The Minimum Wages Act, 1948
(11 OF 1948)
16/753
[15th March, 1948]
An Act to provide for fixing minimum rates of wages in certain employments.
Whereas it is expedient to provide for fixing minimum rates of wages in certain employments;
It is hereby enacted as follows:-
LEGISLATIVE HISTORY ▼ |
FACT SHEET ▼ |
1. Short title and extent .-(1) This Act may be called The Minimum Wages Act, 1948.
(2) It extends to [the whole of India ][* * *].
Object & Reasons▼ |
2. Interpretation .-In this Act, unless there is anything repugnant in the subject or context,-
[(a) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;
(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 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], the Central Government, and
(ii) in relation to any other scheduled employment, the [State Government];
[(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 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 done in such employment [and includes house rent allowance], but does not 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 Forces of the [Union].
3. Fixing of minimum rates of wages .- [(1) The appropriate Government shall, in the manner hereinafter provided,-]
Provided that the appropriate Government may, in respect of employees employed in an employment specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment in the whole State or part thereof;]
[Provided that where for any reason the appropriate Government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force.]
[(1-A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole State less than one thousand employees engaged in such employment, but if at any time, ][* * *][the appropriate Government comes to a finding after such inquiry, as it may make or cause to be made in this behalf, that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment ][as soon as may be after such finding].
(2) The appropriate Government may fix,-
(a) a minimum rate of wages for time work (hereinafter referred to as “a minimum time rate”);
(b) a minimum rate of wages for piece work (hereinafter referred to as “a minimum piece rate”);
(c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter referred to as “a guaranteed time rate”);
(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees (hereinafter referred to as “overtime rate”).
(a) different minimum rates of wages may be fixed for-
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
(iv) different localities;
[(b) minimum rates of wages may be fixed by any one or more of the following wage-periods, namely:-
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage-period as may be prescribed, and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated:]
Provided that where any wage-periods have been fixed under section 4 of the Payment of Wages Act, 1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.
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.
[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
(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.]
6. Advisory committees and sub-committees .-[ Repealed by the Minimum Wages (Amendment) Act, 1957 (30 of 1957), section 5 (w.e.f. 17-9-1957).]
7. Advisory Board .-For the purpose of co-ordinating the work of [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.
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 co-ordinating 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 .-Each of the committees, sub-committees, [* * *] 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.
[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, by notification in the Official Gazette, authorise the provision of such supplies at concessional rates.
(4) The cash value of wages in kind and of concessions 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 ▼ |
12. Payment of minimum rates of wages .-(1) Where in respect of any scheduled 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).
13. Fixing hours for a normal working day, etc .- [(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-
(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 days of rest;
(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.
(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 either physical activity or sustained attention.]
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.
(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.
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.
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.
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 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.
19. Inspectors .-(1) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspector 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 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 giving 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;
(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 Indian Penal Code (45 of 1860).
[(4) Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860).]
20. Claims .-(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 for 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 to be the Authority to hear and decide for any specified area 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 employees employed or paid in that area.
(2) [Where an employee has any claim of the nature referred to in sub-section (1)], the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector, or any person acting with the permission of the Authority appointed under sub-section (1), may apply to such Authority for a direction under sub-section (3):
Provided that every such application shall be presented within six months from the date on which the minimum wages [or other amount] became payable:
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.
[(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)].
21. Single application in respect of a number of employees .-(1) Subject to such rules as may be prescribed, a single application may be presented under section 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under sub-section (3) of section 20 shall not exceed ten times the aggregate amount of such excess or ten rupees per head, as the case may be.
(2) The Authority may deal with any number of separate pending applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under sub-section (1) of this section and the provisions of that sub-section shall apply accordingly.
22. Penalties for certain offences .-Any employer who-
(a) pays to any employee less than the minimum rates of wages fixed for that employee’s class of work, or less than the amount due to him under the provisions 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.
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.
22-B. Cognizance of offences .-(1) No Court shall take cognizance of a complaint against any person for an offence-
(a) under clause (a) of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate Government or an officer authorised by it in this behalf has sanctioned the making of the complaint;
(b) under clause (b) of section 22 or under section 22-A, except on a complaint made by, or with the sanction of, an Inspector.
(2) No Court shall take cognizance of an offence-
(a) under clause (a) or clause (b) of section 22, unless complaint thereof is made within one month of the grant of sanction under this section;
(b) under section 22-A, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.
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.
22-D. Payment of undisbursed amounts due to employees .-All amounts payable by an employer to an employee as the amount of minimum wages of the employee under this Act or otherwise due to the employee under this Act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.
22-E. Protection against attachment of assets of employer with Government .-Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government and any other amount due to such employer from that Government in respect of such contract shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid.
22-F. Application of Payment of Wages Act, 1936, to scheduled employments .-(1) Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936), the appropriate Government may, by notification in the Official Gazette, direct that, subject to the provisions of sub-section (2), all or any of the provisions of the said Act shall, with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification.
(2) Where all or any of the provisions of the said Act are applied to wages payable to employees in any scheduled employment under sub-section (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction.
23. Exemption of employer from liability in certain cases .-Where an employer is charged with an offence against this Act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court-
(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the 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.
24. Bar of suits .-No Court shall entertain any suit for the recovery of wages insofar 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.
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 insofar 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 [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.
[(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, ][or to any establishment or a part of any establishment in a scheduled employment][, it is not 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 include his or her spouse or child or parent or brother or sister.
27. Power of State Government to add to Schedule .-The appropriate Government, after giving by notification in the Official Gazette not less than three months’ notice of its intention so to do, may, by like notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act, and thereupon the Schedule shall in its application to the [State] be deemed to be amended accordingly.
28. Power of the Central Government to give directions .-The Central Government may give directions to a [State Government] as to the carrying into execution of this Act in 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 of the committees, sub-committees, [* * *]
and the Advisory Board;
(b) prescribe the method of summoning witnesses, production of documents relevant 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 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 circumstances 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.
[30-A. Rules made by the Central Government to be laid before Parliament .- ][(1)][Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
[31. Validation of fixation of certain minimum rates of wages .-Where during the period-
(a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or
(b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or
(c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961), minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages (Amendment) Act, 1957 (30 of 1957), or the Minimum Wages (Amendment) Act, 1961 (31 of 1961), as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any Court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed:
Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.]
THE SCHEDULE
(See sections 2(g) and 27)
PART I
1. Employment in any woollen carpet making or shawl weaving establishment.
2. Employment in any rice mill, flour mill or dal mill.
3. Employment in any tobacco (including bidi making) manufactory.
4. Employment in any plantation, that is to say, any estate which is maintained for the purpose of growing cinchona, rubber, tea or coffee.
5. Employment in any oil mill.
6. Employment under any local authority.
[7. Employment on the construction or maintenance of roads or in building operations.]
8. Employment in stone breaking or stone crushing.
9. Employment in any lac manu factory.
10. Employment in any mica works.
11. Employment in public motor transport.
12. Employment in tanneries and leather manufactory.
[(a) Employment in gypsum mines.]
(b) Employment in barytes mines.
(c) Employment in bauxite mines.]
[Employment in manganese mines.]
[(a) Employment in China clay mines.
(b) Employment in Kyanite mines.]
[(c) Employment in copper mines.]
[Employment in clay mines covered under the Mines Act, 1952 (35 of 1952).]
[Employment in magnesite mines covered under the Mines Act, 1952 (35 of 1952).]
[Employment in white clay mines.]
[Employment in steatite mines (including the mines producing seapstone and talc) covers under the Mines Act, 1952 (35 of 1952).]
[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.]
[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 loading and unloading in-(i) railway’s and goods sheds (ii) docks and ports.]
[Employment in ashpit cleaning in railways.]
[Employment in marble and calcite mines.]
[Employment in uranium mines.]
Employment in mica mines.
Employment in lignite mines.
Employment in gravel mines.
Employment in slate mines.
Employment in laying of underground cables, electric lines, water supply lines and sewer a pipe lines.
[Employment of Watch and Ward.]
[Employment of Sweeping and cleaning excluding activities prohibited under the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.]
*State Amendments-[Andhra Pradesh].-1. Employment in any cinemas.
2. Employment in any hotel or restaurants or touring establishments.
3. Employment in any hotels and restaurants or eating houses.
16. Employment in salt-pans.
17. Employment in printing presses, including litho and offset printing.
18. Employment in metal foundries and general engineering.
19. Employment in automobile engineering workshops (including servicing and repairing).
20. Employment in toddy selling including tapping and conveyance.
20-A. Employment in woodworking establishments including wooden furniture works and excluding timber operations.
21. Employment in any Marketing Societies, Consumer Co-operative Societies and Co-operative Banks.
22. Employment in any handloom weaving establishments.
23. Employment in any cotton carpet weaving establishments.
24. Employment in any cotton and ginning pressing factories.
25. Employment in any shop.
26. Employment in cashew processing establishments.
27. Employment in any motion picture industry including production, distribution and publicity.
28. Employment in any Newspaper Establishments excluding Working Journalist as defined under section 2 of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1956.
29. Employment in khandsari factories.
Employment in mica works.
30. Employment in paper and paper board manufactory including hand made paper.
31. Employment in power loom industry.
32. Employment in tile industry and potteries.
33. Employment in clubs and canteens.
34. Employment in baking process including biscuit manufactory.
35. Employment in any cement concrete pipes and other cementware manufactory excluding stone-o4are pipe manufacture.
36. Employment in any private motor transport excluding motor cars.
38. Employment in petrol pumps.
Employment in chemicals, pharmaceuticals inclusive of pesticides.
Employment in slate factories.
Employment in construction of projects including dams and multipurpose projects.
Employment in any steel mills and steel re-rolling mills.
Employment in private educational institutions (non-teaching staff).
Employment in gold covering and gold coating industry.
Employment in jute and coir industries.
Employment in hotels of all colleges and all other educational institutions.
Employment in seed processing units.
Employment in any manufacturing process carried out in any factory as defined in section 2(in) or section 85 of the Factories Act, 1948 other than those notified under Part I or Part II of the Schedule of the Minimum Wages Act.
Employment in lime-stone kilns.
Employment in soft drinks and areated water manufactory units.
Employment in private unaided unrecognised educational institution (teaching and non-teaching staff).
Employment in tutorial institutions including coaching and computer centres (teaching and non-teaching staff).
[Assam].-Employment in commercial handling.
Employment in any shop, commercial establishment and establishment for public entertainment or amusement located within limits of any municipality in State of Assam.
Employment in film (production, distribution and exhibition) industry.
Employment in sericulture.
Employment in transportation, marketing and distribution of petroleum products.
Employment in engineering industry including motor garages and workshops.
Employment in cotton textile mill.
Employment in soap making.
Employment in bakery.
Employment in fruit preservation.
Employment in saw mill.
Employment in brick making.
Employment in glass manu factory.
Employment in trunk and bucket manufactory.
Employment in carpentry.
Employment in cement industry.
Employment in paper industry.
Employment in earth cutting, earth removing, earth filling and earth drilling operation.
Employments in chartered/cost accountants, auditors, tax consultancy services.
Employment in food processing.
Employment in cleaner.
Employment in petrol pump.
Employment in oil and gas drilling.
Employment in edible oil.
Employment in agarbatti.
Employment in ready-made garments.
Employment in handicrafts.
Employment in fisheries.
Employment in electricity board.
Employment in rubber processing and rubber manufacturing.
Employment in blacksmith.
Employment in goldsmith.
Employment in tanneries and leather manufacturing.
Employment in minor engineering (workers, helpers and welders).
Employment in L.P.G. distribution.
Employment in biscuit manufacturing.
[Bihar].-13. Employment in printing press.
14. Employment in automobile engineering shops.
15. Employment in dam construction and irrigation works.
16. Employment in brick manufactory.
17. Employment in cinema industry.
18. Employment in cold storage.
19. Employment in hotel, eating houses and restaurants.
20. Employment in silk industry (including manufacture from pure silk, art silk and other staple yarn for substitution).
21. Employment in plucking and processing of kendu leaves.
22. Employment in forestry and timbering.
23. Employment in loading and unloading operations.
24. Employment in shops, selling cooked foodstuff.
25. Employment in glass industry (excluding glass sheet).
26. Employment in refractories, fire-bricks and ceramics industries.
27. Employment in any shop and establishment other than that covered under any of the other entries in this Schedule.
Explanation. -For the purposes of this entry, the expression “shop” and “establishment” shall have the meanings respectively assigned to them in the Bihar Shops and Establishments Act, 1953 (8 of 1954).]
28. Employment in potteries.
29. Employment in dairies and poultry farms.
30. Employment in bakeries and confectioneries.
31. Employment in hair cutting saloons.
32. Employment in manufacture of gold and silver ornaments and articles of artistic design.
33. Employment in powerloom industry.
34. Employment in handloom industry.
35. Employment in private hospitals, nursing homes and clinics.
36. Employment in distilleries.
37. Employment in tailoring industry.
38. Employment in hard coke ovens.
39. Employment in co-operative sector.
40. Employment in aluminium industry.
41. Employment in khandsari industry.
42. Employment in chemical and pharmaceutical industries.
43. Employment in soap manufacturing industries.
44. Employment in cement pre-stressed 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.
5T. Employment in hosieries manu factory.
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.
60. Employment in khadi and village industries.
61. Employment in earth cutting operations.
63. Employment in rubber and rubber compound industry (in which manufacture of tyre and tube is also included).
64. Employment in plastic industry.
65. Employment in biscuit industry.
66. Employment in coal briquette industry.
67. Employment in book binding industry.
68. Employment in dafti, card-board, mill-board, corrugated board, craft-board, straw-board or graft-paper board manu factory.
69. Employment in plywood industry.
70. Employment in electronics industry.
71. Employment in cement hose-pipe, electric pole and railway sleeper manufacturing industry.
72. Employment in electric and other type of bulbs and fluorescent tube manufacturing industry.
73. Employment in foundry industry.
[Chandigarh].-31. Employment in respect of the brick kiln industry.
32. Employment in tube-well industries.
33. Employment in auto repair shops and service stations not attached with any public motor transport company.
36. Employment in asbestos cement and cement concrete products.
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.
41. Employment in private coaching classes, schools including nursery schools and technical institutions.
Note. -See also entries added in Punjab prior to its bifurcation on 31-11-1966 as they continue to hold good in Chandigarh and Haryana as well.
[Delhi].-16. Employment in textile (including hosiery) industry.
17. Employment in fertilizer, chemical industry.
20. Employment in radios (including assembling of radios and parts).
21. Employment in wood-working establishments including sa,v mills.
22. Employment in cement working establishment.
23. Employment in ready-made garments.
24. Employment in ice factories and cold storage.
25. Employment in laundries and laundry services and cleaning and dyeing plants in factories.
26. Employment in
(a) bakery, confectionery and dairy products.
(b) fruit preservation like processing and canning of meat, fruit and vegetables.
(c) natural and synthetic aerated syrups.
(d) fruits juices.
(e) manufacturing of aerated drinks.
27. Employment in all registered factories not covered by the employments at Item Nos. 1 to 26.
28. Employment in hospitals and nursing homes not carried on by Government or a local authority.
29. Employment in private unrecognised teaching institutions.
[Goa, Daman and Diu].-(i) Employment in any residential hotel, restaurant or eating house.
(ii) Employment in any shop or commercial establishment other than a residential hotel, restaurant or eating house.
(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 in carried on.
(iv) Employment in car factories and establishments.
(v) Employment in motor transport undertakings.
(vi) Employment in cinema exhibition industry.
(vii) Employment in automobile repairing workshops and garages.
(viii) Employment in saw mills.
(ix) Employment in processing and canning of foodstuffs including fish beverages.
(x) Employment in breweries and distilleries.
(xi) Employment in any brick and tiles manufactory.
[Gujarat].-(1) (a) In Part I of the Schedule, in its application to Bombay area in State of Gujarat, the following shall be deleted, namely,
(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.
(iv) Employment in any cotton ginning or cotton pressing manufactory.
(b) In Part I of the Schedule, in its application to Saurashtra area of State of Gujarat, the following entries shall be deleted, namely,
(i) Employment in salt-pan industry.
(ii) Employment in the cotton ginning and cotton pressing factories.
(c) In Part I of the Schedule, in its application to the State of Bombay, the following entries shall be deleted, namely,
(i) 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 same meaning as assigned to them in the Bombay Shops and Establishments Act, 1948.
(2) In Part I of the Schedule, in its application to the State of Gujarat, after entry 12, following entries shall be added, 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 work incidental 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 (Bombay Act 79 of 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 are specified in the Schedule to the Principal Act as amended by this section.-Gujarat Act 22 of 1961, Section 5 (w.e.f. 18-5-1961).
Employment in salt-pan industry.
Employment in bobbin industry.
18. Employment in any powerloom industry in which specified processes are carried on.
19. Employment in any tobacco processing establishment, not covered under Entry No. 3.
Explanation. -For the purpose of this entry, the expression “processing” includes packing or unpacking, breaking up, sieving, thrashing, mixing, grading, drying, curing, or otherwise treating the tobacco (including tobacco leaves and stems) in any manner.
20. Employment in jari industry.
Explanation. -For the purpose of this entry, “jari industry” means one or more, or combination of, processes in the preparation or manufacture of real or imitation jari or jari goods and includes all processes preparatory, ancillary or incidental to or connected with the preparation or manufacture of such jari or jari goods.
Employment in soap making industry.
Employment in cement pre-stressed products.
Explanation. -For the purpose of this entry, cement prestressed products industry includes the manufacture of the following articles from cement, namely,-
(a) Cement pillars
(b) Cement pipes
(c) Cement grill or jali
(d) Cement tiles
(e) Cement angles
(J) Cement beams
(g) Cement poles
(h) Cement kundas (flowerpots)
(i) Cement tanks
(j) Cement benches
(k) Cement paniyara
(I) Hollow cement bricks.
Employment in bone crushing industry.
22. Employment in potteries industry.
Explanation. -For the purpose of this entry, potteries industry includes the manufacture of the following articles of pottery, namely,-
(a) Crockery
(b) Sanitary appliances and fittings
(c) Refractories
(d) Jars
(e) Electrical accessories
(f) Hospital ware
(g) Textile accessories
(h) Toys
(i) Glazed tiles.
27. Employment in forestry and timber operations carried on by a farmer or on a farm as incidental to or in conjunction with farm operations.
28. Employment in forestry and timber operations other than those carried on by a farmer or on a farm as incidental to or in conjunction with farm operations.
Explanation. -For the purpose of this entry, timber operations shall include the measurement, numbering, falling, sawing, hollowing-out, sizing and stacking of timber and sale of timber.
31. Employment in brick manufacturing industry.
32. Employment in any pulp and paper.
34. Employment in drilling operation and maintenance of tube-wells.
35. Employment in automobile repairing workshop and garages.
36. Employment in sugar industry.
37. Employment in petrol and diesel oil pumps.
38. Employment in bakeries.
39. Employment in industrial engineering establishments (other than automobile repairing workshops and garages) employing less than fifty workers, engaged in the manufacture, fashioning, reconditioning, assembling or repairs of goods or articles of iron, steel and non-ferrous metals or alloys by the use of any machine or tools including the foundries, forging plants, extrusion plants which produce for the manufacturing, assembling and repairing establishments and workshops.
40. Employment in any dispensary of medical practitioner or in any establishment of medical consultant or hospitals or nursing homes, etc.
41. Employment in electronics and allied or incidental industries.
42. Employment in khandsari industry.
43. Employment in rubber and rubber products including artificial rubber and artificial rubber products manufacturing industry.
44. Employment in fisheries industry.
45. Employment in plastic industry.
46. Employment in hosiery industry.
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, calendering, folding, finishing, mercerising, printing or glazing or yarn, cloth or articles made of cloth or any process incidental to or supplemental thereto.
48. Employment in roofing tiles manufactory.
49. Employment in any establishment engaged in manufacturing ready-made garments or its accessories and tailoring establishments employing more than three workers.
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 lI of this Schedule.
51. Employment in industrial engineering establishments (other than automobile repairing workshops and garages) employing fifty or more workers, engaged in the manufacture, fashioning, reconditioning, assembling, or repair of goods or articles of iron, steel, and non-ferrous metals or alloys by the use of any machine or tools, including foundries, forging plant and extrusion plants which produce for manufacturing, assembling, and repairing establishments and workshops.
52. The workers employed by the State Government in relief works or famine or scarcity works.
[Haryana].-30. Employment in brick kilns.
31. Employment in respect of operation of tube-wells.
32. Employment in automobile repairs workshops.
33. Employment in paper, cardboard and typewriter ribbon industries.
34. Employment in manufactory of khandsari, gur and shakkar.
35. Employment in asbestos cement factories.
36. Employment in petrol and diesel pumps.
37. Employment in P.W.D. (Public Health).
38. Employment in tailoring, stitching and embroidery establishment.
39. Employment in P.W.D. (Irrigation).
40. Employment in private coaching classes, schools including nursery schools and technical institutions.
44. Packing Industry.
46. Employment in rags cleaning and sorting.
47. Employment in any shop or commercial establishment other than those covered under any of the entries in this Schedule.
48. Employment in hospital and nursing homes.
49. Employment in electronics and allied or incidental industries.
50. Employment in plastic industries.
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 of the entries in this Schedule.
Employment in glass, glass-fibre and glass processing industry.
Note. -See also entries added in Punjab prior to its bifurcation on 31-11-1966 as they continue to hold good in Haryana and Chandigarh as well.
[Himachal Pradesh].-Employment in shops and commercial establishments.
Employment in manufacturing processes as defined in section 2(k) of the Factories Act, 1948.
Employment in (1) casting industries, (2) leather industries, (3) electronic industries.
[Karnataka].-26. Employment in docks, wharfs and jetties.
27. Employment in the film industry (including the exhibition sector).
28. Employment in any coffee curing works.
29. Employment in woodworks (including saw mills, match works, carpentry, plywood industry, veneer industry and ti:aber depots).
Employment in any powerloom and handloom (cotton) industries.
32. Employment in any engineering industry (excluding automobile engineering and foundry with or without attached machine shop.
33. Employment in sericulture farms.
Employment in toddy trapping.
34. Employment in ceramics and stoneware and potteries works.
37. Employment in bakeries.
38. Employment in confectioneries.
39. Employment in regulated markets, mandies, bazar and other similar places.
40. Employment in any khandsari sugar factories.
Employment in sericulture.
41. Employment in brick manufacturing.
42. Employment in educational institutions.
43. Employment in hospitals and nursing homes (including all systems of medicine).
44. Employment in clubs.
45. Employment in forestry and timbering operations.
47. Employment in rolling and re-rolling industry (ferrous).
48. Employment in rolling and re-rolling industry (non-ferrous).
49. Employment in laundries.
50. Employment in biscuit manufacturing.
51. Employment in petrol and diesel oil pumps.
[Kerala].-13. Employment in manufacture of coir.
16. Employment in water transport other than motor boat transport.
Employment in cashew industry.
20. Employment in match industry.
21. Employment in shops and establishments (including hotels and restaurants).
26. Employment in plywood industry.
27. Employment in minor ports.
28. Employment for works in forests.
29. Employment in rubber products industry.
30. Employment in minor engineering industry units employing less than 50 workers).
32. Employment in fish peeling and fish canning, freezing and exporting of sea food and frog legs.
33. Employment in hill produce industry.
34. Employment in manufacture of ayurvedic and allopathic medicine.
35. Employment in powerloom industry.
37. Employment in drying of coconuts and making them copra.
38. Employment in handling and care of elephants.
40. Employment in ice-factories.
41. Employment in units engaged in the manufacture and sale of umbrellas.
Employment in collection of river sand and its loading and unloading.
Employment in cinema theatres.
44. Employment in liquor trading and liquor vending industry.
45. Employment in rubber crepe mills.
48. Employment in light motor vehicles.
[Madhya Pradesh].-18. Employment in any cotton ginning and pressing factory.
Employment in any printing press.
Employment in any shop, commercial establishment, residential hotel, eating house, theatre or any other place of public amusement or entertainment.
Employment in any cotton ginning and pressing factory.
Employment in printing press.
Employment in construction and maintenance of irrigation works.
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.
Employment in brick-kilns.
Employment in forest produce.
Employment in kosa industry.
Employment in manufacture of ramraj or geru.
Employment in katechu industry.
Employment in potteries including manufacture of refractory goods, fire bricks, sanitary wares, insulators, tiles (excluding those made from cement), stoneware pipes, furnace living bricks, other ceramic goods.
Employment in blanket manufacturing works.
Employment in manufacturing of tiles which includes Mangalore tiles, Allahabad tiles or tiles known by any other local name but does not include cement tiles.
Employment in bone mill.
Employment in handloom industry.
Following employments have been omitted from Part I of Schedule in application to Mahakoshal Region-
Employment in glass industry.
Employment in cement industry.
Employment in potteries.
[Maharashtra].-I. In the Schedule to the Act, in Part I, the following entries shall be deleted, namely,-
(a) In its application to Bombay area of State of Maharashtra:
(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.
(iv) Employment in any cotton ginning or cotton pressing manufactory.
(b) In its application to the Vidarbha Region of the State of Maharashtra :-
(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.
(vii) 19. Employment in any printing press.
(c) In its application to the Hyderabad area of State of Maharashtra :-
(i) Employment in button factories.
(ii) Employment in the cotton ginning and pressing factories.
(d) In its application to the State of Maharashtra :
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 same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948.
II. In Part I of the Schedule to the Act in its application to the State of Maharashtra, after Entry 12, following entries shall be deemed to have been added to the said Part, 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 work incidental to such processes or book-binding is carried on.
15. Employment in any cotton ginning or cotton pressing manufactory.
16. Employment in glass industry.
17. Employment in any shop or commercial establishment not being an employment in any bank or an employment which is included 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 Bombay Shops and Establishments Act, 1948.
18. Employment in potteries.
19. Employment in rubber manufacturing industry.
20. Employment in paper and paper board manufactory.
21. Employment in cinema exhibition industry.
22. Employment in any industry in which any process of transforming plastics into various solid shapes through moulding, forming, extrusion or casting by application singly or together with heat and pressure or both or other similar work or work incidental to such process is carried on.
23. Employment in any hospital not falling under entry 6 in this Schedule.
24. Employment in any brick or roof-tiles manufactory.
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.
27. Employment in canteens and clubs not falling under entry 13 in this part.
28. Employment in film production industry.
Explanation. -Expression “film production industry” includes cine studios, cine laboratories and establishments and activities of cine producers.
29. Employment in powerloom industry.
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 anyindustry in which wooden photo or picture frame making and other similar work or any work incidental to such process is carried on.
33. Employment in bakeries.
34. Employment in salt-pan industry.
35. Employment in cashew processing industry.
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 manufacture 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.
37. Employment in cloth dyeing and/or printing.
38. Employment in laundry industry.
39. Employment in the establishment of an Attorney of the High Court of judicature at Bombay.
40. Employment in any dispensary not being a dispensary in any hospital falling under entry 6 or 23 in this Schedule.
41. Employment in manufacture of containers and/or boxes from paper and/or card-board and/or straw-board.
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.
43. Employment in khandsari sugar manufactory.
44. Employment in grass cutting not falling in Part II of the Schedule.
45. Employment in hair cutting saloon, hair dressing saloon or hammam khana.
46. Employment in any establishment engaged in the manufacturing readymade garments or its accessories (excluding hosiery articles) and tailoring establishments.
47. Employment in manufacturing fountain pens, ball points pens and/or their parts and/or accessories like nibs, refills, etc., whether made from plastics, bakelite, ebonite, or any other metal.
48. Employment as sweepers or scavengers in any employment not falling under any of the other entries in this Schedule.
48-A. 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.
49. Employment in forest and/or forestry.
50. Employment in manufacture of optical frames.
51. Employment in handloom industry.
52. Employment in handmade paper and handmade paper board manufactory.
53. Employment in manufacture of eatable tobacco (not being an employment falling under Entry 3 in Part I of the Schedule).
55. Employment in cycle mechanic workshop (including repairing, servicing and incidental operations).
56. Employment in cement and/or cement based machinery.
57. Employment in any industries manufacturing flattened parched rice (poha), murmura, churmura, kurmura from paddy or rice including micromica (bharda) narda from maize.
58. Employment in any chemical fertiliser manufactory and processes incidental thereto.
59. Employment in watch strap manufacturing industry.
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.
65. Employments in electronic industry in Santacruz Electronic Export Processing Zone, Greater Bombay, Maharashtra.
66. Employment in any factory as defined under clause (ni) of section 2 or within the meaning of section 85 of the Factories Act, 1948, not covered by any of the entries in this Schedule.
68. Employment in any glass bulb manufactory.
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.
70. Employment in charcoal kilns.
71. Employment in jari work industry wherein work with silver or gold thread is carried on, on any kind of cloth by hand or by any type of machinery.
73. Employment in rubber balloon manufacturing industries.
74. Employment in manufacture of ice and cold drinks.
75. Employment in liquor manu factory.
[Manipur].-1. Employments in shops and establishments and employments in the dam construction and irrigation works.
[Meghalaya].-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, etc.
[Orissa].-12-P. Employment in construction or maintenance of dams, embankments, irrigation projects, and sinking of wells and tanks.
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).
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 wood works 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 and 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.
12-Z-17. Employment in clay pottery.
12-Z-18. Employment in manufacture of coke and burning coal.
12-Z-19. Employment in carpet weaving industry.
12-Z-20. Employment in glass industries.
12-Z-21. Employment in cotton ginning and pressing industry.
12-Z-22. Employment in ayurvedic and unani pharmacy.
12-Z-23. Employment in coir industry.
12-Z-24. Employment in paper and card-board industry.
12-Z-25. Employment in manufacture of electrical bulbs.
12-Z-26. Employment in manufacture of radio by assembling with parts.
12-Z-27. Employment in brass and bell-metal industry.
12-Z-28. Employment in manufacture of brush and brooms.
12-Z-29. Employment in manufacture of ropes.
12-Z-30. Employment in manufacture of nails and pins.
12-Z-31. Employment in manufacture of cold drinks, soda and other allied products.
[Pondicherry].-l. Employment in shops and establishments.
2. Employment in toddy tapping.
[Punjab].-13. Employment in textile industry.
14. Employment in any foundry with or without attached machine shop.
15. Employment in agricultural implements, machine tools and general engineering including cycle industry.
16. Employment in scientific industries.
17. Employment in textile industry.
20. Employment in ayurvedic and unani pharmacies.
21. Employment in-
(i) metal rolling and re-rolling industry, and
(ii) brass, copper and aluminium utensils making industry.
22. Employment in saw mills and timber trade.
23. Employment in cotton ginning and pressing factories.
24. Employment in electroplating by using slats of chromium, nickle or any other compound and connected with buffing and polishing industry.
25. Employment in the following categories of shops and commercial establishments –
(i) Grocers and kirana merchants.
(ii) General merchants.
(iii) Cloth merchants.
(iv) Commission agents, bankers or grain dealers.
(v) Furniture dealers or manufacturers.
(vi) Hotels, restaurants or tea stalls.
(vii) Halwais.
26. Employment in potteries, ceramics and refractory industry.
27. Employment in chemical and distillery industry.
28. Employment in glass industry.
29. Employment in rubber industry.
30. Employment in respect of the operation of tube-wells.
31. Employment in respect of the brick kiln industry.
32. Employment in sports goods industry.
33. Employment in electricity generation and supply.
34. Employment in P.W.D., Public Health Branch.
35. Employment in P.W.D., Irrigation Branch.
36. Employment in tailoring, stitching and embroidery establishments.
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 establishments 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.
43. Employment in petroleum supply stations.
44. Employment in motor-body builders.
45. Employment in surgical and clinical instruments-making industry.
46. Cement-pipe making industry.
47. Employment in manufacture of indigenous sugar, boora, khandsari and gur, etc. from sugar-cane.
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 saloons 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 opticalgoods.
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 including newsprint.
60. Employment in tailors and ready-made garments manufactures.
61. Employment in dealers in footwear and travel goods like suit-cases, bags, etc.
62. Employment in forestry and logging.
63. Employment in private educational institutions.
64. Employment in private hospitals, clinics, dispensaries, nursing homes and medical shops.
[Rajasthan].-13. Employment in salt industry.
14. Employment in wool cleaning and pressing factories in State of Rajasthan.
15. Soapstone quarries and works incidental thereto.
15-A. Employment in soapstone factories.
16. Printing presses.
17. Cotton ginning, pressing and bailing establishments.
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 watches clocks.
(iii) Manufacturing not elsewhere classified, like zip fasteners, etc.
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.
33. Employment in National Rural Employment Programme.
34. Employment in Rural Landless Employment Guarantee Programme.
35. Employment in all type of famine relief works.
36. Employment in Works of Irrigation Department.
37. Employment in Works of Public Health and Engineering Department.
38. Employment in Works of Public Works Department (B & R).
39. Employment in brick kiln industry.
40. Employment in contingency fund works (casual labour) in Government Offices including local bodies, Corporations and Boards.
41. Employment in works relating to electricity generation, transmission and supply of power.
[Tamil Nadu].-1. Cotton ginning and pressing.
2. Salt-pans.
3. Coir manufactory.
4. Match and fireworks manufactory.
5. Hosiery manufactory.
6. Bricks and tiles manufactory.
Employment in cotton waste.
Employment in laundries and washing clothes (including woollen).
Timber industry and sago industry.
Employment in automobile workshops.
Employment in cashewnut industry.
Employment in powerloom industry.
Employment in boat working in minor ports.
Employment in handloom silk weaving industry.
Employment in hotels and restaurants.
Employment in printing presses, shops, commercial establishments and cinemas.
Employment in fishing industry.
Employment in hospitals and nursing homes (other than Government and Employees’ State Insurance hospitals and dispensaries).
Employment in motion picture industry.
Employment in synthetic gem cutting industry.
Employment in loading and unloading operations in markets, shandies (fairs and market places) and other like places.
Employment in bought leaf tea factories.
Employment in vessel (utensil) making, bleaching or dyeing or both and tailoring.
Employment in coffee curing works.
Employment in tin container manufactory.
Employment in waste cotton mills.
Employment in toddy tapping and neera tapping.
Employment in leather goods manufactory.
Employment in polythene, processing foam items and plastic manufactory.
Employment in radio including assembly products.
Employment in chemical and distillery industry.
Employment in bakeries and biscuits manufactory.
Employment in gunny industry.
Employment in coconut pealing.
Employment in silk twisting industry.
Employment in sericulture.
Employment in food processing industry.
Employment in handicrafts.
Employment in carpentry and blacksmithy.
Employment in electronic industry.
Employment in agarbatti manufactory.
Employment in chemical fertilizer industry.
Employment in granite industry.
[Tripura].-Employment in bricks industry.
Employment in private hospitals.
[Uttar Pradesh].-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.
18. Employment in leather goods manufactory.
19. Employment in cinema industry.
20. Employment in woollen blanket making establishments.
21. Employment in printing of cloth.
22. Employment in wood works 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 biscuits 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.
37. Employment in khandsari.
38. Employment in manufacture of glass and glass products (excepting optical lenses and glass bangle making industry) and including miniature bulbs.
39. Employment in engineering industries employing less than 50 persons.
40. Employment in ice manufactory.
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 soap powder or detergent manufactory.
44. Employment in book binding.
45. Employment in potteries and ceramics refractories.
46. Employment in strawboard or paper board manufactory.
47. Employment in any commercial establishment.
48. Employment in rubber manufactory.
49. Employment in plastic industry and plastic products industry.
50. Employment in confectionery industry.
51. Employment in manufacturing of aerated drinks.
52. Employment in fruit juices manufactory.
53. Employment in plywood industry.
54. Employment in petrol and diesel oil pump.
55. Employment in automobile repairs workshop.
56. Employment in dairy, milk dairies.
57. Employment in readymade garments manufactory.
58. Employment in private coaching classes, private schools including nursery schools and private technical institutions.
59. Employment in asbestos cement factory and other cement products manufactory.
60. Employment in construction and maintenance of dam, embankments, irrigation projects, sinking of wells and tanks.
61. Employment in clubs.
62. Employment in all registered factories not covered before.
63. Employment in private hospitals, clinics and medical shops by whatever name called.
[West Bengal].-16. Employment in chakki mills.
17. Employment in silk printing industry.
20. Employment in glass industry.
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.
22. Employment in industry engaged in the manufacture of rubber products.
23. Employment in hosiery industry.
24. Employment in medicinal plants, plantation, other titan cinchona plantation.
26. Employment in powerlooms employing ten or more persons.
27. Employment in hotels, restaurants including boarding houses and eating houses not employing more than twenty persons.
28. Employment in ceramic industry.
29. Employment in clinical nursing home.
30. Employment in plastic industry.
31. Employment in bell-metal and brass industry.
32. Employment in paper board and strawboard manufacturing industry.
37. Employment in saw mills.
38. Employment in plastic industry.
41. Employment in bick leaf plucking.
42. Employment in forestry or timbering operations excepting those included in Part II of the Schedule.
43. Employment in engineering units employing less than 50 persons.
44. Employment in refractory industry.
45. (a) Employment in sericulture, nursery and cultivation.
(b) Employment in silk spinning and/or weaving (handloom).
46. Employment in handloom.
47. Employment in godowns.
48. Employment in fishery.
49. Employment in paints and chemical factories.
50. Employment in decoration.
52. Employment in plywood industry.
53. Employment in establishments of professions such a Chartered/Cost Accountants, Auditors, Tax-Consultants and other firms/companies engaged in the Consultancy/Advisory Services.
55. Employment in the establishments not covered by Notification No. 24-MW/MW/ZW-14/83, dated in 21st February, 1985, fixing minimum rates of wages in shops.
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 preparation for market and delivery to storage or to market or to carriage for transportation to market of farm produce).
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