6 Offences and Penalties
Employing or permitting any child to work
in violation of Sec. 3
-Imprisonment for not less than 3 months
which may extend to 1 year or fine not less
than Rs. 10,000/- which may extend to Rs.
20,000/- or both.
repetition of violation of Sec.3
-Imprisonment for not less than 6 months
which may extend to 2 years
Failure to give notice under sec.9, or failure
to maintain register as prescribed under
sec.11, or failure to display a notice as
required u/s 12, or failure to comply with or
contravention of any other provision.
(Sec.14 (3))
-Simple imprisonment which may extend to
1 month, or fine up to Rs.10, 000/- or both.
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3.7 The Minimum Wages Act, 1948
3.7.1
Object
– to provide minimum rates of wages,
statutorily fixed, with a view to avoid the
chances of exploitation of poor labourers, it
also fixes the daily hours of work, overtime,
weekly rest, etc. having over riding effect on
agreement or award.
3.7.2 Scope and Coverage
– it applies to the scheduled employment
(Part I&II) irrespective of the number of
employees employed therein.
3.7.3 Wages
means all remuneration capable of being
expressed in terms of money, be payable to
a person, on fulfillment of the contract of
employment in respect of the work done in
such employment, which includes basic
wages, dearness allowance, house rent
allowance and value of other concession etc.
but it does not include T.A., contribution
paid by the employer to the P.F., Pension
Fund, Gratuity payable on discharge, value
of any house accommodation, supply of
light, water, medical attendance, or any
other amenity.
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Legal Aspects of Hospital Management –
Dr. B.G. Maniar
3.7.4 Payment
–wages payable under the Act should be
paid in cash. The Appropriate Government
may allow the payment partly in cash and
partly in kind according to the prevailing
custom, but the rate cannot be less than the
prescribed, and no deduction other than the
prescribed by the law.
Govt. may fix rate of time work, piece work,
and different classes of work.
3.7.5 Fixation of wages, working hours
The State Government is empowered to fix
wages for different classes of workmen –
skilled, semi skilled, unskilled, clerical,
supervisory, etc. employed in Scheduled
employment and can review or revise the
same from time to time, the interval between
the two revision shall not exceed five years,
considering the change in price index and
dearness allowance.
3.7.6 Methods of fixing, revising the rates
of Minimum Wages by -
1. Appointment of Committee – it holds inquiry
and advice in respect of such fixation or revision as
the case may be;
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Legal Aspects of Hospital Management – Dr. B.G. Maniar
2. Issue of Notification – in Official Gazette,
publish its proposals for the information of persons
likely to affect thereby and specify a date, not less
than two months from the date of the notification,
on which the proposals will be taken in to
consideration
After considering the advice of the
committee and representation received by it
before the date specified in the notification
as the case may be, the appropriate Govt.
shall by notification in Official Gazette fix
or revise the rate of Minimum Wages.
Central as well as State Govt. have
appointed the Advisory Boards to coordinate the work of the committees and
advising generally in the matter of fixing
and revision of the rates of minimum wages.
These Boards, Committees shall consist of
persons, nominated by the Govt.,
equally
representing the employers and employees
in the Scheduled Employment and 1/3 of its
total members shall be independent and one
of them shall be appointed as the Chairman.
The Govt. may fix the number of working
hours, over-time, and wages for the over
time, rest interval, weekly holiday with
wages, etc.
