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.
9. Inspectors.—(1) The appropriate Government may, by notification, appoint such persons as it may
think fit to be Inspectors for the purpose of making an investigation as to whether the provisions of this
Act, or the rules made thereunder, are being complied with by employers, and may define the local limits
within which an Inspector may make such investigation.
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(2) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
(3) An Inspector may, at any place within the local limits of his jurisdiction,—
(a) enter, at any reasonable time, with such assistance as he thinks fit, any building, factory,
premises or vessel;
(b) require any employer to produce any register, muster-roll or other documents relating to the
employment of workers, and examine such documents;
(c) take, on the spot or otherwise, the evidence of any person for the purpose of ascertaining
whether the provisions of this Act are being, or have been, complied with;
(d) examine the employer, his agent or servant or any other person found in charge of the
establishment or any premises connected therewith or any person whom the Inspector has reasonable
cause to believe to be, or to have been a worker in the establishment;
(e) make copies, or take extracts from, any register or other document maintained in relation to
the establishment under this Act.
(4) Any person required by an Inspector to produce any register or other document or to give any
information shall comply with such requisition.
10. Penalties.—(1) If after the commencement of this Act, any employer, being required by or under
the Act, so to do—
(a) omits or fails to maintain any register or other document in relation to workers employed by
him, or
(b) omits or fails to produce any register, muster-roll or other document relating to the
employment of workers, or
(c) omits or refuses to give any evidence or prevents his agent, servant, or any other person in
charge of the establishment, or any worker, from giving evidence, or
(d) omits or refuses to give any information,
he shall be punishable 1
[with simple imprisonment for a term which may extend to one month or with fine
which may extend to ten thousand rupees or with both].
(2) If, after the commencement of this Act, any employer—
(a) makes any recruitment in contravention of the provisions of this Act, or
(b) makes any payment of remuneration at unequal rates to men and women workers, for the
same work or work of a similar nature, or
(c) makes any discrimination between men and women workers in contravention of the
provisions of this Act, or
(d) omits or fails to carry out any direction made by the appropriate Government under
sub-section (5) of section 6,
he shall be punishable 2
[with fine which shall not be less than ten thousand rupees but which may extend
to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but
which may extend to one year or with both for the first offence, and with imprisonment which may extend
to two years for the second and subsequent offences].
(3) If any person being required so to do, omits or refuses to produce to an Inspector any register or
other document or to give any information, he shall be punishable with fine which may extend to five
hundred rupees.
1. Subs. by Act 49 of 1987, s. 3, for “with fine which may extend to one thousand rupees” (w.e.f. 16-12-1987).
2. Subs. by s. 3, ibid., for “with fine which may extend to five thousand rupees” (w.e.f. 16-12-1987).
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11. Offences by companies.—(1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
STATE AMENDMENT
Uttar Pradesh
Insertion of section 11-A of Act No. 25 of 1976.—After section 11 of the Equal Remuneration Act,
1976 the following section shall be inserted, namely:-
11A. Composition of offences.—(1) Any offence punishable under this Act with fine only or with
imprisonment up to one month or with both shall be compounded on the application of accused before or
after institution of persecution by a competent authority notified by the State Government, after imposing
50% of the fine for the offence as compounding fee along with the prescribed fine;
Provided that remedy for compounding shall be available for the first offence only.
(2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence,
subject to direction, control and supervision of the State Government.
(3) Every application for the compounding of an offence shall be made in such form and in such
manner as may be prescribed.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence, against the offender in relation to whom the offence is so
compounded.
(5) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the
court in which prosecution is pending and on such notice of the composition of the offence being given,
the person against whom the offence is so compounded shall be discharged.”
[Vide Uttar Pradesh Act 17 of 2018, s. 2]
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[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
authorised by it in this behalf, or
1. Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987).
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(b) a complaint made by the person aggrieved by the offence or by any recognised welfare
institution or organisation.
Explanation.—For the purposes of this sub-section “recognised welfare institution or organisation”
means a social welfare institution or organisation recognised in this behalf by the Central or State
Government.]
13. Power to make rules.—(1) The Central Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the manner in which complaint or claim referred to in sub-section (1) of section 7 shall be
made;
(b) registers and other documents which an employer is required under section 8 to maintain in
relation to the workers employed by him;
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.
14. Power of Central Government to give directions.—The Central Government may give
directions to a State Government as to the carrying into execution of this Act in the State.
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[15. Act not to apply in certain special cases.—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.]
16. Power to make declaration.—Where the appropriate Government is, on a consideration of all
the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular
species of remuneration, of men and women workers in any establishment or employment is based on a
factor other than sex, it may, by notification, make a declaration to that effect, and any act of the
employer attributable to such a difference shall not be deemed to be a contravention of any provision of
this Act.
17. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by notification, make any order, not inconsistent with the provisions of
this Act, which appears to it to be necessary for the purpose of removing the difficulty:
Provided that every such order shall, as soon as may be after it is made, be laid before each House of
Parliament.
18. Repeal and saving.—(1) The Equal Remuneration Ordinance, 1975 (12 of 1975) is hereby
repealed.
1. Subs. by Act 49 of 1987, s. 5, for section 15 (w.e.f. 16-12-1987).
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(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed
(including any notification, nomination, appointment, order or direction made thereunder) shall be
deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in
force when such thing was done or action was taken.