EQUAL REMUNERATION ACT, 1976

S.1 Short title, extent and commencement

       (1) This Act may be called the Equal Remuneration Act, 1976.
       (2) It extends to the whole of India.
       (3) It shall come into force on such date*, not being later than three years from the passing of this Act, as the Central Government may, by notification, appoint and different dates may be appointed for different establishments or employments.

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        * Came into force on 8-3-1976, vide S.O. 175(E), dated 6th March, 1976.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) “appropriate Government” means,—
       (i) in relation to any employment carried on by or under the authority of the Central Government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a Central Act, the Central Government, and
       (ii) in relation to any other employment, the State Government;
       (b) “commencement of this Act” means, in relation to an establishment or employment, the date on which this Act comes into force in respect of that establishment or employment;
       (c) “employer” has the meaning assigned to it in clause (f) of section 2 of the Payment of Gr

S.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.

S.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.
       (2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of any worker.
       (3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two ra

S.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:
       Provided that the provisions of this section shall not affect any priority or reservation for Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment.
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        1. Ins. by Act 49 of 1987, sec. 2 (w.e.f. 16-12-1987).

S.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.
       (2) Every Advisory Committee shall consist of not less than ten persons, to be nominated by the appropriate Government, of which one-half shall be women.
       (3) In tendering its advice, the Advisory Committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part-time employment, and such other re

S.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—
       (a) Complaints with regard to the contravention of any provision of this Act;
       (b) claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature,
       and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction.
       (2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed.
       (3) If any question arises as to whether two or more

S.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.

S.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.
       (2) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
       (3) An Inspector may, at any place within the local limits of his jurisdiction,—
       (a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel;
       (b) require any employer to produce any register, muster-roll or other docu

S.10 Penalties

       (1) If after the commencement of this Act, any employer, being required by or under the Act, so to do—
       (a) omits or fails to maintain any register or other document in relation to workers employed by him, or
       (b) omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or
       (c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or
       (d) omits or refuses to give any information, he shall be punishable 1[with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both.]
       (2) If, aft

S.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:
       Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attrib

S.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.
       (2) No court shall take cognizance of an offence punishable under this Act except upon—
       (a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorised by it in this behalf, or
       (b) a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation.
       Explanation.—For the purposes of this sub-section “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.]
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S.13 Power to make rules

       (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
       (a) the manner in which complaint or claim referred to in sub-section (1) of section 7 shall be made;
       (b) registers and other documents which an employer is required under section 8 to maintain in relation to the workers employed by him;
       (c) any other matter which is required to be, or may be, prescribed.
       (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliam

S.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.

S.15 Act not to apply in certain special cases

       1[15. Act not to apply in certain special cases
       Nothing in this Act shall apply--
       (a) to cases affecting the terms and conditions of a woman's employment in complying with the requirements of any law giving special treatment to women, or
       (b) to any special treatment accorded to women in connection with
       (i) the birth or expected birth of a child, or
       (ii) the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death.]
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1. Substituted by Act 49 of 1987, see. 5, for section 15 (w.e.f. 16-12-1987).

S.16 Power to make declaration

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.

S.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:
Provided that every such order shall, as soon as may be after it is made, be laid before each House of Parliament.

S.18 Repeal and saving

(1) The Equal Remuneration Ordinance, 1975 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed (including any notification, nomination, appointment, order or direction made thereunder) shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force when such thing was done or action was taken.