THE MINIMUM WAGES ORDINANCE, 1961
[29th September, 1961]
An Ordinance to provide for the regulation
of minimum rates of wages for workers employed in certain industrial undertakings.
WHEREAS it is expedient to provide for the
regulation of minimum rates of wages for workers employed in certain industrial
undertakings, and for matters ancillary thereto ;
NOW, THEREFORE,
in pursuance of the Proclamation of the seventh day of October, 1958, and in
exercise of all powers enabling him in that behalf, the President is pleased to
make and promulgate the following Ordinance :__
1. Shot title, extent and commencement.__(1) This Ordinance may be called the
Minimum Wages Ordinance, 1961.
(2) It extends to the whole of Pakistan .
(3) It shall come into force at once.
2.
Definitions. In this Ordinance,
unless there is anything repugnant. in the subject or context,‑
(1) “adult” has the same meaning as in clause (b) of section 2 of the Factories Act,
1934 (XXV of 1934) ;
(2) “Board” means a Minimum Wages Board
established under section 3 ;
(3) “Council” means the Minimum Wages Council
constituted under section 8 ;
(4) “employer”
means any person who employs either directly or through another person, whether
on behalf of himself or any other person, any person for whom a minimum rate of
wages may be declared under this Ordinance, and includes__
(a) in relation to a factory, a managing
agent or other person who has ultimate
control over the affairs of the factory ; and
(b) in other cases, any person responsible to
the owner for supervision and control of such worker or for payment of his
wages ;
(5) “factory” means a factory as defined in
clause (j ) of section 2 of the Factories Act, 1934 (XXV of 1934), and includes
any place deemed to be a factory under subsection (3) of section 5 thereof ;
(6) “
industry”, with its grammatical variations and cognate expressions, means an
industry as defined in [2][clause
(xiv) of section 2 of the industrial Relations Ordinance, 1969 (XXIII of 1969)
, and includes a plantation- as defined in clause (iii) of section 2 of the
Payment of Wages Act, 1936 (IV of 1936) ;
(7)
“ juvenile worker” means a worker who
is not adult ;
(8) “wages”
means all remuneration capable of being expressed in terms of money, which
would, if the terms of 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, but does not include__
(a) any contribution paid by the employer in respect of such
person under any scheme of social insurance or to a pension fund or provident
fund ;
(b) any travelling allowance or the value
of any travelling concession ;
(c) any sum paid to such person to defray special expenses
incurred by him in respect of his employment ;
(d) any sum paid as annual bonus ; or
(e) any gratuity payable on discharge ; and
(9) “worker”
means any person including an apprentice employed In any industry to do any
skilled or unskilled, intellectual, technical, clerical, manual or other work,
including domestic work, for hire or reward, but does not include__
(i) persons employed by the [3][Federal
Government] or a Provincial Government ;
(ii) persons employed in
coal mines in respect of whom minimum wages may be fixed under the Coal Mines
(Fixation of Rates of Wages) Ordinance, 1960 (XXXIX of 1960); and
(iii) persons employed in agriculture.
3. Establishment of Minimum Wages Boards.__(1)
As soon as may be after the commencement of this Ordinance, the Provincial
Government shall establish a Minimum Wages Board for the Province consisting of
the following four members to be appointed by it, namely :__
(a) the Chairman of the Board ;
(b) one independent member ;
(c) one member to represent the employers of
the Province ; and
(d) one member to represent the workers of
,the Province ;
Provided that
for the purpose of discharging the function of a Board specified in section 5
the following two more members appointed by the Provincial Government shall be
added, namely :‑
(i) one member to
represent the employers connected with the industry concerned ; and
(ii) one member to represent the workers
engaged in such industry.
(2) The Chairman
of the Board and the independent member shall be appointed from persons with
adequate knowledge of industrial, labour and economic conditions of the
Province who are not connected with any industry or associated with any
employers’ or workers’ organization.
(3) The
member to represent the employers of the Province and the member to represent
the workers of the Province under subsection (1) shall be appointed after
considering nominations, if any, of such organizations as the Provincial
Government considers to be representative organizations of such employers and
workers respectively.
(4) The members referred to in the proviso to sub-section
(1) to represent the employers connected with and the workers engaged in the
industry concerned shall be appointed after considering nominations, if any, of
such organizations as the Provincial Government considers to be representative
organizations of such employers and workers respectively.
(5) The
term of office of the members of the Board, the manner of filling casual
vacancies therein, the appointment of its committees, if any, the procedure and
conduct of the meetings of the Board and its committees and all matters
connected therewith, including the fees and allowances to be paid for attending
such meetings, and other expenses, including expenses for the services of
experts and advisers obtained by the Board, shall be such as may be prescribed
by rules made under section 17.
4. Recommendation of minimum rates of wages for unskilled and
Juvenile workers.__(1) A Board shall, upon a reference made to
it by the Provincial Government, recommend to such Government, after such
enquiry as the Board thinks fit, the minimum rates of wages for adult unskilled
workers and juvenile workers employed in industrial undertakings in the
Province.
(2) In its
recommendations under subsection (1), the Board shall indicate, whether the
minimum rates of wages should be adopted uniformly throughout the Province or
with such local variations for such localities as are specified therein.
5. Recommendation of minimum rates of
wages for workers with respect to particular industries. __(1) Where in respect of any particular
industry in the Province for which no adequate machinery exists for effective
regulation of wages, the Provincial Government is of the opinion that, having
regard to the wages of the workers employed in the undertakings engaged in
such industry, it is expedient to fix the minimum rates of wages of such
workers, it may direct the Board to recommend, after such enquiry as the Board
thinks fit, the minimum rates of wages either for all such workers or for such
of them as are specified in the direction
[4]* * * * * * *
(2) In
pursuance of a direction under sub-section (1), the Board may recommend minimum
rates of wages for all classes of workers in any grade and, in such
recommendation, may specify‑
(a) the minimum rates of wages for‑
(i) time work ;
(ii) piece work ;
(iii) overtime work ; and
(iv) work on the weekly day of rest and for
paid holidays ; and
(b) the minimum time
rates for workers employed on piece work so as to guarantee minimum wages on a
time basis for such workers.
(3) The time
rates recommended by the Board may be on hourly, daily, weekly or monthly
basis.
(4) The
rates recommended under this section for overtime work and work on paid
holidays shall not be less than the minimum rates fixed for such work under any
other law for the time being in force.
6. Power to declare minimum rates of
wages.__(1) Upon
receipt of a recommendation of the Board under section 4 or section 5, the Provincial Government may,__
(a) by notification in
the official Gazette, declare that the minimum rates of wages recommended by
the Board for, the various workers shall, subject to such exceptions as may be
specified in the notification, be the minimum rates of wage:; for such workers
; or
(b) if it considers
that the recommendation is not in any respect, equitable to the employers or the workers, within thirty days of
such receipt, refer it back to the Board for reconsideration with such comments
thereon and giving such information relating thereto as the Provincial
Government may think fit to make or give.
(2) Where
a recommendation is referred back to the Board under clause (6) of sub-section
(1), the Board shall reconsider it after taking into account the comments made
and information given by the Provincial Government and, if necessary, shall
hold further enquiry and submit to such Government__
(a) a revised recommendation, or
(b) if it considers that
no revision or change in the recommendation is called for, make report to that
effect stating reasons therefor.
(3) Upon receipt
of the recommendation of the Board under subsection (2), the Provincial
Government may, by notification in the Official Gazette, declare that the
minimum rates of wages recommended under that subsection by the Board for
various workers shall, subject to such modifications and exceptions as may be
specified in the notification, be the minimum rates of wages for such workers.
(4) Unless any date is
specified for the purpose in the notification under subsection (1) or
subsection (3), the declaration thereunder shall take effect on the date of
publication of such notification.
(5)
Where after the publication of a notification under subsection (1) or
subsection (3) or after the minimum rates of wages declared thereunder have
taken effect, it comes to the notice of the Provincial Government that there is
a mistake in the minimum rates of wages so declared, or that any such rate is
inequitable to the employers or the workers, it may refer the matter to the
Board and any such reference shall be deemed to be a reference under subsection
(2).
[5]* * * * * * *
(7)
The minimum rates of wages declared under this section shall be final and shall
not in any manner be questioned by any person in any Court or before any
authority.
7. Periodical review of minimum rates
of wages.__(1) The
Board shall review its recommendations, if any change in the economic
conditions and cost of living and other relevant factors so demand, and
recommend to the Provincial Government any amendment, modification or revision
of the minimum rates of wages declared under section 6 :
Provided
that no recommendation shall be reviewed earlier than one year from the date on
which it was made, unless the special circumstances of a case so required, and
later than three years from such date.
(2) Review and
recommendation under this section shall be deemed to be an enquiry and
recommendation under section 4 or, as the case may be under section 5, and, so
far as may be, the provisions of this Ordinance shall; to such review and
recommendation, apply accordingly.
8. [Constitution of the Minimum
Wages Council.] omitted by A.O., 1964, Art. 2 and sch.
9. Prohibition to pay wages at a rate below
the minimum rate of wages.__(1) Subject only to such deductions
as may be authorized under this Ordinance or under any other law for the time
being in force, no employer shall pay any
worker wages at a rate lower than the rate declared under this Ordinance to
be the minimum rate of wages for such worker.
(2) Nothing
in subsection (1) shall be deemed‑
(a) to require or authorize
an employer to reduce the rate of wages of any worker ; or
(b) to affect, in any
way, the right of a worker to continue to receive wages at a rate higher than
the minimum rate declared under this Ordinance if, under any agreement,
contract or award, or as a customary differential, or otherwise, he is entitled
to receive wages at such higher rate, or to continue to enjoy such amenities
and other advantages as are customary for such worker to enjoy ; or
(c) to affect the provisions of the Payment of
Wages Act, 1936 (IV of 1936).
(3) Any
employer who contravenes the provisions of this section 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, and if the Court trying such
contravention by order so directs, shall also pay to the worker concerned such
sum as may be specified in the order to represent the difference between the
amount actually paid to such worker and the amount which would have been paid
to him had there been no such contravention.
10. Cognizance of offences. No Court inferior
to that of a Magistrate of the first class shall take cognizance of an offence
punishable under this Ordinance or the rules made thereunder, and cognizance
shall not be so taken except upon a complaint in writing made by the Provincial
Government or by any person authorized in this behalf by such Government.
11. Protection of the proceedings of a
Board or the Council. No act or proceeding of a Board [6]* * *
shall be invalid or questioned merely on the ground of existence of any
vacancy therein or of any defect in the constitution or in the appointment or
qualification of any member thereof.
[7][12.
Powers of Boards, etc., to collect information.__(1) Any Board
or the Council, or the Chairman of a Board or the Council, may, for the purpose
of an enquiry under this Ordinance or the rules made thereunder, direct any
employer to furnish such records, documents or information and do such other
acts as the Board, the Council or the Chairman, as the case may be, may
require, and every such employer shall comply with such direction.
(2) The
Chairman of the Boards [8]* * *and
such members, officers and servants thereof as are authorized in this behalf by
the Chairman, may, for the discharge of any function under this Ordinance or
the rules made thereunder,__
(a) enter, at all reasonable times, any
factory ;
(b) inspect any books,
registers and other documents relating to such factory ; and
(c) record statements of
persons connected with the working of such factory;
Provided that no one shall be required under this clause to answer any
question tending to criminate himself.
(3) Any
employer who contravenes the provisions of subsection (1), and any person who
wilfully obstructs anyone in the exercise of any power under subsection (2), or
fails to produce on demand thereunder any books, registers or other documents,
shall be punishable with fine which may extend to five hundred rupees.
13. Certain powers of Court to
Boards, etc. The Boards [9]* * *shall, while holding an enquiry
under this Ordinance or the rules made thereunder, be deemed to be Civil Courts
and shall have the same powers as are vested in such Courts under the Code of
Civil Procedure, 1908 (Act of 1908), in respect of the following matters,
namely :__
(a) enforcing the attendance of any person and
examining him on oath ;and
(b) compelling the production of documents
and material objects ;
(c) issuing commissions for the examination
of witnesses,
14. Chairmen, etc., deemed to be public
servants.__ The Chairmen of the Boards [10]* * *
and the members, officers and servants thereof, shall all be deemed to be
public servants within the meaning of section 21 of the Pakistan Penal Code
(Act XLV of 1860).
15. Bar to legal proceedings. No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Ordinance
or the rules made thereunder.
16.
[Rules relating to Council.] Omitted by A.O., 1964, Art. 2 and Sch.
17. Rules relating to Boards.__(1) Subject to the provisions of section
16, the Provincial Government may, by notification in tote Official Gazette,
make rules for carrying out the purposes of this Ordinance.
(2)
Without prejudice to the generality of the foregoing power, such rules may
provide for__
(a) the matters specified in subsection (5)
of section 3 ;
(b) the giving of opportunities
to persons likely to be affected by the minimum rates of wages to offer
comments and make suggestions ;
(c) fixing normal hours of work for the
purpose of determining time work ;
(d) giving adequate publicity
to the minimum rates of wages declared under this Ordinance ;
(e) the maintenance of wage
books, wage slips, registers and other records and prescribe their forms and
particulars to be entered therein and the manner of authenticating such entries
;
(f ) the preparation and submission of
reports and returns ;
(g) the appointment of
Inspectors or other officers and prescribe their powers and functions ; and
(h) such other matters for
which rules are considered necessary for effectively carrying out the
provisions of this Ordinance.
(3) Rules
made under this section may provide that any contravention thereof shall be
punishable with fine not exceeding five hundred rupees.
18. [Repeal
and savings.] Omitted by the Federal
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981, s. 3) and Sch.
II.
___________
[1]This Ordinance has been
applied to the Provincially Administered Tribal Areas or to the parts of those
areas to which it does not already apply see,
Regulation No. I of 1972, s. 2 and Sch.
[2]Subs. by the
Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and
Sch., II, for certain words.
[3]Subs. by
F.A.O., 1975, Art. 2 and Table, for “Central Government”.
[4]The original proviso was
omitted by A.O., 1964, Art. 2 and Sch.
[5]The original sub-section (6)
omitted by A.O., 1964, Art. 2 and Sch.
[6]The original
words “or of the Council” omitted by A.O., 1964, Art. 2 and Sch.
[7]Subs. ibid. for the original, sub-section (1).
[8]The words
and comma “and the Council,” were
omitted, ibid.
[9]The words
“and the Council”, omitted ibid.
No comments:
Post a Comment