5Procedure for fixing and revising minimum wages
1[5. Procedure for fixing and revising minimum wages.--(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either--
(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or
(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.
(2) After considering the advice of the committee or committees appointed under clause (a) of sub-section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also. ]
STATE AMENDMENTS
Assam--
In Section 5 of the said Act, at the end of Clause (a) of Sub-section (1), for the comma and the word "or" after the word be", a colon shall be substituted and the following proviso shall be added, namely:--
"Provided the committees and sub-committee as so appointed may advise the appropriate Government in respect of fixation of wages on interim measure after holding such preliminary enquiries as the committee or the sub-committee, as the case may be, considers necessary in this behalf and the appropriate Government after considering such advice may fix the wages pending the fixation of the minimum rate of wages as required under sub-section (2) or".
[Vide Assam Act 19 of 1964, sec. 2 (w.e.f. 11-8-1964)].
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1.. Subs. by s. 4, ibid., for section 5.
- 1 Short title and extent
- 2 Interpretation
- 3 Fixing of minimum rates of wages
- 4 Minimum rate of wages
- 5 Procedure for fixing and revising minimum wages
- 6 [Omitted.]
- 7 Advisory Board
- 8 Central Advisory Board
- 9 Composition of committees, etc
- 10 Correction of errors
- 11 Wages in kind
- 12 Payment of minimum rates of wages
- 13 Fixing hours for a normal working day, etc
- 14 Overtime
- 15 Wages of worker who works for less than normal working day
- 16 Wages for two or more classes of work
- 17 Minimum time rate wages for piece work
- 18 Maintenance of registers and records
- 19 Inspectors
- 20 Claims
- 21 Single application in respect of a number of employees
- 22 Penalties for certain offences
- 22A General provision for punishment of other offences
- 22B Cognizance of offences
- 22C Offences by companies
- 22D Payment of undisbursed amounts due to employees
- 22E Protection against attachment of assets of employer with Government
- 22F Application of Payment of Wages Act, 1936, to scheduled employments
- 23 Exemption of employer from liability in certain cases
- 24 Bar of suits
- 25 Contracting out
- 26 Exemptions and exceptions
- 27 Power of State Government to add to Schedule
- 28 Power of Central Government to give directions
- 29 Power of the Central Government to make rules
- 30 Power of appropriate Government to make rules
- 30A Rules made by Central Government to be laid before Parliament
- 31 Validation of fixation of certain minimum rates of wages