The MINIMUM WAGES ACT, 1948

Sec. 2 The Minimum Wages Act, 1948 
 
1 
 
THE MINIMUM WAGES ACT, 1948  
Sec. 
(ACT NO. XI OF 1948) 
[15 March 1948] 
An Act to provide for fixing minimum rates of wages in certain employments 
WHEREAS it is expedient to provide for fixing minimum rates of wages in 
certain employments; 
It is hereby enacted as follows :- 
 
1. Short title and extent. - (1) This Act may be called The Minimum Wages 
Act, 1948. 
(2) It extends 1[to the whole of India] 2[***]. 
 
2. Interpretation. - In this Act, unless there is anything repugnant in the 
subject or context,- 
3[(a)   “adolescent” means a person who has completed his fourteenth 
year of age but has not completed his eighteenth year; 
(aa)  “adult” means a person who has completed his eighteenth year of 
age] 
(b) “appropriate Government” means - 
(i)  in relation to any sch eduled employment carried on by 
or under the authority of the 4[Central Government or a 
railway administration] or in relation to a mine, oil field 
or major port, or any corporation established by 5[a 
Central Act], the Central Government; and 
(ii)  in rela tion to any other scheduled employment the 
6[State Government; 
7[(bb) “child” means a person who has not completed his fourteenth 
year of age;] 
(c)  “competent authority ” means the authority appointed by the 
appropriate Government by notification in its Of ficial Gazette to 
ascertain from time to time the cost of living index number 
applicable to the employees employed in the scheduled 
employments specified in such notification; 
(d)  “cost of living index number ” in relation to employees in any 
scheduled emp loyment in respect of which minimum rates of 
wages have been fixed, means the index number ascertained and 
declared by the competent authority by notification in Official 
Gazette to be the cost of living index number applicable to 
employees in such employment; 
                            
1  Subs. by the Adaptation of Laws Order 1950 for `all the Provinces of India.” 
2  Words “except the State of Jammu and Kashmir” omitted by 51 of 1970 (w.e.f 01 -09-
1971) 
3  Substituted for clause (a) by the Child Labour (Prohibition and Regulation) Act, 1986. 
4  Subs. by the Minimum Wages (Amendment) Act 1957. 
5  Subs. by the Adaptation of Laws Order, 1950. 
6  Amended by the Minimum Wages (Amendment) Act, 1954. 
7  Inserted by the Child Labour (Prohibition and Regulation) Act, 1986. 
2 The Minimum Wages Act, 1948 
 
Sec. 2 
 
(e)  “employer” means any person who employs, whether directly or 
through another person, or whether on behalf of himself or any 
other person, one or more employees in any scheduled 
employment in respect of which minimum rates of wages have 
been fixed under this Act, and includes, except in sub-section (3) 
of section 26- 
(i)  in a factory where there is carried on any scheduled 
employment in respect of which minimum rates of wages 
have been fixed under this Act, any person named under 
clause (f) of sub - section (1) of section 7 of the Factories 
Act, 1948 (63 of 1948) 1[as manager of the factory; 
(ii)  in any scheduled employment under the control of any 
Government in India in respect of which minimum rates 
of wages have been fixed under this Act, the pe rson or 
authority appointed by  such Government for the 
supervision and control of employees or where no person 
or authority is so appointed, the head of the 
Department; 
(iii)  in any scheduled employment under any local authority 
in respect of which minim um rates of wages have been 
fixed under this Act, the person appointed by such 
authority for the supervision and control of employees or 
where no person is so appointed the Chief Executive 
Officer of the local authority; 
(iv)  in any other case where there  is carried on any 
scheduled employment in respect of which minimum 
rates of wages have been fixed under this Act, any 
person responsible to the owner for the supervision and 
control of the employees or for the payment of wages; 
(f)  “prescribed” means prescribed by rules made under this Act; 
(g)  “scheduled employment” means an employment specified in the 
schedule, or any process or branch of work forming part of such 
employment; 
(h)  “wages” means all remuneration, capable of being expressed in 
terms of m oney which would if the terms of the contract of 
employment express or implied, were fulfilled, be payable to a 
person employed in respect of his employment or of work done in 
such employment 2[ and includes house rent allowance] but does 
not include- 
(i)  the value of - 
(a)  any house -accommodation, supply of light, water, 
medical attendance; or 
(b)  any other amenity or any service excluded by general or 
special order of the appropriate Government; 
(ii)  any contribution paid by the employer to any Pensio n Fund or 
Provident Fund or under any scheme of social insurance; 
                            
1  Amended by the Minimum Wages (Amendment) Act, 1954. 
2  Ins. by the Minimum Wages (Amendment) Act, 1957. 
Sec. 3 The Minimum Wages Act, 1948 
 
3 
 
(iii)  any travelling allowance or the value of any travelling 
concession; 
(iv) any sum paid to the person employed to defray special expenses 
entailed on him by the nature of his employment; or 
(v)  any gratuity payable on discharge. 
(j)  “employee” means any person who is employed for hire or reward 
to do any work skilled or unskilled, manual or clerical, in a 
scheduled employment in respect of which minimum rates of 
wages have been fixed; and includes an out worker to whom any 
articles or materials are given out by another person, to be made 
up, cleaned, washed, altered, ornamented, finished, repaired, 
adapted or otherwise processed for sale for the purposes of the 
trade or business of that  other person where the process is to be 
carried out either in the home of the out-worker or in some other 
premises not being premises under the control and management 
of that other person; and also includes an employee declared to 
be an employee by the ap propriate Government; but does not 
include any member of the Armed Forces of the 1[Union].  
3. Fixing of minimum rates of wages . - 2[(1) The appropriate Government 
shall, in the manner hereinafter provided,- 
3(a) fix the minimum rates or wages payable to e mployees employed 
in an employment specified in Part I or Part II of the Schedule 
and in an employment added to either part by notification under 
section 27: 
Provided that the appropriate Government may, in respect of employees 
employed in an unemployment specified in Part II of the Schedule, instead of 
fixing minimum rates of wages under this clause for the whole State, fix ing such 
rates for a part of the State or for any specified class or classes of such 
employment in the whole State or any part thereof]; 
(b)  review at such intervals as it may think fit, such intervals not 
exceeding five years, the minimum rates of wages so fixed and 
revise the minimum rates, if necessary: 
4[Provided that, where for any reason the appropriate Government has not 
reviewed the minimum rates of wages fixed by it in respect of any scheduled 
employment within any interval o f five years, nothing contained in this clause 
shall be deemed to prevent it from reviewing the minimum rates after the expiry 
of the said period of five yea rs and revising them, if necessary, and until they are 
so revised the minimum rates in force immediately before the expiry of the said 
period of five years shall continue in force.] 
5[(IA) Notwithstanding anything contained in sub -section (1), the 
appropriate Government may refrain from fixing minimum rates 
of wages in respect of any scheduled employment in which there 
are in the whole State less than one thousand employees 
                            
1  Subs. by the Adaptation of Laws Order, 1950 
2  Subs. by the Minimum Wages (Amendment) Act, 1954. 
3  Subs. by the Minimum Wages (Amendment) Act, 1961. 
4  Inserted by Act. 30 of 1957, s. 3 (w.e.f 17-09-1957) 
5  Amended by the Minimum Wages (Amendment) Act, 1961. 
4 The Minimum Wages Act, 1948 
 
Sec. 3 
 
engaged in such employment, but if at any time, the appropriate 
Government comes to a finding after such inquiry as it may 
make or cause to be made in this behalf that the number of 
employees in any scheduled employment in respect of which it 
has refrained from fixing minimum rates of wages has risen to 
one thousand or more, it shall fix minimum rates of wages 
payable to employees in such employment as soon as may be 
after such finding. 
(2) The appropriate Government may fix - 
(a)  a minimum rate of wages for time work (hereinafter referred to as 
“a minimum time rate”); 
(b)  a minimum rate  of wages for piece work (hereinafter referred to 
as “a minimum piece rate”); 
(c)  a minimum rate of remuneration to apply in the case of 
employees employed on piece work for the purpose of securing to 
such employees a minimum rate of wages on a time work basis 
(hereinafter referred to as “a guaranteed time rate”). 
(d)  a minimum rate (whether a time rate or a piece rate) to apply in 
substitution for the minimum rate which would otherwise be 
applicable in respect of overtime work done by employees 
(hereinafter referred to as “overtime rate”). 
1[2(2-A) Where in respect of an industrial dispute relating to the rate of 
wages payable to any of the employees employed in a scheduled employment any 
proceeding is pending before a Tribunal or National Tribunal under the Industrial 
Disputes Act, 1947 (14 of 1947), or before any like authority under any other law 
for the time being in force or an award made by any Tribunal, National Tribunal 
or such authority is in operation, and a notification fixing or revising the 
minimum rates of wages in respect of the scheduled employment is issued during 
the pendency of such proceeding or the operation of the award; then, 
notwithstanding anything contained in this Act, the minimum rates of wages so 
fixed or so revised shall not ap ply to those employees during the period in which 
the proceeding is pending and the award made therein is in operation or, as the 
case may be, where the notification is issued during the period of operation of 
any award, during that period; and where such proceeding or award relates to 
the rates of wages payable to all the employees, in the scheduled employment, no 
minimum rates of wages shall be fixed or revised in respect of that employment 
during the said period.] 
(3) In fixing or revising minimum rates of wages under this section- 
(a)  different minimum rates of wages may be fixed for- 
(i)  different scheduled employment; 
(ii)  different classes of work in the same scheduled 
employments; 
(iii)  adults, adolescents, children and apprentices; 
(iv)  different localities; 
                            
1  Added by the Minimum Wages (Amendment) Act, 1961. 
Sec. 5 The Minimum Wages Act, 1948 
 
5 
 
1[(b)  minimum rates of wages may be fixed by any one or more of the 
following wage periods, namely,- 
(i)  by the hour, 
(ii)  by the day, 
(iii)  by the month, or 
(iv)  by such other larger wage period as may be prescribed 
and where such rate s are fixed by the day or by the 
month, the manner of calculating wages for a month or 
for a day, as the case may be, indicated]: 
Provided that where any wage periods have been fixed under section 4 of the 
Payment of Wages Act, 1936 (4 of 1936), minimum wa ges shall be fixed in 
accordance therewith. 
4. Minimum rate of wages.- (1) Any minimum rate of wages fixed or revised 
by the appropriate Government in respect of scheduled employments under sec. 
3 may consist of- 
(i) a basic rate of wages and a special all owance at a rate to be 
adjusted, at such intervals and in such manner as the 
appropriate Government may direct, to accord as nearly as 
practicable with the variation in the cost of living index number 
applicable to such workers (hereinafter referred to as the “cost of 
living allowance”); or 
(ii)  a basic rate of wages with or without the cost of living allowance 
and the cash value of the concessions in respect of supplies of 
essential commodities at concessional rates, where so 
authorised; or 
(iii)  an all inclusive rate allowing for the basic rate, the cost of living 
allowance and the cash value of the concessions, if any. 
(2) The cost of living allowance and the cash value of the concessions in 
respect of supplies of essential commodities at concessional r ates shall be 
computed by the competent authority at such intervals and in accordance with 
such directions as may be specified or given by the appropriate Government. 
 
2[5. Procedure for fixing and revising minimum wages. - (1) In fixing 
minimum rates of wa ges in respect of any scheduled employment for the first 
time under this Act or in revising minimum rates of wages so fixed, the 
appropriate Government shall either- 
(a)  appoint as many committees and sub-committees as it considers 
necessary to hold enqui ries and advise it in respect of such 
fixation or revision, as the case may be, or 
(b)  by notification in the Official Gazette, publish its proposals for 
the information of persons likely to be affected thereby and 
specify a date, not less than two months  from the date of the 
notification, on which the proposals will be taken into 
consideration. 
(2) After considering the advice of the committee or committees, appointed 
under clause (a) of sub -section (1), or as the case may be all representations 
                            
1  Subs. by the M. W. (Amendment) Act, 1957. 
2  Subs. by the Minimum Wages (Amendment) Act. 1957. 
6 The Minimum Wages Act, 1948 
 
Sec. 6 
 
received by it before the date specified in the notification under clause (b) of that 
sub-section, the appropriate Government shall, by notification in the Official 
Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect 
of each scheduled  employment, and unless such notification otherwise provides, 
it shall come into force on the expiry of three months from the date of its issue: 
Provided that where the appropriate Government proposes to revise the 
minimum rates of wages by the mode specified in clause (b) of sub-section (1) the 
appropriate Government shall consult the Advisory Board also.] 
 
6. [Advisory Committees and sub-committees]- Repealed by the Minimum 
Wages (Amendment) Act, 1957 (30 of 1957), section 5 (w.e.f 19-9-1957).] 
 
7. Adviso ry Board. - (1) For the purpose of co -ordinating the work of 
1[committees and sub -committees appointed under section 5] and advising the 
appropriate Government, generally in the matter of fixing and revising minimum 
rates of wages, the appropriate Government shall appoint an Advisory Board. 
 
8. Central Advisory Board.- (1) For the purpose of advising the Central and 
2[State Governments] in the matters of the fixation and revision of minimum 
rates of wages and other matters under this Act and for co-ordinating the work of 
the Advisory Boards, the Central Government shall appoint a Central Advisory 
Board. 
(2) The Central Advisory Board shall consist of persons to be nominated by 
the Central Government representing employers and employees in the scheduled 
employments, who shall be equal in number, and independent persons not 
exceeding one -third of its total number of members; one of such independent 
persons shall be appointed the Chairman of the Board by the Central 
Government. 
 
9. Composition of committees, etc. - Each of the committees, sub - 
committees, 3[***] and the Advisory Board shall consist of persons to be 
nominated by the appropriate Government representing employers and 
employees in the scheduled employments, who shall be equal in number, and 
independent persons not exceeding one-third of its total number of members, one 
of such independent persons shall be appointed the Chairman by the appropriate 
Government. 
4[10. Correction of errors. - (1) The appropriate Government may, at any 
time, by notification in  the Official Gazette, correct clerical or arithmetical 
mistakes in any order fixing or revising minimum rates of wages under this Act, 
or errors arising therein from any accidental slip or omission. 
(2) Every such notification shall, as soon as may be aft er it is issued, be 
placed before the Advisory Board for information.] 
 
11. Wages in kind.- (1) Minimum wages payable under the Act shall be paid 
in cash. 
                            
1  Subs. by the Minimum Wages (Amendment) Act, 1957. 
2  Subs. by the Adaptation of Laws Order, 1950 
3  Omitted by the Minimum Wages (Amendment) Act. 1957. 
4  Subs. by the Minimum Wages (Amendment) Act, 1957. 
Sec. 13 The Minimum Wages Act, 1948 
 
7 
 
(2) Where it has been the custom to pay wages wholly or partly in kind, the 
appropriate Government be ing of the opinion that it is necessary in the 
circumstances of the case may, by notification in the Official Gazette, authorise 
the payment of minimum wages either wholly or partly in kind. 
(3) If the appropriate Government is of the opinion that provisio ns should be 
made for the supply of essential commodities at concession al rates, the 
appropriate Government may, by notification in the Official Gazette, authorise 
the provision of such supplies at concessional rates. 
(4) The cash value of wages in kind and of concessions in respect of supplies 
of essential commodities at concession al rates authorised under sub -sections (2) 
and (3) shall be estimated in the prescribed manner. 
 
12. Payment of minimum rates of wages. - (1) Where in respect of any 
scheduled emp loyment a notification under section 5 1[***] is in force, the 
employer shall pay to every employee engaged in a scheduled employment under 
him, wages at a rate not less than the minimum rates of wages fixed by such 
notification for that class of employees  in that employment without any 
deductions except as may be authorised within such time and subject to such 
conditions as may be prescribed. 
(2) Nothing contained in this section shall affect the provisions of the 
Payment of Wages Act, 1936 (IV of 1936). 
13. Fixing hours for a normal working day, etc. - 2(1) In regard to any 
scheduled employment minimum rates of wages in respect of which have been 
fixed under this Act, the appropriate Government may- 
(a)  fix the number of hours of work which shall constitut e a normal 
working day, inclusive of one or more specified intervals; 
(b)  provide for a day of rest in every period of seven days which shall 
be allowed to all employees or to any specified class of employees 
and for the payment of remuneration in respect  of such days of 
rest; 
(c)  provide for payment for work on a day of rest at a rate not less 
than the overtime rate. 
3[(2) The provisions of sub -section (1) shall, in relation to the following 
classes of employees, apply only to such extent and subject to such conditions as 
may be prescribed:- 
(a)  employees engaged on urgent work or in any emergency which 
could not have been foreseen or prevented; 
(b)  employees engaged in work in the nature of preparatory or 
complementary work which must necessarily be ca rried on 
outside the limits laid down for the general working in the 
employment concerned; 
(c)  employees whose employment is essentially intermittent; 
(d)  employees engaged in any work which for technical reasons has 
to be completed before the duty is over; 
                            
1  Deleted by Minimum Wages (Amendment) Act, 1957. 
2  Figure “1” inserted, by Minimum Wages (Amendment) Act, 1957. 
3  Ins. by the Minimum Wages (Amendment) Act, 1957. 
8 The Minimum Wages Act, 1948 
 
Sec. 14 
 
(e)  employees engaged in a work which could not be carried on 
except at times dependent on the irregular action of natural 
forces. 
(3) For the purpose s of Clause (c) of sub -section (2), employment of an 
employee is essentially intermittent when it is declared to be so by the 
appropriate Government on the ground that the daily hours of duty of the 
employee, or if there be no daily hours of duty as such for the employee, the 
hours of duty, normally include periods of inaction during which the employee 
may be on duty but is not called upon to display either physical activity or 
sustained attention.] 
 
14. Overtime.- (1) Where an employee, whose minimum rates of wages is 
fixed under this Act by the hour, by the day or by such a longer wage -period as 
may be p rescribed, works on any day in excess of the number of hours 
constituting a normal working day, the employer shall pay him for every hour or 
for part of an hour so worked in excess at the overtime rate fixed under this Act 
or under any law of the appropria te Government for the time being in force 
whichever is higher. 
(2) Nothing in this Act shall prejudice the operation of the provisions of 
section 59 of the Factories Act, 1948 (63 of 1948), 1[in any case where those 
provisions are applicable] 
 
15. Wages of worker who works for less than normal working day. - If an 
employee whose minimum rates of wages has been fixed under this Act by the 
day, works on any day on which he was employed for a period less than the 
requisite number of hours constituting a normal working day, he shall, save as 
otherwise hereinafter provided, be entitled to receive wages in respect of work 
done by him on that day as if he had worked for a full normal working day: 
Provided, however, that he shall not be entitled to receive wages for a full 
normal working day,- 
(i)  in any case where his failure to work is caused by his 
unwillingness to work and not by the omission of the employer to 
provide him with work, and 
(ii)  in such other cases and circumstances as may be prescribed. 
 
16. Wages for two or more classes of work. - Where an employee does two 
or more classes of work to each of which a different minimum rate of wages is 
applicable, the employer shall pay to such employee in respect of the time 
respectively occupied in each such class of work, wages at not less than the 
minimum rate in force in respect of each such class. 
 
17. Minimum time rate wages for piece -work.- Where an employee 
employed on piece -work for which minimum time rate and not minimum piece 
rate has been fixed under this  Act, the employer shall pay to such employee 
wages at not less than the minimum time rate. 
 
18. Maintenance of registers and records. - (1) Every employer shall 
maintain such registers and records giving such particulars of employees 
employed by him, the w ork performed by them, the wages paid to them, the 
                            
1  Amended by the Minimum Wages (Amendment) Act, 1954. 
Sec. 19 The Minimum Wages Act, 1948 
 
9 
 
receipts given by them and such other particulars and in such forms as may be 
prescribed. 
(2) Every employer shall keep exhibited, in such manner, as may be 
prescribed in the factory, workshop or place whe re the employees in the 
scheduled employment may be employed, or in the case of out -workers, in such 
factory, workshop or place as may be used for giving out work to them, notices in 
the prescribed form containing prescribed particulars. 
(3) The appropriate Government may, by rules made under this Act, provide 
for the issue of wage books or wage slip s to employees employed in any 
scheduled employment in respect of which minimum rates of wages have been 
fixed and prescribe the manner in which entries shall be made and authenticated 
in such wage books or wage slips by the employer or his agent. 
19. Inspectors.- (1) The appropriate Government may, by notification in the 
Official gazette, appoint such persons as it thinks fit to be Inspectors for the 
purposes of this Act, and define the local limits within which they shall exercise 
their functions. 
(2) Subject to any rules made in this behalf, an Inspector may, within the 
local limits for which he is appointed 
(a)  enter at all reasonable hours, with such assista nt (if any), being 
persons in the service of the 1[Government] or any local or other 
public authority, as he thinks fit, any premises or place where 
employees are employed or work is given out to out -workers in 
any scheduled employment in respect of which minimum rates of 
wages have been fixed under this Act, for the purpose of 
examining any register, record of wages or notices required to be 
kept or exhibited by or under this Act or rules made thereunder, 
and require the production thereof for inspection; 
(b)  examine any person whom he finds in any such premises or 
place and who, he has reasonable cause to believe, is an 
employee employed therein or an employee to whom work is 
given out therein; 
(c)  require any person giving out -work and any out -workers to give 
any information, which is in his power to give, with respect to 
the names and addresses of the persons, to, for and from whom 
the work is given out or received, and with respect to the 
payment to be made for the work; 
(d)  2[seize or take copies of such register, record of wages or notices 
or portions thereof as he may consider relevant, in respect of an 
offence under this Act which he has reason to believe has been 
committed by an employer; and] 
(e)  exercise such other powers as may be prescribed. 
(3) Every Inspector shall be deemed to be a public servant within the 
meaning of the Indian Penal Code (45 of 1860). 
3[(4) Any person required to produce any document or thing or to give any 
information by an Inspector under sub -section (2) shall be deemed  to be legally 
                            
1  Substituted by the A.O 1950 for “Crown” 
2  Subs. by Minimum Wages (Amendment) Act. 1957. 
3  Ins. by the Minimum Wages (Amendment) Act. 1957. 
10 The Minimum Wages Act, 1948 
 
Sec. 20 
 
bound to do so within the meaning of section 175 and section 176 of the Indian 
Penal Code (45 of 1860).] 
 
20. Claims. - (1) The appropriate Government may, by notification in the 
Official Gazette, appoint 1[any Commissioner for workmen's Compensation or any 
officer of the Central Government exercising functions as a Labour Commissioner 
for any region, or any officer of the State Government not below the rank of 
Labour Commissioner or any] other officer with experience as a judge of a Civil 
Court or as a stipendiary Magistrate to be the Authority to hear and decide for 
any specified area all claims arising out of the payment of less than the minimum 
rates of wages 2[or in respect of the payment of remuneration for days of rest for 
work done on s uch days under clause (b) or clause (c) of sub -section (1) of 
section 13 or of wages at the overtime rate under section 14,] to employee s 
employed or paid in that area. 
(2) 3[Where an employee has any claim of the nature referred to in sub -
section (1)], th e employee himself, or any legal practitioner or any official of a 
registered trade union authorised in writing to act on his behalf, or any 
Inspector, or any person acting with the permission of the Authority appointed 
under sub -section (1), may apply to such Authority for a direction under sub -
section (3): 
Provided that every such application shall be presented within six months 
from the date on which the minimum wages 4[or other amounts] became payable: 
Provided further that any application 5[may be admitted after the said period 
of six months when the applicant satisfies the Authority that he had sufficient 
cause for not making the application within such period. 
6[(3) When any application under sub-section (2) is entertained the Authority 
shall hear the  applicant and the employer, or give them an opportunity of being 
heard, and after such further inquiry, if any, as it may consider necessary, may, 
without prejudice to any other penalty to which the employer may be liable under 
this Act, direct- 
(i)  in t he case of a claim arising out of payment of less than the 
minimum rates of wages, the payment to the employee of the 
amount by which the minimum wages payable to him exceed the 
amount actually paid, together with the payment of such 
compensation as the Au thority may think fit, not exceeding ten 
times the amount of such excess; 
(ii)  in any other case, the payment of the amount due to the 
employee together with the payment of such compensation as 
the Authority may think fit, not exceeding ten rupees; 
and the Authority may direct payment of such compensation in cases where the 
excess or the amount due is paid by the employer to the employee before the 
disposal of the application. 
                            
1  Subs by the Minimum Wages (Amendment) Act. 1957. 
2  Ins. by the Minimum Wages (Amendment) Act, 1957 dt. 15th July 1976, (w.e.f. 1st Feb. 
1977). 
3  Substituted by Act 30 of 1957, s. 12 (w.e.f 19-9-1957). 
4  Ins. by the Minimum Wages (Amendment) Act, 1957. 
5  Ins. by the Minimum Wages (Amendment) Act, 1957. 
6  Subs. by the Minimum Wages (Amendment) Act, 1957 
Sec. 22B The Minimum Wages Act, 1948 
 
11 
 
(4) If the authority hearing any application under this section is satisfied 
that it was either malicious or vexatious, it may direct that a penalty not 
exceeding fifty rupees be paid to the employer by the person presenting the 
application. 
(5) Any amount directed to be paid under this section may be recovered- 
(a)  if the Authority is a Magistrate, by the Authority as if it were a 
fine imposed by the Authority as a Magistrate, or 
(b)  if the Authority is not a Magistrate, by any Magistrate, to whom 
the Authority makes application in this behalf, as if it were a fine 
imposed by such Magistrate. 
(6) Every direction of the Authority under this section shall be final. 
(7) 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 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 XXXV 
of the Code of Criminal Procedure, 1898 (5 of 1898). 
21. Single application in respect of a number of employees. - 1[(1) 
Subject to such rules as may be prescribed, a single application] may be 
presented under section 20 on behalf or in respect of any number of employees 
employed in the scheduled em ployment in respect of which minimum rates of 
wages have been fixed and in such cases the maximum compensation which may 
be awarded under sub -section (3) of section 20 shall not exceed ten times the 
aggregate amount of such excess, 2[or ten rupees per head as the case may be]. 
(2) The Authority may deal with any number of separate pending 
applications presented under section 20 in respect of employees in the scheduled 
employments in respect of which minimum rates of wages have been fixed, as a 
single applic ation presented under sub -section (1) of this section and the 
provisions of that sub- section shall apply accordingly. 
 
3[22. Penalties for certain offences.- Any employer who— 
(a)  Pays to any employee less than the minimum rates of wages 
fixed for that e mployee's class of work, o r less than the amount 
due to him under the provisions of this Act or  
(b)  Contravenes any rule or order made under section 13  
shall be punishable with imprisonment for a term which may extend to six 
months or with fine which may extend to five hundred rupees or with both: 
Provided that in imposing any fine for an offence under this section the 
Court shall take into consideration the amount of any compensation already 
awarded against the accused in any proceedings taken under section 20. 
 
22A. General provision for punishment of other offences. - Any employer 
who contravenes any provision of this Act or of any rule or of order made 
thereunder shall if no other penalty is provided for such contravention by this 
Act, be punishable with fine which may extend to five hundred rupees. 
                            
1  Subs. by the Minimum Wages (Amendment) Act, 1957. 
2  Ins. by the Minimum Wages (Amendment) Act, 1960. 
3  Subs. and Ins. by the Minimum Wages (Amendment) Act, 1957. 
12 The Minimum Wages Act, 1948 
 
Sec. 22B 
 
22B. Cognizance of Offences. - (1) No Court shall take cognizance of a 
complaint against any person for an offence- 
(a)  under clause (a) of section 22 unless an application in respect of 
the facts constituti ng such offence has been presented under 
section 20 and has been granted wholly or in part, and the 
appropriate Government or an officer authorised by it in this 
behalf has sanctioned the making of the complaint; 
(b)  under clause (b) of section 22 or unde r section 22-A, except on a 
complaint made by, or with the sanction of, an Inspector. 
(2) No Court shall take cognizance of an offence - 
(a)  under clause (a) or clause (b) of section 22, unless complaint 
thereof is made within one month of the grant of sa nction under 
this section; 
 (b)  under section 22-A, unless the complaint thereof is made within 
six months of the date on which the offence is alleged to have 
been committed. 
1[22C. Offences by companies. - (1) If the person committing any offence 
under th is Act is 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 b e 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 provided in this Act if he proves that the offence 
was committed without his knowledge or t hat he 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 company and it is proved that the 
offence has been committed w ith 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 director, manager, secretary or other officer of the company 
shall also 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 include s a firm or 
other association of individuals, and 
(b)  “Director” in relation to a firm means a partner in the firm. 
 
22D. Payment of undisbursed amounts due to employees. - All amounts 
payable by an employer to an employee as the amount of minimum wages of the 
employee under this Act or otherwise due to the employee under this Act or any 
rule or order made thereunder shall, if such amounts could not or cannot be paid 
to the employee on account of his death before payment or on account of his 
whereabouts not being known, be deposited with the prescribed authority who 
shall deal with the money so deposited in such manner as may be prescribed. 
 
                            
1  Subs. and Ins. new section by Minimum Wages (Amendment) Act, 1957. 
Sec. 25 The Minimum Wages Act, 1948 
 
13 
 
22E. Protection against attachment of assets of employer with 
Government.- Any amount deposited with the appropriate Government by an 
employer to secure the due performance of a contract with tha t Government and 
any other amount due to such employer from that Government in respect of such 
contract shall not be liable to attachment under any decree or order of any Court 
in respect of any debt or liability incurred by the employer other than any deb t or 
liability incurred by the employer towards any employee employed in connection 
with the contract aforesaid. 
 
22F. Application of Payment of Wages Act, 1936, to scheduled 
employments.- (1) Notwithstanding anything contained in the Payment of Wages 
Act, 1936 (4 of 1936), the appropriate Government may, by notification, in the 
Official Gazette, direct that, subject to the provisions of sub-section (2), all or any 
of the provisions of the said Act shall with such notifications, if any, as may be 
specified in the notification, apply to wages payable to employees in such 
scheduled employment as may be specified in the notification. 
(2) Where all or any of the provisions of the said Act are applied to wages 
payable to employees in any scheduled employment unde r sub -section (1), the 
Inspector appointed under this Act shall be deemed to be the Inspector for the 
purpose of enforcement of the provisions so applied within the local limits of his 
jurisdiction. 
 
23. Exemption of employer from liability in certain case s.- Where an 
employer is charged with an offence against this Act, he shall be entitled, upon 
complaint duly made by him, to have any other person whom he charges as the 
actual offender, brought before the Court at the time appointed for hearing the 
charge; and if, after the commission of the offence has been proved, the employer 
proves to the satisfaction of the Court- 
(a)  that he has used due diligence to enforce the execution of this 
act, and  
(b)  that the said other person committed the offence in que stion 
without his knowledge, consent or connivance,  
that other person shall be convicted of the offence and shall be liable to the like 
punishment as if he were the employer and the employer shall be discharged: 
Provided that in seeking to prove, as afore said, the employer may be 
examined on oath, and the evidence of the employer or his witness, if any, shall 
be subject to cross examination by or on behalf of the person whom the employer 
charges as the actual offender and by the prosecution. 
 
24. Bar of suits.-No Court shall entertain any suit for the recovery of wages 
in so far as the sum so claimed- 
(a)  forms the subject of an application under section 20 which has 
been presented by or on behalf of the plaintiff, or 
(b)  has formed the subject of a direction under that section in favour 
of the plaintiff, or 
(c)  has been adjudged in any proceeding under that section not to 
be due to the plaintiff, or 
(d)  could have been recovered by an application under that section. 
 
25. Contracting out. - Any contract o r agreement, whether made before or 
after the commencement of this Act, whereby an employee either relinquishes or 
14 The Minimum Wages Act, 1948 
 
Sec. 26 
 
reduces his right to a minimum rate of wages or any privilege or concession 
accruing to him under this Act shall be null and void in so far a s it purports to 
reduce the minimum rate of wages fixed under this Act. 
 
26. Exemptions and Exceptions. - (1) The appropriate Government may, 
subject to such conditions if any as it may think fit to impose, direct that the 
provisions of this Act shall not a pply in relation to the wages payable to disabled 
employees. 
(2) The appropriate Government may, if for special reasons it thinks so fit, 
by notification in the Official Gazette, direct that 1[subject to such conditions 
and] for such period as it may speci fy the provisions of this Act or any of them 
shall not apply to all or any class of employees employed in any scheduled 
employment or to any locality where there is carried on a scheduled employment. 
2[(2-A). The appropriate Government may, if it is of opi nion that, having 
regard to the terms and conditions of service applicable to any class of employees 
in a scheduled employment generally or in a scheduled employment in a local 
area 3[or to any establishment or a part of any establishment in a scheduled 
employment] it is not necessary to fix minimum wages in respect of such 
employees of that class 4[or in respect of employees in such establishment or part 
of any establishment ] as are in receipt of wages exceeding such limit as may be 
prescribed in this behalf, direct by notification in the Official Gazette and subject 
to such conditions, if any, as it may think fit to impose, that the provisions of 
this Act or any of them shall not apply in relation to such employees: 
(3) Nothing in this Act shall apply, to  the wages payable by an employer to a 
member of his family who is living with him and is dependent on him. 
Explanation - In this sub-section a member of the employer's family shall be 
deemed to include his or her spouse or child or parent or brother or sister. 
 
27. Power of State Government to add to schedule. - The appropriate 
Government, after giving by notification in the Official Gazette not less than three 
month's notice of its intentions so to do, may by like notification add to either 
Part of the Sch edule any employment in respect of which it is of opinion that 
minimum rates of wages should be fixed under this Act, and thereupon the 
Schedule shall in its application to the 5[State be deemed to be amended 
accordingly. 
 
28. Power of Central Government t o give directions. - The Central 
Government may give directions to a State Government as to the carrying into 
execution of this Act in the State. 
 
29. Power of the Central Government to make rules. - The Central 
Government may, subject to the condition s of p revious publication, by 
notification in the Official Gazette, make rules prescribing the terms of office of 
the members, the procedure to be followed in the conduct of business, the 
method of voting, the manner of filling up casual vacancies in membership and 
                            
1  Ins. by the Minimum Wages (Amendment) Act, 1957. 
2  Ins. by the Minimum Wages (Amendment) Act, 1954. 
3  Ins. by the Minimum Wages (Amendment) Act, 1957. 
4  Ins. by the Minimum Wages (Amendment) Act, 1957. 
5  Subs. by the Adaptation of Laws Order, 1950. 
Sec. 30A The Minimum Wages Act, 1948 
 
15 
 
the quorum necessary for the transaction of business of the Central Advisory 
Board. 
 
30. Power of appropriate Government to make rules.- (1) The appropriate 
Government may, subject to the condition of previous publication, by notification 
in the Official Gazette, make rules for carrying out the purposes of this Act.  
(2) Without prejudice to the generality of the foregoing power such rules 
may- 
(a)  prescribe the term of office of the members, the procedure to be 
followed in the conduct of business, the  method of voting, the 
manner of filling up casual vacancies in membership and the 
quorum necessary for the transaction of business of the 
Committee, Sub- Committees, 1[***] and the Advisory Board; 
(b)  prescribe the method of summoning witnesses, producti on of 
documents relevant to the subject -matter of the enquiry before 
the Committees, Sub-Committees 2[***] and the Advisory Board; 
(c)  prescribe the mode of computation of the cash value of wages in 
kind and of concessions in respect of supplies of essent ial 
commodities at concessional rates. 
(d)  prescribe the time and conditions of payment of, and the 
deductions permissible from wages; 
(e)  provide for giving adequate publicity to the minimum rates of 
wages fixed under this Act; 
(f)  provide for a day of rest in every period of seven days and for the 
payment of remuneration in respect of such a day; 
(g)  prescribe the number of hours of work which shall constitute a 
normal working day; 
(h)  prescribe the cases and circumstances in which an employee 
employed for a period of less than the requisite number of hours 
constituting a normal working day shall not be entitled to receive 
wages for a full normal working day; 
(i)  prescribe the form of registers and records to be maintained and 
the particulars to be entered in such registers and records; 
(j)  provide for the issue of wage books and wage slips and prescribe 
the manner of making and authenticating entries in wage books 
and wage slips; 
(k)  prescribe the powers of Inspectors for purposes of this Act; 
(l)  regulate scale of costs that may be allowed in proceedings under 
section 20; 
(m)  prescribe the amount of court -fees payable in respect of 
proceedings under section 20; and 
(n) provide for any other matter which is to be or may be prescribed. 
 
3[30A. Rules made by Central Government to be laid before Parliament.- 
1[(1)] Every rule made by the Central Government under this Act shall be laid as 
                            
1  Del. by the Minimum Wages (Amendment) Act, 1957. 
2  Del. by the Minimum Wages (Amendment) Act, 1957. 
3  Added by the Minimum Wages (Amendment) Act, 1961. 
16 The Minimum Wages Act, 1948 
 
Schedule 31 
 
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 successive sessions, and if, before the expiry of the session in which it is 
so laid or the session immediately following, both Houses, agree in making any 
modification in t

Excerpt shown. Open the full act in Lexace.

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