Regn. No. KERBIL/2012/45073
dated 5-9-2012 with RNI
Reg. No. KL/TV(N)/634/2015S-17
©
CGHOB M008
Government of Kerala
CGHOB MAM
KERALA GAZETTE
BRMMIWIOSMo
EXTRAORDINARY
BHUNAIMNAAION = (asMVIEdMays}aMjmMo
PUBLISHED BY AUTHORITY
2017 aa&csomud 20
OND} UMA, 20th October 2017 yaa
eee = ougsl 1193 @M}EI90 4 2243
Vol. VI Thiruvananthapuram, _ 4th Thulam 1193 _ No.
; Friday . 1939 @QHwWiNMo 28
28th Aswina 1939
GOVERNMENT OF KERALA
Law (Legislation-C) Department
NOTIFICATION
No. 22340/Leg. C2/2016/Law. 20th October, 2017
Dated, Thiruwvananthapuram, — 4th Thulam, 1193
28th Aswina, 1939.
The following Act of the Kerala State Legislature is hereby published
for general information. The Bill as passed by the Legislative Assembly
received the assent of the President on the 28th day of September, 2017.
By order of the Governor,
B. G. HARINDRANATH,
Law Secretary.
33/3648/2017/S-23.
Regn. No. KERBlL/ZOI2/45073
duted 5-9-20I2 with RNl
W7-
©
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Govemment of Kerala
20l7
(stoma mmmd'
KERALA GAZETTE
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EXTRAORDINARY
mwlaocolasmomfl Lmovlenoflsgmgamfi
PUBLISHED BY AUTHORITY
2011 aaicsosmd zo
“mammalian. 20th October 2017 moms
("095° 6 “”221 1199 (memo 4 2243
Vol VI Thiruvananthapuram. W No.
' Friday _ 1939 mmnmo 28
28th Aswina 1939
GOVERNMENT OF KERALA
Law (Legislation-C) Department
NOTIFICATION
No. 22340/Leg. C2/2016/Law. 20th October. 201 7
Dated. Thirm'unanthupurum. 4th Thu/am, 1193
28th Axwinu. I939.
The following Act of the Kerala State Legislature is hereby published
for general information. The Bill as passed by the Legislative Assembly
received the assent of the President on the 28th day of September. 2017.
By order of the Governor.
B. (l HARINDRANATH.
Law Secrelury.
33/3648/201 7/3-23.
ACT 23 OF 2017
THE MINIMUM WAGES (KERALA AMENDMENT) ACT, 2017
An Act further to amend the Minimum Wages Act, 1948.
Preamble.—WuerEAs, it is expedient further to amend the Minimum
Wages Act, 1948 (Central Act 11 of 1948) in its application to the
State of Kerala for the purposes hereinafter appearing;
BE it enacted in the Sixty-eighth Year of the Republic of India as
follows:—
_ 1. Short title, extent and commencement.—(1) This Act may be
called the Minimum Wages (Kerala Amendment) Act, 2017.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Amendment of Section 20.—In section 20 of the Minimum
Wages Act, 1948 (Central Act 11 of 1948) (hereinafter referred to as the
principal Act),—
(a) in sub-section (1), for the words “or any officer of the
State Government not below the rank of a Labour Commissioner”, the
words “or any officer of the State Government not below the rank of a
Deputy Labour Commissioner” shall be substituted;
(b) in sub-section (4), for the words “fifty rupees”, the words
“one hundred rupees” shall be substituted;
(c) in sub-section (5), for clause (b), the following clause shall
be substituted, namely:—
“(b) if the Authority is not a Magistrate, by the Authority,
as if it were arrears of revenue due on land, without prejudice to any
other mode of recovery.”.
2
ACT 23 OF 2017
THE MINIMUM WAGES (KERALA AMENDMENT) ACT, 2017
An Actfin'ther to amend the Minimum Wages Act. 1948.
Preamble—WHERms. it is expedient further to amend the Minimum
Wages Act, 1948 (Central Act 11 of 1948) in its application to the
State of Kerala for the purposes hereinafter appearing;
BE it enacted in the Sixty-eighth Year of the Republic of India as
follows:—
. _ 1. Short title, extent and c0mmeneement.—(1) This Act may be
called the Minimum Wages (Kerala Amendment) Act. 2017.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Amendment of Section 20.—In section 20 of the Minimum
Wages Act. 1948 (Central Act 1] of 1948) (hereinafier referred to as the
principal Act),—
(a) in sub-section (1), for the words "or any officer of the
State Government not below the rank of a Labour Commissioner”, the
words “or any officer of the State Government not below the rank of a
Deputy Labour Commissioner” shall be substituted;
(b) in sub-section (4). for the words “fifty rupees". the words
“one hundred rupees” shall be substituted;
(c) in sub-section (5), for clause (b), the following clause shall
be substituted, namely:—
“(b) if the Authority is not a Magistrate, by the Authority,
as if it were arrears of revenue due on land. without prejudice to any
other mode of recovery".
3. Amendment of Section 22.—In section 22 of the principal Act,
for the words “five hundred rupees” the words “one lakh rupees” shall be
substituted.
4. Substitution of Section 22A.—For section 22A of the principal
Act, the following section shall be substituted, namely:—
“22A. General Provision for punishment of other offences.—
(1) Whoever contravenes the provisions of this Act or the rules
made thereunder shall be punishable with fine which may extend to
two lakh rupees and in the case of a continuing contravention, with an
additional fine which may extend to two thousand rupees for every day
during which such contravention continues:
Provided that the total amount of fine shall not exceed two thousand
rupees per worker employed.
(2) If any person who has been convicted of any offence
punishable under sub-section (1) is again guilty of an offence involving a
contravention or failure of compliance of the same provision, he shall be
punishable on a subsequent conviction with fine which shall not be less
than one lakh rupees but which may extend to five lakh rupees.
(3) Notwithstanding anything contained in sub-section (2) of
section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974), it shall be lawful for the Magistrate to impose a fine for an amount
exceeding ten thousand rupees.”.
"PRINTED AND PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GOVERNMENT CENTRAL PRESS. THIRUVANANTHAPURAM. 2017.
3
3. Amendment of Section 22.—ln section 22 of the principal Act.
for the words "five hundred rupees” the words “one lakh rupees” shall be
substituted.
4. Substitution of Section 22A.—For section 22A of the principal
Act, the following section shall be substituted, namely:—
"22A. General Provision for punishment of other offences.—
(l) Whoever contravenes the provisions of this Act or the rules
made thereunder shall be punishable with fine which may extend to
two lakh rupees and in the case of a continuing contravention, with an
additional tine which may extend to two thousand rupees for every day
during which such contravention continues:
Provided that the total amount of fine shall not exceed two thousand
rupees per worker employed.
(2) If any person who has been convicted of any offence
punishable under sub-section (1) is again guilty of an offence involving a
contravention or failure of compliance of the same provision, he shall be
punishable on a subsequent conviction with fine which shall not be less
than one lakh rupees but which may extend to five lakh rupees.
(3) Notwithstanding anything contained in sub-section (2) of
section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974). it shall be lawful for the Magistrate to impose a fine for an amount
exceeding ten thousand rupees”.
_ >|’RINTED AND PUBLISHED av THE sTrfimrENDENT or GOVERNMEN r masses
AT THE GOVERNMENT CENTRAL PRESS. THIRUVANANTHAPURAM. 20.7,