The Equal Renumeration Rules, 1976
Published vide Notification Punjab Government Notification No. GSR 119(E), dated 11.3.1976
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CHAPTER I
Preliminary
- Short title and commencement.- These rules may be called the Equal Remuneration Rules, 1976.
- They shall come into force on the date of their publication in the Official Gazette.
- 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 appointed by the appropriate Government under sub-section (1) of Section 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 Act, 1926 (16 of 1926).
CHAPTER II
Complaints and Claims under the Act
- 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 made by, or on behalf of, or employed 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 registered Trade Union authorised in writing to appear and act on his or her behalf or by any Inspector appointed under Section 9 or by any other person acting with the permission of the Authority.
- 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 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 section 9 or by any other person acting with the permission of the Authority.
- Authorisation.- The authorisation 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 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
- Registers to be maintained by the employer.- Every employer shall maintain a register in relation to the workers employed by him in Form 'D'.
Form A (To be submitted in triplicate)
[See rule 3(1)]
Complaint under clause (a) sub-section (1) of section 7 of the Equal Remuneration Act, 1976 (25 of 1976).
To
The Authority appointed under sub-section (1) of section 7.
__________ (Address)
___________ Complaint(s) Full Address
versus
B ___________ Opposite Party Full Address
The Complainant(s) begs/beg to complaint 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 ground 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 annexures) 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 of the complainants
*I 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
Form B (To be submitted in triplicate)
[See rule 4(1)]
Claim under clause (b) of sub-section (1) of section 7 of the Equal Remuneration Act, 1976 (25 of 1976)
To
The Authority appointed under sub-section (1) of section 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 clause (c) of section 2 of the Equal Remuneration Act, 1976 (25 of 1976).
(3) the petitioner(s) was/were has/have not been paid wages at rate equal to those of workers of the opposite sex for the same work or work in 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 that that facts stated in this petition are true to the best of his/her/their knowledge, belief and information.
Signature(s)/thumb impression(s) of the Petitioner(s).
*I have been duly authorised in writing by _______________ [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
Form C
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 appear and act on my/our behalf, under sub-rule of rule 3/sub-rule (3) of rule 4 in respect of the complaint/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.
Station
Date
*Legal practitioner
Official of registered Trade Union.
Form D
[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 _______________
| Category of Workers | Brief description of work | No. of men employed | No. of women employed | Rate of remuneration paid |
| 1 | 2 | 3 | 4 | 5 |
| Components of remuneration | ||||
| Basic wages of salary | Dearness allowance | House rent allowance | Other allowances | Cash value of concessional supply of essential commodities |
| 6 | 7 | 8 | 9 | 10 |
