G.S.R. 119(E), New Delhi, the 11th. March, 1976. – In exercise of the powers conferred by Section 13 of the Equal Remuneration Act, 1976 (25 of 1976) and the Supersession of Equal Remuneration Rules, 1975, the Central Government hereby makes the following rules, namely: -
CHAPTER I Preliminary
1. Short title, and commencement. -- (1) These rules may be called the Equal Remuneration Rules, 1976.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. 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 the Trade Unions Act, 1926 (16 of 1926).
CHAPTER II
Complaints and Claims under the Act
3. 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 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 workers himself or herself or by any legal practitioner, or by any official of a registered Trade Union, authorized 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.
CHAPTER I Preliminary
1. Short title, and commencement. -- (1) These rules may be called the Equal Remuneration Rules, 1976.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. 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 the Trade Unions Act, 1926 (16 of 1926).
CHAPTER II
Complaints and Claims under the Act
3. 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 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 workers himself or herself or by any legal practitioner, or by any official of a registered Trade Union, authorized 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.
4. Claim regarding non-payment of wages etc. -- (1) Every claim under clause (b) of sub-section (1) of Section 7 shall be made y 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 or a registered Trade Union, authorized in writing to appeal and act on his or her behalf or by any Inspector appointed under Section 9 or any other person acting with the permission of the Authority.
5. Authorization. -- The authorization 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
6. Registers to be maintained by the employer. -- Every employer shall maintain a register in relation to the workers employed by him in Form ‘D’.
(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 or a registered Trade Union, authorized in writing to appeal and act on his or her behalf or by any Inspector appointed under Section 9 or any other person acting with the permission of the Authority.
5. Authorization. -- The authorization 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
6. 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)]
(To be submitted in triplicate) [See Rule 3(1)]
Complaint under clause (a) or sub-section (1) of Section 7 of the Equal Remuneration Act, 1976 (25 of 1976)
To
The Authority appointed under sub-section 91) of Section 7
To
The Authority appointed under sub-section 91) of Section 7
_________________ Address.
A. ______________________Complainant(s) Full Address.
Versus
B. _______________________Opposite Party Full Address.
The Complaint(s) begs/beg to complain 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 grounds 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 there on as it may fit and proper.
The number of copies of the complaint (along with its annexures) as required under subrule 1) 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(s) of the Complainant(s)a
* I have been duly authorized 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 authorized.
Station __________________
Date___________________
*Strike out which ever is inapplicable.
A. ______________________Complainant(s) Full Address.
Versus
B. _______________________Opposite Party Full Address.
The Complaint(s) begs/beg to complain 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 grounds 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 there on as it may fit and proper.
The number of copies of the complaint (along with its annexures) as required under subrule 1) 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(s) of the Complainant(s)a
* I have been duly authorized 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 authorized.
Station __________________
Date___________________
*Strike out which ever is inapplicable.
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_______________ employed (Category)
in _________________________ (Name of 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 rates equal to those of workers of the opposite sex for the same work or work of a similar nature for the period from _________________ to _______________.
(4) The petitioner(s) was/were/has/have not been paid wages at the rate of ____________ whereas workers of the opposite sex for the same work or work of similar nature were paid/have been paid at the rate of ______________ during the said period.
(5) The petitioner(s) estimates/estimate the values 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 deemed fit and proper.
(7) The petitioner(s) begs/beg leave to amend or add to or make alternations in the petition, if and when necessary, with the permission of the Authority.
The petitioner(s) does/do solemnly declare that the facts stated in this petition are true to the best of his/her/their knowledge belief and information.
* I have been duly authorized 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 authorized.
Station________________
Date__________________ ------------------------------------------------------------------------------------------------------------ *Strike out which ever is inapplicable.
FORM C [See Rule 5]
Form of authority in favour of legal practitioner or any official of a registered Trade Union.
I/We hereby authorize 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(3) of rule3/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 _______________________
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_______________ employed (Category)
in _________________________ (Name of 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 rates equal to those of workers of the opposite sex for the same work or work of a similar nature for the period from _________________ to _______________.
(4) The petitioner(s) was/were/has/have not been paid wages at the rate of ____________ whereas workers of the opposite sex for the same work or work of similar nature were paid/have been paid at the rate of ______________ during the said period.
(5) The petitioner(s) estimates/estimate the values 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 deemed fit and proper.
(7) The petitioner(s) begs/beg leave to amend or add to or make alternations in the petition, if and when necessary, with the permission of the Authority.
The petitioner(s) does/do solemnly declare that the facts stated in this petition are true to the best of his/her/their knowledge belief and information.
* I have been duly authorized 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 authorized.
Station________________
Date__________________ ------------------------------------------------------------------------------------------------------------ *Strike out which ever is inapplicable.
FORM C [See Rule 5]
Form of authority in favour of legal practitioner or any official of a registered Trade Union.
I/We hereby authorize 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(3) of rule3/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)
(1)
(2)
(3)
I accept the authorization.
Station _____________________
Date _______________________
Legal practitioner/ Official of a registered Trade Union
----------------------------------------------------------------------------------------------------------- *Strike out whichever is inapplicable.
I accept the authorization.
Station _____________________
Date _______________________
Legal practitioner/ Official of a registered Trade Union
----------------------------------------------------------------------------------------------------------- *Strike out whichever is inapplicable.
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 | |||||||||
| Components of remuneration | |||||||||
| Category of Worker | Brief Description of Work | No of Women Employed | No of Men Employed | Rate of Remuneration Paid | Basic wage | Dearness Allowance | House Rent Allow | Other Allowances | Cash value of Concessional supply of essential commodities |
| 1 | 2 | 3 | 4 | 6 | 7 | 8 | 9 | 10 | 11 |
