| [Rajasthan Act 4 of 1969] |
[Received the assent of the President on the 3rd day of April, 1969]
An Act to amend the Minimum Wages Act, 1948, in its application to the State of Rajasthan and to validate fixation and revision of minimum wages in certain scheduled employments
Be it enacted by the Rajasthan State Legislature in the Twentieth Year of the Republic of India as follows:-
1. Short title.-This Act may be called the Minimum Wages (Rajasthan Amendment and Validation) Act, 1969.
2. Amendment of Section 9, Central Act 11 of 1948.-To Section 9 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), hereinafter referred to as the Principal Act, the following explanation shall be added and shall be deemed always to have been added, namely:-
"Explanation.-For the purposes of this section, an officer of the State Government shall be deemed to be ‘independent’ notwithstanding that the State Government is an employer in any scheduled employment.".
3. Insertion of new Section 9-A in Central Act 11 of 1948.-After Section 9 of the principal Act, the following new section 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 Chairman or a Member of the Advisory Board or a Committee or Sub-Committee shall be called in question in any manner and no action or proceedings before any Board, Committee or Sub-Committee shall be called in question in any manner in any Court of law on the ground merely of the existence of any vacancy in or of any defect or irregularity in the constitution of such Board, Committee or Sub-Committee.".
4. Insertion of new Section 31-A in Central Act 11 of 1948.-After Section 31 of the Principal Act, the following section shall be inserted, namely:-
"31-A. Validation of certain minimum rates of wages.-The rates of minimum wages fixed or revised before the commencement of the Minimum Wages (Rajasthan Amendment and Validation) Ordinance, 1968 in respect of employment Nos. 1, 2, 3, 5, 6, 7, 8, 10, 11, 13, 14, 16, 17 in Part I of the Schedule to the Act and employment in agriculture in Part II of the Schedule to the Act shall be and shall be deemed always to have been validly fixed or revised, as the case may be, and shall be deemed to have come into force on the date such fixation or revision has been brought into force by the State Government by a notification in the Official Gazette, notwithstanding any judicial decision to the contrary or any defect or irregularity in the constitution of the Committee or the Sub-Committee, or the Advisory Board under Section 5 or Section 7 of the Act read with Section 9 thereof or publication of the notification in the Official 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 Act."
Declared void in State of Rajasthan v. Duduwala and Company, Bhipwara, (1986) 1 LLN 221
.5. Repeal and saving.-(1) The Minimum Wages (Rajasthan Amendment and Validation) Ordinance, 1968 (Rajasthan Ordinance 4 of 1968) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.