| [Maharashtra Act 3 of 1963]1 |
[Received the assent of the President on January 14, 1963]
An Act to amend the Minimum Wages Act, 1948, in its application to the State of Maharashtra
Whereas, it is expedient 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 Thirteenth Year of the Republic of India as follows:
1 Mah. Govt. Gaz. dt. 17-1-1963, Pt. IV, p. 9.
1. Short title.-This Act may be called the Minimum Wages (Maharashtra Amendment) Act, 1962.
2. Amendment of Section 2 of Act XI of 1948.-In Section 2 of the Minimum Wages Act, 1948 (hereinafter referred to as the "Principal Act"), in clause (i), for the words "and management of that other person", the words "and management of that other person; and includes for the purposes of Sections 20, 21, 22, 22-A, 22-B, 22-C and 22-D any person who has been an employee and who has ceased to be so by reason of superannuation, retirement, dismissal, removal, discharge, termination of his service, or otherwise howsoever;"shall be substituted.
3. Amendment of Section 3 of Act XI of 1948.-In Section 3 of the Principal Act, in sub-section (1), in clause (a), for the proviso the following shall be substituted, namely:-
"Provided that, the State Government may, instead of fixing minimum rates of wages under this clause for the whole State, fix such rates for a part of the State or for any specified class or classes of such employments in the whole of the State or any part thereof; 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."
4. Amendment of Section 13 of Act XI of 1948.-In Section 13 of the Principal Act,-
(a) in sub-section (1), after clause (a), the following shall be inserted, namely:-
"(aa) fix the number of hours of work which shall constitute a normal working week;"
(b) in sub-section (3), after the words "the appropriate Government" the words "or by an officer not below the rank of a Deputy Commissioner of Labour especially authorised by the State Government in this behalf" shall be inserted.
5. Amendment of Section 18 of Act XI of 1948.-In Section 18 of the Principal Act, in sub-section (3), after the words "wage slips", at both the places where they occur, the words "and attendance cards" shall be inserted.
6. Amendment of Section 20 of Act XI of 1948.-In Section 20 of the Principal Act, in sub-section (1), after the words "payment of less than the minimum rates of wages" the words, brackets and figures "or in respect of wages not paid within the time prescribed under sub-section (1) of Section 12" shall be inserted.
7. Amendment of Section 22 of Act XI of 1948.-In Section 22 of the Principal Act, in clause (a), after the words "provisions of this Act" the following shall be inserted, namely:-
"or fails to pay the wages within the time prescribed under sub-section (1) of Section 12."
8. Insertion of new Section 22-IA in Act XI of 1948.-After Section 22 of the Principal Act, the following new section shall be inserted, namely:-
"22-IA. Penalty for obstructing Inspector.-Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers, records or other documents in his custody kept in pursuance of this Act, and which he is required to produce by or under this Act shall, on conviction, be punished with fine which may extend to five hundred rupees.".
9. Amendment of Section 26 of Act XI of 1948.-In Section 26 of the Principal Act, to sub-section (2-A) the following proviso shall be added, namely:-
"Provided that, the powers of the State Government under this sub-section may, subject to the control of the State Government, be exercised by the Commissioner of Labour."
10. Amendment of Section 30 of Act XI of 1948.-In Section 30 of the Principal Act, in sub-section (2)-
(1) in clause (g), for the words "a normal working day" the words "a normal working day or week" shall be substituted;
(2) in clause (j), for the words "and wage slips" at both the places where they occur, the words "or wage slips and attendance cards" shall be substituted.
11. Amendment of Schedule to Act XI of 1948.-In the Schedule to the Principal Act, in Part I, in Entry 17, for the words "other than that covered" the words "not being an employment in any bank or an employment which is included", shall be substituted.