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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (I)

PUBLISHED BY AUTHORITY

No. 88] NEW DELHI, THURSDAY, MARCH 11, 1976/PHALGUNA 21, 1897

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

as a separate compilation

MINISTRY OF LABOUR

NOTIFICATION

New Delhi, the 11th March 1976

G.S.R. 119(E).—In exercise of the powers conferred by section 13 of the Equal Remu- neration Act, 1976 (25 of 1976) and in supersession of Equal Remuneration Rules, 1975, the Central Government hereby makes the following rules, namely:—

CHAPTER I

PRELIMINARY

1. Short title and commencement.—(1) These rules may be called the Equal Remu- neration Rules, 1976.

(2) They shall come into force on the date of their publication in the Official Gazette,

(611)

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) "Act" means the Equal Remuneration Act, 1976 (25 of 1976);

(b) "Authority" means an authority appointed by the appropriate Government under

subsection (1) of section 7;

(c) "Form" means a form appended to these rules;

(d) "section" means a section of the Act;

(e) "registered Trade Union" means a Trade Union registered under the Trade Unions Act, 1926 (16 of 1926).

CHAPTER II

COMPLAINTS AND CLAIMS UNDER THE ACT

3. Complaints regarding contravention of the Act—(1) Every complaint under clause (a) of sub-section (1) of section 7 shall be made in triplicate, in Form 'A' to the Authority.

(2) A single complaint may be made by, or on behalf of, or in relation to, a group of workers, if they are employed in the same establishment and the complaint relates to the same contravention.

(3) A complaint may be made by the worker himself or herself or by any legal prac- titioner, or by any official of a registered Trade Union, authorised in writing to appear and act on his or her behalf or by any Inspector appointed under section 9 or by any other person acting with the permission of the Authority.

4. Claim regarding non-payment of wages etc.—(1) Every claim under clause (b) of sub-section (1) of section 7 shall be made by petition in triplicate, in Form "B' to the Authority.

(2) A single petition may be made by, or on behalf of, or in relation to, a group of workers, if they are employed in the same establishment and their claims are of the same nature.

(3) A claim may be made by the worker himself or herself or by any legal practi- tioner, or by any official of a registered Trade Union, authorised in writing to appear and act on his or her behalf or by any Inspector appointed under section 9 or by any other person acting with the permission of the Authority.

5. Authorisation.—The authorisation referred to in sub-rule (3) of rule 3 or sub-rule (3) of rule 4 shall be in Form "C" which shall be presented to the Authority to whom the complaint or the claim, as the case may be, is made alongwith such complaint or claim and shall form part of the record.

CHAPTER III

REGISTERS TO BE MAINTAINED

6. Registers to be maintained by the employer.—Every employer shall maintain a register in relation to the workers employed by him in Form 'D'.

FORM A (T'o be submitted in triplicate)

[See Rule 3(1)]

Complaint under clause (a) of subsection (1) of section 7 of the Equal Remuneration Act, 1976 (25 of 1976).

To

The Authority appointed under sub-section (1) of section 7.

(Address)

A

Complainant(s)

Full address

Versus

B

Opposite Party

Full address

The complainant(s) begs/beg to complaint that the opposite party has been guilty of a contravention(s) of the provisions of the Equal Remuneration Act, 1976 (25 of 1976) as shown below:—

(Here set ont briefly the particulars showing the manner in which the alleged contrttr vention(s) has/have taken place and the grounds supporting the complaint.)

The complainant(s) accordingly prays/pray that the Authority

may be pleased to decide the complaint set out above and pass such order or orders .thereon as it may deem fit and proper.

The number of copies of the complaint (alongwith its annexures) as required undor sub-rule (1) of rule 3 of the Equal Remuneration Rules, 1976 are submitted herewith.

The complainant(s) does/do solemnly declare that the facts stated in this complaint arc true to the best of his/her/their knowledge, belief and information.

Signature(s)/thurnb impression(s)

of the complainant(s)

*I have been duly authorised in writing by

[hero insert the name of the worker(s)], to appear and act on his/her/their behalf.

Signature of the legal practitioner/official of

a registered! Trade Union duly authorised.

Station

Date

•Strike out this portion if inapplicable.

FORM B (To be submitted in triplicate)

[See rule 4(1)]

Claim under clause (A) of sub-section (1) of section 7 of the Equal Remuneration Act, 1976 (25 of 1976).

To

The Authority appointed under sub-section (1) of section 7.

(Address)

A . .. i

Petitioner(s)

Fall address

Versus

B i. > 4.. * , i . .. 1 1 . .. .Opposite Party

Full address

The petition"r(s) above named states/state as followsi—

(1) The petitioner^) was/were/is/are employed f r o m . . . . . ..

(category) in

(name to i4 as (name of the establishment) of Shri/Messrs of the employer and address).

(2) The opposite party is the employer within the meaning of clause (c) of section 2 ot thu EquttJ Remuneration Act, 1976 (25 of 1976).

(3) The petitioner(s) was/ were/has /have not been paid wages at rates equal to those of workers of the. opposite sex for the same work or work of a similar nature for the period from

to

(4) The petitioner(s) was/were/has/have been paid wages at the rate of

whereas workers of the opposite Bex for the same work or work of a similar nature were paid/have been paid at the rate of

during the said period.

(5) The petitioner(s) estimates/estimate the value of relief sought by him/them at Rs [Rupees

(in words)].

(6) The petitioner^), therefore, prays/pray that the Authority may be pleased to decide the claim set out above and pass such order¹ or orders thereon as it may deem fit and proper.

(7) The petitioner(s) begs/beg leave to amend or add to or make alterations in the petition, if and when necessary, with the permission of the Authority.

The petitioner(s) does/do solemnly declare that the fafcts stated in this petition are true to the best of his/her/their knowledge, belief and information.

Signature(s)/thumb impresslon(s) of the Petitioner(s).

•I have been duly authorised in writing by

[here insert the name of worker(s)] to appear and act on his/her/their behalf.

Signature of the legal practitioner/official of

a registered Trade Union duly authorised.

Station

Date

•Strike out this portion if inapplicable.

FORM C

(See rule 5)

Form of authority in favour of legal practitioner or any official of a registered Trade Union:

I/we hereby authorise Shri/Shrimati/Kumari*

a legal practitioner/an official of —which is a registered Trade Union to appear and act on my/our behalf, under* sub-rule (3) of rule 3/sub-rule (3) of rule 4 in respect of the * complaint/claim against (mention name of •mployer) on account of.. . (mention violation of the Act).

Signature(s) /thumb impres&ion(s)

of the worker (s).

Station

Date

Witness

(1)

(2) (3)

I accept the authorisation.

Station

*Legal practitioner Date

Official of a registered Trade Union.

•Strike out whichever is inapplicable.

6

i

6

FORM D

(See rule 6)

Register to be maintained by the employer under rule 6 of the Equal Remtmeraion Bales, 197&

Ninas of the Establishment with full address

Total number of workers employed

."

Total number of men workers employed

T H E Total number of women workers employed

Components of rcmnneratlcn

G A Z E T T E

Dearness allowance

Other allowances

No. of men employed

Category of workers

Rqtt of

remuneration

Basic wagi or salary

House Rest allowance

paid

Brief Description of work

No. of women employed

O P

Cash vahie of concessional supply of essential ccnyr.9dities

I

N D

I

1

10

S

2

6

A

9

3

7

S

4

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[No; F. P. 11025/51/75—V7C] T. S. SANKARAN, Jt. Secy.

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