N Minimum Wages Act 1948 Aanchalgupta035 Yahoocom 20250121 122435 1 112
N Minimum Wages Act 1948 Aanchalgupta035 Yahoocom 20250121 122435 1 112
The
Minimum Wages Act, 1948
(Minimum Wages Act, 1948)
[Act 11 of 19481 as amended up to Act 4 of 2005 and updated as of 30th June, 2024]
[15th March, 1948]
CONTENTS
2. Interpretation
7. Advisory Board
14. Overtime
15. Wages of worker who works for less than normal working day
19. Inspectors
20. Claims
THE SCHEDULE
———
fixation of minimum wages for Agricultural labour as administrative difficulties in this case
will be more than in the other employments covered by the Schedule. The Bill also provides
for periodical revision of the wages fixed.
3. Provision has been made for appointment of Advisory Committees and Advisory
Boards, the latter for coordination of work of the Advisory Committees. The Committees
and the Boards will have equal representation of employers and workmen. Except on initial
fixation of minimum wages, consultation with the Advisory Committees will be obligatory
on all occasions of revision.
4. In cases where an employer pays less than the minimum wages fixed by Provincial
Governments, a summary procedure has been provided for recovery of the balance with
penalty and for subsequent prosecution of the offending party.
5. It is not ordinarily proposed to make any exemption in regard to employees of
undertakings belonging to the Central Government except that difficulties might arise
where the sphere of duty of such an employee covers more than one Province and when
the rates of minimum wages fixed by the different Provinces may be different. For this
purpose, a provision has been included that the minimum wages fixed by a Provincial
Government will not apply to employees in any undertaking owned by the Central
Government or employees of a Federal railway, except with the consent of the Central
Government.”
Statement of Objects and Reasons to Amending Act 30 of 1957.—Section 3(1)(a)
of the Minimum Wages Act, 1948, required minimum wages to be fixed before the 31st
December, 1954. It has not been possible to fix rates of wages before that date in respect
of certain employments, particularly employments in agriculture. It has, therefore, become
necessary to extend the time limit for fixing minimum rates of wages in respect of such
employments. It is proposed that the time limit be extended up to the 31st December,
1959.
2. Under Section 3(1)(b) of the Act, minimum rates of wages fixed should be reviewed
and revised, if necessary, at intervals not exceeding five years. In some cases it has not
been possible to review the minimum rates of wages within that period. The Act, as it
stands, does not authorise review or revision after the expiry of five years. The proposed
amendment to the section removes this difficulty.
3. Opportunity has been taken to make certain other amendments which are considered
necessary in the light of the working of the Act. The amendments either seek to clarify
points of doubt or to remove difficulties experienced in the working of the Act. The objects
of the more important of these amendments are—
(a) to secure uniformity in the procedure followed for fixation and revision of wages
(Section 5);
(b) to enable a Claims Authority to entertain claims not only in respect of payment of
wages which are less than the minimum wages but also in respect of payment of
remuneration for days of rest and payment of overtime wages (Section 20);
(c) to provide for the application of the Payment of Wages Act, 1936, to claims relating
to delay in payment of wages or non-payment of wages (Section 22-F);
(d) to specify the persons liable to punishment in the case of offences by companies
(Section 22-C) and to make a general provision for punishment of offences for which
no penalty is provided in the Act (Section 22-A); and
(e) to ensure prompt disbursement of wages to labour employed by Government
contractors by exempting from attachment certain assets of such contractors in the
hands of the Government (Section 22-E).”
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(aa) “adult” means a person who has completed his eighteenth year of age;]
(b) “appropriate Government” means,—
(i) in relation to any scheduled employment carried on by or under the authority of
9
the [Central Government or a railway administration], or in relation to a mine,
10
oilfield or major port, or any corporation established by [a Central Act], the
Central Government; and
11
(ii) in relation to any other scheduled employment, the [State] Government;
12
[(bb) ‘child’ means a person who has not completed his fourteenth year of age;]
(c) “competent authority” means the authority appointed by the appropriate
Government by notification in its Official Gazette to ascertain from time to time the
cost of living index number applicable to the employees employed in the scheduled
employments specified in such notification;
(d) “cost of living index number”, in relation to employees in any scheduled
employment in respect of which minimum rates of wages have been fixed, means
the index number ascertained and declared by the competent authority by
notification in the Official Gazette to be the cost of living index number applicable
to employees in such employment;
(e) “employer” means any person who employs, whether directly or through another
person, or whether on behalf of himself or any other person, one or more
employees in any scheduled employment in respect of which minimum rates of
wages have been fixed under this Act, and includes, except in sub-section (3) of
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
13
named under [clause (f) of sub-section (1) of Section 7 of the Factories Act,
1948 (63 of 1948)], as manager of the factory;
(ii) in any scheduled employment under the control of any Government in India in
respect of which minimum rates of wages have been fixed under this Act, the
person or authority appointed by such Government for the supervision and
control of employees or where no person or authority is so appointed, the head
of the department;
(iii) in any scheduled employment under any local authority in respect of which
minimum rates of wages have been fixed under this Act, the person appointed
by such authority for the supervision and control of employees or where no
person is so appointed, the chief executive officer of the local authority;
(iv) in any other case where there is carried on any scheduled employment in
respect of which minimum rates of wages have been fixed under this Act, any
person responsible to the owner for the supervision and control of the
employees or for the payment of wages;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “scheduled employment” means an employment specified in the Schedule, or any
process or branch of work forming part of such employment;
(h) “wages” means all remuneration, capable of being expressed in terms of money,
which would, if the terms of the contract of employment, express or implied, were
fulfilled, be payable to a person employed in respect of his employment or of work
14
done in such employment, [and includes house rent allowance], but does not
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include—
(i) the value of—
(a) any house-accommodation, supply of light, water, medical attendance, or
(b) any other amenity or any service excluded by general or special order of the
appropriate Government;
(ii) any contribution paid by the employer to any Pension Fund or Provident Fund
or under any scheme of social insurance;
(iii) any travelling allowance or the value of any travelling concession;
(iv) any sum paid to the person employed to defray special expenses entailed on
him by the nature of his employment; or
(v) any gratuity payable on discharge;
(i) “employee” means any person who is employed for hire or reward to do any work,
skilled or unskilled, manual or clerical, in a scheduled employment in respect of
which minimum rates of wages have been fixed; and includes an out-worker to
whom any articles or materials are given out by another person to be made up,
cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise
processed for sale for the purposes of the trade or business of that other person
where the process is to be carried out either in the home of the out-worker or in
some other premises not being premises under the control and management of
that other person; and also includes an employee declared to be an employee by
the appropriate Government; but does not include any member of the Armed
15
Forces of the [Union].
STATE AMENDMENTS
DELHI.—In its application to the State of Delhi, in Section 2, after clause (g), the
following clause shall be inserted, namely:—
“(ga) State Government means the Lieutenant Governor of National Capital Territory
of Delhi, appointed by the President under Article 239 and designated as such under
Article 239-AA of the Constitution.” [Vide Delhi Act 3 of 2018, S. 2 (w.e.f. 4-5-2018)]
GUJARAT.—In its application to the State of Gujarat, in Section 2, in clause (e),—
(i) after the words “or through another person”, the words “including outsourcing
agency” shall be inserted;
(ii) after sub-clause (iv), the following explanation shall be added, namely:—
“Explanation.—For the purposes of this clause, “outsourcing agency” means an
agency which by a contractual agreement or otherwise, provides services or supplies
employees.”. [Vide Gujarat Act 29 of 2015, S. 10 (w.e.f. 1-1-2016)]
MADHYA PRADESH.—In clause (e) of S. 2 for the words, brackets and figures “and
includes, except in sub-section (3) of Section 26” the words, brackets and figures “and
includes a person deemed to be an employer under S. 18-A and further includes, except in
sub-section (3) of S. 26” shall be substituted. [Vide M.P. Act 11 of 1959, S. 2]
In Section 2 clause (i) shall be renumbered as clause (ee) and to clause (ee) as so
renumbered the following Explanation shall be added, namely:
“Explanation.—An employee who has been dismissed, discharged or retrenched from
employment or whose employment has been otherwise terminated shall, in respect of all
claims arising out of payment of less than the minimum rates of wages or in respect of
the payment of remuneration for days of rest or for work done on such days under
clause (b) or clause (c) of sub-section (1) of S. 13 or of wages at the overtime rate
under S. 14 during the period of his employment be deemed to be an employee for the
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Provided further that the State Government may, instead of fixing minimum rates of wages
under this sub-clause for the whole State, fix such rates for a part of the State, and in the
case of an employment under any local authority the State Government may fix such rates
for any specified local authority, or class of local authorities;”;
(b) in sub-clause (ii),
(i) after the figure “1959” the following proviso shall be inserted, namely:
“Provided that where the appropriate Government is the State Government, this sub-clause
shall have effect as if the words, figures and letters “before the 31st day of December,
1959” had been deleted; and
(ii) for the words “provided that” the words “Provided further that” shall be
substituted;
(c) in sub-clause (iii) the following provisos shall be added at the end, namely:
“Provided that, the State Government may, instead of fixing minimum rates of wages
under this sub-clause for the whole State, fix such rates for a part of the State:
Provided further that, where the State Government has for any reason not fixed the
minimum rates of wages in respect of any such employment before the expiry of one year
from the date of such notification, nothing contained in this sub-clause shall, after the
commencement of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State
Government from fixing the minimum rates of wages in respect of such employment even
after the expiry of the said period of one year.”
(B) to sub-section (1-A), the following proviso shall be added, namely:
“Provided that, where the State Government has for any reason not fixed the
minimum rates of wages in respect of any scheduled employment within one year from
the date on which it came to a finding as aforesaid in respect of such employment,
nothing contained in this sub-section shall, after the commencement of the Minimum
Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the
minimum rates of wages in respect of such employment even after the expiry of the said
period of one year.” [Vide Gujarat Act 22 of 1961, S. 2]
KERALA.—(1) Section 3 in its application to the fixation of minimum rates of wages in
respect of employment specified in Part I and Part II of the Schedule to the Act, in relation
to which the appropriate Government is the State Government, shall have effect in the
State of Kerala subject to the amendments specified below:
(2) In sub-section (1) of S. 3,—
(i) in the opening words, for the words “The appropriate Government” the words “The
State Government” shall be substituted;
(ii) In clause (a)—
(a) in sub-clause (i) and (ii), for the figures letters and words “31st day of December,
1959” the figures, letters and words “31st day of March, 1961, or such other date,
not being later than the 31st day of March, 1962, as the State Government may,
from time to time, fix by notification in the Gazette”, shall be substituted;
(b) after the existing proviso, the following further proviso shall be inserted, namely:
“Provided further that where, in fixing the minimum rates of wages of any employment
under sub-clause (i) or sub-clause (ii), any class of employees is left out, the State
Government may, at any time, fix the minimum rates of wages payable to such class of
employees.
Explanation.—For the purposes of this proviso, the expression ‘employees left out’ with
reference to an employment shall include—
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(i) employees employed in a particular locality in the employment, the minimum rates
of wages payable to whom have not been fixed;
(ii) employees employed in any process or branch of work which was not in existence in
the employment at the time when the minimum rates of wages were fixed;” [Vide
Kerala Act 18 of 1960, S. 2]
MADHYA PRADESH.—(1) In S. 3, in sub-section (1),—
(a) the proviso to sub-clause (ii) of clause (a) shall be omitted; and
(b) after sub-clause (iii), the following provisos shall be inserted, namely:—
“Provided that where for any reason, the State Government has not fixed the minimum
rates of wages in respect of any scheduled employment within the periods specified in sub-
clause (i), (ii) and (iii) it may, by notification, extend from time to time, the said periods
by further period not exceeding three years in the aggregate in each case:
Provided further that the State Government may, instead of fixing minimum rates of wages
under sub-clauses (i), (ii) and (iii) for the whole State, fix such rates for a part of the State
or for any specified class or classes of such employment or category or categories of
employees in such employment in the whole State or part thereof.”;
(2) To sub-section (1-A), the following provisos shall be added, namely:—
“Provided that, where for any reason the State Government has not fixed the
minimum rates of wages in respect of any scheduled employment within the period
specified in this sub-section, the State Government may, by notification, extend from
time to time, the said period by a further period not exceeding one year in the
aggregate:
Provided further that the State Government may, instead of fixing minimum rates of
wages under this sub-section for the whole State, fix such rates for a part of the State or
for any specified class or classes of such employment or category or categories of
employees in such employment in the whole State or part thereof.”
(3) After sub-section (1-A), the following sub-section shall be inserted, namely:—
“(1-B) Notwithstanding anything contained in sub-section (1) the State Government
may, at the time of the review under clause (b) of that sub-section,—
(a) split up the class or classes of such employment or category or categories of
employees in such employment or amalgamate the class or classes of such
employment or category or categories of employees in such employment and revise
the minimum rates of wages fixed in respect thereof under sub-section (1);
(b) fix the minimum rates of wages for the class or classes of such employment or
category or categories of employees in such employment as were not in existence at
the time of fixing the minimum rates under sub-section (1) or were in existence but
were not covered by such fixation;
(c) fix the minimum rates of wages, mentioned under clause (a) or clause (b), for the
whole State or for any such part thereof for which they were not fixed under sub-
section (1) or extend the minimum rates fixed under sub-section (1) for any part of
the State, to the whole State or any other part thereof.”. [Vide M.P. Act 23 of 1961,
S. 3]
MAHARASHTRA.—
A. (1) in clause (a) of sub-section (1),—
(a) in sub-clause (i) the words, figures and letters “before the 31st day of December,
1959” shall be deleted; and the following proviso shall be added at the end, namely:
“Provided that, the State Government may, instead of fixing minimum rates of wages
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under this sub-clause for the whole State, fix rates for a part of the State, and in the case
of an employment under any local authority the State Government may fix such rates for
any specified local authority, or class of local authorities;
(b) in sub-clause (ii) the words, figures and letters “before the 31st day of December,
1959” shall be deleted;
(c) in sub-clause (iii), the following proviso shall be added at the end, namely:
“Provided that, the State Government may, instead of fixing minimum rates of wages
under this sub-clause for the whole State, fix such rates for a part of the State:
Provided further that, where the State Government has not for any reason fixed the
minimum rates of wages in respect of any such employment before the expiry of one year
from the date of such notification, nothing contained in this sub-clause shall, after the
commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the
State Government from fixing the minimum rates of wages in respect of such employment
even after the expiry of the said period of one year.”
(2) to sub-section (1-A), the following proviso shall be added, namely:
“Provided that, where the State Government has not for any reason fixed the
minimum rates of wages in respect of any scheduled employement within one year from
the date on which it came to a finding as aforesaid in respect of such employment,
nothing contained in this sub-section shall, after the commencement of the Minimum
Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing
the minimum rates of wages in respect of such employment even after the expiry of the
said period of one year.” [Vide Mah. Act 10 of 1961, S. 2]
B. In Section 3, in sub-section (1), in clause (a), for the proviso the following shall be
substituted, namely:—
“Provided that, the State Government may, instead of fixing minimum rates of wages
under this clause for the whole Sate, 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
authorities. [Vide Mah. Act 3 of 1963, S. 3]
UTTAR PRADESH.—In sub-clauses (i) and (ii) of clause (a) of sub-section (1) of Section 3
in its application to Uttar Pradesh for the figure “1959” wherever occurring the figure
“1960” shall be substituted. [Vide U.P. Act 22 of 1960, S. 2]
► Nature and scope.—Section 3(1-A) makes it discretionary for the Government to fix minimum
wages even for employments in which there are less than 1000 employees, Ram Kumar Misra v. State of
Bihar, (1984) 2 SCC 451 : 1984 SCC (L&S) 276.
‘Learners’ in an industry are entitled to minimum wage prescribed for an unskilled worker in that
industry, Kanta Devi v. State of Haryana, 1994 Supp (2) SCC 508 : 1994 SCC (L&S) 1128 (II).
► Fixation of minimum rates of wages.—The fixation of minimum rates of wages in respect of any
scheduled employment by the appropriate Government is an administrative act which is final and not
subject to judicial review on the question of the quantum of wages fixed on humanitarian ground, A.P.
Hotels Association v. Government of A.P., Labour Employment, Training and Factories Department,
2002 SCC OnLine AP 664.
Minimum wages cannot be fixed for teachers, Haryana Unrecognised Schools v. State of Haryana,
(1996) 4 SCC 225 : 1996 SCC (L&S) 923.
► Factors for consideration.—Capacity of the employer to pay, held, is not a relevant consideration
in fixing of minimum wage, Airfreight Ltd. v. State of Karnataka, (1999) 6 SCC 567 : 1999 SCC (L&S)
1185.
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When bare minimum wages structure is prescribed, which is necessary for the survival of a family,
the consideration which weighed with the State Government as to what is the bare minimum requirement
of a family, is a relevant consideration, Vibha Synthetics (P) Ltd. v. State of Maharashtra, 2005 SCC
OnLine Bom 1282.
Identifying the employers paying more than minimum wages and excluding them from the operation of
the notification prescribing the minimum rates of wages, held, was not a condition precedent for issuing
such a notification, Airfreight Ltd. v. State of Karnataka, (1999) 6 SCC 567 : 1999 SCC (L&S) 1185.
► Validity of notification.—A notification fixing the same rate of minimum wages for the entire State
without considering the capacity of cinema owners in different regions is bad for arbitrariness, N.
Achuthan v. State, 1992 SCC OnLine Ker 128.
► Powers of Tribunal.—The Tribunal can take into account rates of minimum wages fixed in other
awards. The Tribunal is not bound by the fixation of the minimum rates of wages by the Government and
can fix higher rates as minimum wages in its award, Jaydip Industries v. Workmen, (1972) 3 SCC 302.
Section 3(2-A) is violative of Article 14 of the Constitution of India, Engineering Workers' Union v.
Union of India, 1990 SCC OnLine Bom 225.
► Wages of children.—Children engaged in match factories to sort out the manufactured product
and to process it for packing should be given at least 60 per cent of the prescribed minimum wage for an
adult doing the same job, C. Mehta v. State of T.N., (1991) 1 SCC 283 : 1991 SCC (L&S) 299.
► Fixing of wages of a polisher.—State Government, in exercise of its statutory power under
Section 3, must issue a notification for fixing wages of a polisher, Sanobanu Nazirbhai Mirza v.
Ahmedabad Municipal Transport Service, (2013) 16 SCC 719 : (2014) 6 SCC (Cri) 378.
► Minimum wages, Fixation of.—Non-constitution of committees to hold enquiries in the revision of
wages cannot be held to be bad, as Section 5(1)(b) does not contemplate constitution of Committees.
Advice from the advisory board is only a consultatory procedure, not a mandatory procedure.
Government has elbow space to include Production manager and apprentices within employee under the
Act, revise minimum wages, State of Tamil Nadu v. Renga Apparels (India) Pvt. Ltd., 2016 SCC OnLine
Mad 6275 : (2016) 3 LW 865.
4. Minimum rate of wages.—(1) Any minimum rate of wages fixed or revised by the
appropriate Government in respect of scheduled employments under Section 3 may consist
of—
(i) a basic rate of wages and a special allowance at a rate to be adjusted, at such
intervals and in such manner as the appropriate Government may direct, to accord
as nearly as practicable with the variation in the cost of living index number
applicable to such workers (hereinafter referred to as the “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.
STATE AMENDMENTS
DELHI.—In its application to the State of Delhi, in Section 4, after sub-section (2), the
following sub-section shall be inserted, namely:—
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“(3) The appropriate government, in fixing or revising the minimum rates of the
wages under foregoing sub-sections, shall take into account the skill required, the
arduousness of the work assigned to the worker, the cost of living of the worker and
other such components which are related to fixing or revising minimum rates of wages
as the Government may think appropriate.”. [Vide Delhi Act 3 of 2018, S. 3 (w.e.f. 4-5-
2018)]
► Minimum wage.—The concept of minimum wages, held, implies wages ensuring not only
sustenance of the employee and his family but also preservation of his efficiency as a worker, Airfreight
Ltd. v. State of Karnataka, (1999) 6 SCC 567 : 1999 SCC (L&S) 1185.
Dearness allowance is part and parcel of cost of necessities of life, A.P. Hotels Association v.
Government of A.P., Labour Employment, Training and Factories Department, 2002 SCC OnLine AP
664.
Attendance bonus is not part of minimum wages fixed under the Act, Manganese Ore (India) Ltd. v.
Chandi Lal Saha, 1991 Supp (2) SCC 465 : 1992 SCC (L&S) 202.
► Concession from minimum wages.—Sub-sections 1(iii) and (2) of Section 4 have to be read with
Section 11. In absence of a notification u/Section 11(3), a mere declaration in the notification of minimum
wages that the rates were all inclusive ones, or the provisions of Section 4(1)(iii) could not sustain the
deduction of cash value of grain concession from the minimum wages, Manganese Ore India Ltd. v.
Chandi Lal Saha, 1991 Supp (2) SCC 465 : 1992 SCC (L&S) 202.
► Absolvence from liability.—Where the employer is paying a total sum which is higher than the
minimum rates of wages, held, would not be liable to pay variable dearness allowance (VDA) in addition
thereto, Airfreight Ltd. v. State of Karnataka, (1999) 6 SCC 567 : 1999 SCC (L&S) 1185.
Sheltered workshop establishment as a part of scheme providing for long term earning opportunities
for handicapped persons is required to pay minimum wages to its employees particularly, when the
enterprise is run by Government, Delhi Administration v. Presiding Officer, 2003 SCC OnLine Del 852.
► Wages for children: Children sorting out manufactured product and processing the same for
packing in match factories should be given at least 60 per cent of the minimum wage prescribed for an
adult for the same job, C. Mehta v. State of T.N., (1991) 1 SCC 283 : 1991 SCC (L&S) 299.
► Minimum wage as a factor while determining compensation.—As per Government of Madhya
Pradesh notification under Section 3 of Minimum Wages Act, 1948, a person employed as a driver earns
Rs. 128 per day, however wage rate is only a yardstick and may at times fail to meet requirements to
maintain basic quality of life since it is not inclusive of factors of cost of living index and therefore not an
absolute factor to be taken to determine compensation under future loss of income. It would be just and
reasonable to consider the appellant's daily wages at Rs. 150 per day, Jakir Hussein v. Sabir, (2015) 7
SCC 252 : (2015) 2 SCC (L&S) 427 : (2015) 3 SCC (Cri) 72 : (2015) 3 SCC (Civ) 584.
In absence of documentary evidence on record, while determining just and reasonable compensation
for fatal accident victim in private employment or self-employment, reliance must be placed on notified
minimum wages, Neeta v. Maharashtra SRTC, (2015) 3 SCC 590 : (2015) 2 SCC (Cri) 353.
STATE AMENDMENTS
MADHYA PRADESH.—Section 11 of the Principal Act is renumbered as Section 4-A in M.P.
vide S. 21 of M.P. Act 23 of 1961.
23
[5. Procedure for fixing and revising minimum wages.—(1) In fixing minimum rates of
wages in respect of any scheduled employment for the first time under this Act or in
revising minimum rates of wages so fixed, the appropriate Government shall either—
(a) appoint as many committees and sub-committees as it considers necessary to
hold enquiries and advise it in respect of such fixation or revision, as the case may
be, or
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(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.]
STATE AMENDMENTS
ASSAM.—In Section 5 at the end of clause (a) of sub-section (1), for the comma and the
word “or” after the word “be”, a colon shall be substituted and the following proviso shall
be added, namely:
“Provided the committees and sub-committees as so appointed may advise the
appropriate Government in respect of fixation of wages on interim measure after holding
such preliminary enquiries as the committee or the sub-committee, as the case may be,
considers necessary in this behalf and the appropriate Government after considering
such advice may fix the wages pending the fixation of the minimum rate of wages as
required under sub-section (2), or”. [Vide Assam Act 19 of 1964, S. 2 (w.e.f. 11-8-
1964)]
MADHYA PRADESH.—Fixation of minimum wages in respect of certain scheduled
employments.—Notwithstanding anything contained in Section 5 or any other provision
contained therein relating to the fixation or revision of minimum rates of wages in
scheduled employment and any judgment, decree, or order of any Court to the contrary the
minimum rates of wages in respect of employments in Items 2, 3, 5, 6, 7, 8 and 11 in Part
I and in respect of employment in Part II of the Schedule to the said Act shall be and shall
always, in respect of each such employment, be deemed to be as specified in Table
appended hereto and it is hereby enacted that the said minimum rates of wages shall be
payable by the employer in the said scheduled employments and be enforceable against
him with effect from the 1st January, 1959, as if the provisions herein contained have been
in force at all material times.
► Nature and scope.—Notification fixing rates of minimum wages for skilled, semi-skilled and
unskilled employees exhaust the types of workers which would be employed in any undertaking including
a vanaspati ghee manufacturing concern but excepting specialists and technical experts which do not fall
under the category of employees embraced by the Act, Champak Lal H. Thakkar v. State of Gujarat,
(1980) 4 SCC 329 : 1981 SCC (L&S) 9. Minimum Wages Act, 1948 contemplates that minimum wage
rates should be fixed in the scheduled industries with the dual object of providing sustenance and
maintenance of the worker and his family and preserving his efficiency as a worker, Kala Devi v. State of
H.P., 2009 SCC OnLine HP 784.
► Retrospective effect.—State Government can revise minimum rates of wages retrospectively
under the Minimum Wages Act, Association of Planters of Kerala v. State of Kerala, 1996 SCC OnLine
Ker 408.
► Interference by court.—Notifications fixing minimum wages should not be interfered with under
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Article 226 of the Constitution of India merely on the ground of some irregularities in the constitution of
the committee or in the procedure adopted by it, Ministry of Labour and Rehabilitation v. Tiffin's Barytes
Asbestos and Paints Ltd., (1985) 3 SCC 594 : 1985 SCC (L&S) 902.
The scope of judicial review in matters like fixation of minimum wages is limited. Under Article 226 of
the Constitution, the Court cannot sit in appeal over the rates fixed by the State Government. The scope is
limited to finding out whether the considerations that weighed with the State Government while fixing the
minimum rates of wages were relevant or not, Vibha Synthetics Pvt. Ltd. v. State of Maharashtra, 2005
SCC OnLine Bom 1282.
► ‘Representation’.—Under sub-section (2) of Section 5 the right to make representation extends to
the date specified in the notification under Section 5(1)(b) and that right cannot be confined to a date
anterior to it, Vasudevan v. State of Kerala, 1959 SCC OnLine Ker 143.
Where the final notification mentioned that representations had been received and considered, held, it
was not necessary that it should have contained a discussion of the pros and cons of points taken in the
representations, “Arbuda Bhuvan” Tea Shop v. State of Maharashtra, 1991 SCC OnLine Bom 33.
► Principles of natural justice.—It is unnecessary to go into the question whether the power given
under the Act to fix minimum wages is a quasi-judicial power or an administrative power. The principles of
natural justice are not embodied rules. What particular rule of natural justice, if any, shall apply to a given
case must depend to a great extent on the facts and circumstances of that case, the framework of the law
under which the inquiry is held and the constitution of the Tribunal or body of persons appointed for the
purpose, Chandra Bhavan Boarding and Lodging, Bangalore v. State of Mysore, (1969) 3 SCC 84.
The advice of the committee or advisory board is not binding on the Government, State of A.P. v.
Narayana Velur Beedi Manufacturing Factory, 1973 SCC (L&S) 369.
► Procedure.—No procedure is prescribed in the Act for the Board to function. It can devise its own
procedure, State of Rajasthan v. Hari Ram Nathwani, (1975) 2 SCC 517 : 1975 SCC (L&S) 356.
Different minimum wages can be fixed in different industries and different places, Chandra Bhavan
Boarding & Lodging, Bangalore v. State of Mysore, (1969) 3 SCC 84.
► Revision of Wages.—Minimum wages are not contractual but statutory. Failure to fix or revise is
not only a statutory violation but is a breach of fundamental right in Article 23 of the Constitution of India.
If a workman is paid less than the minimum wages it can be legitimately presumed that he is acting under
the force of some compulsion as he has no choice, Association of Planters of Kerala v. State of Kerala,
1996 SCC OnLine Ker 408.
► Fixation of wages.—There is no power vested in the Government by 1948 Act to make alterations
to the terms of a contract. The 1948 Act only confers jurisdiction on Government to fix/revise minimum
rate of wages notwithstanding the contract. Categorisation/classification by deeming workers in one
category to belong to other category on achieving stipulated years of experience is in direct contravention
of contract between employer and employee and beyond jurisdiction of Government, Hindustan
Sanitaryware & Industries Ltd. v. State of Haryana, (2019) 15 SCC 774.
6. Advisory committees and sub-committees.—[Repealed by the Minimum Wages
(Amendment) Act, 1957 (30 of 1957), S. 5.]
7. Advisory Board.—For the purpose of co-ordinating the work of 24[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.
► Rival sub-committee.—Advisory Board cannot appoint a rival sub-committee to the one appointed
by Government, State of Rajasthan v. Hari Ram Nathwani, (1975) 2 SCC 517 : 1975 SCC (L&S) 356.
► Representation.—The employers of every item in the Schedule need not be represented on the
Minimum Wages Advisory Board, Jayachandran v. State of Kerala, 1984 SCC OnLine Ker 285.
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8. Central Advisory Board.—(1) For the purpose of advising the Central and [State]
Governments in the matters of the fixation and revision of minimum rates of wages and
other matters under this Act and for coordinating the work of the Advisory Boards, the
Central Government shall appoint a Central Advisory Board.
(2) The Central Advisory Board shall consist of persons to be nominated by the Central
Government representing employers and employees in the scheduled employments, who
shall be equal in number, and independent persons not exceeding one-third of its total
number of members; one of such independent persons shall be appointed the Chairman of
the Board by the Central Government.
9. Composition of committees, etc.—(1) Each of the committees, sub-committees 26[* *
*] 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.
STATE AMENDMENTS
MADHYA PRADESH.—In Section 9—
(1) After the words “and independent persons”, the words “including officers of
Government” shall be inserted;
(2) for the words “such independent persons” the words “such independent persons or
such officers of Government” shall be substituted; and
(3) the following proviso and the Explanation shall be inserted, namely:—
“Provided that the number of officers of Government shall not exceed two.
Explanation.—In this section—
(i) ‘a person representing employer’ shall mean—
(a) an employer; or
(b) an officer of an association of employers; or
(c) an officer of a federation of association of employers to which the association
referred to in clause (b) is affiliated;
(ii) ‘a person representing employees’ shall mean—
(a) an employee; or
(b) an officer of a trade union functioning in the scheduled employment; or
(c) an officer of a federation of trade unions in the State to which the trade union
referred to in clause (b) is affiliated.” [Vide M.P. Act 23 of 1961, S. 4]
RAJASTHAN.—To Section 9, the following Explanation shall be added and shall be
deemed always to have been added, namely:—
“Explanation.—For the purposes of this section, an officer of the State Government
shall be deemed to be ‘independent’ notwithstanding that the State Government is an
employer in any scheduled employment.”. [Vide Raj. Act 4 of 1969, S. 2]
► Representatives of employers.—“Persons representing employers” need not represent the
employers in the particular scheduled employments. Only a nexus between such persons and the
particular employment would be sufficient for their inclusion in the committee, Ministry of Labour and
Rehabilitation v. Tiffin's Barytes Asbestos and Paints Ltd., (1985) 3 SCC 594 : 1985 SCC (L&S) 902.
“Independent persons” are persons who belong neither to the category of employers nor to that of the
employees, Ministry of Labour and Rehabilitation v. Tiffins's Barytes Asbestos and Paints Ltd., (1985) 3
SCC 594 : 1985 SCC (L&S) 902. Where the Government itself is not the employer, government servants
interested in the implementation of the Act do not, for that reason only, become interested persons, Ibid.
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distinguishing State of Rajasthan v. Hari Ram Nathwani, (1975) 2 SCC 517 : 1975 SCC (L&S) 356.
► Constitution of Committee for revision of minimum wages.—Representation by way of
nomination is a well-accepted phenomenon. Thus, person nominated to represent interest of his employer
need not necessarily be employer himself but can be employee who is well-versed with working of the
organisation and subject, and is competent to represent interest of his employer which is in accordance
with Section 9. Such nominee would defend his employer's interests and not individual interest i.e. he
does not participate in his individual capacity but as representative of his employer Kerala Private
Hospital Assn. v. State of Kerala, (2018) 1 SCC 98.
STATE AMENDMENTS
SECTION 9-A
MADHYA PRADESH.—After Section 9, the following shall be inserted, namely:—
“9-A. Finality of orders constituting Board, Committee, sub-committee, etc.—No order
of the State Government nominating any person as a Chairman or a member of the
Advisory Board or a committee or sub-committee shall be called in question in any
manner and no act or proceeding in any manner in any court of law on the grounds
merely of the existence of any vacancy in or of any defect or irregularity in the
constitution of such Board, committee or sub-committee.”. [Vide M.P. Act 23 of 1961, S.
5]
RAJASTHAN.—After Section 9, the following new section shall be inserted, namely:—
“9-A. Finality of orders constituting Board, Committee, Sub-Committee, etc.—No
order of the State Government nominating any person as Chairman or a Member of the
Advisory Board or a Committee or Sub-Committee shall be called in question in any
manner and no action or proceedings before any Board, Committee or Sub-Committee
shall be called in question in any manner in any Court of law on the ground merely of
the existence of any vacancy in or of any defect or irregularity in the constitution of such
Board, Committee or Sub-Committee.”. [Vide Raj. Act 4 of 1969, S. 3]
TAMIL NADU.—After Section 9, the following section shall be inserted, namely:—
“9-A. Saving.—No order of the State Government nominating any person as the
Chairman or a member of the Advisory Board or a Committee or sub-committee shall be
called in question in any manner and no act or proceeding before any Board, Committee
or sub-committee shall be called in question in any manner in any Court of law on the
ground merely of the existence of any vacancy in or of any defect or irregularity in the
constitution of such Board, Committee or sub-committee.” [Vide T.N. Act 47 of 1981, S.
2]
27
[10. Correction of errors.—(1) The appropriate Government may, at any time, by
notification in the Official Gazette, correct clerical or arithmetical mistakes in any order
fixing or revising minimum rates of wages under this Act, or errors arising therein from any
accidental slip or omission.
(2) Every such notification shall, as soon as may be after it is issued, be placed before
the Advisory Board for information.]
11. Wages in kind.—(1) Minimum wages payable under this Act shall be paid in cash.
(2) Where it has been the custom to pay wages wholly or partly in kind, the appropriate
Government being of the opinion that it is necessary in the circumstances of the case may,
by notification in the Official Gazette, authorise the payment of minimum wages either
wholly or partly in kind.
(3) If the appropriate Government is of the opinion that provision should be made for
the supply of essential commodities at concession rates, the appropriate Government may,
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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 concession in respect of supplies of essential
commodities at concession rates authorised under sub-sections (2) and (3) shall be
estimated in the prescribed manner.
STATE AMENDMENTS
DELHI.—In its application to the State of Delhi, in Section 11,—
(1) in sub-section (1), for the words “in cash”, the words “by depositing the same in the
bank account of the employees, electronically or by account payee cheque” shall be
substituted.
(2) in sub-section (1), the following provisos shall be inserted, namely:—
“Provided that payment of wages to the workers employed on daily wages basis, not less
than minimum wages as notified from time to time by appropriate Government, may be
made in cash:
Provided further that in special circumstances which are beyond the control of employer
like-fire in the establishment, natural calamities, death of employer or director of the
establishment and other such circumstances as prescribed by appropriate government, the
payment of wages may be made in cash.”. [Vide Delhi Act 3 of 2018, S. 4 (w.e.f. 4-5-
2018)]
GUJARAT.—In its application to the State of Gujarat, in Section 11, to sub-section (1),
the following proviso shall be added, namely:—
“Provided that every establishment registered under the Factories Act, 1948 (63 of
1948) and every establishment registered under the Gujarat Shops and Establishments
Act, 1948 (Bom. LXXIX of 1948), wherein not less than twenty employees are engaged,
shall pay the minimum wages only through cheque or by depositing the same in any
Bank.”. [Vide Gujarat Act 29 of 2015, S. 11 (w.e.f. 1-1-2016)]
MAHARASHTRA.—(1) In its application to the State of Maharashtra, in Section 11—
(i) after sub-section (1), the following provisos shall be inserted, namely—
“Provided that, the minimum wages payable to the employees, who are in continuous
service as stipulated in Section 25-B of the Industrial Disputes Act, 1947 (14 of 1947) in
the scheduled employments and are drawing wages of Rs. 3000 per month or more, except
agricultural labourers and sugarcane cutting labourers, shall be paid either by an account
payee cheque drawn in favour of the employees or by crediting the wages in the bank
account of the employees:
Provided further that, the minimum wages payable to the employees in the scheduled
employments situated in the area of Thane District in the State of Maharashtra, or in any
other area as may be notified by the State Government in the Official Gazette, whether
they are in continuous service as stipulated in Section 25-B of the Industrial Disputes Act,
1947 (14 of 1947) or otherwise and irrespective of the amount of wages drawn, except
agricultural labourers and sugarcane cutting labourers, shall also be paid either by an
account payee cheque drawn in favour of the employees or by crediting the wages in the
bank account of the employees.”;
(ii) for the marginal note, the following marginal note shall be substituted, namely—
“Mode of payment of minimum wages.”. [Vide Maharashtra Act No. 26 of 2010, S. 3]
UTTAR PRADESH.—In its application to the State of Uttar Pradesh, in Section 11, for sub-
section (1), the following sub-section shall be substituted, namely—
“(1) Every employer/owner of Industrial or other establishment shall make payment
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of wages to his employee through cheque or N.E.F.T., E.C.S. or other banking solutions:
Provided that if the work of employed person is of temporary, casual or fixed term
then on his written consent and on submission of a copy, of his self attested aadhar
card, the employer can make cash payment of wages not more than rupees five
thousand once in three months.”. [Vide U.P. Act 11 of 2018, S. 2, dated 29-12-2017]
► Supply of essential commodities.—Unless authorised by a notification u/s. 11(3), the supply of
essential commodities at concessional rates cannot form part of minimum wages, Manganese Ore (India)
Ltd. v. Chandi Lal Saha, 1991 Supp (2) SCC 465 : 1992 SCC (L&S) 202.
12. Payment of minimum rates of wages.—(1) Where in respect of any scheduled
28
employment a notification under Section 5 [* * *] is in force, the employer shall pay to
every employee engaged in a scheduled employment under him wages at a rate not less
than the minimum rate of wages fixed by such notification for that class of employees in
that employment without any 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 (4 of 1936).
STATE AMENDMENTS
BIHAR.—/kkjk 12 esa mi&/kkjk (1) ds ckn fuEufyf[kr mi&/kkjk vUr%LFkkfir dh tk;sxh-
“(1-d) tgk¡aW fdlh vuqlwfpr fu;kstu ds lEcU/k esa U;wure etnwjh nj fu;r ;k iqujhf{kr
djus ds fy;s /kkjk 5 ds v/khu vf/klwpuk fuxZr djus ds Bhd igys bl izdkj fu;r ;k iqujhf{kr
nj ls vf/kd nj ij etnwjh ;k rks lafonk] iapkV (Award), : f<+ (Custom), O;ogkjh izFkk
(Usage) ;k djkj }kjk vFkok rRle; izoRr fdlh vU; fof/k ds v/khu ns; gks] rks ogha bl
vf/kfu;e esa fdlh ckr ds gksus ij Hkh] ,sls vuqlwfpr fu;kstu esa deZpkfj;ksa dks mlh
mPprj nj ij etnwjh ns; gksxh vkSj bl izdkj ns; etnwjh bl vf/kfu;e ds iz;kstukFkZ U;wure
etnwjh leh tk;sxhA” [Vide Bihar Act 5 of 1983, S. 3 (w.e.f. 30-1-1983)]
MADHYA PRADESH.—In Section 12 after sub-section (1), the following sub-section shall
be inserted, namely:—
“(1-A) Where immediately before the issue of a notification under S. 5 fixing or
revising the minimum rates of wages in respect of any scheduled employment, wages at
a rate higher than the rate so fixed or revised, were payable under this Act, or under any
law in force, then, notwithstanding anything contained in this Act, wages at such higher
rate shall be payable to the employees in such scheduled employment and the wages so
payable shall be deemed to be the minimum wages for the purposes of this Act.” [Vide
M.P. Act 23 of 1961, S. 6]
► Applicability.—Ahmedabad Panjrapole Sanstha, being covered by the Bombay Shops and
Establishments Act, 1948 was liable to pay the minimum wages which might be fixed, Ahmedabad
Panjrapole Sanstha v. Miscellaneous Mazdoor Sabha, 1987 Supp SCC 50 : 1987 SCC (L&S) 274.
► Payment of less than minimum wage.—The employer may fix any reasonable norm specifying
the quantity of work which must be turned out by the workman during the day, but if the workman does
not turn out work in conformity with such norm, the employer may take disciplinary action against the
workman and dismiss him, but cannot pay him anything less than the minimum wage, Sanjit Roy v. State
of Rajasthan, (1983) 1 SCC 525 : 1983 SCC (L&S) 217.
Payment of wages less than the minimum wage on the ground of less performance or output is illegal,
Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161 : 1984 SCC (L&S) 389, para 20.
13. Fixing hours for a normal working day, etc.—29[(1)] In regard to any scheduled
employment minimum rates of wages in respect of which have been fixed under this Act,
the appropriate Government may—
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(a) fix the number of hours of work which shall constitute a normal working day,
inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed to
all employees or to any specified class of employees and for the payment of
remuneration in respect of such day of rest;
(c) provide for payment for work on a day of rest at a rate not less than the overtime
rate.
30
[(2) The provisions of sub-section (1) shall, in relation to the following classes of
employees, apply only to such extent and subject to such conditions as may be prescribed:
—
(a) employees engaged on urgent work, or in any emergency which could not have
been foreseen or prevented;
(b) employees engaged in work in the nature of preparatory or complementary work
which must necessarily be carried on outside the limits laid down for the general
working in the employment concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed
before the duty is over;
(e) employees engaged in a work which could not be carried on except at times
dependent on the irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is
essentially intermittent when it is declared to be so by the appropriate Government on the
ground that the daily hours of duty of the employee, or if there be no daily hours of duty as
such for the employee, the hours of duty, normally include periods of inaction during which
the employee may be on duty but is not called upon to display physical activity or
sustained attention.]
STATE AMENDMENTS
MAHARASHTRA.—In Section 13,—
(a) in sub-section (1), after clause (a), the following shall be inserted, namely:—
“(aa) fix the number of hours of work which shall constitute a normal working week;”
(b) in sub-section (3), after the words “the appropriate Government” the words “or by
an officer not below the rank of a Deputy Commissioner of Labour especially
authorised by the State Government in this behalf” shall be inserted. [Vide Mah. Act
3 of 1963, S. 4]
14. Overtime.—(1) Where an employee, whose minimum rate of wages is fixed under
this Act by the hour, by the day or by such a longer wage period as may be prescribed,
works on any day in excess of the number of hours constituting a normal working day, the
employer shall pay him for every hour or for part of an hour so worked in excess at the
overtime rate fixed under this Act or under any law of the appropriate Government for the
time being in force, whichever is higher.
31
(2) Nothing in this Act shall prejudice the operation of the provisions of [Section 59 of
the Factories Act, 1948 (63 of 1948)] in any case where those provisions are applicable.
STATE AMENDMENTS
DELHI.—In its application to the State of Delhi, in Section 14, in sub-section (1), for the
words “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.”, the words “the employer shall pay him
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for every hour or for part of an hour so worked in excess at the overtime rate fixed under
this Act which shall not be less than two times of the normal rate of wages fixed under this
Act or under any law of the appropriate Government for the time being in force, whichever
is higher” shall be substituted. [Vide Delhi Act 3 of 2018, S. 5 (w.e.f. 4-5-2018)]
MADHYA PRADESH.—In Section 14 after sub-section (1) the following sub-section shall
be inserted, namely:—
“(1-A) The State Government may, by notification, fix the limit for overtime work in
any scheduled employment subject to such conditions and restrictions as may be
specified in the notification.” [Vide M.P. Act 23 of 1961, S. 7]
► Overtime.—The minimum rates of wages for overtime work need not as a matter of law be
confined to double the minimum wages fixed but may justly be fixed at double the wages ordinarily
received by the workmen as a fact, Y.A. Mamarde v. Authority under Mimimum Wages Act, (1972) 2
SCC 108.
Overtime under Section 14 is payable only to those employees who are getting a minimum rate of
wages as prescribed under the Act and not by those getting better wages, Municipal Council, Hata v.
Bhagat Singh, (1998) 2 SCC 443.
15. Wages of worker who works for less than normal working day.—If an employee
whose minimum rate of wages has been fixed under this Act by the day, works on any day
on which he was employed for a period less than the requisite number of hours constituting
a normal working day, he shall, save as otherwise 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.
16. Wages for two or more classes of work.—Where an employee does two or more
classes of work to each of which a different minimum rate of wages is applicable, the
employer shall pay to such employee in respect of the time respectively occupied in each
such class of work, wages at not less than the minimum rate in force in respect of each
such class.
STATE AMENDMENTS
MADHYA PRADESH.—In Section 16, for the words “in respect of the time respectively
occupied in each class of work, wages at not less than the minimum rate in respect of each
such class” the words “wages at the highest of the rates prescribed for such class” shall be
substituted. [Vide M.P. Act 23 of 1961, S. 8]
17. Minimum time rate wages for piece work.—Where an employee is employed on piece
work for which minimum time rate and not a minimum piece rate has been fixed under this
Act, the employer shall pay to such employee wages at not less than the minimum time
rate.
► Payment of less than minimum wage.—If the wages of an employee who incurs disability during
employment are protected without taking into account his output, then the disabled whose quality and
quantity of work are not questioned should not be denied dignity of labour by paying them less than the
minimum wages merely on ground of their being disabled, Delhi Administration v. Presiding Officer, 2003
SCC OnLine Del 852.
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
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performed by them, the wages paid to them, the receipts given by them and such other
particulars and in such form as may be prescribed.
(2) Every employer shall keep exhibited, in such manner as may be prescribed, in the
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 slips 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 by the
employer or his agent.
STATE AMENDMENTS
BIHAR.—In Section 18, after sub-section (3), the following sub-section shall be inserted,
namely:—
“(4) The appropriate Government may, by rules made under this Act, also provide for
the issue of identity cards and service certificates to employees employed in any
scheduled employment in such form and containing such particulars as may be
prescribed.” [Vide Bihar Act 9 of 1988, S. 2 (w.e.f. 19-2-1988)]
MADHYA PRADESH.—In Section 18, after sub-section (3) the following sub-section shall
be inserted, namely:
“(4) Every employer shall, in such scheduled employments as the State Government
may, by notification, specify in this behalf, display a notice of period of work including
overtime in respect of all or any of his employees in such manner as may be
prescribed.” [Vide M.P. Act 23 of 1961, S. 9]
MAHARASHTRA.—In Section 18, in sub-section (3), after the words “wage slips”, at both
the places where they occur, the words “and attendance cards” shall be inserted. [Vide
Mah. Act 3 of 1963, S. 5]
SECTION 18-A
GUJARAT.—In its application to the State of Gujarat, after Section 18, the following
section shall be inserted, namely:—
“18-A. Obligation of Employer.—(1) Every employer in such class of employment as
may be notified by the State Government, taking into consideration the number of
employees employed by him, shall get himself enrolled under the Self Certification cum
Consolidated Annual Return Scheme as may be prescribed.
(2) The State Government shall prescribe the audit and assessment norms for
compliance of labour laws and labour standards.
(3) The incentives to the employer for compliance of labour laws and labour standards
shall be, subject to the outcome of audit and assessment, as may be prescribed.
(4) Any employer who complies with the provision of sub-section (2) shall be eligible
for exemption from the inspections as provided under the Act.”. [Vide Gujarat Act 29 of
2015, S. 12 (w.e.f. the 1-1-2016)]
MADHYA PRADESH.—After Section 18, the following section shall be inserted, namely:—
“18-A. Liability of principals in certain cases.—(1) Subject to the provisons of sub-
section (2) where in any scheduled employment in respect of which minimum rates of
wages have been fixed under this Act, any person (hereinafter in this section referred to
as the principal) contracts with any other person (hereinafter in this section referred to
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as the contractor) for having any goods made for sale for the purposes of the trade or
business of the principal either wholly or partly out of materials supplied to the
contractor by such principal, then notwithstanding that the employees for making such
goods are employed by the contractor, the principal shall also in addition to the
contractor be deemed for all purposes of this Act to be the employer in relation to such
employees:
Provided that where by virtue of the provisions of sub-section (1) a principal is
convicted of an offence punishable under Section 22, he shall be punishable only with
fine as provided for in that section.
(2) The provisions of this section shall apply only to such scheduled employments as
the State Government may, by notification, specify in that behalf.” [Vide M.P. Act 11 of
1959, S. 2] [See Note below.]
After Section 18, the following section shall be inserted, namely:—
“18-A. Chief Inspector.—The State Government may, by notification, appoint any
person to be the Chief Inspector who shall exercise such powers and perform such
duties throughout the State as may be prescribed.” [Vide M.P. Act 23 of 1961, S. 10]
[See Note below.]
Note.—Original Section 18-A inserted vide S. 3 of M.P. Act 11 of 1959 and subsequently
renumbered as Section 22-CC by S. 21(b) of M.P. Act 23 of 1961. A new Section 18-A
inserted by S. 10 of M.P. Act 23 of 1961.
► Register of attendance.—An employer will be bound to maintain register under Minimum Wages
Rules for the workers engaged through contractor, V.V. Surya Rau v. Surendra Ramkrishna Tendulkar,
1997 SCC OnLine Bom 58.
19. Inspectors.—(1) The appropriate Government may, by notification in the Official
Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act,
and define the local limits within which they shall exercise their functions.
(2) Subject to any rules made in this behalf, an Inspector may, within the local limits for
which he is appointed—
(a) enter, at all reasonable hours, with such assistants (if any), being persons in the
32
service of the [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 thereunder, 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 given out-work and any out-workers, to give any information,
which is in his power to give, with respect to the names and addresses of the
persons to, for and from whom the work is given out or received, and with respect
to the payments to be made for the work;
33
[(d) 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
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Provided further that any application may be admitted after the said period of six
months when the applicant satisfies the Authority that he had sufficient cause for not
making the application within such period.]
39
[(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).
STATE AMENDMENTS
BIHAR.—(1) /kkjk 20 esa,—
(d) mi&/kkjk (1) esa “;k Je vk;qDr ls vU;wu iafDr dk jkT; ljdkj dk dksbZ inkf/kdkjh”
”kCnksa ds LFkku ij “;k Je v/kh{kd ls vU;wu iafDr dk jkT; ljdkj dk dksbZ inkf/kdkjh” ”kCn j
[ks tk;saxs:
“ijUrq ljdkj fdlh Hkh izkf/kd’r inkf/kdkjh dks vko”drk iM+us ij dSEi dksVZ djus dk
funs”k ns ldrh gSA”
([k) mi&/kkjk (2) esa “izkf/kdkjh vkosnd vkSj fu;kstd dh lquokbZ djsxk” ”kCnksa ds ckn
vkSj ”kCn “;k” ds igys ”kCn “laf{kIr : i ls” vUr%LFkkfir fd;s tk;saxs( vkSj
(x) mi&/kkjk (5) ds LFkku ij fuEufyf[kr mi&/kkjk izfrLFkkfir dh tk;sxh—
“(5) ,slh jde] ftlds Hkqxrku ds fy, bl /kkjk ds v/khu funs”k fn;k x;k gks] fcgkj ,oa
mM+hlk ifCyd fMekaM~l fjdojh ,sDV] 1914, (lu~ 1914 dk 4) ds cdk;s ds : i esa
olwyh ;ksX; gksxhA”
(?k) mi&/kkjk (6) ds LFkku ij fuEufyf[kr mi&/kkjk izfrLFkkfir dh tk;sxh—
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“(6) mi&/kkjk (1) ds v/khu fu;qDr fdlh izkf/kdkjh }kjk mi&/kkjk (3) ds v/khu fn;s x;s
funs”k ls O;fFkr dksbZ fu;kstd ;k deZdkj ;k bl vf/kfu;e ds vUrxZr fu;qDr dksbZ fujh{kd
mi&/kkjk (2) ds v/khu vkosnu fd;s tkus ij] funs”k dh rkjh[k ls 30 fnuksa ds Hkhrj ,slh
jhfr ls vkSj ,sls izkf/kdkjh ds ikl vihy dj ldsxk ftls jkT; ljdkj vf/klwpuk }kjk bl fufeRr
fofufnZ"V djs] vkSj og izkf/kdkjh vihy dh lquokbZ djus ds ckn ml funs”k dh] ftlds fo : }
vihy dh xbZ gks] laiq"V] mikarfjr ;k izfrofrZr dj ldsxk rFkk ml izkf/kdkjh }kjk fn;s x;s
vkns”k ds fo : } iqu% dksbZ vihy fdlh U;k;ky; esa ugha gksxhA”
(3) bl rjg izfrLFkkfir mi&/kkjk (6) ds ckn fuEufyf[kr ubZ mi&/kkjk vUr%LFkkfir dh
tk;sxh—
“(6-d) ;fn bl ckr dk lek/kku gks tk;s fd vkosnd i;kZIr dkj.k ls mi&/kkjk (6) esa
fofufnZ"V dkykof/k ds Hkhrj vihy u dj ldk rks mi&/kkjk (6) eas fufnZ"V izkf/kdkjh vfrfjDr
30 fnuksa ds Hkhrj ysfdu mlds ckn ugha] vihy djus dh vuqKk ns ldsxkA” [Vide Bihar Act
5 of 1983, S. 5 (w.e.f. 30-1-1983)]
(2) In Section 20—
(i) after sub-section (4), the following sub-section shall be inserted, namely:—
“(4-A) No employer shall, during the pendency of any proceeding arising out of any claim
case, take any action against any employee concerned in such claim case—
(a) by altering to the prejudice of such employee, the conditions of service applicable
to him immediately before the commencement of such proceedings, and
(b) by discharging, terminating the services in any manner or punishing whether by
dismissal or otherwise of such workers, save with the express permission in writing
of the Authority before whom the proceeding is pending.”;
(ii) after sub-section (5), the following sub-section shall be inserted, namely:—
“(5-A) At the time of hearing, the authority may direct the employers to deposit at least
50% of the claimed amount with the Authority excluding the amount of compensation. The
said amount may be paid to the claimant which shall be adjusted subsequently with the
decreed amount.” [Vide Bihar Act 9 of 1988, S. 3 (w.e.f. 19-2-1998)]
DELHI.—In its application to the State of Delhi, in Section 20, after sub-section (3), the
following sub-section shall be inserted, namely:—
“(3-A) During the pendency of the proceeding or inquiry in the application preferred
by the workman under sub-section (2), the workman shall not be retrenched, dismissed,
terminated or laid-off without the prior approval of the Authority before whom the
application is pending.”. [Vide Delhi Act 3 of 2018, S. 6 (w.e.f. 4-5-2018)]
KARNATAKA.—(1) In Section 20(1) for “stipendiary Magistrate” read “Judicial
Magistrate”—Vide Mysore Act 13 of 1965.
(2) In Section,—
(i) in sub-section (1), for the words “not below the rank of Labour Commissioner”, the
words “not below the rank of Assistant Labour Commissioner” shall be substituted.
(ii) in sub-section (4), for the words “fifty rupees” the words “one thousand rupees”
shall be substituted. [Vide Kar. Act 40 of 2017, S. 2]
KERALA.—In Section 20,—
(a) in sub-section (1), for the words “or any officer of the State Government not below
the rank of a Labour Commissioner”, the words “or any officer of the State
Government not below the rank of a Deputy Labour Commissioner” shall be
substituted;
(b) in sub-section (4), for the words “fifty rupees”, the words “one hundred rupees”
shall be substituted;
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(c) in sub-section (5), for clause (b), the following clause shall be substituted, namely:
—
“(b) if the Authority is not a Magistrate, by the Authority, as if it were arrears of revenue
due on land, without prejudice to any other mode of recovery.”. [Vide Kerala Act 23 of
2017, S. 2]
MADHYA PRADESH.—In Section 20—
(i) in the provisos to sub-section (2), for the words “six months” occurring twice, the
words, “one year” shall be substituted, and
(ii) to sub-section (4) the following shall be added, namely:—
“Provided that nothing in this sub-section shall apply to any application filed by an
Inspector under sub-section (2).” [Vide M.P. Act 23 of 1961, S. 12]
For sub-section (1) of Section 20, the following sub-section shall be substituted,
namely:—
“(1) The appropriate Government may, by notification in the Official Gazette, appoint
any Commissioner for Workmen's Compensation or any officer of the Central
Government exercising functions as a Labour Commissioner of any region or any officer
of the State Government not below the rank of Labour Commissioner or any other officer
with experience as a Judge of a Civil Court or as a stipendiary Magistrate or any Revenue
Officer not below the rank of Naib-Tahsildar to be the Authority to hear and decide for
any specified area all claims arising out of payment of less than minimum rates of wages
or in respect of the payment of remuneration for days of rest or for work done on such
days under clause (b) or clause (c) of sub-section (1) of Section 13 of wages at the
overtime rate under Section 14, to employees employed or paid in that area.” [Vide M.P.
Act 36 of 1976, S. 3]
MAHARASHTRA.—(1) In Section 20(1) for “Magistrate” read “Judicial Magistrate”—Vide
Bom. Act 8 of 1954.
(2) In Section 20, in sub-section (1), after the words “payment of less than the
minimum rates of wages” the words, brackets and figures “or in respect of wages not paid
within the time prescribed under sub-section (1) of Section 12” shall be inserted. [Vide
Mah. Act 3 of 1963, S. 6]
(3) In Section 20, in its application to the State of Maharashtra, to sub-section (1), the
following proviso shall be added, namely:—
“Provided that the State Government may, by notification in the Official Gazette,
appoint any Block Development Officer, Tahsildar, Additional Tahsildar or Naib-Tahsildar
to be the Authority to hear and decide for any area specified in the notification all such
claims of employees employed or paid in employment in agriculture in the area so
specified.
Explanation.—For the purposes of this proviso, the expression “Block Development
Officer” has the meaning assigned to it in the Maharashtra Zila Parishads and Panchayat
Samitis Act, 1961 (Mah. 5 of (1962).”. [Vide Mah. Act 25 of 1976, S. 2]
(4) In its application to the State of Maharashtra, in Section 20—
(1) In sub-section (1) for the words “any officer of the State Government not below
the rank of Labour Commissioner or any other officer with experience as a Judge of a
Civil Court or as a stipendiary Judicial Magistrate” the words “any officer of the State
Government not below the rank of the Assistant Labour Commissioner” shall be
substituted;
(2) For sub-section (5), the following sub-section shall be substituted, namely—
“(5) Any amount directed to be paid under this section may be recovered by any
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and consequently, consultation under Article 234 of the Constitution with the High Court in its appointment
is not necessary, Manager v. Regional Labour Commissioner (Central), 1992 SCC OnLine Bom 153.
► Parity in wages.—Invocation of jurisdiction under S. 20(1) for breach of orders passed under Ss.
13(1) and 14(1), explained. Social welfare legislation is to ensure and secure adequate living wages in
public interest. There is no scope for enquiry under S. 20(1), to examine principles of equal pay for equal
work, which dispute is to be determined by adjudicatory mechanism provided under the law, SAIL v.
Jaggu, (2019) 7 SCC 658.
of this Act, 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.
STATE AMENDMENTS
BIHAR.—/kkjk 22 ([k) esa “,d lky dk dkjkokl ;k 3000 #- rd tqekZus ;k nksuks” vUr%
LFkkfir fd;s tk;saxsA [Vide Bihar Act 5 of 1983, S. 6 (w.e.f. 30-1-1983)].
DELHI.—In its application to the State of Delhi, in Section 22, for the words “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”, the words “shall be punishable
with imprisonment for a term of three years, or with fine of fifty thousand rupees, or with
both.” shall be substituted. [Vide Delhi Act 3 of 2018, S. 7 (w.e.f. 4-5-2018)]
KARNATAKA.—In Section 22, for the words “which may extend to five hundred rupees”
the words “which shall not be less than five thousand rupees but which may extend to ten
thousand rupees” shall be substituted. [Vide Kar. Act 40 of 2017, S. 3]
KERALA.—In Section 22, for the words “five hundred rupees” the words “one lakh
rupees” shall be substituted. [Vide Kerala Act 23 of 2017, S. 3]
MADHYA PRADESH.—See below Section 22-C.
MAHARASHTRA.—In Section 22, in clause (a), after the words “provisions of this Act” the
following shall be inserted, namely:—
“or fails to pay the wages within the time prescribed under sub-section (1) of Section
12.” [Vide Mah. Act 3 of 1963, S. 7].
SECTION 22-1A
MAHARASHTRA.—After Section 22, the following new section shall be inserted, namely:—
“22-1A. Penalty for obstructing Inspector.—Whoever wilfuly 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.”. [Vide
Mah. Act 3 of 1963, S. 8]
*
22-A. General provision for punishment of other offences.—Any employer who
contravenes any provision of this Act or of any rule or order made thereunder shall, if no
other penalty is provided for such contravention by this Act, be punishable with fine which
may extend to five hundred rupees.
STATE AMENDMENTS
BIHAR.—/kkjk 22-d ds LFkku ij fuEufyf[kr /kkjk izfrLFkkfir dh tk,xh—
“22-d- vU; vijk/kksa ds fy, n.M dk lkekU; micU/k—;fn dksbZ fu;kstd bl vf/kfu;e ;k
blds v/khu cuk;s x;s fdlh fu;e ;k fn;s x;s fdlh vkns”k ds micU/k dk mYya?ku djs] rks og
N% eghus rd ds dkjkokl ;k nks gtkj : - ds tqekZus ;k nksuksa ls naMuh; gksxk] c”krsZ
fd bl vf/kfu;e esa ,sls mYya?ku ds fy, fdlh vU; ”kkfLr dk micU/k u gksA” [Vide Bihar Act
5 of 1983, S. 7 (w.e.f. 30-1-1983)].
DELHI.—In its application to the State of Delhi, in Section 22-A, for the words “with fine
which may extend to five hundred rupees”, the words “with imprisonment for a term of one
year, or with fine twenty thousand rupees or with both” shall be substituted. [Vide Delhi
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authorised by it in this behalf was prevented by sufficient cause from sanctioning the
making of the complaint within the period specified in sub-section (2), shall condone the
delay and allow the complaint to be made even after the expiry of the said
period.” [Vide Bihar Act 9 of 1988, S. 4 (w.e.f. 19-2-1988)].
DELHI.—In its application to the State of Delhi, after sub-section (2) of Section 22-B,
the following sub-section shall be inserted, namely:—
“(3) The court before whom the prosecution complaint is made under Section 22 shall
dispose of the same within a period of three months from the date of making of the
complaint.”. [Vide Delhi Act 3 of 2018, S. 9 (w.e.f. 4-5-2018)]
GUJARAT.—In Section 22-B, in sub-section (2) for clause (b) the following shall be
substituted, namely:—
“(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;” [Vide Gujarat Act 22 of
1961, S. 4]
MADHYA PRADESH.—In Section 22-B—
(i) in clause (a) of sub-section (1), for the words and figures “unless an application in
respect of the facts constituting such offence has been presented under Section 20”
the words and figures “unless a claim under Section 20 has been preferred before the
Authority” shall be substituted; and
(ii) in sub-section (2) in clause (a), for the words “one month” the words “three months”
shall be substituted. [Vide M.P. Act 23 of 1961, S. 13]
MAHARASHTRA.—In Section 22-B, in sub-section (2), clause (b), the following shall be
substituted, namely:—
“(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.” [Vide Mah. Act 10 of
1961, S. 4]
22-C. Offences by companies.—(1) If the person committing any offence under this Act
is a company, every person who at the time the offence was committed, was in charge of,
and was responsible to, the company for the conduct of the business of the company as
well as the company shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this
Act has been committed by 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 purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of
individuals, and
(b) “director” in relation to a firm means a partner in the firm.
STATE AMENDMENTS
SECTION 22-CC
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GUJARAT.—In its application to the State of Gujarat, the Minimum Wages Act, after
Section 22-C, the following section shall be inserted, namely:—
“22-CC. Compounding of offences.—(1) Any offence punishable under Section 22-A
may, either before or after the institution of the prosecution, on an application by the
alleged offender, be compounded by such officer or authority as the State Governrnent
may, by notification in the Official Gazette, specify in this behalf for such amount as
specified in the Table below.
TABLE
Section Comnounding amount
2 3
22-A Number of employees For first offence For second For third
employed in the offence offence
industry
1 to 50 ` 1500 ` 3000 ` 6000
51 to 100 ` 3000 ` 6000 ` 10,000
101 to 500 ` 4000 ` 8000 ` 15,000
more than 500 ` 5000 ` 10,000 ` 20,000
Provided that the State Government may, by notification in the Official Gazette,
amend the compounding amount specified in the Table above:
Provided further that the offence committed of the same nature shall be
compoundable only for the first three offences:
Provided also that such offences shall be compounded only after the alleged offender
has acted to the satisfaction of such officer or authority that such offence is not
continued any further:
Provided also that when an offence is compounded on an application by the employer,
then seventy-five per cent of the compounding amount received from him, shall be paid
to the concerned employee or equally amongst the employees and if any employees are
not identifiable, then the remaining amount shall be deposited in the Gujarat State
Social Security Board constituted under the Unorganised Workers' Social Security Act,
2008 (33 of 2008).
(2) Where an offence has been compounded under sub-section (1), no further
proceedings shall be taken against the offender in respect of such offence.”. [Vide
Gujarat Act 29 of 2015, S. 14 (w.e.f. 1-1-2016)]
MADHYA PRADESH.—(1) Section 18-A inserted by M.P. Act 11 of 1959 renumbered as
Section 22-CC in its application to M.P. [Vide S. 21(b) of M.P. Act 23 of 1961]
(2) For the State of Madhya Pradesh, Part IX and Section 16 of M.P. Act 21 of 2015
provides w.e.f. 27-11-2015 as follows:
“PART IX
COMPOSITION OF OFFENCES AND ABATEMENT OF TRIALS UNDER CERTAIN LABOUR LAWS
16. Composition of offences under certain Labour Laws in the State of Madhya
Pradesh.—(1) Notwithstanding anything contained in the following Acts, namely—
(i) Equal Remuneration Act, 1976 (No. 25 of 1976);
(ii) Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by
certain Establishments) Act, 1988 (No. 51 of 1988);
(iii) Minimum Wages Act, 1948 (No. 11 of 1948);
(iv) Payment of Wages Act, 1936 (No. 4 of 1936);
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(v) Sales Promotion Employees' (Conditions of Service) Act, 1976 (No. 11 of 1976), an
officer authorised by the State Government in this behalf by notification may
compound.
(a) any offence punishable with only fine under these Acts committed for the first
time or after expiry of a period of two years of commitment of previous offence (if
any), either before or after institution of the prosecution, on realisation of such
amount of composition fee, as he thinks fit, not exceeding the maximum amount
of fine but not less than half of the maximum amount of fine for the offence, or
(b) any offence punishable with fine and imprisonment up to three months under
these Acts committed for the first time, either before or after institution of the
prosecution, on realisation of composition fee of an amount equivalent to ten time
of the maximum fine subject to a minimum of Rs. 10,000 for offences punishable
with imprisonment up to one month Rs. 20,000 for offences punishable with
imprisonment up to two months or Rs. 30,000 for offences punishable with
imprisonment up to three months.
(2) When the offence is so compounded—
(i) before the institution of the prosecution the offender shall not be liable to prosecution
and shall, if in custody, be set at liberty;
(ii) after the institution of prosecution, the composition shall amount to acquittal of the
offender.”
MANIPUR.—After Section 22-C, the following section shall be inserted, namely:—
“22-CC. Compounding of offences.—An officer specially empowered by the State
Government in this behalf by notification in the Official Gazette may, subject to any
general or special order of the State Government in this behalf, compound any offence
punishable under this Act with fine only committed for the first time either before or
after the institution of the prosecution on realisation of such amount of composition fee
as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and
where the offence is so compounded—
(i) before the institution of the prosecution, the offender shall not be liable to
prosecution for such offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution, the composition shall amount to acquittal of
the offender.” [Vide Manipur Act 5 of 1993, S. 2]
UTTAR PRADESH.—After Section 22-C, the following section shall be inserted namely:—
“22-CC. Compounding of Offences.—An officer specially empowered by the State
Government in this behalf by notification may, subject to any general or special order of
the State Government in this behalf, compound any offence punishable under this Act
with fine only committed for the first time, either before or after the institution of the
prosecution, on realisation of such amount of composition fee as he thinks fit, not
exceeding the maximum amount of fine for the offence, and where the offence is so
compounded—
(i) before the institution of the prosecution the offender shall not be liable to prosecution
for such offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution, the composition shall amount to acquittal of
the offender.”. [Vide U.P. Act 35 of 1979, S. 3]
► Liability of directors.—Directors can be prosecuted along with the company for violation of the
Act and the rules without pinpointing in the complaint the specific part played by each of them, Hari
Charan Singh Dugal v. State of Bihar, 1987 SCC OnLine Pat 62.
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offence and shall be liable to the like punishment as if he were the employer and
the employer shall be discharged:
Provided that in seeking to prove, as aforesaid, the employer may be examined on oath,
and the evidence of the employer or his witness, if any, shall be subject to cross-
examination by or on behalf of the person whom the employer charges as the actual
offender and by the prosecution.
STATE AMENDMENTS
MADHYA PRADESH.—Section 22-D and Section 23 shall be renumbered as Section 23 and
Section 22-D respectively. [Vide M.P. Act 23 of 1961, S. 21(c).]
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.
► Scope.—Section 24 bars only a civil suit for recovery of wages and not the remedies under any
other Act, Prabhat Enlarging Works v. Prabhakar Antaramji Bagmare, 1984 SCC OnLine Bom 518.
25. Contracting out.—Any contract or agreement, whether made before or after the
commencement of this Act, whereby an employee either relinquishes or reduces his right
to a minimum rate of wages or any privilege or concession accruing to him under this Act
shall be null and void in so far as it purports to reduce the minimum rate of wages fixed
under this Act.
26. Exemptions and exceptions.—(1) The appropriate Government may, subject to such
conditions, if any, as it may think fit to impose, direct that the provisions of this Act shall
not apply in relation to the wages 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 43[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.
44
[(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 45[or to any
establishment or a part of any establishment in a scheduled employment], it is not
46
necessary to fix minimum wages in respect of such employees of that class [or in respect
of employees in such establishment or such part of any establishment] as are in receipt of
wages exceeding such limit as may be prescribed in this behalf, direct, by notification in
the Official Gazette and subject to such conditions, if any, as it may think fit to impose,
that the provisions of this Act or any of them shall not apply in relation to such
employees.]
(3) Nothing in this Act shall apply to the wages payable by an employer to a member of
his family who is living with him and is dependent on him.
Explanation.—In this sub-section a member of the employer's family shall be deemed to
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”kkldh; xtV esa vf/klwpuk fudky dj bl vf/kfu;e dh /kkjk 27 dh mi&/kkjk (1) ds v/khu
fu;qDr fdlh izkf/kdkjh ds le{k fdlh Hkh le; yafcr fdlh Hkh ekeys dks mBkdj ;k mls okil
eaxkdj ml ekeys dh fofgr jhfr ls fucVko ds fy, fdlh vU; fu;qDr izkf/kdkjh dks vUrfjr dj
ldsxkA” [Vide Bihar Act 5 of 1983, S. 9 (w.e.f. 30-1-1983)].
MADHYA PRADESH.—After Section 27, the following sections shall be inserted, namely:—
“27-A. Protection to persons acting under the Act.—No suit, prosecution or other legal
proceeding whatsoever shall lie against any person for anything which is in good faith
done or intended to be done under this Act.
27-B. Delegation of power.—(1) The State Government may by order, direct that any
power other than the power exercisable by it under Sections 27 and 30, shall in such
circumstances and in such manner, if any, as may be specified in the direction, be
exercised by any officer not below the rank of Assistant Commissioner of Labour or
authority subordinate to it.
(2) Nothing in the Act shall derogate from the right of the State Government to
exercise any power delegated to any officer or authority subordinate to it.” [Vide M.P.
Act 23 of 1961, S. 18]
► Scope.—Inclusion of employment in hospitals and nursing homes other than Government and
Employees' State Insurance hospitals and dispensaries is not violative of Article 14 of the Constitution of
India, Cancer Institute (W.I.A) v. State of T.N., 1995 SCC OnLine Mad 1013.
► Restriction on powers of State Government.—The statement of objects and reasons of the Act
does not place any restriction on the power of the State Government to add categories of employment to
the Schedule if the purpose is to safeguard the exploitation of the workers, Manmohan Singh v. State of
Punjab, 1992 SCC OnLine P&H 1364.
28. Power of the Central Government to give directions.—The Central Government may
48
give directions to a [State] Government as to the carrying into execution of this Act in
49
the [State].
29. Power of the Central Government to make rules.—The Central Government may,
subject to the condition of previous publication, by notification in the Official Gazette, make
rules prescribing the term of office of the members, the procedure to be followed in the
conduct of business, the method of voting, the manner of filling up casual vacancies in
membership and the quorum necessary for the transaction of business of the Central
Advisory Board.
30. Power of appropriate Government to make rules.—(1) The appropriate Government
may, subject to the condition of previous publication, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe the term of office of the members, the procedure to be followed in the
conduct of business, the method of voting, the manner of filling up casual
vacancies in membership and the quorum necessary for the transaction of business
50
of the committees, sub-committees [* * *] and the Advisory Board;
(b) prescribe the method of summoning witnesses, production of documents relevant
51
to the subject-matter of the enquiry before the committees, sub-committees [*
* *] and the Advisory Board;
(c) prescribe the mode of computation of the cash value of wages in kind and of
concessions in respect of supplies of essential commodities at concession rates;
(d) prescribe the time and conditions of payment of, and the deductions permissible
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from wages;
(e) provide for giving adequate publicity to the minimum rates of wages fixed under
this Act;
(f) provide for a day of rest in every period of seven days and for the payment of
remuneration in respect of such day;
(g) prescribe the number of hours of work which shall constitute a normal working
day;
(h) prescribe the cases and circumstance in which an employee employed for a period
of less than the requisite number of hours constituting a normal working day shall
not be entitled to receive wages for a full normal working day;
(i) prescribe the form of registers and records to be maintained and the particulars to
be entered in such registers and records;
(j) provide for the issue of wage books and wage slips and prescribe the manner of
making and authenticating entries in wage books and wage slips.
(k) prescribe the powers of Inspectors for purposes of this Act;
(l) regulate the 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.
STATE AMENDMENTS
MAHARASHTRA.—In Section 30, in sub-section (2)—
(1) In clause (g), for the words “a normal working day” the words “a normal working
day or week” shall be substituted;
(2) in clause (j), for the words “and wage slips” at both the places where they occur, the
words “or wage slips and attendance cards” shall be substituted. [Vide Mah. Act 3 of
1963, S. 10]
MADHYA PRADESH.—M.P. Act 21 of 2015, Part X, Part XI and Sections 17 and 18 in this
regard provides w.e.f. 27-11-2015:
“PART X
EXEMPTION FROM MAINTAINING MULTIPLE REGISTERS SUBMISSION OF MULTIPLE
RETURNS
17. Exemption from maintaining multiple registers and submission of
multiple returns under certain Labour Laws in the State of Madhya Pradesh.—
Notwithstanding anything contained in the provisions of the following Acts, namely—
(i) Contract Labour (Regulation and Abolition) Act, 1970 (No. 37 of 1970);
(ii) Equal Remuneration Act, 1976 (No. 25 of 1976);
(iii) Factories Act, 1948 (No. 63 of 1948);
(iv) Industrial Disputes Act, 1947 (No. 14 of 1947);
(v) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979 (No. 30 of 1979);
(vi) Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by
certain Establishments) Act, 1988 (No. 51 of 1988);
(vii) Maternity Benefit Act, 1961 (No. 53 of 1961);
(viii) Minimum Wages Act, 1948 (No. 11 of 1948);
(ix) Motor Transport Workers Act, 1961 (No. 27 of 1961);
(x) Payment of Bonus Act, 1965 (No. 21 of 1965);
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as added to the said Schedule in its application to the Bombay area of the State of Gujarat;
(b) the entries—
(i) “Employment in salt-pan industry,”; and
(ii) “Employment in the cotton ginning and cotton pressing factories.”;
as added to the said Schedule in its application to the Saurashtra area of the State of
Gujarat; and
(c) the entry—
“Employment in any shop or commercial establishment, other than covered under any
of the other entries in this Schedule.
Explanation.—For the purposes of this entry, the expressions ‘shop’ and ‘commercial
establishment’ shall have the same meanings as assigned to them in the Bombay Shops
and Establishments Act, 1948.”;
as added to the said Schedule in its application to the State of Bombay.
(2) In Part I of the Schedule to the Principal Act, after Entry 12, the following entries
shall be added to the said Part in its application to the State of Gujarat, namely:—
“13. Employment in any residential hotel, restaurant or eating house as defined in the
Bombay Shops and Establishments Act, 1948.
14. Employment in any industry in which any process of printing by letter-press,
lithography, photogravure or other similar work or incidential to such process or book-
binding is carried on.
15. Employment in any cotton ginning or cotton pressing manufactory.
16. Employment in any shop or commercial establishment, other than that covered
under any of the other entries in this Schedule.
Explanation.—For the purposes of this entry, the expressions ‘shop’ and ‘commercial
establishment’ shall have the meanings respectively assigned to them in the Bombay
Shops and Establishments Act, 1948.”
(3) The deletion under sub-section (1) of any entry specified in that sub-section shall
not affect any minimum rates of wages in force under the Principal Act, immediately before
the commencement of this Act in any area in respect of any employment specified in such
entry, and such rates shall, subject to the provisions of clause (b) of sub-section (1) of
Section 3 of the Principal Act, continue in force in such area as if they had been fixed or
revised in respect of the corresponding employment specified in the Schedule to the
Principal Act as amended by this section. [Vide Gujarat Act 22 of 1961, S. 5]
MAHARASHTRA.—(A)(1) In the Schedule, in Part 1, the following entries shall be deleted,
namely—
(a) the entries:
(i) “Employment in salt-pan industry”;
(ii) “Employment in any residential hotel, restaurant or eating house as defined in the
Bombay Shops and Establishments Act, 1948”;
(iii) “Employment in any industry in which any process of printing by letter-press,
lithography, photogravure or other similar work, or work incidental to such process or
book-binding is carried on”; and
(iv) “Employment in any cotton ginning or cotton pressing manufactory”;
as added to the said Schedule in its application to the Bombay area of the State of
Maharashtra;
(b) the entries—
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Employment in bakery.
Employment in fruit preservation.
Employment in saw mill.
Employment in brick making.
Employment in glass manufactory.
Employment in trunk and bucket manufactory.
Employment in carpentry.
Employment in cement industry.
Employment in paper industry.]
96
[Employment in earth cutting, earth removing, earth filling and earth drilling operation.]
97
[Employment in chartered/costs accountants, auditors, tax consultancy services.]
3. Bihar
98
[13. Employment in printing press.
14. Employment in automobile engineering shops.]
99
[15. Employment in dam construction and irrigation works.]
100
[16. Employment in brick manufactory.]
101
[17. Employment in cinema industry.
18. Employment in cold storage.]
102
[19. Employment in hotel, eating houses and restaurants.]
103
[20. Employment in silk industry.
21. Employment in plucking and processing of kendu leaves.
22. Employment in forestry and timbering.]
104
[23. Employment in loading and unloading operations.]
105
[24. Employment in shops selling cooked food-stuff.]
106
[25. Employment in glass industry (excluding glass sheet).]
107
[26. Employment in refractories, firebricks and ceramics industries.]
108
[27. Employment in any shop or establishment, other than that covered under any of
the other entries in this schedule.
Explanation.—For the purposes of this entry, the expressions ‘shop’ and ‘establishment’
shall have the meanings respectively assigned to them in the Bihar Shops and
Establishments Act, 1953 (8 of 1954).]
109
[28. Employment in potteries.
29. Employment in dairies and poultry farms.
30. Employment in bakeries and confectioneries.
31. Employment in hair cutting salons.]
110
[32. Employment in manufacture of gold and silver ornaments and articles of artistic
design.]
111
[33. Employment in powerloom industry.]
112
[34. Employment in handloom industry.]
113
[35. Employment in private hospitals, nursing homes & clinics.]
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114
[36. Employment in distilleries.]
115
[37. Employment in tailoring industry.]
116
[38. Employment in hard coke ovens.]
117
[39. Employment in co-operative sector.]
118
[40. Employment in aluminium industry.]
41. Employment in khandsari industry.
42. Employment in chemical and pharmaceutical industries.
43. Employment in soap manufacturing industries.
119
[44. Employment in cement prestressed products industries.]
[45. Employment in asbestos cement factories.]
46. Employment in glass sheet manufactory.
47. Employment in gun factories.
48. Employment in religious and social institutions.
49. Employment in paper industry.
50. Employment in laundry and washing.
51. Employment in hosieries manufactory.
52. Employment in manufacture of sindur and rang.
53. Employment in manufacture of leather goods.
54. Employment in woodworks and furniture.
55. Employment in ice-cream and cold drinks.
56. Employment in petrol and diesel pumps.
57. Employment in private ferries and L.T.C.
58. Employment in fisheries.
59. Employment in minor engineering (excluding automobile engineering shops)
industry.
120
[60. Employment in Khadi and village industries.]
121
[61. Employment in earth-cutting operations.]
4. Chandigarh
122
[31. Employment in respect of the brick kiln industry.]
123
[32. Employment in tube-well industries.]
124
[33. Employment in auto repair shops and service stations and attached with any
public motor transport company.]
125
[36. Employment in asbestos cement and cement concrete products.]
126
[37. Employment in paper board and packing material manufacturing establishment.]
38. Employment in plastic and P.V.C. goods industry.
39. Employment in soap manufacturing industry.
40. Employment in hardware and buildings material shops.
127
[41. Employment in private coaching classes, schools including nursery schools and
technical institutions.]
5. Delhi
128
[16. Employment in textile (including hosiery) industry.]
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154
[43. Employment in rubber and rubber products including artificial rubber and
artificial rubber products manufacturing industry.]
155
[44. Employment in fisheries industry.]
156
[45. Employment in plastic industry.]
157
[46. Employment in hosiery industry.]
158
[47. Employment in pre-weaving and textile processing industry in which any of the
processes of winding, warping, beaming, sizing, drawing-reaching, weaving, dyeing,
bleaching, calendaring, folding, finishing, mercerising, printing or glazing of yarn,
cloth or article made of cloth or any process incidental or supplemental thereto.]
159
[50. Employment in any manufacturing process wherein “manufacturing process” as
defined under Section 2(k) of the Factories Act, 1948, is carried out and which is not
covered under any entry in Parts I and II of this Schedule.]
8. Haryana
160
[30. Employment in brick-kilns.]
161
[31. Employment in respect of operation of tube-wells.]
162
[32. Employment in automobile repairs workshops.]
163
[33. Employment in paper, cardboard and typewriter ribbon industries.]
164
[34. Employment in manufacturing of Khandsari, Gur and Shakkar.]
165
[35. Employment in asbestos cement factories.]
166
[36. Employment in petrol and diesel oil pumps.]
167
[37. Employment in P.W.D. (Public Health)].
168
[38. Employment in tailoring, stitching and embroidery establishment.]
169
[39. Employment in P.W.D. (Irrigation).]
170
[44. Packing Industry.]
[Note : See also entries of Punjab prior to its bifurcation into Punjab, Haryana and
Chandigarh on 31-11-1966.]
9. Himachal Pradesh
171
[Employments in shops and commercial establishments.]
9-A. Jharkhand
172
[91. Employment of workers engaged in Government Office/Undertakings/Board and
Local Bodies in the State of Jharkhand.]
10. Karnataka
173
[26. Employment in docks, wharfs and jetties.]
174
[27. Employment in the film industry (including the exhibition sector.)]
175
[28. Employment in any coffee curing works.]
176
[29. Employment in any woodworks (including saw mills, match works, carpentry,
plywood industry, veneer industry and timber depots).]
177
[Employment in any powerloom and handloom (cotton) industries.]
178
[32. Employment in any engineering industry (excluding automobile engineering and
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179
foundry with or without attached machine shop.]
180
[32. Employment in sericulture farms.]
181
[33. Employment in toddy tapping.]
182
[34. Employment in any ceramics and stoneware and potteries works.]
183
[37. Employment in bakeries.]
184
[38. Employment in confectioneries.]
185
[39. Employment in regulated markets, mandis, bazar and other similar places.]
186
[40. Employment in brick manufacturing.
41. Employment in educational institutions.]
187
[42. Employment in hospitals and nursing homes (including all systems of medicine.]
43. Employment in clubs.
188
[40. Employment in Khandsari sugar factories.]
189
[Employment in sericulture.]
190
[26. Employment in sugar industry.]
191
[45. Employment in forestry and timbering operations.]
192
[47. Metal rolling and re-rolling industry (Ferrous).
48. Metal rolling and re-rolling industry (Non-ferrous).
49. Laundries.
50. Biscuit manufacturing.
51. Petrol and diesel oil pumps.]
11. Kerala
193
[13. Employment in manufacture of coir.]
194
[16. Employment in water transport other than motor boat transport.]
195
Employment in cashew industry.
196
[20. Match Industry.
21. Employment in shops and establishments (including hotels and restaurants).]
197
[26. Employment in plywood industry.]
198
[27. Employment in minor ports.]
199
[28. Employment for works in forests.]
200
[29. Employment in the manufacture of rubber products.]
201
[30. Employment in minor engineering industry (employing less than 50 workers).]
202
[32. Employment in fish peeling and fish canning, freezing and exporting of sea food
and frog legs.]
203
[33. Employment in hill produce industry.]
204
[34. Employment in manufacture of ayurvedic and allopathic medicine.]
205
[35. Employment in powerloom industry.]
206
[37. Employment in drying of coconuts for making them copra.]
207
[38. Employment in handling and care of elephants.]
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208
[40. Employment in ice factories.]
209
[41. Employment in units engaged in the manufacture and sale of umbrellas.]
210
[44. Employment in liquor trading and liquor vending industry.]
211
[48. Employment in Light Motor Vehicles.]
12. Madhya Pradesh
212
[Employment in any shop, commercial establishment, residential hotel, eating house,
theatre or any other place of public amusement or entertainment.]
213
[Employment in any cotton ginning and pressing factory.
Employment in printing press.]
214
[Employment in construction and maintenance of irrigation works.]
215
[Employment in slate pencil manufactory.]
Employment in engineering industry (on which recommendations of the Wage Board
appointed by the Central Government are not applicable).
Employment in the manufacture of food products (including cakes, biscuits, confectionery,
ice-cream and ice candy) and beverages.
216
[Employment in brick-kilns.]
217
[Employment in forest produce.]
218
[Employment in kosa industry.]
219
[Employment in blanket manufacturing works.]
13. Maharashtra
Amendments made by S. 5 of Maharashtra Act 10 of 1961:
(1) In the Schedule to the Act, in Pt. I, the following entries shall be deleted, namely:—
(a) the entries—
(i) “Employment in salt-pan industry”,
(ii) “Employment in any residential hotel, restaurant or eating house as defined in the
Bombay Shops and Establishments Act, 1948”,
(iii) “Employment in any industry in which any process of printing by letter press,
lithography, photogravure or other similar work, or work incidental to such process or
book-binding is carried on”, and
(iv) “Employment in any cotton ginning or cotton pressing manufactory”,
as added to the said Schedule in its application to the Bombay area of the State of
Maharashtra;
(b) the entries—
(i) “13. Employment in glass industry”,
(ii) “14. Employment in oil mills”,
(iii) “15. Employment in transport services”,
(iv) “16. Employment in cement industry”,
(v) “17. Employment in potteries”,
(vi) “18. Employment in any cotton ginning and pressing factory”, and
(vii) “19. Employment in any printing press”,
as added to the said Schedule in its application to the Vidarbha Region of the State;
(c) the entries—
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singly or together with heat and pressure or both or other similar work as works
incidental to such process is carried on.]
23. Employment in any hospital not falling under Entry 6 in this Schedule.
224
[24. Employment in any brick or roof-tiles manufactory.]
225
[25. Employment in any premises wherein buffaloes are kept for milking, cleaning, or
feeding and for all other ancillary processes.
26. Employment in automobile repairing workshops and garages.]
226
[27. Employment in canteen and clubs not falling under Entry 13 in this Part.]
227
[28. Employment in film production industry.]
Explanation.—Expression “film production industry” includes cine studios, cine laboratories
and establishments and activities of cine producers.
228
[29. Employment in powerloom industry.]
229
[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 or any work incidental to such process is carried on.]
230
[33. Employment in bakeries.]
231
[34. Employment in salt-pan industry.]
232
[35. Employment in cashew processing industry.]
233
[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.]
234
[37. Employment in cloth dyeing and/or printing.]
235
[38. Employment in laundry industry.]
236
[39. Employment in the establishment of an Attorney of the High Court of Judicature
at Bombay.]
237
[40. Employment in any dispensary not being a dispensary in any hospital falling
under Entry 6 or 23 in this Schedule.]
238
[41. Employment in manufacture of containers and/or boxes from paper and/or card-
board and/or straw-board.]
239
[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.]
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240
[43. Employment in khandsari sugar manufactory.]
241
[44. Employment in grass cutting not falling in Part II of the Schedule.]
45. Employment in hair cutting salon, hair dressing salon or Hammam Khana.
242
46. [Employment in any establishment engaged in manufacturing readymade
garments or its accessories (excluding hosiery articles), and tailoring
establishments.]
243
[Employment in manufacturing fountain pens, ball point pens and/or their parts and/or
accessories like nibs, refills etc. whether made from plastics, bakelites, ebonite or any other
metal.]
244
[Employment as sweepers or scavengers or any employment not falling under any of the
other entries of the Schedule.]
245
[Employment in any establishment manufacturing utensils and/or other household
articles with or without mixture of zinc, brass, copper, aluminium, stainless steel and/or
any other metal.]
246
[49. Employment in forest and/or forestry.]
247
[50. Employment in manufacture of optical frames.]
248
[51. Employment in handloom industry.]
249
[52. Employment in handmade paper and handmade paper board manufactory.]
250
[53. Employment in manufacture of eatable tobacco (not being an employment falling
under Entry 3 in Part I of the Schedule).]
251
[57. Employment in any industries manufacturing flattened parched rice (Poha),
Murmura, Churmura, Kurmura from paddy or rice including micromica (Bharda) Narda
from maize.]
252
[58. Employment in any chemical fertiliser manufactory and processes incidental
thereto.]
253
[60. Employments in an industry manufacturing dyes and chemicals.
61. Employments in an industry manufacturing drugs and pharmaceuticals.
62. Employments in an industry manufacturing paints and varnishes.
63. Employments in an industry manufacturing soaps and cosmetics.
64. Employments in an industry manufacturing steel furniture.]
254
[65. Employment in electronic industry in Santacruz Electronic Export Processing
Zone, Greater Bombay, Maharashtra.]
255
[66. 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.]
256
[68. Employment in any glass bulb manufactory.]
257
[69. Employment in the sea food industries.
Explanation.— For the purpose of this entry, the expression “sea food industries” shall
include the peeling, canning, freezing or otherwise processing of fish, prawns, shrimps,
lobsters, crabs and other marine animals or plants, freezing of frog legs and export
thereof.]
258
[70. Employment in charcoal kilns.]
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259
[71. Employment in Jari work industry wherein work with silver or gold thread is
carried on any kind of cloth by hand or by any type of machinery.]
260
[79. Employment in Petrol Pump Industry.]
14. Manipur
261
[Employments in shops and establishments and employments in the dam construction
and irrigation works.]
15. Meghalaya
262
[25. Employment in sericulture and weaving.]
26. Employment in printing presses.
27. Employment in sales, distribution and handling of petroleum products.
28. Employment in soil conservation workers engaged in plantation, reclamation.
16. Orissa
263
[12-P. Employment in construction or maintenance of dams, embankments, irrigation
projects and sinking of wells and tanks.]
264
[12-Q. Employment in refractory industry.
12-R. Employment in ceramic and pottery industry.
12-S. Employment in chemical industry.
12-T. Employment in minor engineering industry (employing less than 50 persons).]
265
[12-V. Jute industry and jute twine industry.
12-W. Fisheries and sea food industry.]
[12-X. Employment in bakeries and confectioneries including biscuit making.
12-Y. Employment in cement pipe making and allied products industry.
12-Z. Employment in woodworks and furniture making industries.
12-Z-1. Employment in soap and detergent manufactory.
12-Z-2. Employment in automobile servicing, repairing garages and workshops.
12-Z-3. Employment in manufacture of paints and varnishes.
12-Z-4. Employment in ice factories and cold storages.
12-Z-5. Employment in finishing, dyeing of yarn, fabrics, painting, knitting and
embroidery.
12-Z-6. Employment in trunks, suitcase and bucket manufactory.
12-Z-7. Employment in manufacture of utensils including aluminium and hindalium
products.
12-Z-8. Employment in manufacture of plastic products including toys.
12-Z-9. Employment in manufacture of matches, fireworks and explosives.
12-Z-10. Employment in foundry industry with or without attached machine shop.
12-Z-11. Employment in regulated markets, marketing societies, co-operative societies
and banks.
12-Z-12. Employment in cashew processing establishments.
12-Z-13. Employment in petrol and diesel oil pumps.
12-Z-14. Employment in laundry including dry washing.
12-Z-15. Employment in Khadi and village industries including manufacture of
Khandsari and other products.
12-Z-16. Employment in powerloom industry.
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277
[26. Employment in potteries, ceramics and refractory industry.]
278
[27. Employment in chemical and distillery industry.]
279
[28. Employment in glass industry.]
280
[29. Employment in rubber industry.]
281
[30. Employment in respect of the operation of tube-wells.]
282
[31. Employment in respect of the brick-kiln industry.]
283
[32. Employment in sports goods industry.]
284
[33. Employment in electricity generation and supply.]
285
[34. Employment in P.W.D. in Public Health Branch.]
286
[35. Employment in P.W.D. Irrigation Branch.
36. Employment in tailoring, stitching and embroidery establishments.]
287
[37. Employment in automobile repair shops and service stations (not attached with
any public motor transport company).
38. Employment in milk processing and milk products manufacturing establishment
excluding Halwai shops.
39. Employment in soap making and silicate manufacturing establishments.
40. Employment in ice factories and cold storages.
41. Employment in bakeries including biscuit making establishments.
42. Employment in vegetable ghee manufacturing and vegetable oil refining
establishments.]
288
43. [Employment in petroleum supply stations.]
289
[44. Employment in motor-body builders.
45. Employment in surgical and clinical instruments-making industry.
46. Cement-pipe making Industry.]
290
[47. Employment in manufacture of indigenous sugar, Boora, Khandsari and Gur,
etc., from sugarcane.
48. Employment in manufacture and refining of sugar (vacuum pan sugar factories).
49. Employment in Ahatas attached to wine and liquor shops or employment in Ahatas
attached to beverages shops except soft drinks and carbonated water.
50. Employment in laundry services and cleaning and dyeing plants.
51. Employment in dealers dealing in steel trunks, drums, steel safes, vaults and
almirahs, sanitary and plumbing fixture and fitting of metals.
52. Employment in hair dressing such as those done by barbers, hair dressing salons
and beauty shops.
53. Employment in dealers in electrical and electrical goods including radio, television,
gramophones, public address equipments, and watch clock and repair shops.
54. Employment in dealers in book sellers, stationers and book binders.
55. Employment in dealers in tent, crockery and house-hold goods.
56. Employment in dealers in photographics and optical goods.
57. Employment in dealers in medicines and chemicals.
58. Employment in utensil shops.
59. Employment in manufacture of pulp, papers and paper board and straw boards
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including newsprint.
60. Employment in tailors and ready-made garments manufacturers.
61. Employment in dealers in footwear and travel goods like suitcases, bags, etc.]
291
[62. Employment in forestry and logging.]
292
[63. Employment in private educational institutions.]
19. Rajasthan
293
[13. Employment in salt industry.]
294
[14. Employment in wool cleaning and pressing factories in State of Rajasthan.]
295
[15. Soapstone quarries and works incidental thereto.
16. Printing presses.
17. Cotton ginning, pressing and bailing establishments.]
296
[15. Employment in soapstone factories.]
297
[18. Employment in engineering industries.
Note:— The term “engineering industries” includes the following types of
establishments—
1. Basic Metal Industries.
2. Manufacture of Metal Products (except Machinery and Transport equipment).
3. Manufacture of Machinery (except Electrical Machinery).
4. Manufacture of Electrical Machinery, Apparatus, Appliances and Supplies.
5. Manufacture of Transport Equipment.
6. Miscellaneous Manufacturing Industries like:
(i) Manufacture of professional, scientific, measuring and controlling instruments.
(ii) Manufacture and repair of watch clocks.
(iii) Manufacturing not elsewhere classified, like zip fasteners, etc.]
298
[19. Employment in powerloom factories.
20. Employment in automobile workshops.
21. Employment in cinema industry.
22. Employment in hotels and restaurants.
23. Employment in shops and commercial establishments.
24. Employment in small scale industries.
25. Employment in Gota, Kinari and Lappa establishments.
26. Employment in glass and chinaware establishments.
27. Employment in sugar pans running without the aid of mechanical power.]
20. Tamil Nadu
299
[1. Cotton ginning and pressing.
2. Salt-pans.
3. Coir manufactory.
4. Match and fireworks manufactory.
5. Hosiery manufactory.
6. Bricks and tiles manufactory.]
300
[Employment in cotton waste.]
301
[Employment in laundries and washing clothes (including woollen).]
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302
[Employment in timber industry and sago industry.]
303
[Employment in automobile workshops.]
304
[Employment in cashewnut industry.
Powerloom Industry.]
305
[Employment in boat working in minor ports.]
306
Employment in handloom silk weaving industry.
307
[Employment in hotels and restaurants.]
308
[Employment in presses, shops and commercial establishments and cinemas.]
309
[Employment in fishing industry.]
310
[Employment in any motion picture industry (including production, distribution and
publicity).]
311
[Employment in synthetic gem cutting.]
312
[Employment in loading and unloading operations in markets, shandies (fairs and
market places) and other like places.]
313
[Employment in bought leaf tea factories.]
314
[Employment in vessel (utensil) making, bleaching or dyeing or both and tailoring.]
315
[Employment in hospitals and nursing homes (other than Government and Employees'
State Insurance Hospitals and Dispensaries).]
316
[Employment in coffee curing works.]
317
[Employment in tin container manufactory.]
318
[Employment in waste cotton mills.]
319
[Employment in toddy tapping and neera tapping.]
320
[Employment in leather goods manufactory.]
321
[Employment in polythene manufactory and processing foam items and plastic
manufactory.]
322
[Employment in radio including assembling products.]
323
[Employment in chemical and distillery industry.]
324
[Employment in bakeries and biscuits manufactory.]
325
[Employment in gunny industry.]
326
[Employment in coconut peeling.]
327
[Employment in sericulture.]
328
[Employment in food processing industry.]
329
[Employment in handicrafts.]
330
[Employment in carpentry and blacksmithy.]
331
[Employment in electronic industry.]
332
[Employment in Agarbatti Manufactory.]
21. Tripura
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333
[Employment in bricks industry.]
334
[Employment in private hospitals.]
22. Uttar Pradesh
335
[13. Employment in hotels and restaurants.
14. Employment in private press.
15. Employment in any foundry.
16. Employment in any metal industry.
17. Employment in glass bangles making industry.]
336
[18. Employment in leather goods manufactory.]
337
[19. Employment in cinema industry.]
338
[20. Employment in woollen blanket making establishments.]
21. Employment in printing of cloth.
22. Employment in woodworks and furniture.
23. Employment in hosiery works.
24. Employment in tailoring industries.
25. Employment in cold storages.
26. Employment in powerlooms.
27. Employment in bakeries and biscuit manufactories.
28. Employment in laundries and washing establishments.
29. Employment in mechanical transport workshops.
30. Employment in ice candy/ice-cream manufactory.
31. Employment in Zari works.
32. Employment in Chikan works.
33. Employment in handloom industry.
34. Employment in brick-kiln.
35. Employment in match industry.
36. Employment in shops.
339
[37. Employment in Khandsari.]
340
[Employment in manufacture of glass and glass products excepting optical lenses and
glass bangle making industry and including miniature bulbs.]
341
[39. Employment in engineering industries employing less than 50 employees.]
342
[40. Employment in ice manufactory.]
343
[41. Employment in Ayurvedic, Allopathic and Unani pharmacies.
42. Employment in tin plate shaping and tin printing.
43. Employment in washing or toilet soap or silicate or soap powder or detergent
manufactory.
44. Employment in book-binding.
45. Employment in potteries, ceramics or refractories.
46. Employment in strawboard or paperboard manufactory.]
344
[47. Employment in any commercial establishment.]
345
[48. Employment in rubber manufactory.
49. Employment in plastic industry and plastic products industry.
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351
[20. Employment in glass industry.]
352
[21. Employment in shops as defined in the W.B. Shops and Establishments Act,
1963 where such employment is not included in any other employment specified in
any other entry in this Schedule.]
353
[22. Employment in industry engaged in the manufacture of rubber products.]
354
[23. Employment in hosiery industry.
24. Employment in medicinal plants, plantation, other than cinchona plantations.]
355
[26. Employment in powerlooms employing ten or more persons.]
356
[29. Employment in clinical nursing home.]
357
[27. Employment in the hotels and restaurants including boarding houses and eating
houses employing not more than twenty persons.]
358
[28. Employment in ceramic industry.]
359
[32. Employment in paper board and straw board manufacturing industry.]
360
[37. Employment in saw mills.]
361
[38. Employment in plastic industry.]
362
[39. Employment in bakery industry.]
363
[31. Employment in bell-metal and brass industry.]
364
[41. Employment in bick leaf plucking.]
365
[45. (a) Employments in sericulture nursery and cultivation.
(b) Employments in silk spinning and/or weaving (handloom).]
366
[48. Employment in fishery.]
367
[50. Employment in decoration.]
NOTIFICATIONS EXEMPTING/EXCEPTING APPLICATION TO CERTAIN
EMPLOYEES/INSTITUTIONS
W.e.f. 1-4-1969 the provisions of the Act are not applicable in relation to the wages
payable to disabled employees employed in any industry in which any process of printing
by letter press, lithography, photography, or other similar work or work incidental to such
368
process or book-binding is carried on.
The provisions of the Act shall not apply to employees employed in any local
369
authority.
Motor vehicles maintenance organisation and automobile workshops attached to the
State Transport Corporations functioning under the control of the Government of Tamil
370
Nadu have been exempted from the provisions of the Act.
The following employments have been omitted from Part 1 of the Schedule in respect of
its application to Mahakoshal Region of M.P.
371
[Employment in glass industry.
Employment in cement industry.]
372
[Employment in potteries.]
► Stone-breaking/stone-crushing.—The word ‘stone’ includes pieces of manganese only, Madhya
Pradesh Mineral Industry Association v. Regional Labour Commissioner, Civil Lines, AIR 1958 Bom
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332. The words ‘mica works’ include mica mines, Bhavani Shankar Mica Mines v. Union of India, 1984
Lab IC 140 (Del)(DB) : (1983) 2 LLN 808; following N.K. Jain v. Labour Commissioner, Rajasthan, 1957
Raj 35 (DB) and dissenting from Chatturam Darsanram v. Union of India, (1980) 2 LLJ 465 (Pat)(DB).
Stone-breaking and stone-crushing is a commercial activity in which stone, in the sense of common
rock, is reduced to fragments by mechanical means, such fragments being marketed or used for profit,
Labour Inspector v. Chittapore Stone Quarrying Co., (1972) 3 SCC 605.
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 or horticultural commodity, the raising of livestock, bees or
poultry, and any practice performed by a farmer or on a farm as incidental to or in
conjunction with farm operations (including any forestry or timbering operations and the
preparations for market and delivery to storage or to market or to carriage for
transportation to market of farm produce).
STATE AMENDMENTS
1. Assam
373
[Employment in sericulture.]
2. Maharashtra
374
[2. Employment in cleaning and sorting of onions and other incidental work.]
3. Tamil Nadu
375
[1. Employment in agriculture.
Employment in forestry including silviculture that is to say aligning and stacking, surveying
and demarcation of forest lands, digging pits for planting, transport of seedlings and other
planting materials, planting, weeding, tending, soil working, ploughing, fencing,
application of fertilizers and pesticides, timber and logging operation, raising of nursery,
breaking plots, watering, collection of fertile earth or tank silt collecting, clearing and
grading of seeds, scraping firelines, road works, building operations, up-keep of livestock,
collection of minor forest produce and other operations or occupations connected with
forestry.]
376
[2. Employment in Colleges and Research Station under the Tamil Nadu Agricultural
University and Agricultural Farms maintained by the Agriculture, Horticulture and
other Government Departments.]
4. Uttar Pradesh
377
[2. Employment in forestry, logging and timbering including employment in collection
of any other forest produce and transportation of the same to the market.]
NOTIFICATION
(1)
Ministry of Labour and Employment, Noti. No. S.O. 4226(E), dated November 21, 2019,
published in the Gazette of India, Extra., Part II, Section 3(ii), dated 21st November, 2019,
pp. 6-7, No. 3799
In exercise of the powers conferred by sub-section (1) of Section 20 of the Minimum
Wages Act, 1948 (11 of 1948) and in supersession of the notification of the Government
of India in the Ministry of Labour and Employment Number S.O. 2741(E), dated the 21st
October, 2014, published in the Gazette of India Extraordinary, Part II, Section 3, sub-
section (ii), dated the 22nd October, 2014, except as respects things done or omitted to be
done before such supersession, the Central Government hereby appoints the officers
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mentioned in column (2) of the table below to be the authority to hear and decide all
claims arising out of payment of less than the minimum rates of wages or in respect of the
payment of remuneration for days of rest or for work done on such days under clause (b) or
clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section
14, to the employees employed and engaged in the scheduled employments in relation to
which the Central Government is the appropriate Government, in the area specified against
them in column (3) thereof, namely—
TABLE
Sl. Officers Jurisdiction
No.
(1) (2) (3)
1. All the Regional Labour The Whole of India.
Commissioners (Central) in Head
Quarters, Office of the Chief
Labour Commissioner (Central),
New Delhi
2. Regional Labour Commissioners The State of Gujarat and the Union Territories
(Central), Ahmedabad and of Dadar and Nagar Haveli and Daman and
Vadodara Diu.
3. Regional Labour Commissioners The State of Rajasthan.
(Central), Ajmer and Jaipur
4. Regional Labour Commissioner The Civil Districts of Burdwan, Birbhum,
(Central), Asansol Bankura and Purulia in the State of West
Bengal.
5. Regional Labour Commissioners The State of Karnataka.
(Central), Bangalore and Bellary
6. Regional Labour Commissioners The State of Odisha.
(Central), Bhubaneswar and
Rourkela
7. Regional Labour Commissioners The State of Maharashtra (except the Civil
(Central), Mumbai, Pune and Districts of Nagpur, Bhandara, Akola, Beed,
Vasco (Goa) Amaravati, Wardha, Buldhana, Jalgaon,
Chandrapur, Nanded, Gaddchiroli, Parbhanai,
Latur, Yeotmal, Osmanabad, Hingoli, Gondia
and Washim) and the State of Goa.
8. Regional Labour Commissioner The State of West Bengal (except the Civil
(Central), Kolkata Districts of Burdwan, Birbhum, Bankura and
Purulia), the State of Sikkim and the Union
Territory of Andaman and Nicobar Islands.
9. Regional Labour Commissioners The State of Kerala and Union Territory of
(Central), Cochin and Lakshadweep and Mahe in the Union Territory
Thiruvananthapuram of Puducherry.
10. Regional Labour Commissioners The States of Himachal Pradesh, Punjab,
(Central), Chandigarh and Jammu Haryana and Union Territories of Jammu and
Kashmir, Laddakh and Chandigarh.
11. Regional Labour Commissioners The following Districts of the State of
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Whereas the draft proposal to revise the minimum rates of wages per day payable to the
Schedule mentioned categories of employees engaged in the employment of Agriculture
was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), as
required by clause (b) of sub-section (1) of Section 5 of the Minimum Wages Act, 1948
(11 of 1948), vide notification number S.O. 2832(E), dated the 1st September, 2016 of
the Government of India in the Ministry of Labour and Employment for information and
inviting objections and suggestions from all persons likely to be affected thereby, till the
expiry of the period of two months from the date on which the copies of the Gazette of
India containing the said notification were made available to the public;
And whereas the copies of the said Gazette were made available to the public on the
2nd September, 2016;
And whereas objections and suggestions received on the said proposal have been
considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of
Section 3 read with clause (i) of sub-section (1) of Section 4 and sub-section (2) of Section
5 of the said Act, and in supersession of the notification of the Government of India in the
Ministry of Labour and Employment, number S.O. 1520(E), dated the 20th October, 2005
(2005-CCL-III-632[251]), published in the Gazette of India, Extraordinary, Part II, Section
3, sub-section (ii), relating to revision of minimum rates of wages payable to the
employees engaged in the employment of Agriculture, except as respects things done or
omitted to be done before such supersession, the Central Government after consulting the
Advisory Board hereby revises the minimum rates of wages per day, as specified in
columns (2) to (4) of the Schedule annexed hereto, payable to the categories of employees
mentioned against them in column (1) thereof, in the employment of Agriculture.
(1) The revised minimum rates of wages shall be effective from the date of publication
of this notification in the Official Gazette.
(2) The revised minimum rates of wages shall consist of,—
(a) basic rates of wages as set out in columns (2), (3) and (4) of Part I of the Schedule
mentioned hereunder and payable to the categories of employees engaged in the
employment of agriculture as specified in column (1) thereof; and
(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the
rates as set out in columns (2), (3) and (4) of Part II of the Schedule for the
respective categories of employees mentioned in column (1) thereof and the Variable
Dearness Allowance shall be adjusted by the Chief Labour Commissioner (Central) at
an interval of every six months commencing on 1st October and 1st April of every
year on the basis of the average Consumer Price Index Number for Industrial Workers
(Base 2001=100) for the preceding period of six months ending on 30th June and
31st December every year respectively, at the rate of and in the manner specified in
the columns (2), (3) and (4) of Part II of the said Schedule.
SCHEDULE
PART I
Categories of employees Basic Rates of Minimum
Wages
Area-A Area-B Area-C
(1) (2) (3) (4)
Unskilled Rs Rs Rs
Beldar, Calf boy, Cattleman, Cleaner (Motor shed, Tractor, 333.00 303.00 300.00
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payable to the categories of employees mentioned against them in columns (2) thereof and
engaged in the employment of aforesaid mines.
(1) The revised minimum rates of wages shall be effective from the date of publication
of this notification in the Official Gazette.
(2) The revised minimum rates of wages shall consist of,—
(a) basic rates of wages as set out in columns (3) and (4) of Part I of the Schedule
mentioned hereunder and payable to the categories of employees employed in the
employment in the aforesaid mines as specified in column (2) thereof; and
(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the
rate as set out in columns (3) and (4) of Part II of the said Schedule and payable to
the categories of employees working in mines mentioned in column (2) and the
Variable Dearness Allowance shall be adjusted by the Chief Labour Commissioner
(Central) at an interval of every six months commencing on 1st October and 1st April
of every year on the basis of the average Consumer Price Index Number for Industrial
Workers (Base 2001=100) for the preceding period of six months ending on 30th
June and 31st December every year respectively, at the rate of and in the manner
specified in the columns (3) and (4) of Part II of the Schedule.
(c) The classification of workers shall be as mentioned in Part III of the Schedule.
SCHEDULE
PART I
Serial Categories of employees Minimum Rates of Basic Wages
Number per Day (In Rupees)
Above Ground Below Ground
(1) (2) (3) (4)
1. Unskilled 350.00 437.00
2. Semi-Skilled/Unskilled-Supervisory 437.00 523.00
3. Skilled/Clerical 523.00 610.00
4. Highly Skilled 610.00 683.00
PART II
Serial Categories of employees Rate of Variable Dearness Allowance for
Number every point rise or fall beyond 271, which is
the average monthly Consumer Price Index
Number for industrial workers (Base year
2001=100), for the period January-June,
2016.
Above Ground Below Ground
(1) (2) (3) (4)
1. Unskilled 1.29 1.13
2. Semi-skilled/Unskilled- 1.61 1.36
Supervisory
3. Skilled and Clerical 1.93 1.58
4. Highly Skilled 2.25 1.80
PART III
Classification of Workers
1. Unskilled Workers
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Breaker Breaker
and any other categories of workers by whatever name called, which are Semi-skilled.
3. Skilled Workers
1. Airwineh Haulage 2. Auto-electrician 3. Painter
Operator
4. Blacksmith 5. Tailor 6. Compressor Operator
7. Blaster/Shot-firer 8. Driver 9. Head cook
10. Chargeman 11. Carpenter 12. Concrete Mixer
Operator
13. Compressor 14. Air Compressor 15. Tractor Driver
Attendant Attendant
16. Vehicle Driver 17. Chemist and 18. Sub-overseer
Assistant/Chemist (unqualified)
19. Driller 20. Handhole Driller 21. Drill Mechanic
22. Driver Auto 23. Electrician 24. Wirelesss Operator
Asstt. Foreman
25. Foreman 26. Fitter 27. Ferry Driver
28. Issuer Loco 29. Super Foreman 30. Hoist Operator
31. IMCE Driver 32. Driver 33. Loco Driver
34. Loader Operator 35. Linesman 36. Mechanic/Machinist
37. Mason 38. Mid Wife 39. Tinsmith
40. Supervisory Mechanic 41. Pump Attendant only 42. Pump Operator/Driver
in Gypsum, Barytes and
Rock Phosphates
43. Mining Mate with 44. Mistry 45. Skilled Mazdoor
competency certificate
under Metalliferous Mines
Regulations, 1961.
46. Turner 47. Senior Mechanic 48. Pipe Fitter
49. Supervisor 50. Drafts Man 51. Wireman
52. Timber Man/Timber 53. Stone Crusher 54. Crusher Operator
Mistry Elect. Operator
55. Moulder 56. Welder 57. Operator
58. Work Mistry 59. Engine Driver 60. Mining Engine Driver
Grade - II
61. Engineman 62. Valveman 63. Cutter
64. Winding Engine 65. Security Guard 66. Shovel Operator
Driver Grade - II (Unarmed)/Head Chowkidar
67. Limco Loader 68. Surface Supervisor 69. Dozer Operator
Operator
70. Compressor Driller 71. Dumper Tractor 72. Boiler Man (with
Operator Certificate)
73. Machinery Attendant 74. Air-conditions 75. Crech Attendant only
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Instructor/Teacher
19. Steno with 7 20. Store Incharge 21. Shift Incharge
years of service
22. Supervisor 23. Incharge of Watch and 24. Security Guard
Ward (Armed)
and any other categories of workers by whatever name they are called, which are highly
skilled.
Explanation : For the purposes of this notification,—
(a) the minimum rates of wages shall consist of all inclusive rates including the basic
rates, the cost of living allowance, namely, special allowance and the cash value of
the concessional supply, if any, of essential commodities;
(b) the minimum rates of wages includes the wages for weekly day of rest;
(c) the minimum rates of wages shall apply to employees engaged by contractors also;
(d) the minimum rates of wages for disabled persons shall be the same as payable to
the workers of the appropriate category;
(e)(i) “unskilled work” means work which involves simple operations requiring little or
no skill or experience on the job;
(ii) “semi-skilled work” means work which involves some degree of skill or competence
acquired through experience on the job which is capable of being performed under
the supervision or guidance of a skilled employee and includes supervisory work;
(iii) “skilled work” means work which involves skill or competence acquired through
experience on the job or through training as an apprentice in a technical or vocational
institute and the performance of which calls for initiative and judgment;
(iv) “miner” means a worker who is directly involved or engaged in excavation or
extraction by way of digging, picking, sorting, creasing, processing and loading and
other incidental works thereto in a mine; and
(v) “highly skilled work” means work which calls for a high degree of perfection and full
competence in the performance of certain task acquired through intensive technical or
professional training or practical work experience for long years and also requires of a
worker to assume full responsibility for his judgment or decision involves in the
execution of these tasks;
(f) a person working or employed in or in connection with a mine is said to be working or
employed “below ground” if he is working or employed,—
(i) in a shaft which has been or in the course of being sunk; or
(ii) in any excavation which extends below superjacent ground; or
(iii) in an open cast working in which the depth of the excavation measured from its
highest to its lowest point exceeds six metres;
(g) where the existing rates of wages of any employee, based on contract or agreement
or otherwise are higher than the rates notified, the higher rates shall be protected
and treated as the minimum rates of wages for purpose of this notification;
(h) where in any area the minimum rates of wages fixed by this notification are lower
than the minimum rates of wages fixed by the State Government for the employees
of the aforesaid Employments in relation to which the State Government is the
appropriate Government, the rates of wages fixed by the State Government shall in
respect of these areas, be deemed to be the minimum rates of wages payable under
this notification;
(i) men, women and transgender employees shall be entitled for the same rates of
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the columns (2), (3) and (4) of Part II of the said Schedule.
SCHEDULE
PART I
Basic Minimum Rates Wages
Category of Worker Minimum Rates of Basic
wages per day (in
Rupees)
(1) (2) (3) (4)
Area Area Area
(A) (B) (C)
Unskilled 523.00 437.00 350.00
Bajri Spreader, Beldar, Beater Women, Bell-Woman, Chain
Man, Boat Man, Bucket Man, Carrier (Stone), Carrier (Water),
Cartman, Caretaker (Bridge), Cleaner (Crane, Truck, Cinder
for ash Pit), Chowkidar, Concrete (Hand Mixer), Daffadar,
Driver (Bullock, Camel, Donkey, Mule), Flag Man, Flagman
(Blast Train), Gate Man, Gangmen, Gatingman (Permanent
Way), Handle Man, Jumper Man, Kamin (Female Work),
Khalas, Bridge, Electrical, Marine, Moplah, Store, Steam Road,
Share, Roller Survey, labourer (Garden), Mazdoor, Hole
Cutter, Lorry Trainees, Petrolman, Peon, Searcher, Signal
man, Strikers, Striker (Moplah gang), Sweeper, Tall Boy, Tile
Turner, Trolly man, Vaks Controller, Valveman, Watchman,
White Washer, Wooderman, Wooder Woman, Borryman,
Coalman, Condenser, Attendant, Grass Cutter, Muchhers
Jamadars, Condenser Attendant, Shunters, and any other
categories by whatever name called, which are of an unskilled
nature.
Semi-skilled/Unskilled Supervisory 579.00 494.00 410.00
Belchawala, Bhisti, Bhisti (with Mushk), Boatman (head),
Breaker, Breaker (Stone, Rock, Rock Stone, Stone Metal,
Canweaver, Chainman (Head), Charpoy-Stringer, Checker,
Cracker, Daftri, Dollyman, Assistant, Driller, Driver (Skin),
Excavator, Ferroman, Fireman, Fireman (Brick Kiln, Steam
Road Roller), Gate Keeper, Gharami Thatcher, Classman,
Grater, Greaser-cum-Fireman, Grinder Hammerman, Helper
(Artisan), Helper (Sawyer), Jamadar, Keyman, Khalasi (Head
Survey, Rivertters-Moplah Gang, Supervisory), Labourer (Rock
-Cutting), Lascar, Mali (Head), Mate, Mate (Blacksmith, Road,
Carpenter), Engine Driver and/or Feeder, Fitter, Gang,
Khalasi, Mazdoor Mason, Permanent Way, Pump-Driver,
Turner), Mazdoor (Heavy-weight), Charge-man, Mistri (Head,
Muccadam, Night-guard, Runner (Post dak), Oilman, Quarry
man, Quarry Operator, Stoneman, Stocker, Thatcher, Stockers
and Boilerman, Thoombaman (Spade worker), Tindals,
Trollyman (Head Motor), Fitter (Assistant Semi-Skilled),
Jamadar, (Semi-skilled), Mate (Stone), Pump Attendant,
Bearer, Breakman, Crowlder Man, Cook, Dandee, Frash,
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Annexure to this notification and include all places within a distance of fifteen
kilometres from the periphery of Municipal Corporation or Municipality or Cantonment
Board or Notified Area Committee of a particular place, and Area “C” shall comprise of
all the other places not mentioned in the Annexure to which the Minimum Wages Act,
1948 (11 of 1948) extends.
(b) the places added or upgraded from time to time by the Ministry of Finance for the
purposes of payment of House Rent Allowance to Central Government employees
shall be taken to be added from such dates for the purposes of classification specified
in the Annexure to this notification;
(c) employees employed in the employments of construction or maintenance of roads or
runways or building operation including laying down underground Electric, Wireless,
Radio, Television, Telephone, Telegraph and over communication Cables and similar
other under Cabling work, Electric lines, Water supply lines and sewerage lines in ‘C’
class areas where the minimum rates of wages have been fixed on area-wise basis
and where the Central Government has sanctioned payment of winter allowance or
hill allowance or any other special allowance shall be paid in addition to the minimum
rates of wages fixed by the notification, an amount equal to ten per cent of the
minimum rates of wages so fixed;
Provided that ten per cent.extra wages shall be paid in places, which are at a height of over
6,000 feet, above sea level.
(d) workers employed on high rise structures, that is, on or above thirty feet height,
even for one hour in a day shall be paid twenty per cent extra wages of the minimum
wages so fixed for the appropriate category;
(e) workers employed on tunnel working shall be paid twenty per cent extra of the
minimum wages fixed under this notification for the appropriate category;
(f)(i) “unskilled work” means work which involves simple operations requiring little or no
skill or experience on the job;
(ii) “semi-skilled work” means work which involves some degree of skill or competence
acquired through experience on the job and which is capable of being performed
under the supervision or guidance of a skilled employee and include unskilled
supervisory work;
(iii) “skilled work” means work which involves skill or competence acquired through
experience on the job or through training as an apprentice in a technical or vocational
institute and the performance of which calls for initiative and judgment;
(iv) “highly skilled work” means work which calls for a degree of perfection and full
competence in the performance of certain tasks including clerical work acquired
through intensive technical or professional training or practical work experience for
certain reasonable period and also requires of an worker to assume full responsibility
for the judgment or decision involved in the execution of the tasks;
(g) where in any area the minimum rates of wages fixed by this notification are lower
than the minimum rates of wages fixed by the State Government for employees of
the aforesaid employments in relation to which the State Government is the
appropriate Government, the rates of wages fixed by the State Government shall in
respect of these areas, be deemed to be the minimum rates of wages payable under
this notification;
(h) the minimum rates of wages include the wages for weekly day of rest;
(i) the minimum rates of wages fixed by this notification are applicable to employees
engaged by contractors also;
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(j) the minimum rates of wages payable to disabled employees shall be the same as
payable to workers of the appropriate category;
(k) men, women and transgender employees shall be entitled for the same rates of
wages for the same work or work of similar nature; and
(l) minimum rates of wages and special allowance both constitute the minimum rates of
wages to be enforceable under the Minimum Wages Act, 1948 (11 of 1948).
(5)
Ministry of Labour and Employment, Noti. No. S.O. 189(E), dated January 19, 2017,
published in the Gazette of India, Extra., Part II, Section 3(ii), dated 19th January, 2017,
pp. 33-34, No. 173
Whereas the draft proposal to revise the minimum piece-rate wages and minimum
guaranteed time-rate wages per day payable to the employees engaged in the employment
of stone mines in the whole of India was published in the Gazette of India, Extraordinary,
Part II, Section 3, sub-section (ii) vide notification of the Government of India in the
Ministry of Labour and Employment number S.O. 2835(E), dated the 1st September, 2016
as required by clause (b) of sub-section (1) of Section 5 of the Minimum Wages Act,
1948 (11 of 1948), for information and inviting objections and suggestions from all
persons likely to be affected thereby, with in a period of two months from the date on
which copies of the Gazette of India containing the said notification were made available to
the public;
And whereas the copies of the said Gazette were made available to the public on the
2nd September, 2016;
And whereas objections and suggestions received on the said proposal have been
considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of
Section 3 read with clause (i) of sub-section (1) of Section 4 and sub-section (2) of Section
5 of the said Act, and in supersession of the notification of the Government of India in the
Ministry of Labour and Employment, published in the Gazette of India, Extraordinary, Part
II, Section 3, sub-section (ii), vide number S.O. 278(E), dated the 3rd March, 2006, except
as respects things done or omitted to be done before such supersession, the Central
Government after consulting the Advisory Board hereby revises the minimum rates of
wages per day, as specified in the Table below, payable to the employees engaged in the
employment of stone mines in the whole of India.
(1) The revised minimum piece-rate wages and minimum guaranteed time-rate wages
shall be effective from the date of publication of this notification in the Official Gazette.
(2) The said revised wages shall consist of basic rate of wages as set out in column (3)
of the following Table, payable to the employees engaged in the work mentioned in column
(2) thereof, and a special allowance [hereinafter referred to as Variable Dearness
Allowance] at the rate set out in column (4) of the said Table for minimum piece rate of
wages. The said Variable Dearness Allowance shall be adjusted by the Chief Labour
Commissioner (Central) at an interval of every six months commencing on 1st October and
1st April of every year on the basis of the average Consumer Price Index Number for
Industrial Workers (Base 2001=100) for the preceding period of six months ending on 30th
June and 31st December every year respectively, at the rate of and in the manner specified
in the column (4) of the said Table.
TABLE
Serial Nature of Piece Work done by an Proposed Basic Rate of Variable
Number employee Minimum Wage Dearness Allowance for
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respect of such areas, be deemed to be the minimum rates of wages payable under
this notification.
(7)
Ministry of Labour and Employment, Noti. No. S.O. 191(E), dated January 19, 2017,
published in the Gazette of India, Extra., Part II, Section 3(ii), dated 19th January, 2017,
pp. 43-46, No. 173
Whereas the draft proposal to revise the minimum rates of wages per day payable to the
categories of employees mentioned in the Schedule annexed thereto and engaged in the
employment of “Watch and Ward” was published in the Gazette of India, Extraordinary,
Part II, Section 3, sub-section (ii), vide notification of the Government of India in the
Ministry of Labour and Employment number S.O. 2837 (E), dated the 1st September, 2016
as required by clause (b) of sub-section (1) of Section 5 of the Minimum Wages Act,
1948 (11 of 1948), for information and inviting objections and suggestions from all
persons likely to be affected thereby, within a period of two months from the date on which
copies of the Gazette of India containing the said notification were made available to the
public;
And whereas the copies of the said Gazette were made available to the public on the
2nd September, 2016;
And whereas objections and suggestions received on the said proposal have been
considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (1) of
Section 3 read with clause (i) of sub-section (1) of Section 4 and sub-section (2) of Section
5 of the said Act, and in supersession of the notification of the Government of India in the
Ministry of Labour and Employment, published in the Gazette of India, Extraordinary, Part
II, Section 3, sub-section (ii), vide numbers S.O. 2233(E), dated the 18th September,
2008, except as respects things done or omitted to be done before such supersession, the
Central Government after consulting the Advisory Board hereby revises the minimum rate
of wages payable to the employees engaged in the employment of ‘Watch and Ward’.
(1) The revised minimum rates of wages shall be effective from the date of publication
of this notification in the Official Gazette.
(2) The revised minimum rates shall consist of,—
(a) basic rates of wages as set out in column (2) of Part I of the Schedule mentioned
hereunder; and
(b) a special allowance (hereinafter referred to as Variable Dearness Allowance) at the
rate as set out in column (2) of Part II of the Schedule and payable to the employees
working in areas mentioned in column (1) thereof. The Variable Dearness Allowance
shall be adjusted by the Chief Labour Commissioner (Central) at an interval of every
six months commencing on 1st October and 1st April of every year on the basis of the
average Consumer Price Index Number for Industrial Workers (Base 2001=100) for
the preceding period of six months ending on 30th June and 31st December every
year respectively at the rate of and in the manner specified in the column (2) of Part
II of the Schedule as below:
SCHEDULE
Part-I Basic rates of wages
Area Daily wage (In Rupees)
(1) (2)
Without arms (Skilled)
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A 637.00
B 579.00
C 494.00
With arms (Highly Skilled)
A 693.00
B 637.00
C 579.00
Part-II Rate of Variable Dearness Allowance
Area Rate of Variable Dearness Allowance for every point
rise or fall beyond 271, which is the average monthly
Consumer Price Index Number for Industrial
Workers. (Base 2001=100) for the period January-
June, 2016.
Area Variable Dearness Allowance (In Rupees)
(1) (2)
Without arms (Skilled)
A 2.35
B 2.14
C 1.82
With arms (Highly Skilled)
A 2.56
B 2.35
C 2.14
Explanation : For the purposes of the notification,—
(a) Area “A” and Area “B” as indicated in Annexure to this notification shall respectively
comprise all the places as specified in the said annexure as such areas, and include
all places within a distance of fifteen kilometres from the periphery of a Municipal
Corporation or Municipality or Cantonment Board or Notified Area Committee of a
particular place. Area “C” shall comprise of all the other places not mentioned in Area
“A” and “B” of the Annexure and to which the Minimum Wages Act, 1948 (11 of
1948) extends;
(b) the places added or upgraded from time to time by the Ministry of Finance for the
purposes of payment of House Rent Allowance to Central Government employees
shall be taken to be added from the date of such addition or up-gradation for the
purposes of classification specified in Annexure to this notification;
(c) where the existing rates of wages of any employee based on contract or agreement
or otherwise are higher than the rates notified herein, the higher rates shall be
protected and treated as minimum rates of wages, applicable for the purpose of this
notification to such employees;
(d)(i) “skilled work” means work which involves skill or competence acquired through
experience on the job or through training as an apprentice in a technical or vocational
institute and the performance of which calls for initiative and judgment;
(ii) “highly skilled work” means work which calls for a degree of perfection and full
competence in the performance of certain tasks including clerical work acquired
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(d) the minimum rates of wages include the wages for weekly day of rest;
(e) the minimum rates of wages are applicable to employees employed by contractors
also;
(f) the minimum rates of wages for disabled persons shall be the same as payable to the
workers of appropriate category;
(g) the men, women and transgender employees shall be entitled for the same rates of
wages for the same work or work of similar nature;
(h) the minimum rates of wages and Variable Dearness Allowance both constitute the
minimum rates of wages to be enforceable under the Minimum Wages Act, 1948 (11
of 1948).
(9)
Ministry of Labour and Employment, Noti. No. S.O. 193(E), dated January 19, 2017,
published in the Gazette of India, Extra., Part II, Section 3(ii), dated 19th January, 2017,
p. 52, No. 173
Whereas the draft proposal to amend the notification of the Government of India in the
Ministry of Labour and Employment number S.O. 2092, dated the 23rd April, 1983, was
published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), vide
notification of the Government of India in the Ministry of Labour and Employment number
S.O. 2839(E), dated the 1st September, 2016, as required by Section 27 of the Minimum
Wages Act, 1948 (11 of 1948), for information and inviting objections and suggestions
from all persons likely to be affected thereby, within a period of three months from the
date on which copies of the Gazette of India containing the said notification were made
available to the public;
And whereas the copies of the said Gazette were made available to the public on the
2nd September, 2016;
And whereas no objections and suggestions have been received on the said proposal by
the Central Government;
Now, therefore, in exercise of the powers conferred by Section 27 of the said Act the
Central Government hereby makes the following amendment in the notification of
Government of India in the Ministry of Labour and Employment, S.O. 2092, dated the 23rd
April, 1983, published in the Gazette of India, Part II, Section 3, sub-section (ii), namely—
In the said notification, for the words “the employment in loading and unloading in
Railways, goods sheds, docks and ports”, the words “the employment in loading and
unloading in Railways, goods-sheds, docks, ports and airports (both International and
Domestic terminals)” shall be substituted.
———
1.
For Statement of Objects and Reasons, see Gaz. of India, 1946, Pt. V, p. 224 and for the Report of the Select
Committee, see Gaz. of India, 1948, Pt. V, pp. 55-58.
2.
1981 Lab IC 690 (AP).
3.
People's Union for Democratic Rights v. Union of India, (1982) 3 SCC 235 : 1982 SCC (L&S) 275.
4.
People's Union for Democratic Rights v. Union of India, (1982) 2 SCC 494 : 1982 SCC (L&S) 262.
5.
Shri Chalthan Vibhag Khand Udyog Sahakari Mandi Ltd. v. G.S. Barot, (1979) 4 SCC 622 : 1980 SCC (L&S) 76.
6.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950), for “all the Provinces of India”.
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7.
The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, S. 2 and Sch. (w.e.f. 1-9-1971).
8.
Subs. by Act 61 of 1986, S. 23 (w.e.f. 23-12-1986).
9.
Subs. by Act 30 of 1957, S. 2 (w.e.f. 17-9-1957) for “Central Government, by a railway administration”.
10.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950), for “an Act of the Central Legislature”.
11.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950), for “Provincial”.
12.
Ins. by Act 61 of 1986, S. 23 (w.e.f. 23-12-1986).
13.
Subs. by Act 26 of 1954, S. 2 (w.e.f. 20-5-1954) for “clause (e) of sub-section (i) of S. 9 of the Factories Act,
1934 (25 of 1934)”.
14.
Ins. by Act 30 of 1957, S. 2 (w.e.f. 17-9-1957).
15.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950) for “Crown”.
16.
Subs. for sub-section (1) by Act 26 of 1954, S. 3 (w.e.f. 20-5-1954).
17.
Subs. by Act 31 of 1961, S. 2 (w.e.f. 28-8-1961).
18.
Ins. by Act 30 of 1957, S. 3 (w.e.f. 17-9-1957).
19.
Omitted by Act 31 of 1961, S. 2 (w.e.f. 28-8-1961).
20.
Subs. by Act 31 of 1961, S. 2 (w.e.f. 28-8-1961).
21.
Ins. by Act 31 of 1961, S. 2 (w.e.f. 28-8-1961).
22.
Subs. by Act 30 of 1957, S. 3 (w.e.f. 17-9-1957), for the original clause excluding the proviso.
23.
Subs. by Act 30 of 1957, S. 4 (w.e.f. 17-9-1957) for the original section.
24.
Subs. by Act 30 of 1957, S. 6 (w.e.f. 17-9-1957), for “committees, sub-committees, advisory committees and
advisory sub-committees appointed under Ss. 5 and 6”.
25.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950) for “Provincial”.
26.
The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, S. 7 (w.e.f. 17-9-1957).
27.
Subs. by Act 30 of 1957, S. 8 (w.e.f. 17-9-1957) for the original section.
28.
The words “or Section 10” omitted by Act 30 of 1957, S. 9 (w.e.f. 17-9-1957).
29.
The original section renumbered as sub-section (1) by Act 30 of 1957, S. 10 (w.e.f. 17-9-1957).
30.
Ins. by Act 30 of 1957, S. 10 (w.e.f. 17-9-1957).
31.
Subs. by Act 26 of 1954, S. 4 (w.e.f. 20-5-1954), for “Section 47 of the Factories Act, 1934 (25 of 1934)”.
32.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950) for “Crown”.
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33.
Subs. by Act 30 of 1957, S. 11 (w.e.f. 17-9-1957).
34.
Ins. by Act 30 of 1957, S. 11 (w.e.f. 17-9-1957).
35.
Subs. by Act 30 of 1957, S. 12 (w.e.f. 17-9-1957), for “any Commissioner for Workmen's Compensation or”.
36.
Ins. by Act 30 of 1957, S. 12 (w.e.f. 17-9-1957).
37.
Subs. by Act 30 of 1957, S. 12 (w.e.f. 17-9-1957).
38.
Ins. by Act 30 of 1957, S. 12 (w.e.f. 17-9-1957).
39.
Subs. by Act 30 of 1957, S. 12 (w.e.f. 17-9-1957) for the original sub-section.
40.
Subs. by Act 30 of 1957, S. 13 (w.e.f. 17-9-1957), for “A single application”.
41.
Ins. by Act 30 of 1957, S. 13 (w.e.f. 17-9-1957).
42.
Subs. for the original S. 22 by Act 30 of 1957, S. 13 (w.e.f. 17-9-1957).
*
For Composition of Offences and Abatement in Madhya Pradesh see below Section 22-C.
43.
Ins. by Act 30 of 1957, S. 15 (w.e.f. 17-9-1957).
44.
Ins. by Act 26 of 1954, S. 5 (w.e.f. 20-5-1954).
45.
Ins. by Act 30 of 1957, S. 15 (w.e.f. 17-9-1957).
46.
Ins. by Act 30 of 1957, S. 15 (w.e.f. 17-9-1957).
47.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950), for “Province”.
48.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950) for “Provincial”.
49.
Subs. by the A.O. 1950 (w.e.f. 26-1-1950), for “Province”.
50.
The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, S. 16 (w.e.f. 17-9-1957).
51.
The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, S. 16 (w.e.f. 17-9-1957).
52.
Ins. by Act 31 of 1961, S. 3 (w.e.f. 28-8-1961).
53.
Section 30-A renumbered as sub-section (1) by Act 4 of 2005, S. 2 and Sch.
54.
Ins. by Act 4 of 2005, S. 2 and Sch.
55.
Subs. by Act 31 of 1961, S. 4 (w.e.f. 28-8-1961).
56.
Subs. by Act 30 of 1957, S. 18 (w.r.e.f. 17-3-1948).
57.
Ins. by S.O. 3760, dt. 4-12-1962.
58.
Ins. by S.O. 1824, dt. 22-3-1983.
59.
Ins. by S.O. 1957, dt. 11-4-1983.
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60.
Original entry ins. by S.O. 2092, dt. 23-4-1983 bifurcated by S.O. 765(E), dt. 11-8-1987 published in Gaz. of India,
Extra., No. 404, dt. 11-8-1987, Pt. II, S. 3(ii). Further modified by S.O. 90(E), dt. 25-1-2006 and amended by S.O.
193(E), dt. 19-1-2017.
61.
Ins. by S.O. 2093, dt. 23-4-1983, published in Gaz. of India, dt. 7-5-1983, Pt. II, S. 3(ii), p. 2076.
62.
Ins. by S.O. 3455, dt. 20-8-1983.
63.
Ins. by S.O. 2969, dt. 1-8-1986, published in Gaz. of India, dt. 23-8-1986, Pt. II, S. 3(ii), p. 3379.
64.
Ins. by S.O. 439(E), dt. 20-5-1998.
65.
Ins. by S.O. 439(E), dt. 20-5-1998.
66.
Ins. by S.O. 439(E), dt. 20-5-1998.
67.
Ins. by S.O. 439(E), dt. 20-5-1998.
68.
Subs. for “Employment of Watch and Ward through Private Security Services or directly by the Employer in all Public
Sector Enterprises” by S.O. 2232(E), dt. 18-9-2008.
69.
Ins. by S.O. 1573(E), dt. 3-11-2005.
70.
Author's Note : Only such of the additions/amendments as could be found have been included with their own serial
number. For other and remaining amendments reader must refer to the relevant State Gaz. and local publications.
Sometimes the serial numbers are not given or are repeated or are in inconsistent sequence. See also at the end the
notifications exempting/excepting application.
71.
Vide A.P. Gaz., dt. 3-3-1960, Pt. I, p. 665.
72.
Vide A.P. Gaz., dt. 17-1-1963, Pt. I, p. 203 and A.P. Gaz. dt. 16-9-1971, Pt. I, p. 789.
73.
Vide A.P. Gaz., dt. 15-7-1965, Pt. I, p. 1412.
74.
Vide A.P. Gaz., dt. 14-12-1967, Pt. I, p. 2119.
75.
Vide A.P. Gaz., dt. 7-11-1968, Pt. I, p. 2036.
76.
Vide A.P. Gaz., dt. 16-4-1970, Pt. I, p. 441.
77.
Ins. by G.O.Ms. No. 1949, Home (Lab-II), dt. 29-12-1970, published in A.P. Gaz., dt. 18-1-1971, Pt. I, p. 93.
78.
Vide A.P. Gaz., dt. 17-2-1971, Pt. I, p. 131.
79.
Ins. by G.O.Ms. No. 636, Home (Lab-II), dt. 6-4-1971, published in A.P. Gaz., dt. 24-6-1971, Pt. I, p. 371.
80.
Vide A.P. Gaz., dt. 29-7-1971, Pt. I, p. 632.
81.
Vide A.P. Gaz., dt. 29-9-1971, Pt. I, p. 608.
82.
Vide A.P. Gaz., dt. 21-9-1972, Pt. I, p. 939.
83.
Ins. by G.O.Ms. No. 448, Employment and Social Welfare (Lab-II), dt. 19-6-1974 published in A.P. Gaz., 1974, Pt. I,
p. 1178.
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84.
Ins. by G.O.Ms. No. 68, Employment and Social Welfare (T), dt. 27-1-1976, published in A.P. Gaz., dt. 19-2-1976,
Pt. I, p. 166.
85.
Ins. by G.O.Ms. No. 381, Employment and Social Welfare (T), dt. 17-4-1976 published in A.P. Gaz., 1976, Pt. I, p.
402.
86.
Ins. by G.O.Ms. No. 284 Lab, Employment and Technical Education (Lab-II), dt. 9-5-1979 published in A.P. Govt.
Gaz., dt. 28-2-1980, Pt. I, p. 273.
87.
Vide A.P. Gaz., Extra., dt. 16-2-1983, Pt. I, p. 1.
88.
Vide A.P. Gaz., dt. 30-10-1980, Pt. I, p. 1231.
89.
Vide A.P. Gaz., dt. 7-1-1982, Pt. I, p. 10.
90.
Vide Assam Gaz., dt. 12-6-1957, Pt. II-A, p. 1827.
91.
Vide Assam Gaz., dt. 23-3-1966, Pt. II-A, p. 623.
92.
Ins. by Noti. No. GLR 345/75/6, dt. 29-11-1975, published in Assam Gaz., dt. 17-12-1975, Pt. II-A, p. 2805.
93.
Ins. by Noti. No. GLR 730/75/6, dt. 9-8-1976, published in Assam Gaz., dt. 2-2-1977, Pt. II-A, p. 430.
94.
Ins. by Noti. No. GLR 339/75/25, dt. 2-12-1977, published in Assam Gaz., dt. 7-12-1977, Pt. II-A, p. 2961.
95.
Ins. by Noti. No. GLR 293/76/3, dt. 18-12-1976, published in Assam Gaz., dt. 5-1-1977, Pt. II-A, p. 32.
96.
Vide Assam Gaz., dt. 26-8-1981, Pt. II-A, p. 1183.
97.
Vide Assam Gaz., dt. 31-8-1983, Pt. II-A, p. 1235.
98.
Ins. by Bihar Govt. Noti. No. II/W3-108/57(A)-L-11576, dt. 22-6-1957.
99.
Ins. by Bihar Govt. Noti. No. VI/W3-1057/57-L-17688, dt. 28-9-1957.
100.
Subs. by Noti. No. VI/W3-1090/61-L & E-9011, dt. 6-12-1961 (partially modifying Noti. dt. 25-5-1959) published in
Bihar Gaz., dt. 27-12-1961 Pt. II, p. 2393.
101.
Ins. by Bihar Govt. Noti. No. VI/W3-1021/60-L-8378, dt. 19-12-1960.
102.
See Bihar Govt. Gaz., dt. 4-1-1961.
103.
See Bihar Govt. Gaz., dt. 29-4-1964.
104.
Ins. by Noti. No. VI/W3-1033/66-L & E-13102, dt. 21-11-1966, published in Bihar Gaz., dt. 14-12-1986, p. 3597.
105.
Ins. by S.O. 288, dt. 16-2-1971, published in Bihar Gaz., Extra., dt. 16-3-1971.
106.
See Bihar Gaz., dt. 22-3-1971.
107.
Ins. by S.O. 670, dt. 3-5-1973, published in Bihar Gaz., Extra., dt. 12-3-1973.
108.
Substituted by S.O. 1408, dt. 25-11-1978, published in Bihar Gaz., Extra., dt. 25-11-1978.
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109.
Ins. by S.O. 88, dt. 6-2-1974, published in Bihar Gaz., Extra., dt. 6-2-1974, p. 5.
110.
Ins. by S.O. 1441, dt. 11-9-1974 (12-6-1974), published in Bihar Gaz., Extra., dt. 11-12-1974, p. 26.
111.
Ins. by S.O. 1421, dt. 11-9-1974 (17-7-1974), published in Bihar Gaz., Extra., dt. 11-12-1974, p. 11.
112.
Ins. by S.O. 1590, dt. 15-10-1976.
113.
Ins. by S.O. 1588, dt. 15-10-1976.
114.
Ins. by S.O. 1512, dt. 18-9-1976.
115.
Ins. by S.O. 1590, dt. 15-10-1976.
116.
Ins. by S.O. 125, dt. 15-1-1977.
117.
Ins. by S.O. 1463, dt. 29-9-1981.
118.
Ins. by S.O. 1659, dt. 7-11-1981.
119.
Ins. by S.O. 1663, dt. 7-11-1981.
120.
Ins. by S.O. 781, dt. 5-5-1982.
121.
Ins. by S.O. 9, dt. 10-1-1983.
122.
Vide Chand. Admn. Gaz., Extra., dt. 4-8-1973, p. 219.
123.
Vide Chand. Admn. Gaz., Extra., dt. 14-2-1975, p. 33
124.
Vide Chand. Admn. Gaz., Extra., dt. 2-1-1976, p. 1.
125.
Vide Chand. Admn. Gaz., Extra., dt. 17-2-1977, p. 77.
126.
Vide Chand. Admn. Gaz., Extra., dt. 6-10-1978, p. 447.
127.
Vide Chand. Admn. Gaz., Extra., dt. 29-5-1979, p. 247.
128.
Vide Delhi Gaz., dt. 13-4-1967, Pt. IV, p. 146.
129.
Ins. by Noti. No. F. 12(93)MW/72/LC, dt. 27-12-1972, published in Delhi Gaz., dt. 11-1-1973, Pt. IV, p. 7.
130.
Ins. by Noti. No. F. 12 (99) MW/73/LC, dt. 7-9-1974, published in Delhi Gaz., Extra., No. 142, dt. 9-9-1974, Pt. IV,
p. 455.
131.
Ins. by Noti. No. F. 12 (102) MW/73-LC, dt. 15-5-1974, published in Delhi Gaz., dt. 30-5-1974, Pt. IV, p. 346.
132.
Ins. by Noti. No. F. 12 (104)/MW/73-LC, dt. 16-8-1974, published in Delhi Gaz., dt. 29-8-1974, Pt. IV, p. 562.
133.
Vide Delhi Gaz., Extra., dt. 8-4-1977, p. 223.
134.
Vide Delhi Gaz., Extra., dt. 6-6-1977, p. 329.
135.
Vide Delhi Gaz., Extra., dt. 22-9-1980, Pt. IV, p. 681.
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136.
Ins. by Noti. No. F. 12 (165) 180-MW/L, dt. 18-5-1983, published in Delhi Gaz., Extra., No. 83, dt. 18-5-1983, Pt.
IV.
137.
Ins. by Noti. No. 1/313/-Lab/1269, dt. 28-2-1975, published in Goa, Daman & Diu Gaz., Extra., dt. 29-3-1975,
Series 1, No. 52, pp. 763-78.
138.
Ins. by Noti. No. KH-SH-556(A) MWA/1063/44928-T, dt. 7-7-1964, published in Guj. Govt. Gaz., dt. 16-7-1964,
Pt. I-L, p. 2245.
139.
Ins. by Noti. No. KH-SH-294/MWA/1665/18136-T, dt. 27-3-1967, published in Guj. Govt. Gaz., dt. 6-4-1967, Pt. I-
L, p. 913.
140.
Ins. w.e.f. 1-7-1965 by Noti. No. KH-SH-567-(A) MWA/1063/41078-T, dt. 23-6-1965, published in Guj. Govt. Gaz.,
dt. 1-7-1965, Pt. I-L, p. 1766.
141.
Ins. w.e.f. 1-11-1965 by Noti. No. KH-SH-1242(A) MWA/1064/46684-T, dt. 15-10-1965 published in Guj. Govt.
Gaz., dt. 21-10-1965, p. 2663.
142.
Vide Guj. Gaz., dt. 23-7-1964, Pt. I-L, p. 2272.
143.
Ins. by Noti. No. KH-SH-292-(A) MWA/1667/1036-T, dt. 0-4-1969, published in Guj. Govt. Gaz. dt. 17-4-1969, Pt.
I-L, p. 1920.
144.
Ins. w.e.f. 15-12-1970 by Noti. No. KH/SH/2317(A) MWA/1667/90668-T, dt. 8-12-1970, published in Guj. Govt.
Gaz., dt. 17-12-1970, Pt. I-L, p. 3646.
145.
Ins. by Noti. No. KH-SH-257/MWA 1872/123326-T, dt. 2-3-1973, published in Guj. Govt. Gaz., dt. 8-3-1973, Pt. I-
L, p. 933.
146.
Ins. w.e.f. 1-5-1978 by Noti. No. KH-L-403/MWA 1077/31067-T(A), dt. 24-4-1978, published in Guj. Govt. Gaz.,
dt. 11-5-1978, Pt. I-L, pp. 2274-2276.
147.
Vide Guj. Gaz., dt. 15-8-1974, Pt. I-L, p. 2748.
148.
Vide Guj. Gaz., dt. 10-6-1970, Pt. I-L, p. 1419.
149.
Ins. w.e.f. 1-6-1977 by Noti. No. KH-SH-459/MWA 1076/3106-T, dt. 26-5-1977, published in Guj. Govt. Gaz., dt.
2-6-1977, Pt. I-L, p. 2511.
150.
Ins. w.e.f. 1-5-1978 by Noti. No. KH-L-429/MWA 1077/22889-T(A), dt. 28-4-1978, published in Guj. Govt. Gaz.,
dt. 2-6-1977, pt. 1-L.
151.
Ins. by Noti. No. KH-L-66 MWA 1077/22889-T, dt. 25.1.1979, published in Guj. Govt. Gaz., dt. 10-2-1979, p. 24.
152.
Ins. w.e.f. 16-8-1980 by Noti. No. KH/L-27 MWA 1079/450-T, dt. 14-8-1980, published in Guj. Govt. Gaz., Extra.,
No. 117, dt. 14-8-1970, Pt. I-L, p. 292.
153.
Vide Guj. Gaz., dt. 23-4-1981, Pt. I-L, p. 3553.
154.
Vide Guj. Gaz., dt. 13-8-1981, Pt, I-L, p. 16547.
155.
Ins. w.e.f. 15-6-1982 by Noti. No. KH-R-382 MWA 1075/9490-Gh., dt. 14-6-1982, published in Guj. Govt. Gaz.,
Extra., No. 51, dt. 14-6-1952, Pt. I-L, p. 178.
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156.
Ins. w.e.f. 1-7-1982 by Noti. No. KH-R-419/MWA-1078-38299-Gh., dt. 30-6-1982, published in Guj. Govt. Gaz.,
Extra., No. 55, dt. 30-6-1982, Pt. I-L, p. 188.
157.
Vide Guj. Gaz., dt. 26-5-1983, Pt. I-L, p. 866.
158.
Vide Guj. Gaz., dt. 23-6-1983, Pt. I-L, p. 1024.
159.
Ins. w.e.f. 1-1-1984 by Noti. No. KH-R-821/MWA-1083-1603-M-2, dt. 28-9-1984 published in Guj. Govt. Gaz.,
Extra., No. 90, dt. 29-9-1984, Pt. I-L, p. 90.
160.
Ins. by S.O. 84/C.A./11/48/S. 27/68 dt. 5-7-1968, published in Haryana Govt. Gaz., dt. 16-7-1968, Pt. III, p. 339.
161.
Vide Haryana Gaz., dt. 20-5-1969, Pt. III (Legislative Supplement), p. 271.
162.
Vide Haryana Gaz., dt. 13-1-1970, Pt. III Legislative Supplement) p. 29.
163.
Vide Haryana Gaz., dt. 4-8-1970, Pt. III (Legislative Supplement) p. 807.
164.
Ins. by S.O. 118/C.A. 11/48/S 27/72, dt. 21-7-1972, published in Haryana Govt. Gaz., dt. 25-7-1972, Pt. III, p.
831.
165.
Ins. by S.O. 98/C.A. 11/48/S 27/72, dt. 23-6-1972, published in Haryana Govt. Gaz., dt. 27-6-1972, Pt. III, p.
681.
166.
Ins. by S.O. 149/C.A. 11/48/S 27/72, dt. 25-8-1972, published in Haryana Govt. Gaz., dt. 29-8-1972, Pt III, p.
967.
167.
Vide Haryana Gaz., dt. 5-7-1974, Pt. III (Legislative Supplement), p. 167.
168.
Ins. by S.O. 188/C.A. 11/48/S 27/Amd/74, dt. 8-11-1974, published in Haryana Govt. Gaz., dt. 12-11-1974, Pt.
III, p. 1341.
169.
Ins. by S.O. 79/C.A. 11/48/S-27177, dt. 1-7-1977, published in Haryana Govt. Gaz., dt. 5-7-1977, Pt. III, p. 585.
170.
Vide Haryana Gaz., Extra., dt. 26-8-1982, p. 1358.
171.
Vide Himachal Pradesh Gaz., dt. 12-2-1972, Pt. 3, p. 142.
172.
Ins. by Noti. No. S.O. 7, dt. 25-4-2015.
173.
Vide Mysore Gaz., dt. 22-6-1967, Pt. IV, S. 2-C (ii), p. 2630.
174.
Vide Mysore Gaz., dt. 17-8-1967, Pt. IV, S. 2-C (ii), p. 3543.
175.
Ins. by S.O. 1851, dt. 23-8-1968 published in Mysore Govt. Gaz., dt. 12-9-1968, Pt. IV, S. 2-C(ii), p. 4154.
176.
Subs. by Noti. No. SWL/50/LMW/85, dt. 14-3-1986 published in Karnataka Gaz., Extra., No. 215, dt. 20-3-1986,
Pt. IV-2c(ii).
177.
Ins. by S.O. 2416, dt. 18-3-1974, published in Karnataka Gaz., dt. 5-12-1974, Pt. IV, S. 2-C(ii), p. 4622.
178.
Ins. by S.O. 1250, dt. 20/22-5-1975, published in Karnataka Gaz., Extra., No. 1380, dt. 24-12-1975, Pt. IV, S. 2-C
(ii).
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179.
Both these entries (with F.N. Nos. 18 & 19) have been numbered as 32, vide 48 FJR (Statutes section) 120.
180.
Ins. by S.O. 2809, dt. 25-8-1975, published in Karnataka Gaz., Extra., No. 2793, dt. 28-8-1975, Pt. IV, S. 2-C(ii).
181.
Ins. by S.O. 3948, dt. 27-12-1975, published in Karnataka Gaz. Extra., No. 4724, dt. 29-12-1975, Pt. IV, S. 2-C
(ii).
182.
Ins. by Noti. No. SWL 18 LMW 75, dt. 7-5-1976, published in Karnataka Gaz., Extra., No. 2402, Pt. IV, S. 2-C(ii).
183.
Ins. by Noti. No. SLW 88 LMW 75, dt. 27-7-1976, published in Karnataka Gaz., Extra., No. 3634, Pt. IV, S. 2-C(ii),
dt. 29-7-1976.
184.
Ins. by Noti. No. SWLN 90 LMW 75, dt. 27-7-1976, published in Karnataka Gaz., Extra., No. 3634, Pt. IV, S. 2-C(ii)
dt. 30-7-1976.
185.
Ins. by Noti. No. SWL 99 LMW 75, dt. 29-7-1976, published in Karnataka Gaz., Extra., No. 3666, Pt. IV, S. 2-C(ii),
dt. 30-7-1976.
186.
Entries 40 to 43 Ins. by Noti. No. SWL 45 LMW 76(i), (ii), (iii) and (iv), dt. 18-5-1978, published in Karnataka Gaz.,
Extra., No. 837 to 840, dt. 25-51973, Pt. IV, S. 2-C(ii).
187.
Subs. by Noti. No. SWL 255 LMW 82, dt. Oct. 3, 1985.
188.
Ins. by Noti. No. SWL 119 LMW, dt. 31-3-1977.
189.
Ins. by Noti. No. SWL 40 LMW 76, dt. 28-4-1977.
190.
Ins. by Noti. No. SWL 247 LLE 78, dt. 18-10-1978, published in Karnataka Gaz., dt. 2-11-1978, Pt. IV, S. 2-C(ii),
p. 2868.
191.
Ins. by Noti. No. SWL 65 LMW 82, dt. 8-3-1985, published in Karnataka Govt. Gaz., Extra., No. 119, dt. 12-3-
1985, Pt. IV, S. 2-C(ii).
192.
Ins. by Noti. No. SWL 22 LMW 82, dt. 20-8-1986, published in Karnataka Govt. Gaz., Extra., No. 650, dt. 26-8-
1986, Pt. IV, S. 2-C(ii).
193.
Vide Travancore-Cochin Gaz., dt. 23-12-1952, Pt. I, p. 1414.
194.
Ins. by Noti. No. L1-3946/55/DD, dt. 7-9-1956, published in Travancore-Cochin Gaz., dt. 18-9-1956, Pt. I, p.
1012.
195.
Ins. by No. L1-15302/50/DD(1), dt. 26-9-1951 published in Pt. I of Travancore-Cochin Gaz., dt. 2-10-1951 and its
applicability extended to Malabar District by Noti. No. L1-29389/56/L & LAD, dt. 22-5-1957 published in Kerala Gaz., dt.
28-5-1957, Pt. I, p. 1172.
196.
Vide Kerala Gaz., dt. 10-12-1957, Pt. I, p. 2707.
197.
Ins. by Noti. No. 10422/L1/61/HLD(1), dt. 18-12-1961, published in Kerala Gaz., dt. 26-12-1961 Pt. I, p. 2864.
198.
Ins. by Noti. No. 19598/LI/61/HLD, dt. 9-3-1962, published in Kerala Gaz., dt. 20-3-1962, Pt. I, p. 710.
199.
Ins. by Noti. No. 40284/H1/63/HLD, dt. 28-5-1964 published in Kerala Gaz., No. 25, dt. 23-6-1964, Pt. I.
200.
Ins. by Noti. No. 30726/HI/65/HLD, dt. 13-3-1966 published in Kerala Gaz., dt. 29-3-1966, Pt. I, p. 160.
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201.
Kerala Gaz., dt. 9-9-1969, Pt. I, p. 413.
202.
As amended by Noti. No. 36013/A1/70/Labour, dt. 10-1-1972, published in Kerala Gaz., dt. 18-1-1972, Pt. I, p. 28.
203.
Vide Kerala Gaz., dt. 31-8-1971, Pt. I, p. 444.
204.
Vide Kerala Gaz., No. 27, dt. 15-7-1975, Pt. I, S. IV, p. 882.
205.
Ibid., p. 882, No. 28.
206.
Ins. by G.O. (Rt.) No. 1991/78/L&H, dt. 28-12-1978, published in Kerala Gaz., No. 6, dt. 6-2-1979, Pt. I, S. IV.
207.
Vide Kerala Gaz., Extra., No. 229, dt. 1-4 1978, p. 1.
208.
Ins. by Noti. No. 566/79/L & H, dt. 20-4-1979, published in Kerala Gaz., No. 21, dt. 22-5-1979, Pt. I, S. IV.
209.
Vide Kerala Gaz., No. 13, dt. 25-3-1980, Pt. I, S. IV, p. 382.
210.
Ins. by G.O. (Rt.) No. 887/83/LBR, dt. 23-7-1983, published in Kerala Gaz., Extra., No. 787, dt. 25-7-1983.
211.
Ins. by G.O. Ms. No. 68/97/LBR, dt. 18-7-1997, published in Kerala Govt. Gaz. Extra., No. 1001, dt. 26-7-1997.
212.
Vide M.P. Gaz., dt. 26-8-1960, Pt. I, p. 1377.
213.
Ins. by Noti. No. 579-9510-XVI, dt. 2-2-1965, published in M.P. Gaz., dt. 30-4-1965, Pt. I, p. 699.
214.
Vide M.P. Gaz., dt. 15-11-1968, Pt. I, p. 1814.
215.
Vide M.P. Gaz., dt. 25-7-1969, Pt. I, p. 1482.
216.
Ins. by Noti. No. 562-13836-XVI, dt. 12-2-1974, published in M.P. Gaz., dt. 15-2-1974, Pt. I, p. 294.
217.
Vide M.P. Gaz., dt. 15-4-1977, Pt. I, p. 492.
218.
Vide M.P. Gaz., dt. 22-4-1977, Pt. I, p. 522.
219.
Ins. by Noti. No. 2240-1276-84-XVI-A, dt. 17-4-1984, published in M.P. Govt. Gaz., dt. 25-5-1984, Pt. 1, p. 476.
220.
Vide Mah. Gaz., dt. 1-10-1962, Pt. I-L, p. 4162.
221.
Vide Mah. Gaz., dt. 16-4-1964, Pt, I-L, p. 1413.
222.
Vide Mah. Gaz., dt. 29-10-1964, Pt. I-L, p. 3755.
223.
Vide Mah. Gaz., Extra., dt. 15-10-1965, Pt. I-L, p. 3702.
224.
Vide Mah. Gaz., dt. 3-11-1966, Pt. I-L, p. 3629.
225.
Ins. by Noti. No. MWA/5267/116710-Lab III, dt. 1-6-1968, published in Mah. Govt. Gaz., dt. 13-6-1968, Pt. I-L, p.
2245.
226.
Vide Mah. Gaz., dt. 12-9-1968, Pt. I-L, p. 3385.
227.
Vide Mah. Gaz., dt. 13-2-1969, Pt. I-L, p. 988.
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228.
Vide Mah. Gaz., dt. 20-3-1969, Pt. I-L, p. 1588.
229.
Ins. by Noti. No. MWA 5269/14495-Lab-III, dt. 15-12-1969, published in Mah. Govt. Gaz., dt. 8-1-1970, Pt. I-L, p.
264.
230.
Vide Mah. Gaz., dt. 6-4-1972, Pt. I-L, p. 2349.
231.
Vide Mah. Gaz., dt. 22-6-1972, Pt. I-L, p. 4037.
232.
Vide Mah. Gaz., dt. 13-7-1972, Pt. I-L, p. 4590.
233.
Vide Mah. Gaz., dt. 29-3-1973, Pt. I-L, p. 2726.
234.
Vide Mah. Gaz., dt. 29-3-1973, Pt. I-L, p. 2727.
235.
Vide Mah. Gaz., dt. 16-11-1972, Pt. I-L, p. 7255.
236.
Vide Mah. Gaz., dt. 29-3-1973, Pt. I-L, p. 2727.
237.
Vide Mah. Gaz., dt. 5-7-1973, Pt. I-L, p. 5718.
238.
Vide Mah. Gaz., dt. 1-11-1973, Pt. I-L, p. 9340.
239.
Vide Mah. Gaz., dt. 5-2-1975, Pt. I-L, p. 101.
240.
Vide Mah. Gaz., dt. 15-8-1976, Pt. I-L, p. 3928.
241.
Vide Mah. Gaz., dt. 12-8-1976, Pt. I-L, p. 4111.
242.
Ins. by Noti. No. MWA 4274/996/Lab 7, dt. 11-1-1977, published in Mah. Govt. Gaz., dt. 3-2-1977, Pt. I-L, p.
1095.
243.
Ins. by Noti. No. MWA 5276 (621) Lab 7, dt. 30-3-1977, published in Mah. Govt. Gaz., Extra., dt. 30-3-1977, p.
132.
244.
Ins. by Noti. No. 3876/1189/Lab 7, dt. 30-3-1977, published in Mah. Govt. Gaz., dt. 21-4-1977, Pt. I-L p. 2983.
245.
Ins. by Noti. No. 3876/1189/Lab 7, dt. 30-3-1977, published in Mah. Govt. Gaz., dt. 21-4-1977, Pt. I-L p. 2983.
246.
Ins. by Noti. No. MWA 2370/948/Lab 7, dt. 22-8-1977, published in Mah. Govt. Gaz., Extra., dt. 27-8-1977, Pt. I-
L, p. 281.
247.
Ins. by Noti. No. MWA/6275/896/Lab 7, dt. 1-12-1977, published in Mah. Govt. Gaz., Extra., dt. 1-2-1977, Pt. I-L,
p. 342.
248.
Vide Mah. Gaz., dt. 31-1-1980, Pt. I-L, p. 670.
249.
Ins. by Noti. No. MWA 5681/4460/Lab 7, dt. 22-3-1982, published in Mah. Govt. Gaz., Extra., No. 30, dt. 22-3-
1982, p. 83.
250.
Ins. by Noti. No. MWA 1581/3059-Lab 7, dt. 27-5-1982, published in Mah. Govt. Gaz., Extra., No. 51, dt. 27-5-
1982, Pt. I-L, p. 139.
251.
Ins. by Noti. No. MWA 5680/CR-2932/Lab 7, dt. 11-2-1985, published in Mah. Govt. Gaz., Extra., No. 20, dt. 11-2-
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252.
Ins. by Noti. No. MWA 5281/10041 (CR-4537) Lab 7, dt. 11-2-1985, published in Mah. Govt. Gaz., Extra., No. 21,
dt. 11-2-1985, Pt. I-L, p. 70.
253.
Ins. by Noti. MWA 1085/6127-Lab 7, dt. 26-8-1986, published in Mah. Govt. Gaz., Extra., dt. 26-8-1986, Pt. I-L p.
182.
254.
Ins. by Noti. No. MWA 1085/6398/Lab 7, dt. 26-6-1986, published in Mah. Govt. Gaz., Extra., No. 54, dt. 26-6-
1986, Pt. I-L, p. 124.
255.
Ins. by Noti. No. MWA-1085/6398(A)/Lab 7, dt. 27-6-1986, published in Mah. Govt. Gaz., Extra., No. 55, dt. 27-6-
1986, Pt. I-L, p. 125.
256.
Ins. by Noti. No. MWA 5281/3065/Lab 7, dt. 24-7-1986, published in Mah. Govt. Gaz., No. 63, dt. 24-7-1986, Pt. I
-L, p. 147.
257.
Ins. by Noti. No. MWA-4584/5903/Lab 7, dt. 6-7-1988, published in Mah. Govt. Gaz., dt. 13-10-1988, Pt. I-L, p.
2064.
258.
Ins. by Noti. No. MWA 6989/6616/Lab 7, dt. 29-8-1988, published in Mah. Govt. Gaz., Extra., No. 97, dt. 29-8-
1988, Pt. I-L, p. 334.
259.
Ins. by Noti. No. MWA 1085/6291/Lab 7, dt. 16-11-1988, published in Mah. Govt. Gaz., dt. 15-12-1988, Pt. I-L, p.
2848.
260.
Ins. by Noti. No. MWA. 1014/383/C.R. 96/Lab. 7, dt. 24-2-2015.
261.
Vide Manipur Gaz., Extra., dt. 6-11-1979, p. 1.
262.
Vide Meghalaya Gaz., dt. 27-5-1982, p. 183.
263.
Vide Orissa Gaz., dt. 30-1-1976, Pt. III, p. 58.
264.
Ins. by S.R.O. 560/76, dt. 19-5-1976, published in Orissa Gaz., Extra., No. 865, dt. 25-5-1976.
265.
Vide Orissa Gaz., Extra., dt. 5-1-1982, p. 1.
266.
Ins. by S.R.O. 227/82, dt. 30-3-1982, published in Orissa Govt. Gaz., Extra., No. 415, dt. 31-3-1982.
267.
Ins. by G.O.Ms. No. 170/76-Lab, dt. 9-9-1976.
268.
Ins. by G.O.Ms. No. 141/78-Lab, dt. 14-9-1978.
269.
Ins. by Noti No. 11531-LP-52/19940, dt. 24-11-1952.
270.
Vide Punjab Gaz., dt. 10-2-1956, Pt. I, p. 191.
271.
Vide Punjab Gaz., dt. 27-3-1959, Pt. I, p. 631.
272.
Ins. by Noti. No. 8778-4 Lab (11)-61/2754, dt. 17-8-1961 published in Punjab Govt. Gaz., dt. 25-8-1961, Pt. I, p.
2742.
273.
Ins. by G.S.R. 279/CA/11/48/S 27/And/62, dt. 27-11-1962, published in Punjab Govt. Gaz., dt. 7-12-1962, Pt. III,
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p. 881.
274.
Ibid., p. 883.
275.
Ins. by S.O. 289/CA/11/48/S-27/64, dt. 28-7-1964, published in Punjab Govt. Gaz., dt. 7-8-1964, Pt. III, p. 853.
276.
Vide S.O. 240-12-CA/11/48/S-27/63, dt. 31-5-1963, published in Punjab Govt. Gaz., dt. 7-6-1963, Pt. III, p. 465.
277.
Vide Punjab Gaz., dt. 1-10-1965, Pt. III (Legislative Supplement), p. 1105.
278.
Vide Punjab Gaz., dt. 22-10-1965, Pt. III (Legislative Supplement), p. 1177.
279.
Vide Punjab Gaz., dt. 24-12-1965, Pt. III (Legislative Supplement), p. 1329.
280.
Ins. by S.O. 129(a)/C.A./11/48/S.27/66, dt. 22-4-1966, published in Punjab Govt. Gaz., dt. 6-5-1966, Pt. III, p.
378 (b).
281.
Ins. by S.O. 70 C.A. 11/48/S.27/67, dt. 3-10-1967, published in Punjab Govt. Gaz., dt. 6-10-1967, Pt. III, p. 391.
282.
Ins. by S.O. 80/C.A./11/48/S-27/67, dt. 31-10-1967, published in Punjab Govt. Gaz., dt. 3-11-1967, Pt. III, p.
465.
283.
Ins. by S.O. 102/CA XI/48/S-27/68, dt. 23-7-1968, published in Punjab Govt. Gaz., Extra., dt. 3-8-1968, Pt. III, p.
319.
284.
Ins. by S.O. 98/C.A. 11/48/S-27/68, dt. 23-7-1968, published in Punjab Govt. Gaz., dt. 2-8-1968, Pt. III, p. 315.
285.
Ins. by S.O. 129/C.A. 11/48/S-27/68, dt. 15-10-1968, published in Punjab Govt. Gaz., dt. 18-10-1968, p. 401.
286.
Vide Punjab Gaz., dt. 16-7-1971, Pt. III, p. 189.
287.
Ins. by S.O. 48/C.A.11/48/S-27/76 dt. 5-10-1976, published in Punjab Govt. Gaz., Extra., dt. Oct. 6, 1976, Pt. III,
p. 635 as corrected by Corrigendum dt. 7-11-1977, published in Punjab Govt. Gaz., Extra., dt. 7-11-1977, Pt. III, p.
689.
288.
Ins. by S.O. 69/C.A.11/48/S.27/77, dt. 7-11-1977, published in ibid., p. 687.
289.
Ins. by S.O. 15/CA 11/48/S-27/78, dt. 5-4-1978, published in Punjab Govt. Gaz., Extra., dt. 5-4-1978, Pt. III, p.
175.
290.
Vide Punjab Gaz., Extra., dt. 23-9-1980, p. 383.
291.
Vide Punjab Gaz., Extra., dt. 28-8-1981, p. 403.
292.
Ins. by S.O. 56/C.A. 11/48/S.27/83, dt. 16-9-1983, published in Punjab Govt. Gaz. No. 38, dt. 23-9-1993, Pt. III,
p. 449.
293.
Vide Rajasthan Gaz., dt. 16-11-1961. Pt. 3-Kha, p. 71.
294.
Vide Rajasthan Gaz., Extra., dt. 14-10-1965, Pt. 4 (Ga), p. 410 (7).
295.
Vide Rajasthan Gaz., Extra., dt. 12-10-1965, Pt. 4 (Ga), p. 410.
296.
Ins. by S.O. 51, dt. 25-3-1969, published in Rajasthan Gaz., Extra., dt. 25-3-1969, Pt. IV (Gha)(II).
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297.
Vide Rajasthan Gaz., Extra., dt. 12-2-1970, Pt. 4 (Ga)(I), p. 309.
298.
Ins. by S.O. 379(78), dt. 9.3.1973 published in Raj. Gaz., dt. April 15, 1973, Pt. 4(Gha), p. 269(115).
299.
Vide Fort St. George Gaz., dt. 2-12-1959, Pt. I, p. 1759.
300.
G.O.Ms. No. 660 Industries, Labour and Co-operation (Labour), dt. 5-2-1964 published in Fort St. George Gaz., dt.
26-2-1964, Pt. II, Sec. I, p. 342.
301.
Vide Fort St. George Gaz., dt. 5-8-1964, Pt. II, S. 1, p. 1393.
302.
Vide Fort St. George Gaz., dt. 20-10-1965, Pt. II, S. 1, p. 2046.
303.
Vide Fort St. George Gaz., dt. 1-12-1965, Pt. II, S. 1, p. 2353.
304.
Vide Fort St. George Gaz., dt. 14-6-1967, Pt. II, S. 1, p. 1123.
305.
Vide Fort St. George Gaz., dt. 17-1-1968, Pt. II, S. 1, p. 89.
306.
Vide T.N. Gaz., dt. 1-9-1971, Pt. II, S. 1, p. 800.
307.
Ins. by G.O.Ms. No. 1314, Labour and Employment, dt. 25-10-1972 published in T.N. Govt. Gaz., dt. 22-11-1972,
Pt. II, Sec. 1, p. 961.
308.
Ins. by G.O.Ms. No. 201, Labour and Employment, dt. 25-3-1974 published in T.N. Govt. Gaz., dt. 17-4-1974, Pt.
II, S. 2, p. 216.
309.
Ins. by G.O.Ms. No. 57, Labour and Employment, dt. 27-1-1975, published in T.N. Govt. Gaz., dt. 12-2-1975, Pt.
II, S. 2, p. 68.
310.
Ins. by G.O.Ms. No. 655, Labour & Employment, dt. 14-7-1976, published in T.N. Govt. Gaz., dt. 4-8-1976, Pt. II,
S. 2, p. 451.
311.
Ins. by G.O.Ms. No. 1107, Labour and Employment, dt. 28-12-1976, published in T.N. Govt. Gaz., dt. 12-1-1977,
Pt. II, S. 2, p. 24.
312.
Ins. by G.O.Ms. No. 356, Labour and Employment, dt. 5-5-1977, published in T.N. Govt. Gaz., dt. 8-6-1977, Pt. II,
S. 2, p. 320.
313.
Ins. by G.O.R. No. 566, dt. 4-8-1977, published in T.N. Govt. Gaz., dt. 31-8-1977, Pt. II, S. 2, p. 483.
314.
Ins. by G.O.Ms. No. 1484, Labour and Employment (No. II(2)/LE/6767/78), dt. 25-11-1978, published in T.N. Govt.
Gaz., dt. 20-12-1978, Pt. II, S. 2, p. 709 and amended by G.O.Ms. No. 997, Labour, dt. 8-5-1984, published in T.N.
Govt. Gaz., dt. 6-6-1984, Pt. II, S. 2, p. 492.
315.
Ins. by G.O.Ms. No. 1561, Labour and Employment (No. II(2)/LE/6911/78), dt. 8-12-1978, published in T.N. Govt.
Gaz., dt. 27-12-1978, Pt. II, S. 2, p. 726.
316.
Ins. by G.O.Ms. No. 1376, Labour and Employment, dt. 22-8-1979, published in T.N. Govt. Gaz., dt. 12-9-1979, Pt.
II, S. 2, p. 522.
317.
Ins. by G.O.Ms. No. 1443, Labour and Employment, dt. 21-6-1983, published in T.N. Govt. Gaz., dt. 1-7-1983, Pt.
II, S. 2, p. 555.
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318.
Ins. by G.O.Ms. No. 227, Labour, dt. 21-1-1984, published in T.N. Govt. Gaz., dt. 8-2-1984, Pt. II, S. 2, p. 155.
319.
Ins. by G.O.Ms. No. 1537, Labour, dt. 26-7-1985, published in T.N. Govt. Gaz., dt. 28-8-1985, Pt. II, S. 2, p. 665.
320.
Ins. by G.O.Ms. No. 2545, Labour, dt. 25-1-1986, published in T.N. Govt. Gaz., dt. 24-12-1986, Pt. II, S. 2, p.
933.
321.
Ins. by G.O.Ms. No. 2546, Labour, dt. 25-11-1986, published in ibid.
322.
Ins. by G.O.Ms. No. 2672, dt. 17-12-1986, published in T.N. Govt. Gaz., dt. 28-1-1987, Pt. II, S. 2, p. 56.
323.
Ins. by G.O.Ms. No. 8, Labour, dt. 5-1-1987, published in T.N. Govt. Gaz., dt. 4-2-1987, Pt. II, S. 2, p. 77.
324.
Ins. by G.O.Ms. No. 90, Labour, dt. 19-1-1987, published in ibid.
325.
Ins. by G.O.Ms. No. 508, Labour, dt. 12-3-1987, published in T.N. Govt. Gaz., dt. 8-4-1987, Pt. II, S. 2, p. 214.
326.
Ins. by G.O.Ms. No. 1300, Labour, dt. 26-6-1987, published in T.N. Govt. Gaz., dt. 15-7-1987, Pt. II, S. 2, p. 508.
327.
Ins. by G.O.Ms. No. 193, Labour, dt. 2-3-1988, published in T.N. Govt. Gaz., dt. 6-4-1988, Pt. II, S. 2, p. 235.
328.
Ins. by G.O.Ms. No. 405, Labour, dt. 15-3-1988, published in ibid.
329.
Ins. by G.O.Ms. No. 407, Labour, dt. 15-3-1988, published in ibid.
330.
Ins. by G.O.Ms. No. 700, Labour, dt. 14-4-1988, published in T.N. Govt. Gaz., dt. 4-5-1988, Pt. II, S. 2, p. 338.
331.
Ins. by G.O.Ms. No. 701, Labour, dt. 14-4-1988, published in ibid.
332.
Ins. by G.O. (2D) No. 38, L&E, dt. 25-7-1996, published in T.N. Govt. Gaz. dt. 4-9-1996, Pt. II, S. 2, p. 592.
333.
Vide Tripura Gaz., Extra., dt. 6-10-1980, Pt. I, p. 1.
334.
Vide Tripura Gaz., Extra., dt. 17-12-1983, Pt. I, p. 4.
335.
Vide U.P. Gaz., dt. 24-8-1963, Pt. I-A, p. 2342.
336.
Vide U.P. Gaz., dt. 20-11-1965, Pt. I (Ka), p. 3473.
337.
Vide U.P. Gaz., dt. 31-8-1968, Pt. I, p. 3685.
338.
Vide U.P. Gaz., dt. 19-10-1968, Pt. I, p. 5405.
339.
Ins. w.e.f. 7-8-1971 by Noti. No. 5687(TD)/XXXVI-5-1042(TD)-71, dt. 9-12-1971, published in U.P. Gaz., dt. 18-
12-1971, Pt. I, p. 7124.
340.
Ins. w.e.f. 8-12-1971 by Noti. No. 1182(V)/XXXVI-5-1005 (TD)-70, dt. 26-4-1972, published in U.P. Gaz., dt. 20-
5-1972, Pt. I, p. 2725.
341.
Ins. by Noti. No. 2692(V)/XXXVI-5-1017(TD)-69, dt. 6-2-1975, published in U.P. Gaz., dt. 15-2-1975, Pt. 1, p.
431.
342.
Ins. by Noti. No. 1360(V)/XXXVI-5-1020(MW)-74, dt. 9-5-1975, published in U.P. Gaz., dt. 31-5-1975, Pt. I p.
1357.
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343.
Ins. w.e.f. January 12, 1976 by Noti No. 261(V)/XXXVI-5-1049(V)-72, dt. 12-1-1976, published in U.P. Gaz.,
Extra., dt. 12-1-1976.
344.
Ins. by Noti. No. 1013(V)/XXXVI-5-1049(V)-72, dt. 23-4-1976, published in U.P. Gaz., Extra., dt. 23-4-1976.
345.
These entries 48 to 63 are indicated in the notice of intention and rates for these have been notified—See U.P.
Govt. Gaz., 18-8-1983, Pt. 4 (Kha), Ext., p. 2 (No. 317.)
346.
Vide U.P. Gaz., Extra., dt. 11-10-2006, Pt. 4, p. 2.
347.
Vide Noti. No. 07/2015/425/XXXVI-3-2015-931(M.W.)-06, dt. 6-4-2015.
348.
Vide Noti. No. 04/2016/464/XXXVI-03-2016-931(M.W.)-06, dt. 6-4-2016.
349.
Ins. by Noti. No. 5379, dt. 22-11-1961, published in Calcutta Gaz., dt. 7-12-1961, Pt. I, p. 4087.
350.
Ins. by Noti. No. 5468 LW/LW/2W-25/61, dt. 24-11-1961, published in Calcutta Gaz., dt. 7-12-1961, Pt. I, p.
4087.
351.
Vide Calcutta Gaz., Extra., dt. 25-2-1966, Pt. I, p. 751.
352.
Vide Calcutta Gaz., Extra., dt. 18-6-1982, Pt. I, p. 976.
353.
Vide Calcutta Gaz., dt. 20-6-1968, Pt. I, p. 1297.
354.
Vide Calcutta Gaz., dt. 4-7-1968, Pt. I, p. 1397.
355.
Ins. by Noti. No. 587-LW/LW/3B-16/69, dt. 11-5-1970, published in Calcutta Gaz., dt. 25-6-1970, Pt. I, p. 1260.
356.
Ins. by Noti. No. 3881-LW/LW/2W-46/73, dt. 20-11-1973, published in Calcutta Gaz., dt. 3-1-1974, Pt. I, p. 204.
357.
Ins. by Noti. No. 7349 LW/LW/2W-7/73, dt. 14-12-1974, published in Calcutta Gaz., dt. 6-3-1975, Pt. I, p. 418.
358.
Vide Calcutta Gaz., dt. 14-6-1973, Pt. I, p. 418.
359.
Ins. by Noti. No. 683 LW, dt. 2-5-1975, published in Calcutta Gaz., dt. 17-7-1975, Pt. I, p. 1285.
360.
Ins. by Noti. No. 6457 LW/LW/2W-40/73, dt. 27-8-1975, published in Calcutta Gaz., dt. 30-10-1975, Pt. I, p.
2035.
361.
Ins. by Noti. No. 6414 LW/LW/2W-11/72, dt. 25-8-1975, published in Calcutta Gaz., dt. 23-10-1975, Pt. I, p.
1998.
362.
Ins. by Noti. No. 1113 LW/LW/2W-23/78, dt. 13-7-1978, published in Calcutta Gaz., dt. 25-1-1979, Pt. I, p. 193.
363.
Ins. by Noti. No. 1591/LW/LW/2W-26/78, dt. 21-8-1979, published in Calcutta Gaz., Extra., dt. 31-8-1979, Pt. I,
p. 1671.
364.
Vide Calcutta Gaz., Extra., dt. 7-9-1979, p. 1970.
365.
Vide Calcutta Gaz., Extra., dt. 27-4-1979, Pt. I, p. 915.
366.
Vide Calcutta Gaz., Extra., dt. 14-12-1980, Pt. I, p. 261.
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367.
Vide Calcutta Gaz., Extra., dt. 8-6-1982, Pt. I, p. 894.
368.
Noti. No. KH-SH-174-MWA-3168/76180-T, dt. 5-3-1969, published in Guj. Govt. Gaz., dt. 6-3-1969, Pt. I-L, p.
1216.
369.
Vide G.O.Ms. No. 1403, Labour, dt. 26-6-1984, published in T.N. Govt. Gaz., dt. 25-7-1984, Pt. II, S. 2, p. 636.
370.
Vide G.O.Ms. No. 505, Labour and Employment, dt. 27-5-1978, published in T.N. Govt. Gaz., dt. 14-6-1978, Pt. II,
S. 2, pp. 330-31.
371.
Vide M.P. Gaz., dt. 15-5-1964, Pt. I, p. 970.
372.
Vide M.P. Gaz., dt. 3-6-1966, Pt. I, p. 864.
373.
Vide Assam Gaz., dt. 2-2-1977, Pt. II-A, p. 430.
374.
Vide Mah. Gaz., dt. 30-10-1980, Pt. I-L, p. 9023.
375.
Vide T.N. Gaz., dt. 24-9-1980, Pt. II, S. 2, p. 711.
376.
Ins. by G.O. Ms. No. 37, Labour and Employment (J2), dt. 21-4-1998.
377.
Ins. w.e.f. 12-1-1976 by Noti No. 261(V)/XXXVI-5-1049(V)-72, dt. 12-1-1976, published in U.P. Gaz., Extra., dt.
12-1-1976.
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