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(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop
shall be such as may be prescribed.

(2) No apprentice shall be required or allowed to work overtime except with the approval of the
Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in
the interest of the training of the apprentice or in the public interest.

(3) An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are
observed in the establishment in which he is undergoing training

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(1) If any employer-

(a) engages as an apprentice a person who is not qualified for being so engaged, or

(b) fails to carry out the terms and conditions of a contract of apprenticeship, or

(c) contravenes the provisions of this Act relating to the number of apprentices which he is required to
engage under those provisions, he shall be publishable with imprisonment for a term which may extend to
six months or with fine or with both.

(2) If any employer or any other person-

(a) required to furnish any information or return-

(i) refuses or neglects to furnish such information or return, or

(ii) furnishes or causes to be furnished any information or return which is false and which he either knows
or believes to be false or does not believe to be true, or

(iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information
required to be furnished by him or

(b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other
person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central
or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry,
inspection, examination or inquiry authorised by or under this Act, or

(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or

(d) employs an apprentice on any work which is not connected with his training, or

(e) makes payment to an apprentice on the basis of piecework, or

(f) requires an apprentice to take part in any output bonus or incentive scheme,
he shall be punishable with imprisonment for a term which may extend to six months or with fine or with
both


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(1) The weekly hours of work of a trade apprentice while undergoing practical training shall be as follows,
namely:-

(a) The total number of hours per week shall be 42 to 48 hours (including the time spent on Related
Instruction).

(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the
time spent on Related Instruction.

(c) Trade apprentices during the second years of apprenticeship shall work for 42 to 48 hours per week
including the time spent on Related Instruction.

(d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same
number of hours per week as the workers in the trade in the establishment in which the trade apprentice
is undergoing apprenticeship training.

(2) No trade apprentice shall be engaged on such training between the hours of 10.00 p.m. to 6.00 a.m.
except with the prior approval of the Apprenticeship Adviser who shall give his approval if he is satisfied
that it is in the interest of the training of the trade apprentice or in public interest.

(3) Graduate, Technician and Technician (Vocational) Apprentices shall work according to the normal
hours of work of the department in the establishment to which they are attached for training.

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(1) (a) Every contractor shall in respect of each work on which he engages contract labour,-
(i) maintain a Muster Roll and a Register of Wages in Form XVI and Form XVII respectively:
Provided that a combined Register of Wages-cum-Muster Roll in Form XVIII shall be maintained by the
contractor where the wage period is a fortnight or less;

(ii) maintain a Register of Deductions for damage or loss, Register of Fines and register of Advances in
Form XX, Form XXI and Form XXII respectively;

(iii) maintain a Register of Overtime in Form XXIII recording therein the number of hours of, and wages
paid for, overtime works, if any.

(b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to
the workmen at least a day prior to the disbursement of wages.

(c) Every contractor shall obtain the signature or thumb - impression of the worker concerned against the
entries relating to him on the Register of Wages or Muster Roll-cum-Wages Register, as the case may be,
and the entries shall be authenticated by the initials of the contractor or his authorised representative and
shall also be duly certified by the authorised representative of the principal employer in the manner
provided in Rule 73.
(d) In respect of establishment which are governed by the Payment of Wages of Wages Act, 1936 (4 of
1936) and the rules made thereunder, of Minimum Wages Act, 1948 (11 of 1948) or the rules made
thereunder, the following registers and records required to be maintained by a contractor as employer
under those Acts and the rules made thereunder shall be deemed to be registers and records to be
maintained by the contractor under these rules, namely:-
(a) Muster Roll;
(b) Register of Wages;
(c) Register of Deductions;
(d) Register of Overtime;
(e) Register of Fines;
(f) Register of Advances;
(g) Wage slip.

(2) Notwithstanding anything contained in these rules. where a combined or alternative form is sought to
be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act
or the rules framed thereunder or any other laws or regulations or in cases where mechanised payrolls
are introduced for better administration, alternative suitable form or forms in lieu of any of the forms
prescribed under these rules, may be used with the previous approval of the Regional Labour
Commissioner (Central).

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(1) Subject to the provisions of this rule, an employee in a scheduled employment in respect of which
minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week
(hereinafter referred to as the 'rest day') which shall ordinarily be Sunday, but the employer may fix any
other day of the week as the rest day for any employee or class of employees in that scheduled
employment:
Provided that the employee has worked in the scheduled employment under the same employer for a
continuous period of not less than six days:
Provided further that the employee shall be informed of the day fixed as the rest day and of any
subsequent change in the rest day before the change is effected, by display of a notice to that effect in
the place of employment at the place specified by the Inspector in this behalf.
Explanation.- For the purpose of computation of the continuous period of not less than six days specified
in the first proviso to this sub-rule-
(a) any day on which an employee is required to attend for work but is given only an allowance for
attendance and is not provided with work,
(b) any day on which an employee is laid off on payment of compensation under the Industrial Disputes
Act, 1947, and
(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six
days immediately preceding the rest day,
shall be deemed to be days on which the employee has worked.

(2) Any such employee shall not be required or allowed to work in a scheduled employment on the rest
day unless he has or will have a substituted rest day for a whole day on one of the five days immediately
before or after the rest day:
Provided that no substitution shall be made which will result in the employee working for more than ten
days consecutively without a rest day for a whole day.
(3) Where in accordance with the foregoing provisions of this rule, any employee works on a rest day and
has been given a substituted rest day on any one of the five days before or after the rest day, the rest day
shall, for the purpose of calculating the weekly hours of work, be included in the week in which the
substituted rest day occurs.

(4) An employee shall be granted for the rest day wages calculated at the rate applicable to the next
preceding day and in case he works on the rest day and has been given a substituted rest day, he shall
be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted
rest day at the rate applicable to the next preceding day:
Provided that where the minimum daily rate of wages of the employee as notified under the Act has been
worked out by dividing the minimum monthly rate of wages by twenty-six, or where the actual daily rate of
wages of the employee has been worked out by dividing the monthly rate of wages by twenty-six and
such actual daily rate of wages is not less than the notified minimum daily rate of wages of the employee ,
no wages for the rest day shall be payable, and in case the employee works on the rest day and has
been given a substituted rest day, he shall be paid only for the rest day on which he worked, an amount
equal to the wages payable to him at the overtime rate; and if any dispute arises whether the daily rate of
wages has been worked out as aforesaid, the Chief Labour Commissioner may, on application made to
him in this behalf, decide the same, after giving an opportunity to the parties concerned to make written
representations:
Provided further that in the case of an employee governed by a piece rate scheme, the wages for the rest
day, or, as the case may be, the rest day, and the substituted rest day, shall be such as the Central
Government may, by notification in the Gazette of India, prescribe, having regard to the minimum rate of
wages fixed under the Act, in respect of the scheduled employment.
Explanation.- In this sub-rule 'next preceding day' means the last day on which the employee has worked,
which precedes the rest day or the substituted rest day, as the case may be; and where the substituted
rest day falls on a day immediately after the rest day, the next preceding day means the last day on which
the employee has worked, which precedes the rest day.

(5) The provisions of this rule shall apply to the employees in scheduled employments other than
agricultural employment.

(6) The provisions of this rule shall not operate to the prejudice of more favourable terms, if any, to which
an employee may be entitled under any other law or under the terms of any award, agreement or contract
of service, and in such a case, the employee shall be entitled only to the more favourable terms
aforesaid.
Explanation.- For the purposes of this rule, 'week' shall mean a period of seven days beginning at mid-
night on Saturday night.

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(1) The number of hours which shall constitute a normal working day shall be-
(a) in the case of an adult, 9 hours;
(b) in the case of a child, 4 1/2 hours.

(2) The working day of an adult worker shall be so arranged that inclusive of the intervals of rest, if any, it
shall not spread over more than twelve hours on any day.

(3) The number of hours of work in the case of an adolescent shall be the same as that of an adult or a
child accordingly as he is certified to work as an adult or a child by a competent medical practitioner
approved by the Central Government.

(4) The provisions of sub-rules (1) to (3) shall, in the case of workers in Agricultural employment, be
subject to such modifications as may, from time to time, be notified by the Central Government.

(4-A) No child shall be employed or permitted to work for more than 4 1/2 hours on any day.

(5) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).

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(1) When a worker works in an employment for more than nine hours on any day or for more than forty-
eight hours in any week, he shall, in respect of overtime work, be entitled to wages,-

(a) in the case of employment in agriculture , at one and a half times the ordinary rate of wages:

(b) in the case of any other scheduled employment, at double the ordinary rate of wages.

Explanation.- The expression "ordinary rate of wages" means the basic wage plus such allowances
including the cash equivalent of the advantages accruing through the concessional sale to the person
employed of food grains and other articles as the person employed is for the time being entitled to but
does not include a bonus.

(2) A register of overtime shall be maintained by every employer in Form IV in which entries under the
columns specified therein shall be made as and when overtime is worked in any establishment. The
register shall be kept at the workspot and maintained up-to-date. Where no overtime has been worked in
any wage- period, a 'nil' entry shall be made across the body of the register at the end of the wage period
indicating also in precise terms the wage period to which the 'nil' entry relates.

(3) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).

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(1) No child shall be required or permitted to work in any establishment in excess of such number of
hours as may be prescribed for such establishment or class of establishments.
(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no
child shall work for more than the hours before he has had an interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-
section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on
any day.
(4) No child shall be permitted or required to work between 7 p.m. and 8 a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in any establishment on any day on which he has
already been working in another establishment.
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Subject to the provisions of Section 51, no adult worker shall be required or allowed to work in a factory
for more than nine hours in any day :
Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified
in this section may be exceeded in order to facilitate the change of shifts.

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(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight
hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his
ordinary rate of wages.

(2) For the purposes of sub-section (1), 'ordinary rate of wages' means the basic wages plus such
allowance, including the cash equivalent of the advantage accruing through the concessional sale to
worker of foodgrains and other articles, as the worker is for the time being entitled to, but does not include
a bonus and wages for overtime work.

(3)Where any workers in a factory are paid on a piecerate basis, the time rate shall be deemed to be
equivalent to the daily average of their full time earnings for the days on which they actually worked on
the same or identical job during the month immediately preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those
workers :

Provided that in the case of a worker who has not worked in the immediately preceding calendar month
on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the
earnings of the worker for the days on which he actually worked in the week in which the overtime work
was done.

Explanation.- For the purposes of this sub-section, in computing the earnings for the days on which the
worker actually worked such allowances, including the cash equivalent of the advantage accruing through
the concessional sale to workers of foodgrains and other articles, as the worker is for the time being
entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period
with reference to which the earnings are being computed shall be excluded.

(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of
foodgrains and other articles shall be computed as often as may be prescribed on the basis of the
maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation 1.- "Standard family" means a family consisting of the worker, his or her spouse and two
children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2.- "Adult consumption unit" means the consumption unit of a male above the age of fourteen
years ; and the consumption unit of a female above the age of fourteen years and that of a child below
the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult
consumption unit.

(5) The State government may make rules prescribing-

(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to
worker of foodgrains and other article shall be computed ; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the
provisions of this section.

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(1) The State Government may make rules defining the persons who hold positions of supervision or
management or are employed in a confidential position in a factory or empowering the Chief Inspector to
declare any person, other than a person defined by such rules, as a person holding position of
supervision or management or employed in a confidential position in a factory if, in the opinion if the Chief
Inspector, such person holds such position or is so employed and the provisions of this Chapter, other
than the provisions of clause (b) of sub-section 66 and of the proviso to that sub-section, shall not apply
to any person so defined or declared :

Provided that any person do defined or declared shall, where the ordinary rate of wages of such person
does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act,
1936 (4 of 1936), as amended from time to time, be entitled to extra wages in respect of overtime work
under Section 59.

(2) The State Government may make rules in respect of adult workers in factories of adult workers in
factories providing for the exemption, to such extent and subject to such conditions as may be prescribed-

(a) of workers engaged on urgent repairs, from the provisions of Sections 51 ,52, 54, 55,and 56 ;
(b) of workers engaged in work in the nature of preparatory or complementary work which must
necessarily be carried on outside the limits laid down for the general working of the factory, from the
provisions of Sections 51,54,55 and 56 ;
(c) of workers engaged in work which is necessarily so intermittent that the intervals during which they do
not work while on duty ordinarily amount to more than the intervals for rest required by or under Section
55, from the provisions of Sections 51, 54, 55 and 56 ;
(d) of workers engaged in any work which for technical reasons must be carried on continuously from the
provisions of Sections 51, 52, 54, 55, and 56 ;
(e) of workers engaged in making or supplying articles of prime necessity which must be made or
supplied every day, from the provisions of Section 51 and Section 52 ;
(f) of workers engaged in a manufacturing process which cannot be carried on except during fixed
seasons, from the provisions of Section 51, Section 52 and Section 54 ;
(g) of workers engaged in a manufacturing process which cannot be carried on except at times
dependent on the irregular action of natural forces, from the provisions of Section 52 and 55 ;
(h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission
machinery, from the provisions of Section 51 and Section 52 ;
(i) of workers engaged in the printing of newspapers, who are held up on account of the breakdown of
machinery, from the provisions of Sections 51, 54 and 56.
Explanation.- In this clause the expression "newspapers" has the meaning assigned to it in the Press and
Registration of Books Act, 1867 (XXV of 1867) ;
(j) of workers engaged in the loading or unloading of railway wagons or lorries or trucks, from the
provisions of Sections 51, 52, 54, 55 and 56 ;
(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette, as
a work of national importance, from the provisions of Section 51, Section 52, Section 54, Section 55 and
Section 56.

(3) Rules made under sub-section (2) providing for any exemption may also provide for any consequential
exemption from the provisions of Section 61 which the State Government may deem to be expedient,
subject to such conditions as it may prescribe.

(4) In making rules under this section, the State Government shall not exceed,except in respect of
exemption under clause (a) of
sub-section (2), following limits of work inclusive of overtime:-
(i) the total number of hours of work in any day shall not exceed ten ;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in any one day :
Provided that the State Government may, in respect of any or all of the categories of workers referred to
in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions
subject to which, the restrictions imposed by clause (1) and clause (ii) shall not apply in order to enable a
shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to
report for duty ;
(iii) the total number of hours of work in a week, including overtime, shall not exceed sixty ;]
(iv) the total number of hours of overtime shall not exceed fifty for any one quarter.

Explanation.- "Quarter" means a period of three consecutive months beginning on the 1st of January, the
1st of April, the 1st of July or the 1st of October.
(5) Rules made under this section shall remain in force for not more than five years.

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(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other
circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or
class or description of factories should be fixed beforehand, it may, by written order, relax or modify the
provisions of Section 61 in respect of such workers therein, to such extent and in such manner as it may
think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.

(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may by
written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers
in any factory or group or class or description of factories from any or all of the provisions of sections 51,
52, 54, and 56 on the ground that the exemption is required to enable the factory or factories to deal with
an exceptional press of work.

(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely-
(i) the total number of hours of work in any day shall not exceed twelve ;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed thirteen hours in any one day ;
(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty ;
(iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total
number of hours of over time work in any quarter shall not exceed seventy-five.
Explanation.- In this sub-section "quarter" has the same meaning as in sub-section (4).
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(1) For the leave allowed to him under Section 78 or Section 79, as the case may be, a worker shall be
entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which
he actually worked during the month immediately preceding his leave, exclusive of any overtime and
bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the
concessional sale to the worker of foodgrains and other articles:

Provided that in the case of a worker who has not worked on any day during the calendar month
immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time
earnings for the days on which he actually worked during the last calendar month preceding his leave, in
which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and
the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains
and other articles.

(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of
foodgrains and other articles shall be computed as often as may be prescribed on the basis of the
maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation 1.- "Standard family" means a family consisting of a worker, his or her spouse and two
children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2.- "Adult consumption unit" means the consumption unit of a male above the age of fourteen
years ; and the consumption unit of a female above the age of fourteen years and that of a child below
the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult
consumption unit.

(3) The State Government may make rules prescribing-

(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a
worker of foodgrains and other articles shall be computed ; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the
provisions of this section.

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(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the
Director General of Health Services, to the Government of India, or such other officer as may be
authorised in this behalf by the State Government or the Chief Inspector or the Director General of
Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time
during the normal working hours of a factory, or at any other time as is found by him to be necessary,
after giving notice in writing to the occupier or manager of the factory or any other person who for the time
being purports to be in charge of the factory, undertake safety and occupational health surveys and such
occupier or manager or other person shall afford all facilities for such survey, including facilities for the
examination and testing of plant and machinery and collection of samples and other data relevant to the
survey.

(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the
person conducting the survey, present himself to undergo such medical examination as may be
considered necessary by such person and furnish all information in his possession and relevant to the
survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-
section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to
be time during which such worker worked in the factory.

Explanation.- For the purposes of this section, the report, if any, submitted to the State Government by
the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an
Inspector under this Act.

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(1) The appropriate Government shall, in the manner hereinafter provided, -
(a) fix the minimum rates of wages payable to employees employed in an employment specified in Part I
or Part II of the Schedule and in an employment added to either Part by notification under Section 27:
Provided that the appropriate Government may, in respect of employees employed in an employment
specified in Part II of the Schedule, instead of fixing minimum rates of wages under this clause for the
whole State, fix such rates for a part of the State or for any specified class or classes of such employment
in the whole State or part thereof;
(b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates
of wages so fixed and revise the minimum rates, if necessary :
Provided that where for any reason the appropriate Government has not reviewed the minimum rates of
wages fixed by it in respect of any scheduled employment within any interval of five years, nothing
contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry
of the said period of five years and revising them, if necessary, and until they are so revised the minimum
rates in force immediately before the expiry of the said period of five years shall continue in force.
(1-A) Notwithstanding anything contained in sub-section (1), the appropriate Government may refrain
from fixing minimum rates of wages in respect of any Scheduled employment in which there are in the
whole State less than one thousand employees engaged in such employment, but if at any time the
appropriate Government comes to a finding after such inquiry as it may make or cause to be made in this
behalf that the number of employees in any scheduled employment in respect of which it has refrained
from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of
wages payable to employees in such employment as soon as may be after such finding.
(2) The appropriate Government may fix-
(a) a minimum rate of wages for time work (hereinafter referred to as "a minimum time rate");
(b) a minimum rate of wages for piece work (hereinafter referred to as "a minimum piece rate");
(c) a minimum rate of remuneration to apply in the case of employees employed on piece work for the
purpose of securing to such employees a minimum rate of wages on a time work basis (hereinafter
referred to as "a guaranteed time rate");
(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution for the minimum rate
which would otherwise be applicable, in respect of overtime work done by employees (hereinafter
referred to as "overtime rate" ).
(2-A) Where in respect of an industrial dispute relating to the rates of wages payable to any of the
employees employed in a scheduled employment, any proceeding is pending before a Tribunal or
National Tribunal under the Industrial Disputes Act, 1947 or before any like authority under any other law
for the time being in force, or an award made by any Tribunal, National Tribunal or such authority is in
operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled
employment is issued during the pendency of such proceeding or the operation of the award, then,
notwithstanding anything contained in this Act, the minimum rates of wages so fixed or so revised shall
not apply to those employees during the period in which the proceeding is pending and the award made
therein is in operation or, as the case may be, where the notification is issued during the period of
operation of an award, during that period; and where such proceeding or award relates to the rates of
wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be
fixed or revised in respect of that employment during the said period.
(3)In fixing or revising minimum rates of wages under this section,-
(a) different minimum rates of wages may be fixed for-
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
(iv) different localities;
(b) minimum rates of wages may be fixed by any one or more of the following wage-periods, namely:
(i) by the hour,
(ii) by the day,
(iii) by the month, or
(iv) by such other larger wage-period as may be prescribed;
and where such rates are fixed by the day or by the month, the manner of calculating wages for a month
or for a day, as the case may be, may be indicated :
Provided that where any wage-periods have been fixed under Section 4 of the Payment of Wages Act,
1936 (4 of 1936), minimum wages shall be fixed in accordance therewith.

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(1) In regard to any scheduled employment minimum rates of wages in respect of which have been fixed
under this Act, the appropriate Government may-
(a) fix the number of hours of work which shall constitute a normal working day, inclusive of one or more
specified intervals;
(b) provide for a day of rest in every period of seven days which shall be allowed to all employees or to
any specified class of employees and for the payment of remuneration in respect of such day of rest ;
(c) provide for payment for work on a day of rest at a rate not less than the overtime rate.
(2) The provisions of sub-section (1) shall, in relation to the following classes of employees, apply only to
such extent and subject to such conditions as may be prescribed:-
(a) employees engaged on urgent work, or in any emergency which could not have been foreseen or
prevented;
(b) employees engaged in work in the nature of preparatory or complementary work which must
necessarily be carried on outside the limits laid down for the general working in the employment
concerned;
(c) employees whose employment is essentially intermittent;
(d) employees engaged in any work which for technical reasons has to be completed before the duty is
over;
(e) employees engaged in a work which could not be carried on except at times dependent on the
irregular action of natural forces.
(3) For the purposes of clause (c) of sub-section (2), employment of an employee is essentially
intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours
of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty,
normally include periods of inaction during which the employee may be on duty but is not called upon to
display physical activity or sustained attention.


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(1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or
by such a longer wage period as may be prescribed, works on any day in excess of the number of hours
constituting a normal working day, 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.
(2) Nothing in this Act shall prejudice the operation of the provisions of Section 59 of the Factories Act,
1948 (63 of 1948) in any case where those provisions are applicable.

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(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered
continuous service for not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease :

Provided that the completion of continuous service of five years shall not be necessary where the
termination of the employment of any employee is due to death or disablement :

Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his
nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a
minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same
for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such
minor attains majority.

Explanation.- For the purposes of this section, disablement means such disablement as incapacitates an
employee for the work which he was capable of performing before the accident or disease resulting in
such disablement.

(2) For every completed year of service or part thereof in excess of six months, the employer shall pay
gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the
employee concerned :

Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the
total wages received by him for a period of three months immediately preceding the termination of his
employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account :

Provided further that in the case of an employee who is employed in a seasonal establishment and who is
not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages
for each season.

Explanation.- In the case of a monthly rated employee, the fifteen days' wages shall be calculated by
dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen.

(3) The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand
rupees.

(4) For the purpose of computing the gratuity payable to an employee who is employed, after his
disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be
the wages received by him during that period, and his wages for the period subsequent to his
disablement shall be taken to be the wages as so reduced.

(5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under
any award or agreement or contract with the employer.

(6) Notwithstanding anything contained in sub-section (1),-

(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or
negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be
forfeited to the extent of the damage or loss so caused;
(b) the gratuity payable to an employee may be wholly or partially forfeited-
(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any
other act of violence on his part, or
(ii) if the services of such employee have been terminated for any act which constitutes an offence
involving moral turpitude, provided that such offence is committed by him in the course of his employment

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(1) Save as otherwise expressly provided in this Act, no adult worker shall be required or allowed to work
on any plantation in excess of forty-eight hours a week and no adolescent or child for more than twenty-
seven hours a week.

(2) Where an adult worker works in any plantation on any day in excess of the number of hours
constituting a normal working day or for more than forty-eight hours in any week, he shall, in respect of
such overtime work, be entitled to twice the rates of ordinary wages :
Provided that no such worker shall be allowed to work for more than nine hours on any day and more
than fifty-four hours in any week.

(3) For any work done on any closed holiday in the plantation or on any day of rest, a worker shall be
entitled to twice the rates of ordinary wages as in the case of overtime work.

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(1) The State Government may by rules made in this behalf-
(a) provide for a day of rest in every period of seven days which shall be allowed to all workers;
(b) provide for the conditions subject to which, and the circumstances in which, an adult worker may be
required or allowed to work overtime.
(2) Notwithstanding anything contained in clause (a) of sub-section (1) where a worker is willing to work
on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall
prevent him from doing so :

Provided that in so doing a worker does not work for more than ten days consecutively without a holiday
for a whole day intervening.

Explanation 1 - Where on any day a worker has been prevented from working in any plantation by reason
of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest
for the relevant period of seven days within the meaning of sub-section (1).

Explanation 2 : Nothing contained in this section shall apply to any worker whose total period of
employment including any day spent on leave is less than six days.

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(1) For the leave allowed to a worker under Section 30, he shall be paid,-
(a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately
before the commencement of such leave under any law or under the terms of any award, agreement or
contract of service, and
(b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly
on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over
the preceding twelve calendar months.

Explanation.- For the purposes of clause (b) of sub-section (1), the average daily wage shall be computed
on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any
overtime earnings or bonus, if any, but inclusive of dearness allowance.

(1-A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall
also be paid the cash value of food and other concessions, if any, allowed to him by the employer in
addition to his daily wages unless these concessions are continued during the leave period.

(2) A worker who has been allowed leave for any period not less than four days in the case of an adult
and five days in the case of a young person under Section 30 shall, before his leave begins, be paid his
wages for the period of the leave allowed.

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When a working journalist works for more than six hours on any day in the case of a day shift and more
than five and-half hours in the case of a night shift lie shall, in respect of that overtime work, be
compensated in the form of hours of rest equal in number to the hours for which he has worked overtime
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(1) The Chief Inspector or an Inspector or other officer authorised by him in writing in this behalf may, at
any time during the normal working hours of the mine or at any time by day or night as may be necessary,
undertake safety and occupational health survey in a mine after giving notice in writing to the manager of
the mine ; and the owner, agent or manager of the mine shall afford all necessary facilities (including
facilities for the examination and testing of plant and machinery, for the collection of samples and other
data pertaining to the survey and for the transport and examination of any person employed in the mine
chosen for the survey) to such Inspector or officer.

(2) Every person employed in a mine who is chosen for examination in any safety and occupational
health survey under sub-section (1) shall present himself for such examination and at such place as may
be necessary and shall furnish all information regarding his work and health in connection with the said
survey.

(3) The time spent by any person employed in a mine who is chosen for examination in the safety and
occupational health survey, shall be counted towards his working time, so however that any overtime
shall be paid at the ordinary rate of wages.

Explanation.- For the purposes of this sub-section, "ordinary rate of wages" means the basic wages plus
any dearness allowance and underground allowance and compensation in cash including such
compensation, if any, accruing through the free issue of foodgrains and edible oils as persons employed
in a mine may, for the time being, be entitled to, but does not include a bonus (other than a bonus given
as incentive for production) or any compensation accruing through the provision of amenities such as free
housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kerosene
oil, baskets, tools and uniforms.

(4) Any person who, on examination under sub-section (2), is found medically unfit to discharge the duty
which he was discharging in a mine immediately before such presentation shall be entitled to undergo
medical treatment at the cost of the owner, agent and manager with full wages during the period of such
treatment.

(5) If, after the medical treatment, the person referred to in sub-section (4) is declared medically unfit to
discharge the duty which he was discharging in a mine immediately before presenting himself for the said
examination and such unfitness is directly ascribable to his employment in the mine before such
presentation, the owner, agent and manager shall provide such person with an alternative employment in
the mine for which he is medically fit :

Provided that where no such alternative employment is immediately available, such person shall be paid
by the owner, agent and manager disability allowance determined in accordance with the rates prescribed
in this behalf :

Provided further that where such person decides to leave his employment in the mine, he shall be paid by
the owner, agent and manager a lump sum amount by way of disability compensation determined in
accordance with the rates prescribed in this behalf.

(6) The rates under the provisos to sub-section (5) shall be determined having regard to the monthly
wages of the employees, the nature of disabilities and other related factors

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(1) Where in a mine a person works above ground for more than nine hours in any day or works below
ground for more than eight hours in any day, or works for more than forty-eight hours in any week
whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at
the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis
or weekly basis, whichever is more favourable to him.

(2) Where any person employed in a mine is paid on piece-rate basis, the time-rate shall be taken as
equivalent to the daily average of his full-time earnings for the days on which he actually worked during
the week immediately preceding the week in which overtime work has been done, exclusive of any
overtime, and such time-rate shall be deemed to be the ordinary rate of wages of such person :

Provided that if such person has not worked in the preceding week on the same or identical job, the time-
rate shall be based on the average for the days he has worked in the same week excluding the overtime
or on the daily average of his earnings in any preceding week, whichever is higher.

Explanation.- For the purposes of this section, "ordinary rate of wages" shall have the same meaning as
in the Explanation to sub-section (3) of Section 9-A.

(3) ***

(4) The Central Government may prescribe the registers to be maintained in a mine for the purpose of
securing compliance with the provisions of this section.

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Save in respect of cases falling within clause (a) and clause (e) of Section 39, no person employed in a
mine shall be required or allowed to work in the mine for more than ten hours in any day inclusive of
overtime.

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For the leave allowed to a person employed in a mine under Section 52, he shall be paid at a rate equal
to the daily average of his total full-time earnings for the days on which he was employed during the
month immediately preceding his leave, exclusive of any overtime wages and bonus but inclusive of any
dearness allowance and compensation in cash including such compensation, if any, accruing through the
free issue of foodgrains and other articles as persons employed in the mine may, for the time being, be
entitled to :

Provided that if no such average earnings are available, then the average shall be computed on the basis
of the daily average of the total full-time earnings of all persons similarly employed for the same month