Page 284 - DMGT516_LABOUR_LEGISLATIONS

Unit 11: Minimum Wages Act, 1948

11.7 Powers of the Government Notes

Power to Grant Exemptions and Exceptions (Sec. 26)

The appropriate Government may:
i) direct that the provisions of this Act shall not apply in relation to the wages payable to
disabled employees;

ii) exempt by notification in the Official Gazette some specified scheduled employments
from the application of some or all of the provisions of the Act;
iii) direct that the provisions of the Act shall not apply to the wages payable by an employer
to a member of his family who is living with him and is dependent on him.
The appropriate government may direct by notification in the Official Gazette that the provisions
of this Act or any of them shall not apply in relation to the employees who are in receipt of
wages exceeding the prescribed limit.

Power to add to Schedule (Sec. 27)

The appropriate government, after giving notification in the Official Gazette not less than three
month’s notice of its intention so to do, may by a like notification add to the Schedule any
employment in respect of which it is of opinion that minimum rates of wages should be fixed
under this Act, and thereupon the Schedule shall in its applications to the State be deemed to be
amended accordingly.

Power to give Directions (Sec. 28)

The Central Government may give directions to a State Government regarding the execution of
this Act in the State.

Power to make Rules (Sec. 29)

The Central Government may, subject to the condition of previous publication, by notification
in the Official Gazette, make rules prescribing the term of office of the members, the procedure
to be followed in the conduct of business, the method of voting, the manner of filling up casual
vacancies in membership and the quorum necessary for the transaction of business of the Central
Advisory Board.

Power to make Rules (Sec. 30)

The appropriate government may, subject to the condition of previous publication, by notification
in the Official Gazette make rules for carrying out the purposes of this Act.

Obligation of Employers

Under the Act, it is the obligation of every employer to:
a) pay to every employee engaged in a scheduled employment under him the minimum
rates of wages in case fixed by the Government without any deduction, except as may be
authorised under the Payment of Wages Act, 1936;

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