The M.P. Minimum Wages Fixation Act, 1962

M.P. Act No. 16 of 1962

mp440

[Dated 4th August, 1962]Received the assent of the President on 4-8-1962, assent first published in the Madhya Pradesh Gazette (Extraordinary) on 5-8-1962.An Act to fix the minimum rates of wages in certain scheduled employments and to provide for certain other matters connected therewith.Be it enacted by the Madhya Pradesh Legislature in the Thirteenth Year of the Republic of India as follows :-1. Short title. - This Act may be called the Madhya Pradesh Minimum Wages Fixation Act, 1962.2. Definition. - The expressions used in this Act and defined in the Minimum Wages Act, 1948 (XI of 1948), in its application to the State of Madhya Pradesh shall have the meanings assigned to them in the said Act.3. Fixation of minimum wages in respect of certain scheduled employments. - Notwithstanding anything contained in Section 5 of the Minimum Wages Act, 1948 (XI of 1948), in its application to the State of Madhya Pradesh (hereinafter referred to as the said Act) or any other provision contained therein relating to the fixation or revision of minimum rates of wages in scheduled employments and any judgement, decree or order of any Court to the contrary, the minimum rates of wages in respect of employments in items 2, 3, 5, 6, 7, 8 and 11 in Part I and in respect of employment in Part II of the Schedule to the said Act shall be and shall always, in respect of each such employment, be deemed to be as specified in Table appended hereto and it is hereby enacted that the said minimum rates of wages shall be payable by the employer in the said scheduled employments and be enforceable against him with effect from the 1st January, 1959 as if the provisions herein contained have been in force at all material times.4. Certain provisions of Minimum Wages Act, 1948 as in force in the State to apply to rates specified in Section 3. - The provisions of Section 4-A, Section 5, in so tar as they relate to revision of minimum rates of wages, and of Sections 12 to 30-A of the said Act, and the rules made thereunder shall apply to minimum rates of wages specified in Section 3 as they apply to minimum rates of wages in respect of scheduled employments fixed in accordance with the said Act:Provided that with respect to claims arising out of payment of minimum rates of wages specified in Section 3 pertaining to a period prior to the publication of the Madhya Pradesh Minimum Wages Fixation Ordinance, 1962 (4 of 1962) in the Gazette, the period of one year referred to in the first proviso to sub-section (2) of Section 20 of the said Act shall be counted with effect from the 21st June, 1962, the date of publication of the said Ordinance in the Gazette.5. Repeal. - The Madhya Pradesh Minimum Wages Fixation Ordinance, 1962 (No. 4 of 1962) is hereby repealed.

Table

(See Section 3)

Rates of Minimum Wages

For the following employments in Part I of the Schedule to the Minimum Wages Act, 1948.

Employment in any Rice Mill, Flour Mill or Dal Mill

(Scheduled Employment No. 2)

Employment in any Oil Mill

(Scheduled Employment No. 5)

Employment under any Local Authority

(Scheduled Employment No. 6)

Category of employees	Area 'A'	Area 'B'	Area 'C'	Area 'D'	Basis of payment of rates of wages.
	In the following places including an area of five miles from corporation or municipal limits-	The following places including an area of two miles from municipal limits-	All other places not included in 'A' and 'B' but having a population of 5,000 and above.	All other places not included in 'A', 'B' anc 'C'.
	Bhilai, Bhopal, Burhanpur, Durg, Gwalior, Indore, Jabalpur, Raipur, Ratlam, Sagar and Ujjain.	Bilaspur, Chhindwara, Damoh, Datia, Dewas, Dhar, Guna, Itarsi, Jaora, Khandwa, Khargone, Kandsaur, Mhow, Kurwara, Raigarh, Rajnandgaon, Rewa, Satna, Sehore, Seoni and Shivpuri.		All other places not included in 'A', 'B' anc 'C'.
(1)	(2)	(3)	(4)	(5)	(6)
	Rs.	Rs.	Rs.	Rs.
Clerical	75.00	60.00	50.00	45.00	Per month
Skilled	3.50	3.25	3.00	2.75	Per day
Semi-skilled	2.75	2.50	2.25	2.00	Per day
Unskilled -
Male	1.75	1.50	1.27	1.25	Per day
Female	1.50	1.25	1.12	1.00	Per day
Child	1.25	1.12	1.00	0.87	Per day

Notes. - (1) The above rates of wages include the remuneration in respect of the day of rest contemplated under clause (b) of sub-section (1) of Section 13 of the Minimum Wages Act, 1948.

(2) These rates of wages will not operate to the prejudice of any employee's rates of wages immediately prevailing before the coming into force of these rates and no employer can reduce the rates of wages on the plea that these rates of wages are less than the rates of wages already being paid.

Employment in any tobacco (including bidi making) manufactory

(Scheduled Employment No. 3)

Category of employees	Area 'A'	Area 'B'	Area 'C'	Area 'D'	Basis of payment of rates of minimum wages.
	The following places including an area of 10 miles from Corporation or Municipal limits-	The following places including an area of five miles from municipal limits where there is a municipality or office of Janapad Sabha-	All other places not included in 'A' and 'B' but having population exceeding 5,000 and above.	All other places not covered by 'A', 'B' and 'C'.
	Jabalpur, Sagar, Bhilai, Raipur, Durg, Indore, Ujjain, Ratlam, Burhanpur, Gwalior, Bhopal.	Damoh, Katni, Murwara, Sehora Riad, Chhindwara, Narsinghpur, Gadarwara, Gotegaon, Balaghat, Waraseoni, Satna, Seoni, Rewa, Rajanandgaon, Bilaspur, Raigarh, Dewas, Dhar, Mandsaur, Sanavad, Guna, Itarsi, Jaora, Khandwa, Khargone, Mhow, Datia, Sehore, Shivpuri, Harda, Katangi.		All other places not covered by 'A', 'B' and 'C'.
(1)	(2)	(3)	(4)	(5)	(6)
	Rs.	Rs.	Rs.	Rs.
1. Bidi-Roller	1.62	1.56	1.50	1.44	For 1,000 bidis
2. Bidi-sorter and Checker	75.00	70.00	65.00	60.00	Per month
3. Bundle Wraper and Packer	65.00	60.00	55.00	50.00	Per month
4. Bhattiwala	50.00	45.00	40.00	35.00	Per month

Notes and Explanations. - (1) The rates of minimum wages given above include the remuneration in respect of the day of rest as contemplated under clause (b) of sub-section (1) of Section 13 of the Minimum Wages Act, 1948.

(2) No deduction shall be made by the employer on account of supply of raw materials all of which have to be supplied by him free of cost to the bidi maker.

(3) These rates of wages shall not in any way operate to the prejudice of any employee. If the prevailing rates before coming into force of these rates are higher than these rates, the same shall be continued to be paid as if they have been so fixed as minimum wages and no employer can reduce them.

Employment on construction or maintenance of roads or in building operations

(Scheduled Employment No. 7)

Employment in stone breaking or stone crushing

(Scheduled Employment No. 8).

Category of employees	Area 'A'	Area 'B'	Area 'C'	Area 'D'	Basis of payment of rates of minimum wages.
	In the following places including an area of five miles from corporation or municipal limits-	The following places including an area of two miles from municipal limits-	All other places not included in 'A' and 'B' but having a population of 5,000 and above.	All other places not included in 'A', 'B' and 'C'.
	Bhilai, Bhopal, Burhanpur, Durg, Gwalior, Indore, Jabalpur, Raipur, Ratlam, Sagar and Ujjain.	Bilaspur, Chhindwara, Damoh, Datia, Dewas, Dhar, Guna, ttarsi, Jaora, Khandwa, Khargone, Mandsaur, Mhow, Murwara, Raigarh, Fiajnandgaon, Rewa, Satna, Sehore, Seoni and Shivpuri.		All other places not included in 'A', 'B' and 'C'.
(1)	(2)	(3)	(4)	(5)	(6)
	Rs.	Rs.	Rs.	Rs.
Clerical	75.00	60.00	50.00	45.00	Per month
Skilled	3.50	3.25	3.00	2.75	Per day
Semi-skilled	2.75	2.50	2.25	2.00	Per day
Unskilled -
Male	1.75	1.50	1.27	1.25	Per day
Female	1.50	1.25	1.12	1.00	Per day
Child	1.25	1.12	1.00	0.87	Per day

Remarks. - In Madhya Bharat region in urban areas, Le. within limits of every municipality the minimum rates of wages shall not be less than Rs. 3.50 per day in case of skilled employees, Rs. 2.50 in case of semi-skilled employees and Rs. 1.50 in case of unskilled employees.

Notes. - (1) The above rates of wages include the remuneration in respect of the day of rest contemplated under clause (b) of sub-section (1) of Section 13 of the Minimum Wages Act, 1948.

(2) These rates of wages will not operate to the prejudice of any employee's rates of wages immediately prevailing before coming into force of these rates and no employer can reduce the rates of wages on the plea that these rates of wages are less than the rates of wages already being paid.

Employment in Public Motor Transport

(Scheduled Employment No. 11)

Category of employees	Minimum rate of wages	Basis of the payment of rates of wages	Remarks
(1)	(2)	(3)	(4)
	Rs.
Driver	90.00	per month.	These rates are inclusive of mileage allowance but not other allowances, provided that the rate of mileage allowance shall not be less than 1 np, per mile and that in any of the calendar month the wage paid, exclusive of all allowances, I.e., exclusive of mileage allowance also but including dearness allowance shall not be less than Rs. 75 in case of Drivers and not less than Rs. 65 in case of Conductors.
Conductors	80.00	per month.
Mechanic	100.00	per month	These rates are inclusive of dearness allowance but are exclusive of other allowances.
Clearner	60.00	per month.
Unskilled	50	per month.

Note. - These rates of wages will not operate to the prejudice of any employee's rates of wages immediately prevailing before the coming into force of these rates and no employer can reduce the rates of wages on the plea that these rates of wages are less than the rates of wages already being paid.

Employment in Agriculture

(Scheduled Employment No. 1- Part II)

Class of employees	Zone I	Zone II	Zone III
(1)	(2)	(3)	(4)
	Rs.	Rs.	Rs.
Casual employees-
Adult male	1.35 per day	1.15 per day	0.90 per day.
Adult female	1.15 per day	0.90 per day	0.75 per day.
Adult employees on a monthly contract for a period of one month or more.	30.00 per month	25.00 per month	20.00 per month.

Explanation. - (1) Zone I shall comprise of the areas included within the municipal limits of a corporation or a municipality with a population of 50,()00 and above and the places within 5 miles from the limits of such corporation or municipality.(2) Zone II shall comprise of all places not included in Zone I but included within municipal limits of a municipality or a notified area with a population of 5,000 and above and the places within 5 miles from the limits of such municipality or notified area.(3) Zone III shall comprise of all places not included in Zones I and II.

Notes. - (a) The minimum rates of wages payable to a child shall be 50 per cent of the minimum rates of wages fixed for adults.

(b) The money value of customary perquisites, if any, shall not count in computation of the minimum wages paid to an employee.

(c) These rates of wages shall not operate to the prejudice of the rates of wages immediately prevailing before coming into force of those rates in any place and no employer can reduce the rates of wages (including the customary perquisites) in any place on the plea that these rates of wages are less than the rates of wages already being paid.