applicability of the act

8/4/2019 Applicability of the Act

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Presentation

onMinimum Wages Act, 1948

Presented by:

Jeenal Anam

Roll No. 7


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Applicable to whole India.

Central government of 1948 and the rules made there will be applicable

and the directions given in the act should be followed.

As per the Central Government Act , the state government have been

empowered to add schedules to give directions.


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ADULTmeans a person who has completed his 18th year of age.

ADOLESCENT- means a person who has completed his 14th year of age a

but not completed his 18th year.

EMPLOYEE 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.

APPROPRIATE GOVERNMENT- in relation to any scheduled

employment carried on by or under the authority of the Central

Government or a railway administration, or in relation to a mine, oilfield or

major port, or any corporation established by a Central Act.


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COST OF LIVING INDEX 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.

WAGES means all remuneration, capable of being expressed in terms of

money, which would, if the terms of contract of employment, express or

implied, were fulfilled, be payable to a person employed in respect of his

employment or work done in such employment and it includes house rentallowance.


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Any employment specified in Part I and Part II of the schedule

provided in minimum wages act.

PartI :- specifies certain types of industries.

Part II :- deals with the persons working in Agriculture , Horticulture and

Live stock or Poultry.


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Employment in any woollen carpet making or shawl weaving

establishment.

Employment in any rice mill , flour mill , or dal mill.

Employment in any tobacco manufactory.

Employment in any plantation , that is to say , any estate which is

maintained for the purpose of growing cinchona , rubber , tea or coffee.

Employment in any oil mill.

Employment under any local authority.

Employment on the construction or maintenance of roads or in building

operations. Employment in stone-breaking or stone-crushing.

Employment in any lac manufactory.

Employment in any public motor transport.


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Employment in magnesite mines covered under the Mines Act , 1952.

Employment in white clay mines.

Employment in steatite.

Employment in ochre mines.

Employment in asbestos mines. Employment in fire clay mines.

Employment in chromite mines.

Employment in quartizite mines.

Employment in quartz mines.

Employment in silica mines.

Employment in graphite mines.

Employment in felspar mines.


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Employment in laterite mines.

Employment in dolomite mines.

Employment in redoxide mines.

Employment in wolfram mines.

Employment in iron ore mines. Employment in granite mines.

Employment in rock phosphate mines.

Employment in hematite mines.

Employment in marble and calcite mines.


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Employment in any mica works.

Employment in tanneries and leather manufactory.

Employment in gypsum mines.

Employment in barytes mines.

Employment in bauxite mines. Employment in manganese mines.

Employment in the maintenance of buildings and employment in the

construction and maintenance or runways.

Employment in china clay mines.

Employment in kyanite mines. Employment in copper mines.

Employment in clay mines covered under the Mines Act , 1952.


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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 ).


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MINIMUM TIME RATE The minimum wages paid for time work.

MINIMUM PIECE RATE The minimum wages paid for piece work.

GUARANTEED TIME RATE Those employed under the scheme ofpiece work but , guaranteed will be on the basis of time.

OVERTIME RATE Time rate of piece rate will apply were the employee

has worked overtime over and above his normal working hours.


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MINIMUM RATE OF WAGES WILL BE FIXED FOR

1. Different scheduled employments.

2. Different classes of work in the same scheduled employment.

3. Adults , adolescents , children and apprentices ; and

4. Different localities.

WAGES PERIODS FIXED UNDER MINIMUM RATE OF WAGES

1. By the hour.

2. By the day.

3. By the month , or

4. By such other larger wage-period as may be prescribed.


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Committees and sub-committees appointed by the appropriate authoritywill hold enquiries, collect information and will submit the proposal for

revision of minimum wages to the appropriate authority.

The appropriate authority after perusing the proposal will publish its

decision by notification in the official gazette and the specific date from

which the revised wages has to be paid.

The specific date should not be less than 2 months from the date of

notification.


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ADVISORY BOARD (SEC. 7) - An advisory board will be appointed bythe appropriate government for cordinating the work of committees and

sub-committees and also the advisory board will provide its valuable

suggestions and recommendations to the appropriate government.

CENTRAL ADVISORY BOARD (SEC. 8) The central advisory board

consisting of the persons nominated by the central government

representing employers and employees in the scheduled employments who

shall be equal in numbers. The central government will nominate

independent persons 1/3rd of the total number of members. Theindependent person will be the Chairman of the Board.


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Minimum wages shall be paid in cash [ Sec. 11(1) ].

Where it is customary that, minimum wages has to be paid partly in cash

and partly in kind or wholly in kind , in those circumstances the

appropriate government by issuing a notification in the official gazette will

authorize for payments of wages in kind [Sec. 11(2) ].

The appropriate government may also by notification in the official gazette

authorize the provision of the supply of essential commodities at

concessional rates [Sec. 11(3) ].


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Where in respect of any scheduled employment minimum wages have beenfixed , the employer shall pay to every employee wages at a rate not less

than the minimum rate of wages fixed for that class of employees in the

employment . Such wages shall be paid without any deductions except as

may be authorized. Where the contract rate of wages is higher, the statutory

obligation does not come into play [ Sec. 12(1) ] .


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In regard to any scheduled employment where minimum rates of wageshave been fixed , the appropriate government may-

1. Fix the number if hours of work which constitutes a normal working day ,

inclusive of one or more specified intervals .

2. Provide for a day of rest in every period of 7 days and the payment of

remuneration in respect of such day of rest .

3. Provide for payment for work on a day of rest at a rate not less than theovertime rate [ Sec. 13(1) ] .


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The normal working hours need not be adhered in the following cases-

1. Where the persons were employed to meet emergency or urgent work.

2.

Whose employment is dependent on natural factors.

3. Employees those who have not completed their duty in time for technical

reasons.

4. Where the nature of duties has to be necessary carried out beyond normalworking hours.


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Where an employee , whose minimum rate of wages is fixed under thisAct, by the hour , by the day or by such a longer wage- period as may be

prescribed , works overtime , the employer shall pay him for every hour or

for part of an hour so worked in excess , wages at the rates fixed for

overtime work under the Act or under any law appropriate government in

force , whichever is higher [ Sec. 14(1) ] .


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Where an employee worked on any day less than the normal working hoursdue to the fact that , employer could not provide the activities of the job

then , the employee is entitled to receive full salary.

Where an employee worked on any day less than the normal working hours

due to the fact that, employee has not worked due to his unwillingness

then, the employee is not entitled to receive full salary.


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WAGES FOR TWO OR MORE CLASSES OF WORK (SEC. 16)- Wherean employee does two or more classes of work to each of 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.

MINIMUM TIME RATE WAGES FOR PIECE WORK ( SEC. 17)- Where

an employee is employed on piece work for which minimum time rate and

not a minimum piece rate has been fixed under the act , the employer shall

pay to such employee wages at not less than the minimum time rate.


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Employer should maintain a register of employees containing the detailssuch as the name, address , fathers name, age, gender, the work performed,

the wages paid to them.

The other registers to be maintained are :-

1. Register of fines.

2. Register of deductions for damage/ loss caused to the employer, by the

neglect / default of the employed persons.

3. Overtime register of workers.

4. Muster-roll.

The register shall be preserved for a period of 3 years after the date of last

entry made therein.


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The appropriate government through notification in the official gazetteappoint inspectors and also define the local limits for such inspectors.

The inspectors have right to enter the premises of employees at all

reasonable hours and have right to verify all the records as required to be

maintained by law.

The inspectors have right to examine any persons they find in the premises.

Inspectors have right to enquire about the work given to workers and have

right to get information from the employers about the payment of wages,

etc.

The inspectors have right to cease or take copies of registers maintained by

the employer in case , the Inspector feel that the employee has committed

any mistake.

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