| [Madhya Pradesh Act 23 of 1961] |
(Received the assent of the President on the 6th June, 1961)
An Act further to amend the Minimum Wages Act, 1948 (11 of 1948) in its application to the State of Madhya Pradesh and to validate fixation and revision of minimum wages in certain scheduled employments
Be it enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India as follows:-
1. Short title.-This Act may be called the Minimum Wages (Madhya Pradesh Amendment and Validation) Act, 1961.
2. Amendment of Section 2.-In Section 2 of the Minimum Wages Act, 1948 (11 of 1948), (hereinafter referred to as the Principal Act) the clause (i) shall be renumbered as clause (ee) and to the clause (ee) as so renumbered the following Explanation shall be added, namely:
"Explanation.-An employee who has been dismissed, discharged or retrenched from employment or whose employment has been otherwise terminated shall, in respect of all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of Section 13 or of wages at the overtime rate under Section 14 during the period of his employment be deemed to be an employee for the purpose of this Act.".-Vide M.P. Act 23 of 1961.
3. Amendment of Section 3.-(1) In Section 3 of the Principal Act, in sub-section (1),-
(a) the proviso to sub-clause (ii) of clause (a) shall be omitted; and
(b) after sub-clause (iii), the following provisos shall be inserted, namely:-
"Provided that where for any reason, the State Government has not fixed the minimum rates of wages in respect of any scheduled employment within the periods specified in sub-clauses (i), (ii) and (iii) it may, by notification, extend from time to time, the said periods by further period not exceeding three years in the aggregate in each case:
Provided further that the State Government may, instead of fixing minimum rates of wages under sub-clauses (i), (ii) and (iii) for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment or category or categories of employees in such employment in the whole State or part thereof.";
(2) To sub-section (1-A), the following provisos shall be added, namely:-
"Provided that, where for any reason the State Government has not fixed the minimum rates of wages in respect of any scheduled employment within the period specified in this sub-section, the State Government may, by notification, extend from time to time, the said period by a further period not exceeding one year in the aggregate:
Provided further that the State Government may, instead of fixing minimum rates of wages under this sub-section for the whole State, fix such rates for a part of the State or for any specified class or classes of such employment or category or categories of employees in such employment in the whole State or part thereof."
(3) After sub-section (1-A), the following sub-section shall be inserted, namely:-
"(1-B) Notwithstanding anything contained in sub-section (1) the State Government may, at the time of review under clause (b) of that sub-section,-
(a) split up the class or classes of such employment or category or categories of employees in such employment or amalgamate the class or classes of such employment or category or categories of employees in such employment and revise the minimum rates of wages fixed in respect thereof under sub-section (1);
(b) fix the minimum rates of wages for the class or classes of such employment or category or categories of employees in such employment as were not in existence at the time of fixing the minimum rates under sub-section (1) or were in existence but were not covered by such fixation;
(c) fix the minimum rates of wages, mentioned under clause (a) or clause (b), for the whole State or for any such part thereof for which they were not fixed under sub-section (1) or extend the minimum rates fixed under sub-section (1) for any part of the State, to the whole State or any other part thereof.".
4. Amendment of Section 9.-In Section 9 of the Principal Act-
(1) After the words "and independent persons", the words "including officers of Government" shall be inserted;
(2) for the words "such independent persons" the words "such independent persons or such officers of Government" shall be substituted; and
(3) the following proviso and the Explanation shall be inserted, namely:-
"Provided that the number of officers of Government shall not exceed two.
Explanation.-In this section-
(i) ‘a person representing employer’ shall mean-
(a) an employer; or
(b) an officer of an association of employers; or
(c) an officer of a federation of association of employers to which the association referred to in clause (b) is affiliated;
(ii) ‘a person representing employees’ shall mean-
(a) an employee; or
(b) an officer of a trade union functioning in the scheduled employment; or
(c) an officer of a federation of trade unions in the State to which the trade union referred to in clause (b) is affiliated."
5. Insertion of new Section 9-A.-After Section 9 of the Principal Act, the following shall be inserted, namely:-
"9-A. Finality of orders constituting Board, Committee, sub-committee, etc.-No order of the State Government nominating any person as a Chairman or a member of the Advisory Board or a committee or sub-committee shall be called in question in any manner and no act or proceeding in any manner in any court of law on the grounds merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, committee or sub-committee."
6. Amendment of Section 12.-In Section 12 of the Principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-
"(1-A) Where immediately before the issue of a notification under Section 5 fixing or revising the minimum rates of wages in respect of any scheduled employment, wages at a rate higher than the rate so fixed or revised, were payable under this Act, or under any law in force, then, notwithstanding anything contained in this Act, wages at such higher rate shall be payable to the employees in such scheduled employment and the wages so payable shall be deemed to be the minimum wages for the purposes of this Act."
7. Amendment of Section 14.-In Section 14 of the Principal Act after sub-section (1) the following sub-section shall be inserted, namely:-
"(1-A) The State Government may, by notification, fix the limit for overtime work in any scheduled employment subject to such conditions and restrictions as may be specified in the notification."
8. Amendment of Section 16.-In Section 16 of the Principal Act, for the words "in respect of the time respectively occupied in each class of work, wages at not less than the minimum rate in respect of each such class" the words "wages at the highest of the rates prescribed for such class" shall be substituted.
9. Amendment of Section 18.-In Section 18 of the Principal Act, after sub-section (3) the following sub-section shall be inserted, namely:
"(4) Every employer shall, in such scheduled employments as the State Government may, by notification, specify in this behalf, display a notice of period of work including overtime in respect of all or any of his employees in such manner as may be prescribed."
10. Insertion of new Section 18-A.-After Section 18 of the Principal Act, the following section shall be inserted, namely:-
"18-A. Chief Inspector.-The State Government may, by notification, appoint any person to be the Chief Inspector who shall exercise such powers and perform such duties throughout the State as may be prescribed."
11. Amendment of Section 19.-In Section 19 of the Principal Act-
(1) In sub-section (1), for the words "and define the local limits within which they shall exercise their functions" the words "specify the areas within which they shall exercise their respective jurisdictions" shall be substituted;
(2) In sub-section (2)-
(a) for the words "local limits for which he is appointed" the words "areas of his jurisdiction" shall be substituted;
(b) in clause (a), after the words "other public authority" the words "or such person representing employers or such person representing employees" shall be inserted; and
(c) after clause (e) the following Explanation shall be inserted, namely:-
"Explanation.-For the purpose of clause (a), the expressions ‘a person representing employer’ and ‘a person representing employees’ shall have the meanings assigned to those expressions in Section 9.".
12. Amendment of Section 20.-In Section 20 of the Principal Act-
(i) in the provisos to sub-section (2), for the words "six months" occurring twice, the words, "one year" shall be substituted, and
(ii) to sub-section (4) the following shall be added, namely:-
"Provided that nothing in this sub-section shall apply to any application filed by an Inspector under sub-section (2)."
13. Amendment of Section 22-B.-In Section 22-B of the Principal Act-
(i) in clause (a) of sub-section (1), for the words and figures "unless an application in respect of the facts constituting such offence has been presented under Section 20" the words and figures "unless a claim under Section 20 has been preferred before the Authority" shall be substituted; and
(ii) in sub-section (2) in clause (a), for the words "one month" the words "three months" shall be substituted.
14. Amendment of Section 22-F.-In Section 22-F of the Principal Act in sub-section (2) for the words "local limits" the words "area" shall be substituted.
15. Insertion of new Section 22-G.-After Section 22-F of the Principal Act, the following section shall be inserted, namely:-
"22-G. Registration of certain scheduled employment.-(1) Every employer shall in such scheduled employments as the State Government may, by notification, specify in this behalf, get his establishment registered in such manner and on payment of such fees as may be specified in this notification.
(2) Nothing in sub-section (1) shall apply to such establishment to which the provisions of the Factories Act, 1948 (63 of 1948) or the Madhya Pradesh Shops and Establishments Act, 1958 (25 of 1958) apply."
16. Amendment of Section 26.-In Section 26 of the Principal Act, after sub-section (2-A), the following sub-section shall be inserted, namely:-
"(2-AA) Where the State Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification and subject to such conditions, if any, as may be specified therein direct that all or any of the provisions of this Act shall not apply in relation to all or any class of employers in any scheduled employment.".
17. Amendment of Section 27.-For Section 27 of the Principal Act, Government after giving, by notification, not less than three months' notice of its intention so to do, may by like notification,-
(a) add to either part of the Schedule, any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this Act;
(b) modify or rescind any entry in either part of the Schedule;
and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly.
18. Insertion of new Sections 27-A and 27-B.-After Section 27 of the Principal Act, the following sections shall be inserted, namely:-
"27-A. Protection to persons acting under the Act.-No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything which is in good faith done or intended to be done under this Act.
27-B. Delegation of power.-(1) The State Government may by order, direct that any power other than the power exercisable by it under Sections 27 and 30, shall in such circumstances and in such manner, if any, as may be specified in the direction, be exercised by any officer not below the rank of Assistant Commissioner of Labour or authority subordinate to it.
(2) Nothing in the Act shall derogate from the right of the State Government to exercise any power delegated to any office or authority subordinate to it."
19. Insertion of new Section 30-A.-After Section 30 of the Principal Act, the following section shall be inserted, namely:-
"30-A. Removal of difficulties.-If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulties.".
20. Insertion of new Section 31-A.-After Section 31 of the Principal Act, the following section shall be inserted, namely:-
"31-A. Validation of certain minimum rates of wages.-(1) The rates of minimum wages fixed or revised in respect of employment Nos. 2, 3, 5, 6, 7, 8 and 11 in Part I of the Schedule to the Principal Act, under the Government of Madhya Pradesh, Labour Department, Notification Nos. 306 to 309-XVI-58, dated the 30th December, 1958, shall be and shall always be deemed to have been validly fixed or revised and shall be deemed to have come into force on the date mentioned in the said notification, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the Advisory Board under Section 7 of the Principal Act, read with Section 9 thereof or publication of the notification in the Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with the provisions of the Principal Act.
(2) The rates of minimum wages fixed or revised in respect of employment specified in Part II of the Schedule to the Principal Act under the Government of Madhya Pradesh, Labour Department, Notification No. 7758-XVI, dated the 31st December, 1959, shall be and shall always be deemed to have been validly fixed or revised, notwithstanding any defect or irregularity in the constitution of the Committee under Section 5(1)(a), of the Principal Act, read with Section 9 thereof, or publication of the notification in the Gazette or non-compliance with any other requirement of law and shall not be called in question in any court merely on the ground that there was failure to comply with the provisions of the Principal Act:
Provided that nothing contained in this section shall extend or be construed to extend to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during the period between the dates on which the aforesaid notification came into force and the date on which this Act comes into force, an amount which is less than the minimum rates of wages or less than the rates of wages immediately prevailing before the said notifications or by reason of non-compliance during the period aforesaid with any order or rule issued under Section 13 of the Principal Act.".
21. Renumbering of certain sections.-(a) Section 11 of the Principal Act shall be renumbered as Section 4-A.
(b) Section 18-A of the Principal Act shall be renumbered as Section 22-CC.
(c) Section 22-D of the Principal Act shall be renumbered as Section 23, and Section 23 of the Principal Act shall be renumbered as Section 22-D.