Minimum Wages (Delhi) Amendment Act, 2017

The Delhi Government, on April 23, 2018, has passed the Minimum Wages (Delhi) Amendment Act, 2017 which shall come into force on May 05, 2018.

In the Minimum Wages Act, 1948, the following changes have been made:

1.       Amendment of Section 2:

In Section 2 of the Minimum Wages Act, 1948, in its application to the National Capital Territory of Delhi, after clause (g), the following clause shall be inserted, namely:

“(ga) State Government means the Lieutenant Governor of National Capital Territory of Delhi, appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution.”.

2.      Amendment of Section 4:

In Section 4, in its application to the National Capital Territory of Delhi, after sub-section (2), the following sub-section shall be inserted; namely:

“(3)The appropriate government, in fixing or revising the minimum rates of the wages under foregoing subsections, shall take into account the skill required, the arduousness of the work assigned to the worker, the cost of living of the worker and other such components which are related to fixing or revising minimum rates of wages as the Government may think appropriate.”

3.       Amendment of Section 11:

In Section 11, in its application to the National Capital Territory of Delhi,-

(1) in Sub-section (1), for the words “in cash”, the words “by depositing the same in the bank account of the employees, electronically or by account payee cheque” shall be substituted.

(2) In Sub-section (1), the following provisos shall be inserted, namely:-

“Provided that payment of wages to the workers employed on daily wages basis, not less than minimum wages as notified from time to time by appropriate Government, may be made in cash;

Provided further that in special circumstances which are beyond the control of employer like- fire in the establishment, natural calamities, death of employer or director of the establishment and other such circumstances as prescribed by appropriate government, the payment of wages may be made in cash.”.

4.      Amendment of Section 14:

In Section 14, in its application to the National Capital Territory of Delhi, in Sub-section (1), for the words “the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher.”, the words “the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act which shall not be less than two times of the normal rate of wages fixed under this Act or under any law of the appropriate Government for the time being in force, whichever is higher” shall be substituted.

5.       Amendment of Section 20:

In Section 20, in its application to the National Capital Territory of Delhi, after sub-section (3), the following sub-section shall be inserted, namely:

“ (3A)-During the pendency of the proceeding or inquiry in the application preferred by the workman under subsection(2), the workman shall not be retrenched, dismissed, terminated or laid-off without the prior approval of the Authority before whom the application is pending.”.

6.      Amendment of Section 22:

In Section 22, in its application to the National Capital Territory of Delhi, for the words “shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both”, the words “shall be punishable with imprisonment for a term of three years, or with fine of fifty thousand rupees, or with both.” shall be substituted.

7.       Amendment of Section 22A:

In Section 22A, in its application to the National Capital Territory of Delhi, for the words “with fine which may extend to five hundred rupees”, the words “with imprisonment for a term of one year, or with fine twenty thousand rupees or with both” shall be substituted.

8.      Amendment of Section 22B:

After sub-section 2 of Section 22 (B), in its application to the National Capital Territory of Delhi, the following sub-section shall be inserted, namely:

“(3) The court before whom the prosecution complaint is made under section 22 shall dispose of the same within a period of three months from the date of making of the complaint.”.

9.      Insertion of Sections 31A:

After Section 31, in its application to the National Capital Territory of Delhi, the following section shall be inserted, namely:

“31A. The employer shall Upload the employee data on website or web portal in the manner as may be prescribed.”.

 

[No. F.15(11)/LA-2015/ cons2law/ 26-35]

URL: http://www.egazette.nic.in/WriteReadData/2018/185159.pdf