The Equal Remuneration Act, 1976 - Simplified for MCQs

1. Introduction
 Purpose: Ensures equal pay for men and women and prevents
gender-based discrimination in employment.
 Based on:
o Article 39 of the Indian Constitution (Equal pay for equal work
for both men and women).
o ILO Convention No. 100 on Equal Remuneration.
 Enactment Date: 11 February 1976
 Enforcement Date: 8 March 1976
 Initial Application: Started with the Plantation Labour Act, 1951,
then extended to local authorities, government jobs, hospitals, and
other employments.

2. Structure of the Act

 Total Chapters: 3
 Total Sections: 18
 No Schedules
 Chapter-Wise Breakdown:
Chapt Section
Content
er s
I Preliminary 1 to 3
Equal pay and other
II 4 to 7
matters
III Miscellaneous 8 to 18

3. Key Definitions (Sec. 2)

 Appropriate Government:
o Central Government: Employment under Central authority,
railways, banks, mines, oilfields, ports, or Central
corporations.
o State Government: All other employments.
 Employer: Defined as per the Payment of Gratuity Act, 1972.
 Remuneration: Includes basic wage/salary plus any additional
benefits (cash or kind).
 Man and Woman: Refers to male and female human beings of any
age.
 Same Work or Work of Similar Nature:
o Requires same skill, effort, and responsibility under similar
conditions for men and women.
o Minor differences should not affect the terms of employment.
 Worker:
o Any worker in an establishment where the Act is in force.
 Undefined Terms:
o Terms not defined in this Act should be understood as per the
Industrial Disputes Act, 1947.

4. Overriding Effect (Sec. 3)

 Supremacy of the Act:
o Prevails over all other laws, agreements, awards, or contracts
that contradict its provisions, whether made before or after its
commencement.
5. 1. Key Provisions of Chapter II
 Purpose: Ensures equal pay for men and women without
discrimination in recruitment, promotions, training, or transfers.
 Advisory Committees: To enhance employment opportunities for
women.
 Authorities: Appointed to address complaints and claims about wage
disparities, with Civil Court powers.

6. Duty of Employers (Sec. 4 and 5)

a. Equal Pay for Equal Work (Sec. 4)
 Mandate:
o Employers must pay equal remuneration to men and women for
the same or similar work.
o Wages include payments in cash or kind.
 No Wage Reduction:
o Employers cannot reduce wages to comply with this rule.
 Pre-Act Disparities:
o If different pay rates existed before the Act, the higher or highest
rate applies from the Act's commencement.
o No back pay can be claimed for periods before the Act.

b. No Discrimination in Recruitment (Sec. 5)

 Recruitment Rules:
o No gender-based discrimination in hiring for the same or similar
work.
 Conditions:
o Exceptions: Allowed only if laws prohibit or restrict women’s
employment in specific roles.
o Reservations Not Affected: Provisions for SC/ST, ex-
servicemen, or retrenched employees remain unaffected.

7. Advisory Committee (Sec. 6)

a. Purpose:
 Advise the government on enhancing women’s employment in
specified sectors.
b. Composition:
 Minimum Members: 10 persons nominated by the appropriate
Government.
 Gender Representation: Half must be women.
c. Considerations:
 Factors like number of women employed, nature of work, work
hours, and suitability for women are considered.

8. Authorities for Hearing Complaints (Sec. 7)

a. Appointment:
 Officers (min. rank: Labour Officer) appointed to handle:
1. Complaints about violations of the Act.
2. Claims about non-payment of equal wages.
b. Decision-Making:
 Decide if two or more jobs are of the same or similar nature.

c. Powers of Authority:
 Civil Court Powers: Can conduct inquiries, summon witnesses, and issue
directives.
  Directives May Include:
o Wage Payment: Order payment of the difference amount if
wages differ.
o Corrective Measures: Instruct employers to prevent future
violations.

9. Appeal Provisions (Sec. 7)

a. Appeal Rights:
 Who Can Appeal: Any employer or worker aggrieved by an order.
 Appeal Timeline:
o Within 30 days of the order date.
o Extension: Up to 30 additional days for valid reasons.
b. Outcome of Appeal:
 The authority may confirm, modify, or reverse the order.
 No further appeal after this stage.
Key Provisions of Chapter III
 Focus: Covers duties of employers, penalties, appointment of inspectors,
and powers of the Government.
 Penalties: Specifies fines and imprisonment for non-compliance.
 Cognizance: Defines who can file complaints and which courts can try
offences.
 Government Powers: Includes rule-making, issuing directions, and
resolving difficulties.
 Repeal: Repeals the Equal Remuneration Ordinance, 1975.

2. Maintenance of Registers and Inspectors (Sec. 8 and 9)

a. Employer’s Duty to Maintain Records (Sec. 8)
 Requirement: Employers must maintain registers and documents as
prescribed for workers.

b. Appointment and Powers of Inspectors (Sec. 9)

 Appointment: Government can appoint Inspectors to ensure
compliance.
 Jurisdiction: Inspectors work within specified local limits.
 Powers of Inspectors:
1. Entry Rights: Enter any building, factory, or premises at
reasonable times.
2. Document Inspection: Demand and examine registers, muster
rolls, and other records.
3. Testimonies: Collect testimonies on compliance status.
4. Interrogation: Question employers, agents, or workers.
5. Copying Rights: Make copies or extracts of documents.
6. Compliance Obligation: Anyone asked by an Inspector must
comply.

3. Penalties (Sec. 10)

a. General Penalties for Non-Compliance
 For failing to maintain records:
o Imprisonment: Up to 1 month
o Fine: Up to Rs. 10,000
o Or both

b. Severe Penalties for Specific Violations

 Offences:
 o Unequal pay for men and women.
o Gender discrimination in recruitment or employment conditions.
o Ignoring government directions on women’s employment.
 Penalties:
o First Offence:
 Imprisonment: Minimum 3 months (can extend to 1 year).
 Fine: Rs. 10,000 to 20,000 or both.
o Subsequent Offences:
 Imprisonment: Up to 2 years.

c. Penalty for Obstruction or Refusal

 Fine: Up to Rs. 500 for refusing to:
o Produce documents.
o Provide information to Inspectors.

4. Cognizance and Trial of Offences (Sec. 12)

a. Court Jurisdiction
 Who Can Try: Only Metropolitan Magistrates or Judicial Magistrates
of First Class.

b. How Cases Can Be Initiated

 Sources of Complaints:
1. Court’s own knowledge.
2. Complaints by:
 Government or authorised officer.
 Aggrieved person.
 Recognised welfare institutions or organisations.

5. Powers of Government (Sec. 13 to 17)

a. Power to Make Rules (Sec. 13)
 Authority: Central Government can make rules for implementing the
Act.

b. Power to Issue Directions (Sec. 14)

 Scope: Central Government can direct State Governments for Act
implementation.

c. Exemptions (Sec. 15)

 Special Cases: Act does not apply in cases like:
o Special treatment for women under other laws.
o Conditions related to maternity, retirement, marriage, or
death.

d. Power to Make Declarations (Sec. 16)

 Objective: To justify pay disparities based on factors other than
gender.
 Effect: Declared disparities do not violate the Act.

e. Power to Remove Difficulties (Sec. 17)

 Authority: Central Government can issue orders to resolve difficulties
in applying the Act.

6. Repeal and Saving (Sec. 18)

 Repealed: The Equal Remuneration Ordinance, 1975 is repealed.