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Section 7

Equal Remuneration Ordinance, 1975Ordinance · 1975

(1) The appropriate Government may, by notification in the OfH' cial Gazette, appoint such officers, not below the rank of a Labour Officer, JS it thinks fit to be the authorities for the purpose of hearing and deciding—

(a) complaints with regard to the contravention of any provision of this Ordinance;

(b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction.

(2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed.

(3) If any question arises as to whether two or more works are .of the same nature or of a similar nature, it shall be decided by the authority appointed under sub-section (1).

(4) Where a complaint or claim is entertained under subsection (1), the authority appointed under sub-section (1) may, after giving the applicant and the employer an opportunity of. being heard, and after such inquiry as it may consider necessary, direct,—

(i) in the case of a claim arising out of non-payment of wages at equal rates to men and women'workers for the same work or work of a similar nature, the payment to the worker of the amount by which the wages payable to him exceed the amount actually paid;

(ii) in the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this Ordinance.

(5) Save as otherwise provided in sub-section • (6), every authority appointed under sub-section (1) shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of. documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

(6) Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a complaint or claim may, 5 of 1908.

2 of 1974.

Power Of appropriate Government to appoint authorities for hearing and deciding claims and complaints.

SEC. 1] THE! GAZETTE OP INDIA EXTRAORDINARY 643 within thirty days from the date of the order, prefer an appeal to such authority as the appropriate government may, by notification in the Official Gazette, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further appeal shall lie against the order made by such authority.

(7) The authority referred to in sub-section (6) may, ii it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in sub-section (6), allow the appeal to be preferred within a further period of thirty days but not thereafter.

(8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947, shall apply for the recovery of monies due from an employer arising out of the decision of an authority appointed under this section.

14 of 1947.

CHAPTER III MISCELLANEOUS

8. On and from the commencement of this Ordinance, every employer shall maintain such registers in relation to the workers employed by him as may be prescribed.

9. (J) The appropriate Government may, by notification in the Official Gazette, appoint such persons as it may think fit to be Inspectors for the purpose of making an investigation as to whether the provisions of this Ordinance, or the rules made thereunder, are being complied with by employers, and may define the local limits within which an Inspector may make such investigation.

(2) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(3) An Inspector may, at any place within the local limits of his jurisdiction,—

(a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel;

(b) require any employer to produce any register, muster-roll or other documents relating to the employment of workers, and examine such document;

(c) take, on the spot or otherwise, the evidence of any person for the purpose of ascertaining whether the provisions of this Ordinance are being, or have been, complied with;

(d> examine the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the Inspector has reasonable cause to believe to be, or to have been, a worker in the establishment;

(e) make copies, or take extracts from, any register or other document maintained in relation to the establishment under this Ordinance.

Duty of employers to maintain registers.

Inspectors.

45 of 1860.

644 T H E GAZETTE OF INDIA EXTRAORDINARY [PAR* II—

(4) Any person required by an Inspector to produce any register or other document or to give any information shall comply with such requisition.

Where this provision sits

ActEqual Remuneration Ordinance, 1975
Section7
StatusIn force as published by the source

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