LexThe EQUAL REMUNERATION ACT, 1976
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THE EQUAL REMUNERATION ACT, 1976
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Act to have overriding effect.
CHAPTER II
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS
AND OTHER MATTERS
4. Duty of employer to pay equal remuneration to men and women workers for same work or work
of a similar nature.
5. No discrimination to be made while recruiting men and women workers.
6. Advisory Committee.
7. Power of appropriate Government to appoint authorities for hearing and deciding claims and
complaints.
CHAPTER III
MISCELLANEOUS
8. Duty of employers to maintain registers.
9. Inspectors.
10. Penalties.
11. Offences by companies.
12. Cognizance and trial of offences.
13. Power to make rules.
14. Power of Central Government to give directions.
15. Act not to apply in certain special cases.
16. Power to make declaration.
17. Power to remove difficulties.
18. Repeal and saving.
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THE EQUAL REMUNERATION ACT, 1976
ACT NO. 25 OF 1976
[11th February, 1976.]
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. Short title, extent and commencement .—(1) This Act may be called the Equal Remuneration
Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date1, not being later than three years from the passing of this Act,
as the Central Government may, by notification, appoint and different dates may be appointed for
different establishments or employments.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means,—
(i) in relation to any employment carried on by or under the authority of the Central
Government or a railway administration, 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 Government;
(b) “commencement of this Act ” means, in relation to an establishment or empl oyment, 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 1972);
(d) “man” and “woman” mean male and female human beings, respectively, of any age;
(e) “notification” means a notification published in the Official Gazette;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “remuneration” means the basic wage or salary, and any a dditional 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 s imilar 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 require d 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 employment in respect of which this Act has
come into force;
(j) words and expressions used in this Act and not defined but defined in the Industrial Disputes
Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.
1. 8 th March, 1976, vide notification No. S.O. 175(E), d ated 6 th March, 1976, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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3. Act to have over riding effect .—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law or in the terms of any award, agreement or
contract of service, whether made before or after the commencement of this Act, or in any instrument
having effect 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. Duty of employer to pay equal remuneration to men and women workers for same work or
work of a similar nature .—(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, for the purpose of complying with the provisions of sub-section (1), reduce the
rate of remuneration of any worker.
(3) Where, in an establishment or employment, the rates of remuneration 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, then 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 remuneration shall be payable, on and from such commencemen t, 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. No discrimination to be made while recruiting men and wo men workers.—On and from the
commencement of this Act, no employer shall , while making recruitment for the same work or work of a
similar nature, 1[or in any condition of service subsequent to recruitment such as promotions, training or
transfer,] 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:
Provided that the provisions of this section shall not affect any priority or reservation for Sched uled
Castes or Scheduled Tribes, ex -servicemen, retrenched employees or any other class or category of
persons in the matter of recruitment to the posts in an establishment or employment.
6. Advisory Committee.—(1) For the purpose of providing increasing e mployment opportunities for
women, the appropriate Government shall constitute one or 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 ten 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 rega rd to the number of women
employed in the concerned 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.
1. Ins. by Act 49 of 1987, s. 2 (w.e.f. 16-12-1987).
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7. Power of appropriate Government to appoint authorities for hearing and deciding claims and
complaints.—(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.
(2) Every complaint or claim referred to in sub -section (1) 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 authority appointed under sub-section (1).
(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 m ay
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 actually paid;
(ii) in the case of complaint, that adequate steps be taken 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 powers of a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of enforcing the
attendance of witness es 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 an y 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 beha lf, and
that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no
further appeal shall lie against the order made by such authority.
(7) The authority referred to 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 but not thereafter.
(8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947 (14 of 1947),
shall apply for the recovery of monies due from an employer arising out of the decision of an authority
appointed under this section.
CHAPTER III
MISCELLANEOUS
8. Duty of employers to maintain registers .—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.
9. Inspectors.—(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 defi ne the local limits
within which an Inspector may make such investigation.
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(2) Every Inspector shall be deemed to be a public servant within 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 of any person for the purpose of ascertaining
whether the provisions of this Act are being, or have been, complied with;
(d) examine the employer, his agent or servant or any other person found in charge of the
establishment or any premises connected therewith or any person whom the Inspector has reasonable
cause to believe to be, or to have been a worker in the establishment;
(e) make copies, or take extract s 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. Penalties.—(1) If after the commencement of this Act, any employer, being required by or under
the Act, so to do—
(a) omits or fails t o 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 1[with simple imprisonment for a term which may extend to one month or with fine
which may extend to ten thousand rupees or with both].
(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 at 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
(d) omits or fails to carry out any direction made by the appropriate Government under
sub-section (5) of section 6,
he shall be punishable 2[with fine which shall not be less than ten thousand rupees but which may extend
to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but
which may extend to one year or with both for the first offence, and with imprisonment which may extend
to two years for the second and subsequent offences].
(3) If any person being required so to do, omits or refuses to produce to an Inspector any register or
other document or to give any information, he shall be punishable with fine which may extend to five
hundred rupees.
1. Subs. by Act 49 of 1987, s. 3, for “with fine which may extend to one thousand rupees” (w.e.f. 16-12-1987).
2. Subs. by s. 3, ibid., for “with fine which may extend to five thousand rupees” (w.e.f. 16-12-1987).
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11. Offences by companies .—(1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub -section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a c ompany and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such direct or, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and incl udes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
STATE AMENDMENT
Uttar Pradesh
Insertion of section 11-A of Act No. 25 of 1976 .—After section 11 of the Equal Remuneration Act,
1976 the following section shall be inserted, namely:-
11A. Composition of offences .—(1) Any offence punishable under this Act with fine only or with
imprisonment up to one month or with both shall be compoun ded on the application of accused before or
after institution of persecution by a competent authority notified by the State Government, after imposing
50% of the fine for the offence as compounding fee along with the prescribed fine;
Provided that remedy for compounding shall be available for the first offence only.
(2) Every officer referred to in sub -section ( 1) shall exercise the power to compound an offence,
subject to direction, control and supervision of the State Government.
(3) Every application for the compounding of an offence shall be made in such form and in such
manner as may be prescribed.
(4) Where any offence is co mpounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence, against the of fender in relation to whom the offence is so
compounded.
(5) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought by the officer referred to in sub -section (1) in writing to the notice of the
court in which prosecution is pending and on such notice of the composition of the offence being given,
the person against whom the offence is so compounded shall be discharged.”
[Vide Uttar Pradesh Act 17 of 2018, s. 2]
1[12. Cognizance and trial of offences.—(1) No court inferior to that of a Metropolitan Magistrate or
a Judicial Magistrate of the first class shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except upon—
(a) its own knowledge or upon a complaint made by the appropriate Government or an officer
authorised by it in this behalf, or
1. Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987).
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(b) a complaint made by the person aggrieved by the offence or by any recognised welfare
institution or organisation.
Explanation.—For the purposes of this sub -section “recognised welfare institution or organisation ”
means a social welfare institution or organisation recognised in this behalf by the Central or State
Government.]
13. Power to make rules .—(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing 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, prescribed.
(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 b oth 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 modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
14. Power of Central Government to give directions .—The Central Government may give
directions to a State Government as to the carrying into execution of this Act in the State.
1[15. Act not to apply in certain special cases.—Nothing in this Act shall apply—
(a) to cases affecting the terms and conditions of a woman’ s employment in complying with the
requirements of any law giving special treatment to women, or
(b) to any special treatment accorded to women in connection with—
(i) the birth or expected birth of a child, or
(ii) the terms and conditions relating to retirement, marriage or death or to any provision
made in connection with the retirement, marriage or death.]
16. Power to make declaration .—Where the appropriate Government is, on a consideration of all
the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular
species of remuneration, of men and women workers in any establishment or employment is 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.
17. Power to remove difficulties .—If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by notification, make any order, not inconsistent with the provisions of
this Act, which appears to it to be necessary 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. Repeal and saving .—(1) The Equal Remuneration Ordinance, 1975 (12 of 1975) is hereby
repealed.
1. Subs. by Act 49 of 1987, s. 5, for section 15 (w.e.f. 16-12-1987).
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(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.