Labour act
Querist :
Anonymous
(Querist) 06 January 2012
This query is : Resolved
Hi,
how to find the places Area (A,B,C) in minimum wages Act, what is the penalty if a company not pays the minimum wages
whether the penalty is applicable to company if they employee contrator
prabhakar singh
(Expert) 06 January 2012
1[22]. Penalties for certain offenses. - Any employer who, -
(a) Pays to any employee less than the minimum rates of wage fixed for employee's class of work, or less than the amount due to him under the provisions of this Act, or
(b) Contravenes any rule or order made under Sec. 13, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both:
Provided that in imposing any fine for an offense under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Sec. 20.
STATE AMENDMENT
Maharashtra. - In Sec. 22, in Cl. (a) after the words “provisions of this Act”, add the words or fails to pay the wage, within the time prescribed under sub-section (1) of Sec. 22.2
After Sec. 22, add the following new section, namely:
1. Subs. by Act 30 of 1957, Sec. 14,for Sec. 22 (w.ef. 17th September, 1957).
2. Vide Maharashtra Act III of 1963, Sec. 7 (w.ef. 14th January, 1963).
'22-I-A. Penalty for obstructing Inspector. - Whoever willfully 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.”1
1. Ibid. Sec. 8 (w.ef. 14th January, 1963).
22-A. General provision for punishment of other offenses. - Any employer, who contravenes any provision of this Act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this Act, be punishable with fine, which may extend to five hundred rupees.
22-B. Cognizance of offenses.–
(1) No Court shall take cognizance of a complaint against any person for an offense, -
(a) Under Cl. (a) of Sec. 22 unless an application in respect of the facts constituting such offense has been presented under Sec. 20 and has been granted wholly or in part, and the appropriate Government or an officer authorized by it in this behalf has sanctioned the making of the complaint;
(b) Under Cl. (b) of Sec. 23 or under Sec. 99-A, except on a complaint made by, or with the auction of, an inspector.
(2) No Court shall take cognizance of an offense, -
(a) Under Cl. (a) or Cl.(b) of Sec. 22, unless complaint thereof is made within one month of the grant of sanction under this section;
(b) Under Sec. 22-A, unless complaint thereof is made within six months of the date on which the offense is alleged to have been committed.
STATE AMENDMENTS
Bihar. -In Cl. (b) of sub-section (2) of Sec. 22-B of the said Act, the following proviso shall be inserted, namely:
“Provided that the Court, if it is satisfied that the State Government or any officer authorised by it in this behalf was prevented by sufficient cause from sanctioning the making of the complaint within the period specified in sub-section (2) shall condone the delay and allow the complaint to be made even after the expiry of the said period.”1
Gujarat. - In Sec. 22-B, for Cl. (b) of sub-section (2), substitute the following:
“(b) Under Sec. 22-A, unless the complaint there of is made within six months of the date on which the offense becomes known to the Inspector.”2
Madhya Pradesh. - In Sec. 22-B, -
(1) In sub-section (1), in Cl. (a), for the words “unless an application in respect of the facts constituting such offense has been presented under Sec. 20”, substitute the words “unless a claim under Sec. 20 has been preferred before the authority”; and
(2) In sub-section (2), Cl. (a), for the words “one month”, substitute the words “three months'. 3
Maharashtra. - Same as in Gujarat.4
1. Vide Bihar Act 9 of 1988, Sec. 4 (w.ef. 19th February, 1988).
2. Vide Gujarat Act 22 of 1961, Sec. 4 (w.ef. 18th May, 1961).
3. Vide M.P. Act 23 of 1961, Sec. 13 (w.ef. 26th June, 1961).
4. See Maharashtra Act of 1961, Sec. 4 (w.ef. 13th February, 1961).
Raj Kumar Makkad
(Expert) 06 January 2012
Costs
(1) The authority, for reasons to be recorded in writing, may direct that the cost of any proceeding before it shall not follow the event.
(2) The costs which may be awarded shall include -
(i) expenses incurred on account of court-fees;
(ii) expenses incurred on subsistence money to witnesses; and
(iii) pleader’s fees to the extent of ten rupees provided that the authority in any proceeding may reduce the fees to a sum not less than five rupees or for reasons to be recorded in writing increase it to a sum not exceeding twenty-five rupees.
(3) Where there are more than one pleaders or more than one applicants or opponents the authority may, subject as aforesaid, award to the successful party or parties such costs as it may deem proper.
10 times of minimum wages can be imposed over the employer in case of violation of provisions of Act as asked for.
Rajeev Kumar
(Expert) 06 January 2012
Prabhakar sir and Makkad have amply replied your query
Raj Kumar Makkad
(Expert) 07 January 2012
Thanks tom for your having been agree with us.
Deepak Nair
(Expert) 07 January 2012
Sufficiently advised by the experts.
