Download Business Environment - Minimum Wages Act, 1948 - Part 3 - Notes - Business Management and more Study notes Business Administration in PDF only on Docsity! ENFORCEMENT OF THE ACT INSPECTORS (Sec.19). The appropriate Government may, by notification in the official Gazette, appoint inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions [Sec. 19(1)]. The powers and functions of the inspectors so appointed are almost similar to those of the inspectors appointed under the Payment of Wages Act, 1936. The inspectors have e to see that the provisions of the Minimum Wages Act are complied with. CLAIMS (Sec.20). The appropriate Government may, by notification in the official Gazette, appoint an Authority to hear and decide for any specified area all claims (a) arising out of payment of less than the minimum rates of wages; or (b) in respect of the payment of remuneration for the day of rest under Sec.13 (1)(b) or for work done on days of rest under Sec.13 (1)(c); (c) in respect of wages at the overtime rate under Sec. 14 to employees employed or paid in that area [Sec.20 (1)]. OFFENCES AND PENALTIES Penalties for offences (Secs.22 and 22-A). Any employer who— (i) Pays to any employee less than the minimum rates of wages fixed for that employee’s class of work, or less than the amount due to his under the provision of this Act; or (ii) Contravenes any rule or order made under Sec.13, Shall be punishable with imprisonment for a term, which may extend to six months, or with fine, which may extend to Rs.500, or with both [Sec.22]. In imposing any fine for offence under Sec.22, the court shall take into consider on the amount of any compensation already awarded against the accused in any proceedings taken under Sec.20 (Proviso to Sec.22). Further, any employer who contravenes any provision of this Act or of any rule or order made there under shall, if no other penalty is provided for such contravention by the Act, be punishable with fine which may extend to Rs. 500 [Sec.22-A]. CONTRACTING OUT [Sec.25] According to the Section 25 of the Act, any agreement or contract between the employer and the employee by which the employee gives upon his right to minimum, wages or any privilege or concession accruing to his under the Act is null and void, in so far it purports to reduce the minimum rate of wages fixed under the Act. I it immaterial whether the contract or agreement was entered into either before or after the commencement of the Act. EXEMPTIONS AND EXCEPTIONS (Sec. 26) The appropriate Government may— (a) Direct that provisions of this Act shall not be applicable in relation to the wages payable to disabled persons [Sec 26(1)]. (b) Direct by notification in the official Gazette that the provisions of the Act or any of them shall not apply to all or any class of employees, employed in any scheduled employment [Sec.26 (2)]. (c) Exempt some specified employments from the application of some or all the provisions of this Act [Sec 26(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 his dependent on him. A member of the employer’s family includes his or her spouse or child or parent or brother or sister (Explanation to Sec 26(3)]. RECENT AMENDMENTS IN THE ACT On the basis of recommendations of Central Advisory Board in its meeting held on December 19, 2003, the National Minimum Wage has been raised from Rs. 55 to Rs. 66 per day with effect from February 1, 2004. This act is of interest to women workers, as it sets minimum wages for employees, which include those working on a temporary basis, Piece rate workers and workers paid daily wages. In addition, no employee can be asked to work
