Page 282 - DMGT516_LABOUR_LEGISLATIONS

Unit 11: Minimum Wages Act, 1948

Offences and Penalties (Sec. 22 and 22-A) Notes

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 provision of the Act, or

b) contravenes any rule or order made under Sec. 13, shall be punishable with imprisonment
which may extend to six months or with fine which may extend to 500, or with both. In
imposing any such fine, the court shall take into consideration, the amount of any
compensation already awarded against the accused in any proceedings taken under
Sec. 20.
An employer who contravenes any provision of the Act or any rule and order made thereunder,
if no other penalty is provided for the contravention by the Act, be punishable with fine, which
may extend to five hundred rupees.
In imposing any such fine, the court shall take into consideration the amount of any compensation
already awarded against the accused in any proceedings taken under Sec. 20.
Any employer who contravenes any provision of the Act or any rule or order made thereunder
shall, if no other penalty is provided for such contravention by the Act, be punishable with fine,
which may extend to five hundred rupees.
Cognizance of offences (Sec. 22 B): No court shall take cognizance of a complaint against any
person for an offence:
a) involving payment of less than the minimum wages, unless all application in respect of
the facts constituting such offence has been duly presented under Sec. 20 and granted and
the appropriate government or an officer authorised by it in this behalf has sanctioned the
making of the complaint;

b) involving contravention of any rule or order made under Sec. 13 or Sec. 22 A except on a
complaint made by, or with the sanction of, an Inspector.
Further, no court shall take cognizance of an offence:

i) under Sec. 22 unless complaint thereof is made within one month of the grant of
sanction.
ii) unless complaint thereof is made within six months of the date on which the offence
is alleged to have been committed.

Offence by Companies (Sec. 22C)

If the person committing any offence under the Act is a company, every person who, at the time
the offence was committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company as well as the company shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly. Such person
shall not be liable to any punishment provided in the Act if he proves that the offence was
committed without his knowledge, or that he exercised all due diligence to prevent the
commission of such offence.
Where an offence under the Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable to any neglect
on the part of any director, manager, secretary or other officer of the company, such director,
manager, secretary or officer of the company shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.

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