| Home E-Citizen Act & Rules The Minimum Wages Act,1948 Information for Citizen Penalty |
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Penalty |
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| The Minimum Wages Act,1948 & The Minimum Wages Gujarat Rules 1961 |
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| 1[22]. Penalties for certain offenses. - Any employer who, - |
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| . | (a) Pays to any employee less than the minimum rates of wage fixed for employee's class of work, or less than the amount due to him under the provisions of this Act, or |
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| . | (b) Contravenes any rule or order made under Sec. 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: |
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| Provided that in imposing any fine for an offense under this section, the Court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under Sec. 20. |
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| State Amendment |
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| Maharashtra. - In Sec. 22, in Cl. (a) after the words “provisions of this Act”, add the words or fails to pay the wage, within the time prescribed under sub-section (1) of Sec. 22.2 |
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| After Sec. 22, add the following new section, namely: |
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| . | Subs. by Act 30 of 1957, Sec. 14,for Sec. 22 (w.ef. 17th September, 1957). |
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| . | Vide Maharashtra Act III of 1963, Sec. 7 (w.ef. 14th January, 1963). |
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'22-I-A. Penalty for obstructing Inspector. - Whoever willfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers, records or other documents in his custody kept in pursuance of this Act, and which he is required to produce by or under this Act shall, on conviction, be punished with fine which may extend to five hundred rupees.”1 |
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| 1. Ibid. Sec. 8 (w.ef. 14th January, 1963). |
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22-A. General provision for punishment of other offenses. - Any employer, who contravenes any provision of this Act or of any rule or 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. |
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| 22-B. Cognizance of offenses.– |
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| (1) No Court shall take cognizance of a complaint against any person for an offense, - |
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| . | (a) Under Cl. (a) of Sec. 22 unless an application in respect of the facts constituting such offense has been presented under Sec. 20 and has been granted wholly or in part, and the appropriate Government or an officer authorized by it in this behalf has sanctioned the making of the complaint; |
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| . | (b) Under Cl. (b) of Sec. 22 or under Sec. 22-A, except on a complaint made by, or with the auction of, an inspector. |
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| (2) No Court shall take cognizance of an offense, - |
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| . | (a) Under Cl. (a) or Cl.(b) of Sec. 22, unless complaint thereof is made within one month of the grant of sanction under this section; |
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| . | (b) Under Sec. 22-A, unless complaint thereof is made within six months of the date on which the offense is alleged to have been committed. |
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