| [Maharashtra Act 10 of 1961] | [15th February, 1961] |
An Act further to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra
Whereas it is expedient further to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra for the purposes hereinafter appearing;
It is hereby enacted in the Eleventh Year of the Republic of India as follows:
1. Short title.-This Act may be called the Minimum Wages (Maharashtra Amendment) Act, 1960.
2. Amendment of Section 3 of Act XI of 1948.-In Section 3 of the Minimum Wages Act, 1948 (hereinafter referred to as "the Principal Act"),-
(1) in clause (a) of sub-section (1),-
(a) in sub-clause (i) the words, figures and letters "before the 31st day of December, 1959" shall be deleted; and the following proviso shall be added at the end, namely:
"Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix rates for a part of the State, and in the case of an employment under any local authority the State Government may fix such rates for any specified local authority, or class of local authorities;
(b) in sub-clause (ii) the words, figures and letters "before the 31st day of December, 1959" shall be deleted;
(c) in sub-clause (iii), the following proviso shall be added at the end, namely:
"Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State:
Provided further that, where the State Government has not for any reason fixed the minimum rates of wages in respect of any such employment before the expiry of one year from the date of such notification, nothing contained in this sub-clause shall, after the commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."
(2) to sub-section (1-A), the following proviso shall be added, namely:
"Provided that, where the State Government has not for any reason fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Maharashtra Amendment) Act, 1960, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."
3. Insertion of Section 21-A in Act XI of 1948.-After Section 21 of the Principal Act, the following section shall be inserted, namely:-
"21-A. Liability for payment of court-fee.-(1) In any proceedings under Section 20 the applicant shall not be liable to pay any court-fee (other than fees payable for service of process) in respect of such proceedings:
Provided that, when the application is presented by an Inspector, he shall not be liable to pay the process fees also.
(2) Where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (1), and direct the employer or other person responsible for the payment of wages under Section 12 to pay the amount to the State Government. The amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue."
4. Amendment of Section 22-B of Act XI of 1948.-In Section 22-B of the Principal Act, in sub-section (2), clause (b), the following shall be substituted, namely:-
"(b) under Section 22-A, unless the complaint thereof is made within six months of the date on which the offence becomes known to the inspector."
5. Amendment of Schedule to Act XI of 1948.-(1) In the Schedule to the Principal Act, in Part I, the following entries shall be deleted, namely-
(a) the entries:
(i) "Employment in salt-pan industry",
(ii) "Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948",
(iii) "Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work, or work incidental to such process or book-binding is carried on", and
(iv) "Employment in any cotton ginning or cotton pressing manufactory",
as added to the said Schedule in its application to the Bombay area of the State of Maharashtra;
(b) the entries-
(i) "13. Employment in glass industry",
(ii) "14. Employment in oil mills",
(iii) "15. Employment in transport services",
(iv) "16. Employment in cement industry",
(v) "17. Employment in potteries",
(vi) "18. Employment in any cotton ginning and pressing factory", and
(vii) "19. Employment in any printing press",
as added to the said Schedule in its application to the Vidarbha Region of the State;
(c) the entries-
(i) "13. The employment in button factories", and
(ii) "the employment in the cotton ginning and pressing factories",
as added to the Schedule in its application to the Hyderabad area of the State; and
(d) the entry-
"Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.
Explanation.-For the purposes of this entry, the expressions ‘shop’ and ‘commercial establishment’ shall have the same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948."
as added to the said Schedule in its application to the State of Maharashtra.
(2) In Part I of the Schedule to the Principal Act, after Entry 12, the following entries shall be deemed always to have been added to the said Part in its application to the State of Maharashtra, namely:-
"13. Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948.
14. Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such processes or book-binding is carried on.
15. Employment in any cotton ginning, cotton pressing manufactory.
16. Employment in glass industry.
17. Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.
Explanation.-For the purposes of this entry, the expressions ‘shop’ and ‘commercial establishment’ shall have the meanings respectively assigned to them in the Bombay Shops and Establishments Act, 1948.
18. Employment in potteries.".
(3) The deletion in pursuance of sub-section (1), of any entry specified in sub-clause (ii), (iii) or (iv) of clause (a), sub-clause (i), (ii), (iii), (v), (vi) or (vii) of clause (b), sub-clause (ii) of clause (c), or clause (d) of sub-section (1) shall not affect any minimum rates of wages which may have been fixed in respect of any employment specified in such entry under sub-clause (iii) of clause (a), sub-section (1) of Section 3 of the Principal Act before the commencement of this Act and in force in any area immediately before such commencement; and such rates shall, subject to the provisions of clause (b) of sub-section (1) of the said Section 3, continue in force in such area as if they had been fixed in respect of the corresponding employment specified in the Schedule to the Principal Act as amended by this section.