Amendments to the Delhi minimum wages Act May 2018

The Department of law, justice and legislative affairs has issued a notification as on May 4th. 2018, after it has received an application to amend the Minimum Wages Act, 1948. Following are the amendments to the act:

  1. Short title, extent and commencement - This Act may be called the  Minimum Wages (Delhi) Amendment Act, 2017 and it extends to the whole of the national capital territory of Delhi.

  2. Amendment  of section  2 of Act 11  of 1948 - This refers to the State Government clause which means the Lieutenant Governor of National Capital Territory  of Delhi, appointed by the President.

  3. Amendment of Section 4 of Act 11 of 1948 - The  appropriate  government, in  fixing or revising  the minimum rates of  the wages, shall take into account the skill required, the arduousness of the work assigned to the worker, the cost of living of the worker and other such components which are related to fixing or revising minimum rates of wages as the Government  may think appropriate.

  4. Amendment  of Section 11 of Act 11 of 1948 - The words “in cash” shall be substituted with “by  depositing the same in the bank account of the employees, electronically or by account payee cheque”.

  5. Amendment  of Section 14  of Act 11 of 1948 -The  words “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 appropriate Government for the time being in force, whichever is higher” shall be substituted with the words “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 which shall not be less than two times of the normal rate of wages fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher”.

  6. Amendment of Section  20 of Act 11 of 1948 - The following subsection, section 3A shall be inserted which states that “During  the pendency of the proceeding or inquiry in the application preferred by  the workman under sub-section(2), the workman shall not be retrenched, dismissed,  terminated or laid-off without prior approval of the Authority before whom the application is pending.”

  7. Amendment  of Section 22 of Act 11 of 1948 - The words “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” shall be substituted with the words “shall be punishable with imprisonment for a term of three years, or with fine of fifty thousand rupees, or with both.”

  8. Amendment of Section 22A of Act 11 of 1948 - The  words “with  fine which may extend to five  hundred rupees”, shall be substituted with the  words “with imprisonment for a term of one  year, or with fine twenty thousand rupees or with both.”

  9. Amendment of section 22 B of Act 11 of 1948 - The  following  subsection shall  be inserted, namely :-  “(3) The court before whom the prosecution complaint is made under section 22 shall dispose of the same within a period of three months from the date of making of the complaint.”

  10. Insertion  of Sections  31A - The following section shall be inserted, namely:- “31A.  The employer shall upload the employee data on website  or web portal in the manner as may be prescribed.”.

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