: SYNOPSIS :

1) OBJECT OF THE ACT

2) DEFINITIONS UNDER THE ACT
3) PAYMENT OF REMUNERATION AT EQUAL RATES TO
MEN AND WOMEN WORKERS AND OTHER
MATTERS
4) OFFENCES AND PENALTIES
 OBJECT OF THE ACT

Article 39 of Constitution of India envisages that the State shall

direct its policy, among other things, towards securing that there
is equal pay for equal work for both men and women. To give
effect to the Constitutional provisions and also ensure the
enforcement of ILO Convention the Equal Remuneration Act,
1976 enacted by the Parliament.

The implementation of the Equal Remuneration Act, 1976 is

done at two levels. In Central Sphere the Act is being
implemented by the Central Government and in State Sphere,
the implementation rests with the State Governments.
Therefore, students should know the intricacies involved in the
Equal Remuneration Act, 1976.
The Equal Remuneration Act, 1976 provides for payment of
equal remuneration to men and women workers for same work
or work of similar nature without any discrimination and also
prevents discrimination against women employees while
making recruitment for the same work or work of similar
nature, or in any condition of service subsequent to
recruitment. The provisions of the Act have been extended to
all categories of employment. The Act extends to whole of
India.

The act is divided into 3 Chapters, 18 sections.

 DEFINITIONS UNDER THE ACT

Section 2 (a) “appropriate Government” means –

(i) in relation to any employment carried on by or under the authority of the Central
Government or a railway administration, or in relation to a banking company, a mine,
oilfield or major port or any corporation established by or under a Central Act, the
Central Government, and
(ii) in relation to any other employment, the State Government;

Section 2 (d) “man” and “woman” mean male and female human beings, respectively, of any
age;

Section 2 (g) “remuneration” means the basic wage or salary, and any additional emoluments
whatsoever payable, either in cash or in kind, to a person employed in respect of
employment or work done in such employment, if the terms of the contract of
employment, express or implied, were fulfilled;

Section 2 (h) “same work or work of a similar nature” means work in respect of which the
skill, effort and responsibility required are the same, when performed under similar
working conditions, by a man or a woman and the differences, if any, between the skill,
effort and responsibility required of a man and those required of a woman are not of
practical importance in relation to the terms and conditions of employment;
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS
AND OTHER MATTERS

Section 4 : Duty of employer to pay equal remuneration to men and

women workers for same work or work of a similar nature
• Equal Pay Requirement: Employers must pay male and female workers the
same salary for doing the same job or similar jobs. No worker should earn
less because of their gender.
• No Pay Reductions: Employers cannot lower anyone's pay to meet this
requirement.
• Adjustment of Pay Rates: If men and women were being paid differently
before this law started, the pay should be adjusted. The higher pay rate (or
the highest if there are more than two rates) will be the standard for both
genders going forward.
However, this change does not mean that anyone will receive back pay
for work done before this law took effect.
This law aims to ensure fair pay regardless of gender for similar work.
Section 5 : No discrimination to be made while recruiting men and women workers
On and from the commencement of this Act, employers cannot discriminate against
women in hiring for similar work or in conditions like promotions, training, or transfers,
unless the law specifically prohibits or restricts women from that work. This does not
affect any existing priorities or reservations for scheduled castes, scheduled tribes, ex-
servicemen, or retrenched employees during recruitment.

Section 6 : Advisory Committee

• To create more job opportunities for women, the government will set up one or more
Advisory Committees to give advice on how many women can work in specific jobs or
sectors.
• Each Advisory Committee will have at least ten members, with half of them being
women.
• When giving advice, the Committee will consider factors like how many women are
currently employed, the type of work, work hours, the suitability of women for those
jobs, the need for more job opportunities (including part-time work), and any other
relevant issues.
• The Committee can decide how to conduct its meetings and discussions.
• After reviewing the Committee's advice and allowing input from those affected, the
government can issue guidelines about employing women workers as it sees fit.
Section 7 : Power of appropriate Government to appoint authorities for hearing and deciding
claims and complaints
1. The government can appoint officials (at least at the level of Labour Officer) to handle
complaints and claims related to this Act, including issues like equal pay for men and women
for the same work. The government will also define the areas where these officials can
operate.
2. Complaints and claims must be made in a specific manner set by the government.
3. If there’s a question about whether two jobs are similar, the appointed authority will make
that decision.
4. When a complaint or claim is made, the authority will hear both sides (the worker and the
employer) and may decide to:
• Order payment to the worker if they were not paid equally.
• Instruct the employer to take steps to comply with the law.
5. These authorities have the same powers as Civil Courts, which include taking evidence and
calling witnesses.
6. If someone is unhappy with an authority's decision, they can appeal to another designated
authority within 30 days. This new authority can confirm, change, or reverse the original
decision, and no further appeals can be made.
7. If a person has a good reason for missing the appeal deadline, they may be allowed an
additional 30 days to file their appeal.
8. The recovery of any owed money due to a decision made by these authorities will follow the
rules set in the Industrial Disputes Act, 1947.
Section 8. Duty of employers to maintain registers. -- On and from the
commencement of this Act, every employer shall maintain such registers and other
documents in relation to the workers employed by him as may be prescribed.

Section 9. Inspectors :
1. The government can appoint Inspectors to check if employers are following this
Act and its rules. They will also define the areas where each Inspector can work.
2. Inspectors are considered public servants under Indian law.
3. Inspectors can do the following within their area:
• Enter any workplace, building, or vessel at reasonable times with help if
needed.
• Ask employers to show documents related to workers, like registers or pay
rolls, and examine them.
• Gather evidence from people to see if the Act is being followed.
• Question the employer or anyone in charge about the workplace or workers.
• Make copies or take notes from any documents required by the Act.
4. Anyone asked by an Inspector to provide documents or information must
comply.
Section 10 : Penalties
1. If an employer does not follow this Act after it starts, they may face penalties
for:
• Not keeping required registers or documents about their workers.
• Not providing registers or documents when asked.
• Not giving evidence or stopping others (like workers) from giving evidence.
• Not providing required information.
For these actions, the employer can be punished with up to one month in jail, a
fine of up to ten thousand rupees, or both.
2. If an employer:
• Hires in violation of this Act.
• Pays men and women differently for the same work.
• Discriminates between men and women workers.
• Fails to follow instructions from the government regarding employment.
They can be fined between ten thousand and twenty thousand rupees, face
three months to one year in jail for a first offence, and up to two years for repeat
offences.
3. Anyone who does not provide documents or information to an Inspector when
required may be fined up to five thousand rupees.
Section 11. Offences by companies. –
1. If a company commits an offence under this Act, any person in charge of the
company and responsible for its business at that time can also be held guilty. Both
the person and the company can be punished. However, a person won't be punished
if they can prove that they didn't know about the offence or that they took all
reasonable steps to prevent it.
2. If a company commits an offence under this Act, and it’s proven that a director,
manager, secretary, or other officer of the company allowed it to happen, was
involved, or neglected their duties, that person will also be considered guilty and
can be punished.

Section 12. Cognizance and trial of offences. –

(1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act except
upon—
(a) its own knowledge or upon a complaint made by the appropriate Government or
an officer authorized by it in this behalf; or
(b) a complaint made by the person aggrieved by the offence or by any recognized
welfare institution or organization.
 Power to make rules
The Central Government has the power to make regulations in order to protect the interest of the
employees. Section 13 of the act mentions the powers of the government to form policies and
regulate changes in the Act. The Houses of Parliament can implement changes by following due
procedure. The employers will have to comply with the norms, so provided.
Power of Central Government to give directions

Section 14 of the Act states that the Central Government has the power to direct the state
government as to the execution of the Act. The state government will have to comply with the
directions, so provided.

Exclusion of certain cases

Section 15 of the Act was amended by Equal Remuneration (Amendment) Act, 1987 which states,
“Nothing in this Act shall apply-
(a) to cases affecting the terms and conditions of a woman’s employment in complying with the
requirements of any law giving special treatment to women, or
(b) to any special treatment accorded to women in connection with-
(i) the birth or expected birth of a child, or
(ii) the terms and conditions relating to retirement, marriage or death or to any provision made in
connection with the retirement, marriage or death.”
The Act provided for all possible exclusions, which helps with the protection of interests of women
who require special treatment. This emanates the idea of equity and the spirit of protection of all
kinds of rights.
Power to make declaration
Section 16 of the Act states exemption from liability of employer in certain
circumstances.
The Act also provides for a situation where the employer has to discriminate on
the basis of any ground, but sex, will be exempted from any prosecution, if after
complete consideration of the case, the government deems it fit.
Power to remove difficulties

The Central Government has the power to make any order, which might be
inconsistent with the provisions of the Act, but are necessary for the circumstances
of that case. Such act must be necessary for the removal of such difficulty. The
implementation of the provisions must be carried out smoothly, without any
difficulties.

Repeal and saving

The Equal Remuneration Ordinance, 1975 (12 of 1975), which was the Act
governing, before the implementation of the present Act, stands repealed by the
effect of Section 18 of the current Act. The actions taken under the ordinance
which was repealed, will be deemed to be under the provisions of the present Act.
Mackinnon Mackenzie & Co. Ltd vs Audrey D'Costa & Anr, 1987 AIR 1281