Amendment status not verified — confirm the current text below against the official source.
Interpretation.—In this Act, unless there is anything repugnant in the subject or context,— 4[(a)“adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa)“adult” means a person who has completed his eighteenth year of age;] (b) “appropriate Government” means— (i) in relation to any scheduled employment carried on by or under the authority of the 5[Central Government or a railway administration], or 1 For Statement of Objects and Reasons, see Gazette of India, 1946, Pt. V, p. 224 and for the Report of the Select Committee, sec Gazette of India, 1948, Pt. V, pp. 55-58. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch. I, to Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. 1 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965. sec. 3 and Sch. The provisions of this Act shall come into force in the State of Sikkim with effect from 1st day of October, 2004,vide S.O. 1078 (E), dated 1st October, 2004. 2 Subs. by the A.O. 1950, for ‘all the Provinces of India’. 3 The words ‘except the State of Jammu and Kashmir’ omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 4 Subs. by Act 61 of 1986, sec. 23, for clause (a) (w.e.f. 23-12-1986). 5 Subs. by Act 30 of 1957, sec. 2, for “Central Govt, by a railway administration” (w.e.f. 17-9- 1957). in relation to a mine, oil-field or major port, or any corporation established by 1[a Central Act], the Central Government, and (ii) in relation to any other scheduled employment, the 2 [State Government]; 3[(bb)“child” means a person who has not completed his fourteenth year of age;] (c) “competent authority” means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification; (d) “cost of living index number” in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the Official Gazette to be the cost of living index number applicable to employees in such employment; (e) “employer” means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, and includes, except in sub-section (3) of section 26,— (i) in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person named under 4[clause (f) of sub- section (1) of section 7 of the Factories Act, 1948 (63 of 1948)], as manager of the factory; (ii) in any scheduled employment under the control of any Government in India in respect of which minimum rates of wages have been fixed under this Act, the person or authority appointed by such Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (iii) in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this Act, the 1 Subs. by the A.O. 1950, for “an Act of the Central Legislature”. 2 Subs. by A.O. 1950, for “Provincial Government”. 3 Ins. by Act 61 of 1986, sec. 23 (w.e.f. 23-12-1986). 4 Subs. by Act 26 of 1954, sec. 2, for “clause (e] of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)” (w.e.f. 20-5-1954) 9(3) The Punjab Minimum Wages Rules, 1950 person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iv) in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this Act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages; (f) “prescribed” means prescribed by rules made under this Act; (g) “scheduled employment” means an employment specified in the Schedule, or any process or branch of work forming part of such employment; (h) “wages” means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment 1[and includes house rent allowance], but does not include— (i) the value of (a) any house accommodation, supply of light, water, medical attendance, or (b) any other amenity or any service excluded by general or special order of the appropriate Government; (ii) any contribution paid by the employer to any Pension Fund or Provident Fund or under any scheme of social insurance; (iii) any travelling allowance or the value of any traveling concession; (iv) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (v) any gratuity payable on discharge; (i) “employee” means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed; and includes an out-worker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale 1 Ins. by Act 30 of 1957, sec. 2 (w.e.f. 17-9-1957). for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the out-worker or in some other premises not being premises under the control and management of that other person; and also includes an employee declared to be an employee by the appropriate Government; but does not include any member of the Armed Forces of the 1[Union]. (i) A detective agency is not covered under the provisions of this Act. There is no logic that when the employees as engaged through the detective agency worked in an engineering industry, the employer is liable to pay the minimum wages but when the same employees engaged by the detective agency are on private duty, they arc not entitled to such minimum wages. Hence, no relief could be granted, either against the contractor or the principal employer, Linge Gowda Detective and Security Chamber (P) Ltd. v. Authority under Minimum Wages Act, 1998 LTR 77. (ii) The definition of “employer” is a restrictive definition and only a person who employs one or more employees in any scheduled employment would be the employer within the meaning of the Act and no doubt it includes the employees as detailed in the various sub-clauses of section 2(e); A.V. Parkash v. Senior Labour Inspector, 1994 LLR 304 (Karn). (iii) A piece-rated worker is also entitled to receive the minimum wages irrespective of his output; Bandhua Mukti Morcha v. Union of India, (1984) SCC (L&S) 389. (iv) Where certain tube-well operators were working in the District and Taluka Panchayats they would be in the Scheduled employment as contemplated by section 2(g), employment under any local authority being item 6 in the Schedule to the Act, and as such, would be entitled to minimum wages under the Act; Patel Ishwerbhai Pramod Bhai v. Taluka Development Officer, 1983 Lab 1C 321: (1983) 1 SCC 403: 1983 (62) FJR 189: (1983) 1 LLJ 237. (v) Any payment which partakes the nature of lay-off compensation cannot fall within the term “wages” as defined in section 2(h); Madhya Pradesh Bidi Udyog Sangh, Sagar v. State of Madhya Pradesh, 1981 Lab 1C 363: 1981 Lab LN 434: (1981) LLJ 756. 1 Subs. by the A.O. 1950, for “Crown”. Case Law 9(3) The Punjab Minimum Wages Rules, 1950 (vi) Having regard to the context and object of the Act, a discharged employee must also be held to be an employee within the meaning of the Act; Athni Municipality v. Shiettappa Laxman Pattan, (1965) II LLJ 307. (vii)Under the definition of the word “employer” in section 2(e)(iv) of the Act , any person responsible to the owner for the supervision and control of the employees or for the payment of wages to them is also an employer; Shiv Prasad Ghosh v. District Judge, 1963 (6) FJR 447: (1963) II LLR.) 384. (viii)An ex-employee is competent to claim relief under the Minimum Wages Act; Chacko v. Varkey 1961 (3) FLR 508: 1961-62 (21) FJR 493.