Minimum Wages Act 1948

SUKHDEV KUMAR
MSW
Dr.B.R.Ambedkar University
AGRA UP INDIA

1. Presented by Sukhdev kumar Msw iii sem. Roll no. 35 MINIMUM WAGES ACT 1948

2. INTRODUCTION This act enforceable date 15 march 1948 after freedom of India. This act extends to whole of India (including Jammu & Kashmir) The minimum wages act 1948 is the first legislation in the India dealing with the fixation of minimum rates of wages foe scheduled employment.

3. Objective of this Act The main aim of this act to provide minimum wages to the worker. To stop exploitation of the worker. To apply this law on most of the sectors in organised sector (scheduled employment).

4. Eligibility Permanent employment. Casual worker. Trainees get stipend and not minimum wages. Contract employees . People on probation get fixed pay instead of minimum wages.

5. Appropriate government Central government :- For all scheduled employment carried on by or under the authority of central government for example – Railway, Mines, Oil fields, Major ports or corporation established by central government. State government:- F or all other scheduled employment.

6. Employer:- any person who employs another person (either directly or through another person) on his behalf or behalf of another person. One or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this act. Definitions

7. Continue... Factory:- Manager of factory will be responsible for minimum wages.[manager as per factory act 1948]. Government SG/CG:- Central government/State government appointed person for supervision and control of employees then head of the department will be responsible foe minimum wages. Local authority:- Any person appointed such authority for the supervision and control of employees or where not any person is so appointed then CEO of the local authority will be responsible for minimum wages.

8. Continue... In any other case:- Person who has given power by the owner to supervision and control the payment of wages to employee.

9. Employee Any person who is employed for higher or reward to do any work skilled or unskilled, manual or clerical work as per terms (express/implied) and it includes and out workers employed for washing, cleaning, altering or repairing, finishing or ornament etc for trade or business either at his home or at a place not related to employer. The term employee, does not include any member of the armed forces of union.

10. Wages Wages means all remuneration capable of being expressed in terms of money which is payable after the fulfilments of terms of employment whether expressed or implied and includes house rent allounce but wages does not include- Any house accommodation, light supply, water supply, medical attendance etc.

11. Continue... Provident fund contribution by employers. Travelling allounce. Gratuity payable on discharge. Any amount defray special expenses due to nature of job. Any amount specified by appropriate government.

12. Fixation of minimum rates of wages Appropriate government shall fix the minimum rates of wages. The employees employed under part- I or part- II of the schedule. The rates to be fixed need not be uniform. Different rates can be fixed for different zones/localities. Appropriate government may not fix the minimum rates of wages for a scheduled employment if number of workers employed in that scheduled employment within the state are less then 1000 worker.

13. Revision of MRW AG a review and revise MRW at such intervals not exceeding five years, the MRW so fixed and revise the minimum rates if necessary . Different minimum wages may be fixed:- Different scheduled employment. Different classes of work in the same scheduled employed. Adults, Adolescent, children and apprentices. Different localities.

14. Procedure for fixing and revising minimum wages AG can follow either of the two methods- Committee method:- AG appoint any committee and sub-committee to advise. After considering the AG publish notification in the official gazette to fix revise the MRW. The wage rates shall come into force from such date. If no date is specified the expiry of three months from the date of the issue of the notification.

15. Continue... Notification method:- AG publish its proposal in the official gazette for the information of person likely to be affected and specify a date not less then two months from the date of notification on which the proposal will be taken into consideration. The representation received will be considered by the AG. It will also consult the advisory board and thereafter fix or revise the minimum rates of wages by notification in the official gazette.

16. Minimum wages- whether to be paid in cash or kind Minimum wages payable under this act shall be paid in cash. But where it has been the custom to be pay wages wholly or partly in kind, the AG on being satisfied, ay approve and authorize such payment.

17. Offences and penalties Any employer who pays to any employee less then the MRW fixed for that employee's class of work or less then the amount due to him under the provisions of this act shall be punishable with imprisonment or a term which may extend to 6 months or with fine which may extend to 500 rupees or with both.