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Section 30: Power of appropriate Government to make rules

The Minimum Wages Act 1948 (CENTRAL ACT)State Act of Tamil Nadu · Act 11 of 1948

(1) The appropriate Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, sub-committees, 3 *** and the Advisory Board;

1. Ins. by Act 30 of 1957, s. 15.

2. Ins. by Act 26 of 1954, s. 5.

3. The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16.

14

(b) prescribe the method of summoning witnesses, production of documents relevant to the subjectmatter of the enquiry before the committees, sub-committees, 1 *** and the Advisory Board;

(c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates;

(d) prescribe the time and conditions of payment of, and the deductions permissible from, wages;

(e) provide for giving adequate publicity to the minimum rates of wages fixed under this Act;

(f) provide for a day of rest in every period of seven days and for the payment of remuneration in respect of such day;

(g) prescribe the number of hours of work which shall constitute a normal working day;

(h) prescribe the 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;

(i) prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records;

(j) provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips;

(k) prescribe the powers of Inspectors for purposes of this Act;

(l) regulate the scale of costs that may be allowed in proceedings under section 20;

(m) prescribe the amount of court-fees payable in respect of proceedings under section 20; and

(n) provide for any other matter which is to be or may be prescribed.

2 [30A. Rules made by Central Government to be laid before Parliament.—3 [(1)] Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

4 [(2) every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

5 [31. Validation of fixation of certain minimum rates of wages.—Where during the period—

(a) commencing on the 1st day of April, 1952, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954); or

(b) commencing on the 31st day of December, 1954, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1957 (30 of 1957); or

(c) commencing on the 31st day of December, 1959, and ending with the date of the commencement of the Minimum Wages (Amendment) Act, 1961 (31 of 1961), minimum rates of wages have been fixed by an appropriate Government as being payable to employees employed in any employment specified in the Schedule in the belief or purported belief that such rates were being fixed under clause (a) of sub-section (1) of section 3, as in force immediately before the commencement of the Minimum Wages (Amendment) Act, 1954 (26 of 1954), or the Minimum Wages

1. The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16

2. Ins. by Act 31 of 1961, s. 3

3. Section 30A re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).

4. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 11-1-2005).

5. Subs. by Act 31 of 1961, s. 4, for section 31.

15 (Amendment) Act, 1957 (30 of 1957), or the Minimum Wages (Amendment) Act, 1961 (31 of 1961), as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed:

Provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of non-compliance during the period aforesaid with any order or rule issued under section 13.]

16 THE SCHEDULE [See sections 2(g) and 27]

PART 1

1. Employment in any wollen 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) manufactory.

4. Employment in any plantation, that is to say, any estate which is maintained for the purpose of growing cinchona, rubber, tea or coffee.

5. Employment in any oil mill.

6. Employment under any local authority 1 [7. Employment on the construction or maintenance of roads or in building operations.]

8. Employment in stone breaking or stone crushing.

9. Employment in any lac manufactory.

10. Employment in any mica works.

11. Employment in public motor transport.

12. Employment in tanneries and leather manufactory.

2 [Employment in gypsum mines.

Employment in barytes mines.

Employment in bauxite mines.]

3 [Employment in manganese mines.]

4 [Employment in the maintenance of buildings and employment in the construction and maintenance of runways.]

5 [Employment in China Clay mines.

Employment in Kyanite mines.]

6 [Employment in Copper mines.]

7 [Employment in clay mines covered under the Mines Act, 1952 (35 of 1952).]

8 [Employment in magnesite mines covered under the Mines Act, 1952 (35 of 1952).]

9 [Employment in white clay mines.]

10 [Employment in stone mines.]

11 [Employment in steatile (including the mines producing Seapstone and Tale).]

12 [Employment in Ochre Mines.]

13 [Employment in Asbestos mines.]

1. Subs. by Act 30 of 1957, s. 18, for item No. 7.

2. Ins. by notification No. S.O. 3760, dated 4th December, 1962.

3. Ins. by notification No. S.O. 3760, dated 30th October, 1962.

4. Ins. by notification No. S.O. 1987, dated 30th May, 1968.

5. Ins. by notification No. S.O. 586, dated 5th February, 1970.

6. Ins. by notification No. S.O. 795, dated 13th February, 1970.

7. Ins. by notification No. S.O. 796, dated 18th February, 1970.

8. Ins. by notification No. S.O. 2357, dated 1st July, 1970.

9. Ins. by notification No. S.O. 3896, dated the 3rd September, 1971.

10. Ins. by notification No. S.O. 3898, dated 15th September, 1971.

11. Ins. by notification No. S.O. 2972, dated 1st July, 1972.

12. Ins. by notification No. S.O. 2973, dated 1st July, 1972.

13. Ins. by notification No. S.O. 2974, dated 6th July, 1972.

17 1 [Employment in Fire Clay mines.]

2 [Employment in Chromite mines.]

3 [Employment in quartizite mines.

Employment in quartz mines.

Employment in silica mines.]

4 [Employment in graphic mines.]

5 [Employment in feldspar mines.]

6 [Employment in laterite mines.]

7 [Employment in dolomite mines.]

8 [Employment in redoxide mines.]

9 [Employment in wolfram mines.]

10 [Employment in iron ore mines.]

11 [Employment in granite mines.]

PART II

1. Employment in agriculture, that is to say, in any form of farming, including the cultivation and tillage of the soil, dairy farming, the production, cultivation, growing and harvesting of any agricultural or horticultural commodity, the raising of live-stock, bees or poultry, and any practice performed by a farmer or on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering operations and the preparation for market and delivery to storage or to market or to carriage for transportation to market of farm produce).

1. Ins. by notification No. S.O. 1587, dated 24th May, 1973.

2. Ins. by notification No. S.O. 2311, dated 3rd July, 1975.

3. Ins. by notification No. S.O. 4030, dated 4th February, 1976.

4. Ins. by notification No. S.O. 558, dated 29th January, 1977.

5. Ins. by notification No. S.O. 1823, dated 14th June, 1978.

6. Ins. by notification No. S.O. 2945, dated 22nd September, 1978.

7. Ins. by notification No. S.O. 2950, dated 25th September, 1978.

8. Ins. by notification No. S.O. 3248, dated 26th October, 1978.

9. Ins. by notification No. S.O. 3671, dated 7th December, 1978.

10. Ins. by notification No. S.O. 1757, dated 16th June, 1980.

11. Ins. by notification No. S.O. 2473, dated 3rd September, 1980.

Where this provision sits

ActThe Minimum Wages Act 1948 (CENTRAL ACT)
Section30
Marginal notePower of appropriate Government to make rules
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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