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Unit 9: Minimum Wages Act, 1948

9.4 Offences and Penalties Notes

According to Section 22 of the Minimum Wages Act, any employer who paid his employees less
than the minimum wages fixed by the appropriate government is punishable with imprisonment
and fine. The term of imprisonment may extend to six months or with fine. The fine may be
extended to 500 rupees. The employers are also punishable with both imprisonment and fine.
Fixing Hours for a Normal Working Day to Pay Minimum Wages to Employees

According to Section 13 of the Minimum Wages Act, the government may fix the number of
work in a normal working day. One or more specified intervals are included here. The
government may also provide a day of rest in a week. The employees are paid at a rate for the
rest day also as provided by the government which shall not be less than the overtime rate.
These provisions include the following classes of schedule employees:
(i) Employees engaged in emergency which could not be prevented or those employees who are
engaged in urgent work.
(ii) There are some complementary or preparatory works which should be carried on outside
the limits fixed by the employer. The employees working in such types of works are included in
this provision.

(iii) There are some works which have to be completed for some technical reasons before the
duty is over. The employees engaged in such work are also included in this provision.
(iv) Sometime there are such work which could not be done except at times dependent on the
irregular action of the natural forces. The employees engaged in these type of works are included
in this provision.

(v) It also included those employees whose employment is necessarily intermittent. Their
working hours include period of inaction i.e. the employee is not called upon to present physically
though he is on duty.
Section 22 of the Act provides that any employer who (a) pays to any employee less than the
minimum rates of wages fixed for that employee‘s class of work or less than the amount due to
him under the provisions of this Act or contravenes any rule or order made under Section 13,
shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to five hundred rupees or with both.
While imposing any fine for an offence under this section the court shall take into consideration
the amount of any compensation already awarded against the accused in any proceedings taken
under section 20.
It is further stipulated under Section 22A of the Act that any employer who contravenes any
provision of this Act or of any rule or order made there under shall if no other penalty is
provided for such contravention by this Act be punishable with fine which may extend to five
hundred rupees.

When there exists a dispute between the employer and employee arising out of payment less
than the minimum wage rate, the appropriate government appoints an authority to hear and
decide claim. The authority may be a Commissioner for workmen’s compensation, any officer
of the Central Government who works as Labour Commissioner for any region, an officer equal
to the rank of a Labour Commissioner from the State government and a Judge of a Civil Court.

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