THE EQUAL REMUNERATION ACT, 1976

1976 · State unknown · central · act_text

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1 · . Short title, extent and commencement . — (1) This Act may be called the Equal Remuneration Act, 1976 .

2 · . Definitions . — In this Act, unless the context otherwise requires,—

1 · 8th March, 1976, vide notification No. S.O. 175(E), dated 6th March, 1976, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

3 · . Act to have overriding effect . — The provisions of this Act shall have effect notwithstanding anything inconsistent 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 instrument having effect under any law for the time being in force.

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, remuneration, 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.

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, 1 [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 prohibited or restricted by or under any law for the time being in force:

6 · . Advisory Committee . — (1) For the purpose of providing increasing employment opportunities for women, the appropriate Government shall constitute one or more Advisory Committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf.

1 · Ins. by Act 49 of 1987, s. 2 (w.e.f. 16-12-1987).

7 · . Power of appropriate Government to appoint authorities for hearing and deciding claims and complaints . — (1) The appropriate Government may, by notification, appoint such officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for the purpose of hearing and deciding—

8 · . Duty of employers to maintain registers . — On and from the commencement of this Act, every employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed.

9 · . Inspectors . — (1) The appropriate Government may, by notification, appoint such persons as it may think fit to be Inspectors for the purpose of making an investigation 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.

10 · . Penalties . — (1) If after the commencement of this Act, any employer, being required by or under the Act, so to do —

1 · Subs. by Act 49 of 1987, s. 3, for “with fine which may extend to one thousand rupees” (w.e.f. 16-12-1987).

2 · Subs. by s. 3, ibid., for "with fine which may extend to five thousand rupees" (w.e.f. 16-12-1987) .

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:

1 · [12. Cognizance and trial of offences . — (1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

13 · . Power to make rules . — (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

1 · Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987) .

14 · . Power of Central Government to give directions . — The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.

1 · [15. Act not to apply in certain special cases . —N —Nothing in this Act shall apply—

16 · . Power to make declaration . —W —Where the appropriate Government is, on a consideration of all the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular species of remuneration, of men and women workers in any establishment or employment is based 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 a 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 Central 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:

18 · . Repeal and saving . — (1) The Equal Remuneration Ordinance, 1975 (12 of 1975) is hereby repealed.

1 · Subs. by Act 49 of 1987, s. 5 , for section 15 (w.e.f. 16-12-1987).

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