EQUAL REMUNERATION (UTTAR PRADESH AMENDMENT) ACT, 2017
(U.P. Act 17 of 2018)
Received the assent of the President on January 12, 2018 and published in the U.P. Gazette, Extraordinary, Part I, Section (Ka), dated 1st February, 2018, pp. 2-3, SI. No. 38.
An Act further to amend the Equal Remuneration Act, 1976 in its application to Uttar Pradesh It is hereby enacted in the Sixty-eight Year of the Republic of India as follows -
1. Short title and extent. - (1) This Act may be called the Equal Remuneration (Uttar Pradesh Amendment) Act, 2017.
(2) It shall extend to the whole of Uttar Pradesh.
Object & Reasons
Statement of Objects and Reasons. - The Equal Remuneration Act, 1976, has been enacted by the Central Government with the object of eliminating the gender based discrimination in payment of wages and other emoluments.
From last decade there has been a growing demand for the introduction of provisions for compounding of small offences in order to avoid unnecessary litigation and to reduce the number of cases pending in courts. After due consideration and consultation with association of employers and trade unions, it has been decided to compound the first offence orr payment of fifty per cent of the fine as compounding fee along with prescribed fine for the offence under the said Act.
The Equal Remuneration (Uttar Pradesh Amendment) Bill, 2017 is introduced accordingly.
2. Insertion of Section 11-A of Act 25 of 1976. - After Section 11 of the Equal Remuneration Act, 1976 the following section shall be inserted, namely -
"11-A. Composition of offences - (1) Any offence punishable under this Act with fine only or with imprisonment up to one month or with both shall be compounded on the application of accused before or after institution of prosecution by a competent authority notified by the State Government, after imposing 50% of the fine for the offence as compounding fee along with the prescribed fine:
Provided that remedy for compounding shall be available for the first offence only.
(2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to direction, control and supervision of the State Government.
(3) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
(5) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.".
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