SUKHDEV KUMAR MSW Dr.B.R.Ambedkar University AGRA UP INDIA

1. PRESENTED BY
SUKHDEV KUMAR
MSW III SEM.
ROLL NO. 35
MINIMUM WAGES ACT
1948

2. INTRODUCTION
 This act enforceable date 15 march 1948
after freedom of India.
 This act extends to whole of India (including
Jammu & Kashmir)
 The minimum wages act 1948 is the first
legislation in the India dealing with the
fixation of minimum rates of wages foe
scheduled employment.

3. Objective of this Act
The main aim of this act to provide
minimum wages to the worker.
To stop exploitation of the worker.
To apply this law on most of the
sectors in organised sector
(scheduled employment).

4. Eligibility
 Permanent employment.
 Casual worker.
 Trainees get stipend and not minimum
wages.
 Contract employees .
 People on probation get fixed pay
instead of minimum wages.

5. Appropriate government
Central government :-For all scheduled
employment carried on by or under the
authority of central government for
example – Railway, Mines, Oil fields,
Major ports or corporation established by
central government.
 State government:- For all other
scheduled employment.

6. Employer:- any person who employs
another person (either directly or through
another person) on his behalf or behalf of
another person. One or more employees in
any scheduled employment in respect of
which minimum rates of wages have been
fixed under this act.
Definitions

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i. Factory:- Manager of factory will be responsible for
minimum wages.[manager as per factory act 1948].
ii. Government SG/CG:- Central government/State
government appointed person for supervision and
control of employees then head of the department will
be responsible foe minimum wages.
iii. Local authority:- Any person appointed such
authority for the supervision and control of employees
or where not any person is so appointed then CEO of
the local authority will be responsible for minimum
wages.

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iv. In any other case:- Person who has
given power by the owner to supervision
and control the payment of wages to
employee.

9. Employee
Any person who is employed for higher or
reward to do any work skilled or unskilled,
manual or clerical work as per terms
(express/implied) and it includes and out
workers employed for washing, cleaning,
altering or repairing, finishing or ornament etc
for trade or business either at his home or at a
place not related to employer.
 The term employee, does not include any
member of the armed forces of union.

10. Wages
Wages means all remuneration capable of
being expressed in terms of money which is
payable after the fulfilments of terms of
employment whether expressed or implied
and includes house rent allounce but wages
does not include-
Any house accommodation, light supply,
water supply, medical attendance etc.

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Provident fund contribution by employers.
Travelling allounce.
Gratuity payable on discharge.
Any amount defray special expenses due to
nature of job.
Any amount specified by appropriate
government.

12. Fixation of minimum rates of
wages
 Appropriate government shall fix the minimum rates
of wages. The employees employed under part- I or
part- II of the schedule.
 The rates to be fixed need not be uniform. Different
rates can be fixed for different zones/localities.
 Appropriate government may not fix the minimum
rates of wages for a scheduled employment if
number of workers employed in that scheduled
employment within the state are less then 1000
worker.

13. Revision of MRW
AG a review and revise MRW at such intervals
not exceeding five years, the MRW so fixed
and revise the minimum rates if necessary.
Different minimum wages may be
fixed:-
Different scheduled employment.
Different classes of work in the same scheduled
employed.
Adults, Adolescent, children and apprentices.
Different localities.

14. Procedure for fixing and revising
minimum wages
AG can follow either of the two methods-
1. Committee method:- AG appoint any
committee and sub-committee to advise. After
considering the AG publish notification in the
official gazette to fix revise the MRW. The wage
rates shall come into force from such date. If no
date is specified the expiry of three months from
the date of the issue of the notification.

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2. Notification method:- AG publish its
proposal in the official gazette for the information
of person likely to be affected and specify a date not
less then two months from the date of notification
on which the proposal will be taken into
consideration. The representation received will be
considered by the AG. It will also consult the
advisory board and thereafter fix or revise the
minimum rates of wages by notification in the
official gazette.

16. Minimum wages- whether to be paid in
cash or kind
Minimum wages payable under this act shall
be paid in cash. But where it has been the
custom to be pay wages wholly or partly in
kind, the AG on being satisfied, ay approve
and authorize such payment.

17. Offences and penalties
Any employer who pays to any employee less
then the MRW fixed for that employee's
class of work or less then the amount due to
him under the provisions of this act shall be
punishable with imprisonment or a term
which may extend to 6 months or with fine
which may extend to 500 rupees or with
both.