Madhya Pradesh Minimum Wages Rules 1958

Did you know the minimum wage of a highly skilled person per month is 9,735 in Madhya Pradesh?

A minimum wage is the least amount of money that a company can lawfully pay to an employee. It's the price below which employees are unable to sell their services.

Minimum wage rates are established on a national, state, sectoral, and occupational level in India. Minimum pay rates can be set in any region, occupation, or industry. There is also a minimum wage for trainees, youth, and piece-rate workers. The cost of living is taken into account while determining the minimum wage.

Table of contents

All about Minimum Wages

Madhya Pradesh minimum wages rules 1958 establishes the minimum wage rates in India. Because labour is a concurrent topic under the Indian Constitution, both the Central and Provincial governments establish minimum wage rates.

A basic rate of wages plus a cost of living allowance; or a basic rate of wages plus the cash value of concessions in respect of the supply of essential commodities at concession rates (if authorised); or an all-inclusive rate that includes the basic rate, the cost of living allowance, and the cash value of concessions, Madhya Pradesh minimum wages rules 1958.

Different minimum wage rates may be set for different scheduled employments; different classes of work within the same scheduled employment; adults, adolescents, children, and apprentices; and different localities when setting or adjusting minimum wage rates, Madhya Pradesh minimum wages rules 1958. Minimum pay rates can be set by the hour, day, month, or any other longer wage period that is specified.

The Central and State Governments may both notify scheduled employments and fix/revise minimum wage rates for these scheduled employments under the Madhya Pradesh minimum wages rules 1958.

Agricultural and non-agricultural jobs are included in the list of scheduled jobs. Both the Central and State Governments have the authority to list any occupation (industry/sector) in the schedule with a workforce of 1000 or more employees and to set minimum pay rates for those employed there, Madhya Pradesh minimum wages rules 1958.

In the Central Sphere, minimum wages are set for 45 scheduled jobs, but at the state level, minimum wages are set by each state based on the most dominant industries, Madhya Pradesh minimum wages rules 1958.

The minimum wage is adjusted based on the following five factors: three consumption units per earner;

minimum food requirement of 2700 calories per average adult;
cloth requirement of 72 yards per year per family;
house rent corresponding to the minimum area provided under the Government's Industrial Housing Scheme;
fuel, lighting, and other miscellaneous items of expenditure to account for 20% of the total minimum wage;
and children's education, medical requirements, minimum recreation including festivals/ceremonies and provision.

Minimum wages may be reassessed at different intervals, but no more than five years apart, Madhya Pradesh minimum wages rules 1958.

The Minimum Wages Act specifies two ways for determining and revising minimum wages. The Committee Method entails the government forming committees and subcommittees to conduct investigations and provide recommendations on minimum wage setting and adjustment.

Government plans are published in the Official Gazette for the information of those who are likely to be affected, and they designate a date (not less than two months from the date of the notification) when the proposals will be considered, Madhya Pradesh minimum wages rules 1958.

The appropriate Government, after considering the advice of the Committees/Sub-committees (Committee method) and all the representations received by the specified date (Notification method), fixes/revises the minimum wage in respect of the concerned scheduled employment by notification in the Official Gazette, which takes effect three months after its issue, Madhya Pradesh minimum wages rules 1958.

The Central Government links the Variable Dearness Allowance for industrial workers to the Consumer Price Index to protect real salaries from inflationary effects (CPI-IW). When revising the minimum wage, most states include a variable dearness allowance. VDA is updated twice a year, on the first of April and the first of October, Madhya Pradesh minimum wages rules 1958.

Labor inspectors, who are appointed under section 19 of the Madhya Pradesh minimum wages rules 1958, verify compliance with labour legislation, including the payment of minimum wages to workers.

Fines, imprisonment, and payment of arrears may be imposed in the event of noncompliance. Violators of the Minimum Wages Act may be fined (up to 500 rupees) or imprisoned for up to six months, or both, according to Section 22 of the Madhya Pradesh minimum wages rules 1958.

The Authority (magistrate) may also order the payment of arrears to the employee, as well as compensation for late wages, Madhya Pradesh minimum wages rules 1958.

Such additional compensation, however, shall not exceed ten times the amount due, Madhya Pradesh minimum wages rules 1958. A punishment of up to 500 rupees can be imposed on an employer who fails to keep a register or record as required by law, Madhya Pradesh minimum wages rules 1958.

If a worker is paid less than the government's minimum wage, he or she has the right to file a complaint with the labour inspectorate, Madhya Pradesh minimum wages rules 1958. The worker, a legal practitioner, or a representative of a registered trade union can file the complaint. Unpaid/due wages must be claimed within six months of the day they became due, Madhya Pradesh minimum wages rules 1958.

The Code proposes that the federal government set a minimum wage that takes into account workers' living standards. For different geographical locations, the central government may set different pay floor levels, Madhya Pradesh minimum wages rules 1958.

The central government may also communicate with state governments and seek opinion from the Central Advisory Board (a tripartite plus advisory body with representation from worker, employer, and government groups as well as independent persons).

Furthermore, women must make up 33 percent of the entire membership of both the central and state boards. The Boards' mandate is to advise their respective governments on a variety of problems, including (i) minimum wage fixation and (ii) boosting women's job prospects, Madhya Pradesh minimum wages rules 1958.

The national or state governments must announce minimum wages that are higher than the minimum wage. Existing minimum wages cannot be reduced if they are greater than the floor wage, Madhya Pradesh minimum wages rules 1958.

Employers are prohibited from paying workers less than the minimum wage under the Wage Code. The government announces minimum wages that are either time based (number of hours worked) or per item, Madhya Pradesh minimum wages rules 1958.

The minimum wage must be revised and evaluated every five years by the federal or state governments. When determining minimum wages, the federal or state governments may consider criteria such as (i) worker skill and (ii) the physically demanding nature of the job.

Platform worker’s non-standard rights on the minimum wage

Only employees are subject to minimum pay. The law, however, allows the appropriate (central or state government) to add any person declared to be an employee by the applicable Government in the list of employees. As a result, the central and state governments can publish platform worker wages.

The 2019 Code on Wages outlines the Minimum Wage Procedure (enacted in August 2019). Employers are also required by law to give employees minimum wages, Madhya Pradesh minimum wages rules 1958.

Any person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to perform any skilled, operational, supervisory, technical, or clerical work for hire or reward, whether the terms of employment are express or implied, and also includes a person declared to be an employee by the appropriate Government, but excludes any member of the family, according to the definition, Madhya Pradesh minimum wages rules 1958.

Only employees are eligible for the bonus payment under the Wage Code of Madhya Pradesh minimum wages rules 1958. A bonus payment may be included in the service agreement to encourage service delivery.

Inspector-cum-Facilitator is responsible for inspecting all such establishments where workers are hired under the Wage Code. Proceedings against an employer can be started once a worker inspects a record or files a complaint. Platform workers, on the other hand, are not covered by the Wage Code because they are considered independent contractors, Madhya Pradesh minimum wages rules 1958.

Wage Codes provide fines in cases where the law is not followed. The penalties range from 20,000 to 100,000 rupees in India. The Indian Contract Act, 1872 governs platform economy workers' agreements because they are deemed independent contractors, Madhya Pradesh minimum wages rules 1958.

Term of office of members of the Committee

The length of office of the members of the Committee shall be such as the Government considers necessary to complete the investigation of the scheduled employment in question, and the Government may determine such terms at the time of the Committee's formation and may extend it as circumstances dictate, Madhya Pradesh minimum wages rules 1958.

Board members' terms of office

A non-official member of the Board's term of office shall be two years, beginning on the date of his nomination, unless otherwise expressly provided in these rules; provided, however, that such member shall continue to hold office until his successor is nominated, notwithstanding the expiration of the said period of two years, Madhya Pradesh minimum wages rules 1958.

A non-official member of the Board who is nominated to fill a casual vacancy will serve for the remainder of the term of the member to whom he is nominated, Madhya Pradesh minimum wages rules 1958.

The formal members of the Board will serve at the discretion of the government.

No act or action of the Committee or the Board shall be called into question because of a vacancy in the membership, a defect in the appointment of a member, or any other defect or irregularity in such act or proceeding that does not impact the case's merits, Madhya Pradesh minimum wages rules 1958.

Allowance for travel

A non-official member of the Committee or the Board shall be entitled to travel and halting allowance at the rates and under the conditions applicable to a Government servant of the first class under the appropriate Government rules for any journey performed in connection with his duties as such member. His monthly remuneration for this purpose shall be Rs. 750 or such greater sum as the Government may specify in any given case:

Provided, however, that a member of the State Legislature and Parliament is entitled to daily and travel allowances at the rates set forth in the Acts governing their salaries and allowances, or the rules promulgated thereunder, Madhya Pradesh minimum wages rules 1958.

Staff

The Government may appoint a Secretary to the Committee or Board, as well as any other personnel it deems essential, and may set their salaries and allowances, as well as their terms of service, Madhya Pradesh minimum wages rules 1958.

The Secretary is the Committee's or Board's Chief Executive Officer, as the case may be. He may attend meetings of such Committee or Board, but unless he is a member of the Committee or Board, he is not entitled to vote at such sessions, Madhya Pradesh minimum wages rules 1958.

The Secretary will help the Chairman in calling meetings, keeping a record of the minutes of those sessions, and taking the required steps to carry out the Committee's or Board's decisions, as the case may be, Madhya Pradesh minimum wages rules 1958.

Members of the Committee and the Board are eligible for re-nomination.

An exiting member is eligible for re-nomination for the Committee or Board to which he or she previously belonged.

Chairman and members of the Committee and the Board of Directors resign, and casual vacancies are filled.

A member of the Committee or the Board who is not the Chairman may resign by giving written notice to the Chairman, Madhya Pradesh minimum wages rules 1958.

The Chairman can resign in writing to the government

Resignations submitted under sub-rule (1) or (2) take effect on the date of communication of acceptance or 30 days after the date of resignation, whichever comes first.

When a vacancy in the membership of the Committee or the Board occurs or is likely to occur, the Chairman must immediately notify the Government. Following that, the government will take efforts to fill the vacancy, Madhya Pradesh minimum wages rules 1958.

Restoration of membership

If a member of the Committee or the Board misses three consecutive meetings, they will lose their membership, subject to the conditions of sub-rule.

A person who ceases to be a member under sub-rule (1) is notified of his or her termination by a letter written to him by registered mail or personal delivery. If the intimation is returned undelivered when sent by personal delivery or registered mail, the Chairman shall cause it to be published in the State's Official Gazette, and the intimation shall be presumed received by the member upon such publication.

The letter will state that if he wishes to have his membership restored, he must apply within thirty days after receiving the letter. If a majority of members present at the next meeting are satisfied that the reasons for missing three consecutive meetings are adequate, the member will be restored to membership immediately after a resolution to that effect is adopted.

Despite anything in sub-rules (1) and (2), the Government may, after considering the Committee's or Board's opinions, order that a member's membership shall not be terminated simply because he has missed three consecutive meetings, Madhya Pradesh minimum wages rules 1958.

Disqualifications

A person is disqualified from being nominated for, and serving on, the Committee or Board, as the case may be.

if he is found to be mentally ill by a competent court; or

(ii) if he is an insolvent who has not been discharged; or

(iii) if he has been convicted of a crime involving moral turpitude before or after the Act's inception, or

(iv) if, in the view of the State Government, he has ceased to represent the interests of the employers or employees, as the case may be.

If there is any doubt as to whether a disqualification has occurred under sub-rule (1), the Government's decision is final.

Meetings

Subject to Rule 12, the Chairman may call a meeting of the Committee or the Board at any time he sees fit; provided, however, that the Chairman must call a meeting within fifteen days of receiving a written request from not less than one-half of the Board members.

Notice of meetings

Each meeting's date, time, and location shall be determined by the Chairman, and a written notice containing those details, as well as a list of business to be conducted at the meeting, shall be sent to each member by personal delivery or registered mail at least fifteen days prior to the meeting's scheduled date.

However, each member may only be given seven days' notice in the event of an emergency meeting.

Chairman

Meetings of the Committee or the Board shall be presided over by the Chairman, depending on the situation.

In the absence of the Chairman, the members elect a member to preside over the meeting by a majority of votes from among themselves, Madhya Pradesh minimum wages rules 1958.

Quorum

At least one-third of the members, as well as one representative from both employers and employees, must be present at any meeting to conduct business:

Provided, however, that if no representative of the employers or employees attends a meeting, or if less than one-third of the members attend, the Chairman may adjourn the meeting to a date not later than seven days from the original meeting date, and it shall then be lawful to conduct business at such adjourned meeting, regardless of the number or class of members present.

Disposal of business

All business shall be discussed at a meeting of the Committee or the Board, as the case may be, and decided by a majority vote of the members present and voting. In the event of a tie vote, the Chairman will have the final say:

Provided, however, that the Chairman may, in his discretion, direct that any matter be settled by the circulation of required materials and the collection of written opinions from members:

Provided, therefore, that no decision under the foregoing proviso shall be made unless it is backed by a two-thirds majority of the members, Madhya Pradesh minimum wages rules 1958.

Method of voting

Ordinarily, voting is done by show of hands, but if any member asks for a ballot, or if the Chairman so chooses, voting will be done by secret ballot and performed in the Chairman's method, Madhya Pradesh minimum wages rules 1958.

The meeting's proceedings

The minutes of each meeting, including the names of the members present, must be given to each member and the Government as soon as practicable after the meeting, but no later than seven days before the following meeting.

At the next meeting, the proceedings of each meeting will be confirmed, with any revisions that may be deemed necessary, Madhya Pradesh minimum wages rules 1958. Witness summons and document production, among other things

A Committee or the Board may call any person to testify as a witness during an investigation. A witness may be asked to come before it on a certain date and produce any books, papers, or other documents and materials in his custody or control that are in any way linked to the investigation.

A summons issued under sub-rule (1) may be addressed to an individual, an employer organisation, or a registered labour union.

A summons issued under this rule may be served in the following ways: I by being delivered or sent by registered mail or personal delivery to an individual; (ii) by being delivered or sent by registered mail to the Secretary or other principal officer of an employer's organisation or a registered trade union of workers, as the case may be.

The requirements of the Code of Civil Procedure, 1908, concerning the summons and enforcement of witnesses' appearances and the production of documents, shall apply to proceedings before a Committee or the Board, to the extent possible.

Witness travel expenses

Every individual who is summoned and appears as a witness before the Committee or the Board is entitled to an allowance for expenses in line with the current scale for payment of such allowances to witnesses appearing in State Civil Courts.

Method for calculating the monetary value of wages

The monetary value of wages paid in kind and essential commodities supplied at concessionary rates is computed using the retail prices at the nearest market. This calculation must be done in accordance with any instructions published by the government from time to time.

Wage payment dates and conditions, as well as the deductions that may be made from wages

The wage term for any scheduled employment for which wages have been fixed shall not exceed one month, and a worker's wages in such employment shall be paid on a working day-to-day basis, Madhya Pradesh minimum wages rules 1958.

(a) before the expiry of the seventh day in the case of establishments employing less than one thousand people; and (b) before the expiry of the tenth day following the last day of the wage period in which the wages are payable in the case of other establishments:

Payment of salaries shall be made weekly on the day preceding the weekly market day in the case of employment in agriculture.

When an employee's employment is terminated by or on behalf of the employer, the employee's wages must be paid by the end of the second working day following the date of termination.

An employed person's pay must be paid to him without deductions unless they are authorised by or under these rules, Madhya Pradesh minimum wages rules 1958.

Explanation - For the purposes of these rules, every payment made by the employed person to the employer or his agent is considered a deduction from wages, Madhya Pradesh minimum wages rules 1958.

A person employed in a Scheduled job may be subject to one or more of the following deductions from his or her wages:

(i) fines for such proved acts and omissions on the side of the employee, for which the Government may require fines to be levied in all or some Scheduled Employments, and the Labour Commissioner's decision on the subject of whether an act or omission occurred shall be final;

(ii) absence from duty deductions;

(iii) deductions for damage to or loss of property entrusted to the employed person for custody, or for loss for which he is responsible, when the damage or loss is directly attributable to his negligence or default;

(iv) deductions for housing accommodations provided by the employer, the government, or any government-created authority, as well as deductions for water or light connections, whether provided by the employer, the government, or any government-created agency;

(v) deductions for employer-provided facilities and services that the government may authorise by general or particular order.

Explanation: In this clause, the terms amenities and services do not include the provision of tools and protections essential for the purposes of employment, Madhya Pradesh minimum wages rules 1958.

(vi) deductions for the recovery of advances or the adjustment of overpayments or wages: Provided, however, that such advances do not exceed an amount equal to the employed person's wages for two calendar months, and that the monthly instalment of deductions does not exceed one-fourth of the wages earned in that month;

(vii) income-tax deductions due to the employed person;

(viii) deductions necessary by a Court or other competent authority's order;

(ix) deductions for subscriptions to, and payments of advances from, any provident fund to which the Provident Fund Act, 1925 applies, or any recognised provident fund as defined in Section 58-A of the Indian Income Tax Act, 1922, or any provident fund approved in this behalf by the Government while such approval is in effect;

(x) deductions made with written authorization of the person employed for payment of any premium or by life insurance policy to the Life Insurance Corporation of India, formed under the Life Insurance Act, 1956 (XXX of 1956);

(xi) deductions for the recovery or adjustment of amounts other than wages paid to the employee by mistake or in excess of what is owed to him:

The deductions under this provision, however, will not be made unless-

(i) the Inspector or other person authorised by the Government in this regard gives his or her prior approval; and

(ii) the employee has granted his written approval to such deductions;

(xii) deductions for poor workmanship to the extent and according to the circumstances specified by the Government in any planned employment by order.

Any person who wishes to impose a fine on an employed person or make a deduction for damage or loss caused by him must explain the act or omission, or the damage or loss, for which the fine or deduction is proposed to be imposed or made to him personally and in writing, and provide him with an opportunity to offer any explanation in the presence of another person. He will also be informed of the amount of the said time or deduction.

The amount of the fine or deduction stipulated in sub-rule (3) is at the discretion of the Government. All such deductions and realisations must be noted in a register maintained in Forms I, II, and III, if applicable. [The employer must submit an annual return in duplicate in Form III to the Inspector] by the 31st of January of the following year, Madhya Pradesh minimum wages rules 1958.

The fine levied under sub-rule (3) may only be used for activities that are advantageous to employees and are approved by the Labour Commissioner, subject to any instructions given to him by the Government.

The terms of the Payment of Wages Act, 1936, will not be affected by this rule.

Public awareness of minimum wages act

The employer must post a notice in Form X containing the minimum pay rates, as well as extracts from the Act, the rules issued thereunder, and the Inspector's name and address, in English and Hindi, in such a location as the Inspector may specify, and it must be kept clean and readable. All sub-divisional and district offices' notice boards must also show such notices.

If the Inspector fails to specify a location in a specific case, the notice must be posted at the establishment's main entrance or, in the case of agricultural employment, at the main entrance of the employer's residence or farm-house, where the employees collect their implements or receive their wages, Madhya Pradesh minimum wages rules 1958.

Holiday once a week

An employee in a scheduled employment for which minimum wage rates have been established under the Act is entitled to one day of rest per week (hereinafter referred to as the rest day), which is ordinarily Sunday, but the employer may designate any other day of the week as the rest day for any employee or class of employees in that scheduled employment:

If the employee has worked in the scheduled position for at least six days under the same employer, the following applies:

Furthermore, the employee shall be informed of the day designated as the rest day, as well as any subsequent changes in the rest day, prior to the change taking effect, by posting a notice to that effect in the place of employment at the location designated by the Inspector in this regard.

Explanation - For the purposes of the first proviso to this sub-rule, an employee who is required to report to work on a particular day but is only given an allowance for attendance and is not given work for any reason other than those listed in Rule 26 is considered to have worked on that day, Madhya Pradesh minimum wages rules 1958.

On the rest day, no such person shall be compelled or permitted to work in a planned job unless-

(a) On one of the three days immediately before or following the rest day, he has or will have a substituted rest day for an entire day; and

(b) the employer notifies the employee in advance of his plan to require the employee to work on the rest day as well as the day that will be substituted:

Provided, however, that no substitution is made that will result in the employee working for more than ten days in a row without a full day of rest.

When an employee works on a rest day and is given a substituted rest day on one of the three days before or after the rest day, the rest day is included in the week in which the substituted rest day occurs for the purposes of computing weekly hours of work, Madhya Pradesh minimum wages rules 1958.

If an employee works on a rest day and is given a substituted rest day, he will be paid overtime for the rest day on which he worked plus wages for the substituted rest day at the next preceding day's rate, Madhya Pradesh minimum wages rules 1958.

Explanation - In this sub-rule, next preceding day refers to the last day on which the employee worked prior to the rest day or substituted rest day, as the case may be, and next preceding day refers to the last day on which the employee worked prior to the rest day, if the substituted rest day falls on a day immediately following the rest day, Madhya Pradesh minimum wages rules 1958.

Employees in scheduled work other than agricultural employment are subject to the provisions of this rule.

The provisions of this rule shall not operate to the detriment of any more favourable terms to which an employee may be entitled under any other law or the terms of any award, agreement, or contract of service, and in such a case, the employee shall be entitled only to the aforementioned more favourable terms, Madhya Pradesh minimum wages rules 1958.

Number of hours in a working day

The working day of an adult worker shall be structured such that it does not exceed twelve hours on any given day, or such longer duration as the Government may announce by general or special order.

The number of hours of work for an adolescent shall be the same as for an adult or a kid if he is certified to work as an adult or a child by a Medical Officer of the Government's dispensaries and hospitals not below the rank of Sub-Assistant Surgeon.

In the case of workers in agricultural employment, the provisions of sub-rules (1) to (3) are subject to such adjustments as the Government may notify from time to time, Madhya Pradesh minimum wages rules 1958.

On any given day, no kid shall be engaged or permitted to work for more than 4 12 hours.

The provisions of the Factories Act of 1948 will not be affected by this rule.

Shifts at night

When a worker in a regular job performs a shift that lasts longer than 12 a.m.

(a) For the purposes of Rule 23, a holiday for the entire day is a period of twenty-four hours beginning when his shift ends; and

(b) In such a circumstance, the following day is understood to be the period of twenty-four hours beginning when such shift finishes, and the hours after midnight during which such worker was at work are counted towards the preceding day, Madhya Pradesh minimum wages rules 1958.

Extra pay for working overtime

When a worker works for more than the number of hours that constitute a normal working day as defined in Rule 25, subject to any adjustments made under sub-rule (4) thereof; or for more than 48 hours in a week, he is entitled to overtime pay.

(a) in the case of agricultural employment, at one and a half times the normal wage rate;

(b) in the case of any other scheduled employment at double the regular wage rate.

Explanation - The term "ordinary rates of wages" refers to the basic wage plus any allowances, such as the cash equivalent of benefits arising from the concessional sale of food grains and other articles to the person employed, as the person employed is for the time being entitled to, but does not include a bonus.

Register of Late payment

The provisions of the Factories Act of 1948 will not be affected by this rule.

Situations in which an employee is not entitled to pay for a full working day

A person who is employed for a duration of less than the required number of hours that constitute a regular working day is not entitled to receive remuneration for a full normal working day to the extent that he is absent during those hours.

Form of registers and records

Every employer is required to keep a wage register in Form XI at the workplace.

Wage-slips in Form XII, containing such particulars as the Government may notify, must be delivered by every employer to every person employed by him at least one day before salaries are disbursed. However, in circumstances when wages are paid on the day the task is completed, they must be issued on the same day.

Every employee's signature or thumb impression must be recorded in the wage book and wage slip by the employer. The employer must sign the authentication document.

The employer or any person authorised by him on his behalf must authenticate entries in the wage books and wage slips.

Every employer at the worksite is required to keep a Muster Roll in Form V.

Inspection Book Maintenance

Every employer must keep a bound Inspection Book in the form of a blank register and produce it when the Inspector requests it. The Inspector shall make a duplicate inspection note on plain paper, the original of which shall be handed over to the Establishment Inspector for pasting in running serial order on the inspection book, and the duplicate copy shall be kept by the Inspector for official purposes.

Requirement of alternate forms

In lieu of the registers and records required to be kept in Forms I, II, IV, V, XI, and XII of these rules, the employer may keep the record of attendance, overtime work, account of wages, fines, and deductions in respect of each employee in a combined register in Form N as prescribed by sub-rule (1) of Rule 20 of the Madhya Pradesh Shops and Establishment Rules, 1959; or

(b) With the prior consent of the Labour Commissioner, an individual employer, a group of employers, or an association of employers may use any other alternative form to avoid duplication of work in lieu of any of the forms required to be maintained under these rules.

Agriculture Employment Statistics

Regardless of what is stated in Rule 28, an employer that employs people in agriculture may keep a wage and other records in Form XIII.

Keeping track of registers

All records and registers required to be kept under these Rules must be kept for at least twenty-four months after the last entry was made in them, or for such a longer period as the Inspector may specify in any particular case.

Employees must be given attendance cards by their employers.

The employer must submit a card in Form XIV, which must be in Hindi, to every employee engaged in any scheduled employment, save agricultural employment.

The card will remain in the employee's possession for the month before being returned to the employer, who will keep it for the next twenty-four months.

The employer or any other person allowed by him on his behalf shall make the entries on such a card each day in the presence of the employee, and the employee shall show the card whenever necessary for this reason, Madhya Pradesh minimum wages rules 1958.

If the State Government or any officer authorised by it in this regard is satisfied that the employees employed by any employer are provided with cards or other documents that provide the particulars required for the purposes of this rule, the State Government or such officer may, by order in writing, direct that any such card or document be provided and maintained in place of the card prescribed under this rule and the provisions of this rule.

Applications

An application made by or on behalf of an employed person or group of employed persons under sub-section (2) of Section 20 or sub-section (1) of Section 21 must be duplicated in Forms VI and VII, as applicable.

Authorisation

The authority to act on behalf of an employed person or persons is granted in Form VIII by an Instrument that is delivered to the Authority hearing the application and becomes part of the record. Every such authorization must bear a twelve-pence court fee stamp.

Parties' appearance

If an application is granted under Section 20 or Section 21, the authority shall serve on the employer a notice in Form IX to appear before him on a set date with all relevant papers and witnesses, if any, and shall notify the applicant of the date so indicated by registered mail.

The authority may hear and decide the application ex parte if the employer or his representative fails to appear on the stated date.

The Authority may dismiss the application if the applicant or his representative fails to appear on the appointed date, Madhya Pradesh minimum wages rules 1958.

An order made under sub-rule (2) or (3) may be set aside if the defaulting party shows good reason within one month of the date of the order, and the application may be reheard after delivery of notice on the opposing party on the rehearing date, in the manner indicated in sub-rule (2).

Inspectors' Authority

In addition to the powers set forth in sub-section (2) of Section 19 of the Act, an Inspector shall have the authority, subject to the provisions of the Act, to prosecute, conduct, or defend any complaint or other proceeding arising under the Madhya Pradesh minimum wages rules 1958 or in the discharge of his duties as an Inspector before a Court, and to secure such evidence as may be necessary for the purpose.

37A Savings

These rules shall not apply to any scheduled job where there are in force rules that, in the judgement of the Government, make equally satisfactory provisions for the matters addressed by these rules, and such opinion shall be final.

Repeal and Saving

Any order, notification, or action taken under any of the above mentioned Rules shall be assumed to have been done, made, issued, or taken under the corresponding provision of these Rules.

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Key Takeaways

Madhya Pradesh minimum wages rules 1958 establishes the minimum wage rates in India. Because labour is a concurrent topic under the Indian Constitution, both the Central and Provincial governments establish minimum wage rates.
Different minimum wage rates may be set for different scheduled employments; different classes of work within the same scheduled employment; adults, adolescents, children, and apprentices; and different localities when setting or adjusting minimum wage rates. Minimum pay rates can be set by the hour, day, month, or any other longer wage period that is specified.
Agricultural and non-agricultural jobs are included in the list of scheduled jobs. Both the Central and State Governments have the authority to list any occupation in the schedule with a workforce of 1000 or more employees and to set minimum pay rates for those employed there.
Inspector-cum-Facilitator is responsible for inspecting all such establishments where workers are hired under the Wage Code. Proceedings against an employer can be started once a worker inspects a record or files a complaint. Platform workers, on the other hand, are not covered by the Wage Code because they are considered independent contractors
Furthermore, women must make up 33 percent of the entire membership of both the central and state boards. The Boards' mandate is to advise their respective governments on a variety of problems, including (i) minimum wage fixation and (ii) boosting women's job prospects.
Resignations submitted under sub-rule (1) or (2) take effect on the date of communication of acceptance or 30 days after the date of resignation, whichever comes first. When a vacancy in the membership of the Committee or the Board occurs or is likely to occur, the Chairman must immediately notify the Government. Following that, the government will take efforts to fill the vacancy.
Each meeting's date, time, and location shall be determined by the Chairman, and a written notice containing those details, as well as a list of business to be conducted at the meeting, shall be sent to each member by personal delivery or registered mail at least fifteen days prior to the meeting's scheduled date.