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Minimum wages act

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Text of Minimum wages act

1. THE MINIMUM WAGES ACT 1948 The act empowers the appropriate government for fixation of minimum wages in employments enumerated in the schedule of the act The fixation of minimum of wages relates to the industries where sweated labour is most prevalent or where there is inevitable chance of exploitation 2. APPLICABLITY OF THE ACT Applicable to whole India Central government Act of 1948 and rules made there will be applicable and the directions given in the Act should be followed. As per the Central Government Act, the State Governments have been empowered to add schedules or to give directions 3. SALIENT FEATURES The act requires that wages shall be paid in cash. The act provides the fixation of minimum time rate, piece rate, overtime rate, etc of wages. The act empowers the appropriate government to fix the number of hours of work per day , to provide for a weekly holiday The establishments recovered by this act are required to maintain registers and records in the prescribed manner 4. The provision is also made in the Act for dealing with complaints made for violation of the provisions of the Act and for imposing penalties for offences committed under the Act It lays down that the cost of living allowances and the cash of essential commodities at concessional rates shall be computed by the Union Territories 5. OBJECTIVES OF THE ACT To provide minimum wages to the workers working in organized sector To stop exploitation of the workers To empower the Government to take steps for fixing minimum wages and to revising it in a timely manner To apply this law on most of the sections in organized sectors 6. WHO ARE ELIGIBLE ? Permanent employees Contract employees casual employees People on probation get fixed pay instead of minimum wages Trainees get stipend and not minimum wages 7. DEFINITIONS Employer sec 2 (e):- The owner or the occupier of the factory. The legal representative of a deceased owner . The person who has the ultimate control over the affairs of the establishment . Scheduled employment sec 2 (g):- it means an employment specified in the schedule. 8. DEFINITIONS Cost of living index number sec 2(d):- in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed means the index number ascertained & declared by the competent authority by notification I the official gazette to be the cost of living index number applicable to employees in such employment 9. SEC 3 FIXATION OF MINIMUM RATES OF WAGES Appropriate government shall be empowered to fix the minimum rates of wages It shall fix the minimum rates of wages payable to employees Appropriate government shall review the minimum rates of wages to fix & revise the minimum rates ,if necessary ,at such intervals as it may think fit. 10. ADVISORY BOARD SEC 7 CENTRAL ADVISORY BOARD SEC 8 Appropriate government appoint an advisory board for:- co-ordinating the work committees & sub- committees advising the in the matter of fixing & revising minimum rates of wages Besides the advisory board may devise the procedure to be adopted for discharging its functions Central government appoint a central advisory board for:- advising the central & state government in the matters fixation & revision of minimum rates of wages The chairman of the central board shall be one of the independent persons and shall be appointed by the central government 11. OFFENCE Any employer who had violated the provisions of the Act will be treated as he had made an offence and Rs.500 fine will be collected from the employer. No courts shall take any case directly The appropriate authority will pass orders for any claims made by employee against employer