The EQUAL REMUNERATION ACT, 1976

EQUAL REMUNERATION ACT, 1976   
 
[Act 25 of 1976 amended by Act 49 of 1987] 
 
CONTENTS 
 
CHAPTER I  
 PRELIMINARY 
 
1. Short title, extent and commencement. 
2. Definitions. 
3. Act to have overriding erect. 
 
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 similar nature. 
5. No discrimination to be made while  recruiting men and women workers. 
6. Advisory Committee. 
7. Power of appropriate Government to appoi nt authorities for h earing 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. 
 
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-sev enth Year of the Re public of India as 
follow: - 
 2
 
Prefatory Note – Statement of Objects and Reasons. – Article 39 of Constitution 
envisages that the State shall direct its policy, among other th ings, towards securing that 
there is equal pay for equal work for both men and women. To give effect to this 
constitutional provision, the President promulgated on the 26
th. September, 1975, the 
Equal Remuneration Ordinance, 1975 so that  the provisions of Article 39 of the 
Constitution may be implemented in the ye ar which is being celebrated as the 
International Women’s Year. The Ordinance provides for payment of equal remuneration 
to men and women workers for the same work or work of similar nature and for the 
prevention of discrimination on grounds of sex. 
 
(2) The Ordinance also ensures that there will be no discrimination against recruitment of 
women and provides for the setting up of A dvisory committees to promote employment 
opportunities for women. 
 
(3) The Bill seeks to replace the Ordinance.
1 
 
 
CHAPTER – I 
 
PRELIMINARY 
 
1. Short title, extend 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 date, 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 car ried 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 por t or any corporation 
established by or under a Central Act, the Central Government, and 
 
(ii) in relation to any other em ployment, the State Government; 
 
(b) “commencement of this Act” means, in relation to an establishment or 
employment, the date on which this Act comes into force in respect of that 
establishment or employment; 
                                                
 
1 Ordinance 12 of 1975, promulgated by the President on Sept. 26, 1975. 
 3
(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 fe male 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 additional emoluments 
whatsoever payable, either in cash or in kind, to a person employed in respect of 
employment or work done in such employ ment, 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 re lation to the terms and conditions of 
employment; 
(i) “worker” means a worker in any establis hment 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 meaning respectively 
assigned to them in that Act. 
 
3. Act to have overriding effect. -- The provisions of this Act shall have effect 
notwithstanding anything inconsis tent 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 instru ment 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, re muneration, 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 co mplying with the provi sions of sub-section 
(1), reduce the rate of remuneration of any worker. 
 
(3) Where, in an establishment or employme nt, 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 
 4
there are only two rates), or, as the case ma y be, the highest (in cases where there are 
only two rates), of such rates shall be the rate at which re muneration 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 remune ration payable to him or her w ith 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 women 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, 
2[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 prohi bited or restricted 
by or under any law for the time being in force: 
 
Provided that the provisions of th is section shall not affect a ny priority or reservation for 
scheduled castes or scheduled tribes, ex-ser vicemen, retrenched employees of 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 employment 
opportunities for women, the appropriate Gove rnment shall constitute one or more 
Advisory Committees to advise it with rega rd to the extend 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, th e Advisory Committee shall have regard to the number of 
women employed in the concerned establishm ent or employment, the nature of work, 
hours of work, suitability of women for empl oyment, as the case may be, the need for 
providing increasing employment opportun ities 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 pe rsons concerned in the establishment or 
employment an opportunity to make representa tions, issue such directions in respect of 
employment of women workers, as the appropriate Government may think fit. 
 
7. Power of appropriate Government to appoint authorities for hearing and deciding 
claims and complaints. -- (1) The appropriate Government  may, by notification, appoint 
                                                
 
2 Inserted by Act 49 of 1987, S.2 
 5
such officers, not below the rank of a Labour Of ficer, as it thinks fit to be the authorities 
for the purpose of hearing and deciding— 
 
(a) complaints with regard to the contra vention 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 notificat ion, 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 applic ant and the employer an opport unity of being heard, and 
after such inquiry as it may consider necessary, direct, — 
 
(i) in the case of a claim arising out of a non-payment of wage s 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 th e amount by which the wages payable to 
him exceed the amount actually paid; 
 
(ii) in the case of complaint, that adequa te 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 witnesses and compelling the production of 
documents, and every such authority shall be  deemed to be a Ci vil Court for all the 
purposes of Section 195 and Chapter XXVI of th e 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 aut hority as the appropriate Government may, by 
notification, specify in this behalf, and th at authority may, after hearing the appeal, 
confirm, modify or reverse the order appealed against an d 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 
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sub-section (6), allow the appeal  to be preferred within a furt her period of thirty days but 
not thereafter. 
 
(8) The provisions of sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 
(14 of 1947), shall apply for the recovery of monies due from an employer arising out of 
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 regi sters and other documents in relation to the 
workers employed by him as may be prescribed. 
 
9. Inspectors. -- (1) The appropriate Government ma y, by notification, appoint such 
persons as it think fit to be Inspectors for the purpose of making an inves tigation 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 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 re gister, mister-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 serv ant or any other person found in charge of 
the establishment or any premises conn ected therewith or any person whom the 
Inspector has reasonable cause to believe to  be, or to have b een a worker in the 
establishment; 
(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 prod uce 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 this act, so to do— 
 7
(a) omits or fails 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 gives any evidence or prevents his ag ent, 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 
3[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 contravent ion of the provisions of his Act, or 
(b) makes any payment or remuneration at  unequal rates to men and women worker, 
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 dir ection made by the appropriate Government 
under sub-section (5) of Section 6. 
 
he shall be punishable 
4[with fine which shall not be le ss 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 thousand rupees. 
 
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 offe nce 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 company 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 
                                                
 
3 Substituted by Act 49 of 1987, S.3. 
4 Substituted by Act 49 of 1987, S.4. 
 8
of any director, manager, secretary or ot her officer of the company, such director, 
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 in cludes a firm or other association of 
individuals; and 
(b) “director”, in relation to a firm, means a partner in the firm. 
 
5[12. Cognizance and tria l of offences. -- (1) No court inferior to  that of a Metropolitan 
Magistrate or a Judicial Magistrate of th e 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 authorized by it in this behalf; or 
 
(b) a complaint made by the person aggrie ved by the offence or by any recognized 
welfare institution or organization. 
 
Explanation. – For the purposes of this sub-secti on “recognized welfare institution or 
organization” means a social welfare organizati on or institution recogni zed in this behalf 
by the Central or State Government.] 
 
13. Power to make rule. -- (1) The Central Government ma y, by notification, make rules 
for carrying out the provisions of this Act. 
 
(2) In particular and without prejudice to th e 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 require d 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 se ssion immediately following the session or the 
successive sessions aforesaid, both Houses ag ree in making any modification in the rule 
                                                
 
5 Substituted by Act 49 of 1987, S.4. 
 9
or both Houses agree hat the rule should not be made, the rule shall thereafter have effect 
only in such modified from or be of no eff ect, as the case may be; so however, that any 
such modification or annulment shall be w ithout 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 Gove rnment as to the carrying into  execution of this Act in the 
State. 
 
6[15. Act not to apply in certain special cases. -- Nothing in this Act shall apply— 
 
(a) to cases affecting the terms and c onditions 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 w ith the retirement, marriage or 
death]. 
 
16. Power to make declaration. -- Where the appropriate Government is, on a 
consideration of all the circumstances of he case, satisfied that the differences in regard to 
the remuneration, or a particular species of  remuneration, or men and women workers in 
any establishment or employment is base d 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 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 Ce ntral 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 Or dinance, 1975 (12 of 1975) 
hereby repealed. 
 
(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 b een 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. 
********************* 
                                                
 
6 Substituted by Act 49 of 1987, S.5. 

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