Page 280 - DMGT516_LABOUR_LEGISLATIONS
P. 280

Unit 11: Minimum Wages Act, 1948




               which entries shall be made and authenticated in such wage books or wage slips by the  Notes
               employer or his agent.

          Enforcement of the Act

          Inspectors (Sec. 19): By notification in the Official Gazette, the appropriate government may
          appoint Inspectors, and define the local limits within which they shall exercise their functions.
          The Inspectors have to see that the provisions of the Act are complied with. For this, Inspectors
          are empowered to:
          i)   enter at all reasonable hours, with such assistance they may think fit, any premises or
               place where employees are employed, in respect of which minimum rates of wages have
               been fixed, for the purpose of examining any register, record of wages, or notice required
               to be kept or exhibited by or under this Act, or rules made thereunder, and require the
               production thereof for inspection;
          ii)  examine any person whom he  finds in  any such  premises or  place and  who, he has
               reasonable cause to believe, is an employee;
          iii)  require any person giving out work or any worker to give any information, which is in
               his power  to give, with respect to other persons and  for whom  the work  is given or
               received, and with respect to the payment to be made for the work;
          iv)  seize or take copies of such register, record of wages or notices as he may consider relevant,
               in respect of any offence under this Act, which he has reason to believe has been committed
               by an employer; and
          v)   exercise such other powers as may be prescribed (Sec. 19 (2)).

          Any  person required to produce any document  or thing or to give any information by  an
          Inspector under Sec. 19 (2) shall be deemed to be legally bound to do so within the meaning of
          Sec. 175 of the Indian Penal Code (Sec. 19 (4)).
          Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal
          Code, 1860 (Sec. 19 (3)).

          Claims (Sec. 20): The appropriate government, may by notification in Official Gazette, appoint
          an authority to hear and decide for any specified area all claims:
          a)   arising out of payment of less than the minimum rates of wages, or

          b)   for work done on days of rest, or
          c)   in respect of wages at the overtime rate to employees employed or paid in that area.

          Authority for Hearing and Deciding Claims

          The authority to be appointed may be:
          i)   any commissioner for workmen’s compensation;
          ii)  any officer of the Central Government exercising functions as Labour Commissioner for
               any region;
          iii)  any officer of the State Government not below the rank of a Labour Commissioner; or
          iv)  any other officer with an experience as a judge of a Civil Court or as a stipendiary Magistrate
               (Sec. 20 (I)).






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