Page 318 - DMGT516_LABOUR_LEGISLATIONS

Unit 13: Wage Legislation

Explanation for the Purpose of this Section Notes

a) “company” means any corporate body and includes a firm or other association of individuals;
or
b) “director”, in relation to a firm, means a partner in the firm. (Section 11).

Cognizance and Trial of Offences

1) No Court inferior to that of a metropolitan Magistrate or a judicial Magistrate of the first
class shall try any offence punishable under this Act.
2) No Court shall take cognizance of an offence punishable under this Act except upon:
a) its own knowledge or upon a complaint made by the appropriate Government or an
officer authorised by it in this behalf, or
b) a complaint made by the person aggrieved by the offence or by any recognised
welfare institution or organisation. (Section 12).
Power to make Rules

The Central Government may, by notification, make rules for carrying out the provisions of this
Act. (Section 13).
Act not to apply in special cases: Nothing in this Act shall apply:

a) to cases affecting the terms and conditions of a woman’s employment in complying with
the requirements of any law giving special treatment to women, or
b) to any special treatment accorded to women in connection with:

i) the birth or expected birth of a child, or
ii) the term and conditions relating to retirement, marriage or death or to any provision
made in connection with the retirement, marriage or death. (Section 15).

Power to make Declaration

Where the appropriate Government is, on a consideration of all the circumstances of the case,
satisfied that the differences in regard to the remuneration, or a particular species of remuneration,
of men and women workers in any establishment or employment is based on a factor other than
sex, it may, by notification, make a declaration to that effect that any act of the employer
attributable to such a difference shall not be deemed to be a contravention of any provision of
this Act. (Section 16).

Power to remove Difficulties

If any difficulty arises in giving effect to the provision of this Act, the Central Government may,
by notification make any order, not inconsistent with the provisions of this Act, which appears
to be necessary for the purpose of removing the difficulty: Provided that every such order shall,
as soon as may be, after it is made be laid before each House of Parliament. (Section 17).

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