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REGISTERED No.D-(D)--72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 29] NEW DELHI, THURSDAY, FEBRUARY 12, 1976/MAGHA 23, 1897

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 12th February, 1976/Magha 23, 1897 (Saha)

The following Act of Parliament received the assent of the President on the 11th February, 1976, and is hereby published for general informa- tion:^

THE EQUAL REMUNERATION-ACT, 1976 No. 25 OF 1976

[11th February, 1976J

An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the

Republic of India as follows: —

CHAPTER I

PRELIMINARY

   1.  (1)  This  Act may be called  the Equal  Remuneration  Act, 1976,         Short
                                                                                 title,
    (2)  It  extends  to  the  whole  of  India.                                 extentand
    (3)  It  shall  come  into  force  on  such  date,  not being  later  than  three commen-
years  from  the  passing  of  this  Act, as the  Central  Government  may, by   cement.
notification,  appoint  and  different  dates  may be  appointed  for  different
establishments  or  employments.

2. In this Act, unless the context otherwise requires,—

Defini,

tions.

(a) "appropriate Government" means,—

( 1 8 9)

(i) in relation to any employment carried on by or under the authority of the Central Government or a railway adminis- tration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government and

(ii) in relation to any other employment, the State Gov-

ernment;

(b) "commencement of this Act" means, in relation to an estab- lishment or employment, the date on which this Act comes into force in respect of that establishment or employment;

(c) "employer" has the meaning assigned to it in clause (f) of

section 2 of the Payment of Gratuity Act, 1972; 39 of \972.

(d) "man" and "woman" mean male and female human "beings,

respectively, of any age;

(e) "notification" means a notification published in the Official

Gazette;

(/) "prescribed" means prescribed by rules made under this

Act;

(gf) "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;

(h) "same work or work of a similar nature" means work In respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment;

(i) "worker" means a worker in any establishment or employ-

ment in respect of which this Act has come Into force;

14 of 1947.

(j) words and expressions used in this Act and not denned but defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act.

Act to have over- riding effect.

.1. The provisions of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in any other law or in the xerms of any award, agreement or contract of service, whether made before or after the commencement of this Act, or in any instrument having ef?cvt under any law for the time being in force.

CHAPTER II

PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS

AND OTHER MATTERS

4. (1) No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature.

(2) No employer shall, fo: the purpose of complying with the provi- sions of sub-section (1), reduce the rate of remuneration of any worker.

Duty at employer to pay equal remune- ration to men and women woricera for same work or worlc of a similar nature.

(3) Where, in an establishment or employment, the rates of remune- ration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, Vhen the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two rates), of such rates shall be the rate at which remunera- tion shall be payable, on and from such commencement, to such men and women workers:

Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act.

5. On and from the commencement of this Act, no employer shall, while making recruitment for the same work or work of a similar nature, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force:

No dis- crimina- tion to be made while recruit- ing men and women workers.

Provided that the proMsionis of this section shall ntohi affect any priority or reservation for Scheduled Castes or Scheduled Tribes, ex- eervicemen, retrenched employees or any other class or category of per- sons in the matter of recruitment to the posts in an establishment or employment.

Advisory Commit-

tee.

16. (1) For the purpose of providing increasing employment opportu- nities for women, the appropriate Government shall constitute one 01 more Advisory Committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf.

(2) Every Advisory Committee shall consist of not less than teri persons, to be nominated by the appropriate Government, of which one- half shall be women.

(3) In tendering its advice, the Advisory Committee shall have regard to the number of women employed in the conccrrr.-il establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part-time employment, and such other relevant factors as the Committee may think fit.

(4) The Advisory Committee shall regulate its own procedure.

(5) The appropriate Government may, after considering the advice tendered to it by the Advisory Committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate Government may think fit.

7. (1) The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding—

(a) complaints with regard to the contravention of any provision

of this Act;

(b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature,

and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction.

power of appro, prlato Govern- ment to appoint authori- ties t Of hearing and decid- ing claims and com- plaints.

(2) Every complaint or claim referred to in sub-section (2) shall be

made in such manner as may be prescribed.

(3) If any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the autho- rity appointed under sub-section (2).

(4) Where a complaint or claim is made to the authority appointed under sub-section (1), it may, after giving the applicant and the employer an opportunity of being heard, and after such inquiry as it may consider necessary, direct,—

(i) in the case of a claim arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount ac- tually paid;

(il) in the case of complaint, that adequate steps be takc-n by the employer so as to ensure that there is no contravention of any provision of this Act.

(5) Every authority appointed under sub-section (1) shall have all the

6 of 1908.

powers of a 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, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

2 of 1974.

(6) Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the appropriate Government may, by notification, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further arapeal shall lie against the order made by such authority.

(7) The authority referred *t'o in sub-section (6*) may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the

appeal within the period specified in sub-section (6), allow the appeal to be preferred within a further period of thirty days bu*ii not thereafter.

14 of 1947.

(8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947, shall apply for the recovery of monios due from an employer arising out of the decision of an authority appointed under this section.

CHAPTER III

MISCELLANEOUS

8. On and from the commencement of this Act, every employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed.

Duty of employers to maintain registers.

Inspec- tors.

9. (1) The appropriate Government may, by notification, appoint such persons as it may think fit to be Inspectors for the purpose of making an investigation as to whether the provisions of this Act, or the rules made thereunder, are being complied with by employers, and may define the local limits within which an Inspector may make such investigation.

(2) Every Inspector shall be deemed to be a public servant wiWhin the meaning of section 21 of the Indian Penal Code.

45 of 1860.

(3) An Inspector may, at any place within the local limits of his jurisdiction,—

(a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel;

(b) require any employer to produce any register, muster-roll or other documents relating to the employment of workers, and examine such documents;

(c) take, on the spot or otherwise, the evidence

(d) examine the employer, his agent or servant or any other pers'on found In charge of the establishment or any premises connected therewith or any person whom the Inspector has reason- able cause to believe to be, or to have been a worker in the estab- lishment;

(e) make copies, or take extracts from, any register or other document maintained in relation to the establishment under this Act.

(4) Any person required by an Inspector to produce any register or other document or to give any information shall comply with .such requisition.

10. (1) If after the commencement of this Act, any employer, being Penal- ties.

required by or under the Act, so to do—

(a) omits or falls to maintain any register or other document In relation to workers employed by him, or

(b) omits or fails to produce any register, muster-roll or other

document relating to the employment of workers, or

(c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or

(d) omits or refuses to give any information^

he shall be punishable with fine which may extend to one thousand rupees.

(2) If, after the commencement of this Act, any employer—

(a) makes any recruitment in contravention of the provisions

of this Act, or

(b) makes any payment of remuneration a't¹ unequal rates to men and women workers, for the same work or work of a similar nature, or

(c) makes any discrimination between men and women workers

in contravention of the provisions of this Act, or

(2) No court shall take cognizance of an offence punishable under this Act except upon a complaint made with the sanction of t'ie appro- priate Government or an officer authorised by it in this behalf.

(3) No court shall take cognizance of an offence punishable under this Act unless complaint thereof is made within three months from the date on which sanction is granted under this section.

13. (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

Power to make rules.

(2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for all or any of the following matters, namely: —

(a) the manner in which complaint or claim referred to In sub- section (1) of section 7 shall be made;

(b) registers and other documents which an employer is required under section 8 to maintain in relation to the workers employed by him;

(c) any other matter which is required to be, or may be, pres- cribed.

(3) 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 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 modi- fication or annulment shall be without prejudice to the validity of any- thing previously done under that rule.

14. The Central Government may give directions to a State Governr- ment as to the carrying into execution of this Act in the State.

Power of Central Govern- ment to give directions.

.15. in so far as—

(a) the terms and conditions of a woman's employment are, in any respect, affected by compliance with the law regulating the employment of women, or

Act not to apply in certain special caaea.

(b) any special treatment is accorded to women in connection with the birth, or expected birth, of a child,

then to that extent the requirement of equal treatment for men and women as mentioned in this Act shall not supply (but without prejudice to its operation as regards other matters), nor shall that requirement extend to requiring equal treatment as regards terms and conditions relating to retirement, marriage or death or to any provision made in connection with retirement, marriage or death.

1.6. Where the appropriate Government is, on a consideration of all the Power to make decla- ration.

circumstances of the case, satisfied that the differences in regard to the re- muneration, or a particular species of remuneration, of men and women workers in any establishment or employment isi based on a factor other than sex, it may, by notification, make a declaration to that effect, and any act of the employer attributable to such a difference shall not be deemed to be a contravention of any provision of this Act.

Power to remove difficul- ties.

17. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by notification, make any order, not incon- sistent with the provisions of this Act, which appears to it to be neces- sary for the purpose of removing the difficulty:

Provided that every such order shall, as soon as may be after it is

made, be laid before each House of Parliament.

18. (1) The Equal Rehruneration Ordinance, 1975 is hereby repealed. 12 of 1975.

Repeal and. saving.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed (including any notification, nomination, appointment, order or direction made thereunder) shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force when such thing was done or action was taken.

K. K. SUNDARAM, Secy, to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS. MINTO ROAD, NEW DELHI AM) PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 76