An Act to provide for fixing minimum rates of wages in certain employments
WHEREAS it is expedient to provide forking minimum rates of wages in certain employments;
It is hereby enacted as follows
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called The Minimum Wages Act, 1948.
(2) It extends [to the whole of India] 2[except the State of Jammu and Kashmir]
SECTION 02: INTERPRETATION
In this Act, unless there is anything repugnant in the subject or context,
3[(a) "adult", "adolescent" and "child" have the meanings, respectively, assigned to them in section 2 of the Factories Act, 1948 (63 of 1948);
(b) "appropriate Government" means
(i) in relation to any scheduled employment carried on by or under the authority of the 4[Central Government or a railway administration] or in relation to a mine, oil field or major port, or any corporation established by 5[a Central Act, the Central Government; and
(ii) in relation to any other scheduled employment the 6[State Government;
(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 Official Gazette to be the cost of living index number applicable to employees in such employment;
(e) "employer" means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26
(i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under clause (f) of sub- section (1) of section 7 of the Factories Act, 1948 (63 of 1948) 7[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 8[ 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.
(j)"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 9[and management of that other person; and includes for the purposes of sections 20, 21, 22, 22-A, 22-B, 22-C & 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 service, or otherwise howsoever;] 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 10[Union]
SECTION 03: FIXING OF MINIMUM RATES OF WAGES
11[(1) The appropriate Government shall, in the manner hereinafter provided,
12[(a) fix the minimum rates or wages payable to employees employed in an employment specified in Part I or Part 11 of the Schedule and in an employment added to either part by notification under section 27:
13[Provided that, the State Government may, 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 employments in the whole of the State or any part thereof; 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 authority];
(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:
14[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 or 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.
15[(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 anytime, 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 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 "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").
16[2(2-A) Where in respect of an industrial dispute relating to the rate of wages payable to any of the employees employed in a scheduled employment any proceeding is pending before a Tribunal or National Tribunal under the Industrial Disputes Act, 1947 (14 of 1947), or before any like authority under any other law for the time being in force or an award made by the Tribunal, National Tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award; then, notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of any 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 rate of wages under this section
(a) different minimum rates of wages may be fixed for(i) different scheduled- employment; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; (iv) different localities;
17[(b) minimum rates of wages may be fixed by any one or more of the following wage periods, namely,
(i) by the hours,
(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, 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.
SECTION 04: 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 as the "cost of living allowance"); or
(ii) a basic rate of wages with or without the cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so 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.
SECTION 05: 18[PROCEDURE FOR FIXING AND REVISING MINIMUM WAGES
(i) 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 from the date of the notification, on which the proposals will be taken into consideration.
(2) After considering the advice of the committee or committees, appointed under clause (a) of sub-section (1), or as the case may be all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise 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.]
SECTION 06: [ADVISORY COMMITTEES AND SUB-COMMITTEES]
Repealed by Act 30 of 1957, s.5
SECTION 07: ADVISORY BOARD
(1) For the purpose of coordinating the work of 19[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.
SECTION 08: CENTRAL ADVISORY BOARD
(1) For the purpose of advising the Central and 20[State Government] 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 persons shall be appointed the Chairman of the Board by the Central Government.
SECTION 09: COMPOSITION OF COMMITTEES, ETC
Each of the committees, sub-committees 21[*****] 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.
SECTION 10: 22[CORRECTION OF ERRORS:
(1) The appropriate Government may, at anytime, by notification in the Official Gazette, correct clerical or arithmetical mistakes in and 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.]
SECTION 11: WAGES IN KIND
(1) Minimum wages payable under the 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 provisions 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-sections (2) and (3) shall be estimated in the prescribed manner.
SECTION 12: PAYMENT OF MINIMUM RATES OF WAGES
(1) Where in respect of any scheduled employment a notification under section 5 23[XXX] 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 rates of wages fixed by such notification for that class of employees in that employment without any deductions 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 (IV of 1936).
SECTION 13: FIXING HOURS FOR A NORMAL WORKING DAY, ETC
24(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;
25(aa) fix the number of hours of work which shall constitute a normal working week];
(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.
25[(2) The provision 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 purpose 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 26[or by an officer not below the rank of a Deputy Commissioner of Labour especially authorised by the State Government in this behalf] 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]
Footnotes:
1. Subs. by the Adaptation of Laws Order 1950 for "all the Provinces of India."
2. Subs. by Act 3 of 1951 for "except Part B States".
3. Amendment made by the Minimum Wages (Amendment) Act, 1954.
4. Subs. by the Minimum Wages (Amendment) Act 1957.
5. Subs. by the Adaptation of Laws Order, 1950.
6. Amended by the M.W (Amendment) Act, 1954.
7. Amended by the M.W. (Amendment) Act, 1954.
8. Ins. by the M.W (Amendment) Act, 1957.
9. Subs. by Mah. 3 of 1963 s.2.
10.Subs. by the Adaptation of Laws Order, 1950
11.Subs. by the M.W. (Amendment) Act, 1954.
12.Subs. by the M.W (Amendment) Act, 1961.
13.Subs. by Mah. 3 of 1963, s.3
14.Ins. by Mah. 3 of 1963, s.3.
15.Amended by the M.W. (Amendment)Act, 1961.
16.Added by the M.W. (Amendment) Act,1961.
17.Subs by the M. W. (Amendment) Act, 1957.
18.Subs. by the M.W. (Amendment) Act. 1957.
19.Subs by the M.W. (Amendment) Act, 1957.
20.Subs. by the Adaptation of Laws Order, 1950
21.Omitted by the M.W. (Amendment) Act. 1957.
22.Subs. by the M.W. (Amendment) Act, 1957
23. Deleted by M.W. (Amendment) Act, 1957.
24. Figure "(l)" inserted, ibid.1957
25. Ins. by the MW (Amendment) Act, 1957.
26. Ins By Mah 3 of 1963
SECTION 14: OVERTIME
(1) Where an employee, whose minimum rates 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 section 59 of the Factories Act, 1948 (63 of 1948), 3[in any case where those provisions are applicable]
SECTION 15: WAGES OF WORKER WHO WORKS FOR LESS THAN NORMAL WORKING DAY
It an employee whose minimum rates of wage has been fixed under this Act by the day, works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day:
Provided, however, that he shall not be entitled to receive wages for a full normal working day,
(i) in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and
(ii) in such other cases and circumstances as may be prescribed.
SECTION 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.
SECTION 17: MINIMUM TIME RATE WAGES FOR PIECE-WORK
Where an employee employed on piece-work for which minimum time rate and not minimum piece rate has been fixed under this Act, the employer shall pay to such employee wages at not less than the minimum time rate.
SECTION 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 forms as may be prescribed.
(2) every employer shall keep exhibited, in such manner, as may be prescribed in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of out-workers, in such factory, workshop or place as may be used for giving out work to them, notices in the prescribed form containing prescribed particulars.
(3) the appropriate Government may, by rules made under this Act, provide for the issue of wage books or wage Slip 4[and attendance cards] to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips 5[and attendance cards] by the employer or his agent.
SECTION 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 assistant (if any), being persons in the service of the 5[Government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to out-workers in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this Act or rules made there under, and require the production thereof for inspection;
(b) examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein;
(c) require any person giving out-work and any out-workers to give any information, which is in his power to give, with respect to the names and addresses of the persons, to, for and from whom the work is given out or received, and with respect to the payment to be made for the work;
(d) 6[seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant, in respect of an offence under this Act which he has reason to believe has been committed by an employer; and]
(e) exercise such other powers as may be prescribed.
(3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
7[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).]
SECTION 20: CLAIMS
(1) The appropriate Government may, by notification in the Official Gazette, appoint 8[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 stipendiary 9[Judicial Magistrate] to be the Authority to hear and decide for any specified area all claims arising out of the payment of less than the minimum rates of. wages 10[or in respect of wages not paid within the time prescribed under sub-section (1) of section 12] 11[or in respect of the payment of remuneration for days of rest for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14,] to employees employed or paid in that area:
11[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 purpose of this proviso the expression "Block Development Officer" has the meaning assigned to it in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961].
(2) 11[Where an employee has any claim of the nature referred to in sub-section (I)] the employee himself, or any legal practitioner or any official of a registered trade union authorised 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 [or other amounts] became payable:
Provided further that any application 13[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.
14[(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 to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;
(ii) in any other case, the payment of the amount due to the employee together with the payment of such compensation as the Authority may think fit, not exceeding ten rupees;
and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.
(4) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application.
(5) Any amount directed to be paid under this section may be recovered
(a) if the Authority is a Magistrate, by the Authority as if it were a fine imposed by the Authority as a Magistrate, or
(b) If the Authority is not a Magistrate, by any Magistrate, to whom the Authority makes application in this behalf, as if it were a fine imposed by such Magistrate.
(6) Every direction of the Authority under this section shall be final.
(7) Every Authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such Authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter, XXXV of the Code of Criminal Procedure, 1898 (5 of 1898).
SECTION 21: SINGLE APPLICATION IN RESPECT OF A NUMBER OF EMPLOYEES
15[(1) Subject to such rules as may be prescribed, a single application] may be presented under section 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 section 20 shall not exceed ten times the aggregate amount of such excess, 16[or ten rupees per heads as the case may be].
(2) The Authority may deal with any number of separate pending application presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions, of that subsection shall apply accordingly.
SECTION 21A: 17[LIABILITY FOR PAYMENT OF, COURT-FEE
(1) In any proceedings under section 20 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 section 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.]
SECTION 22: 18[PENALTIES FOR CERTAIN OFFENCES
Any employer who:-
(a) Pays to any employee less than the minimum rates of wages fixed for that employee's class of work, of less than the amount due to him under the provisions of this Act 19[or fails to pay the wages within the time prescribed under sub-section (1) of Section 12] or
(b) Contravenes any rule or order made under section 13 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both:
Provided that in imposing any fine for an offence under this section the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20.
SECTION 221A: 20[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.]
SECTION 22A: GENERAL PROVISION FOR PUNISHMENT OF OTHER OFFENCES
Any employer who contravenes any provision of this Act or of any rule or of 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.
SECTION 22B: COGNIZANCE OF OFFENCES
(1) No Court shall take cognizance of a complaint against any person for an offence
(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer authorised by it in this behalf has sanctioned the making of the complaint;
(b) under clause (b) of section 22 or under section 22-A, except on a complaint made by, or with the sanction of, an Inspector.
(2) No Court shall take cognizance of an offence
(a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant of sanction under this section;
21[(b) under section 22-A, unless the complaint thereof is made within six months of the date on which the offence becomes known to the Inspector.]
SECTION 22C: 22[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 by deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation - For the purpose of this section,
(a)"Company" means any body corporate and included a firm or other association of individuals, and
(b) "Director" in relation to a firm means a partner in the firm.
SECTION 22D: PAYMENT OF UNDISBURSED AMOUNTS DUE TO EMPLOYEES
All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the 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.
SECTION 22E: PROTECTION AGAINST ATTACHMENT OF ASSETS OF EMPLOYER WITH GOVERNMENT
Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid.
SECTION 22F: APPLICATION OF PAYMENT OF WAGES ACT, 1936, TO SCHEDULED EMPLOYMENTS
(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936), the appropriate Government may, by notification, in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall with such notifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.
SECTION 23: EXEMPTION OF EMPLOYER FROM LIABILITY IN CERTAIN CASES
Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-
(a) that he has used due diligence to enforce the execution of this act, and
(b) that the said other person committed the offence in-question without his -knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer-and the employer shall be discharged:
Provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to cross examination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution.
SECTION 24: BAR OF SUITS
No Court shall entertain any suit for the recovery of wages in so far as the sum so claimed
(a) forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff, or
(b) has formed the subject of a direction under that section in favour of the plaintiff, or
(c) has been adjudged in any proceeding under that section not to be due to the plaintiff, or
(d) could have been recovered by an application under that section.
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.
SECTION 26: EXEMPTIONS AND EXCEPTIONS
(1) The appropriate Government may, subject to such conditions if any as it may think f it to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.
(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that 23[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.
24[(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 generally or in a scheduled employment in a local area 23[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 23[or in respect of employees in such establishment or 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:
25[Provided that, the powers of the State Government under this sub-section may, subject to the control of the State Government be exercised by the Commissioner of Labour.]
(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.
SECTION 27: POWER OF STATE GOVERNMENT TO ADD TO SCHEDULE
The appropriate Government, after giving by notification in the Official Gazette not less than three month's notice of its intentions 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 26[State be deemed to be amended accordingly.
Footnotes:
3. Amended by the M W. (Amendment) Act, 1954.
4. Ins. by Mah. 3 of 1963, s 5.
5 Ins. by the Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954.
6. Subs. by M.W. (Amendment) Act. 1957.
7. Ins. by the M.W. (Amendment) Act. 1957.
8. Subs. ibid.
9. Ins. by the Bombay Separation of Judical and Executive Functions (Supplementary) Act, 1954.
10 Ins. by Mah. 3 of 1963, s.6
11. Ins. by the M.W (Amendment) Act, 1957 dt.1 5th July 1976, (w.e.f 1st Feb. 1977).
12. Amended by the M.W. (Amendment) Act, 1957 dt.15th July 1976, (w.e.f. Ist Feb. 1977).
13. Ins. by the M.W. (Amendment) Act, 1957.
14. Subs. by the M.W. (Amendment) Act, 1957
15 Subs By the M.W. (Amendment) Act, 1957.
16. Ins. by the M.W. (Amendment) Act,1960.
17. Added, ibid
18. Subs. and Ins. by the M.W. (Amendment) Act, 1957.
19. Ins. by Mah. 3 of 1963, s.7
20. Ins. by Mah. 3 of 1963, s.8
21. Subs. by M.W. (Mah.) (Amendment) Act, 1960 (Mah. 10 of 1960).
22. Subs. and Ins. new section by M.W. (Amendment) Act, 1957.
23. Ins. by the M.W. (Amendment) Act, 1957.
24. Ins. by the M.W. (Amendment) Act, 1954.
25. Added by Mah. 3 of 1963, s.9
26. Subs. by the Adaptn. of Laws Order, 1950.
SECTION 28: POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS
The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.
SECTION 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 terms 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.
SECTION 30: POWER OF APPROPRIATE GOVERNMENT TO MAKE RULES
(1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.
(2) Without prejudice to the generality of the foregoing power such rules may
(a) Prescribe the term of off ice 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 Committee, Sub- Committees, 2[xxx] and the Advisory Board;
(b) Prescribe the method of summoning witness, production of documents relevant to the subject-matter of the enquiry before the Committees, Sub-Committees 3[xxxx] and the Advisory Board;
(c) prescribe the mode of computation of the cash value of wages in kind and of concession 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 a day;
(g) prescribe the number of hours of work which shall constitute 4[a normal working day or week];
(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 issue of wage books '[for wage slips and attendance cards] and prescribe the manner of making and authenticating entries in wage books [or wage slips attendance cards];
(k) prescribe the powers of Inspectors for purposes of this Act;
(1) regulate scale of costs that may be allowed in proceedings under section 20;
(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and
(n) provide for any other matter which is to be or may be prescribed.
SECTION 30A: 6[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 shall 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].
SECTION 31: 7[VALIDATION OF FIXATION OF CERTAIN MINIMUM RATES OF WAGES
Where during the period
(a) commencing on the 1st 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; or
(c) commencing on 31st day of December, 1959 and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961);
Minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub- section (1) of section 3 as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957 (31 of 1961), or the Minimum Wages (Amendment) Act, 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 effect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of this employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.]
Footnotes:
2. Subs. by the Adaptn. of Laws Order, 1950.
3. Del. by the M.W. (Amendment) Act, 1957.
4. Subs. by Mah. 30 of 1963, s 10.
5. Subs. ibid.
6. Added by the M.W. (Amendment) Act, 1961.
7. Subs by the M.W. (Amendment) Act, 1961.
THE SCHEDULE
[See sections 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
8[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.
13. 9[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 letterpress, 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 10[not being an employment in any bank or an employment which is included] under any of the other entries in this Schedule.
Explanation For the purpose 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.
11[19. Employment in rubber manufacturing industry.]
12[20. Employment in paper and paper-board manufactory.]
13[21. Employment in cinema exhibition industry.]
14[22. Employment in any industry in which any process of transforming plastics into various solid shapes, through moulding, forming, extrusion or casting by application singly or together with heat and/or pressure or both or other similar work or work incidental to such process is carried on.]
15[23. Employment in any hospital not falling under entry 6 in this schedule]
Explanation - For the purpose of this entry, hospital means any institution for the reception and treatment of persons suffering from illness or mental defectiveness, any maternity home, and any institution for the reception and treatment, of persons during convalescence or persons requiring medical rehabilitation, and includes clinics, dispensaries and out patient departments maintained in connection with any such institution or home as aforesaid.]
16[24. Employment in brick or roof tiles (terra cotta or earthen) manufactory]
17[25. Employment in any premises wherein buffaloes or cows or both are kept for milking, cleaning or feeding and for all other ancillary process.]
18[26. Employment in automobile repairing workshops and garages.
19[27. Employment in canteens and clubs not failing under entry 13 of Part I of this schedule]
20[28. Employment in the film production industry.
Explanation - For the purpose of this entry, the expression "film production industry" shall include cine studios, cine laboratories and establishments and activities of cine producers.]
21[29. Employment in power loom industry.]
22[30. Employment in any industry engaged in saw milling.
31. Employment in any industry in which wooden furniture making or other similar work or any work incidental to such process is carried on.
32. Employment in any industry in which wooden photo or picture frame making and other similar work incidental to such process is carried on.
23[33. Employment in bakeries.]
24[34. Employment in salt-pan.
25[35. Employment in cashew processing industry.]
26[36. Employment in engineering industry (not being an employment falling under entry 26 in this Part), that is to say, any industry engaged in any manufacturing process in relation to any machinery, tools, instruments, utensils or articles, or parts thereof, manufactured from ferrous or non-ferrous metals or any alloys (including manufactures of ancillary products for automobile industry, manufacture of bicycles including its spare parts) and processes connected therewith such as shaping, pressing, extrusion, turning, fabricating, processing, smelting, refining, drilling, cutting, joining, grinding, forging, welding, buffing, electroplating and moulding.
Explanation - For the purpose of this entry, the expression "manufacturing process" shall have the same meaning as is assigned to it in clause (k) of section 2 of the Factories Act, 1948]
Footnotes:
8. Subs. by M.W. (Amendment) Act, 1957.
9. Added by the M.W. (Amendment) Act, 1960.
10. Subs. by Mah. 3 of 1963, s 11
11. Added by G. N. dt. 1 st Oct. 1962.
12. Amendment by G.N. dt 4th April, 1964.
13. Added by G.N. dt 20th Oct. 1964.
14. Added by G.N. dt 15th Oct. 1965.
15. Added by G.N. dt 3rd Sept. 1966
16. Added by G.N. dt 26th Oct. 1966.
17. Added by G.N. dt. 21 st March 1968.
18. Added by G.N. dt. 1 st June 1968.
19. Added by G.N. dt. 6th Sept 1968.
20. Added by G.N. dt. 28th Jan. 1969.
21. Added by G.N. dt 15th March 1969.
22. Added by G.N. dt 15th Dec. 1969.
23. Added by G.N. dt 25th June 1970.
24. Added by G.N. dt 8th May 1972.
25. Added by G.N. dt 19th June 1972.
26. Added by G.N. dt 7th March 1973.
2[37. Employment in cloth dyeing and/or printing.]
3[38. Employment in laundry industry.]
4[39. Employment in establishment of Attorney of High Court of Judicature at Bombay.]
5[40. Employment in any dispensary not being a dispensary in any hospital falling under entry 6 or 23 in this Schedule.]
6[41. Employment in manufacture of containers and/or boxes from paper and/or card-board and/or straw-board.]
7(42. Employment in the establishments maintained in connection with legal profession by Advocates or Attorneys of the High Court of Judicature at Bombay or by any Association, Society or other body formed by such Advocates or Attorney.]
8[43. Employment in khandsari sugar manufactory.]
9[44. Employment in grass cutting not falling in Part 11 of the Schedule.]
10[45. Employment in Hair Cutting Saloon, Hair Dressing Saloon or Hammam Khanna
11[46. Employment in any establishment engaged in the manufacturing of ready made garments or its accessories (excluding hosiery articles), and tailoring establishments.]
12[47. Employment in manufacturing fountain-pens, ball point pens and/or their parts and/or accessories like nibs, refills, etc., whether made from plastics, bakelite, ebonite or any other metal.]
12[48. Employment as sweepers or scavengers in any employment not falling under any of the other entries in this Schedule.]
12[48-A. Employment in any establishment manufacturing utensils and/or other household articles with or without admixture of Zinc, Brass, Copper, Aluminum, Stainless-Steel and/or any other metal.]
13[49. Employment in forest and/or Forestry.]
14[50. Employment in Manufacture of optical frames.]
15[51. Employment in Hand loom industry.]
16[52. Employment in Hand made paper and Hand made Paper Board Manufactory.]
17[53. Employment in Manufacture of eatable tobacco (not being an employment falling under any entry 3 in Part 1 of the Schedule.)]
18[54. "Employment in the manufacture of Exercise Books or similar books (including Account Books, Ledger Books, Diaries etc.), for the purpose of writing in them, including processes like ruling, folding, sewing, binding, incidental printing and other work incidental thereto (which are not covered by any other entry in Part I of the Schedule to the Act.)".]
19[55." Employment in cement and cement based Industry.
20[56. " Employment in any industries manufacturing, flattened parched rice (Poha), murmura, churmura, kurmura from paddy or rice including micromica (Bharda) narda from maize".]
21[57." Employment in Cycle Mechanic Workshop (including repairing, Servicing etc. and incidental operations.)
23[58. Employment in any chemical fertiliser manufactory and process incidental thereto.
24[59. Employment in any industry manufacturing Dyes and Chemicals.
25[60. Employment in any industry manufacturing Drugs and Pharmaceuticals.
61. Employment in any industry manufacturing Paints and Varnishes.
62. Employment in any industry manufacturing Soaps and Cosmetics.
63. Employment in any industry manufacturing Steel Furniture.
26[64. Employment in Electronic industry in Santacruz Electronic Export Processing Zone, Greater Bombay, Maharashtra.
27[65. Employment in any factory as defined under clause (m) of section 2 or within the meaning of section 85 of the Factories Act, 1948 (LXIII of 1948), not covered by any of the entries in this Schedule.
28[66, Employment in any watch strap Manufacturing Industry.
29[67. Employment in any glass bulb manufactory.
Footnotes:
2. Added by G.N. dt. 7th March 1973.
3. Added by G.N. dt. 30th Oct. 1972.
4. Added by G.N. dt. 7th March 1973.
5. Added by G.N. dt. 20th June 1973.
6. Added by G.N. dt. 18th Oct. 1973.
7. Added by G.N. dt. 5th Feb. 1975
8. Added by G.N dt 19th July 1976.
9. Added by G.N dt 27th July 1976.
10. Added by G.N dt 1 Oth Nov. 1976.
11. Added by G.N dt 1 11th Jan. 1977
12. Added by G.N, dt 30th March 1977
13. Added by G.N. dt 22nd Aug. 1977.
14. Added by G.N. dt, 6th Feb. 1978.
15. Added by G.N. dt, 2nd Jan. 1980.
16. Added by G.N. dt 22nd March, 1982,
17. Added by G.N. dt 27th May 1982.
18. Added by G.N. dt 7th Feb. 1984.
19. Added by G.N. dt 7th Feb. 1984.
20. Added by G.N. dt 7th Feb. 1984.
21. Added by G.N. dt 13th March 1984.
22. Added by GN dt. dated 2nd August 1980,
23. Added by Government dt. 11.2.1985
24. Added by G.N. dt. 17.2.1986.
25. 60 to 64 Added by G.N. dt. 26.8.1986,
26 Added by G.N. dt. 26.6.1986.
27. Added by G.N. dt. 27.6.1986.
28. Added by G.N. dt. 27.6.1986.
29. Added by G.N. dt. 24.7.1986,
30[68. Employment in Charcoal kilns.
1[68. Employment in the Seafood Industry.
2 [69. Employment in Charcoal Kilns.
3[70. Employment in Jari Work industry wherein work with silver or gold of cloth by hand or by any type of machinery.
4[71. Employment in Dairy Industry. -
5[72. Employment in Rubber Baloon Industry.
6[73. Employment in Silver Industry.
7[74. Employment in Ice and Cold drink.
8[75. Employment in Liquor Industry
PART II
1. Employment in agriculture, that is to say, in any form of' farming, including the cultivation and tillage of the soil, dairy farming, the production, Cultivation, growing and harvesting of any agricultural of horticultural commodity, the raising of live- stock, 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.)
9[2. Employment in cleaning and sorting of onions and other incidental work.]
Footnotes:
30. Added by G.N. dt. 6.7.1998.
1. Added by G.N 06.07.1988.
2. Added by G.N. 29.08.1988.
3. Added by G.N. 16.11.1988.
4. Added by G.N. 05.12.1988.
5. Added by G.N. 07.08.1989.
6. Added by G.N. 11.07.1990.
7. Added by G.N. 07.03.1990.
8. Added by GEN. 16.11.1995.
9. Added by G.N. 2-8-1980.
THE MAHARASHTRA MINIMUM WAGES RULES, 1963
INDUSTRIES AND LABOUR DEPARTMENT
SACHIVALAYA, BOMBAY 32
4th April 1964
No. MWA -1157-Lab.ill.- In exercise of the powers conferred by sub-section (1) and clauses (a), (b), (c), (d), (e), (f]), (g), (h), (i), (k), (1), (m) and (n) of sub-section (2) of section 30 of the Minimum Wages Act, 1948 (XI of 1948), the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of section 30 of the said Act, namely
CHAPTER I-PRELIMINARY
RULE 01: SHORT TITLE AND EXTENT
(1) These rules may be called The Maharashtra Minimum Wages Rules, 1963.
(2) They extend to the whole of the State of Maharashtra.
RULE 02: DEFINITION
In these rules, unless the context otherwise requires,
(a) "Act" means the Minimum Wages Act, 1948;
(b) "Apprentice" means a person who is employed for the purpose of being trained in any scheduled employment; provided that such person shall not be deemed to be an apprentice if the period of training in such scheduled employment or such process or branch of work forming part of such employment exceeds such period not exceeding three years, the State Government may, by notification in the Official Gazette, specify in this behalf;
(c) "Authority" means the authority appointed under sub-section (1) of section 1 20;
(d) "Board" means the Advisory Board appointed under section 7;
(e) "Chairman" means the Chairman of the Advisory Board or as the case may be the Committee;
(f) "Committee" means a committee appointed under clause (a) of sub-section (1) of section 5 and includes a sub-committee appointed under that section;
(g) "Day" means a period of twenty-four hours beginning at midnight;
(h) "Form" means a form appended to these rules;
(i) "Inspector" means a person appointed as inspector under section 19;
(j)"Registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926;
(k) "Section" means a section of the Act.
CHAPTER II-MEMBERS AND STAFF AND MEETINGS OF THE BOARD AND
COMMITTEE
RULE 03: TERMS OF OFFICE OF THE MEMBERS OF THE COMMITTEE
The terms of office of the members of the Committee shall be such as in the opinion of the State Government is necessary for completing the enquiry into the scheduled employment concerned and the State Government may, at the time of constitution of the Committee, fix such terms and may, from time to time, extend it as circumstances may require.
RULE 04: TERMS OF OFFICE OF MEMBER OF THE BOARD
(1) Save as otherwise expressly provided in these rules, the terms of office of a non- official member of the Board, shall be three years commencing on the date of his nomination:
Provided that such members shall, notwithstanding the expiry of the said period of three years, continue to hold office until his successor is nominated.
(2) A non-official member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.
(3) The official members of the Board shall hold office during the pleasure of the State Government.
RULE 05: TRAVELLING ALLOWANCES
A non-official member of the Committee or the Board shall be entitled to draw travelling allowance and daily allowance for any journey performed by him in connection with his duties as such member according to clause (b) of sub-rule (1) of rule (1) of Appendix XLll-A of Bombay Civil Services Rules Manual, Volume 11, as amended from time to time.
RULE 06: STAFF
(1) The State Government may appoint a Secretary to the Committee or the Board and such other staff as it may think necessary and may fix the salaries and allowances payable to them and specify their conditions of service.
(2) (i) The Secretary shall be the Chief Executive Officer of the Committee or the Board, as the case may be. He may attend the meetings of such Committee or Board but shall not be entitled to vote at such meetings.
(ii) The Secretary shall assist the Chairman in convening meetings and shall keep record of the minutes of such meetings and shall take necessary measures to carry out the decisions of the Committee or, as the case may be, the Board.
RULE 07: ELIGIBILITY FOR RENOMINATION OF MEMBERS OF THE COMMITTEE AND BOARD
An out-going member shall be eligible for renomination for the membership of the Committee or the Board, of which he was a member.
RULE 08: RESIGNATION OF THE CHAIRMAN AND MEMBERS OF THE COMMITTEE-AND THE BOARD AND FILLING OF CASUAL VACANCIES
(l) A member of the Committee or the Board other than the Chairman may, by giving notice in writing to the Chairman, resign his membership.
(2) The Chairman may resign by letter addressed to the State Government.
(3) When a vacancy occurs or is likely to occur in the membership of the Committee or the Board, the Chairman shall submit a report to the State Government immediately. The State Government shall then take steps to fill the vacancy.
RULE 09: CESSATION AND RESTORATION OF MEMBERSHIP
(1) If a member of the Committee or the Board fails to attend three consecutive meetings, he shall, subject to the provisions of sub-rule (2), cease to be a member thereof.
(2) A person who ceases to be a member under sub-rule (1) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership, he may apply therefor within thirty days from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee or as the case may be, the Board, and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate, the member shall be restored to membership immediately after a resolution to that effect is adopted.
RULE 10: DISQUALIFICATION
(l) A person shall be disqualified for being nominated as and for being a member of the Committee or as the case may be, the Board.
(i) if he is declared to be of unsound mind by a competent Court; or
(ii) if he is an undischarged insolvent; or
(iii) if before or after the commencement of the Act, he has been convicted of an offence involving moral turpitude.
(2) If any question arises whether a disqualification has been incurred under sub rule (1), the decision of the State Government thereon shall be final.
RULE 11: MEETINGS
The Chairman may, subject to the provisions of rule 12, call a meeting of the Committee or, as the case may be, the Board, at any time he thinks fit:
Provided that, on a requisition in writing of not less than one- half of the members, the Chairman shall call a meeting within fifteen days from the date of receipt of such requisition.
RULE 12: NOTICE OF MEETINGS
The Chairman shall fix the date; time and place of every meeting and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member at least seven days before the date fixed for such meeting:
Provided that, in the case of an emergent meeting, notice of four days only may be given to every member.
RULE 13: CHAIRMAN
(1) The Chairman shall preside at the meetings of the Committee or, as the case may be, the Board.
(2) In the absence of the Chairman at any meeting, the members shall elect from amongst themselves by a majority of votes, a member who shall preside at such meeting.
RULE 14: QUORUM
No business shall be transacted at any meeting unless at least one-third of the members are present
Provided that, if at any meeting less than one-third of the members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present.
RULE 15: DISPOSAL OF BUSINESS
All business shall be considered at a meeting of the Committee or, as the case may be, the Board and shall be decided by a majority of the votes of the members present and voting. In the event of an equality of votes, the Chairman shall have a casting vote:
Provided that, the Chairman may, if he thinks fit, direct that any matter shall be decided by circulation of necessary papers and securing written opinion of the members:
Provided further that, no decision on any question which is referred under the first proviso shall be taken, unless supported by not less than a two-third majority of the members.
RULE 16: METHOD OF VOTING
Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.
RULE 17: PROCEEDINGS OF THE MEETING
(1) The Proceedings of each meeting showing inter alia the names of the members present thereat shall be forwarded to each member and to the State Government as soon after the meeting as possible and in any case, not less than seven days before the next meeting.
(2) The proceedings of each meeting shall be confirmed with such modification, if any, as may be considered necessary at the next meeting.
CHAPTER III-SUMMONING OF WITNESSES BY THE COMMITTEE AND BOARD AND PRODUCTION OF DOCUMENTS
RULE 18: SUMMONING OF WITNESSES AND PRODUCTION OF DOCUMENTS
(1) A Committee or the Board may summon any person to appear as a witness in the course of an enquiry. Such summons may require a witness to appear before it on a date specified therein and to produce any books, papers or other documents and things in the possession or under his control relating in any manner to the enquiry.
(2) A summon under sub-rule (1) may be addressed to an individual or an organisation of employers or a registered trade union of workers.
(3) A summon under this rule may be served
(i) in the case of an individual by being delivered or sent to him by registered post;
(ii) in the case of an employers' organisation or registered trade union of workers by being delivered or sent by registered post to the Secretary or other principal officer of the organisation or as the case may be Union.
RULE 19: EXPENSES OF WITNESSES
Every person who is summoned and appears as a witness before the Committee or the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in civil courts in the State.
CHAPTER IV-COMPUTATION AND PAYMENT OF WAGES, HOURS OF WORK AND HOLIDAYS
Rule 20: '[xxxxxxx]
RULE 21: TIME AND CONDITIONS OF PAYMENT OF WAGES AND DEDUCTIONS PERMISSIBLE FROM WAGES
(1)(i) The wage period with respect to any scheduled employment for which wages are liable to be fixed shall not exceed one month, and the wages of an employee employed
(a) in any such employment in which an employer has employed less than one thousand persons, shall be paid before the expiry of the seventh day, and
(b) in any other case shall be paid before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable:
2[Provided that, in the case of persons, employed as Saldars or Salkaries in the employment in agriculture, the wage period may be one year.
(ii) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.
(iii) The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.
Explanation.-Every payment made by the employed person to the employer or his agent shall, for the purpose of these rules, be deemed to be a deduction from wages.
(2) Deduction from the wages of a person employed in a scheduled employment shall be of one or more of the following kinds, namely.
(i) fines in respect of such act and omissions on the part of an employed person as may be specified by the State Government by general or special order in this behalf;
(ii) deduction for absence from duty;
(iii) deductions for damage to or loss of goods expressly entrusted to the employed person for custody or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
(iv) deductions for house accommodation supplied by the employer or the State Government or the Maharashtra Housing Board constituted under the Bombay Housing Board Act,1948, or the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 or such other agency as the State Government may, by notification in the Official Gazette, direct;
(v) deductions for such amenities and services supplied by the employer as the State Government may, be general or special order, authorise;
Footnotes:
1. Del. by M.W. (Amendment) Rules. 1975.
2. Amended by M.W. (Amendment) Rules 1974
Explanation.-The words "amenities and services" in this clause do not include the supply of tools and protective required for the purpose of employment;
(vi) deductions for recovery of advances or for adjustment of over payment of wages:
Provided that such advances do not exceed an amount equal to wages for two calendar months of the employee and, in no case, shall the monthly instalment of deduction exceed one-fourth of the wages earned in that month;
(vii) deduction of income-tax payable by the employee;
(viii) deductions required to be made by order of a Court or other competent authority;
(ix) deductions for subscriptions to, and for payment of advances from any provident fund to which the Provident Funds Act, 1952, applies or any recognised provident fund as defined in section 2(38) of the Income-tax Act, 1961 or any provident fund approved in this behalf by the State Government during the continuance of such approval;
(x) deductions for payment to cooperative societies or deductions made with the written authorisation of the person employed, for payment of any premium on his life insurance policy to the Life Insurance Corporation of India established under the Life Insurance Act, 1956 (31 of 1956);
(xi) deductions not exceeding half the wages for a period not exceeding four months during which an employee is suspended from work in accordance with any rule of service or standing order framed under any law, or under a settlement or award which is legally binding on him, governing such suspension:
Provided that where under the conditions of service of an employee under a local authority provisions in respect of subsistence allowance during suspension are made and such provisions are similar to those contained in the Bombay Civil Services Rules, deductions from the wages of an employee shall not exceed an amount equal to the difference between the full wages payable to such employee and the subsistence allowance payable to him under the conditions of service aforesaid:
Provided further that if an employee is suspended from work as a punishment in accordance with any rule of service or standing order framed under any law, or under a settlement or award, governing such suspension, deduction during the period for which he is suspended may be equal to the amount of the full wages payable to such employee;
(xii) deductions or recovery or an adjustment of amounts other than wages, paid by the employer to the employed person in error or in excess of what is due to him:
Provided that, the prior approval of the Inspector or any other officer authorised by the State Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions:
(xiii) deduction made with the written authorisation of the employed person such authorisation being given one generally, and not necessarily every time a deduction is made for the purchase of the securities of the Government of India or any State Government or for being deposited in any Post Office Saving Bank, in furtherance of any savings scheme of any such Government;
(xiv) deductions made with the written authorisation of the employee himself or of the President or Secretary of the registered trade union of which the employee is a member, for contribution to the National Defence Fund or to any other Fund approved by the Government of India for the purpose of national defence or for any purpose as the State Government may, by notification in the Official Gazette, specify.
1[(xv) deductions made under section 6BB of the Bombay Labour Welfare Fund
Act, 1953.
(3) Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall intimate him also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made; and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.
(4) The amount of fine or deduction mentioned in sub-rule (3) or deduction for absence from duty shall be such as may be specified by the State Government.
(5) The amount of fine imposed under sub-rule (3) shall be utilised only for such purposes beneficial to the employees as are approved by the State Government.
(6) Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936.
2[22.]
RULE 23: WEEKLY DAY OF REST
(1) Subject to the provisions of this rule an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act shall be allowed a day of rest every week (hereinafter referred to as "the rest day") which shall ordinarily be Sunday but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment:
Provided that, employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days:
Provided further that, the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf.
1.Added by G.N. dt. 15th June 1973.
2. Rule 22 deleted by G.N. dt, 30.3.2001, MGG Pt. I-L Ext. dt. 30.3.2001 p. 230.
Explanation.-For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule
(a) any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work; or
(b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947; shall be deemed to be days on which the employee has worked.
(2) Unless otherwise permitted by the State Government, any employee shall not be required or allowed to work in a scheduled employment on the rest day, unless he has or will have substituted rest day for a whole day on one of the five days immediately before or after the rest day:
Provided that, no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.
(3) Where in accordance with the foregoing provisions of the rules any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.
(4) An employee shall be granted for the rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:
Provided that, where the minimum daily rate of wages of the employee as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty-six or where the actual daily rate of wages of the employees has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employees, no wages for the rest day shall be payable and in case the employee works on the rest day and has been given a substituted rest day, he shall be paid, only for the rest day on which he worked an amount equal to the wages payable to him at the overtime rate:
Provided further that, in case of an employee governed by a piece-rate scheme, the employee shall be granted for the rest day wages, equivalent to the daily average earnings of the employee for the preceding six days; and in case he works on the rest day and has been given a substituted rest day he shall be paid wages for the rest day on which he worked at double the average rate as calculated above and for the substituted rest day at the said average rate.
Explanation.-In this sub rule, "next preceding day" means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day.
(5) The provisions of this rule shall apply to the employees in scheduled employments other than agricultural employment.
(6) The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to the more favourable terms aforesaid.
(7) Notwithstanding anything contained in this rule, an employee maybe allowed to work on any weekly day of rest if he gives his consent in writing to do so, with a view to contributing the wages earned by him on that day, to the National Defence Fund or to any other Fund approved by the Government of India for the purpose of national defence or to any other purpose specified by the State Government under clause (xiv) of sub-rule (2) of the rule 21.
Explanation. -For the purpose of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.
RULE 24: NUMBER OF HOURS OF WORK WHICH SHALL CONSTITUTE A NORMAL WORKING DAY
(1) The number of hours which shall constitute a normal working day shall be
(a) in the case of an adult, 9 hours;
(b) in the case of an adolescent, 7 hours;
(c) in the case of a child, 4 1/2 hours:
Provided that in respect of employment in public motor transport, no adult employee shall be required or allowed to work for more than 8 hours in a day or forty-eight hours in a week.
(2) The period of work of an adult or an adolescent employee each day shall be so fixed that no periods shall exceed five hours and that no employee shall work for more than five hours before he has had an interval for rest of at least half an hour:
Provided that the State Government or the Commissioner of Labour may, by written order and for the reasons specified therein allow any employee in a scheduled employment to work for more than five hours without an interval for rest so however, that the total number of hours worked by the employee without an interval does not exceed six.
(3) The period of work of an adult or an adolescent employee shall be so arranged that inclusive of his intervals for rest under sub-rule (2), they shall not spread over more than twelve hours in any day in respect of employment in public motor transport or employment in a tramway undertaking of a local authority and ten and a half hour in any day in respect of any other scheduled employment not being employment under a local authority as lamp-lighters, gully flushing staff of the Conservancy Department and octroi inspectors:
Provided that the State Government or any other officer not below the rank of the Deputy Commissioner of Labour may, by an order in writing, exempt any employee or category of employees employed in any scheduled employment from the provisions of sub-rule (3), regard being had to the nature of the employment and the service conditions of the employee.
(4) The periods of work in the case of a child employee shall be so arranged that it shall not spread-over more than five hours in any day.
(5) The provisions of sub-section (1) of the section 13 and rule 23 and rule 24 shall not apply in relation to the classes of employees shown in column (1) to the extent stated in column (2) subject to conditions in column (3) of the schedule appended below:
SCHEDULE
1(6) The provisions of sub-rules (1), (2)1 and (3), shall in the case of employees in agricultural employment, be subject to such modifications as may, from time to time, be notified by the State Government.
1(7) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948, and of the Bombay Shops and Establishment Act, 1948.
Explanation. - In computing the hours of work for the purpose of sub-rule (1) the time during which an employee is at the disposal of the employer, shall be included; but the period of rest provided in sub-rule (2) shall be excluded:
Provided that in the case of employment in public motor transport the following and no other periods shall be included in computing the hours of work
(i) the time spent in work during the running time of the vehicle;
(ii) the time spent in any subsidiary work; and
(iii) the periods of mere attendance at terminals of less than 15 minutes.
RULE 24A: 2[PROPORTIONATE WAGES FOR WORKING LESS THAN NORMAL WORKING DAY
An employee working in an agricultural employment, whose minimum rate of wages has been fixed by the day, shall, if he works for a period of less than the requisite number of hours, constituting a normal working day, be entitled to receive wages proportionate to the hours of work for which he is employed on such day.
RULE 25: NIGHT SHIFT
Where an employee in a scheduled employment works on shift which extends beyond midnight
(a) a holiday for the whole day for the purposes of rule 23 shall in his case mean a period of twenty-four consecutive hours beginning from the time when his shift ends; and
(b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such employee was engaged in work, shall be counted towards previous day.
RULE 26: EXTRA WAGES FOR OVERTIME
(1) Where an employee in any scheduled employment 3 [not being employment in public motor transport or employment in agriculture] works for more than nine hours on any day or forty-eight hours in any week or for more than the hours of work notified under sub-rule (7) of rule 24, as the case may be, he shall in respect of overtime work, be entitled to wages 3[at double the ordinary rate of wages.]
(2) Where an employee in the case of employment in public motor transport works for more than eight hours on any day in any case referred to in the second proviso to section 13 of the Motor Transport Workers Act, 1961, he shall be entitled -to the rate of wages in respect of overtime work at one and half times the rate of his ordinary wages, subject to a maximum of one-half of his ordinary wages and in all other cases at double the ordinary rate of wages.
1. Renumbered and corrected by G.N dt. 24th Dec. 1965.
2. Added by M.W (Second Amendment) Rules, 1974, by G.N dt. 15th June, 1974. 3. Subs. by M.W (Amendment) Rules, 1976.
Explanation.-The expression "ordinary rate of wages" means the basic wage plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed, or foodgrains and other articles as the person employed is, for the time being, entitled to but does not include a bonus.
4[(2-A). Where an employee in employment in agriculture works for more than seven hours on any day he shall in respect of overtime works be entitled to wages at one and half times the ordinary rate of wages.]
(3) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948.
(4) Nothing in this rule shall apply in relation to overtime work where an employee is allowed to work on any weekly day of rest under sub-rule (7) of rule 23.
RULE 27: FORM OF REGISTERS AND RECORDS
(1) 5[A muster-roll-cum -wage register shall be maintained by every employer in respect of his employee in Form 11 unless registers in Forms 17 and 19 appended to the Maharashtra Factories Rules, 1963 and a register in Form 11, appended to the Maharashtra Payment of Wages Rules, 1963, are maintained in respect of such employees. Every register maintained under this sub-rule shall include the following particulars, namely];
(a) the gross wages of each person employed for each wage period;
(b) all deductions made from wages, with an indication in each case of the kinds of deductions mentioned in sub-rule (2) of rule 21;
(c) the minimum rates of wages payable to each employee;
(d) the wages actually paid to each employee employed for each wage period and the date of payment;
(e) the number of hours for which each person worked overtime for each wage period;
(f) the amount of leave with wages.
(2) An extract of entry pertaining to every employee in the muster-roll-cum-wages register shall be used as attendance card- cum-wages, slip, which shall be supplied by the employer. The card shall be in the possession of the employee and entries thereon shall be made by the employer or any person authorised by him in this behalf on each day and also at the end of the month, and the employee shall preserve it for three years.
(3) Notwithstanding anything contained in the rule, the employer shall in the case of employment in agriculture, maintain a combined register of wages and muster-roll in Form III in respect of employees employed on daily wages and in Form IIIA in respect of employees employed on monthly or annual wages in lieu of the muster-roll-cum-wage register referred to in sub-rule (1).
(4) Entries relating to any day in the forms prescribed under sub-rules (1), (2) and (3) which the employer is required to maintain shall be made on the same day and shall be authenticated under the signature of the employer or any person authorised by him in this behalf.
RULE 28: MAINTENANCE OF INSPECTION BOOK
Every employer shall maintain a bound inspection book and shall produce it when so required by the Inspector.
RULE 29: POWERS OF REVENUE OFFICERS APPOINTED AS INSPECTORS
Where Revenue Officer is appointed as Inspector under section 19, he shall within the limits of his jurisdiction, exercise all the powers under the said section 19 in respect of scheduled employment other than employment in public motor transport.
RULE 30: PRESERVATION AND PRODUCTION OF REGISTERS AND RECORDS
The registers and records prescribed under sub-rules (1), (2) and (3) of rule 27, and under rule 28 shall be preserved for a period of three years after the last entry is made therein and shall be produced when so required by an Inspector.
RULE 31: CERTAIN MUSTER-ROLLS OR REGISTERS, ETC., TO BE TREATED AS MUSTER-ROLLS OR REGISTERS UNDER THESE RULES
Notwithstanding anything contained in the foregoing rules, if any, form, register, wage-slip, muster-roll-cum-wage register, cards or any other register or record, whether in a combined form or otherwise, maintained by an employer gives, in respect of any or all of the employees in the scheduled employment, the particulars required for the enforcement of the Act and these Rules, then the Commissioner of Labour or any other officer authorised by him in this behalf, may, by order in writing direct that such form, register, wage-slip, muster-roll-cum-wage register, cards or any other register or record as aforesaid shall, to the corresponding extend and subject to such conditions as he may specify, be maintained in place of and be treated as the wage-slip, muster roll-cum-wage register, cards or any other records required under these rules in respect of such employee or employees in that scheduled employment.
RULE 31A: 6[MAINTENANCE OF FALSE REGISTER, ETC. PROHIBITED
No employer shall wilfully,
(i) maintain or cause to be maintained any register or record which he knows to be false, or
(ii) make or causes to be made any entry which he knows to be false in any register or record required to be maintained under the Act, or
(iii) omit or cause to be omitted any entry which is required to be made under the Act in any such register or record, or
(iv) furnish any information which he knows to be false to the Inspector.
CHAPTER V-CLAIMS UNDER THE ACT
RULE 32: APPLICATION
(1) An application under sub-section (2) of section 20, or sub-section (1) of section 21, by or on behalf of an employed person or group of employed persons, shall be made in duplicate in Forms IV and V as the case may be.
7[(2) When an application for relief is based on any document or documents, such document or documents with a list thereof and as many copies as there are opposite parties, shall be appended to the application.
(3) Any other relevant document or documents which any party desires to tender as evidence, shall be produced at or before the first date fixed for hearing along with a list thereof and as many copies as there are opposite parties.
(4) Any document which is not produced in the manner specified in sub-rules (2) and (3), as the case may be, shall not be admissible in evidence on behalf of the party which ought to have produced it, without the sanction of the Authority.
(5) Nothing in this rule applies to any document which is produced for the purpose of cross-examining a witness or is handed over to a witness to refresh his memory.
(6) If any document is written in pencil or torn or damaged in any way, a clear note to that effect shall be made in the list and any such document shall be brought to the notice of the Authority by the receiving clerk. The Authority may, if it deems desirable, require the party producing such document to keep a true copy thereof, either written in ink or typed, on the record.
(7) Petition, appearance memo, purshis and all applications, etc., filed by or on behalf of the applicant shall be marked as Exhibit 'U' and be given serial numbers accordingly. The written- statement, appearance memo, purshis, all applications, etc., tendered by or on behalf of the opposite party shall be market as Exhibit 'C' and be given serial numbers accordingly.
(8) The list of documents shall mention each document serially and shall be in Form VA.
(9) Any document which is referred to in the proceedings shall, before it is formally proved and tendered in evidence, be detached from the list, marked for identification and assigned a number as exhibit; and reference to such number shall appear in all depositions, proceedings or orders.
(10) On receipt of the application, the Authority shall examine it or cause it to be examined on the following points:
(a) Whether it is in proper form and is properly signed and verified;
(b) Whether it is barred by limitation;
(c) Whether it is accompanied by the documents on which reliance is placed for the relief along with a list and copies thereof; and
(d) Whether the documents are in proper conditions, as provided in sub-rule(1).
(11) Upon an application being examined and found to be in order, it shall be registered and the officer concerned shall make an endorsement thereon "examined and registered" with the date and his signature.
(12) The application shall then be entered in the relevant register.
(13) Where an application is found to be defective in any material particular, the Authority shall direct the applicant to rectify the defect within a period to be specified, or such further time as may be allowed by the Authority, failing which it shall be competent for the Authority to dismiss the application.
4. Subs. by M.W (Amendment) Rules, 1976.
5. Subs. by, M.W. (Amendment) Rules 1977.
6. Ins. by M.W. (Amendment) Rules, 1969.
7. Renumbered and Ins. by M.W (Amendment) Rules 1991.
RULE 33: AUTHORISATION
The authorisation to act on behalf of an employed person or persons, under sub-section (2) of section 20 or sub-section (1) of section 21 shall be given in Form VI by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.
RULE 34: APPEARANCE OF PARTIES
(1) If an application under sub- section (2) of section 20 or section 21 in entertained, the authority shall serve upon the employer, by registered post a notice in Form VI I to appear before him on a date specified in the notice with all relevant documents and witnesses, if any, and shall inform the applicant the dates so specified.
(2) If the-employer or his representative fails to appear on the specified date, the Authority may hear and determine the application ex-parte.
(3) If the applicant or his representative fails to appear on the specified date, the Authority may dismiss the application.
(4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order, and the application shall then be reheard after service of notice on the opposite party of the date fixed for rehearing in the manner specified in sub-rule (1).
RULE 34A: 8[MAINTENANCE OF ROZNAMA
(1) The Authority shall maintain a Roznama of the proceedings of the applications made under rule 32.
(2) The Roznama shall contain the following information:
(i) course of proceedings from day to day;
(ii) reasons for adjournment, if any;
(iii) faithful, complete and concise history of the case and other proceedings under it including Commissioner's report and all other proceedings after passing of the order to be mentioned chronologically;
(iv) a list and description of the exhibits;
(v) date of delivery of order;
(vi) date of signing of the order; and
(vii) application for review and modification of the order, if any.
8. Ins. by M.W., (Amendment) Rules, 1981
(3) The Roznama shall be maintained by the judicial clerk or the clerk on duty. The entries other than those made at the time of institution of proceedings shall be signed by the Authority.
(4) Every document accepted and admitted as evidence shall be mentioned in the Roznama in chronological order. The description of the documents shall also be mentioned in the Roznarna. At the end of the Roznama of each case the judicial clerk concerned shall make a note that all stamps have been punched and thereafter affix his signature.
(5) Every order shall ordinarily be pronounced in open Court on the date fixed for the same unless prior intimation of the date of the delivery of the order is given to the concerned parties.
(6) The Authority, at the time of signing and dating its judgment or order shall pronounce its decision and thereafter no additions or alterations shall be made to the judgment or order other than the correction of any clerical or arithmetical mistake arising from any accidental omissions.
RULE 34B: SUPPLY OF COPIES
(1) Any person desirous of obtaining certified copies of any records including certified copies of an order or decree of the Authority may make an application in writing to the Authority.
(2) On receipt of such application and on payment of fees at the rate of fifty paise per hundred words or fraction thereof, a certified copy of the document shall be supplied by the Authority.
(3) Urgent certified copies of the documents may be supplied on payment of one and half times the fees payable under sub-rule (2).
(4) No copy of any note recorded by the Authority for its own use or of any exhibit or document which the Authority may consider to be conf idential shall be granted."
CHAPTER VI-SCALE OF COSTS IN PROCEEDINGS UNDER THE ACT
RULE 35: COSTS
(1) The Authority, for reasons to be recorded in writing, may direct that the costs of any proceeding pending before it shall not follow the event.
(2) The costs incurred may be awarded shall include
(i) expenses incurred on account of Court-fees;
(ii)expenses incurred on subsistence money to witnesses;
(iii) pleaders fees to the extent of ten rupees provided that the Authority in any proceeding may reduce the fees to a sum not less than five rupees or for reasons to be recorded in writing increase it to a sum not exceeding twenty-five rupees.
(3) Where there are more than one pleader or more than one applicant or opponent, the Authority may, subject as aforesaid award to the successful party or parties such costs as it may deem proper.
RULE 36: COURT-FEES
The Court-fees payable in respect of proceedings under section 20 specified in column (1) of the Table below shall subject to the provisions of section 21A be at the rate specified against each of them in column (2) thereof:
CHAPTER VII-MISCELLANEOUS
RULE 37: SAVINGS
These Rules shall not apply in relation to any scheduled employment in so far as they are already in force rules applicable to such employment which in the opinion of the State Government make equally satisfactory provisions for the matters dealt with by these Rules and such opinion shall be final.
RULE 38: PRESCRIBED LIMIT OF WAGES UNDER SECTION 26 (2-A)
The limit of wages for the purpose of sub-section (2A) of section 26 shall
(a) in respect of employees in establishment where the wages are fixed in accordance with an award or otherwise, be the wages so fixed provided the wages so fixed, are not less than nine-eighths of the minimum rates of wages fixed, and
(b) in all other cases, be nine-eighths of the minimum rates of wages fixed in respect of employees referred to in the said sub-section (2-A).
RULE 39: REPEAL
On the commencement of these Rules, the Bombay Minimum Wages Rules, 1951, the Madhya Pradesh Minimum Wages Rules, 1951 and the Hyderabad Minimum Wages Rules, 1951, shall stand repealed, except as respects things done or omitted to be done.
THE MAHARASHTRA MINIMUM WAGES (UNCLAIMED AMOUNTS) RULES, 1968
(17th October, 1968)
In exercise of the powers conferred by Section 30 of the Minimum Wages Act, 1948 (XI of 1948), in its application to the State of Maharashtra, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by Sub-section (1) of the said Section 30, namely:
RULE 01: SHORT TITLE
These Rules may be called the Maharashtra Minimum Wages (Unclaimed Amounts) Rules, 1968.
RULE 02: DEFINITIONS
In these rules, unless the context requires otherwise,
(a) "Act" means the Minimum Wages Act, 1948;
(b) "Authority" means any officer appointed under Sub- section (1) of Section 20 to hear and decide any claim of the nature referred to in that sub-section;
(c) " Financial Year" means the year commencing on the first day of April;
(d) "Section" means a section of the Act;
(e) "Treasury" means in the City of Bombay, the Reserve Bank of India, and elsewhere, the Government Treasury.
RULE 03: AMOUNT UNCLAIMED FOR THREE YEARS TO BE-CREDITED TO STATE GOVERNMENT
Where any employees to whom any amount is directed to be paid under Section 20 or any person entitled to claim it on his behalf fails to draw it from the Authority with a period of three years from the date on which the amount is deposited with or received by the Authority for payment to the employee, it shall at the end of the financial year be paid into the Treasury to the credit of the State Government as deposit unclaimed for eventual benefit of any person who may duly establish his claim thereto.
RULE 04: LIFE OF AMOUNT UNCLAIMED TO BE POSTED IN THE OFFICE OF AUTHORITY
(i) In the month of January of each year, a list showing the amounts which at the end of the financial year will be due for being credited to the State Government under Rule 3, and the names of the persons to whom the said amounts are payable shall be posted up in the office of the Authority.
(ii) If the said amounts are not claimed by any person before the 25th March in that year, the Authority shall pay the said amounts into the Treasury to the credit of the State Government on the forenoon of 31st of March in that year.
(iii) In the month of April following, the Authority shall furnish to the Accountant General, Bombay, a statement of all the amounts credited to the State Government showing separately the said amounts in serial order, the names of persons to whom they were payable and the dates on which the said amounts were credited to the State Government.
RULE 05: REFUND
If any person proves to the satisfaction of the Authority that he is entitled to any amount credited to the State Government under Rule 3, the Authority shall make an application in the Form annexed hereto to the Accountant General, Bombay, for the refund of the said amount, and the Accountant General shall refund the same amount to the Authority after verifying that it had been received by him and was credited to the State Government under Rule 3.
MINIMUM WAGES (CENTRAL) RULES, 1950
In exercise of the powers conferred by section 30 of the Minimum Wages Act, 1948 (11 of 1948), the Central Government is pleased to make the following rules, the same having been previously published as required by the said section, namely:
RULE 1 SHORT TITLE AND EXTENT
These rules may be called the Minimum Wages (Central) Rules, 1950.
RULE 2 INTERPRETATIONS
In these rules, unless the context otherwise requires,-
(a) 'Act' means the Minimum Wages Act, 1948;
(b) 'advisory committee' means an advisory committee appointed under section 6-and includes an advisory sub-committee appointed under that section;
(c) 'Authority' means the authority appointed under sub-section (1) of section 20-;
(d) 'Board' means the Advisory Board appointed under section 7-;
(e) 'Chairman' means a Chairman of the Advisory Board, the Committee or the Advisory Committee, as the case may be, appointed under section 9-;
(f) 'Committee' means a Committee appointed under clause (a) of subsection (1) of section 5-and includes a sub-committee appointed under that section;
(ff) 'day' means a period of twenty-four hours beginning at midnight; (g) 'form' means a form appended to these rules; (h) Inspector' means a person appointed as Inspector under section 19-;
(i) 'registered trade union' means a trade union registered under the Indian Trade Union Act, 1926-;
(j) 'section' means a section of the Act; and
(k) All other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.
RULE 3 TERM OF OFFICE OF THE MEMBERS OF THE COMMITTEE AND THE ADVISORY COMMITTEE
The term of office of the members of the Committee or an Advisory Committee shall be such as in the opinion of the Central Government is necessary for completing the enquiry into the scheduled employment concerned and the Central Government may, at the time of the constitution of the Committee or an Advisory Committee, as the case may be, fix such terms and may, from time to time, extend it as circumstances may require.
RULE 4 TERM OF OFFICE OF MEMBERS OF THE BOARD
(1) Save as otherwise expressly provided in these rules, the term of office of a non-official member of the Board, shall be two years commencing from the date of his nomination:
Provided that such member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is nominated.
(2) A non-official member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.
(3) The official members of the Board shall hold office during the pleasure of the Central Government.
RULE 4A NOMINATION OF SUBSTITUTE MEMBERS
If a member is unable to attend a meeting of the Committee or the Board, the Central Government or the body which nominated him may, by notice in writing signed on its behalf and by such member and addressed to the chairman of the said Committee or the Board, nominate a substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting.
RULE 5 TRAVELLING ALLOWANCE
A non-official member of the Committee, an Advisory Committee or the Board shall be entitled to draw travelling and halting allowances for any journey performed by him in connection with his duties as such member at the rates and subject to the conditions applicable to a Government servant of the first class under the appropriate rules of the Central Government.
RULE 6 STAFF
(1) The Central Government may appoint a Secretary to the Committee, an Advisory Committee or the Board, and such other staff as it may think necessary, and may fix the salaries and allowances payable to them and specify their conditions of service.
(2) (i) The Secretary shall be the Chief Executive Officer of the Committee, the Advisory Committee or the Board; as the case may be. He may attend the meetings of such Committee, Advisory Committee or the Board but shall not be entitled to vote at such meetings.
(ii) The Secretary shall assist the Chairman in convening meetings and shall keep a record of the minutes of such meetings and shall take necessary measures to carry out the decisions of the Committee, the Advisory Committee or the Board, as the case may be.
RULE 7 ELIGIBILITY FOR RE-NOMINATION OF THE MEMBERS OF THE COMMITTEE, ADVISORY COMMITTEE AND THE BOARD
An outgoing member shall be eligible for re-nomination for the member- ship of the Committee, Advisory Committee or the Board, of which he was a member.
RULE 8 RESIGNATION OF THE CHAIRMAN AND MEMBERS OF THE COMMITTEE, ADVISORY COMMITTEE AND THE BOARD AND FILLING OF CASUAL VACANCIES
(1) A member of the Committee, Advisory Committee or the Board other than the Chairman may, by giving notice in writing to the Chairman, resign his membership.
(2) The Chairman may resign by a letter addressed to the Central Government.
(3) When a vacancy occurs or is likely to occur in the membership of the Committee, Advisory Committee or the Board, the Chairman shall submit a report to the Central Government immediately. The Central Government shall then take steps to fill vacancy.
RULE 9 CESSATION AND RESTORATION OF MEMBERSHIP
(1) If a member of the Committee, Advisory Committee or the Board fails to attend three consecutive meetings, he shall subject to the provisions of sub-rule (2), cease to be a member thereof.
(2) A person, who ceases to be a member under sub-rule (1) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership he may apply therefor within thirty days from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee, the Advisory Committee or the Board, as the case may be, and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate, the member shall be restored to membership immediately after a resolution to that effect is adopted.
RULE 10 DISQUALIFICATION
(1)A person shall be disqualified for being nominated as, and for being a member of the Committee, Advisory Committee or the Board, as the case may be,-
(i) if he is declared to be of unsound mind by a competent court; or
(ii) if he is an undischarged insolvent; or
(iii) if before or after the commencement of the Act, he has been convicted of an offence involving moral turpitude.
(2) If any question arises whether a disqualification has been incurred under sub-rule (1) the decision of the Central Government thereon shall be final.
RULE 11 MEETINGS
The Chairman may, subject to the provisions of rule 12-, call a meeting of the Committee, Advisory Committee or the Board, as the case may be, at any time he thinks fit: Provided that on a requisition in writing from not less than one half of the members the Chairman shall call a meeting within fifteen days from the date of the receipt of such requisition.
RULE 12 NOTICE OF MEETINGS
The Chairman shall fix the date, time and place of every meeting, and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meeting shall be sent to each member by registered post at least fifteen days before the date fixed for such meeting : Provided that in the case of an emergent meeting, notice of seven days only may be given to every member.
RULE 13 CHAIRMAN
(1) The Chairman shall preside at the meetings of the Committee, Advisory Committee or the Board, as the case may be.
(2) In the absence of the Chairman at any meeting the members shall elect from amongst themselves by a majority of votes, a member, who shall preside at such meeting.
RULE 14 QUORUM
No business shall be transacted at any meeting unless at least one-third of the members are present: Provided that if at any meeting less than one-third of the members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of member present:1[Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members by telegram or by written communication].
RULE 15 DISPOSAL OF BUSINESS
All business shall be considered at a meeting of the Committee, Advisory Committee or the Board, as the case may be, and shall be decided by a majority of the votes of the members present and voting. In the event of an equality of votes the Chairman shall have a casting vote: Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and by securing written opinion of the members: Provided further that no decision on any matter under the preceding proviso shall be taken unless supported by not less than a two-thirds majority of the members.
RULE 16 METHOD OF VOTING
Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.
RULE 17 PROCEEDINGS OF THE MEETING
(1) The proceedings of each meeting showing inter-alia the names of the members present thereat shall be forwarded to each member and to the Central Government as soon after the meeting as possible and in any case, not less than seven days before the next meeting.
(2) The proceedings of each meeting shall be confirmed with such modification if any, as may be considered necessary at the next meeting.
RULE 18 SUMMONING OF WITNESSES AND PRODUCTION OF DOCUMENTS
(1) A Committee, Advisory Committee or the Board may summon any person to appear as a witness in the course of an enquiry. Such summons may require a witness to appear before it on a date specified therein and to produce any books, papers or other documents and things in his possession or under his control relating in any manner to the enquiry.
(2) A summons under sub-rule (1) may be addressed to an individual or an organisation of employers or a registered trade union of workers.
(3) A summons under this rules may be served-
(i) in the case of an individual, by being delivered or sent to him by registered post;
(ii) in the case of an employers organisation or a registered trade union of workers, by being delivered or sent by registered post to the secretary or other principal officer of the organisation or union, as the case may be.
(4) The provisions of the Code of Civil Procedure, 1908 (5 of 1908)-relating to the summoning and enforcement of the appearance of witnesses and the production of documents shall, so far as may be, apply to proceedings before a Committee, Advisory Committee or the Board.
2[(5) All books, papers and other documents or things produced before a Committee, or the Board in pursuance of a summons issued under sub-rule (1)may be inspected by the Chairman and independent members, and also by such parties as the Chairman may allow with the consent of the other party, but the information so obtained shall be treated as 'confidential' and the same shall be made public only with the consent in writing of the party concerned:
Provided that nothing contained in this rule shall apply to the disclosure of any such information for the purpose of a prosecution under section 193 of the Indian Penal Code (45 of 1860)-]
RULE 19 EXPENSES OF WITNESSES
Every person who is summoned and appears as a witness before the Committee, the Advisory Committee or the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in civil courts in the State.
RULE 20 MODE OF COMPUTATION OF THE CASH VALUE OF WAGES
The retail prices at the nearest market shall be taken into account in computing the cash value of wages paid in kind and of essential commodities supplied at concession rates. This computation shall be made in accordance with such directions as may be issued by the Central Government from time to time.
RULE 21 TIME AND CONDITIONS OF PAYMENT OF WAGES AND THE DEDUCTIONS PERMISSIBLE FROM WAGES.
(1)(i) The wage period with respect to any scheduled employment for which
wages have been fixed shall not exceed one month and the wages of a worker in such employment shall be paid-
(a) in the case of establishments in which less than one thousand persons are employed, before the expiry of the seventh day, and
(b) in the case of other establishments before the expiry of the tenth day, after the last day of the wage period in respect of which the wages are payable.
(ii) Where the employment of any person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.
(iii) The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules. Explanation.-Every payment made by the employed person to the employer or his agent shall. For the purposes of these rules, be deemed to be a deduction from wages.
(2) Deductions from the wages of a person employed in a scheduled employment shall be of one or more of the following kinds, namely :-
(i) fines;
(ii) deductions for absence from duty;
(iii) deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
(iv) deductions for house accommodation supplied by the employer;
(v) deductions for such amenities and services supplied by the employer as the Central Government may, by general or special order, authorise. Explanation.-The words 'amenities and services' in this clause docs not include the supply of tools and protective required for the purposes of employment;
(vi) deductions for recovery of advances or for adjustment of over payments of wages: Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and, in no case, shall the monthly installment of deduction exceed one-fourth of the wages earned in that month;
(vii) deductions of income-tax payable by the employed person;
(viii) deductions required to be made by order of a court or other competent authority;
(ix) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Fund Act, 1925-, applies or any recognised provident fund as defined in section 58A of the Indian Income-tax Act, 1922-, or any provident fund approved in this behalf by the Central Government during the continuance of such approval;
(x) deductions for payment to co-operative societies3[or deductions for recovery of loans advanced by an employer from out of a fund maintained for the purpose by the employer and approved in this behalf by the Central Government] or to a scheme of insurance approved by the Central Government;
4[(xi) deductions for recovery or adjustment of amounts, other than wages, paid to the employed person in error or in excess of what is due to him : Provided that prior approval of the Inspector or any other officer authorised by the Central Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions.]
5[(xii) deductions made with the written authorisation of the employed per- sons (which may be given once generally and not necessarily every time a deduction is made), for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government;]
6[(xiii) deductions made with the written authorisation of the employed person for contributions to the National Defence Fund or the Prime Minister's National Relief Fund or to any Defence Savings Scheme7 [approved by the Central Government or to such other Fund as the Central Government] may, by notification in the Official Gazette, specify in this behalf; and]
8[(xiv) deductions for recovery of loans granted for house building or other purposes approved by the Central Government, and for the interest due in respect of such loans, subject to any rules made or approved by the Central Government regulating the extent to which such loans may be granted and the rate of interest payable thereon.]
8[(2A) Notwithstanding anything contained in these rules, the total amount of deductions which may be made under sub-rule (2) in any wage period, from the wages of an employee shall not exceed-
(i) 75 per cent of such wages in cases where such deductions are wholly or partly made for payments to Consumer Co-operative Stores run by any Cooperative Society under clause (x) of sub-rule (2); and
(ii) 50 per cent of such wages in any other case: Provided that where the total amount of deductions which have to be made under sub-rule (2) in any wage period from the wages of any employee exceeds the limit specified in clause (i), or, as the case may be, clause (ii) of this sub-rule, the excess shall be carried forward and recovered from the wages of succeeding wage period or wages periods as the case may be, in such number of installments as may be necessary.]
(3) Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him.
9[(4) The amount of fine or deduction for damage or loss mentioned in sub- rule (3) shall be subject to such limits as may be specified in this behalf by the Central Government. All such fines imposed and deductions made shall be recorded in the registers maintained in Forms I and II, respectively. These registers shall be kept at the works pot and maintained up to-date. Where no fine or deduction has been imposed or made on or from any employee in a wage period, a 'nil' entry shall be made across the body of the relevant register at the end of the wage period, indicating also in precise terms the wage period to which the 'nil' entry relates.]
10[(4A) Every employer shall send annually a return in Form III11[* * *] so as to reach the Inspector not later than the 1st February following the end of the year to which it relates.
12[(5) The amount of fine imposed under sub-rule (3) shall be utilised only for such purposes beneficial to the employees as are approved by the Central Government.]
(6) Nothing in this rule shall be deemed to affect the provisions of the Payment of Wages Act, 1936.]
RULE 22 PUBLICITY TO THE MINIMUM WAGE FIXED UNDER THE ACT
Notices13[in Form IX-A] containing the minimum rates of wages fixed together with14[abstracts of] the Act, the rules made thereunder and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment15[at the main entrances to the establishment and at its offices] and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice boards of all sub-divisional and District offices.
RULE 23 16[WEEKLY DAY OF REST
(1) Subject to the provisions of this rule, an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the 'rest day') which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment: Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days: Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf. Explanation.-For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule-
(a) any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work,17[* * *]
(b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes Act, 1947-,18[and
(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day], shall be deemed to be days on which the employee has worked.
(2) Any such employee shall not be required or allowed to work in a scheduled employment on the rest day unless he has or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day: Provided that no substitution shall be made which will result in the employee working for more than ten days consecutively without a rest day for a whole day.
(3) Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest day, the rest day shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.
(4) An employee shall be granted for the rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day: Provided that where the minimum daily rate of wages of the employee as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty-six, or where the actual daily rate of wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee, no wages for the rest day shall be payable, and in case the employee works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate; and if any dispute arises whether the daily rate of wages has been worked out as aforesaid, the Chief Labour Commissioner may, on application made to him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written representations: Provided further that in the case of an employee governed by a piece rate scheme, the wages for the rest day, or, as the case may be, the rest day, and the substituted rest day, shall be such as the Central Government may, by notification in the Gazette of India, prescribe, having regard to the minimum rate of wages fixed under the Act, in respect of the scheduled employment.Explanation.-In this sub-rule 'next preceding clay' means the last day on which the employee has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the substituted rest day falls on a day immediately after the rest day, the next preceding day means the last day on which the employee has worked, which precedes the rest day.19[* * *]
20[(5)] The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the employee shall be entitled only to the more favourable terms aforesaid. Explanation.-For the purposes of this rule, 'week' shall mean a period of seven days beginning at midnight on Saturday night.]
RULE 24 NUMBER OF HOURS OF WORK WHICH SHALL CONSTITUTE A NORMAL WORKING DAY.
(1) The number of hours which shall constitute a normal working day shall be-
(a) in the case of an adult, 9 hours;
(b) in the case of a child, 4 hours.
(2) The working day of an adult worker shall be so arranged that inclusive of the intervals for rest, if any, it shall not spread over more than twelve hours on any day.
(3) The number of hours of work in the case of an adolescent shall be the same as that of an adult or a child according as he is certified to work as an adult or a child by a competent medical practitioner approved by the Central Government.
(4) The provisions of sub-rules (1) to (3) shall, in the case of workers in agricultural employment, be subject to such modifications as may, from time to time, be notified by the Central Government.
21[(5) No child shall be employed or permitted to work for more than 41/2 hours on any day.]
RULE 24A NIGHT SHIFTS
Where a worker in a scheduled employment works on a shift which extends beyond midnight-
(a) a holiday for the whole day for the purposes of rule 23-shall in his case mean a period of twenty-four consecutive hours beginning from the time when his shift ends; and
(b) the following day in such a case shall be deemed to be the period of twenty-four hours beginning from the time when such shift ends, and the hours after midnight during which such worker was engaged in work shall be counted towards the previous day.
RULE 25 EXTRA WAGES FOR OVERTIME
22[(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of such overtime work, be entitled to wages at double the "ordinary rate of wages". Explanation.-The expression "ordinary rate of wages" means the basic wage plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed of food-grains and other articles as the person employed is for the time being entitled to but does not include a bonus.]
23[(2) A register of overtime shall be maintained by every employer in Form IV in which entries under the columns specified therein shall be made as and when overtime is worked in any establishment. The register shall be kept at the works-pot and maintained upto-date. Where no overtime has been worked in any wage period, a 'nil' entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the 'nil' entry relates].
RULE 26 FORM OF REGISTERS AND RECORDS
24[(1) A Register of Wages shall be maintained by every employer at the work-spot in Form X.]
25[(1A) Every employer shall, in respect of each person employed in the establishment, complete the entries pertaining to a wage period-
(a) in columns 1 to 15 of Form X, before the date on which the wages for such wage period fall due ;
(b) in columns 16 and 17 of the said Form, on the date when payment is made, and obtain the signature or thumb impression of the employee in column 18 of the said Form on the date when payment is made.]
24[(2) A Wage Slip in Form XI shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages.]
(3) Every employer shall get the signature or the thumb impression of the every person employed on the26[Register of wages] and Wage slip.
(4) Entries in the26[Register of Wages] and wage slip shall be authenticated by the employer or any person authorised by him in this behalf.
27[(5) A muster roll shall be maintained by every employer at the works-pot in Form V and the attendance of each person employed in the establishment shall be recorded daily in that Form within 3 hours of the commencement of the work shift or relay for the day, as the case may be.]
28[* * *]
RULE 26A
29[Preservation of registers A register required to be maintained under rules 21(4)-,25(2)-and26(1)-30[and the muster roll required to be maintained underrule 26(5)-] shall be preserved for a period of three years after the date of last entry made therein,]
RULE 26B 31[PRODUCTION OF REGISTERS AND OTHER RECORDS.
(1) All registers and records required to be maintained by an employer under these rules shall be produced on demand before the Inspector during the course of inspection of the establishment: Provided that the Inspector may, if it is necessary, demand the production of the registers and records in his office or such other public place as may be nearer to the employer;
(2) Any infringement of the provisions of the Act or these rules noticed by the Inspector and communicated to the employer during the course of an inspection or otherwise, shall be rectified by the employer and compliance report in respect thereof shall be submitted to the Inspector, on or before the date specified by him in this behalf.]
RULE 26C
Notwithstanding anything contained in these Rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the Rules framed thereunder, an alternative suitable Form in lieu of any of the Forms prescribed under these Rules may be used with the previous approval of the Central Government.]
RULE 27
(1) An application under sub-section (2) of section 20-or sub-section (1) of section 21-, by or on behalf of an employed person or group of employed persons shall be made in duplicate in Form. VI, VIA or VII, as the case may be, one copy of which shall bear the prescribed court fee.
(2) A single application under section 20-read with sub-section (1) of section 21-may be presented on behalf or in respect of a group of employed persons, if they are borne on the same establishment and their claim relates to the same wage period or periods.]
RULE 28 AUTHORISATION
The authorisation to act on behalf of an employed person or persons, under sub-section (2) of section 20-or of sub-section (1) of section 21-shall be given in Form VIII by an instrument which shall be presented to the authority hearing the application and shall form part of the record.
RULE 29 APPEARANCE OF PARTIES
(1) If an application under sub-section (2) of section 20-orsection 21-is entertained, the Authority shall serve upon the employer by registered post a notice in Form IX to appear before him on a specified date with all relevant documents.
(2) If the employer or his representative fails to appear on the specified date, the authority may hear and determine the application ex parte.
(3) If the applicant or his representative fails to appear on the specified date, the authority may dismiss the application.
(4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order, and the application shall then be reheard after service of notice on the opposite party of the date fixed for re-hearing, in the manner specified in sub-rule (1).
RULE 30 COSTS
(1) The authority, for reasons to be recorded in writing, may direct that the cost of any proceeding pending before it shall not follow the event.
(2) The costs which may be awarded shall include-
(i) expenses incurred on account of court-fees;
(ii) expenses incurred on subsistence money to witnesses; and
(iii) pleader's fees to the extent of ten rupees provided that the authority in any proceeding, may reduce the fees to a sum not less than five rupees or for reasons to be recorded in writing increase it to a sum not exceeding twenty-five rupees.
(3) Where there are more than one pleaders or more than one applicants or opponents the authority may, subject as aforesaid, award to the successful party or parties such costs as it may deem proper.
RULE 31 COURT FEES
The Court fee payable in respect of proceedings under section 20-shall be-
(i) for every application to summon a witness - One rupee in respect of each witness;
(ii) for every application made by or on behalf of an individual - One rupee;
34[(iii) for every application made on behalf or in respect of a number of employees - One rupee per employee subject to a maximum of twenty rupees:] Provided that the authority may, if in its opinion, the applicant is pauper, exempt him wholly or partly from the payment of such fees : Provided further that no fee shall be chargeable,-
(a) from persons employed in agriculture; or
(b) in respect of an application made by an Inspector.
RULE 32 EXPLANATIONS
These rules shall not apply in relation to any scheduled employment insofar as there are already in force rules applicable to such employment making equally satisfactory provisions for the matters dealt with by these rules.]
Footnotes:
1. Substituted by the Minimum Wages (Central) (Second Amendment) Rules, 1974, w.e.f. 13-7-1974.
2. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1969, w.e.f. 21-3-1970.
3. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1960.
4. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1937.
5. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1961.
6. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1980, w.e.f. 21-6-1980. Earlier existing item (xiii) was inserted by the Minimum Wages (Central) (Amendment) Rules, 1963.
7. Corrected for "approved by the Central Government" by the corrigendum vide Notification No. GSR 463 (E), dated 2-8-1980.
8. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1980, w.e.f, 21-6-1980.
9. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1960.
10. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1960.
11. The words "showing the deductions from wages" omitted by the Minimum Wages (Central) (Second Amendment) Rules, 1962.
12. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1954.
13. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1954.
14. Substituted for "extracts from" by the Minimum Wages (Central) (Amendment) Rules, 1960.
15. Substituted for "at such place as may be selected by the Inspector" by the Minimum Wages (Central) (Amendment) Rules, 1960.
17. Word "and" omitted by the Minimum Wages (Central) (Third Amendment) Rules, 1963.
18. Inserted, by the Minimum Wages (Central) (Third Amendment) Rules, 1963.
19. Sub-rule (5) omitted by the Minimum Wages (Central) (Amendment) Rules, 1979,. w.e.f. 27-1-1979.
20. Sub-rule (6) renumbered as sub-rule (5),by the Minimum Wages (Central) (Amendment) Rules, 1979,. w.e.f. 27-1-1979 .
21. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1954.
22. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1979, w.e.f. 27-1-1979.
23. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1960.
24. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1966.
25. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1974, w.e.f. 2-2-1974.
26. Substituted for "Wage Book" and "Wages Books", respectively, by the Minimum Wages (Central) (Amendment) Rules, 1965, w.e.f. 15-5-1965.
27. Substituted by the Minimum Wages (Central) (Amendment) Rules, 1974, w.e.f. 2-2-1974.
28. Sub-rule (6) was omitted by the Minimum Wages (Central) (Amendment) Rules, 1963. Earlier it was inserted by the Minimum Wages (Third Amdt.) Rules, 1961.
29. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1960.
30. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1960.
34. Inserted by the Minimum Wages (Central) (Amendment) Rules, 1960.
