Rajasthan Minimum Wages Rules,1959 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1948
Jurisdiction	State of Rajasthan
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	labour

THE RAJASTHAN MINIMUM WAGES RULES,1959 CONSPECTUS

CHAPTER I Preliminary Rules

1. Short title and extent

2. Interpretation

CHAPTER 11 Membership, Meetings and Staff of the Boards & Committee

3. Term of office of members of the committee

4. Term of office of members of the Board.

4A. Nomination of substitute number.

5. Travelling Allowance.

6. Staff .

7. Eligibility for re-nomination of the members of the Committee and the Board

8. Resignation of the Chairman & members of the Committee & the Board and filling of casual vacancies.

9. Cession and restoration of membership.

10. Disqualification.

11. Meetings.

12. Notice of meetings

13. Chairman.

14. Chourum.

16. Disposal of business.

16. Method of voting

17. Proceedings of the Meeting.

CHAPTER Ill Summoning of witnesses by Committee or Board and production of documents

18. "Summoning of witness and production of documents.

19. Expenses of witness.

CHAPTER IV Computation & Payment of wages, hours of work and holidays

20. Mode of computation of the cash value or wages.

21. Time and conditions of payment of wages and the deductions permissible from wages.

22. Publicity to the minimum wages fixed under the Act.

23. Weekly day of rest.

24. Number of hours of work that shall constitute a working day.

24A.

25. Night shifts.

26. Extra wages for overtime.

CHAPTER V Forms of Registers & Records

27. Wage-Register and Slips.

27A. Preservation of Register

278. Production of Register and other Records.

CHAPTER VI Claims under the Act

28. Application,

29. Authorisation.

30. Appearance of parties.

CHAPTER VII Scale of cost of proceedings under the Act

31. Cost.

32. Court fee.

33. Exemption.

34. Repeal.

In exercise of the powers conferred by section 30 of the Minimum Wages Act, 1948 (Central Act Xl of 1948) the State Government hereby makes the following rules, the same having been previously published in Rajasthan Rajpatra, part 3 (b) at pages 191-218 dated the 5th Feb.,1959, as required by sub-section (1) of section 30 of the said Act.

THE RAJASTHAN MINIMUM WAGES RULES,19591

CHAPTER I Preliminary

1. Short title and extent-(1) These Rules may be called the Rajasthan Minimum Wages Rules,1959.

(2) They extend to the whole of the State of Rajasthan

2. Interpretation.-ln these rules, unless the context otherwise requires:-

(a) `Act' means the Minimum Wages Act,1948 (Central Act Xl of 1948);

(b) `Day' means a period of twenty four hours beginning at mid-night;

(d) 'Board' means the Advisory Board appointed under section 7;

(e) 'Chairman' means the Chairman of the Advisory Board or the Committee as the case may be. appointed under section 9;

(f) 'Committee' means a Committee appointed under clause (a) of sub-section (1) of section 5 and includes sub-committee appointed under that section;

(g) `Form' means a form appended to these rules;

(h) `lnspector' means a person appointed as Inspector under section 19;

(i) `Registered Trade Union' means a trade Union registered under the Indian Trade Unions Act, 1926;

ti) 'Section' means a section of the Act, and

(k) All other words and expressions used herein and not defined shall have the meaning respectively assigned to them in the Act.

CHAPTER 11 Membership, meetings and staff Of the Board and Committee

3. Term of office Of members of the Committee-The term of office of the members of Committee shall be such as in the opinion of the State Government is necessary for completing the enquiry into the scheduled employment concerned and the State Government may, at the time of the constitution of a Committee fix such term and may, from time to time, extend it as circumstances may require.

4. Term of office of members of the Board-(1) Save as otherwise expressly provided in these rules the term of office of a non-official member of the Board shall be two years commencing on the date of his nomination:

Provided that such member shall notwithstanding the expiry of the said period of two years, continue to hold office until his successor is nominated.

(2) A non official member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated.

(3) The official members of the Board shall hold office during the pleasure of the State Government.

24A. Nomination of substitute member-lf a member of the Committee, or the Board is unable to attend a meeting thereof, the State Government may by notice in writing signed on its behalf and by such member and addressed to the Chairman of the said committee or the Board as the case may be, nominate a Substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting.

1. Published in Raj. Raj.patra, Extraordinary, Part-lv (Ga). dt. 16-10-1959 at Page 725 vide notification No. 7586 F.3 (24) Lab/58, dt 15-10-1959

2. Rule 4-A inserted vide Notification No. F./(7)(9)L&E/66 Published in Rajasthan Rajpatra, Part 4 (ga). dt. 14-8-1967, p. 4542.

5. Travelling allowance-A non-official member of the Committee, or the Board shall be entitled to draw travelling and halting allowances for any j.ourney performed by him in connection with his duties as such member at the rates and subject to the conditions applicable to a Government servant of the first class under the rules of the State Government.

6. Staff-(i) The Secretary shall be the chief executive officer of the Committee or the Board as the case may be. He may attend the meetings of such committee of Board but shall not be entitled to vote at such meetings.

(ii) The Secretary shall assist the Chairman in convening meetings and shall keep a record of minutes of such meetings and shall take necessary measures to carry out decisions of the Committee, or the Board, as the case may be.

7. Eligibility for re-nomination of the members of the Committee, and the Board-An outgoing member shall be eligible for nomination for the membership of the committee, or the Board of which he was a member.

8. Resignation of the Chairman and members of the Committee.

and the Board & filling of casual vacancies-(1) A member of the Committee, or the Board other than the Chairman may, by giving notice in writing to the Chairman, resign his - membership.

(2) The Chairman may resign by letter addressed to the State Government.

(3) When a vacancy occurs or is likely to occur in the membership of the Committee, or the Board, the Chairman shall submit a report to the State Government immediately. The Government shall then take steps to fill the vacancy.

9. Cession and restoration of membership-lf a member of the Committee, or the Board fails to attend three consecutive meetings he shall subject to the provisions of sub-rule(2) cease to be a member thereof.

A person who ceases to be a member under sub-rule (1) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership, he may apply therefore within thirty days from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee or the Board as the case may be, and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate the members shall be restored to membership, immediately after a resolution to that effect is adopted.

10. Disqualification- (1) A person shall be disqualified for being nominated as, and for being a member of the Committee, or the Board, as the case may be :-,

(i) if he is declared to be of unsound mind by a competent court, or

(ii) if he is an undischarged insolvent; or

(iii) if before or after the commencement of the Act, he has b'een convicted of an offence involving moral turpitude.

(2) lf any question arises whether a disqualification has incurred under sub-rule (1) the decision of the State Government thereon shall be final. .

11. Meetings-The Chairman may subject to the provisions of rule 12, call a meeting of the Committee, or the Board as the case may be, at any time he thinks fit.

Provided that on a requisition in writing from not less than one half of the members. the Chairman shall call a meeting within fifteen days from the date of receipt of such requisition.

21. Time and conditions of payment of wages and the deductions permissible from wages.-

(i) The wage period with respect to any scheduled employment for which wages have been fixed shall not exceed one month and the wages of a worker in such employment shall be paid before the expire of the seventh day by the establishment which employs less than 1000 Persons and before loth day by other establishment, after the last day of the wage period.

(ii) Where the employment of any Person is terminated by or on behalf of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.

(iii) The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.

(iv) The employer shall display in a conspicuous place at or near the main entrance of the establishment a notice in English and in the Language of the majority of the persons employed there in showing for not less than two months in advance, the days on which wages are not be paid.

Note.-Rule 20 has been renumbered as sub-rule (1) there of and after sub.

rule (1) so renumbered sub-rule (2) has been inserted vide notification No.F-I (7)

(9) L & E/66 dated 14th August, 67 published in Rajasthan Rajpatra Part-4 dated 14th August 67.

Explanation-Every payment made by the employed person to the employer or his agent shall, for the purposes of these rules, be deemed to be a deduction from wages.

(2) Deduction from the wages of a person employed in scheduled employment shall be of one or more of the following kinds namely:-

(i) Fines-Provided that no fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer with the previous approval of the State Government may have specified;

(ii) Deductions-for absence from duty;

(iii) deduction for damage to or less of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;

(iv) deductions for house accommodation supplied by the employer or the State Government or Municipality or Housing Board and other authorities constituted by or with the permission of the State Government for providing housing accommodation;

(v) deduction for such amenities and services supplied by the employer as the State Government may by general or special order authorise;

Explanation-The words amenities and services in this clause does not include the supply of tools and protectives required for the purposes of employment.

(vi) deductions for recovery of advances or for adjustment of over payments of wages; ,

Provided that such advances do not exceed an amount equal to wages for two calendar months of the employed person and, in no case, shall the monthly instalment of deductions exceed one-fourth of the wages earned in that month.

(vii) deductions of income tax payable by the employed person;

(viii) deductions required to be made by order of a court or other competent authority;

(ix) deductions for subscriptions to, and for repayment of advances from any provident fund to which the Provident Fund Act, 1925 applies or any recognised provident fund as defined in section 58-A of the Indian Income Tax Act. 1922, or any provident fund approved in this behalf by the State during continuance of such approval,

(x) deductions for payment to co-operative societies or to a scheme of insurance approved by the Government;

(xi) deductions for recovery of adjustment of amounts other than wages paid to the employed person in error or in excess of what is due to him;

(xii) deductions, for made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the life Insurance Corporation of India established under the life Insurance Corporation Act, 1956 or for the purchase of securities of the Government of India or any State Government or for being deposited in any Post Office Savings Bank in furtherance of any savings scheme of any such Government :

Provided that the prior approval for the Inspector or any other Officer authorised by the State Government in this behalf is obtained in writing before making the deductions, unless the employee gives his consent in writing to such deductions.

(3) Any person desiring to impose a fine on an employed person or to make a deduction for damage or loss caused by him shall explain to him personally and also in writing the act or omission or the damage or loss, in respect of which the fine or deduction is proposed to be imposed or made and give him an opportunity to offer any explanation in the presence of another person. The amount of the said fine or deduction shall also be intimated to him:

Provided that the total amount of fine imposed in any one wage period on an employed person shall not exceed 3 1/8% of the wages payable to him in respect of that period and further that the amount of deduction for damage to or loss of goods Caused by an employed person shall not exceed the amount of the damage or loss caused to the employer.

12. Notice of Meetings-The Chairman shall fix the date, time and place of every meeting, and a notice in writing the aforesaid particulars along with a list of business to be conducted at the meeting, shall be sent to each member by registered post at least fifteen days before the date fixed for such meeting :

Provided that in the case of an emergent meeting, notice of seven days only may be given to every member. ;

13. Chairman-(1) The Chairman shall preside at the meetings of the Committee, or the Board as the case may be.

(2) ln the absence of the Chairman at any meeting the members shall elect from amongst themselves one member, by a majority of votes, who shall presided at such meeting.

114. Quorum-No business shall be transferred at any meeting unless at least one-third of the members, of whom there shall be at least one representative each of both the employees and the employers, are present :

Provided that if at any meeting less than one-third of the members are present or no representatives of both the employers and the employees are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and it shall thereupon be Jawful to dispose of the business at such adjourned meting irrespective of the number or class of members present.

15. Disposal of business-All business shall be considered at a meeting of the Committee. or the Board as the case may be, and shall be decided by a majority of the votes of the members present and voting, ln the event of an equality of votes the Chairman shall have Casting vote :

Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by the circulation of necessary papers and securing written opinion of the members.

Provided further that no decision on any question which is referred under the first proviso shall be taken, unless supported by not less than two-third of the members.

16. Method of voting.-Voting shall ordinarily be by show of hands, but if any member asks for voting by ballot, or if the Chairman so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide. -;

17. Proceedings of the meeting-(I) The proceedings of each meeting showing inter alia the names of the members present there at shall be forwarded to each member and to the State Government as soon after the meeting as possible and in any case, not less than seven days before the next meeting.

(2) The proceedings of each meeting shall be confirmed with such modifications, if any, as may be considered necessary at the next meeting.

1 Substituted viide Notification No G.S.R. 44 dated Septemberll,1969, published in Rajasthan Rajpatra, Extra-ordinary Part-4 (Ga)(ii), dt.11-9-69 at page 163.

CHAPTER Ill Summoning of witnesses by committee or Board and production of documents

18. Summoning of witness and production of - documents.-(1) A Committee, or the Board may summon any person to appear as a witness in the course of any enquiry. Such summons May require a witness to appear before it on a date specified therein and to produce any books, papers, or other documents and things in his possession or under his control relating in any manner to the enquiry.

(2) A summon under sub-rule (i) may be addressed to an individual or an Organisation of employers or a registered trade union of workers.

(3) A summon under this rule may be served :-.

(i) in the case of an individual by being delivered or sent to-him by registered post;

(ii) in the case of an employers' organisation or registered trade union of workers by being:

delivered or sent by registered post to the Secretary or other Principal officer of the organisation or union, as the case may be.

(4) The provisions of the Civil Procedure Code relating to the summoning and enforcement of appearance of witnesses and the Production of documents shall, so far as may be, apply to proceedings before a Committee, or the Board.

19. Expenses of witness - Every person, who is summoned and appears as a witness before a Committee or the Board Shall be entitled to an allowance for expenses, incurred by him in accordance with scale for the time being in force for payment of such allowances to witnesses appearing in civil courts in the State.

CHAPTER IV Computation and payment of wages, hours of work and holidays

20. Mode of computation of the cash value or wages-(1) The retail prices at the nearest market shall be taken into account in computing the cash value of wages paid in kind and essential commodities supplied at concession rates. This computation shall be in accordance with -Such directions as may be issued by the State Government from time to time.

(2) The Cash value of concession in respect of supplies of essential commodities at concessional rates of workmen working in Scheduled employment in respect of which rates of wages have been fixed under the Act shall be equal to the difference between the retail price of such commodities at the nearest and the price charged by the employer to such workman.

(4) The amount of fine or deduction mentioned in sub-rule (3) shall be such as may be specified by the State. All such deductions and all realisations thereof shall be recorded in a register maintained in L[from I and 11] as the case may be. A return in form 111 shall be submitted annually by the employer [to the Inspector by 15th of February each year].

(5) The amount of fine imposed under sub-rule (5) shall be utilised only for such purposes beneficial to the employees as are approved by the State Government.

(6) Nothing in this rule shall be deemed effect the provisions of the Payment of Wages Act,

1936.

222. Publicity to the minimum wages fixed under the Act-

1.Sub vide rtaj Gez dt/ 25-10-1971 p.416(4). 3.Rules 22,23 & 24 have been substituted for

2.Words in brekets have been added vide the following old Rules vide Noti. No.

notification No. E.1(7)(9) L&F/66 dt.14-08-67 F1(7)(9)L&E/66 dated 14-08-67 pub in Raj published in Raj. Rajpatra extra-ordinary part Rajptra Ex. ord. Part lv (Ga)dt. 14-08-67.

lv (Ga)dt.14-08-67 p.454.

Old Rules 22. Publicity to the minimum wages fixed under the Act-Notice in form X containing the minimum rates of wages fixed together with extracts from the Act, the rules made there under and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment at such place, as may be selected by the Inspector and shall be maintained in a clean and legible condition. Such notices shall also be displayed on the notice boards of all sub-divisional and District Offices.

23. Weekly Holidays-(1) Unless otherwise permitted by the State Government no worker shall be required or allowed to work in a scheduled employment on the first day of the week (hereinafter referred to as the said day except when he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, for which he shall receive payment equal to his average daily wages during the preceding week :

Provided that the weekly holiday may be substituted by another day:

Provided further that no substitution shall be made which will result in any working for more than ten days consecutively without a holiday for a whole day.

(2) Whether in accordance with the provision of sub rule (1) any worker works on the said day and has had a holiday on one of the five days immediately preceding it, the said day shall, for the purposes of calculating his weekly hours of work be included in the preceding week.

Explanation.-For the purposes of this rule `week' shall mean a period of seven days beginning at mid-night on Saturday night.

24. Number Of hours Of work shall constitute a normal working day. No adult worker shall be required or allowed to work in a schedule employment for more than nine hours in a day and forty eight hours in any week.

Every employer shall keep exhibit the following notices in a conspicuous place in the factory, workshop or place where the workers in the Schedule employment are employed and in the ccase of out workers in such factory, workshop or place as is used for giving out work to them :-

1. Notice No. 1. Rates of Minimum Wages fixed under the Minimum Wages Act,1948 (Form- X,,,).

2. Notice No. 2. Abstract of the Minimum Wages Act, 1948 under the Rajasthan Minimum Wages Rules, 1959 (Form X),

3. Notice No. 3. Name and address of the Inspector concerned (Form XIV) .

4. Notice No.4. Weekly holidays (Form o. XV)

5. Notice No. 5. Working hours of employees (Form Xvl)

6. Notice No. 6. Time for payment Of Wages (Form XVIl)

Provided that in the case Of employment in the public Motor Transport the Notice No. 4, 5 and 6 corresponding to Forms XV, Xvl and Xvll shall also be exhibited conspicuously on every vehicle.

23. Weeklv da\/ Of rest-(1) Where a worker in the Schedule employment in respect Of which minimum rates of wages have been fixed under the Act has worked in the scheduled employment under the same employer for a continuous period of not less than six days, he shall subject to the provisions of this rule, be allowed a day Of rest every week (hereinafter referred to as 'rest dey') which shall ordinarily be Sunday.

Provided that the employer may fix any other day Of the week as the rest day for any workers or class Of workers in that scheduled employments.

Provided further that worker shall be informed Of the day fixed as the rest day and Of any subsequent change in the rest day before the change is effected, by display of notice to that eeffect in the place of employment at a place to be specified dy the inspector in this behalf.

Explanation-For the purpose Of computation of the continuous period of not less than six days specified in this sub-rule;

(a) any day on which any worker is required to attend for work but is not given only an allowance for attendance and not provided with work; and

(b) any day on which a worker is laid off on payment on compensation under the Industrial Dispute Act, 1947, shall be deemed to be days on which the worker has worked.

(2) Any such worker shall not be required or allowed to work in a scheduled employment or the rest day unless he has had or will have a substituted rest day for a whole day on one of the five days immediately before or after the rest day.

Provided that no substitution shall be made which will result in the worker working for more than ten days consecutively without a rest day for a whole day.

(3) Where in accordance with the foregoing provisions of this rule, any worker works on a rest day and has been given a substituted rest day on any one of the five days before or after the rest shall, for the purpose of calculating the weekly hours of work, be included in the week in which the substituted rest day occurs.

(4) A worker shall be granted for the rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day ;

Provided that where the minimum daily rate of wages of the worker as notified under the Act has been worked out by dividing the minimum monthly rate of wages by twenty six or where the actual daily rate of wages of the worker has been worked out by dividing the monthly rate of wages by twenty-six and such actual daily rate of wages of the worker is not less than the notified minimum daily rate of wages of the worker no wages for the rest day shall be payable, and in case the worker works on the rest day and has been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount equal to the wages payable to him at the overtime rate:

Provided further that in the case of a worker governed by a piece-rate scheme, the wages for the rest day, or as the case may be, for the rest day and the substituted rest, shall be such as the State Government may from time to time specify in this behalf having regard to the minimum rates of wages fixed under the Act in respect of the Scheduled employed.

Explanation:-ln this sub rule, .'next preceding day" means the last day on which the worker has worked, which precedes the rest day or the substituted rest day, as the case may be; and where the Substituted rest day falls on a day immediately after the rest, the next preceding day means the last day on which the worker has worked, which precedes the rest.

(5) The provisions of this rule shall apply to the worker in scheduled employment other than agricultural employment.

(6) The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which a worker may be entitled under any other law or under the terms of any award, agreement or contract of service, and in such a case, the worker shall be entitled only to the more favourable terms aforesaid.

Explanation :-For the purpose of this rule, `week' shall means a period of seven days beginning at midnight on Saturday night.

24. Number of hours of work that shall constitute a working day :-(1) The number of hours of work constituting a normal working day shall-

(a) in the case of an adult worker, be nine hours, inclusive of interval for rest as specified in subrule (2),

(5) in the case of child, be 4yz hours.

(c) in the case of an adolescent, be 9 hours or 4 y2 hours as the case may be, according as the adolescent may be certified to work as an adult or a child by a registered medical practitioner approved by the State Government,

(2) The period of work of an adult worker each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

(3) The periods of work of an adult worker shall be so arranged that inclusive of his intervals for rest under sub-rule (2) they shall not spread over more than ten and a half hours in any day:

Provided that the inspector may, for reasons to be specified in writing increase the period over to twelve hours.

(4) No woman shall be employed or permitted to work beyond 6.00 p.in. and earlier than 6 a.in.

during lst September, to the end of February or beyond 7.00 p. in. and earlier than 7 a. in. from the lst March to 31st August.

(5) The Provisions of sub-rule (1) to (4) shall in the case of workmen in agricultural employment be subject to such modifications as may, from time to time be notified by the State Government.

]24-A-The provisions of section 13 (1) and rule 23 and 24 shall apply to the classes of employees specified in section 13 (2) only to the extend and subject to the conditions specified below :-

(1) No worker shall be allowed or required to work continuously for a period of more than fourteen days without a rest day of 24 consecutive hours.

(2) Every worker shall be allowed a substituted rest day within a fortnight of the rest day on which he is allowed or required to work and to intimation thereof shall be sent to the Inspector so as to reach him at least 24 hours before the substituted rest day is allowed.

2[(3) No worker in any establishment shall be required or allowed to work for more than 9 hours a day and 48 hours in any week :

Provided that the total number of hours of work including overtime shall not exceed ten hours on any working day:

Provided further that the total. number of over-time hours worked by any worker shall not exceed 50 hours in a quarter.I

(4) The payment for the work done in excess of the normal working hours fixed in rule 24 shall be made at the overtime rate fixed by the State Government.

(5) A notice of overtime work to be taken from the workers shall be affixed in the premises of the employment before the commencement of the work mentioning the names of the persons put on overtime work and the purpose and duration of such employment. A copy of such notice shall also be sent to the inspector concerned within 24 hours of the start of the work.

25. Night shifts.-(1) Where a worker in a scheduled employment works on a shift which extends beyond midnight:-

(a) for the purpose of rule 23, a holiday for the whole day shall mean in his case a period of twenty four consecutive hours beginning when his shift ends

(b) the following day for him shall be deemed to be the period of twenty four hours beginning when such shift ends, and the hours he has worked after mid-night shall be counted towards the previous duty.

12) to (6)-deleted.3

1. Added vide Noti. No. F1(7) (9) L&E/66 dated 14-08-1967.

2. Substituted vide clause no. 2 of notification No G.S. R. 62 dated Nov. 4.

1969 published in Raj.. Gez. Extra Part lv

(ga) sub-part (f) dated 4-11-1969 pp.

181-182

3. Sub-clauses (2) to (6) of Rule 25 have been deleted vie Notification No. F.1 (7)

(9) L&E dated 14-08-1969 published in Rajasthan Raj.- Patra Extraordinary, part lv (ga) dated 14-08-1967, Page 454.

Provided that the inpsctor may, for reasons to be sppecified in writing increase the speard over to tweleve hours.

4. No. Child shall be employed or permitted to work for more than four and a half hour on any day.-

(a) " No woman shall be employed or permitted to work beyond 6 p.in. and earlirt than 6 p.in. during lst September to the end of Fubruary or beyond 7 p.in.

and earlier 6 p.in. from the lst March to old sbu clause (2) to (6) were as under each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had in interval for rest of at least half an hour.

(3) The periods of work of an audit worker shall be so arranged that inclusive if his intervals for rest under sub-rule (2) they shall hospresnad over more than ten and a half outers in any day:

3|St August".

5. The number of hours of work in the case of an adolescent shall be the same as that of an adult or a child according as he is certified to work as an adult or a child by a competent medical practitioner approved by the State Government

6. The provisions of sub-rules (1) to (5) shall in the case of workers in agricultural employment, be subject to such modifications as may, from time to time be notified by the State Government.

26. Extra wages for overtime- When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, entitled to wages:

(a) in the case of employment in Agriculture, at one and a half time the ordinary rate of wages.

(b) in the case of any other scheduled employment, at double the ordinary rate of wages.

Explanation:-The expression `ordinary rate of wages' means the basic wage plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed, of food grains and other articles as the person employed is, for the time being, entitled to, does not include a bonus.

(2) A register showing overtime payments shall be kept in From lv.

CHAPTER V.

Form of Registers and Records

27. Wage registers and Slips-1(1) A register of wages shall be maintained by every employer and kept in such Form as may be notified by the Government and shall include the following particulars: -

(a) the gross wages of each worker of each wage period;

(b) all deductions made from wages, with an indication, in each case, of the kinds of deductions mentioned in sub-rule (2) of rule 21;

(d) rates of wages payable; .

(e) a register of wages shall be maintained by every employer at the work spot in Form XI."

Sub Rule 1 substituted & sub-rules 6 to 11 Newly inserted vide noti. No. F1(7)(9) L&E 66 Pub. in Raj. Gaz. Part4 (Ga) dated.14-8-1967

(2) Wage slips in form Xll shall be maintained by every employer to every person employed by him at least a day prior to the disbursement of wages.

(3) Every employer shall get the signature or the thumb impression of every person employed on the wage book and wage slip.

(4) Entries in the wage books and wage slips shall be authenticated by the employer or any person authorised by him in this behalf.

(5) A Muster Roll shall be maintained by every employer at the work spot and kept in form V.

(6) ln the case of the employment on the construction or maintenance of the roads or in building operation's only and in agriculture. the owners of such employments may not be required to maintain registers, forms and returns required under the Act, provided, that:-

(a) the owner of the house builds a house for his own use, the value of which does not exceed Rs. 30,000 or repairs or alters his own house, the value of which does not exceed Rs. 10,000 at a time.

(b) the owner of the cultivated land, owns a land, acreage of which is not above 25 acres.

(7) Notwithstanding anything contained in this Rule where a combined form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act of the rules framed there-under, and alternate suitable Form in lieu of any of the forms, prescribed under this rule, may be used with the previous approval of the Labour Commissioner of the State.

(8) The following shall be cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive Wages for a full normal working day:-

(a) tempest, fire, rain, breakdown, machinery or stoppage of or any cut in the supply of power, epidemic, civil commotion or other cause beyond the control of the employer.

(b) Where an employee works for any period not exceeding 4 hours a day.

(9) ln the case of interruption brought about by tempest, fire, rain, breakdown of machinery.

epidemic, civil commotion or other natural causes beyond the control of the employer, the employee who has already started work for the day shall be paid wages at half the minimum rates of wages fixed for a normal working day if the interruption occurs at any time before the interval for midday rest. If the interruption occurs after the interval for midday rest, he shall be paid wages for a full normal working day.

(10) lf by reason of stoppage of or any cut in the supply of power, effected by the Government, an employer is prevented on any working day from giving work to his employees for a full normal working day, the employees shall receive wages for such day in proportion the number of hours he worked bears to the number of hours constituting the normal working day.

(11) lf an employee works for any period not exceeding 4 hours a day he shall receive wages for such day in the proportion the number of hours he worked bears to the number of hours constituting the normal working day."

127-A. Preservation of registers-The registers required to be maintained under rule 21 (4) and 27 (1) and the muster roll required to be maintained under rule 27(5) shall be preserved for a period of 3 years after the date on which the latest entry made therein.

27-a. Production of registers and other records-All registers and records required to be maintained by an employer under these rules shall be produced on demand before the Inspector:

Provided that where an 'establishment has been closed the Inspector may demand the production of the registers and records in his office or such other public place as may be nearer to the employer."

1 Rule 27A &278 added vide Noti.No.F1 (7)(9) L&E/66 dt.14-8-677, Pub inRaj.Rajpatr Partlv (Ga)dt 14-8-67

CHAPTER VI Claims under the Act.

28. Application-(1) An application under sub-section (2) of section 20 or sub-section (1) of section 21, by or on behalf of an employed person or group of employed persons shall be made in duplicate in form Vl, Vl-A or Vll as the case may be, one copy of which shall bear the prescribed court fee. , .

(2) A single application under section 20 read with section 21 (1) may be presented by or on behalf of a group of employed persons, if they are borne on the same establishment and their claim relates to the same wage period or periods. a

29. Authorisation-The Authorisation to act on behalf of an employed person or persons, under sub-section (2) of section 20 or sub-section (1) of section -21 shall given in Form Vlll by an instrument which shall be presented to the authority herein the application and shall form part of the record.

30. Appearance of parties-(1) lf an application under sub-section (2) of section 20 or section 21 is entertained, the authority shall serve upon the employer by registered post a notice in Form IX to appear, before him or a specified date with all relevant documents and witnesses if any, and shall inform the applicant of the date so-specified.

(2) lf the employer or his representative fails to appear on the specified date, the authority may hear and determine the application ex-party.

(3) lf the applicant of his representative fails to appear on the specified the Authority may dismiss the application.

(4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within a month of the date of Said order, and the application shall then be re-heard after service of notice on the opposite party of the date fixed for rehearing, in the manner specified in sub-rule (1).

CHAPTER VII .

Scale of costs in Proceedings under this Act

31. Costs-(i) The Authority, for reasons to be recorded in writing may direct that the costs of any proceedings pending 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 if writing increase it to a sum not exceeding 25 rupees.

(3) Where there are more than one pleaders or more than one applicants or opponents the Authority may subject as aforesaid to the successful party or Parties such costs as it may deem Proper.

32. Court fee-The Court fee payable in respect of proceeding under Section 20 shall be :-

(i) for every application to summon a witness one rupee in respect of each witness.

(ii) for every application made by or on behalf of an individualsone-rupee.

1(iii) for every application made on behalf in respect of a number of employees--one rupee per employee."

Provided that the Authority may, if in its Opinion, the applicant is a pauper exempt him wholly or partly from the payment of such fees :

Provided further that no fee shall be chargeable :

(a) from person employed in Agriculture, or

(b) in respect of an application made by an Inspector.

33. Exemption-The State Government may declare that these rules shall not apply to any scheduled employment if there are in force rules applicable to such employment, which in the opinion of the State Government, make equally satisfactory provisions in regard to the matter deals with by these rules and such opinion shall be final.

34. Repeal-The Rajasthan Government Minimum Wages Rules, 1951 and the State of Ajmer Minimum Wages Rules, 1950 and all other rules corresponding to these rules in force in any part of the State of Rajasthan are hereby repealed.

Sub cl.(iii) has been added vide Noti. No.F3 (48)Lab/68 Pub.inRaj Gaz Part (IV)(Ga) dated 3-1- 1963 FORM I Register of fines [Rule 21(4)I Employer.........

SNo. Name Father/Husband's Name Sex Department 1 2 3 4 5 Nature and date Whether workman Rate of wages Date and amount Date on which of the offence for showed cause of fine imposed fine realised which fine against fine or not, FORM 11 [Rule 21(4)] Register of deduction for damage or loss caused to the employer, by the default of the employed persons Employer SNo. Name Father/Husband'sName Sex Department 1 2 3 4 5 Damage of loss Whether worker Date and amount Number of Date on which caused with showed cause of deduction installments, if total amount date againstdeduction, if soenterdate imposed any realised 6 7 8 9 10 FORM Ill [Rule 21 (4)I Annual Return for the year ending 31st December.

1. (a) Name of Establishment and Postal Address ...................

(b) Name and residential address of the owner/contractor - c) Name and residential address of the Managing Agent/Director/ Partner in-charge of day to day affairs of the establishment owned by a company, body corporate or association ----

(d) Na-me and residential address of the Manager/Agent, if any

2. Number of days worked during the year---

3. Numberof Mondaysworkedduringtheyear-== -

4. Average daily number of persons employed during the year ----

(i) Adults-

(ii)Children=

5. Total wages paid in cash--

6. Total cash value of the wages paid in kind-- -

7. Deduction .....

No. of cases

(a) Fines

(b) Deduction for damage or loss

Disbursement for fine.

Purpose Total amount Rs. P.

Amount Rs. P.

(a)

(b)

(c).

(d) . .

9. Balance of fine fund in hand at the end of the year-- - Dated . Signature Designation @This is aggregate number of attendances during the year.

£The average daily number of persons employed during the year is obtained by dividing the aggregate number of attendance during the year by the number of working days.

*Cash value of the wages paid in kind should be obtained by taking the difference between the cost Price paid by the employer and the actual price paid by the employees for supplies of essentiel commodities given at concessional rates.

FORM IV .

I See Rule 26 (2) I Over-time register for workers .

Month ending ......... 19

1. Serial number.

2. Name.

3. Father's/Husband's name.

4. Sex.

5. Designation and Department.

6. Dates on which overtime worked.

7. Extend of overtime on each occasion.

8. Total overtime worked or production in case of Piece workers.

9. Normal hours.

10. Normal rate.

11. Normal earnings.

12. Over time rate.

13. Overtime earnings.

14. Total earnings.

15. Date on which overtime payments made.

FORM V I Rule 27 (5) I Muster roll Name of establishment ....... Place ..................

Serial Number Name.

Father's/Husband's name Sex.

Nature of work.

For the period ending ...........................

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 1, 12, 13, 14 & 15,

16. Remarks FORM VI Form of application by an employee under section 20 (2) ln the Court of Authority appointed under the Minimum Wages Act, 1948, for Application No of..............

a legal practitioner/an official of which is a Registered Trade Union) Opponents(s) Address......

The applicant above named states as follows -

1. The applicant was/has been employed from ................. to (category) in (Establishment) , of Shri/Messrs engaged in .............................. (nature of work) which is as scheduled employment with the meaning of section 2(g) of the Minimum Wages Act.

2. The opponent (s) is/are the employer (s) within the meaning of section 2 (e) of the Minimum Wages Act.

3. (a) The applicant has been paid wages at less than the minimum rates of wages fixed for his category of employment under the Act by Rs..„ ....... per day for the period from ..............

to.................

3(b) the applicant has not been paid wages at Rs ...................... per day for the weekly days of rest from ..,..

to....................„ • The applicant estimatesthe value of relief sought by him on each account as under :-

(a) Rs ...............................

Total Rs

(5) The applicant, therefore, prays that direction may be issued under section 20 (3) of the Act for :-

(a) Payment of the different between the wages payable under the Minimum Wages Act and wages actually paid.

(b) Payment of remuneration for the days rest.

6. The applicant begs leave to amend or add to or make alterations in the applications, if and when necessary, with the permission of the authority.

7. The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information.

Signature or thumb impression of the employed person, for legal practitioner of official of a registered Trade Union duly authorised FORM VI-A Form of Group Application under section 21 (1) ln the court of the authority appointed under the Minimum Wages Act.

1948, for .............. areas. Application No ............... of 19 ........ between A, 8, C, and (State the number) ............ other applicant (through official of ...-.. which is Registered Trade Union).

Address and X,Y,Z .... opposite party.

Address .......................... the applicant states as follows :-

(1) The applicants whose names appear in the attached schedule were/ have been employed from ....................... to ............................ as ................ „ in ...................... (establishment) of .................... Shri/Messrs .....................

a legal practitioner/an ............ (categories) engaged in (nature of work) which is/are scheduled employment (s) within the meaning of section 2 (g) of the Minimum Wages Act.

(2) The opponents (s) is/are the employer(s) with in the meaning of section 2 (e) of the Minimum Wages Act.

(3) (a) The applicants have. been paid wages at less than the minimum rates of wages fixed for their category (categories) of employment (s) under the Act by Rs .................... „ per day for period(s) from„. to

(b) The applicants have not been paid wages at Rs ................... per day for the weekly days of rest from ........................... to

........... to ...............

(4) The applicants estimate the value of relief sought by them on each account as under:

(5) The applicants, therefore, pray that direction may be issued under section 20 (3) of the Act for:-

(a) payment of difference between the wages payable under the Minimum Wages Act and the wages actually paid;

(b) payment of remuneration for the days of rest;

(6) The applicants beg leave to amend or add or make alterations in the application, if any when necessary, with the permission of the Authority.

(7) The applicants do solemnly declare that the facts stated in this application are true to the best of their knowledge, belief and information.

Signature or thumb impression of the employed persons or legal practitioner or Official of a registered Trade Union duly authorised.

FORM Vll Form of application by an Inspector or person acting with the permission of Authority under Section 20(2) :

I Rule 28 ) ln the Court of the Authority appointed under the Minimum Wages Act,1948 Application No Applicant Address I................................Opponent.

Address VERSUS The applicant above-named begs respectfully to submit as follows ;

(1) that

(2) that The opponent is bound to pay wages at the minimum rates of wages fixed by the Government but he has paid less wages to the fo`llowing employees- The applicant estimates the values of the relief sought for the employees at the sum of Rs.............:.

The applicant prays that a direction may be issued under sub-section (3) of section 20 for :-

(a) Payment of the difference between the wages due according to the minimum rates of wages fixed by Government and the wages actually paid; and

(b) Compensation amounting to Rs ..........................

The applicant begs leave to amend or add to or make alteration in the application if and when necessary.

Signature The applicant does solemnly declare that what is stated above is true to the best of his knowledge and information. This verification is signed at ......................... Day ........................ 19 ...............................

FORM VIIl I Rule 29 ) Form of application by an Inspector or person acting with permission of the Authority under Sec. 20 (2) ln the Court of the Authority appointed under Act,1948.

For---------area------ Application No ------ of 19 ------ I.-----------Applicant:

Address----------- VERSUS I .--- _ ------ Opponent (s) Address------------ The Applicant above named states as follows:- .

(1) The opponent (s) has/have - *(a} paid wages at less than the minimum rates of wages fixed for their category (categories) of employment (s) under the Act by Rs ----- _-per day for the period (s) from ----- to *(b) not paid wages at Rs .----- _-_ -------- per day for the weekly days of rest from- ---- to ---- *(c) not paid wages at the overtime rate (s) for the period from---to the following employees.

(2) The applicant estimates the value of relief sought for the employees on each account as under:-

(a) Rs --------

(b) Rs .-----

(3) The applicant, therefore, pays that a direction may be issued under section 20 (3) of the Act for:- *(a) payment of the difference between the wages payable under the Minimum Wages Act and the wages actually paid, *(b) pay of remuneration of the days of rest; ' *(c) payment of wages at the overtime rate (s).

(4) The application begs leave to amend or add to or make alterations in the applications if any when necessary, with the permission of the Authority.

(5) The applicant does solemnly declare that the facts stated in this application are true to the best of his knowledge, belief and information.

Signature-----.-.

FORM IX I Rule 30 I Form of summons to the Opponent to appear before the Authority when an application under sub-section (2) of section 20 or under section 216s entertaining a (Title of the Application) TO, (Name description and place of residence) Whereas.„..„ ............. has made the above said application to me under the Minimum Wages Act,1948, you are hereby summoned to appear before me in person or by a duly authorised agent. and able to answer all material questions relating to the application, or who shall be accompanied by some person able to answer all such questions, on the .......

day of ..........,...... 20 ...... at .,.,............... O'clock in the ................ noon, to answer the claims and the day fixed for the appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to reply in support of your defence.

Take notice that, in default of your appearance on the day before mentioned the application will be heard and determined in your absence.

Signature of the Authority *FORM X Notice No. 2 EXTRACTS FROM THE MINIMUM WAGES ACT,1948 AND THE RULES MADE THEREUNDER I. WHOM THE ACT AFFECTS.

(a) the Act applies to persons engaged on scheduled employments on Specified class of work in respect of which minimum rates of wages have been fixed.

(b) no employee can give up by contract or agreement his rights in so far as it purports to reduce the minimum rates of wages fixed under the Act.

11. DEFINITION OF WAGES

2. '`Wages" means all remunerations payable to an employed person on the fulfilment of his contract of employment and also includes house rent allowance lf excludes:

(i) the value of any house accommodation, supply of light, water, medical attendance or any other amenity or any service extensions by general or special order of the appropriate Government.

(ii) Contribution paid by the employer to any pension fund, provident fund or under any scheme of Social Insurance:

(iii) the travelling allowance or the value of any travelling concession;

(iv) the sum paid to the person employed to defray special expenses entailed on him by the nature of his employment.

(v) Gratuity payable on dischange.

The minimum rate of wages may consist of -

(i) A basic rate of wages and a special allowance called the cost of living allowance.

(ii) A basic rate of wages with or without a cost of living allowance and the cash value of any concessions like supplies of essential commodities at concession rates;

(iii) On all inclusive rate comprising of basic rate cost of living allowance and cash value of concessions, if any;

3. The minimum wages payable to employee of scheduled employment notified under section 5 read with section 3 may be;

(a) a minimum time rate,

(b) a minimum piece rate, (c} a guaranteed time rate,

(d) a cover-time rate, differing with (1) different scheduled employments;

(2) different classes of work,

(3) different localities,

(3) different age groups:

(e) Minimum rates of wages may be fixed by hour, by the day, by the month or by such other larger wage period as may be prescribed.

Ill. COMPUTATION & CONDITIONS OF PAYMENT.

The employer shall pay to every employee engaged in scheduled employment under him wages at a rate not less than the minimum rate of wages fixed for the class of employees. .

The minimum wages payable under this Act shall be paid in cash unless the Government authorises payment thereof either wholly or partly in kind.

Wages period shall be fixed for the payment of wages at intervals not exceeding one month.

Wages shall be paid on a working day within seven days of the end of the wage period or within ten days if 1000 or more persons are employed.

The wages of a person discharged shall be paid not later than second working day after his discharge.

lf an employee is employed on any day for a period not less than the normal working day he shall be entitled to receive wages for a full normal working day provided his failure to work is not caused by his unwillingness to work but by the omission of the employer to provide him with his work for that period.

Where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect or the time respectively occupied in each such class of work wages at not less than the minimum rate in force in respect of each such class.

Where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed the employer shall pay to such employee wages at not less than the minimum time rate.

IV. HOURS OF WORK & HOLIDAYS The number of hours which shall constitute a normal working day shall be:-

(a) in the case of adult 9 hours

(b) in the case ofa child 4% hours The working day of an adult worker inclusive of the intervals of rest shall not exceed 12 hour on any day.

The employer shall allow a day of rest with Pay in every period of seven days. Ordinarily, Sunday the first day of the week shall be the holiday.

When a works in an employment for more than nine hours on any day or for more than forty eight hours in a week he shall in respect of overtime work he is entitled to wages in scheduled employment other than agriculture, at double the Ordinary rate of wages and the case of employment in agriculture at one and a half time the ordinary rate of wage.

V. FINES & DEDUCTIONS No deduction shall be made from wages except those authorised by or under the rules.

Deductions from the wages shall be one or more or the following kinds, namely :-

(i) Fines-An employed person shall he explained personally and also in writing the act or omission in respect of which the fine is proposed to be imposed and given an opportunity to offer any explanation, in the presence of another person The amount of the said fine shall also be intimated to him, it shall be such as may be specified by the State Government. It shall be utilised in accordance with the directions of the State Government.

(ii) Deductions for absence from duty.

(iii) Deductions or damage to or loss of goods entrusted to the employee for custody. or for less than money for which he is required to account where such damage or loss is directly attributable to his neglect or default. The employed persons shall be explained personally and also in writing the damage or loss, in respect of which the deduction is proposed to be made and given an opportunity to offer any explanation in the presence of another person.

The amount of the said deduction shall also be intimated to him. It shall be such as may be specified by the State Government.

(iv) Deductions for house accommodation supplied by the employer.

(v) Deductions for such amenities and services supplied by the employer as the State Government may by general or special order authorises. These will not include the supply of tools and protective required for the purposes of employment.

(vi) Deductions for recovery of advance or for adjustment of over payment of wages, such advances shall not exceed in amount equal to wages for two calendar months of the employed persons and the monthly installment of deductions shall not exceed one fourth of the wages earned in that nionth.

(vii) Deductions of income tax payable by the employed persons.

(viii) Deduction required to be made by order of a court or other competent authority.

(ix) Deductions for subscriptions to and for repayment of advances from any provident fund.

(x) Deduction for payment to co-operative societies or to a scheme of insurance approved by the Central or State Government.

Vl. MAINTENANCE OF REGISTER & RECORDS Every employer shall maintain a register of wages in the form XI prescribed.

Every employer shall issue wage slips in form XII containing prescribed particulars to every person employed.

Every employer shall get the signature or the thumb impression of every person employed on the wage-book and wage slip. Entries in the wage books and wage slips shall be proper authenticated by the employer or his agent. A Muster Roll shall-be maintained by every employer and kept in the form V.

Every employer shall keep exhibited at such place selected by the Inspector, notice in English and in languages understood by a majority of the workers of the following particulars in a clean and legible form :-

(a) Minimum rates of wages.

(b) Extracts from the Acts and Rules made there under.

VIl. INSPECTIONS An inspector can enter in any premises and can exercise power of inspection (including examination of documents and taking evidence) as may deem necessary for carrying out the purpose of the act. The Inspector can also seize or take copies of such register, record of wages or notices or portions there of as he may consider relevant in respect of an offence under this Act. Any person require to produce any document or thing or to give any information by an Inspector shall be deemed to be legally bound to do so within the meaning of sections 175 and section 176 of the Indian Penal Code.

Vll. CLAIMS AND COMPLAINTS Where an employee is paid Jess than the minimum rates of wages fixed for his class of work of less than the amount due to him under the provisions of this Act, he can make an application is the prescribed form within six months to the authority appointed for the purpose. An application delayed beyond this period may be admitted if the authority is satisfied that the applicant had sufficient cause for not making the application within such period.

Any legal practitioner, official of a registered Union, Inspector under the Act or other person acting with the permission, the Authority can make the complaint on behalf of an employed Person.

A single application may be presented by or on behalf of any number of persons belonging to the same factory the payment of whose wages has been delayed.

A complaint regarding less payment of notified wages under section 22 of the Act can be made to the court only with the sanction of the Authority without one month of the grant of such sanction.

A complaint under section 22 of the Act can be made to the court only by or with the sanction of an inspector within six months of the date on which the offence is alleged to have been committed.

IX. ACTION BY AUTHORITY When any application under sub-sec.(2) of sec. 20 is entertained, the authority shall hear the applicant and the employee or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under the Act, direct :

(i) in the case of a claim arising out of payment of less than the minimum rate of wages. the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid together with the payment of such compensation as the Authority may think fit, not exceeding ten times the amount of such excess;

(ii) in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the Authority may think fit not exceeding ten rupees and the Authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application.

X. PENALTIES FOR THE OFFENCE UNDER THE ACT An employer who pays to an employee less than the Minimum rates of wages or less than the amount due to him under the provisions of the Act or contravenes any rule or order regarding hours for a normal working day. etc. shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend the five hundred rupees, or with both.

Any employer who contravenes any provision of the Act or any rule made there under shall if no other penalty is provided for such contravention by the Act, be punishable with the fine which may extend to five hundred rupees. The authority in 'imposing such fine shall also take into consideration the amount of any compensation already awarded in any proceeding already held before the Authority. .

Offence by the Companies-Where an offence under this Act has been committed by a company and it has been proved that the offence has been committed with the consent or connivance of or is attributed to any neglect in the part of any director, manager. secretary or other officer of the company shall also be deemed to be guilty of the offe.nce and shall be liable to be proceeded against and punished accordingly.

Company here means anybody corporate and includes firms or other associations of individuals. Director here means partier in the firm.

XI COGNIZANCE 0F OFFENCES:

No Court shall take cognizance of a complaint against any persons for any offence in cases of less payment than the minimum rates of wages fixed or less than the amount due unless an application in respect of the facts constituting such offence has been presented before the Authority and bas been granted wholly or in part and the Government or any other officer authorised by the Government in this behalf has sanctioned. the making of such complaint and in cases of contravention of any rule or order made regarding hours for a normal working day or for not providing for a day of rest or for not providing payment for work on a day of rest unless the complaint bas been made by or with the sanction of the Inspector and the complaint in either of the cases has been presented before the court within one month of the making of the said sanction and for all other contraventions of the provisions of the Act, or of any rule or order made there under unless the complaint has been made by or with the sanction of the Inspector and the same has been presented within six months of the date on which the offence is alleged to have been committed.

Xl. MINIMUM RATES 0F WAGES FIXED Name of undertakings.

S. No. Category of employees Minimum rates of wages XII. NAME & ADDRESS 0F THE INSPECTOR Address XI FORM Xll Name of establishment .............

Register of Wages, Rule 27 (1) Wage Slips, Rule 27 (2) Name of the Wage Period Minimum Actual rate of Days worked Actual wages worker rates ofWagespayableundertheAct wages paid (a) paid on thebasisofcolms.4&5 1 2 3 4 5 6 Any other Gross wages Deductions, if Kinds of Actual net wages paid allowancenotincludedincolumn6 payable (totalofcolumns6&7) any deductions (difference of Cl.8 and 9) 7 8 9 10 11 Date of payment Signature or thumb impression of the worker 1 2 13

(a) lf any concessions are payable to a worker as part of minimum wages fixed under the Minimum Wages Act,1948, they should be included in this column, concessions beingexpressed in term of money;

(b) If the number of days worked is not the same as the number of days for which payment has been made, the letter should be shown in column No.5.

Signature of employer or any person authorised by him Dated..............

FORM No. Xlll Notice No.I.

Rates of minimum wages fixed' under the Minimum Wages Act,1948 (To be fixed in a conspicuous and convenient place.)

Government Order NO Dated monthly and daily rates of wages or table of wages, Employment/s Signature of employer ......

Dated FORM No. XIV I I Notice No, 3 I Name and address of the Wages Inspector (Section 18(2), Rule 22] (To be fixed at such place as may be selected by the Inspector and - maintained in a clean and legible condition.)

Name of the Wages Inspector Address of the Wages Inspector Signature of employer Dated.......

FORM No. XV Notice No. 4 Weekly Holiday [Section 18 (2), Rule 23] (To be fixed in a conspicuous and convenient place) _

1. Name of employment

2. Name of the establishment of concern Signature of employer Dated...........................

FORM No. XVI Notice No.5 Working hours of workers [Section 18 (2), Rule 24] (To be fixed in a conspicuous and convenient place.)

1. Name of the employment

2. Name of the establishment or concern

3. Address Serial No. No. or name of Whether adult Adolescent Work begins the workers or child Rest Interval Or intervals Work end Hours of rest Spread over from To From To Signature of employer.„ Dated FORM No. Xvll Notice No.6 Time of payment of wages [Section 18 (2), Rule 21) (To be fixed in a conspicuous and convenient place.)

1. Name of the employment

2. Name of the establishment or concern

3. Address Serial Number No. or name of the Wage period Date of the payment workers of wages 1 2 3 4 Signature of employer..

Dated..............'.'.............

The Raj. Minimum Wages (Undisbursed Amounts) Rules, 1961 CONSPECTUS Rules Particulars..

1. Short Title

2. Definition

3. Undisbursed amounts to be deposited with authority

4. Amount unclaimed for three years to be credited to state Govt.

5. List of amounts unclaimed to be posted in the office of the Authority refund.

6. Form Ato c.

No. F. 3 (31) Lab/60- ln exercise of the powers conferred by section 30 read with section 22D of the Minimum Wages Act, 1948 (Act 11 of 1948), the State Government hereby makes the following rules, the same having been previously published in the Raj-Rajpatra, Part.Ill(B), dated 8-9-1961 as required by section 30 of the said Act.

1. Short title-These rules may be called the Rajasthan Minimum Wages (Undisbursed Amounts) Riles; 1961.

2. Definition-ln these rules, unless there is anything ' repugnant in the subject or context :-

(a) `Act' means the Minimum Wages Act, 1948,

(b) `Authority' means the office: appointed under sub-section (1) of section 20 of the Act

(d) `Section' means a section of the Act.

(e) `Treasury' means a treasury maintained and run by the Government of Raiasthan and includes a sub-treasury.

3. `Undisbursed' amounts `to be deposited with authority-(1) All amounts payable by an employer to the employee as the amount of minimum wages of the employee under the Act or otherwise due to the employee under the Act or any rule or order made there under shall, if such amount could not and cannot be paid to the employees on account .of his death before, payment or on account of his whereabouts not being known be deposited with 'the `Authority within three months from the date when the amount of minimum wages or other amount otherwise due as aforesaid, became payable to the employee-concerned.

(2) An employer depositing the amount. with the Authority under sub-rule (1) shall furnish therewith a statement in Form `A' and the Authority shall give a receipt in Form '8' for the amounts So deposited.

4. Amounts unclaimed for three years to be credited to State Government-Where any employee: to whom the amount is payable or any person entitled to claim it on his behalf fails to draw it from the Authority within a period of three years from the date on which the amount is deposited with the Authority under rule 3, the amount shall at the-end of each financial year be paid to the Treasury to the credit of the State Government as deposited unclaimed for eventual benefit-of any person who may duly established his claim thereto.

5. List of amounts unclaimed to be posted in the office of the Authority-(!) ln the month of January, each year, list showing the amount which at the end of financial year will be due for being credited to the State Government under rule 4 and the names of the persons to whom the said amounts are payable shall be posted in the office of the Authority.

(2) lf the said amounts are not claimed by any person before the 25th March in that year, the Authority shall deposit the same into the Treasury to the credit of State Government before the 31st day of March in that year:

(3) ln the month of April following. the Authority shall furnish to the Accountant General, Rajasthan, a statement of all the amounts credited to the State Government showing separately the said amounts in serial order, the name of persons to whom they were payable and the dates on which the said amounts were payable and the dates on which the said amounts were credited to the State Government.

6. Refund.-If any person proves to the satisfaction of the Authority that he is entitled to uny amount credited the State Treasury under rule 4, the Authority shall make an application in From `C' to the Accountant General Rajasthan for the refund of the said amount and the Accountant General shall refund of the Authority after verying that it has been received by him and was credited to the State Treasury under rule 4.

FROM `A,.

[See rule 3 (2)I Deposit of amounts payable to the Employee Amount of Rs .,....................... (Rupees ) is hereby presented for (deposit as) required by section 22 of the Minimum Wages Act,1948, which was payable to Shri /Kumari residing at ......................... On undisbursed on account of his/her death, which occurred on are not known.

19 ............. But remained .......... and his/her whereabouts Signature of Employee Name of the establishment FORM `8' [See rule 3 (2) I Amount deposited under section 22D of the Minimum Wages Act, 1948 Book No Name of depositor Receipt NO, Name of the establishment for which the depositor is Employer .............

In favour of .......,.........

Amount deposited Rs ................. (Rupees ............................... ) Date of deposit ......-- Authority;

Ounder Minimum Wages Act.

I:ORM `C, .

[See Rule 6] Application for Refund office of the Authority Under the Minimum Wages Act,1948.

Dated..................„.......19...

To, The Accountant General, Rajasthan, Jaipur .-..

Sir, I have the honour to report that minimum has been preferred by -.....-.. for an amount of Rs .---- (Rupees---_._) bearing serial No.--of 19 ...... in the statement furnished to you under `sub-rule (2) of Rule 5 of the 'Rajasthan Minimum Wages (Undisbursed Amounts) Rules, 1961 which was credited to the State Government Treasury/Sub-Treasury- - .......On"......

2. I have satisfied myself of the validity of the claim and request that the Treasury Officer_ ........

be authorised, to refund the said amount.

Yours faithfully, Authority Under Minimum Wages Act.

State Notifications under the Minimum Wages,1948

(1) Jaipur, March 19, 1952 No. 433/Lab.-ln exercise of the Powers conferred by section 20 of the Minimum Wages Act, 1948,(Xl of 1948), the Government of Rajasthan is pleased to appoint the Commissioner for Workmen's Compensation, Rajasthan, as the `Authority' to hear and 'decide for the whole of Rajasthan all claims arising out of payment of less than the minimum rates of Wages to employees employed or paid in Raj.asthan.

By Order of His Highness the Rajpramukh, Secretary to the Government.

[Published in Raj. Rajpatra Vol.-3 No: 183 Dated 22-8-52 at page 1166 I

(2) Jaipur, May 19,1953, No. F. 15 (8) Lab,/53-ln exercise of powers conferred by sub-clause (1) of section 19 of the Minimum `Wages Act the Government of Raj.asthan is pleased to appoint the Labour Officers as the Inspectors under Minimum Wages Act for the enforcement of the Act in the employment given in Schedule 1 of the said Act, for their respective jurisdiction.

By Order of His Highness the Rajpramukh, Secretary to the Government, [Published in Rajasthan Raj.patra Dated May 30, 1953 part 1 (a) at page 208]

(3) Jaipur, March 28, 1955.

No, F.:15 (3) Lab/55-ln exercise of powers conferred by section 20 (1) of the Minimum Wages Act,1948 (XI Of 1948) the Government of Rajasthan js pleased to appoint the Labour Commissione; Rajasthan who is the Commissioner for workmens Compensation Rajasthan' as the `Authority' to hear and decide for the whole of Rajasthan Claims arising .out of Payment of less than minimum rates of wages to employees employed or paid in Rai.asthan in Central undertakings.

`By Order of His Highness the Rajpramukh, Secretary to the Government, [Published in Rajasthan Rajpatra Dated April 9, 1955-56 part 1 (a) at page 9]

(4) Labour Department NOTIFICATION Jaipur, July 13, 1957 No.1/36/57 LAB/4508.-In exercise of powers Conferred by sub-section (1) of section 19 of the Minimum Wages Act, 1948 (Xl of 1948), the Government of Rajasthan hereby appoints the Officers specified in column (1) of the schedule hereto annexed to be Inspectors for the purpose of the said Act within the local limits specified in the corresponding entries in column

(2) thereof-

SCHEDULE

1. Designation of officer 1 Territorial Jurisdiction 2

1. Assistant Labour commissioner (admn.) with Headquarters at Jaipur Conciliation Officer, jaipur " `` Bhilwara `` " Bikaner " " Kota " " Jodhpur " " Ajmer Whole of Raj.asthan State DIVISIONAL STAFF Ajmer, Division, excluding Ajmer District Udaipur District Bikaner Division Kota Division Jodhplur Division Ajmer District.

By order of the Governor Secretary to the Government [Published in Raj.asthan Rajpatra, Dated July 25; 1957 Part I (b) at age 181]

(5) Labour Department NOTIFICATION Jaipur, February 1, 1962 No. F.:3 (20)/Lab./61.-In exercise of the powers conferred by sub-section (1) of section 20 of the Minimum Wages Act, 1948 (Central Act lt of 1948), which has been delegated by the Central Government to the State Government by means of Ministry of Labour & Employment Notification No. LWI-1-2 (21)/58, dated the 23rd September,1959 and in supersession of Rajasthan Government Notification No. F. 15 (3)/Lab/55, dated the 28th March,1955, the State Government of Rajasthan hereby appoints the Labour Commissioner, Rajasthan to be the authority competent to hear and decide claims arising `out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for weekly days of rest or for work done on such days under clause. (b) or (c) of sub-section (1) of section (13) of the said Act or in respect of Wages Payable at the overtime rate of Wages under section .14 of the said .Act, to employees employed in any Scheduled employment within the State of Rajasthan for which the Central Government is the appropriate Government.

[Published in Raj. Raj.patra Part lv (c) dated April 26,1962 at page 123-124].

(6) Jaipur, February 14,1962 No. F. 3 (123)/Lab/61.-ln exercise of the powers conferred by sub-section (1) of section 22F of the Minimum Wages Act, 1948 (Central Act 11 of 1948), the State Government hereby directs that all the provisions of the Payment of Wages. Act, 1936 (Central Act 4 of 1936) shall apply to wages payable to employees of the following schedule employments, with effect from the date of publication of this notification in the Official Gazette namely:-

1. Employment in any woolen carpet making or shawl weaving establishment.

2. Employment in any rice mill, flour mill or dal mill.

3. Employment in any tobacco (including bidi making) `manufacturing.

4. Employment in any oil mill.

5. Employment under any focal authority.

6. Employment on the construction or maintenance or road and building Operations.

7, Employment in stone breaking or stone crushing.

8. Employment in any mica works.

9. Employment ia public motor transport.

[Pub. in. Raj. Rai.-patra. part lv(C) dated 26-4-1962 at page 123-124]

(7) Noti. No. F 1(1) (4) L .& E/67, dated 25-5.67 ln exercise of the powers conferred by. sub-section (1) of section 19 of the Minimum Wages Act.1948 (Central Act) and in supersession of this Department Notification No. F. 9 (1)

(35) Lab /63, dated -the 9th August,1965, the State Government hereby appoints the following to be Inspectors for the purposes of the said Act, for the areas specified against each. namely Serial No. Designation Jurisdiction 1 2 3

1. Labour Inspector, Jaipur I For Jaipur City

2. Labour Inspector, Jaipur 11 For jaipur District (except Jaipur City)

3. Labour Inspector, Sawai Madhopur For Sawai Madhopur District

4. Labour Inspector, Ajmer For Ajmer City

5. Labour Inspector, Beawar For Ajmer District (except Ajmer City)

6. Labour Inspector, Kota I For Kota City

7. Labour Inspector, Kota 11 For Kota District (excluding Kota City & including Rana Pratap Sagar Proj.ect in Chittorgarh District

8. Labour Inspector, Bundi For Bundi District.

9. Labour Inspector, Jodhpur I For Jodhpur City

10. Labour Inspector, Jodhpur 11 For Jodhpur District (except Jodhpur City) & Jaisalmer District

11. Labour Inspector, Bikaner For Bikaner and Churu District

12. Labour Inspector, Shriganganagar For Shriganganagar

13. Labour Inspector, Bhilwara For Bhilwara District

14. Labour Inspector, Udaipur For Udaipur District

15. Labour Inspector, Chittorgarh For Chittorgarh District (excluding Rana Pratap Sagar Project in Chittorgarh District)

16. Labour Inspector, Dungarpur For Dungarpur and Banswara District

17. Labour Inspector, Jhalawar For Jhalawar District

18. Labour Inspector, Tonk For Tonk District

19. Labour Inspector, Bharatpur For Bharatpur District

20. Labour Inspector, Alwar For Alwar District

21. Labour Inspector,Sikar For Sikar & Jhunjhunu Districts

22. Labour Inspector, Nagaur For Nagaur District

23. Labour Inspector, Pali For Pali & Barmer Districts

24. Labour Inspector, Jalore For Jalore & Sirohi Districts [Pub in Raj. Gazette Part lv-C Ext. dated 31-5-1967}

(8) Notification No. F. 3 (39) Lab./63, dated 31-5-67 ln exercise of the powers conferred by sub-section (1) of section 20 of the Minimum Wages Act, 1948 (Central Act XI of 1948), and in supersession of this Department Notification No. F. 3 (39) Lab/63, dated llth August,1965 and No. F. 3 (39) Lab./63 dated 15th July, 1966, the State Government hereby appoints the following officers by virtue of their appointment as `Workmen's Compensation Commissioners vide Notification No. F. 3 (39) Lab./63, dated the 30th May,1967 to be the Authorities, to hear and decide all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work done on such days under clause (b) or clause (c) of sub-section (1) of section 13 or of wages at the overtime rate under section 14 of the said Act, to employees or paid in the areas specified against each namely :- S.No. Designation Jurisdiction 1 2 3

1. Regional Assistant LabourCommissioner,Jaipur For Jaipur and Tonk District

2. Regional Assistant Labour For Kota, Bundi and Jhalawar District and for area of Commissioner, Kota Rana Pratap Sagar Project in Chittorgarh District

3. Regional Assistant Labour For Jodhpur, Jaisalmer, Pali, Barmer, Sirohi, Jalore and Commissioner, Jodhpur Nagaru District

4. Regional Assistant Labour For Bhilwara and Chittorgarh District excluding the Commissioner, Bhilwara area of Ranapratap Sagar Proj.ect in Chittorgarh District

5. Regional Assistant LabourCommissioner,Aj.mer For Ajmer, Sikar & Jhunjhunu Districts

6. Regional Assistant LabourCommissioner,Bikaner For Bikaner, Churu and Shri Ganganagar Districts

7. Regional Assistant LabourCommissioner,Udaipur For Udaipur, Banswara and Dungarpur Districts

8. Regional Assistant LabourCommissioner,Bharatpur For Bharatpur, Alwar & Sawai Madhopur Districts [ Pub. in Raj. Gaz. Part lv (C) Ext. dated 31-5-67)

(9) No. S.O. 51, dated March 25,1969-ln exercise of the powers conferred by section 27 of the Minimum Wages Act, 1948 (Central Act Xl of 1948) and after taking into consideration the objections and suggestions received ia pursuance of this Department notification of even number dated the 30th January, 1967 published io the Rajasthan Rajpatra, Part IV (C), dated the 7th September,1967 the State Government hereby amends Part-I of the Schedule to the said Act in its application to this State, by adding thereto the following employment in respect of which it is of opinion to fix minimum wages under the said Act, namely :- "15-Employment in Soap Stone Factories."

[Published in Raj. Rajpatra, Part lv (C), dated 25-3-1969, page 1197)

(10) Order No. F. 1 D 37/Lab/72 dated May 5,1962 S. 0. 64-Whereas, the University of Rai.asthan has submitted an application for using muster Roll and Wages Register in the forms attached hereto instead of in the forms prescribed by Rule 27 of the Rajasthan Minimum Wages Rules,1959:

And whereas, the said forms of Muster Roll and Wage Register are Similar to the forms prescribed by the said rule ;

Now, therefore, in exercise of the powers conferred by sub-rule (7) of rule 27 of the Rajasthan Minimum Wages Rules,1959, 1, N. K. Joshi, Labour Commissioner, Rajasthan, Jaipur do hereby approve the use of said forms of Muster Roll and Wage Register by the University of Rajasthan in place of the forms prescribed by the said rule.

Order No. F.1 (13) (19) Shram/75 dated September 17,1975, S.0. 130-The Government is pleased to constitute State Level Apex Body to look into the matters relating to Strikes, Lockouts, closures, lay-offs and large scale retrenchments, in pursuance of the directions from the Government of India. The Committee shall consist of the following :-

1. Labour Minister, Rajasthan

2. State Minister, Labour ;

3. Labour Secretary

4. Labour Commissioner & Addl. Secretary to Govt. .

Representing Employers :

1. Employers' Association of Rajasthan

2. Rajasthan Textile Mills Association

3. Industries Association of Rajasthan Chairman Vice-Chairman Member Member two representatives.

two representatives:

one representative.

4. Commissioner, State Enterprises, Rajasthan- one representative Representing Workmen : - 1 INTUC -"three representatives.

2. AITUC -three representatives, Joint Labour commissioner & Dy. Secy. to Government- Member secretary.

The Association of Employers' and Organisations of Labour shall intimate names of persons.

who would attend the meetings of this Body on behalf of their Organisations. The Associations/Organisations can send alternate Member in place of duly nominated Member, if the duly nominated Member is unable to attend meeting for certain reasons.

[Pub. in Raj. Gaz. Extra Ordi. Part lv C dt.19.9.1975 P. 282-283)

(11) Notification No. F. (7) (5) L & E/66 dated July 26,1972 GSR. 49-ln exercise of the powers conferred by section 30 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), the State Government hereby makes the following amendment in the Rajasthan Minimum Wages Rules,1959, the same having been Previously published in the Rajasthan Gazette, Part-3 (b), dated the 30th December,1971 vide Notification No. F. 1 (7)

(9) Shram:66, dated 21.12.1971, as required by sub-section (1) of the said section, namely- AMENDMENT ln sub-rule (3) of rule 24-A of the said rules, after the words 'No worker in any establishment. and before the words shall be required or allowed', the words 'other than a worker i.n employment in agriculture', shall be inserted.

[Pub. in Raj Gaz. Part lv-C dt 27.7.72 P. 253 }

(12) LABOUR & EMPLOYMENT DEPARTMENT Notification No. F 2(5) (8) Shram/69 March 9, 1973.

S. 0. 379 (78).-ln exercise of the powers conferred by section 27 of the `Minimum Wages Act, 1948 (Central Act 11 of 1948) and after taking into consideration the objections and suggestions received in pursuance of this Departments notification of even No. dated 17th August, 1972, published in the Rajasthan Gazette, Part lv-C, dated 24th August, 1972, the State Government hereby amends Part-1 of the Schedule to the said Act in its application to this State, by adding thereto the following employments in respect of which it is of Opinion to fix minimum rates of wages under the said Act, namely :-

19. Power Loom Factories

20. Automobile Workshops

21. Cinema Industry.

22. Hotels and Restaurants

23. Shops and commercial Establishments

24. Small Scale Industries

25. Gota Kinari and Lappa Establishments

26. Glass and Chinaware Establishments

27. Sugar Pans running without the aid of mechanical power [Pub. in Raj. Gaz. Part lv dated 15.3.1973 P. 269 (113)I

(13) Notification No. F. ) (1)(1) Lab. 67 dated Nov. 29, 1973.

S. 0. 125-In exercise of the powers Conferred by sub-section (1) of Section 20 of the Minimum Wages Act,1948 (Central Act Xl of 1948) and in Supersession of all previous notifications issued in this respect, the State Government hereby appoints the following officers by virtue of their appointment as Workman's Compensation Commissioners in their respective jurisdiction to be the Authorities to hear and decide all claims arising out of payment of less than the minimum rates of wages or in respect of the payment of remuneration for days of rest or for work Gone on such days under clause (b) or clause (c) of sub section (1) of Section 13 or of wages at the overtime rate under Section 14 of the said Act, to employees employed or paid in the areas specified against each, namely ;:- State

2. Regional Dy. Labour Commissioner. Jaipur For Jaipur and Tonk Districts

3. Regional Dy. Labour Commissioner, For Jodhpur, Jaisalmer, Jodhpur Nagaur, Barmer, Sirohi and Jalore Districts

4. Regional Dy. Labour Commissioner, Kota For Kota, Bundi and Jhalawar Districts

5. Regional Dy. Labour Commissioner, For Udaipur, Banswara and Udaipur Dungarpur Districts

6. Regional Dy. Labour Commissioner, Ajmer For Ajmer, Sikar and Jhunjhunu Districts

7. Regional Dy. Labour Commissioner, For Bikaner, Ganganagar and Bikaner Churu Districts

8. Regional Dy. Labour Commissioner, For Bharatpur, Sawai Bharatpur Madhopur and Alwar Districts

9. Regional Dy. Labour Commissioner, For Bhilwara and Chittorgarh Bhilwara Districts [Pub in Raj. Gaz. Extra ordi. Part lv-C dt. 6.12.1973 F. 279, 280)

(14) Notification No. F.1 (5) (2) Shram/74 December 10, 1974.

S.O. 175.-ln exercise of powers conferred by sub-section (2) of section 26 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), the State Government hereby directs that the provisions of the said Act So far as they relate to fixing of minimum rates of wages for the employees employed in any of the scheduled employments or in any locality, where such employment is carried on shall not apply in relation to employment of casual labour in scarcity areas on departmentally carried-out plan, DPAP and other departmental works, for a period of one year from the date of publication of this notification in the official gazette.

[Pub. in Raj. Gaz. Extra-ordi. Part lv-C dated 11.12.1974 P. 369.)

(15) Notification No. F.1 (5) (5) Shram/74 dated Dec. 12,1974, S.O.176 -ln pursuance of provisions of section 27 of the Minimum Wages Act,1948 (Central Act 11 of 1948), the State Government hereby gives three month's notice of its intention to amend ``part I of the Schedule to the said Act in its application to the State of Rajasthan, by adding thereto the following employment in respect of which it is of the opinion that the minimum rates of wages should be fixed under the said Act, namely :- Jewellery Trade and Industry.

[Pub. in Raj. Gaz. Extra-ordi. Part lv-C dated 13.12.1974 P. 37]. I ;

(16) LABOUR DEPARTMENT Notification No. F. (5) ( ) Shram/75 dt. August 20,1975.

G.S R. 485.-ln pursuance of the provisions contained in Section 27 of the Minimum Wages Act,1948 (Central Act 11 of 1948), in the application to the State of Rajasthan the State Government hereby gives three months' notice of its intention to add to Part of the Schedule to the said Act, the following employment, in respect of which the State Government is of opinion that minimum rates of wages should be fixed under the said Act, namely :- :

32. Employment in wood and furniture making industry.

33. Employment in Tailoring industry.

34. Employment in cold Storage and Ice Candy industry.

35. Employment in Brick Kiln Industry. .

36. Employment in Tendu Patta Industry.

[ Pub. in Raj, Gaz. Part lv-C dt. 25.9.75 P. 345-346.I

(17) Notification No. F. 1(4) (2) Shram/75 dated, September 30,1975.

S.O. 150-lJn exercise of the powers conferred to sub-section(2) of section 26 of the Minimum Wages Act,1948 (Central Act 1] of 1948), the State Government hereby directs that the provisions of section 13 & 14 of the said Act, in so far as, they relate to the employees, employed in any of the printing presses in various districts of the State. where the work of printing of Assembly Electoral Rolls,1975 for Lok Sabba General Elections, 1976, is to be carried on, shall remain suspended for the period from 1-9-75 to 15-10-75 (both days inclusive), to meet the exceptional pressure of work, subject however, that the employees working in such establishments are given benefits of section 13(1) (a) and (b) and section 14 of the above said Act.

[Pub. in Raj. Gaz. Ext.-ordi Part lvc dated 4.10.1975 Page 337]

(18) Notification No. F.1 (1) (1) L & E/67 dt. Sep,16,1975.

S. 0. 126 :-In exercise of the powers conferred by sub-section (1) of section 19 of the Minimum Wages Act. 1948 (Central Act XI of 1948), the State Government hereby appoints the Extension Officers appointed under the Raj.asthan Panchayat Samities and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959) to be Inspectors for the purposes of the said Act for the areas of their respective jurisdiction.

[Pub. in Raj. Gaz. Extra-ordi. dart lvc dated 19.9.1975 Page 282. I

(19) Notification No. F.1 (1) (1) L & E/67 dt. Sep. 16,1975.

S. 0. 129.-ln exercise of the powers conferred by sub-section (1) of section 20 of the Minimum Wages Act,1948 (Central Act XI of 1948) as amended by the Wage Laws (Rajasthan Amendment) Ordinance, 1975 (Ordinance No. 18 of 1975), the State Government hereby appoints all Vikas Adhikaries appointed under the Rajastban Panchayat Samities and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959) in their respective jurisdiction to be the Authorities to hear and decide all claims arising out of payment of less than the minimum rates of wages or in respect of payment of the remuneration for days of rest or for work done on such days under clause (b) or clause(c) of sub-section (i) of section 13 or of wages at the over time rate under section 14 of the said Act to employees employed or paid to the employment in agriculture covered under Part 11 of the scheduled under the Minimum Wages Act,1948.

[Pub. in Raj. Gaz. Extra-ordi. Part lv-C dt. 19.9.1975 P, 282.I

(21) Notification No. F.1(5) [1) Lab./73, dated Sep. 3,1976:

S. 0. 246-ln exercise of the powers conferred by sub-section (3) of section 13 of the Minimum Wages Act, 1948 (Central Act 11 of 1948) the State Government declares the employment of Drivers of the inspection and light vehicles employed by or under Chief Engineer, Rajasthan Canal Project Bikaner as essentially intermittent, for the purpose of clause

(c) of sub-section (2) of the said Act, on the ground that daily hours of duty of such employees normally include period of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.

[Pub. in Raj. Gaz. part lv-C dated 29-9-1976 page 197|

(22) Notification No. F.1 (7) (9) Shram/66 dated December 30,1977.

S. 0. 672-ln exercise of the powers conferred by section 30 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), the State Government hereby makes the following amendment in the Raj.asthan Minimum Wages Rules,1959, the same having been previously published in the Rajasthan Gazette, Part lv-C, dated 10.3.77 vide Notification No. F.1 (7)(9) Shram/66, dated 28.3.77 as required by sub section (1) of the said section, namely- AMENDMENT For the existing clause (a) of rule 26, the following shall be substituted- "(a) in the case of employment in Agriculture at double the ordinary rate of wages," [Pub. in Raj. Gaz. part lv-C dated 5-1-1978 p. 425]

(23) Notification No. F. 1(5) (2) Shram/74 dated March 14, 1978.

S.O. 210-In exercise of powers conferred by sub section (2) Of section 26 of the Minimum Wages Act, 1948 (Central Act Xl of 1948), the State Government hereby directs that the provisions of the said section, as far as, they . relate to the fixing of minimum rates of wages of the employees employed io any of the scheduled employment or in any locality where such employment is carried on, shall not apply in relation fo employment on work carried on as Relief Works, departmentally, in the areas declared as affected with scarcity by the State Government under section 3 of the Rajasthan (Affected Areas) (Suspension of Proceedings) Act, 1952 [Act No. Xxl of 1952).

This order will remain in force upto the end of Sept.

[Published in Raj. Gaz, Extra-ordi. part lv-C (11) dated 17-2-1978 page 383]

The Rajasthan Minimum Wages Rules,1959

The enactment

Full text

Find the provision, not just read it