Kerala Minimum Wages Rules, 1958
(1) These rules may be called the Kerala Minimum Wages Rules, 1958.
(2) They extend to the whole of the State of Kerala.
In these rules, unless the context otherwise requires --
(a) 'Act' means the Minimum Wages Act. 1948 (Central Act XI of 1948):
(b) 'Authority' means the Authority appointed under sub-section (1) of Section 20;
(c) 'Board' means the Advisory Board appointed under section 7;
(d) 'Chairman' means the Chairman of the Advisory Board or the Committee as the case may be appointed under Section 9;
(e) 'Committee' means a Committee appointed under clause (a) of sub-section (1) of Section 5 and includes a subcommittee appointed under that Section;
(f) 'Form' means a form appended to these rules;
(g) 'Inspector' means a person appointed as Inspector under Section 19 :
(h) 'Registered Trade Union' means a Trade Union registered under the Indian Trade Unions Act, 1926 (XVI of 1926);
(i) 'Section' means a Section of the Act; and
(j) All other words and expressions used herein and not defined shall have the meaning respectively
The term of office of the members of the Committee shall be such as in the opinion of the Government is necessary for completing the enquiry into the scheduled employment concerned and the Government may, at the time of the Constitution of the Committee fix such terms and may, from time to time, extend it as circumstances may require.
(1) Save as otherwise expressly provided in these rules, the term of office of a non-official member of the Board shall be two years commencing from the date of his nomination:
Provided that such member shall, notwithstanding the expiry of the said period of two years, continue to hold office until his successor is nominated;
(2) A non-official member of the Board nominated to fill in casual vacancy shall hold office for the remaining period of the term of office of the member in whose place he is nominated;
(3) The official members of the Board shall hold office during the pleasure of the Government.
If a member is unable to attend a meeting of the committee or the Board the Government or the Body which nominated him may, by notice in writing signed on its behalf and by such member and addressed to the chairman of the said committee or the Board nominate a substitute in his place to attend that meeting. Such a substitute member shall have all the rights of a member in respect of that meeting].
No act or proceeding of the Committee or the Board shall be questioned on account of any vacancy in the membership or any defect in the appointment of member thereof or any defect or irregularity in any such act or proceeding, not effecting the merits of the case].
A non-official member of the Committee, or the Board shall be entitled to draw travelling and halting allowances for any journey performed by him in connection with his duties as such member, at such rates as may be specified by the Government in this behalf from time to time].
(1) The Government may appoint the Secretary to the Committee or the Board, and such other Staff as it may think necessary, and may fix the salaries and allowances payable to them and specify their conditions of service.
(2) (i) The Secretary shall be the Chief Executive Officer of the Committee, or the Board, as the case may be. He may attend the meetings of such Committee, or Board but shall not be entitled to vote at such meetings;
(ii) The Secretary shall assist the Chairman in convening meetings and shall keep a record of the minutes of such meetings and shall take necessary measures to carry out the decisions of the Committee, or the Board as the case may be.
An out-going member shall be eligible for re-nomination for the membership of the Committee, or the Board, of which he was a member.
(1) A member of the Committee or the Board other than the Chairman may by giving notice in writing to the Chairman resign his membership;
(2) The Chairman may resign by letter addressed to the Government;
1[(3) A resignation shall take effect from the date of communication of its acceptance or on the expiry of 30 days from the date of resignation whichever is earlier],
2[(4)] When a vacancy occurs or is likely to occur In the membership of the Committee or the Board, the Chairman shall submit a report to Government immediately. Government shall then take steps to fill the vacancy.
(1) if a member of the Committee or the Board fails to attend three consecutive meetings, he shall, subject to the provisions of sub-rule (2), cease to be a member thereof;
(2) A person, who ceases to be a member under sub-rule (1) shall be given intimation of such cessation by a letter sent to him by registered post within fifteen days from the date of such cessation. The letter shall indicate that if he desires restoration of his membership, he may apply therefor within thirty days, from the receipt of such letter. The application for restoration of membership, if received within the said period, shall be placed before the Committee or the Board, as the case may be, and if a majority of members present at the next meeting is satisfied that the reasons for failure to attend three consecutive meetings are adequate, the member shall be restored to membership immediately after a resolution to that effect is adopted.
(1) a person shall be disqualified for being nominated as, and for being a member of the Committee, or the Board, as the case may be;
(i) if he is declared to be of unsound mind by a competent court; or
(ii) if he is an undischarged insolvent; or
(iii) if before or after the commencement of the Act, he has been convicted of an offence involving moral turpitude;
(2) if any question arises whether a disqualification has been incurred under sub-rule (1) the decision of the Government thereon shall be final.
The Chairman may, subject to the provisions of rule 12 call a meeting of the Committee or the Board, as the case may be, at any time he thinks fit:
Provided that on a requisition in writing from not less than one-half of the members or not less than two-thirds of the representatives of the employers or the employees, as the case may be, the Chairman shall call a meeting within a period of fifteen days from the date of receipt of such requisition.
(1) The Chairman shall fix the date, time and place of every meeting and a notice in writing containing the aforesaid particulars along with a list of business to be conducted at the meetings shall be sent to each member by registered post at least 1[seven days] before the date fixed for such meeting.
2[x x x x ]
(1) The Chairman shall preside at the meetings of the Committee or the Board as the case may be.
(2) In the absence of the Chairman at any meeting the members shall elect from amongst themselves one member, by a majority of votes, who shall preside at such meeting.
No business shall be transacted at any meeting unless at least one-third of the members and at least one representative of both employers and employees are present;
Provided that if at any meeting no representative of the employees has turned up, or less than one-third of the members are present, the Chairman may adjourn the meeting to a date not later than seven days from the date of the original meeting and is shall thereupon be lawful to dispose of the business at such adjourned meeting, irrespective of the number or class of members present],
2[Provided further that the date, time and place of such adjourned meeting shall be intimated to all the members by telegram or by written communication].
All business shall be considered at a meeting of the Committee or the Board, as the case may be, and shall be decided by the majority of the votes of the members present and voting. In the event of an equality of votes, the Chairman shall have a casting vote:
Provided that the Chairman may, if he thinks fit direct that any matter shall be decided by the circulation of necessary papers and securing written opinion of the members:
Provided further that no decision on any question which is referred under the first proviso shall be taken unless supported by not less than a two thirds majority of the members.
Voting shall ordinarily be by show of hands but if any member asks for voting by ballot, or if the Chairmen so decides, the voting shall be by secret ballot and shall be held in such manner as the Chairman may decide.
(1) The proceedings of each meeting showing inter alia the names of the members present there at shall be forwarded to the Government as soon after the meeting as possible and in any case, not less than seven days before the next meeting.
(2) The proceedings of each meeting shall be confirmed with such modifications, if any, as may be considered necessary at the next meeting.
(1) A Committee or the Board may summon any person to appear as a witness in the course of an enquiry. Such summons may require a witness to appear before it on a date specified therein and to produce any books, papers or other documents and things in his possession or under his control relating in any manner to the enquiry.
(2) A summons under sub-rule (1) may be addressed to an individual or an organisation of employers or a registered trade union of workers.
(3) A summons under this rule may be served --
(i) in the case of an individual, by being delivered or sent to him by registered post;
(ii) in the case of an employers' organisation or a registered trade union of workers, by being delivered or sent by registered post to the Secretary or other principal officer of the organisation or union, as the case may be.
(4) The provisions of the Code of Civil Procedure, 1908 relating to the summoning and enforcement of the appearance of witnesses and t
Every person who is summoned and appears as a witness before the committee or the Board shall be entitled to an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in civil courts in the State.
The average retail prices at the nearest market for the period of three months immediately preceding the month for which the Wages are to be computed shall be taken into account in computing the cash value of wages paid in kind and of concessions in respect of essential commodities supplied at concession rates. This computation shall be made in accordance with such directions as may be issued by the Government from time to time.
(1) (i) 1[The wages of a worker in any scheduled employment] shall be paid on a working day --
(a) in the case of establishments in which less than one thousand persons are employed, before the expiry of the seventh day, and
(b) in the case of other establishments, before the expiry of the tenth day after the last day of the wage period in respect of which the wages are payable;
(ii) Where in the employment of any person is terminated by or on behalf of the employer or due to the acceptance of the employee's resignation, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated;
(iii) The wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under these rules.
Explanation.--
(1) Every payment made by the employed person to the employer or his agent shall for the purpose of these rules, be deeme
Notice in Form IV containing the minimum rates of wages fixed 2[the wage period and date of payment of wages] together with abstracts of the Act, the Rules made thereunder and the name and address of the Inspector shall be displayed in English and in a language understood by the majority of the workers in the employment 3[at the main entrance to the establishment and at its office] and shall be maintained in a clean and legible condition].
(1) Unless otherwise permitted by the Government no worker shall be required or allowed to work in a Scheduled employment, on the first day of the week (hereinafter referred to as the said day) except when he has or will have a holiday for the whole day on one of the three days immediately before or after the said day. Every worker who shall be required or allowed to work in a scheduled employment on the said day shall be paid wages equal to his average daily wages during the week he has last worked:
Provided that the weekly holiday may be substituted by another day:
Provided further that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Where in accordance with the provision of sub-rule (1), any worker works on the said day and has had a holiday on one of the three days immediately preceding it, the said day shall, for the purpose of calculating his weekly hour
(1) The number of hours which shall constitute a normal working day shall be --
(a) in the case of an adult, 9 hours.
(b) in the case of a child, 4 1/2 hours.
(2) The period of work of an adult worker each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(3) The period of work of an adult worker shall be so arranged that inclusive of his intervals for rest under sub-rule (2), they shall not spread over more than ten and a half hours in any day:
Provided that (he Inspector may, for reasons to be specified in writing, increase the spread over to twelve hours.
(4) The number of hours of work in the case of an adolescent shall be the same as that of an adult or a child according as he is certified to work as an adult or a child by a competent medical practitioner approved by the Government.
(5) The prov
(1) The number of hours which shall constitute a normal working day for employment in Plantations shall be:
(a) in the case of an adult, 9 hours;
(b) in the case of an adolescent, 6 hours and 40 minutes;
(c) in the case of a child 4 1/2 hours.
(2) The period of work of an adult worker each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(3) The period of work of an adult worker shall be so arranged that inclusive of this intervals for rest under sub-rule (2) they shall not spread over more than twelve hours including the time spent in waiting for work on any day.
(4) The period of work of an adolescent each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(5) Nothing in this
(1) The following shall be cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day:--
(a) tempest, fire, rain, breakdown of machinery or stoppage of or any cut in the supply of power, epidemic, civil commotion or other cause beyond the control of the employer;
1[(b) Where an employee works for any period not exceeding 4 hours a day].
(c) Strike or stay in strike.
(2) In the cases of interruption brought about by tempest, fire, rain, break down of machinery, epidemic, civil commotion or other natural causes beyond the control of the employer, the employee who has already started work for the day shall be paid wages at half the minimum rates of wages fixed for a normal working day if the interruption occurs at any time before the interval for mid day rest. If the interruption occurs after the
The total number of hours of overtime a worker shall be required or allowed to work in any employment shall not exceed fifty for any one quarter.
Explanation.-- 'Quarter' means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October.
(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages --
(a) in the case of employment in agriculture at one and a half times the ordinary rate of wages;
(b) in the case of any other scheduled employment at double the ordinary rate of wages;
Explanation.-- The expression "ordinary rate of wages" means the basic wages plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed of food-grains and other articles as the person employed is for the time-being entitled to but does not include a bonus.
(2) A register showing overtime payments shall be kept in Form V 1[by every employer in any Scheduled employment other than the Employment in agriculture]. Overtime work shall be entered up in the register before the expiry of 24 hours from the comm
1[(1) A Register of wages in Form XI shall be maintained by every employer and kept at the workspot:
Provided that the Register of wages to be maintained by the employer in the case of employment in agriculture shall be in Form XII:
2[Provided further that this Register need not be maintained by the employer who is required to maintain, and who actually maintains, the Register in Form 8 prescribed by sub-rule (1) of rule 23 of the Kerala Agricultural Workers Rules, 1975].
(2) A wage slip in Form XIII shall be issued by every employer to every person employed by him at least a day prior to the disbursement of wages];
(3) Every employer shall get the signature or the thumb impression of every person employed in the 3[register of wages] and wage slips at the time of payment of wages.
(4) Entries in the 3[register of wages] and wage slips shall be authenticated by the employer or any person authorised b
Each register required to be maintained under rule 21 (4), 28 (2), 29 (1) and the muster roll required to be maintained under rule 29 (5) shall be preserved for a period of three years alter the date of last entry made therein].
Notwithstanding anything contained in these Rules, where a combined (alternative) form is sought to be used by the employer to avoid duplication of work for compliance with the provisions of any other Act or the Rules framed thereunder, an alternative suitable form in lieu of any of the forms prescribed under these Rules may be used with the previous approval of the Labour Commissioner] 2[or any other officer authorised by the Labour Commissioner in writing in this behalf].
The registers, records and notices maintained as exhibited under the provisions of these rules shall always be available at or a near as practicable, to the site of employment and shall be produced or caused to be produced for inspection, at all reasonable hours by any Inspector having jurisdiction over the establishment.
2[Provided that the Inspector may, if he considers necessary, demand the production of the registers and records of any establishment, including those which have been closed, in his office or such other public place as may be nearer to the employer].
Any infringement of the provisions of the Act or of these rules noticed by the Inspector and communicated to the employer during the course of an Inspection or otherwise, shall be rectified by the employer and compliance report in respect thereof shall be submitted to the Inspector, on or before the date specified by him in this behalf].
(1) An application under sub-section (2) of section 20 or sub-section (1) of section 21, by or on behalf of an employed person or group of employed person shall be made in duplicate in Form VII, VIIA or VIII as the case may be, one copy of which shall bear the prescribed court fee.
(2) A single application under section 20 read with sub-section (1) of section 21 may be presented on behalf or in respect of a group of employed persons, if they are borne on the same establishment and their claims relate to the same wage period or periods].
The authorisation to act on behalf of an employed person or persons under sub-section (2) of Section 20 or sub-section (1) of Section 21 shall be given in form IX by an instrument which shall be presented to the Authority hearing the application and shall form part of the record.
(1) If an application under sub-section (2) of Section 20 or section 21 is entertained, the Authority shall serve upon the employer by registered post a notice in Form X to appear before him on a specified date with all relevant documents and witnesses, if any, and shall inform the applicant of the date so specified.
(2) If the employer or his representative falls to appear on the specified date, the Authority may hear and determine the application ex parte.
(3) If the applicant or his representative fails to appear on the specified date, the Authority may dismiss the application.
(4) An order passed under sub-rule (2) or sub-rule (3) may be set aside on sufficient cause being shown by the defaulting party within one month of the date of the said order, and the application shall then be reheard after service of notice on the opposite party on the date fixed for rehearing in the manner specified in sub-rule (1).
(1) The Authority, for reasons to be recorded in writing, may direct that the costs of any proceedings pending before it shall not follow the event.
(2) The costs which may be awarded shall include --
(i) expenses incurred on account of court fees;
(ii) expenses incurred on subsistence money to witnesses; and
(iii) pleader's fees to the extent often rupees provided that the Authority in any proceeding, may reduce the fees to a sum not less than five rupees or for reasons to be recorded in writing increase it to a sum not exceeding twenty-five rupees.
(3) Where there are more than one pleader or more than one applicant or opponent the Authority may subject as aforesaid, award to the successful party or parties such costs as it may deem proper.
The Court fee payable in respect of proceedings under Section 20 shall be. --
(i) for every application to summon a witness- One rupee in respect of each witness;
1[(ii) for every application made by or on behalf of an individual- one rupee];
2[(iii) for every application made on behalf, or in respect of a number of employees- one rupee per employee subject to a maximum of twenty rupees]:
Provided that the Authority may, if in its opinion, the applicant is a pauper exempt him wholly or partly from the payment of such fees:
Provided further that no fee shall be chargeable.
(a) from persons employed in Agriculture; or
(b) in respect of an application made by an Inspector.
These rules shall not apply in relation to any scheduled employment in so far as there are in force rules applicable to such employment, which in the opinion of the State Government, make equally satisfactory provisions for the matters dealt with by these rules and such opinion shall be final.
The Travancore-Cochin Minimum Wages Rules, 1951 and the Minimum Wages (Madras) Rules, 1953 as in force in the Malabar District referred to in sub-section (2) of Section 5 of the S. R. Act, 1956 (37 of 1956) are hereby repealed:
Provided that any order made or action taken under the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
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