THE EQUAL REMUNERATION RULES 1976
CONTENTS
Preliminary
1. Short title
and commencement
2. Definitions
Complaints and Claims under the Act
3.
Complaints regarding contravention of the Act
4. Claim regarding non-payment of wages etc.
Registers to be Maintained
6. Registers to be maintained by the employer
FORM A Complaint under Cl. (a) of sub-section (1) of Sec. 7
of the Equal Remuneration
Act, 1976 (25 of 1976)
FORM B Claim under Cl. (b) of sub-section (1,) of Sec. 7 of
the Equal Remuneration
Act, 1976 (25 of 1976)
FORM C Form of authority in favour of legal practitioner or
any official
of a registered Trade Union
FORM D Register to be maintained by employer under rule 6 of
the Equal
Remuneration Act, 1976
THE EQUAL REMUNERATION RULES, 19761
1. Vide
G,S.R. 119 (E), 11th March, 1976, published in the Gazette of India Extraordinary, Pt. II, Sec. 3 (i), dated 11th March, 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 the
authority appointed by the appropriate Government under sub-section (1) of Sec.
7;
(c) Form means a form
appended to these rules;
(d) Section means a section
of the Act;
(e) Registered Trade Union
means a Trade Union registered under the Trade Unions Act, 1926 (16 of 1926).
CHAPTER II
Complaints and Claims under the Act
3. Complaints regarding contravention of
the Act-
(1)
Every complaint under Cl. (a) of
sub- section (1) of Sec. 7 shall be made in triplicate, in Form A to the
Authority.
(2) A single complaint may be
made by, or on behalf of, or in relation to, a group of workers, if they are
employed in the same establishment and the complaint relates to the same contravention.
(3) A
complaint may be made by the worker himself or herself or by any legal
practitioner, or by any official of a registered trade union, authorised in
writing to appear and act on his or her behalf or by any Inspector, appointed
under Sec. 9 or by any other person acting with the Permission of the
Authority.
Interpretation. - Shall cannot be interpreted as may.1
1. Spedra
Engineering Corporation, Bhopal v. State of Madhya Pradesh, A.I.R.1988 M.P. 111
at p. 112 see also Sub-Committee of Judicial Accountability v. Union of India,
A.I.R. 1992 S.C. 320 at p. 352.
4. Claim
regarding non-payment of wages, etc.-
(1) Every claim under Cl. (b) of sub-section (1) of Sec. 7shall be made
triplicate, in Form in B to the Authority.
(2) A
single petition may be made by, or on behalf of, or in relation to, a
group of workers, if they are employed in the same establishment and their
claims are of the same nature.
(3) A
claim may be made by the worker himself or herself or by any legal practitioner, or by any
official of a registered trade union, authorised in writing to appear
and act on his or her behalf or by any Inspector appointed under Sec. 9 or by
any other person acting with the permission of the Authority.
5. Authorization. - The authorization referred to in sub-section (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 complaint or the claim, as the case may
be, is made along with such complaint or claim and shall form part of the
record.
CHAPTER III
Registers to be maintained
1[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 the workers are employed.]
Amendment. - An amendment of a substantive law is not retrospective unless expressly
laid down.2
Rules- Whether validly
framed. - The question whether rules are validly framed
to carry out the purposes of the Act can be determined on the analysis of the
provisions of the Act 3
1. Subs.
by S.O. 4095 dated 4th October, 1983.
2. Bhagat
Ram Sharma v. Union of India, A.I.R. 1988 S.C. 740 at p. 746.
3. Minerva
Talkies v. State of Karanataka, (1988) 1 S.C.J. 208 at P. 211-213; see also
Jarnel Singh, v. State of Rajasthan, A.I.R. 1992 Raj; 173.
(To be submitted in triplicate)
[See Rule 3 (1)]
Complaint under CJ. (a) of sub-section (1) of Ser- 7 of the Equal
Remuneration Act, 1976 (25 of 1976
To
The Authority
appointed under sub-section (1) of Sec. 7.
...............................................................(Address)
A
..Complainant
(s)
Full address
Versus
B
.
Opposite Party
Full address
The
complainant(s)begs/beg to complain that the opposite party has been guilty of a
contravention(s) of the provisions of the Equal Remuneration Act,1976 (25 of
1976) as shown below:
(Here set out briefly the particulars showing the manner in which the
alleged contravention(s) has/have taken place and the grounds supporting the
complaint.)
The complainant(s)
accordingly prays/pray that the Authority.
., may be pleased to decide the
complaint set out above and pass such order or orders thereon as it may deem
fit and proper.
The number of copies of the complaint (along with its annexure) as
required under sub-rule (1) of rule 3 of the Equal Remuneration Rules, 1976 are
submitted herewith.
The complainant(s) does/do solemnly declare
that the facts stated in this complaint are true to the best of his/her/their
knowledge, belief and information.
Signature(s)/thumb impression(s)
of the complainant(s )
*1I have been duly authorised in writing
by
.. [Here insert the name of the
worker(s)], to appear and act on his/her/their behalf.
Signature of the legal practitioner/
official of a
registered
Trade Union duly authorised
Station
.
Date
.
1. Strike
out this portion if inapplicable.
_________________________________________________________________________
To be submitted in triplicate)
[See Rule 4 (1)]
Claim under Cl. (b) of subsection (1) of Ser- 7 of
The Equal Remuneration
Act, 19 76 (25 of 19 76)
To
The Authority appointed
under sub-section (1) of Sec. 7.
....................................................................................
(Address
A
Petitioner
(S)
Full address
Versus
B
..Opposite
Party
..................................................................................Full
address
The
petitioner(s) above named states/state as follows:
(1) The petitioner(s)
was/were/is/are employed from to as (category) in (name of the establishment)
of Shri/Messrs
name of the employer and address).
(2) The opposite party is the
employer within the meaning of Cl. (c) of Sec. 2 of the Equal Remuneration Act,
1976 (25 of 1976).
(3) The petitioner(s)
was/were/has/have not been paid wages at rates equal to those of workers of the
opposite sex for the same work of a similar nature for the period from
to
(4) The
petitioner(s) was/were/has/have been paid wages at the rate of
.. Whereas
workers of the opposite sex for the same work or work of a similar nature were
paid /have been paid at the rate of during the said period.
(5) The petitioner(s) estimates/estimate the
value of relief sought by him/them at
Rs
.[Rupees..,
.
(in words)].
(6) The petitioner(s),
therefore, prays /pray that the Authority may be pleased to decide the claim
set out above and pass such order or orders thereon as it may deem fit and
proper.
(7) The
petitioner(s) begs /beg leave to amend or add to or make alterations in the
petition, if and when necessary, with the permission of the Authority
The petitioner(s) does /do solemnly declare that the facts stated in this
petition are true to the best of his/her [their knowledge, belief and
information.
Signature(s)/thumb-impressions(s)
of the
Petitioner(s)
I have been duly authorised in writing by 1[here insert the name of worker(s)] to appear
and act on his/her/their behalf.
Signature of the legal practitioner/
Official of a registered
Trade
Union duly authorised.
Station
.
Date
1. Strike out this portion
if inapplicable.
_________________________________________________________________________
[See Rule 51
Form of authority in favour of legal practitioner or any official of a
Registered Trade Union
I /We hereby authorise Shri/Shrimati /Kumari*
.... a legal practitioner/
an official of
which is a registered Trade Union to a Pear and act on
my/our behalf, under I sub-rule
(3) of Rule 3/sub-rule (3) of Rule 4 in respect of the 1complaint/claim against (mention name of
employer) on account of
(Mention violation of the Act).
Signature(s)/thumb-impression(s)
Of the worker(s)
Station
.
Date
Witness
..
(1)
(2)
(3)
I accept the
authorisation. 1Legal practitioner
Station
..
Official of a registered Trade Union.
Date
.
1. Strike
out whichever is inapplicable.
(See Rule 6)
Register to be maintained by The employer under Rule 6
of the Equal Remuneration Rules
1976
Name of the establishment with full
address
.
Total number of workers
employed
Total number of men workers employed
.
Total number of women workers
employed
..
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Components
of remuneration. |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Category
of workers |
Brief
Description of work |
No.
of women employed |
No.
of women employed |
Rate
of remuneration paid |
Basic
wage or salary |
Dearness
allowance |
House
rent allowance |
Other
allowances |
Cash
value of confessional supply of essential commodities |
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