6 Offences and Penalties Employing or permitting any child to work in violation of Sec. 3 -Imprisonment for not less than 3 months which ...
6 Offences and Penalties Employing or permitting any child to work in violation of Sec. 3 -Imprisonment for not less than 3 months which may extend to 1 year or fine not less than Rs. 10,000/- which may extend to Rs. 20,000/- or both. repetition of violation of Sec.3 -Imprisonment for not less than 6 months which may extend to 2 years Failure to give notice under sec.9, or failure to maintain register as prescribed under sec.11, or failure to display a notice as required u/s 12, or failure to comply with or contravention of any other provision. (Sec.14 (3)) -Simple imprisonment which may extend to 1 month, or fine up to Rs.10, 000/- or both. 56 Legal Aspects of Hospital Management – Dr. B.G. Maniar 3.7 The Minimum Wages Act, 1948 3.7.1
Object – to provide minimum rates of wages, statutorily fixed, with a view to avoid the chances of exploitation of poor labourers, it also fixes the daily hours of work, overtime, weekly rest, etc. having over riding effect on agreement or award. 3.7.2 Scope and Coverage – it applies to the scheduled employment (Part I&II) irrespective of the number of employees employed therein. 3.7.3 Wages means all remuneration capable of being expressed in terms of money, be payable to a person, on fulfillment of the contract of employment in respect of the work done in such employment, which includes basic wages, dearness allowance, house rent allowance and value of other concession etc. but it does not include T.A., contribution paid by the employer to the P.F., Pension Fund, Gratuity payable on discharge, value of any house accommodation, supply of light, water, medical attendance, or any other amenity. 57 Legal Aspects of Hospital Management –
Dr. B.G. Maniar 3.7.4 Payment –wages payable under the Act should be paid in cash. The Appropriate Government may allow the payment partly in cash and partly in kind according to the prevailing custom, but the rate cannot be less than the prescribed, and no deduction other than the prescribed by the law. Govt. may fix rate of time work, piece work, and different classes of work. 3.7.5 Fixation of wages, working hours The State Government is empowered to fix wages for different classes of workmen – skilled, semi skilled, unskilled, clerical, supervisory, etc. employed in Scheduled employment and can review or revise the same from time to time, the interval between the two revision shall not exceed five years, considering the change in price index and dearness allowance. 3.7.6 Methods of fixing, revising the rates of Minimum Wages by - 1. Appointment of Committee – it holds inquiry and advice in respect of such fixation or revision as the case may be; 58 Legal Aspects of Hospital Management – Dr. B.G. Maniar
2. Issue of Notification – in Official Gazette, publish its proposals for the information of persons likely to affect thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken in to consideration After considering the advice of the committee and representation received by it before the date specified in the notification as the case may be, the appropriate Govt. shall by notification in Official Gazette fix or revise the rate of Minimum Wages. Central as well as State Govt. have appointed the Advisory Boards to coordinate the work of the committees and advising generally in the matter of fixing and revision of the rates of minimum wages. These Boards, Committees shall consist of persons, nominated by the Govt.,
equally representing the employers and employees in the Scheduled Employment and 1/3 of its total members shall be independent and one of them shall be appointed as the Chairman. The Govt. may fix the number of working hours, over-time, and wages for the over time, rest interval, weekly holiday with wages, etc.
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