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 whom, 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;

2[(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).

3[(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 Secs. 175 and 176 of the Indian Penal Code (45 of 1860)].

1. Subs. by A.L.O. 1950,for the word “Crown”.

2. Subs. by Act 30 of 1957, Sec. ll, for CI. (d) (w.e.f. 17th September, 1957).

3. Ins, by ibid (w.ef. 17th September, 1957).

STATE AMENDMENT

Madhya Pradesh. - (1) In Sec. 19, in sub-section (1), for the words 'and define the local limits within which they shall exercise their functions”, substitute the words “specify the areas within which they shall exercise their respective jurisdiction.

(2) In sub-section (2), -

(a) For the words “local limits for which he is appointed”, substitute the words “area of his jurisdiction',

(b) In Cl. (a), after the words, “other public authority” add the words “or such person representing the employers or such person representing the employees”; and

(3) After Cl. (e), add the following Explanation:

Explanation. -For the purpose of Cl. (a) the expressions “a person representing employer” and “a person representing employees” shall have the meaning assigned to those expressions in Sec. 9. 1

1. Vide M.P. Act XXIII of 1961, Sec. II (w.ef. 23rd June, 1961).

20. Claims. –

(1) The appropriate Government may, by notification in the Official Gazette, appoint 1[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 less than the minimum rates of wages 2[or in respect of the payment of the remuneration for days of rest or for work done or such days under Cl. (b) or Cl. (c) of sub-section (1) of Sec. 13 or of wages at the overtime rate under Sec. 141, to employees employed or paid in that area.

(2) 3[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.

4[(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 of 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, 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 Sec. 195 and Chapter XXXV (new Chapter XXXVI) of the Code of Criminal Procedure, 1898 (5 of 1808).5

1. Subs. By act 30 of 1957, Sec. 12for 'any Commissioner for Workmen's Compensation or”(w.e.f 17th September, 1957).

2. Ins. by Act 30 of 1957, Sec. 12 (w.e.f. 17th September, 1957).

3. Subs. by ibid. For certain words.

4. Subs. by Sec. 12, ibid, for sub-section (3).

5. See now the Code of Criminal Procedure, 1973 (2 of 1974).

STATE AMENDMENTS

Bihar. - In Sec. 20 of the said Act, -

(i) After sub-section (4), the following sub-section shall be inserted, namely, -

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

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

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

(ii) After sub-section (5), the following sub-section shall be inserted, namely, -

“(5-A) At the time of hearing, the authority may direct the employers to deposit at least 50% of the claimed amount with the Authority excluding the amount of compensation. The said amount may be paid to the claimant which shall be adjusted' subsequently with the decreed amount. “1

Madhya Pradesh. - (1) For sub-section (1) of Sec. 20 of the principal Act, the following sub-section shall be substituted, namely:

“(1) The appropriate Government may, by notification in the Official Gazette, appoint any Commissioner for workmen's compensation or any officer of the Central Government exercising functions as a Labour Commissioner of any region or any officer of the State Government not below the rank of Labour Commissioner or any other officer with experience as a Judge of Civil Court or as a stipendiary Magistrate or any Revenue Officer not below the rank of Naib Tahsildar, to be authority to hear and decide for any specified area all claims arising out of payment of less than minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under Cl.(b) or Cl. (c) of sub-section (1) of Sec. 13 of wages at the overtime rate under Sec. 14, to employees employed or paid in that area.”2

(2) In Sec. 20, in the provisos to sub-section (2), for the words 'six months”, at both the places they occur, substitute the words “one year”; and

(3) To sub-section (4) insert following proviso:

“Provided that nothing in this sub-section shall apply to any application filed by an Inspector under sub-section (2). 3

Maharashtra. - (1) In Sec. 20 sub-section (1) after the words “payment of less than the minimum rates of wages “, insert the words, brackets an figures “or in respect of wages not paid within the time prescribed under sub-section (1) of Sec. 12 “. 4

(2) For the word “Magistrate” in sub-section (1) substitutes the words “Judicial Magistrate”. 5

In Sec. 20, to sub-section (1) add the following proviso, -

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

Explanation. -For the purposes of this proviso, the expression “Block Development Officer' has the meaning assigned to it in the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961.”6

Mysore. - In its application to the State of Karnataka in Sec. 20, in sub-section (1), for the words “stipendiary Magistrate” substitutes the words “Judicial Magistrate”. 7

Rajasthan. -In the Minimum Wages Act, 1948 (Central Act II of 1948), in its application to the State of Rajasthan, in Sec. 20, in st4b-section (1), after the expression 'Labour Commissioner the expression “or a Vikas Adhikari appointed under the Rajasthan Panchayat Samities and Zilla Parishads Act, 1959 (Rajasthan Act 37 of 1959) “ shall be inserted.8

1. Vide Bihar Act 9 of 1988, Sec. 3 (w.ef. 19th February, 1988).

2. Vide Madhya Pradesh Act 36 of 1976, published in the M.P. Gazette, Extraordinary, dated 16th July, 1976 (w.ef. 16th July, 1976).

3. Vide M.P. Act XXIII of 1961, Sec. 12 (w.ef. 23rd June, 1961).

4. Vide Maharashtra Act III of 1965, Sec. 6 (w.ef. 14th January, 1963).

5. Vide Bombay Act VIII of 1954, Sec. 2 and Schedule (w.ef. 10th February, 1954) and XCVII of 1958.

6. Vide Maharashtra Act XXV of 1976, Sec. 2 (w.ef. Ist February, 1977).

7. Vide Mysore Act XIII of 1965, Sec. 66 and Schedule (w.ef. Ist October, 1965).

8. Vide Rajasthan Act XI of 1976, published in the Rajasthan Gazette, Extraordinary, 4 (ka), dated 13th February, 1976.

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 Sec. 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of Sec. 20 shall not exceed ten times the aggregate amount of such excess 2 [or ten rupees per head, as the case may be].

(2) The authority may deal with any number of separate pending applications presented, under Sec. 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.

STATE AMENDMENTS

Gujarat. - Same as in Maharashtra.3

Maharashtra. - After Sec. 21, insert the following section, namely:

1. Subs. by Act 30 of 1957, Sec. 13,for the words “A single application” (w.ef. 17th September, 1957).

2. Ins. by Sec. 13, ibid.

3. Vide Gujarat Act XXII of 1961, Sec. 3 (w.ef. 18th May, 1961).

21 -A. Liability for payment of court fee. –

(1) In any proceedings under Sec. 10, the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings:

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

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

1. Vide Maharashtra Act X of 1961, Sec. 3 (w.ef. 15th February, 1961).

1[22. Penalties for certain offences. - Any employer who, -

(a) Pays to any employee less than the minimum rates of wage fixed for 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 Sec. 13, 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 Sec. 20.

STATE AMENDMENT

Maharashtra. - In Sec. 22, in Cl. (a) after the words “provisions of this Act”, add the words or fails to pay the wage, within the time prescribed under sub-section (1) of Sec. 22.²

After Sec. 22, add the following new section, namely:

1. Subs. by Act 30 of 1957, Sec. 14,for Sec. 22 (w.ef. 17th September, 1957).

2. Vide Maharashtra Act III of 1963, Sec. 7 (w.ef. 14th January, 1963).

'22-I-A. Penalty for obstructing Inspector. - Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers, records or other documents in his custody kept in pursuance of this Act, and which he is required to produce by or under this Act shall, on conviction, be punished with fine which may extend to five hundred rupees.”1

1. Ibid. Sec. 8 (w.ef. 14th January, 1963).

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

22-B. Cognizance of offences. –

(1) No Court shall take cognizance of a complaint against any person for an offence, -

(a) Under Cl. (a) of Sec. 22 unless an application in respect of the facts constituting such offence has been presented under Sec. 20 and has been granted wholly or in part, and the appropriate Government or an officer authorized by it in this behalf has sanctioned the making of the complaint;

(b) Under Cl. (b) of Sec. 23 or under Sec. 99-A, except on a complaint made by, or with the auction of, an inspector.

(2) No Court shall take cognizance of an offence, -

(a) Under Cl. (a) or Cl.(b) of Sec. 22, unless complaint thereof is made within one month of the grant of sanction under this section;

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

STATE AMENDMENTS

Bihar. -In Cl. (b) of sub-section (2) of Sec. 22-B of the said Act, the following proviso shall be inserted, namely:

“Provided that the Court, if it is satisfied that the State Government or any officer authorised by it in this behalf was prevented by sufficient cause from sanctioning the making of the complaint within the period specified in sub-section (2) shall condone the delay and allow the complaint to be made even after the expiry of the said period.”1

Gujarat. - In Sec. 22-B, for Cl. (b) of sub-section (2), substitute the following:

“(b) Under Sec. 22-A, unless the complaint there of is made within six months of the date on which the offence becomes known to the Inspector.”2

Madhya Pradesh. - In Sec. 22-B, -

(1) In sub-section (1), in Cl. (a), for the words “unless an application in respect of the facts constituting such offence has been presented under Sec. 20”, substitute the words “unless a claim under Sec. 20 has been preferred before the authority”; and

(2) In sub-section (2), Cl. (a), for the words “one month”, substitute the words “three months'. 3

Maharashtra. - Same as in Gujarat.4

1. Vide Bihar Act 9 of 1988, Sec. 4 (w.ef. 19th February, 1988).

2. Vide Gujarat Act 22 of 1961, Sec. 4 (w.ef. 18th May, 1961).

3. Vide M.P. Act 23 of 1961, Sec. 13 (w.ef. 26th June, 1961).

4. See Maharashtra Act of 1961, Sec. 4 (w.ef. 13th February, 1961).

22-C. Offences by companies. –

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

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

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by 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.

STATE AMENDMENTS

Madhya Pradesh. - After Sec. 22-C add the following:

“22-C. Liability of principals in certain cases. –

(1) Subject to the provisions of sub-section (2), were in any scheduled employment in respect of which minimum rate of wages have been fixed under this Act, any other person (hereinafter in this section referred to as principal) contracts with any other person (hereinafter in this section referred to as contractor) for having any goods made for sale for the purposes of the trade or business o the principal either wholly or partly out of materials supplied to the con tractor by the principal, then notwithstanding that the employees for making such goods are employed by the con tractor, the principal shall also in addition to the contractor before all purposes of this Act to be the employer in relation to the employees:

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

(2) The provisions of this section shall apply only to such scheduled employments as the State Government may, by notification, specify in that behalf.”1

Uttar Pradesh. -In its application to the State of Uttar Pradesh, after Sec. 22-C, insert Sec. 22-C as under-

1. M.P. Act XI of l959, Sec. 2 as amended by M.P. Act XXIII of l961, Sec. 21 (b), dated 23^rd June, 1961.

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

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

(ii) After the institution of the prosecution, the composition shall amount to acquittal of the offender.”1

1. Vide U.P. Act 35 of 1979, Sec. 5 (w.ef. 21st December, 1979).

22-D. Payment of undisbursed amounts due to employees. - All amounts pay- able 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.

STATE AMENDMENT

Madhya Pradesh. - Section 22-D of the Principal Act shall be re-numbered as Sec. 23.1

1. M.P. Act 23 of 1961, Sec. 21 (c) (w.e.f. 23rd June, 1961).

22-E. Protection against attachment of assets of employer with Government. -Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with the 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 employer other than any debt or liability incurred by employer towards any employee employee in connection with the contract aforesaid.

22-F. Application of Payment of Wages Act, 1936, to scheduled employment.-

(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 Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.

STATE AMENDMENT

Madhya Pradesh. -In Sec. 22-F, in sub-section (2), for the words “local limits”, substitute the word “area “. 1

After Sec. 22-F, add the following:

1. M.P. Act XXIII of 1961, Sec. 14 (w.e.f. 23rd June, 1961).

'22-G. Registration of certain scheduled employment. –

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

(2) Nothing in sub-section (1) shall apply to such establishments to which the provisions of the Factories Act, 1948 (63 of 194q), or the Madhya Pradesh Shops and Establishments Act, 1958 (25 of 1958) apply.”1

1. Vide Sec. 15, M.P. Act XXIII of 1961 (w.e.f. 23rd June, 1961).

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

STATE AMENDMENT

Madhya Pradesh. - Section 23 of the principal Act shall be re-numbered as Sec. 22-D of that Act.1

1. Vide Sec. 21 (e), (ibid) (w.e.f. 23rd June, 1961).

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 Sec. 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

(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 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[(2-A) The appropriate Government may, if it is of opinion that having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment or in a scheduled employment generally or in a scheduled employment in a local area, 3[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 3[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.

STATE AMENDMENT

Madhya Pradesh. - In Sec. 26 after sub-section (2-A), add the following new sub-section

“(2-AA) Where the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may by notification and subject to such condition, if any, as may be specified therein, direct that all or any of the provisions of this Act shall not any in relation to all or any class of employers in any scheduled employment. “4

Maharashtra. - In Sec. 26 to sub-section (2-A), insert the following proviso:

“Provided that the Powers of the State Government under this sub- section may, subject to the control of State Government be exercised by the Commissioner of Labour.”5

1. Ins. by Act XXX of 1957, Sec. 15 (w.e.f 17th September, 1957).

2. Ins. by Act 26 of 1954, Sec. 5 (w.ef. 20th May, 1954).

3. Ins. by Act 30 of 1957, Sec. 15 (w.ef. 17th September, 1957).

4. Vide M.P. Act XXIII of 1961, Sec. 16 (w.ef. 23rd June, 1961).

5. Vide Maharashtra Act III of 1963, Sec. 9 (w.ef. 14th January, 1963).

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.

STATE AMENDMENT

Madhya Pradesh. - For Sec. 27, substitute the following:

“27. The State Government, after giving by notification not less than three months notice of its intention so to do, may, by like notification-

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

(b) Modify or rescind any entry in either Part of the Schedule,

And thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.1

After Sec. 27, add the following sections, namely:

1. Vide M.P. Act XXIII of 1961, Sec. 17 (w.e.f 23rd June, 1961).

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

27-B. Delegation of power. -

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

(2) Nothing in the Act shall derogate from the right of the State Government to exercise any power delegated to any officer or authority subordinate to it. 1

Scope. -A combined reading of the aforesaid, provisions as well as the object of the legislation as indicated earlier make it explicitly clear that the State Government can add to either part of the Schedule any employment where persons are employed for hire or reward to do any work skilled or-unskilled, manual or clerical. If the persons employed do not do the work of any skilled or unskilled or of a manual or clerical. If the persons employed do not do the work of any skilled or unskilled or of a manual of clerical employment in the Schedule in exercise of power under Sec. 27 of the Act. Since the teachers of an educational institution are not employed to do any skilled or unskilled or manual or clerical work and, therefore, could not be held to be an employee under Sec. 2 (j) of the Act. It is beyond the competence of the State Government to bring them under the purview of the Act by adding the employment in educational institution in the schedule in exercise of power under Sec. 27 of the Act.2

1. Vide M.P. Act Sec. 18, ibid (w.e.f. 23rd June, 1961).

2. Haryana Unrecognised Schools Association v. State of Haryana, 1996 L.L.R. 560 at p. 563 (S.C.).

28. Power of the Central Government to give directions. -The Central Government may give directions to a 1[State Government] as to the carrying into execution of this Act in the 2[State.]

1. Subs. by A.L.O. 1950, for the words 'Provincial Government”.

2. Subs. by ibid. for the word “Provinces'.

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

30. Power of appropriate Government to make rules. -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, subcommittees, 1[* * *] 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 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 his Inspector for purposes of this Act;

(1) Regulate the scale of costs that may be allowed in proceedings under Sec. 20;

(m) Prescribe the amount of court-fees payable in respect of proceedings under Sec. 20; and

(n) Provide for any other matter which is to be or may be prescribed,

STATE AMENDMENTS

Madhya Pradesh. - After Sec. 30 of the principal Act, add the following:

1. The words 'Advisory committees, Advisory sub- committees' omitted by Act 30 of 1957, Sec. 16.

“30-A Removal of difficulties. -If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulties”.1

Maharashtra. - (1) In Sec. 30 in Cl. (g), for the words “a normal working day”, substitute the words' a normal working day or week”; and

(2) In Cl. (j), for the words “wage slips”, at both places where they occur, substitute the words or wage slips and attendance cards.2

1. Vide M.P. Act XIII of 1961, Sec. 19 (w.e.f. 23rd June, 1961).

2. Vide Maharashtra Act III of 1963, Sec. 10 (w.e.f. 14th January, 1963).

1[30-A. 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.]

1. Ins. by Act 31 of 1961, Sec. 3 (w.e.f 28th August 1961).

1[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 Cl. (a) of sub-section (1) of Sec. 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 to 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 or non-compliance during the period aforesaid with any order or rule issued under Sec. 13.]

1. Subs. by Act 31 of 1961, Sec. 4,for Sec. 31, which was ins. by Act 26 of 1954, Sec. 6 (w.e.f. 28th August, 1961).

STATE AMENDMENTS

Madhya Pradesh. -After Sec. 31 of the principal Act, add the following:

“31-A. Validation of certain minimum rates of wages. –

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

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

Provided that nothing contained in this section shall extend or be construed to extend to affect any person with any punishment or penalty whatsoever by reason of the payment by way of wages to any of the employees during the period between the dates on which the aforesaid notifications came into force and the date on which this Act comes into force an amount which is less than the minimum rates of wages immediately prevailing before the said notification or by reason of non-compliance during the period aforesaid with any order or rule issued under Sec. 13 of the principal Act.”1

Rajasthan. -After Sec. 31 of the principal Act, add the following, namely:

“31-A. Validation of certain minimum rates of wages. - The rates of minimum wages fixed or revised before the commencement of the Minimum Wages (Rajasthan Amendment and Validation) Ordinance, 1968, in respect of employment Nos. 1, 2, 3, 5, 6, 7, 8, 10, 11, 13, 14, 16, 17, in Part I of the Schedule to the Act and employment in agriculture in Part II of the Schedule to the Act shall be and shall be deemed always to have been validly fixed or revised, as the case may be, and shall be deemed to have come into force on the date such fixation or revision has been brought into force by the State Government by a notification in the Official Gazette, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the Committee or the sub-committee, or the Advisory Board under Sec. 5 or Sec. 7 of the Act read with Sec. 9 thereof or publication of the notification in the Official Gazette or non-compliance with any requirement of law and shall not be called in question in any Court merely on the ground that there was a failure to comply with the provisions of the Act. 2

1. Vide M.P. Act XXIII of 1961, Sec. 20 (w.e.f. 23rd June, 1961).

2. Vide Rajasthan Act IV of 1969, Sec. 4 (w.e.f. 4th April, 1969).

THE SCHEDULE

[See Secs. 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.

1[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.

2[Employment in gypsum mines.

Employment in barytes mines.

3[Employment in Marble and Calcite mines.] Employment in bauxite mines.]

4[Employment in manganese mines.]

5[Employment in the maintenance of buildings and employment in the construction and maintenance of runways.]

6[Employment in China clay mines. Employment in Kyanite mines.]

7[Employment in magnesite mines.]

8[Employment in copper mines.]

9[Employment in clay mines covered under the Mines Act, 1952 (35 of 19521.

10[Employment in magnesite mines covered under the Mines Act, 1952 (35 of 1952)].

11[Employment in white clay mines.]

12[Employment in stone mines.]

13 [Employment in Stealite mines (including the mines producing Soapstone and

Talc) covered under the Mines Act, 1952 (35 of 1952).]

14[Employment in ochre mines.]

15[Employment in asbestos mines.]

16[Employment in chromite mines.]

17[Employment in graphite mines.]

18[Employment in laterite mines.]

Employment in dolomite mines.]

19[Employment in walfram mines.]

20[Employment in iron ore mines.]

21[Employment in granite mines.].

22[Employment in hematite mines.]

23[Employment in loading and unloading in Railways, goods sheds, docks and ports.]

24[Employment in ashpit cleaning on Railways.]

25[Employment in Rock Phosphate Mines.]

PART II

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

STATE AMENDMENTS

Gujarat.- Amendment of Schedule to Act XI of 1948:26 (1) In the Schedule to the principal Act, in Part I, thefollowing entries shall be deleted, namely-

(a) The entries-

(i) “Employment in salt pan industry”,

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

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

(iv) “Employment in any cotton ginning or cotton pressing manufactory”, as added to the said Schedule in its-application to the Bombay area of the State of Gujarat;

(b) The entries-

(i) “Employment in salt pan industry', and

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

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

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

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

“13. Employment in any residential hotel, restaurant or eating-house as defined in the Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948).

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

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

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

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

(3) The deletion under sub-section (1) of any entry specified in that sub-section shall not affect any minimum rates of wages in force under the principal Act, immediately before the commencement of this Act in any area in respect of any employment specified in such entry, and such rates shall, subject to the provisions of Cl. (b) of sub-section (1) of Sec. 3 of the principal Act, continue in force in such area as if they are specified in the Schedule to the principal Act as amended by this section.

Maharashtra.-Amendment of Schedule to Act XI of 1948- (1) In the Schedule to the principal Act, in Part 1, thefollowing entries shall be deleted, namely. -

(a) The entries-

(i) “Employment in salt industry.

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

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

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

(b) The entries-

(i) “13. Employment in glass Industry”,

(ii) '14. Employment in oil mills”,

(iii) “15. Employment of transport services”,

(iv) “ 16. Employment in cement industry”

(v) “17. Employment in potteries',

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

(vii) “19. Employment in any printing press”,

As added to the said Schedule in its application to the Vidarbha region of the State.

(i) “13. the employment in button factories”, and

(ii) “The employment in the cotton ginning and pressing factories”, as added to the said Schedule in its application to the Hyderabad area of the State; and

(d) The entry-

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

Explanation. -(1) For the purposes of this entry, the expressions 'shop' and 'commercial establishment' shall have the same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948, as added to the said Schedule in its application to the State Of Maharashtra.

(2) In Part I of the Schedule to the principal Act, after entry 12, thefollowing entries shall be deemed always to have been added to the said Part in its application to the State of Maharashtra, namely-

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

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

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

16. Employment in glass industry.

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

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

18. Employment in potteries”.

(3) The deletion in pursuance of sub-section (1) of any entry specified in sub-clause (ii), (iii) or (iv) of Cl. (a), sub-clause (i), (ii), (iii), (v), (vi), or (vii) of Cl. (b), sub-clause (ii) of Cl. (c), or Cl. (d) of sub-section (1) shall not effect any minimum rates of wages which may have been fixed in respect of any employment specified in such entry under sub-clause (iii) of Cl. (a) of sub-section (1) of Sec. 3 of the principal Act before the commencement of this Act and in force in any area immediately before such commencement, and such rates shall, subject to the provisions of Cl. (b) of sub-section (i) of the said Sec. 3 continue in force in such area as if they had been fixed in respect of the corresponding employment specified in the Schedule to the principal Act as amended by this section.27

Amendment of Schedule to Act XI of 1948: - In the Schedule to the principal Act, in Part I, in entry 17,for the words “other than that covered”, the words “not being an employment in any bank or an employment which is included” shall be substituted.28

Uttar Pradesh. -In Part I of the Schedule to the Minimum Wages Act, 1948for the employment appearing at Serial Number 63, thefollowing employment shall be substituted: -

“ 63, Employment in Private Hospitials, Clinics and Medical Shops, by whatever name called.”29

1. Subs. by Act 30 of 1957, Sec. 18,for item No. 7 (with retrospective effect).

2. Ins. by S.O. 3760 dated the 4th December 1962 (w.e.f. 15th December, 1962).

3. Ins. by S.O. 3455, dated 20th August, 1983.

4. Ins. by S.O. 4030, dated the 30th October, 1967 (w.e.f. 11th November, 1967).

5. Ins. by S. 0. 1987, dated the 30th May, 1968.

6. Ins. by S.O. 586, dated the 5th February, 1970 (w.e.f 5th February, 1970).

7. Ins. by S.O. 2357, dated 5th Febuary, 1970 (w.e.f. 5th Febuary, 1970).

8. Ins. by S.O. 795, dated the 13th February, 1970.

9. Ins. b7y S.O. 796, dated the 18th February, 1970.

10. Ins. by S.O. 2357, dated the Ist July, 1970.

11. Ins. by S.O. 3896, dated the 3rd September, 1971.

12. Ins by S.O. 3898, dated the 15th September, 1971.

13. Ins. S.O. 2972, dated the Ist July, 1972 (w.e.f. 21st October, 1972).

14. Ins. S.O. 2973, dated the lst July, 1972 (w.e.f. 21st October, 1972).

15. Ins. by S.O. 2974, dated the 6th July, 1972 (w.e.f. 21st October, 1972).

16. Ins. by S.O. 231 1, dated the 19th July, 19,75 (w.e.f. 19th July, 1975).

17. Ins. by S.O. 558, dated the 12th February, 1977 (w.e.f .12th February, 1977).

18. Ins. bi S.O. 2950, dated the 7tl* October, 1,978 (w.e.f. 7th October, 1978)

19. Ins. by S.O. 3671, dated the 23rd December, 1979'(w.e.f. 23rd December, 1978.).

20. Ins. by S.O. 1757, dated the 28th June, 1980 (w.e.f. 20th June, 1980).

21. Ins. by S.O. 2473, dated the 20th September, 1980 (w.ef. 20th September, 1980).

22. Ins. by S.O. 1957, dated the 23rd April, 1983 (w.e.f 23rd April, 1983).

23. Ins. by S. O. 2092, dated the 7th May, 1983 (w.e.f. 7th May, 1983).

24. Ins. by S.O. 2093, dated the 7th May, 1983 (w.e.f 7th May, 1983).

25. Ins. by S.O. 1824, dated 22nd March, 1983.

26. Vide Gujarat Act XXII of 1961 (w.e.f. 18th May, 1961).

27. Vide Maharashtra Act X of 1961, (w.ef. 15th February, 1961).

28. Vide Maharashtra Act III of 1963, Sec. 11 (w.ef. 14th January 1963).

29. Vide Noti. No. 3418IXXXVI-3-8 (M. W.) 83, dated 12th October, 1992.