THE MINIMUM WAGES ACT, 1948

I OBJECT: For fixing minimum rates of wages in certain employments.
II APPLICABILITY: It extends to the whole of India and applies to scheduled
employments in respect of which minimum rates of wages have been fixed under this act.
III SCHEDULED EMPLOYMENTS: An employment specified in the schedule, or any
process or branch of work forming part of such employment (Section-2g)
IV FIXING OF MINIMUM RATES OF WAGES:
i. The appropriate government shall fix the minimum rates pf wages payable to employees
employed in a scheduled employment.
ii. Review at such intervals not exceeding five years, the minimum rates of wages so fixed
and revise the minimum rates if necessary. The minimum rates of wages may be fixed as
a minimum time rate or a minimum piece rate or as a guaranteed time rate (Section-3).
V PAYMENT OF MINIMUM RATES OF WAGES: The employer shall pay to every
employee in a scheduled employment under him wages at the rate not less than the
minimum rates of wages fixed under the Act. (Section-12)
VI HOURS OF WORK, OVERTIME ETC
The Act also provides for regulation or working hours, overtime, weekly holidays and
overtime wages. Period and payment of wages, and deductions from wages are also
regulated. (Section—13 to 17)
VII CLAIMS UNDER THE ACT (Section-20) This section makes provisions to appoint
authorities to hear and decide all claims arising out of payment less than the minimum rates
of wages or any other monetary payments due under the Act. The presiding officers of the
Labour court and Deputy Labour Commissioners are the authorities appointed.
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VIII WHO CAN FILE A CLAIM PETITION
i. The Employee or
ii. Any legal practitioner or any official of a regd. Trade union authorised in writing
to act on his behalf or
iii. Any Inspector or
iv. Any person acting with the permission of the authority under Section-20 (I)
IX REGISTERS AND RECORDS
Every employer shall maintain the following registers and records as required under the
Kerala Minimum Wages Rules 1958 enacted vide section-30 of the Act.
i. Register of wages in Form No. XI or Form XII
ii. A muster-roll in Form No. VI
iii. Register of fines, Form No. I
iv. Register of deductions for damage or loss in Form No. II
v. Register of overtime in Form No. V
vi. Visit book
vii. A wage slip in Form No. XIII shall be issued by every employer to every person
employed by him at least a day prior to the disbursement of wages.
X. NOTICE TO BE EXHIBITED: A notice in Form IV containing the minimum rates of
wages fixed together with the abstract of the Act, the rates made thereunder and the name
and address of the inspector shall be displayed in English and in a language understood by
the majority of the workers.
XI. ANNUAL RETURNS: Annual returns in Form III or Form III a as per rule 21 (4) (iii)
shall be submitted to the Inspector before the first day of the February of the succeeding
year.
XII. PRESERVATION OF REGISTERS: All the registers shall be preserved for a period of
three years after the date of last entry made therein
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XIII. PENTALITY: Any employer who contravenes any of the provisions of this Act other
than those relating to Section 12 and 13 of any rule or any order made thereunder shall be
punishable with fine, which may extend to Rs.500. Any employer who contravenes the
provision relating to the payment of minimum rates of wages fixed (Section- 12) hours of
work stipulated for constituting a normal working day as per section 13 shall be
punishable with imprisonment for a term which may extend to six months or with fine
which may extend to Rs. 500/- or with both.
XIV. AUTHORITIES APPOINTED UNDER THE ACT:
1. Inspector: (Under Section-19)
a. Labour Commissioner
b. Additional Labour Commissioner (IR and E)
c. Regional Joint Labour Commissioners
d. Joint Labour Commissioner (P)
e. Chief Inspector of Plantations
f. Deputy Labour Commissioner (HQ)
g. Dist Labour Officer (HQ)
h. Additional Laboour Commissioner, Kozhikode
i. Dist Labour Officers (E)
j. Inspector of plantations
k. Asst. Labour Officers – Grade II
2. Claim Authorities (under Section –20)
a. Labour Courts
b. Deputy Labour Commissioners
3. Sanctioning Authority under Sec. 22
a. Labour Courts
b. The chief inspector of plantations Kottayam.
c. Dist. Labour officers (E)
NB. Rules wherever specified means “The Kerala Minimum Wages Rules 1958”.
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LIST OF EMPLOYMENTS
a. EMPLOYMENTS ORIGINALLY INCLUDED IN THE SCHEDULE
1. Employment in any Woolen Carpet making or shawl Weaving Establishment (not fixed).
2. Employment in any Rice mill, Flour millor Dhall mill.
3. Employment in any Tobacco (including beedi making ) Manufactory.
4. Employment in any Plantation, that is to say, any estate which is maintained for the
purpose of growing cinchona, rubber, tea, coffee (or cardamom)
5. Employment in any Oil Mill.
6. Employment under any local authority.
7. Employment on the construction or maintenance of roads or in building operations.
8. Employment in stone breaking or stone crushing.
9. Employment in any lac manufactory (not fixed)
10. Employment in any Mica works (not fixed)
11. Employment in Public Motor Transport.
12. Employment in Tanneries and leather manufactory.
b. EMPLOYMENTS ADDED TO THE SCHEDULE BY THE STATE GOVERNMENT
13. Employment in the manufacture of Coir.
14. Employment in Salt Pan (not fixed)
15. Employment in Water Boat Transport, other motor boat Transport (not fixed)
16. Employment in Water Boat Transport, other motor boat Transport (not fixed).
17. Employment in Printing Presses
18. Employment in the Tile manufacturing Industry
19. Employment in Toddy tapping Industry
20. Employment in Match Industry.
21. Employment in Shops and Establishments (including Hotels and Restaurants)
22. Employment in Timber Industry.
23. Employment in bricks manufactories.
24. Employment in Banks (not fixed).
25. Employment in Handloom Industry.