Section 5. Procedure for fixing and revising minimum wages.

(1) In fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either—

(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or

(b) by notification in the Official Gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration.

(2) After considering the advice of the committee or committees appointed under clause (a) of sub- section (1), or as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall, by notification in the Official Gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:

Provided that where the appropriate Government proposes to revise the minimum rates of wages by the mode specified in clause (b) of sub-section (1), the appropriate Government shall consult the Advisory Board also.]

STATE AMENDMENTS

Assam

In Section 5 of the said Act, at the end of Clause (a) of Sub-section (1), for the comma and the word “or” after the word “be”, a colon shall be substituted and the following proviso shall be added, namely:—

“Provided the committees and sub-committee as so appointed may advise the appropriate Government in respect of fixation of wages on interim measure after holding such preliminary enquiries as the committee or the sub-committee, as the case may be, considers necessary in this behalf and the appropriate Government after considering such advice may fix the wages pending the fixation of the minimum rate of wages as required under sub-section (2) or”.

[Vide Assam Act 19 of 1964, sec. 2 (w.e.f. 11-8-1964)].

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7of 1973, s. 3 and First Schedule; Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule; and Union territory of Goa, Damanand Diu by Notification No. G.S.R. 436, dated 16-4-1873, Gazette of India, Part II, sec. 3(i).This Act has been amended in Uttar Pradesh by U.P. Act 20 of 1960 (w.e.f. 1-1-1960), Bihar by Bihar Act 3 of 1961,Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23, for clause (a).
4. Subs. by Act 30 of 1957, s. 2, for “Central Government, by a railway administration” .
5. Subs. by the A.O. 1950, for “an Act of the Central Legislature”
6. Ins. by Act 61 of 1986, s. 23.
7. Subs. by Act 26 of 1954, s. 2, for“clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)”.

Page 4

1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A.O. 1950, for “Crown”.
3. Subs. by Act 26 of 1954, s.3, for sub-section (1).
4. Subs. by Act 31 of 1961, s. 2, for clause (a).

Page 5

1. Ins. by Act 30 of 1957, s. 3.
2. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.
3. Subs. by s. 2, ibid., for certain words.
4. Ins. by s. 2, ibid.

Page 6

1. Subs. by Act 30 of 1957, s. 3 for clause (b).

Page 7

1. Subs. by Act 30 of 1957, s. 4, for section 5.

Page 8

1. Subs. by Act 30 of 1957, s. 6, for “committees, sub-committees, advisory committees and the advisory sub-committeesappointed under sections 5 and 6”
2. The words “advisory committee, advisory sub-committees” omitted by s. 7, ibid.
3. Subs. by s. 8, ibid., for section 10.
4. The words and figures “or section 10” omitted by s. 9, ibid.

Page 9

1. Section 13 re-numbered as sub-section (1) of thereof by Act 30 of 1957, s. 10.
2. Ins. by s. 10, ibid.
3. Subs. by Act 26 of 1954, s. 4 for “section 47 of the Factories Act, 1934 (25 of 1934)”.

Page 10

1. Subs. by Act 30 of 1857, s. 11, for clause (d).
2. Ins. by s. 11, ibid.

Page 11

1. Subs. by Act 30 of 1957, s. 12, for “any Commissioner for Workmen’s Compensation or”.
2. Ins. by s. 12, ibid.
3. Subs. by s. 12, ibid., for certain words.
4. Subs. by s. 12, ibid., for sub-section (3) .

Page 12

1. Subs. by Act 30 of 1957, s. 13, for “A single application”.
2.Ins. by s. 13, ibid.
3. Subs. by s. 14, ibid., for section 22.

Page 15

1. Ins. by Act 30 of 1957, s. 15.
2. Ins. by Act 26 of 1954, s. 5.

Page 16

1 The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16.
2. Ins. by Act 31 of 1961, s. 3.
3. Section 30A re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).

Page 17

1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
2. Subs. by Act 31 of 1961, s. 4, for section 31.

Page 18

1. Subs. by Act 30 of 1957, s. 18, for item No. 7.
2. Ins. by notification No. S.O. 3760, dated 4th December, 1962.
3. Ins. by notification No. S.O. 3760, dated 30th October, 1962.
4. Ins. by notification No. S.O. 1987, dated 30th May, 1968.
5. Ins. by notification No. S.O. 586, dated 5th February, 1970.
6. Ins. by notification No. S.O. 795, dated 13th February, 1970.
7. Ins. by notification No. S.O. 796, dated 18th February, 1970.
8. Ins. by notification No. S.O. 2357, dated 1st July, 1970.
9. Ins. by notification No. S.O. 3896, dated the 3rd September, 1971.10. Ins. by notification No. S.O. 3898, dated 15th September, 1971.11. Ins. by notification No. S.O. 2972, dated 1st July, 1972.12. Ins. by notification No. S.O. 2973, dated 1st July, 1972.13. Ins. by notification No. S.O. 2974, dated 6th July, 1972.

Page 19

1. Ins. by notification No. S.O. 1587, dated 24th May, 1973.
2. Ins. by notification No. S.O. 2311, dated 3rd July, 1975.
3. Ins. by notification No. S.O. 4030, dated 4th February, 1976.
4. Ins. by notification No. S.O. 558, dated 29th January, 1977.
5. Ins. by notification No. S.O. 1823, dated 14th June, 1978.
6. Ins. by notification No. S.O. 2945, dated 22nd September, 1978.
7. Ins. by notification No. S.O. 2950, dated 25th September, 1978.
8. Ins. by notification No. S.O. 3248, dated 26th October, 1978.
9. Ins. by notification No. S.O. 3671, dated 7th December, 1978.10. Ins. by notification No. S.O. 1757, dated 16th June, 1980.11. Ins. by notification No. S.O. 2473, dated 3rd September, 1980.