the equal remuneration act, 1976

8/7/2019 THE EQUAL REMUNERATION ACT, 1976

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THE EQUAL

REMUNERATION ACT,1976


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Statement of Objects and Reasons.

Article 39 of Constitutiony envisage that the State shall direct its policy, among

other things, towards securing that there is equal pay

for equal work for both men and women.y To give effect to this constitutional provision, the

President promulgated on the 26th. September, 1975,the Equal Remuneration Ordinance, 1975 so that the

provisions of Article 39 of the Constitution may beimplemented in the year which is being celebrated asthe International Womens Year


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y Act provides for the payment of equalremuneration to men and women

y

Extends to the whole of Indiay Act makes it obligatory on the part of

employer to pay equal remuneration to menand women workers for same work or workof a similar nature.

y In order to make the wages equal,prevailing wages shall not be reduced butthe higher rate shall be maintained.

Raghubar Jha


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No discrimination

y N

o discrimination while makingrecruitment for the same work or work of asimilar nature, except where theemployment of women in such work isprohibited or restricted by or under anylaw for the time being in force.

y No discrimination in any condition ofservice subsequent to recruitment such aspromotions, training or transfer.

yPower of appropriate Government to appointauthorities for hearing and deciding claims andcomplaints. --

Raghubar Jha


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y Duty of employers to maintain registers.

y Inspectors. -- (1) The appropriate Government

may, by notification, appoint suchy persons as it think fit to be Inspectors for the purpose

of making an investigation as to whether theprovisions of this Act, or the rules made there under,

are being complied with by employers


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y Penalties. -- (1) If after the commencement of this Act, any employer,being required

y by or under this act, so to doy (a) omits or fails to maintain any register or other document in relation to

workersy employed by him, ory (b) omits or fails to produce any register, muster-roll or other document

relating toy the employment of workers, ory (c) omits or refuses to gives any evidence or prevents his agent, servant, or any

othery person in charge of the establishment, or any worker, from giving evidence, ory (d) omits or refuses to give any information,y he shall be punishable 3[with simple imprisonment for a term which may

extend to oney month or with fine which may extend to ten thousand rupees or with both].


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y (2) If, after the commencement of this Act, any employery (a) makes any recruitment in contravention of the provisions of his Act, ory (b) makes any payment or remuneration at unequal rates to men and women worker,y for the same work or work of a similar nature, ory (c) makes any discrimination between men and women workers in contravention ofy the provisions of this Act, ory (d) omits or fails to carry out any direction made by the appropriate Governmenty under sub-section (5) of Section 6.y he shall be punishable 4[with fine which shall not be less than ten thousand rupees buty which may extend to twenty thousand rupees or with imprisonment for a term which shally be not less than three months but which may extend to one year or with both for the firsty offence, and with imprisonment which may extend to two years for the second andy subsequent offences].


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y (3) If any person being required so to do, omits orrefuses to produce to an Inspector any

y register or other document or to give any information,he shall be punishable with fine,

ywhich may extend to five thousand rupees.

the equal remuneration act, 1976

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