Page 287 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes India has ratified the ILO convention on Minimum Wage Fixing Machinery and has enacted
a central minimum wage legislation, known as Minimum Wages Act, 1948. As in other
countries, here also the need for fixing minimum wages arose from the conditions created
by the payment of low and sweated wages in the unorganised and organised sectors of
industries, and consequent need for protecting workers against exploitation.
The object of the Act is to promote the welfare of workers by fixing minimum rates of
wages in certain industries where labour is not organised and sweated labour is most
prevalent. The Act seeks to prevent exploitation of workers by ensuring that they are paid
the minimum wages, which would provide for their subsistence and preserve their
efficiency.
The appropriate Government is empowered to extend this Act to any other employment
in respect of which it is of the opinion that minimum rates of wages should be fixed under
the Act.
Employment in agriculture, that is to say, in any form of farming, including the cultivation
and tillage of the soil, dairy farming, the production, cultivation, growing and harvesting
of any agricultural or horticultural commodity, raising of livestock, bees and poultry, and
any practice performed by farmer or on a farm as incidental to or in conjunction with farm
operation (including any forestry or timbering operation, and the preparation for market
and delivery, to storage or to market or to carriage for transportation to market of farm
product.

The appropriate government may fix the minimum rates of wages payable to the
employees of scheduled employment, either for the whole State or a part of the State or for
any specified class or classes of such employment.
In fixing or revising minimum rates of wages, different rates may be fixed for (i) different
scheduled employments; (ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices; (iv) and different localities. Different
rates of minimum wages may also be fixed by anyone or more of the following wage
periods; by the hour, by the day, by the week, by the month or by a larger wage period as
may be prescribed.

For the purpose for co-ordinating the work of committees and sub-committees appointed
under Sec. 5 of the Act, and advising the appropriate Government generally in the matter
of fixing and revising minimum rates of wages, the appropriate Government shall appoint
an Advisory Board to function. It can devise its own procedure.
Where an employee is employed on piece work for which minimum time rate and not a
minimum piece rate has been fixed under the Act, the employer shall pay to such an
employee, wages at not less than the minimum time rate.

The appropriate government may, by rules made under the Act, provide for the issue of
wage books or wage slips to employees employed in any scheduled employment in
respect of which minimum rates of wages have been fixed. It may prescribe the manner in
which entries shall be made and authenticated in such wage books or wage slips by the
employer or his agent.
Any amount deposited with the appropriate government by an employer to secure the
due performance of a contract with that Government and any other amount due to such
employer from that Government in respect of such contract shall not be liable to attachment
under any decree or order of any court in respect of any debt or liability incurred by the
employer other than any debt or liability incurred by the employer toward any employee
employed in connection with the contract aforesaid.

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