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MINIMUM WAGES ACT

Ministry of Law and Justice

Act nº 11 of 1948


  • Schedules
  • Act nº 11 of 1948

Preamble

THE MINIMUM WAGES ACT, 19481

[Act, No. 11 of 1948]

[15th March, 1948]

PREAMBLE

An Act to provide for fixing minimum rates of wages in certain employments.

WHEREAS it is expedient to provide for fixing minimum rates of wages in certain employments;

It is hereby enacted as follows:--

1. For Statement of Objects and Reasons, see Gazette of India, 1946, Pt. V, p. 224 and for the Report of the Select Committee, see Gazette of India, 1948, Pt. V, pp. 55-58.

This Act has been exended to Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Sch. I, to pondicherry by Reg. 7 of 1963 section 3 and Sch. I and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, section 3 and Sch.


Section 1. Short title and extent

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

(2) It extends to1[the whole of India]2[* * *].

1. Substituted by the A.O. 1950, for 'all the Provinces of India'.

2. The words 'except the State of Jammu and Kashmir' omitted by Act 51 of 1970, section 2 and Sch. w.e.f. 1-9-1971.4


Section 2. Interpretation

Inthis 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 buthas 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 employmentcarried on y or under the authority of the 2 [Central Government or arailway administration], or in relation to a mine, oilfield or major port, orany corporation established by 3 [aCentral Act,] the Central Government, and

(ii) in relation to any other scheduledemployment, the 4 [StateGovernment;]

5 [(bb)''child'' means a person who has not completed his fourteenth year of age;]

(c)''competent authority'' means the authority appointed by the appropriateGovernment by notification in its Official Gazette to ascertain from time totime the cost of living index number applicable to the employees employed in thescheduled employments specified in such notification.

(d)''cost of living index number'', in relation to employees in any scheduledemployment in respect of which minimum rates of wages have been fixed, means theindex number ascertained and declared by the competent authority by notificationin the Official Gazette to be the cost of living index number applicable toemployees in such employment.

(e)''employer'' means any person who employs, whether directly or through anotherperson, or whether on behalf of himself or any other person, one or moreemployees in any scheduled employment in respect of which minimum rates of wageshave been fixed under this Act, and includes, except in sub-section (3)of section 26,--

(i) in a factory where there is carried on anyscheduled employment in respect of which minimum rates of wages have been fixedunder this Act, any person named under 6 [clause (f) of sub-section7of 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 inrespect of which minimum rates of wages have been fixed under this Act, theperson or authority appointed by such Government for the supervision and controlof employees or where no person or authority is so appointed, the head of thedepartment;

(iii)in any scheduled employment under any local authority in respect of whichminimum rates of wages have been fixed under this Act, the person appointed bysuch authority for the supervision and control of employees or where no personis so appointed, the chief executive officer of the local authority;

(iv)in any other case where there is carried on any scheduled employment in respectof which minimum rates of wages have been fixed under this Act, any personresponsible to the owner for the supervision and control of the employees or forthe payment of wages;

(f)''prescribed'' means prescribed by rules made under this Act;

(g)''Scheduled employment'' means an employment specified in the Schedule, or anyprocess or branch of work forming part of such employment;

(h) ''wages'' means all remuneration, capableof being expressed in terms of money which would, if the terms of the contractof employment, express or implied, were fulfilled, be payable to a personemployed in respect of his employment or of work done in such employment 7 [and includes house rentallowance], but does not include--

(i)the value of

(a) anyhouse accommodation, supply of light, water, medical attendance, or

(b) anyother amenity or any service excluded by general or special order of theappropriate Government;

(ii)any contribution paid by the employer to any Pension Fund or Provident Fund orunder 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 himby 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 scheduled employment in respect ofwhich minimum rates of wages have been fixed; and includes an out-workerto whom any articles or materials are given out by another person to be made up,cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwiseprocessed for sale for the purposes of the trade or business of that otherperson where the process is to be carried out either in the home of the out-workeror in some other premises not being premises under the control and management ofthat other person; and also includes an employee declared to be an employee bythe appropriate Government; but does not include any member of the Armed Forcesof the 8 [union].

STATEAMENDMENTS

Madhya Pradesh--(1)In clause (e) of section 2,for the words,brackets and figures "and includes,except in sub-section (3) of section 26", substitute the words,brackets and figures "andincludes a person deemed to be employer under section 22CCand further includes, except insub-section (3) of section 26" [Vide M.P. Act 11 of 1959,sec. 2 (w.e.f.1-6-1959)and M.P. Act 23 of 1961,see. 21 (b) (w.e.f.23-6-1961)]

(2) Clause(i)of section 2 shall be re-numbered asclause (ee) and to that clause following Explanation shall be added:--

"Explanation.--Anemployee who has been dismissed, discharged or retrenched from employmentor whose employment has been otherwise terminated shall, in respect of allclaims arising out of payment of lessthan the minimum rates of wages or in respect ofthe paymentof remuneration for days of rest or for work done on such days under clauses(b), (c) of sub-section (1) ofsection 13 or wages at the overtimerate under section 14 duringthe period of his employment, bedeemed to be an employee for the purpose of this Act." [Vide M.P.Act 23 of 1961, sec. 2 (w.e.f. 23-6-1961)].

Maharashtra--Inclause (i) of section 2, for the words "andmanagement of that other person", substitute thewords "and management of that otherperson: and includes for the purposesof sections 20, 21,22A, 22B,22C and 22Dany person who has been an employee andwho has ceased to be so by reason of superannuation, retirement, dismissal,removal, discharge, termination ofhis service, or otherwise howsoever." [Vide Maharashtra Act 3 of 1963.sec. 2 (w.e.f.14-1-1963)]

1. Substituted by Act 61 of 1986, section 23, for clause(a) w.e.f. 23-12-1986.

2. Substituted by Act 30 of 1957, section 2, for"Central Government, by a railway administration" w.e.f. 17-9-1957.

3 . Substituted by the A.O. 1950, for "an Act of thecentral Legislature".

4. Substituted by A.O. 1950, for "ProvincialGovernment".

5. Inserted by Act 61 of 1986, section 23 w.e.f.23-12-1986.

6. Substituted by Act 26 of 1954, section 2 for "Clause(e) of sub- section (1) of section 9 of the Factories Act, 1934 25 of 1934"w.e.f. 1954.

7. Inserted by Act 30 of 1957, section 2 w.e.f. 17-9-1957.

8. Substitutedby the A.O. 1950, for "Crown".


Section 3. Fixing of minimum rates of wages

1[(1) The appropriate Government shall, in the manner hereinafter provided.

2[(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27 :

Provided that the appropriate Government may, in prespect of employees employed in an employment specified in part II of the Schedule, instead of fixing minimum rates of wagesunder this clause for the whole state, fix 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 party 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 minimumrates, 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 form reviewing the minimum rates after the expire of the said period of five years and revising them. if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force. ]

(1A) Notwithstanding anything contained in sub- section (1) the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time,4[* * *]the appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment5[as soon as may be after such finding].]

(2) The appropriate Government may fix--

(a) a minimum rate of wages for time work (hereinafter referred to as 'a minimum time rate');

(b) a minimum rate of wages for piece work (hereinafter referred to as 'minimum piece rate');

(c) a minimum rate of remuneration to apply in the case of employees employed en 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 minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as 'overtime rate');

6[(2A) Where in respect of an industrial dispute relating to the rates of wages payable to and of the employees employed in a scheduled employment, any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947) or before any like authority under any other law for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the schedule d employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period; and where such proceeding or award relates to the rates of wages payable to all the employees in the schedule d 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 a month or for a day, as the case may be, may be indicated:]

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

STATE AMENDMENTS

Gujarat--In section 3 of the Act--

to sub-section (1A), 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, nothing contained in this sub-section shall, after the commencement 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." [Vide Gujarat Act 22 of 1961, sec. 2 (w.e.f. 18-5-1961)]

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 section 3--

in the opening words for the words "The appropriate Government", substitute the words "The State Government" . [Vide Kerala Act 18 of I960., sec. 2 (w.e.f. 2-9-1960)]

Madhya Pradesh--(1) To sub-section (1A) of section 3, 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 Slate, 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) After sub-section (1A) of section 3, add the following sub-section, namely:--

"(1B) Notwithstanding anything contained in sub-section (1), the State Government may, at the time of review under clause (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 (1);

(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 clause (a) or clause (b)for the whole State or for any such part thereof for which they were not fixed under sub­section (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."

(3) In sub-clause (iii) of clause (a) of sub-section (3) of section 3, after the word "adults" insert the words and brackets ''(males and females)" [Vide M.P. Act 23 of 1961, see. 3 (w.e.f. 23-6-1961)]

Maharashtra--(1) To sub-section (1A) of section 3, 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." [Vide Maharashtra Act 10 of 1961, sec. 2 (w.e.f. 15-2-1961)]

(2) For the proviso to clause (a) of sub-section (1) of section 3, substitute the following, namely:--

"Provided that the Stale 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." [Vide Maharashtra Act 3 of 1963, sec. 3 (w.e.f. 14-1-1963)]

1. Substituted by Act 26 of 1954, section 3, for sub-section (1) w.e.f. 20-5-1954.

2. Substituted by Act 31 of 1961, section 2, for clause (a) w.e.f. 28-8-1961.

3. Inserted by Act 30 of 1957, section 3 w.e.f. 17-9-1957.

4. Certain words omitted by Act 30 of 1961, section 2 w.e.f. 28-8-1961.

5. Substituted by Act 31 of 1961, section 2, for "Within one year from the date on which it comes to such finding" w.e.f. 28-8-1961.

6. Inserted by Act 31 of 1961, section 2 w.e.f. 28-8-1961.

7. Substituted by Act 30 of 1957, section 3 for clause (b) w.e.f. 17-9-1957.


Section 4. Minimum rate of wages

(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of--

(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the ''coast of living allowance'); or

(ii) a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised; or

(iii) an all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.

(2) The cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at 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--(1) In its application to the State of Madhya Pradesh section 11 of the principal Act is to be renumbered as section 4A. [Vide M.P. Act 23 of 1961, sec. 21 (w.e.f. 23-6-1961)]

Section 5. Procedure for fixing and revising minimum wages

1[ 5. Procedure for fixing and revising minimum wages.--

(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either--

(a) appoint as many committees and sub- committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or

(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months form the date of the notification, on which the proposals will be taken into consideration.

(2) After considering the advice of the committee or committees appointed under clause (a) of sub- section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub- section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue;

Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub- section (1), the appropriate Government shall consult the Advisory Board also. ]

STATE AMENDMENTS

Assam--To clause (a) of sub-section (1) of section 5 add at the end the following proviso, after adding a colon after the word "be" and deleting the comma and the word "or" namely:--

"Provided the committees and sub-committees as so appointed may advise She appropriate Government in respect of fixation of wages on interim measure after holding such prelimi­nary enquiries as the necessary committee or the sub-committee, as the case may be, considers 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." [Vide Assam Act 19 of 1964, sec. 2 (w.e.f 11-8-1964)]

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 3 of this Act says that notwithstanding anything contained in section 5 of the principal Act of 1948 as applicable to State of Madhya Pradesh or any other provision contained therein in that behalf or any judgment, decree or order of any Court to the contrary, the State can fix minimum rates of wages in respect of employment in items 2, 3, 5, 6, 7, 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 1st January, 1959.

Section 4 of that M.P. Act (16 of 1962) states that the States shall also have power to revise the rates fixed, from time to time.

1. Substituted by Act 30 of 1957, section 4, for section 5 w.e.f. 17-9-1957.


Section 6. Advisory committees and sub-committees [Repealed]

[Rep. by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), section 5.]

Section 7. Advisory

For the purpose of co- ordinating the work of1[committees and sub- committees appointed under section 5] and advising the appropriate Government generally in the matter of fixing and revising minimum rates of wages, the appropriate Government shall appoint an Advisory Board.

1. Substituted by Act 30 of 1957 section 6, for "committees, advisory committees and advisory sub-committees appoin ted under section 5 and 6" w.e.f. 17-9-1957.


Section 8. Central Advisory Board

(1) For the purpose of advising the Central and1[State Governments] in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co- ordinating the work of the Advisory Boards, the central Government shall appoint a Central Advisory Board.

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

1. Substituted by A.O. 1950 for "Provincial Governments".


Section 9. Composition of committees, etc.

Each of the committees, sub- committees1[* * *] 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 person not exceeding one- third of its total number of members of members; one of such independent persons shall be appointed the Chairman by the appropriate Government.

STATE AMENDMENTS

Madhya Pradesh--In section 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 persons" 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 clause (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

(c) an officer of federation of trade unions in the State to which trade union referred to in clause (b) is affiliated."

After section 9, insert the following section 9A:

"9A. Finality of orders consisting Board, Committee, sub-committee, etc.--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 subcommittee." [Vide M.P. Act 23 of 1961, sec. 5 (w.e.f. 23-6-1961).]

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

"Explanation.--For the purposes of this section, an officer of the Stale Government shall be deemed to be 'independent' notwithstanding that the State Government is an employer in any scheduled employment." [Vide Rajasthan Act 4 of 1969, sec. 3 (w.e.f. 4-4-1969)]

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

"9A. Finality of order constituting Board, Committee, sub-committee, etc.-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 action or proceedings before any Board, Committeeor 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." [Vide Rajasthan Act 4 of 1969, sec. 3 (w.e.f. 4-4-1969)]

Tamil Nadu--"9A. 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 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." [Vide Tamil Nadu Act 47 of 1981, sec. 2 (w.e.f. 1-10-1981)]

1. The Words "advisory committees, advisory sub-committees" omitted by Act 30 of 1957, section 7 w.e.f. 17-9-1957.


Section 10. Correction of errors

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. Substituted by Act 30 of 1957, section 8, for section 10 w.e.f. 17-9-1957.


Section 11. Wages in kind

(1) Minimum wages payable under this Act shall be paid in cash.

(2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate Government being of the opinion that it is necessary in the circumstances of the case may, by notification in the Official Gazette, authorise the payment of minimum wages either wholly or partly in kind.

(3) If the appropriate Government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate Government may, by notification in the Official Gazette, authorise the provision of such supplies at concession rates.

(4) The cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorised under sub-section (2) and (3) shall be estimated in the prescribed manner.

STATE AMENDMENT

Madhya Pradesh--Re-number section 11 of the the principal Act, as section 4A. [Vide M.P. Act 23 of 1961, sec. 21 (w.e.f. 23-6-1961)]

Section 12. Payment of minimum rates of wages

(1) Where in respect of any scheduled employment a notification under section 51[* * *]is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deduction except as may be authorised within such time and subject to such conditions as may be prescribed.

(2) Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

STATE AMENDMENT

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

"(1A) Where immediately before the issue of a notification under section 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 and the wages so payable shall be deemed to be the minimum wages for the purposes of this Act." [Vide M.P. Act 23 of 1961, sec. 6 (w.e.f. 23-6-1961)]

(2) Provisions of this section shall apply to minimum rates of wages specified in section 3. [See M.P. Act 16 of 1962, sec. 4 (w.e.f. 5-8-1962)]

1. The words "or section 10" omitted by Act 30 of 1957, section 9 w.e.f. 17-9-1957.


Section 13. Fixing hours for a normal working day, etc.

1[(1)] In regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this Act, the appropriate Government may--

(a) fix the number of hours of work which shall constitute a normal working day,inclusive of one or more specified intervals;

(b) Provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;

(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.

2[(2) The provisions of sub- section (1) shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed:--

(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented;

(b) employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;

(c) employees whose employment is essentially intermittent.

(d) employees engaged in any work which for technical reasons has to be completed before the duty is over;

(e) employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

(3) For the purposes of clause (c) of sub- section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention. ]

STATE AMENDMENT

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

"(aa) fix the number of hours of work which shall constitute a normal working week"; and

(2) In section 13, in sub-section (3), after the words "the appropriate Government'', insert 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." [Vide Maharashtra Act 3 of 1963, sec. 4 (w.e.f. 14-1-1963).]

1. Section 13 re-numbered as sub-section (1) of that by Act 30 of 1957, section 10 w.e.f. 17-9-1957.

2. Added by Act 30 of 1957, section 10 w.e.f. 17-9-1957.


Section 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 constitution 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 of1[section 59 of the Factories Act, 1948 (3 of 1948)] in any case where those provisions are applicable.

STATE AMENDMENT

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

"(1A) 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." [Vide M.P. Act 23 of 1961, sec. 7 (w.e.f. 23-6-1961).]

1. Substituted by Act 26 of 1954, section 4 for "section 47 of the Factories Act, 1934 25 of 1934" w.e.f. 20-5-1954.