Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
This Act may be called the Equal Remuneration Act, 1976. It extends to the whole of India. It shall come into force on such date1*, not being later than thr...
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...
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, agreemen...
Chapter II Payment Of Remuneration Of Equal Rates To Men And Women Workers And Other Matters
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 fa...
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, [or in any condition of 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...
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 labor officer, as it thinks fit to be the authorities for ...
Chapter III Miscellaneous
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 b...
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 t...
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 do...
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 respon...
12 Cognizance and trial of offences
(1) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of first class shall try any offence punishable under this Act. (2) No court...
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 gener...
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. ...
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 ...
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...
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 th...
18 Repeal and saving
(1) The Equal Remuneration Ordinance, 1975 (12 of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordi...
Equal Remuneration Rules, 1976
Chapter I Preliminary
1 Short title and commencement
(1) These rules may be called the Equal Remuneration Rules, 1976. (2) They shall come into force on the date of their publication in the Official Gazette. ...
2 Definitions
In these rules, unless the context otherwise requires,- (a) "Act" means the Equal Remuneration Act, 1976 (25 of 1976); (b) "authority" means an authority app...
Chapter II Complaints And Claims Under The Act
3 Complaints regarding contravention of the Act
(1) Every complaint under clause (a) of sub-section (1) of section 7 shall be made in triplicate, in form ‘A’ to the authority. (2) A single complaint may be ...
4 Claim regarding non-payment of wages, etc.
(1) Every claim under clause (b) of sub-section (1) of section 7 shall be made by petition in triplicate, in Form 'B' to the authority. (2) A single petition ...
5 Authorization
The authorization referred to in sub-rule (3) of rule 3 or sub-rule (3) of rule 4 shall be in Form ‘C’ which shall be presented to the Authority to whom the c...
Chapter III Registers To Be Maintained
6 Registers to be maintained by the employer
Every employer shall maintain up to date a register in relation to the workers employed by him in Form ‘D’ at the place where workers are employed.] ...
Form A Complaint Under Clause 7(1)(A) Of The Equal Remuneration Act, 1976
[To be submitted in triplicate] [Rule 3(1)] To The authority appointed under sub-section (1) of section 7. .......................................................
Form B Claim Under Section 7(1)(B) Of The Equal Remuneration Act, 1976
(To be submitted in triplicate) [Rule 4(1)] To The authority appointed under sub-section (1) of section 7. A………………… Petitioner(s) ................................
Form C Authority In Favour Of Legal Practitioner Or Any Official Of A Registered Trade Union
[Rule 5] I / We hereby authorize Shrimati/ Kumari………… a legal practitioner/an official of…….. which is a registered Trade Union to appear and act on my/our be...
Form D Register To Be Maintained By The Employer Under Rule 6 Of The Equal Remuneration Rules, 1976
[Rule 6] Name of the Establishment with full address…………………………………… Total number of workers employed……………………………………………. Total number of men workers employed………...
Central Advisory Committee On Equal Remuneration Rules, 1991
1 Short title and commencement
(1) These rules may be called the Central Advisory Committee on Equal Remuneration Rules, 1991. (2) They shall come into force on the date of their publicatio...
2 Definitions
(1) In these rules, unless the context otherwise requires,- (a) "Committee" means the Central Advisory Committee constituted by the Central Government under ...
3 Composition of the Committee
The Committee shall consist of not less than ten persons and not more than twenty persons excluding the Chairman, to be nominated by the Central Government, o...
4 Terms of office of members of the Committee
(1) Save as otherwise expressly provided in these rules, the term of office of a non-official member of the Committee shall be two years from the date of his ...
5 Allowances of members
(1) The traveling allowances of an official member shall be governed by the rules applicable to him for journey performed by him on official duties and shall ...
6 Cessation of membership
If any member of Committee not being an ex officio member of the Committee, fails to attend three consecutive meetings of the Committee, without obtaining the...
7 Disqualification for membership
(1) A person shall be disqualified for being nominated as, and for being, a member of the Committee if he- (i) is of unsound mind and stands so declared by a ...
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