Equal Remuneration Act 1976

Section 1: Commencement:

Come into force on 8th March 1976.
It extends to whole of India

Section 2: Important Definitions under this act:

Section 2(a) - Appropriate Government:

in connection to any business carried on by or under the expert of focal

government, or a railroad organization, or in connection to a managing an account

organization, a mine, oilfieldor major port or any corp established by or under a

central government, The Central Government., And,
in relation to any other employment, The State Government.

Section 2(c) - Employer:

has the meaning assigned to it in clause (f) of section 2 of Payment of Gratuity Act 1972,

which states:

'Employer' means, in relation to any establishment, factory, mine, oilfield, plantation,

port, railway company or shop-

belonging or under control of central or state government - a person appointed by

the appropriate government for the supervision and control of employees or when

no on has been appointed, the head of the ministry or department concerned.
having a place or under control of neighborhood expert - a man selected by such

specialist for the supervision and control , if not delegated, at that point the Chief
Executive Officer of the nearby expert.
In any other case, person, or authorized person who has the ultimate control over

the affairs of the establishment, factory, mine, oilfield, plantation, port, railway

company or shop and where the said affairs are entrusted to any other person

whether called a manager, managing director or by any other name.

Section 2(d) - 'Man' & 'Woman':

male and female human beings, respectively, of any age.

Section 2(e) - Notification:

notification published in the official gazette.

Section 2(g) - Remuneration:

means the basic wage or salary, and any additional emoluments whatsoever payable,

either in cash or in kind, to a person employed in respect of employment or work done

in such employment, if the terms of the contract of employment, express or implied,

were fulfilled.

Section 2(h) - Same work or work of similar nature:

Work in respect of which the skill, effort and responsibility required are the same, when

performed under similar working conditions, by a man or woman and the difference, if

any, not of practical importance.

Section 2(i) - Worker:

a worker in any establishment or employment in respect of which this act has came into

force.

Section 3 - Act to have overriding Effect

Section 4 - Duty of Employer to Pay Equal Remuneration to Men & Women

Workers for Same Work or Work of Similar Nature

Section 5 - No Discrimination to be made while recruiting Men & Women

Workers

Section 6 - Advisory Committee:

For the purpose of providing increasing employment opportunities for women
established by appropriate government, to advice it with regard to the extent to which women

may be employed in such establishment as the central Suitable government delegates suc

oficers, not beneath the rank of a Labor Officer, as it supposes fit to be the specialists to

hear and choosing protests Proper government designates such officers, not beneath the rank
of a Labor Officer, as it supposes fit to be the specialists to hear and choosing grumblings

government may, by notification, specify in this behalf.
comprise at least 10 people, to be assigned by suitable government, of which one half might

be ladies.

Section 7 - Power of Appropriate Government to appoint authorities for

hearing and deciding claims and complaints:

Fitting government delegates such officers, not beneath the rank of a Labor Officer, as it

supposes fit to be the specialists to hear and choosing objections as to repudiation of any

arrangement of this demonstration, claims emerging out of non installment of wages at break

even with rates to people for a similar work or work of comparable nature.

characterize as far as possible inside which each such specialist might practice its ward
every authority shall have all the powers of civil court under the code of civil procedure, 1908,

for the purpose of taking evidence and of enforcing the attendance of witnesses and

compelling the production of documents.
every such authority shall be deemed to be a civil court for all the purposes of section 195

and chapter XXVI of code of criminal procedure, 1973

Section 8 - Duty of Employers to Maintain Registers

Section 9 - Inspector:

appointed by appropriate government
to make an examination in the matter of whether the arrangements of this demonstration, are

being consented to by bosses and may characterize neighborhood constraints inside which

an inspector may make such investigation.
every inspector shall to be deemed to be a public servant
an inspector may, at any place, within the local limits of his jurisdiction-

enter at any sensible time, any building, production line, premises or vessel.
require any business to deliver any enroll, assemble roll or some other archive
take any evidence
examine the employer, his agent or servant or any other person in charge
make copies or take extracts from any register or document

Section 10 - Penalties:

if employer:

omits or fails to maintain any register, or
omits or fails to produce any register, or
omits or refuses to give any evidence, or
omits or refuses to give any information, shall be punishable of simple imprisonment,
which can extend upto 1 month or rs. 10,000 or both

on the off chance that, after the beginning of this demonstration, any business

makes any enrollment in negation of this demonstration, or

makes any payment of remuneration at unequal rates, or
makes any discrimination between men and women workers, or
omits or fails to carry out any direction made by appropriate government under
subsection (5) of section 6., shall be punishable with at least
Rs. 10,000, which may extend to Rs. 20,000 or imprisonment at least 3 months,
which may extend to 1 years, or both

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May 28, 2018

Monday 28 May 2018

Equal Remuneration Act 1976 | HR Training in chandigarh