THE MINIMUM WAGES ACT, 1948

PREAMBLE

What is the subject matter of the Minimum Wages Act, 1948?

Fixing minimum rates of wages in certain employments.

What is the Act number of the Minimum Wages Act, 1948?

Act No. 11 of 1948.

On what date was the Minimum Wages Act, 1948 enacted?

15th March, 1948.

What is the long title of the Minimum Wages Act, 1948?

An Act to provide for fixing minimum rates of wages in certain employments.

Why was the Minimum Wages Act, 1948 enacted?

To provide for fixing minimum rates of wages in certain employments.

What does the Preamble state is expedient?

To provide for fixing minimum rates of wages in certain employments.

What does the enacting clause of the Minimum Wages Act, 1948 state?

It is hereby enacted as follows.

What is the subject matter of Section 1?

Short title and extent.

What may this Act be called?

The Minimum Wages Act, 1948.

To what does the Minimum Wages Act, 1948 extend?

The whole of India.

What is the subject matter of Section 2?

Interpretation.

Who is an "adolescent" under clause (a) of Section 2?

A person who has completed his fourteenth year of age but has not completed his eighteenth year.

Who is an "adult" under clause (aa) of Section 2?

A person who has completed his eighteenth year of age.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to any scheduled employment carried on by or under the authority of the Central Government?

The Central Government.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to a railway administration?

The Central Government.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to a mine?

The Central Government.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to an oilfield?

The Central Government.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to a major port?

The Central Government.

Who is the "appropriate Government" under clause (b)(i) of Section 2 in relation to a corporation established by a Central Act?

The Central Government.

Who is the "appropriate Government" under clause (b)(ii) of Section 2 in relation to any other scheduled employment?

The State Government.

Who is a "child" under clause (bb) of Section 2?

A person who has not completed his fourteenth year of age.

What is the subject matter of clause (c) of Section 2?

Competent authority.

Who is the "competent authority" under clause (c) of Section 2?

The authority appointed by the appropriate Government by notification in its Official Gazette.

Who appoints the competent authority under clause (c) of Section 2?

The appropriate Government.

How is the competent authority appointed under clause (c) of Section 2?

By notification in the Official Gazette.

For what purpose is the competent authority appointed under clause (c) of Section 2?

To ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in the notification.

Which employees' cost of living index number is ascertained by the competent authority under clause (c) of Section 2?

Employees employed in the scheduled employments specified in the notification.

What is the subject matter of clause (d) of Section 2?

Cost of living index number.

What is meant by "cost of living index number" under clause (d) of Section 2?

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.

In relation to which employees is the "cost of living index number" determined under clause (d) of Section 2?

Employees in any scheduled employment in respect of which minimum rates of wages have been fixed.

Who ascertains the cost of living index number under clause (d) of Section 2?

The competent authority.

Who declares the cost of living index number under clause (d) of Section 2?

The competent authority.

How is the cost of living index number declared under clause (d) of Section 2?

By notification in the Official Gazette.

To whom does the declared cost of living index number apply under clause (d) of Section 2?

Employees in such employment.

Who is an "employer" under clause (e) of Section 2?

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.

How may an employer employ employees under clause (e) of Section 2?

Directly or through another person.

On whose behalf may an employer employ employees under clause (e) of Section 2?

On behalf of himself or any other person.

How many employees must a person employ to be an employer under clause (e) of Section 2?

One or more employees.

In respect of which employments is a person an employer under clause (e) of Section 2?

Scheduled employments in respect of which minimum rates of wages have been fixed under this Act.

Subject to what exception does the inclusive definition of "employer" under clause (e) of Section 2 apply?

Except in sub-section (3) of section 26.

Who is deemed to be the employer under clause (e)(i) of Section 2 in a factory carrying on any scheduled employment?

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.

Under which provision of the Factories Act is the factory manager referred to in clause (e)(i) of Section 2?

Clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948).

Who is deemed to be the employer under clause (e)(ii) of Section 2 in a scheduled employment under the control of any Government in India?

The person or authority appointed by such Government for the supervision and control of employees.

Who is deemed to be the employer under clause (e)(ii) of Section 2 if no person or authority is appointed by the Government?

The head of the department.

Who is deemed to be the employer under clause (e)(iii) of Section 2 in a scheduled employment under a local authority?

The person appointed by such authority for the supervision and control of employees.

Who is deemed to be the employer under clause (e)(iii) of Section 2 if no person is appointed by the local authority?

The chief executive officer of the local authority.

Who is deemed to be the employer under clause (e)(iv) of Section 2 in any other case?

Any person responsible to the owner for the supervision and control of the employees or for the payment of wages.

For what responsibilities may a person be deemed to be the employer under clause (e)(iv) of Section 2?

Supervision and control of the employees or payment of wages.

What is the subject matter of clause (f) of Section 2?

Prescribed.

What is meant by "prescribed" under clause (f) of Section 2?

Prescribed by rules made under this Act.

What is the subject matter of clause (g) of Section 2?

Scheduled employment.

What is meant by "scheduled employment" under clause (g) of Section 2?

An employment specified in the Schedule, or any process or branch of work forming part of such employment.

What is included in "scheduled employment" under clause (g) of Section 2 besides an employment specified in the Schedule?

Any process or branch of work forming part of such employment.

What is the subject matter of clause (h) of Section 2?

Wages.

What is meant by "wages" under clause (h) of Section 2?

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.

What allowance is specifically included in "wages" under clause (h) of Section 2?

House rent allowance.

What is excluded from "wages" under clause (h)(i)(a) of Section 2?

The value of any house-accommodation, supply of light, water or medical attendance.

What is excluded from "wages" under clause (h)(i)(b) of Section 2?

Any other amenity or any service excluded by general or special order of the appropriate Government.

By what order may any other amenity or service be excluded from wages under clause (h)(i)(b) of Section 2?

General or special order of the appropriate Government.

What is excluded from "wages" under clause (h)(ii) of Section 2?

Any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance.

To which funds are the employer's contributions excluded from wages under clause (h)(ii) of Section 2?

Any Pension Fund or Provident Fund.

Under which scheme is the employer's contribution excluded from wages under clause (h)(ii) of Section 2?

Any scheme of social insurance.

What is excluded from "wages" under clause (h)(iii) of Section 2?

Any travelling allowance or the value of any travelling concession.

What is excluded from "wages" under clause (h)(iv) of Section 2?

Any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment.

Why is the sum referred to in clause (h)(iv) of Section 2 excluded from wages?

To defray special expenses entailed on the person employed by the nature of his employment.

What is excluded from "wages" under clause (h)(v) of Section 2?

Any gratuity payable on discharge.

Who is an "employee" under clause (i) of Section 2?

Any person 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.

For what consideration must a person be employed to be an "employee" under clause (i) of Section 2?

Hire or reward.

What types of work may an employee perform under clause (i) of Section 2?

Skilled or unskilled, manual or clerical work.

In what employment must a person work to be an "employee" under clause (i) of Section 2?

A scheduled employment in respect of which minimum rates of wages have been fixed.

Who is included as an "employee" under clause (i) of Section 2 as an out-worker?

An out-worker to whom any articles or materials are given out by another person for processing for sale for the purposes of that person's trade or business.

For what purposes may articles or materials be given to an out-worker under clause (i) of Section 2?

To be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale.

For whose trade or business are the articles or materials processed by the out-worker under clause (i) of Section 2?

The trade or business of the other person.

Where may the out-worker carry out the process under clause (i) of Section 2?

In the home of the out-worker or in some other premises not being premises under the control and management of that other person.

Who else is included as an "employee" under clause (i) of Section 2?

An employee declared to be an employee by the appropriate Government.

Which authority may declare a person to be an employee under clause (i) of Section 2?

The appropriate Government.

Who is excluded from the definition of "employee" under clause (i) of Section 2?

Any member of the Armed Forces of the Union.

What is the subject matter of Section 3?

Fixing of minimum rates of wages.

What shall the appropriate Government do under sub-section (1) of Section 3?

Fix and review the minimum rates of wages in the manner hereinafter provided.

What shall the appropriate Government do under clause (a) of sub-section (1) of Section 3?

Fix the minimum rates of wages payable to employees employed in the specified employments.

To whom shall the appropriate Government fix minimum rates of wages under clause (a) of sub-section (1) of Section 3?

Employees employed in an employment specified in Part I or Part II of the Schedule and in an employment added to either Part by notification under section 27.

Which Parts of the Schedule are covered under clause (a) of sub-section (1) of Section 3?

Part I and Part II of the Schedule.

Which employments added after the commencement of the Act are covered under clause (a) of sub-section (1) of Section 3?

Employments added to Part I or Part II by notification under section 27.

By which provision may an employment be added to Part I or Part II of the Schedule?

Section 27.

What power is conferred on the appropriate Government under the proviso to clause (a) of sub-section (1) of Section 3?

It may fix minimum rates of wages for employees employed in an employment specified in Part II of the Schedule for a part of the State or for any specified class or classes of such employment in the whole State or part thereof instead of the whole State.

To which employments does the proviso to clause (a) of sub-section (1) of Section 3 apply?

Employments specified in Part II of the Schedule.

Instead of fixing minimum rates for the whole State, what may the appropriate Government do under the proviso to clause (a) of sub-section (1) of Section 3?

Fix such rates for a part of the State.

For whom may the appropriate Government fix minimum rates under the proviso to clause (a) of sub-section (1) of Section 3?

Any specified class or classes of such employment.

Where may rates be fixed for specified classes under the proviso to clause (a) of sub-section (1) of Section 3?

In the whole State or part thereof.

What shall the appropriate Government do under clause (b) of sub-section (1) of Section 3?

Review the minimum rates of wages so fixed and revise the minimum rates, if necessary.

At what intervals shall the appropriate Government review the minimum rates of wages under clause (b) of sub-section (1) of Section 3?

At such intervals as it may think fit, not exceeding five years.

What is the maximum interval for reviewing minimum rates of wages under clause (b) of sub-section (1) of Section 3?

Five years.

When shall the appropriate Government revise the minimum rates of wages under clause (b) of sub-section (1) of Section 3?

If necessary.

What does the proviso to clause (b) of sub-section (1) of Section 3 provide where the appropriate Government has not reviewed the minimum rates within five years?

Nothing shall prevent it from reviewing the minimum rates after the expiry of five years and revising them, if necessary.

Does failure to review minimum rates within five years bar the appropriate Government from reviewing them later under the proviso to clause (b) of sub-section (1) of Section 3?

No.

When may the appropriate Government review the minimum rates if they are not reviewed within five years under the proviso to clause (b) of sub-section (1) of Section 3?

After the expiry of the said period of five years.

What happens to the existing minimum rates until they are revised under the proviso to clause (b) of sub-section (1) of Section 3?

The minimum rates in force immediately before the expiry of the said period of five years shall continue in force.

Notwithstanding what provision may the appropriate Government refrain from fixing minimum rates of wages under sub-section (1A) of Section 3?

Sub-section (1).

When may the appropriate Government refrain from fixing minimum rates of wages under sub-section (1A) of Section 3?

Where in the whole State there are less than one thousand employees engaged in the scheduled employment.

What is the minimum number of employees required before the appropriate Government is obliged to fix minimum rates of wages under sub-section (1A) of Section 3?

One thousand employees.

To which area does the employee strength under sub-section (1A) of Section 3 relate?

The whole State.

How may the appropriate Government ascertain the number of employees under sub-section (1A) of Section 3?

After such inquiry as it may make or cause to be made.

What shall the appropriate Government do if it finds that the number of employees has risen to one thousand or more under sub-section (1A) of Section 3?

Fix minimum rates of wages payable to employees in such employment.

When shall the appropriate Government fix minimum rates after making such finding under sub-section (1A) of Section 3?

As soon as may be after such finding.

What is the subject matter of sub-section (2) of Section 3?

Types of minimum rates of wages.

What may the appropriate Government fix under sub-section (2) of Section 3?

Minimum rates of wages.

What may the appropriate Government fix under clause (a) of sub-section (2) of Section 3?

A minimum rate of wages for time work.

What is the minimum rate of wages for time work called under clause (a) of sub-section (2) of Section 3?

A minimum time rate.

What may the appropriate Government fix under clause (b) of sub-section (2) of Section 3?

A minimum rate of wages for piece work.

What is the minimum rate of wages for piece work called under clause (b) of sub-section (2) of Section 3?

A minimum piece rate.

What may the appropriate Government fix under clause (c) of sub-section (2) of Section 3?

A minimum rate of remuneration for employees employed on piece work to secure a minimum rate of wages on a time work basis.

What is the minimum rate under clause (c) of sub-section (2) of Section 3 called?

A guaranteed time rate.

For what purpose is a guaranteed time rate fixed under clause (c) of sub-section (2) of Section 3?

To secure to employees employed on piece work a minimum rate of wages on a time work basis.

What may the appropriate Government fix under clause (d) of sub-section (2) of Section 3?

A minimum rate, whether a time rate or a piece rate, to apply in substitution for the otherwise applicable minimum rate in respect of overtime work.

What is the minimum rate under clause (d) of sub-section (2) of Section 3 called?

Overtime rate.

To what work does the overtime rate under clause (d) of sub-section (2) of Section 3 apply?

Overtime work done by employees.

What is the subject matter of sub-section (2A) of Section 3?

Non-application of minimum rates during pendency of industrial disputes or operation of awards.

Before which authorities may proceedings be pending under sub-section (2A) of Section 3?

A Tribunal or National Tribunal under the Industrial Disputes Act, 1947, or any like authority under any other law for the time being in force.

To what must the industrial dispute relate under sub-section (2A) of Section 3?

The rates of wages payable to employees employed in a scheduled employment.

What happens if a notification fixing or revising minimum rates of wages is issued during the pendency of such proceedings under sub-section (2A) of Section 3?

The minimum rates so fixed or revised shall not apply to those employees during the pendency of the proceedings and operation of the award.

What happens if the notification is issued during the operation of an award under sub-section (2A) of Section 3?

The minimum rates so fixed or revised shall not apply during the period of operation of the award.

For how long do the notified minimum rates remain inapplicable under sub-section (2A) of Section 3?

During the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, during the period of operation of the award.

What is the effect where the proceeding or award relates to the rates of wages payable to all employees in the scheduled employment under sub-section (2A) of Section 3?

No minimum rates of wages shall be fixed or revised in respect of that employment during the said period.

What is the subject matter of sub-section (3) of Section 3?

Fixing or revising different minimum rates of wages.

What may the appropriate Government do while fixing or revising minimum rates of wages under sub-section (3) of Section 3?

Fix different minimum rates of wages.

For whom may different minimum rates of wages be fixed under clause (a)(i) of sub-section (3) of Section 3?

Different scheduled employments.

For whom may different minimum rates of wages be fixed under clause (a)(ii) of sub-section (3) of Section 3?

Different classes of work in the same scheduled employment.

For whom may different minimum rates of wages be fixed under clause (a)(iii) of sub-section (3) of Section 3?

Adults, adolescents, children and apprentices.

For which geographical basis may different minimum rates of wages be fixed under clause (a)(iv) of sub-section (3) of Section 3?

Different localities.

By what wage-period may minimum rates of wages be fixed under clause (b)(i) of sub-section (3) of Section 3?

By the hour.

By what wage-period may minimum rates of wages be fixed under clause (b)(ii) of sub-section (3) of Section 3?

By the day.

By what wage-period may minimum rates of wages be fixed under clause (b)(iii) of sub-section (3) of Section 3?

By the month.

By what other wage-period may minimum rates of wages be fixed under clause (b)(iv) of sub-section (3) of Section 3?

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

What may be indicated where minimum rates are fixed by the day under clause (b) of sub-section (3) of Section 3?

The manner of calculating wages for a day.

What may be indicated where minimum rates are fixed by the month under clause (b) of sub-section (3) of Section 3?

The manner of calculating wages for a month.

What does the proviso to sub-section (3) of Section 3 provide regarding wage-periods fixed under the Payment of Wages Act, 1936?

Minimum wages shall be fixed in accordance therewith.

Under which provision of the Payment of Wages Act, 1936 are the wage-periods referred to in the proviso to sub-section (3) of Section 3 fixed?

Section 4 of the Payment of Wages Act, 1936 (4 of 1936).

What is the subject matter of Section 4?

Minimum rate of wages.

What may a minimum rate of wages fixed or revised under sub-section (1) of Section 4 consist of?

Any one of the components specified in clauses (i), (ii) or (iii).

Under which provision are the minimum rates of wages referred to in sub-section (1) of Section 4 fixed or revised?

Section 3.

What may a minimum rate of wages consist of under clause (i) of sub-section (1) of Section 4?

A basic rate of wages and a special allowance.

To what shall the special allowance under clause (i) of sub-section (1) of Section 4 be adjusted?

The variation in the cost of living index number applicable to such workers.

At whose direction shall the special allowance under clause (i) of sub-section (1) of Section 4 be adjusted?

The appropriate Government.

At what intervals shall the special allowance under clause (i) of sub-section (1) of Section 4 be adjusted?

At such intervals as the appropriate Government may direct.

In what manner shall the special allowance under clause (i) of sub-section (1) of Section 4 be adjusted?

In such manner as the appropriate Government may direct.

With what object is the special allowance adjusted under clause (i) of sub-section (1) of Section 4?

To accord as nearly as practicable with the variation in the cost of living index number applicable to such workers.

What is the special allowance under clause (i) of sub-section (1) of Section 4 referred to as?

Cost of living allowance.

What may a minimum rate of wages consist of under clause (ii) of sub-section (1) of Section 4?

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.

May the basic rate of wages under clause (ii) of sub-section (1) of Section 4 be fixed without the cost of living allowance?

Yes.

What concessions are included under clause (ii) of sub-section (1) of Section 4?

The cash value of the concessions in respect of supplies of essential commodities at concession rates.

When may the cash value of concessions be included under clause (ii) of sub-section (1) of Section 4?

Where so authorised.

What may a minimum rate of wages consist of under clause (iii) of sub-section (1) of Section 4?

An all-inclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any.

What does the all-inclusive rate under clause (iii) of sub-section (1) of Section 4 include?

The basic rate, the cost of living allowance and the cash value of the concessions, if any.

Who shall compute the cost of living allowance under sub-section (2) of Section 4?

The competent authority.

Who shall compute the cash value of the concessions in respect of supplies of essential commodities at concession rates under sub-section (2) of Section 4?

The competent authority.

At what intervals shall the cost of living allowance and the cash value of concessions be computed under sub-section (2) of Section 4?

At such intervals as may be specified or given by the appropriate Government.

In accordance with whose directions shall the cost of living allowance and the cash value of concessions be computed under sub-section (2) of Section 4?

Such directions as may be specified or given by the appropriate Government.

What is the subject matter of Section 5?

Procedure for fixing and revising minimum wages.

When does the procedure under sub-section (1) of Section 5 apply?

In fixing minimum rates of wages for the first time under this Act or in revising minimum rates of wages so fixed.

What alternatives are available to the appropriate Government under sub-section (1) of Section 5 for fixing or revising minimum wages?

It shall either follow the procedure under clause (a) or clause (b).

What may the appropriate Government do under clause (a) of sub-section (1) of Section 5?

Appoint as many committees and sub-committees as it considers necessary.

For what purpose may committees and sub-committees be appointed under clause (a) of sub-section (1) of Section 5?

To hold enquiries and advise the appropriate Government in respect of fixation or revision of minimum rates of wages.

Who decides the number of committees and sub-committees under clause (a) of sub-section (1) of Section 5?

The appropriate Government.

What may the appropriate Government do under clause (b) of sub-section (1) of Section 5?

Publish its proposals by notification in the Official Gazette.

For whose information are the proposals published under clause (b) of sub-section (1) of Section 5?

Persons likely to be affected thereby.

Where are the proposals published under clause (b) of sub-section (1) of Section 5?

In the Official Gazette.

What shall the notification under clause (b) of sub-section (1) of Section 5 specify?

A date on which the proposals will be taken into consideration.

What is the minimum period between the notification and the date specified under clause (b) of sub-section (1) of Section 5?

Not less than two months from the date of the notification.

What shall the appropriate Government consider under sub-section (2) of Section 5 where the procedure under clause (a) of sub-section (1) is followed?

The advice of the committee or committees.

What shall the appropriate Government consider under sub-section (2) of Section 5 where the procedure under clause (b) of sub-section (1) is followed?

All representations received before the date specified in the notification.

How shall the appropriate Government fix or revise the minimum rates of wages under sub-section (2) of Section 5?

By notification in the Official Gazette.

In respect of what shall the appropriate Government fix or revise minimum rates of wages under sub-section (2) of Section 5?

Each scheduled employment.

When does a notification issued under sub-section (2) of Section 5 come into force?

On the expiry of three months from the date of its issue.

When will a notification under sub-section (2) of Section 5 not come into force after three months?

Where the notification otherwise provides.

What does the proviso to sub-section (2) of Section 5 require where the appropriate Government proposes to revise minimum rates by the mode specified in clause (b) of sub-section (1)?

The appropriate Government shall also consult the Advisory Board.

When is consultation with the Advisory Board mandatory under the proviso to sub-section (2) of Section 5?

When the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1).

What is the subject matter of Section 7?

Advisory Board.

For what purpose is the Advisory Board appointed under Section 7?

To co-ordinate the work of committees and sub-committees appointed under section 5 and to advise the appropriate Government generally in the matter of fixing and revising minimum rates of wages.

Which committees and sub-committees are co-ordinated by the Advisory Board under Section 7?

Committees and sub-committees appointed under section 5.

Whom does the Advisory Board advise under Section 7?

The appropriate Government.

On what matters does the Advisory Board advise the appropriate Government under Section 7?

Fixing and revising minimum rates of wages.

Who appoints the Advisory Board under Section 7?

The appropriate Government.

What is the subject matter of Section 8?

Central Advisory Board.

For what purpose is the Central Advisory Board appointed under sub-section (1) of Section 8?

To advise the Central and State Governments in the matters of fixation and revision of minimum rates of wages and other matters under this Act and to co-ordinate the work of the Advisory Boards.

Whom does the Central Advisory Board advise under sub-section (1) of Section 8?

The Central and State Governments.

On what matters does the Central Advisory Board advise the Central and State Governments under sub-section (1) of Section 8?

Fixation and revision of minimum rates of wages and other matters under this Act.

What additional function does the Central Advisory Board perform under sub-section (1) of Section 8?

Co-ordinating the work of the Advisory Boards.

Who appoints the Central Advisory Board under sub-section (1) of Section 8?

The Central Government.

Who nominates the members of the Central Advisory Board under sub-section (2) of Section 8?

The Central Government.

Who are represented on the Central Advisory Board under sub-section (2) of Section 8?

Employers and employees in the scheduled employments.

What is the numerical relationship between employer and employee representatives on the Central Advisory Board under sub-section (2) of Section 8?

They shall be equal in number.

Who else forms part of the Central Advisory Board under sub-section (2) of Section 8?

Independent persons.

What is the maximum number of independent persons on the Central Advisory Board under sub-section (2) of Section 8?

Not exceeding one-third of its total number of members.

Who is appointed as the Chairman of the Central Advisory Board under sub-section (2) of Section 8?

One of the independent persons.

Who appoints the Chairman of the Central Advisory Board under sub-section (2) of Section 8?

The Central Government.

What is the subject matter of Section 9?

Composition of committees, etc.

Which bodies are governed by Section 9?

Committees, sub-committees and the Advisory Board.

Who nominates the members of the committees, sub-committees and the Advisory Board under Section 9?

The appropriate Government.

Who are represented in the committees, sub-committees and the Advisory Board under Section 9?

Employers and employees in the scheduled employments.

What is the numerical relationship between employer and employee representatives under Section 9?

They shall be equal in number.

Who else may be included in the committees, sub-committees and the Advisory Board under Section 9?

Independent persons.

What is the maximum number of independent persons under Section 9?

Not exceeding one-third of the total number of members.

Who is appointed as the Chairman under Section 9?

One of the independent persons.

Who appoints the Chairman under Section 9?

The appropriate Government.

What is the subject matter of Section 10?

Correction of errors.

What power is conferred on the appropriate Government under sub-section (1) of Section 10?

To correct clerical or arithmetical mistakes or errors arising from any accidental slip or omission.

When may the appropriate Government correct errors under sub-section (1) of Section 10?

At any time.

How may the appropriate Government correct errors under sub-section (1) of Section 10?

By notification in the Official Gazette.

What type of mistakes may be corrected under sub-section (1) of Section 10?

Clerical or arithmetical mistakes.

In which orders may clerical or arithmetical mistakes be corrected under sub-section (1) of Section 10?

Orders fixing or revising minimum rates of wages under this Act.

What other errors may be corrected under sub-section (1) of Section 10?

Errors arising from any accidental slip or omission.

What shall be done with a notification issued under sub-section (1) of Section 10?

It shall be placed before the Advisory Board for information.

When shall a notification be placed before the Advisory Board under sub-section (2) of Section 10?

As soon as may be after it is issued.

Before whom shall the notification be placed under sub-section (2) of Section 10?

The Advisory Board.

For what purpose shall the notification be placed before the Advisory Board under sub-section (2) of Section 10?

For information.

What is the subject matter of Section 11?

Wages in kind.

In what mode shall minimum wages be paid under sub-section (1) of Section 11?

In cash.

When may the appropriate Government authorise payment of minimum wages wholly or partly in kind under sub-section (2) of Section 11?

Where it has been the custom to pay wages wholly or partly in kind and it is of the opinion that it is necessary in the circumstances of the case.

What custom is required for authorising payment of wages in kind under sub-section (2) of Section 11?

A custom to pay wages wholly or partly in kind.

Whose opinion is required before authorising payment of wages in kind under sub-section (2) of Section 11?

The appropriate Government.

How may the appropriate Government authorise payment of minimum wages in kind under sub-section (2) of Section 11?

By notification in the Official Gazette.

To what extent may payment of minimum wages in kind be authorised under sub-section (2) of Section 11?

Wholly or partly in kind.

When may the appropriate Government authorise the supply of essential commodities at concession rates under sub-section (3) of Section 11?

If it is of the opinion that provision should be made for such supply.

What may the appropriate Government authorise under sub-section (3) of Section 11?

The supply of essential commodities at concession rates.

How may the appropriate Government authorise the supply of essential commodities at concession rates under sub-section (3) of Section 11?

By notification in the Official Gazette.

How shall the cash value of wages in kind be estimated under sub-section (4) of Section 11?

In the prescribed manner.

How shall the cash value of concessions in respect of supplies of essential commodities at concession rates be estimated under sub-section (4) of Section 11?

In the prescribed manner.

Under which sub-sections must the wages in kind or concessions be authorised for estimation under sub-section (4) of Section 11?

Sub-sections (2) and (3).

What is the subject matter of Section 12?

Payment of minimum rates of wages.

When does the obligation under sub-section (1) of Section 12 apply?

Where a notification under section 5 is in force in respect of any scheduled employment.

Who is required to pay minimum wages under sub-section (1) of Section 12?

The employer.

To whom shall the employer pay minimum wages under sub-section (1) of Section 12?

Every employee engaged in a scheduled employment under him.

At what rate shall wages be paid under sub-section (1) of Section 12?

At a rate not less than the minimum rate of wages fixed by the notification for that class of employees in that employment.

Which notification determines the minimum rate of wages under sub-section (1) of Section 12?

The notification under section 5.

For which class of employees shall the employer pay the notified minimum rate under sub-section (1) of Section 12?

That class of employees in that employment.

How shall minimum wages be paid under sub-section (1) of Section 12 with regard to deductions?

Without any deductions except as may be authorised.

When may deductions be made from minimum wages under sub-section (1) of Section 12?

Within such time and subject to such conditions as may be prescribed.

What does sub-section (2) of Section 12 provide regarding the Payment of Wages Act, 1936?

Nothing contained in this section shall affect the provisions of the Payment of Wages Act, 1936 (4 of 1936).

What is the subject matter of Section 13?

Fixing hours for a normal working day, etc.

To which employments does sub-section (1) of Section 13 apply?

Scheduled employments in respect of which minimum rates of wages have been fixed under this Act.

What power is conferred on the appropriate Government under sub-section (1) of Section 13?

To fix hours of work, provide for a day of rest and provide for payment for work on a day of rest.

What may the appropriate Government fix under clause (a) of sub-section (1) of Section 13?

The number of hours of work which shall constitute a normal working day.

What is included in the normal working day under clause (a) of sub-section (1) of Section 13?

One or more specified intervals.

What may the appropriate Government provide under clause (b) of sub-section (1) of Section 13?

A day of rest in every period of seven days.

How frequently shall a day of rest be allowed under clause (b) of sub-section (1) of Section 13?

In every period of seven days.

To whom may a day of rest be allowed under clause (b) of sub-section (1) of Section 13?

All employees or any specified class of employees.

What else may the appropriate Government provide under clause (b) of sub-section (1) of Section 13?

Payment of remuneration in respect of the days of rest.

What may the appropriate Government provide under clause (c) of sub-section (1) of Section 13?

Payment for work on a day of rest.

At what rate shall payment be made for work on a day of rest under clause (c) of sub-section (1) of Section 13?

At a rate not less than the overtime rate.

To whom do the provisions of sub-section (1) apply only to the prescribed extent and conditions under sub-section (2) of Section 13?

The classes of employees specified in clauses (a) to (e).

To what extent do the provisions of sub-section (1) apply to the employees specified in sub-section (2) of Section 13?

Only to such extent and subject to such conditions as may be prescribed.

Which employees are covered under clause (a) of sub-section (2) of Section 13?

Employees engaged on urgent work or in any emergency which could not have been foreseen or prevented.

Which employees are covered under clause (b) of sub-section (2) of Section 13?

Employees engaged in preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned.

Which employees are covered under clause (c) of sub-section (2) of Section 13?

Employees whose employment is essentially intermittent.

Which employees are covered under clause (d) of sub-section (2) of Section 13?

Employees engaged in any work which for technical reasons has to be completed before the duty is over.

Which employees are covered under clause (e) of sub-section (2) of Section 13?

Employees engaged in work which could not be carried on except at times dependent on the irregular action of natural forces.

When is the employment of an employee "essentially intermittent" under sub-section (3) of Section 13?

When it is declared to be so by the appropriate Government.

Who declares employment to be essentially intermittent under sub-section (3) of Section 13?

The appropriate Government.

On what ground may the appropriate Government declare employment to be essentially intermittent under sub-section (3) of Section 13?

That the daily hours of duty of the employee, or where there are no daily hours of duty, 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.

What periods must normally be included in the hours of duty for employment to be declared essentially intermittent under sub-section (3) of Section 13?

Periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.

What is the subject matter of Section 14?

Overtime.

When does sub-section (1) of Section 14 apply?

Where an employee whose minimum rate of wages is fixed under this Act by the hour, by the day or by such longer wage-period as may be prescribed works in excess of the normal working day.

To which employees does sub-section (1) of Section 14 apply?

Employees whose minimum rate of wages is fixed by the hour, by the day or by such longer wage-period as may be prescribed.

What is the employer liable to pay under sub-section (1) of Section 14 when an employee works beyond the normal working day?

Overtime wages.

For which period is overtime payable under sub-section (1) of Section 14?

Every hour or part of an hour worked in excess of the normal working day.

At what rate shall overtime wages be paid under sub-section (1) of Section 14?

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.

Which overtime rate is payable where different rates are prescribed under the Act and another law under sub-section (1) of Section 14?

Whichever is higher.

What does sub-section (2) of Section 14 provide regarding the Factories Act, 1948?

Nothing in this Act shall prejudice the operation of section 59 of the Factories Act, 1948 (63 of 1948).

Which provision of the Factories Act, 1948 is saved by sub-section (2) of Section 14?

Section 59 of the Factories Act, 1948 (63 of 1948).

When does the saving under sub-section (2) of Section 14 apply?

Where section 59 of the Factories Act, 1948 is applicable.

What is the subject matter of Section 15?

Wages of worker who works for less than normal working day.

To which employees does Section 15 apply?

Employees whose minimum rate of wages has been fixed under this Act by the day.

When is an employee entitled to the benefit under Section 15?

When he works on any day for a period less than the requisite number of hours constituting a normal working day.

What is an employee entitled to receive under Section 15 if he works for less than a normal working day?

Wages as if he had worked for a full normal working day.

Subject to what condition is the entitlement under Section 15 available?

Save as otherwise hereinafter provided.

What does the proviso to Section 15 provide?

An employee shall not be entitled to receive wages for a full normal working day in the cases specified therein.

When is an employee not entitled to wages for a full normal working day under clause (i) of the proviso to Section 15?

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.

What must be the cause of the employee's failure to work for the exception under clause (i) of the proviso to Section 15 to apply?

His unwillingness to work.

What employer-related condition must be absent for clause (i) of the proviso to Section 15 to apply?

Omission of the employer to provide him with work.

When else is an employee not entitled to wages for a full normal working day under clause (ii) of the proviso to Section 15?

In such other cases and circumstances as may be prescribed.

What is the subject matter of Section 16?

Wages for two or more classes of work.

When does Section 16 apply?

Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable.

What is the employer required to pay under Section 16?

Wages at not less than the minimum rate in force in respect of each class of work.

How shall wages be calculated under Section 16 where an employee performs two or more classes of work?

In respect of the time respectively occupied in each class of work.

At what rate shall wages be paid for each class of work under Section 16?

At not less than the minimum rate in force in respect of that class of work.

What is the subject matter of Section 17?

Minimum time rate wages for piece work.

When does Section 17 apply?

Where an employee is employed on piece work for which a minimum time rate and not a minimum piece rate has been fixed under this Act.

What is the employer required to pay under Section 17?

Wages at not less than the minimum time rate.

Which minimum rate must be paid where only a minimum time rate has been fixed for piece work under Section 17?

The minimum time rate.

What is the subject matter of Section 18?

Maintenance of registers and records.

Who is required to maintain registers and records under sub-section (1) of Section 18?

Every employer.

What shall every employer maintain under sub-section (1) of Section 18?

Such registers and records as may be prescribed.

What particulars relating to employees shall be entered in the registers and records under sub-section (1) of Section 18?

Particulars of employees employed by him.

What particulars relating to work shall be entered in the registers and records under sub-section (1) of Section 18?

The work performed by the employees.

What particulars relating to wages shall be entered in the registers and records under sub-section (1) of Section 18?

The wages paid to the employees.

What particulars relating to receipts shall be entered in the registers and records under sub-section (1) of Section 18?

The receipts given by the employees.

What other particulars shall be entered in the registers and records under sub-section (1) of Section 18?

Such other particulars as may be prescribed.

In what form shall the registers and records be maintained under sub-section (1) of Section 18?

In such form as may be prescribed.

What shall every employer keep exhibited under sub-section (2) of Section 18?

Notices in the prescribed form containing prescribed particulars.

In what manner shall notices be exhibited under sub-section (2) of Section 18?

In such manner as may be prescribed.

Where shall notices be exhibited under sub-section (2) of Section 18?

In the factory, workshop or place where the employees in the scheduled employment may be employed.

Where shall notices relating to out-workers be exhibited under sub-section (2) of Section 18?

In the factory, workshop or place used for giving out-work to them.

In what form shall notices be exhibited under sub-section (2) of Section 18?

In the prescribed form.

What shall the notices contain under sub-section (2) of Section 18?

Prescribed particulars.

What may the appropriate Government provide for under sub-section (3) of Section 18?

The issue of wage books or wage slips to employees employed in scheduled employments.

How may the appropriate Government provide for the issue of wage books or wage slips under sub-section (3) of Section 18?

By rules made under this Act.

To which employees may wage books or wage slips be issued under sub-section (3) of Section 18?

Employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed.

What else may the appropriate Government prescribe under sub-section (3) of Section 18?

The manner in which entries shall be made and authenticated in wage books or wage slips.

Who shall make and authenticate entries in wage books or wage slips under sub-section (3) of Section 18?

The employer or his agent.

What is the subject matter of Section 19?

Inspectors.

Who may appoint Inspectors under sub-section (1) of Section 19?

The appropriate Government.

How are Inspectors appointed under sub-section (1) of Section 19?

By notification in the Official Gazette.

Whom may the appropriate Government appoint as Inspectors under sub-section (1) of Section 19?

Such persons as it thinks fit.

What shall the appropriate Government define while appointing Inspectors under sub-section (1) of Section 19?

The local limits within which they shall exercise their functions.

Subject to what are the powers of an Inspector under sub-section (2) of Section 19?

Rules made in this behalf.

Where may an Inspector exercise his powers under sub-section (2) of Section 19?

Within the local limits for which he is appointed.

What power is conferred on an Inspector under clause (a) of sub-section (2) of Section 19?

To enter any premises or place where employees are employed or work is given out to out-workers.

At what time may an Inspector enter premises under clause (a) of sub-section (2) of Section 19?

At all reasonable hours.

With whom may an Inspector enter premises under clause (a) of sub-section (2) of Section 19?

Such assistants, if any, being persons in the service of the Government or any local or other public authority, as he thinks fit.

Which premises may an Inspector enter under clause (a) of sub-section (2) of Section 19?

Premises or places 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.

For what purpose may an Inspector enter premises under clause (a) of sub-section (2) of Section 19?

To examine registers, records of wages or notices required to be kept or exhibited under this Act or the rules.

What documents may an Inspector examine under clause (a) of sub-section (2) of Section 19?

Registers, records of wages or notices required to be kept or exhibited under this Act or the rules.

What may an Inspector require under clause (a) of sub-section (2) of Section 19?

Production of registers, records of wages or notices for inspection.

Whom may an Inspector examine under clause (b) of sub-section (2) of Section 19?

Any person found in the premises or place whom he has reasonable cause to believe is an employee employed therein or an employee to whom work is given out therein.

What belief must an Inspector have before examining a person under clause (b) of sub-section (2) of Section 19?

Reasonable cause to believe that the person is an employee employed therein or an employee to whom work is given out therein.

Whom may an Inspector require to furnish information under clause (c) of sub-section (2) of Section 19?

Any person giving out-work and any out-worker.

What information may an Inspector require under clause (c) of sub-section (2) of Section 19?

Information regarding the names and addresses of the persons to, for and from whom the work is given out or received.

What other information may an Inspector require under clause (c) of sub-section (2) of Section 19?

Information with respect to the payments to be made for the work.

What power is conferred on an Inspector under clause (d) of sub-section (2) of Section 19?

To seize or take copies of registers, records of wages or notices or portions thereof.

Which documents may an Inspector seize or copy under clause (d) of sub-section (2) of Section 19?

Registers, records of wages or notices or portions thereof.

When may an Inspector seize or take copies of documents under clause (d) of sub-section (2) of Section 19?

When he considers them relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer.

What other powers may an Inspector exercise under clause (e) of sub-section (2) of Section 19?

Such other powers as may be prescribed.

What is the status of an Inspector under sub-section (3) of Section 19?

A public servant within the meaning of the Bharatiya Nyaya Sanhita, 2023.

Within the meaning of which law is an Inspector deemed to be a public servant under sub-section (3) of Section 19?

Bharatiya Nyaya Sanhita, 2023.

Who is deemed to be legally bound to produce documents or give information under sub-section (4) of Section 19?

Any person required to produce any document or thing or to give any information by an Inspector under sub-section (2).

Under which provisions of the Bharatiya Nyaya Sanhita is such person deemed to be legally bound under sub-section (4) of Section 19?

Sections 210 and 211 of the Bharatiya Nyaya Sanhita.

What is the subject matter of Section 20?

Claims.

Who may appoint the Authority under sub-section (1) of Section 20?

The appropriate Government.

How is the Authority appointed under sub-section (1) of Section 20?

By notification in the Official Gazette.

Who may be appointed as the Authority under sub-section (1) of Section 20?

Any Commissioner for Workmen's Compensation.

Who else may be appointed as the Authority under sub-section (1) of Section 20?

Any officer of the Central Government exercising functions as a Labour Commissioner for any region.

What is the minimum rank of a State Government officer who may be appointed as the Authority under sub-section (1) of Section 20?

Not below the rank of Labour Commissioner.

Who else may be appointed as the Authority under sub-section (1) of Section 20?

Any other officer with experience as a Judge of a Civil Court or as a stipendiary Magistrate.

For what area is the Authority appointed under sub-section (1) of Section 20?

Any specified area.

What claims may the Authority hear and decide under sub-section (1) of Section 20?

All claims arising out of payment of less than the minimum rates of wages.

What additional claims may the Authority hear and decide under sub-section (1) of Section 20?

Claims in respect of 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.

What further claims may the Authority hear and decide under sub-section (1) of Section 20?

Claims in respect of wages at the overtime rate under section 14.

To whom must the claims under sub-section (1) of Section 20 relate?

Employees employed or paid in the specified area.

When may an application be made under sub-section (2) of Section 20?

Where an employee has any claim of the nature referred to in sub-section (1).

Who may apply to the Authority under sub-section (2) of Section 20?

The employee himself.

Who else may apply to the Authority under sub-section (2) of Section 20?

A legal practitioner authorised to act on behalf of the employee.

Who else may apply to the Authority under sub-section (2) of Section 20?

An official of a registered trade union authorised in writing to act on behalf of the employee.

Who else may apply to the Authority under sub-section (2) of Section 20?

An Inspector.

Who else may apply to the Authority under sub-section (2) of Section 20?

Any person acting with the permission of the Authority.

For what purpose may an application be made under sub-section (2) of Section 20?

For a direction under sub-section (3).

Within what period shall an application be presented under the first proviso to sub-section (2) of Section 20?

Within six months from the date on which the minimum wages or other amount became payable.

From which date is the limitation period computed under the first proviso to sub-section (2) of Section 20?

The date on which the minimum wages or other amount became payable.

When may an application be admitted after six months under the second proviso to sub-section (2) of Section 20?

When the applicant satisfies the Authority that he had sufficient cause for not making the application within that period.

Who must be satisfied before admitting a delayed application under the second proviso to sub-section (2) of Section 20?

The Authority.

What is the subject matter of sub-section (3) of Section 20?

Powers of the Authority on entertaining an application.

What shall the Authority do when an application is entertained under sub-section (3) of Section 20?

Hear the applicant and the employer or give them an opportunity of being heard.

What may the Authority do after hearing the parties under sub-section (3) of Section 20?

Make such further inquiry as it may consider necessary.

Without prejudice to what may the Authority issue directions under sub-section (3) of Section 20?

Any other penalty to which the employer may be liable under this Act.

What may the Authority direct under clause (i) of sub-section (3) of Section 20 in a claim arising out of payment of less than the minimum rates of wages?

Payment to the employee of the amount by which the minimum wages payable exceed the amount actually paid.

What additional amount may the Authority direct under clause (i) of sub-section (3) of Section 20?

Such compensation as it may think fit.

What is the maximum compensation that may be awarded under clause (i) of sub-section (3) of Section 20?

Not exceeding ten times the amount of such excess.

What may the Authority direct under clause (ii) of sub-section (3) of Section 20 in any other case?

Payment of the amount due to the employee.

What additional amount may the Authority direct under clause (ii) of sub-section (3) of Section 20?

Such compensation as it may think fit.

What is the maximum compensation that may be awarded under clause (ii) of sub-section (3) of Section 20?

Not exceeding ten rupees.

Can the Authority award compensation if the employer pays the excess or amount due before disposal of the application under sub-section (3) of Section 20?

Yes.

What is the subject matter of sub-section (4) of Section 20?

Penalty for malicious or vexatious applications.

When may the Authority impose a penalty under sub-section (4) of Section 20?

When it is satisfied that the application was malicious or vexatious.

Upon whom may the Authority impose a penalty under sub-section (4) of Section 20?

The person presenting the application.

To whom shall the penalty under sub-section (4) of Section 20 be paid?

The employer.

What is the maximum penalty that may be imposed under sub-section (4) of Section 20?

Fifty rupees.

What is the subject matter of sub-section (5) of Section 20?

Recovery of amounts directed to be paid.

How may an amount be recovered under clause (a) of sub-section (5) of Section 20 where the Authority is a Magistrate?

By the Authority as if it were a fine imposed by the Authority as a Magistrate.

How may an amount be recovered under clause (b) of sub-section (5) of Section 20 where the Authority is not a Magistrate?

By any Magistrate to whom the Authority makes an application, as if it were a fine imposed by such Magistrate.

What is the subject matter of sub-section (6) of Section 20?

Finality of the Authority's direction.

What is the effect of every direction of the Authority under sub-section (6) of Section 20?

It shall be final.

What is the subject matter of sub-section (7) of Section 20?

Powers of the Authority.

What powers does every Authority appointed under sub-section (1) have under sub-section (7) of Section 20?

All the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the specified purposes.

For what purpose does the Authority have the powers of a Civil Court under sub-section (7) of Section 20?

Taking evidence.

For what other purpose does the Authority have the powers of a Civil Court under sub-section (7) of Section 20?

Enforcing the attendance of witnesses.

For what other purpose does the Authority have the powers of a Civil Court under sub-section (7) of Section 20?

Compelling the production of documents.

Under which Code does the Authority derive the powers of a Civil Court under sub-section (7) of Section 20?

The Code of Civil Procedure, 1908 (5 of 1908).

For what purposes is every Authority deemed to be a Civil Court under sub-section (7) of Section 20?

For all the purposes of section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Under which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the Authority deemed to be a Civil Court under sub-section (7) of Section 20?

Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What is the subject matter of Section 21?

Single application in respect of a number of employees.

Subject to what condition may a single application be presented under sub-section (1) of Section 21?

Subject to such rules as may be prescribed.

Under which provision may a single application be presented under sub-section (1) of Section 21?

Section 20.

On whose behalf may a single application be presented under sub-section (1) of Section 21?

On behalf of or in respect of any number of employees.

In respect of which employees may a single application be presented under sub-section (1) of Section 21?

Employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed.

What is the maximum compensation that may be awarded in a single application under sub-section (1) of Section 21 in a claim for payment of less than the minimum rates of wages?

Not exceeding ten times the aggregate amount of such excess.

What is the maximum compensation that may be awarded in other cases under sub-section (1) of Section 21?

Ten rupees per head.

What is the subject matter of sub-section (2) of Section 21?

Disposal of separate pending applications as a single application.

What may the Authority do under sub-section (2) of Section 21?

Deal with any number of separate pending applications as a single application.

Under which provision must the separate pending applications have been presented under sub-section (2) of Section 21?

Section 20.

In respect of which employees may separate pending applications be dealt with as a single application under sub-section (2) of Section 21?

Employees in the scheduled employments in respect of which minimum rates of wages have been fixed.

As what may the Authority treat separate pending applications under sub-section (2) of Section 21?

As a single application presented under sub-section (1).

Which provisions apply where separate pending applications are treated as a single application under sub-section (2) of Section 21?

The provisions of sub-section (1).

What is the subject matter of Section 22?

Penalties for certain offences.

Who is punishable under Section 22?

Any employer committing the offences specified in clauses (a) or (b).

What offence is specified under clause (a) of Section 22?

Paying to any employee less than the minimum rates of wages fixed for that employee's class of work.

What other offence is specified under clause (a) of Section 22?

Paying to any employee less than the amount due to him under the provisions of this Act.

What offence is specified under clause (b) of Section 22?

Contravening any rule or order made under section 13.

What is the maximum term of imprisonment under Section 22?

Six months.

What is the maximum fine under Section 22?

Five hundred rupees.

What are the punishments prescribed under Section 22?

Imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both.

What shall the Court take into consideration under the proviso to Section 22 while imposing fine?

The amount of any compensation already awarded against the accused in proceedings under section 20.

In which proceedings may compensation have been awarded for the purpose of the proviso to Section 22?

Proceedings taken under section 20.

What is the subject matter of Section 22A?

General provision for punishment of other offences.

Who is punishable under Section 22A?

Any employer.

What offence is punishable under Section 22A?

Contravention of any provision of this Act or of any rule or order made thereunder.

When does Section 22A apply?

Where no other penalty is provided for such contravention by this Act.

What is the maximum punishment under Section 22A?

Fine which may extend to five hundred rupees.

What is the subject matter of Section 22B?

Cognizance of offences.

What does sub-section (1) of Section 22B deal with?

Conditions for taking cognizance of offences.

When shall no Court take cognizance of an offence under clause (a) of section 22 under clause (a) of sub-section (1) of Section 22B?

Unless an application in respect of the facts constituting the offence has been presented under section 20, has been granted wholly or in part, and the appropriate Government or an authorised officer has sanctioned the making of the complaint.

Under which provision must an application be presented before cognizance of an offence under clause (a) of section 22 can be taken under clause (a) of sub-section (1) of Section 22B?

Section 20.

To what extent must the application under section 20 be allowed under clause (a) of sub-section (1) of Section 22B?

Wholly or in part.

Whose sanction is required before a complaint for an offence under clause (a) of section 22 can be made under clause (a) of sub-section (1) of Section 22B?

The appropriate Government or an officer authorised by it in this behalf.

When shall no Court take cognizance of an offence under clause (b) of section 22 under clause (b) of sub-section (1) of Section 22B?

Except on a complaint made by, or with the sanction of, an Inspector.

When shall no Court take cognizance of an offence under section 22A under clause (b) of sub-section (1) of Section 22B?

Except on a complaint made by, or with the sanction of, an Inspector.

Who may make a complaint for an offence under clause (b) of section 22 or section 22A under clause (b) of sub-section (1) of Section 22B?

An Inspector.

Whose sanction is sufficient for a complaint under clause (b) of section 22 or section 22A under clause (b) of sub-section (1) of Section 22B?

An Inspector.

What does sub-section (2) of Section 22B deal with?

Limitation for taking cognizance of offences.

Within what period must a complaint for an offence under clause (a) or clause (b) of section 22 be made under clause (a) of sub-section (2) of Section 22B?

Within one month of the grant of sanction under this section.

From which date is the limitation computed for offences under clause (a) or clause (b) of section 22 under clause (a) of sub-section (2) of Section 22B?

The date of the grant of sanction under this section.

Within what period must a complaint for an offence under section 22A be made under clause (b) of sub-section (2) of Section 22B?

Within six months of the date on which the offence is alleged to have been committed.

From which date is the limitation computed for an offence under section 22A under clause (b) of sub-section (2) of Section 22B?

The date on which the offence is alleged to have been committed.

What is the subject matter of Section 22C?

Offences by companies.

When does sub-section (1) of Section 22C apply?

Where the person committing an offence under this Act is a company.

Who is deemed to be guilty under sub-section (1) of Section 22C where the offender is a company?

Every person who, at the time the offence was committed, was in charge of and responsible to the company for the conduct of its business, as well as the company.

At what point of time must a person be in charge of the company to be liable under sub-section (1) of Section 22C?

At the time the offence was committed.

For what must a person be responsible to the company to incur liability under sub-section (1) of Section 22C?

The conduct of the business of the company.

Who is liable to be proceeded against under sub-section (1) of Section 22C?

The company and every person in charge of and responsible for the conduct of its business.

Who is liable to be punished under sub-section (1) of Section 22C?

The company and every person in charge of and responsible for the conduct of its business.

What defence is available under the proviso to sub-section (1) of Section 22C?

That the offence was committed without the person's knowledge or that he exercised all due diligence to prevent its commission.

When is a person not liable to punishment under the proviso to sub-section (1) of Section 22C?

If he proves that the offence was committed without his knowledge.

What is the other ground on which a person escapes liability under the proviso to sub-section (1) of Section 22C?

He exercised all due diligence to prevent the commission of the offence.

What does sub-section (2) of Section 22C begin with?

Notwithstanding anything contained in sub-section (1).

When does sub-section (2) of Section 22C apply?

Where an offence under this Act has been committed by a company and the offence is proved to have been committed with the consent, connivance or neglect of specified officers.

Whose consent makes an officer liable under sub-section (2) of Section 22C?

The consent of any director, manager, secretary or other officer of the company.

Whose connivance makes an officer liable under sub-section (2) of Section 22C?

The connivance of any director, manager, secretary or other officer of the company.

Whose neglect makes an officer liable under sub-section (2) of Section 22C?

The neglect of any director, manager, secretary or other officer of the company.

Which officers may be held liable under sub-section (2) of Section 22C?

Any director, manager, secretary or other officer of the company.

What is the liability of the officers specified in sub-section (2) of Section 22C?

They shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

What does Explanation (a) to Section 22C define?

Company.

What is meant by "company" under Explanation (a) to Section 22C?

Any body corporate and includes a firm or other association of individuals.

Does the term "company" under Explanation (a) to Section 22C include a firm?

Yes.

Does the term "company" under Explanation (a) to Section 22C include an association of individuals?

Yes.

What does Explanation (b) to Section 22C define?

Director.

Who is a "director" in relation to a firm under Explanation (b) to Section 22C?

A partner in the firm.

What is the subject matter of Section 22D?

Payment of undisbursed amounts due to employees.

What amounts are covered under Section 22D?

All amounts payable by an employer to an employee as minimum wages under this Act or otherwise due under this Act or any rule or order made thereunder.

Who is required to deposit the undisbursed amounts under Section 22D?

The employer.

When shall amounts be deposited under Section 22D?

Where the amounts could not or cannot be paid to the employee.

Why may amounts be incapable of being paid under Section 22D?

On account of the employee's death before payment.

What is the other circumstance in which amounts shall be deposited under Section 22D?

Where the employee's whereabouts are not known.

With whom shall the undisbursed amounts be deposited under Section 22D?

The prescribed authority.

How shall the prescribed authority deal with the amounts deposited under Section 22D?

In such manner as may be prescribed.

What is the subject matter of Section 22E?

Protection against attachment of assets of employer with Government.

What amount deposited with the Government is protected under Section 22E?

Any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government.

What other amount is protected under Section 22E?

Any other amount due to the employer from the appropriate Government in respect of such contract.

For what purpose must the amount be deposited under Section 22E?

To secure the due performance of a contract with the appropriate Government.

Is the amount protected under Section 22E liable to attachment under any decree or order of any Court?

No.

In respect of which liabilities is attachment prohibited under Section 22E?

Any debt or liability incurred by the employer other than a debt or liability towards an employee employed in connection with the contract.

What is the exception to the protection against attachment under Section 22E?

A debt or liability incurred by the employer towards any employee employed in connection with the contract.

Towards which employees does the exception under Section 22E apply?

Employees employed in connection with the contract with the appropriate Government.

What is the subject matter of Section 22F?

Application of Payment of Wages Act, 1936, to scheduled employments.

What does sub-section (1) of Section 22F begin with?

Notwithstanding anything contained in the Payment of Wages Act, 1936 (4 of 1936).

Who may issue a notification under sub-section (1) of Section 22F?

The appropriate Government.

How may the appropriate Government apply the Payment of Wages Act, 1936 under sub-section (1) of Section 22F?

By notification in the Official Gazette.

Subject to what are the powers under sub-section (1) of Section 22F?

The provisions of sub-section (2).

What may the appropriate Government direct under sub-section (1) of Section 22F?

That all or any of the provisions of the Payment of Wages Act, 1936 shall apply to wages payable to employees in specified scheduled employments.

May the provisions of the Payment of Wages Act, 1936 be applied with modifications under sub-section (1) of Section 22F?

Yes, with such modifications, if any, as may be specified in the notification.

To which wages may the provisions of the Payment of Wages Act, 1936 be applied under sub-section (1) of Section 22F?

Wages payable to employees in such scheduled employments as may be specified in the notification.

Where must the scheduled employments be specified under sub-section (1) of Section 22F?

In the notification.

When is an Inspector appointed under this Act deemed to be an Inspector under the Payment of Wages Act, 1936 under sub-section (2) of Section 22F?

Where all or any of the provisions of the Payment of Wages Act, 1936 are applied to wages payable to employees in a scheduled employment under sub-section (1).

Who is deemed to be the Inspector for enforcement under sub-section (2) of Section 22F?

The Inspector appointed under this Act.

For what purpose is the Inspector deemed to be an Inspector under sub-section (2) of Section 22F?

For enforcement of the provisions of the Payment of Wages Act, 1936 as applied under sub-section (1).

Within what limits may the Inspector enforce the applied provisions under sub-section (2) of Section 22F?

Within the local limits of his jurisdiction.

What is the subject matter of Section 23?

Exemption of employer from liability in certain cases.

When does Section 23 apply?

Where an employer is charged with an offence against this Act.

What is an employer entitled to do under Section 23?

Have the actual offender brought before the Court.

How may an employer seek exemption under Section 23?

Upon complaint duly made by him.

Whom may the employer have brought before the Court under Section 23?

Any other person whom he charges as the actual offender.

When shall the actual offender be brought before the Court under Section 23?

At the time appointed for hearing the charge.

What must first be proved before the employer can claim exemption under Section 23?

The commission of the offence.

What must the employer prove under clause (a) of Section 23?

That he has used due diligence to enforce the execution of this Act.

What must the employer prove under clause (b) of Section 23?

That the other person committed the offence without his knowledge, consent or connivance.

Without whose knowledge must the offence have been committed under clause (b) of Section 23?

The employer's.

Without whose consent must the offence have been committed under clause (b) of Section 23?

The employer's.

Without whose connivance must the offence have been committed under clause (b) of Section 23?

The employer's.

What is the consequence if the employer proves the conditions under clauses (a) and (b) of Section 23?

The other person shall be convicted of the offence.

What punishment is the actual offender liable to under Section 23?

The like punishment as if he were the employer.

What is the consequence for the employer after proving the conditions under Section 23?

The employer shall be discharged.

What does the proviso to Section 23 permit the employer to do?

Be examined on oath.

Whose evidence is subject to cross-examination under the proviso to Section 23?

The evidence of the employer or his witness, if any.

By whom may the employer or his witness be cross-examined under the proviso to Section 23?

By or on behalf of the person charged as the actual offender and by the prosecution.

What is the subject matter of Section 24?

Bar of suits.

What does Section 24 provide?

No Court shall entertain any suit for the recovery of wages in the cases specified therein.

When is a suit barred under clause (a) of Section 24?

Where the sum claimed forms the subject of an application under section 20 presented by or on behalf of the plaintiff.

Under which provision must the application have been presented for the bar under clause (a) of Section 24 to apply?

Section 20.

By whom may the application under clause (a) of Section 24 be presented?

By or on behalf of the plaintiff.

When is a suit barred under clause (b) of Section 24?

Where the sum claimed has formed the subject of a direction under section 20 in favour of the plaintiff.

Under which provision must the direction have been issued for the bar under clause (b) of Section 24 to apply?

Section 20.

In whose favour must the direction have been made under clause (b) of Section 24?

The plaintiff.

When is a suit barred under clause (c) of Section 24?

Where the sum claimed has been adjudged in proceedings under section 20 not to be due to the plaintiff.

What must have been adjudged under clause (c) of Section 24?

That the sum claimed is not due to the plaintiff.

Under which provision must the proceedings have been held for the bar under clause (c) of Section 24 to apply?

Section 20.

When is a suit barred under clause (d) of Section 24?

Where the sum claimed could have been recovered by an application under section 20.

What is the subject matter of Section 25?

Contracting out.

What contracts or agreements are covered under Section 25?

Any contract or agreement made before or after the commencement of this Act.

When may the contract or agreement have been made under Section 25?

Before or after the commencement of this Act.

What right may an employee relinquish under Section 25?

His right to a minimum rate of wages.

What other benefit may an employee relinquish or reduce under Section 25?

Any privilege or concession accruing to him under this Act.

What is the effect of a contract or agreement by which an employee relinquishes or reduces his right to minimum wages under Section 25?

It shall be null and void.

To what extent is a contract or agreement void under Section 25?

In so far as it purports to reduce the minimum rate of wages fixed under this Act.

What is the subject matter of Section 26?

Exemptions and exceptions.

What power is conferred on the appropriate Government under sub-section (1) of Section 26?

To direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

To whose wages may the provisions of this Act not apply under sub-section (1) of Section 26?

Disabled employees.

Subject to what may the appropriate Government issue a direction under sub-section (1) of Section 26?

Such conditions, if any, as it may think fit to impose.

Who may impose conditions under sub-section (1) of Section 26?

The appropriate Government.

What power is conferred on the appropriate Government under sub-section (2) of Section 26?

To direct that the provisions of this Act or any of them shall not apply in specified cases.

When may the appropriate Government exercise the power under sub-section (2) of Section 26?

If for special reasons it thinks so fit.

How shall the direction under sub-section (2) of Section 26 be issued?

By notification in the Official Gazette.

Subject to what may the direction under sub-section (2) of Section 26 be issued?

Such conditions as the appropriate Government may specify.

For what period may the exemption under sub-section (2) of Section 26 be granted?

Such period as may be specified by the appropriate Government.

To whom may the exemption under sub-section (2) of Section 26 apply?

All or any class of employees employed in any scheduled employment.

To which locality may the exemption under sub-section (2) of Section 26 apply?

Any locality where there is carried on a scheduled employment.

What power is conferred on the appropriate Government under sub-section (2A) of Section 26?

To direct that the provisions of this Act or any of them shall not apply in relation to specified employees.

What opinion must the appropriate Government form before issuing a direction under sub-section (2A) of Section 26?

That it is not necessary to fix minimum wages having regard to the terms and conditions of service applicable to the employees.

To whose terms and conditions of service may the appropriate Government have regard under sub-section (2A) of Section 26?

Any class of employees in a scheduled employment generally, in a scheduled employment in a local area, or in any establishment or part of an establishment in a scheduled employment.

In respect of which employees may the direction under sub-section (2A) of Section 26 be issued?

Employees of a class or employees in an establishment or part of an establishment receiving wages exceeding the prescribed limit.

What wage condition must be satisfied for exemption under sub-section (2A) of Section 26?

The employees must be in receipt of wages exceeding the prescribed limit.

How shall the direction under sub-section (2A) of Section 26 be issued?

By notification in the Official Gazette.

Subject to what may the direction under sub-section (2A) of Section 26 be issued?

Such conditions, if any, as the appropriate Government may think fit to impose.

To whom does sub-section (3) of Section 26 apply?

A member of the employer's family living with and dependent on the employer.

What does sub-section (3) of Section 26 provide?

Nothing in this Act shall apply to the wages payable by an employer to such member of his family.

What two conditions must a family member satisfy under sub-section (3) of Section 26?

He or she must be living with the employer and be dependent on him.

What does the Explanation to sub-section (3) of Section 26 define?

Member of the employer's family.

Who is included in the employer's family under the Explanation to sub-section (3) of Section 26?

His or her spouse.

Who is included in the employer's family under the Explanation to sub-section (3) of Section 26?

His or her child.

Who is included in the employer's family under the Explanation to sub-section (3) of Section 26?

His or her parent.

Who is included in the employer's family under the Explanation to sub-section (3) of Section 26?

His or her brother.

Who is included in the employer's family under the Explanation to sub-section (3) of Section 26?

His or her sister.

What is the subject matter of Section 27?

Power of State Government to add to Schedule.

Who may add an employment to the Schedule under Section 27?

The appropriate Government.

To which Part of the Schedule may an employment be added under Section 27?

Either Part of the Schedule.

What must the appropriate Government give before adding an employment to the Schedule under Section 27?

Not less than three months' notice of its intention.

How shall the notice under Section 27 be given?

By notification in the Official Gazette.

What is the minimum notice period under Section 27?

Not less than three months.

How may the appropriate Government add an employment to the Schedule under Section 27?

By notification in the Official Gazette.

Which employment may be added to the Schedule under Section 27?

Any employment in respect of which the appropriate Government is of the opinion that minimum rates of wages should be fixed under this Act.

What is the effect of adding an employment under Section 27?

The Schedule shall, in its application to the State, be deemed to be amended accordingly.

What is the subject matter of Section 28?

Power of Central Government to give directions.

Who may give directions under Section 28?

The Central Government.

To whom may directions be given under Section 28?

A State Government.

For what purpose may directions be given under Section 28?

As to the carrying into execution of this Act in the State.

What is the subject matter of Section 29?

Power of the Central Government to make rules.

Who may make rules under Section 29?

The Central Government.

Subject to what condition may rules be made under Section 29?

Previous publication.

How shall the Central Government make rules under Section 29?

By notification in the Official Gazette.

What may the Central Government prescribe under Section 29 regarding members of the Central Advisory Board?

The term of office of the members.

What may the Central Government prescribe under Section 29 regarding the conduct of business of the Central Advisory Board?

The procedure to be followed in the conduct of business.

What may the Central Government prescribe under Section 29 regarding voting in the Central Advisory Board?

The method of voting.

What may the Central Government prescribe under Section 29 regarding casual vacancies in the Central Advisory Board?

The manner of filling up casual vacancies in membership.

What may the Central Government prescribe under Section 29 regarding meetings of the Central Advisory Board?

The quorum necessary for the transaction of business.

What is the subject matter of Section 30?

Power of appropriate Government to make rules.

Who may make rules under sub-section (1) of Section 30?

The appropriate Government.

For what purpose may rules be made under sub-section (1) of Section 30?

For carrying out the purposes of this Act.

Subject to what condition may rules be made under sub-section (1) of Section 30?

Previous publication.

How shall the appropriate Government make rules under sub-section (1) of Section 30?

By notification in the Official Gazette.

What does sub-section (2) of Section 30 provide?

Matters for which rules may be made without prejudice to the generality of the rule-making power.

What may be prescribed under clause (a) of sub-section (2) of Section 30 regarding committees and the Advisory Board?

The term of office of the members.

What may be prescribed under clause (a) of sub-section (2) of Section 30 regarding the conduct of business?

The procedure to be followed in the conduct of business.

What may be prescribed under clause (a) of sub-section (2) of Section 30 regarding voting?

The method of voting.

What may be prescribed under clause (a) of sub-section (2) of Section 30 regarding casual vacancies?

The manner of filling up casual vacancies in membership.

What may be prescribed under clause (a) of sub-section (2) of Section 30 regarding meetings?

The quorum necessary for the transaction of business.

To which bodies does clause (a) of sub-section (2) of Section 30 apply?

Committees, sub-committees and the Advisory Board.

What may be prescribed under clause (b) of sub-section (2) of Section 30?

The method of summoning witnesses.

What other matter may be prescribed under clause (b) of sub-section (2) of Section 30?

Production of documents relevant to the subject-matter of the enquiry.

Before which bodies are the enquiries referred to in clause (b) of sub-section (2) of Section 30 conducted?

Committees, sub-committees and the Advisory Board.

What may be prescribed under clause (c) of sub-section (2) of Section 30?

The mode of computation of the cash value of wages in kind and concessions in respect of supplies of essential commodities at concession rates.

What may be prescribed under clause (d) of sub-section (2) of Section 30?

The time and conditions of payment of wages and the deductions permissible from wages.

What may be provided under clause (e) of sub-section (2) of Section 30?

Adequate publicity to the minimum rates of wages fixed under this Act.

What may be provided under clause (f) of sub-section (2) of Section 30?

A day of rest in every period of seven days and payment of remuneration in respect of such day.

What may be prescribed under clause (g) of sub-section (2) of Section 30?

The number of hours of work constituting a normal working day.

What may be prescribed under clause (h) of sub-section (2) of Section 30?

The cases and circumstances in which an employee working for less than the requisite number of hours constituting a normal working day shall not be entitled to wages for a full normal working day.

What may be prescribed under clause (i) of sub-section (2) of Section 30?

The form of registers and records and the particulars to be entered therein.

What may be provided under clause (j) of sub-section (2) of Section 30?

The issue of wage books and wage slips.

What else may be prescribed under clause (j) of sub-section (2) of Section 30?

The manner of making and authenticating entries in wage books and wage slips.

What may be prescribed under clause (k) of sub-section (2) of Section 30?

The powers of Inspectors for the purposes of this Act.

What may be regulated under clause (l) of sub-section (2) of Section 30?

The scale of costs that may be allowed in proceedings under section 20.

What may be prescribed under clause (m) of sub-section (2) of Section 30?

The amount of court-fees payable in respect of proceedings under section 20.

What may be provided under clause (n) of sub-section (2) of Section 30?

Any other matter which is to be or may be prescribed.

What is the subject matter of Section 30A?

Rules made by Central Government to be laid before Parliament.

What shall be laid before Parliament under sub-section (1) of Section 30A?

Every rule made by the Central Government under this Act.

When shall every rule made by the Central Government be laid before Parliament under sub-section (1) of Section 30A?

As soon as may be after it is made.

Before whom shall every rule made by the Central Government be laid under sub-section (1) of Section 30A?

Each House of Parliament.

For what total period shall a rule remain before Parliament under sub-section (1) of Section 30A?

Thirty days.

In how many sessions may the thirty-day period be comprised under sub-section (1) of Section 30A?

One session or two successive sessions.

What is the effect if both Houses agree to modify a rule under sub-section (1) of Section 30A?

The rule shall thereafter have effect only in the modified form.

What is the effect if both Houses agree that a rule should not be made under sub-section (1) of Section 30A?

The rule shall thereafter be of no effect.

What is the effect of modification or annulment on acts already done under a rule under sub-section (1) of Section 30A?

It shall be without prejudice to the validity of anything previously done under that rule.

What is the subject matter of sub-section (2) of Section 30A?

Laying of State Government rules before the State Legislature.

What shall be laid before the State Legislature under sub-section (2) of Section 30A?

Every rule made by the State Government under this Act.

When shall every rule made by the State Government be laid before the State Legislature under sub-section (2) of Section 30A?

As soon as may be after it is made.

Before whom shall every rule made by the State Government be laid under sub-section (2) of Section 30A?

The State Legislature.

What is the subject matter of Section 31?

Validation of fixation of certain minimum rates of wages.

What is the first validation period under clause (a) of Section 31?

From 1st April, 1952 to the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954).

What is the second validation period under clause (b) of Section 31?

From 31st December, 1954 to the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957).

What is the third validation period under clause (c) of Section 31?

From 31st December, 1959 to the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961).

Under what belief must the minimum rates of wages have been fixed for Section 31 to apply?

In the belief or purported belief that they were being fixed under clause (a) of sub-section (1) of section 3.

Which provision is referred to in Section 31 for the fixation of minimum rates of wages?

Clause (a) of sub-section (1) of section 3 as in force immediately before the commencement of the relevant Amendment Act.

What is the effect of Section 31 on the minimum rates of wages so fixed?

They shall be deemed to have been fixed in accordance with law.

Can the validated minimum rates of wages be questioned in any court under Section 31?

No.

On what ground are the validated minimum rates protected from challenge under Section 31?

Merely that the relevant date specified in clause (a) of sub-section (1) of section 3 had expired when the rates were fixed.

What does the proviso to Section 31 provide?

Nothing in this section shall impose any punishment or penalty for specified acts during the validation periods.

Does the proviso to Section 31 impose punishment for payment of wages below the validated minimum rates during the specified periods?

No.

Does the proviso to Section 31 impose punishment for non-compliance with orders or rules issued under section 13 during the specified periods?

No.