ABSTRACT
Minimum Wages Act, 1948-Minimum rates of wages for employment in Agriculture
and works allied to agriculture-Revision of rates-Preliminary Notification-Confirmed.
LABOUR AND EMPLOYMENT(J2) DEPARTMENT
G.O.(Ms).NO.24
DATED:
08.07.2005
READ:-
1. G.O.(2D) No.10, Labour and
Employment (J2) Departrment Dated 28.3.2005.
2. From the Commissioner of Land
Reforms, Chennai, letter RC.No B1 / 3472 / 2002
(L.Ref) dated 14.6.2005. -----------
ORDER:
In the Government Order first
read above, a preliminary Notification containing
proposals for revising the minimum rates of wages
for the employment in Agriculture and works allied
to agriculture was issued under the provisions
of the Minimum Wages Act, 1948 and objections and
suggestions were invited from the persons likely
to be affected by such revision.
2. The Government after examining
the objections and suggestions with regard to the
preliminary Notification issued, have decided to
confirm the preliminary Notification without any
modification.
3. The Government also decided
to issue notification authorising payment of Minimum
Wages either wholly or partly in kind, fixation
of number of hours of work per day for certain
classes of employment in Agriculture under Minimum
Wages Act and also non- application of provisions
of certain sections of the Act to the employees
employed in Agriculture and work ancillary to Agriculture
under Minimum Wages Act.
4.The appended Notifications will
accordingly be published in the Tamil Nadu Government
Gazette, both in English and Tamil. The Secretary
to Government, Tamil Development, Culture and Religious
Endowments
(Translation) Department, Secretariat,
Chennai-600 009 is requested to send the Tamil
translation of the Notification to the Works Manager,
Government Central Press, Chennai-600 079 for the
publication in the Tamil Nadu Government Gazette. (BY ORDER
OF THE GOVERNOR)
RAMESH KUMAR KHANNA
SPECIAL SECRETARY TO GOVERNMENT AND SECRETARY TO GOVERNMENT(i/c) To
The Works Manager, Government
Central Press, Chennai-600 079 (for publication
in the Govt.Gazette) (2 copies)
The Secretary to Government, Tamil
Development Culture and Religious Endowments (Translation)
Department, Chennai-600 009(2 copies)
The Commissioner of Labour, Chennai-600
006 (5 copies)
The Commissioner of Land Reforms,
Chepauk, Chennai-600 005 (5 copies)
All District Collectors.
The Director of Agriculture, Chennai-600
005
The Director of Economics and
Statistics, Chennai-600 005
The Director of Rural Development,
Chennai-15
The Managing Director, Tamil Nadu
Dairy Development Corporation, Vepery,Chennai-600
007
The Managing Director, Tamil Nadu
Agro-Industries Corporation, Agro House, Guindy
Industrial Estate, Chennai-32
The Managing Director, Tamil Nadu
Poultry Development Corporation, Chennai.1
The Chief Executive Officer, Khadi
and Village Industries Board , Kuralagam, Chennai-1
The Registrar, Tamil Nadu G.D.Naidu
Agricultural University, Coimbatore.
All Panchayat Unions Commissioners
in the State through the Director of Rural Development,
Chennai-15 Copy to:-
The Secretary, To Government
of India, Ministry of Labour, New Delhi-110 001
The Secretary to Government
of Kerala, Labour and Rehabilitation Department,
Thiruvananthapuram
The Secretary .to Government
of Andhra.Pradesh, Labour, Employment and Factories
Department, Hyderabad.
The Seretary to Government of
Karnataka, Labour Deptt. Bangalore
The Secretary to Government
of Pondicherry, Labour Deptt. Pondicherry
All
Sections in the L & E
Deptt. Chennai-9
All Heads of Departments.
The Secretary .to Government,.
Revenue Deptt., Chennai-600 009
The
Secretary .to Government, I & T/Agriculture
Department, Chennai-9
The Director, Tamil Nadu Institute
of Labour Studies, Slum Clearance Board Building,
Chennai-600 005
SF/SCs FORWARDED: BY ORDER
SECTION OFFICER.
NOTIFICATION I.
In exercise of the powers conferred
by clause (b) of sub-section (1) of section 3
and sub-section (2) of section 5 of the Minimum
Wages Act, 1948 (Central Act XI of 1948) and
in supersession of the Labour and Employment
Department Notification No.II(2)/LE/1257(a-1)/99
published at pages 1-2 of Part II-Section 2 of
the Tamil Nadu Government Gazette, Extraordinary,
dated the 28 th October 1999, the Governor of
Tamil Nadu hereby revises the minimum rates of
wages payable to the classes of employees, employed
in agriculture and works ancillary to agriculture
as ,specified in Part-II of the Schedule to the
said Act, in the State of Tamil Nadu, specified
in Column (1) of the Schedule below and as specified
in the corresponding entries in column (2) thereof,
the draft of the same having been previously
published as required by clause (b) of sub-section
(1) of Section 5 of the said Act.
2. This Notification shall come
into force on and from the date of publication
in the Tamil Nadu Government Gazette
THE SCHEDULE.
Classes of
Employees
(1) |
Minimum rates
of wages per day
(2) |
(1) Employees
engaged in ploughing with bullocks and
ploughs supplied by him. |
Rs.150/- |
(2) Employees
engaged in ploughing with bullocks and
ploughs not supplied by him |
Rs.80/- |
(3) Employees
engaged in harvest of paddy reaping, carrying
to thrashing floor, thrashing, winnowing,
measuring and bagging. |
Rs.80/- per
day for men workers, who do the work for
6 hours and Rs.70/- per day for women workers
who do the work for five hours or in kind
to the extent of 1/8 th of the gross yield
of produce whichever is higher, per day. |
(4) Employees
engaged in harvest of crops other than
paddy. |
Rs.80/- per
day for men workers, who do the work for
six hours and Rs.70/- per day for women
workers who do the work for five hours. |
(5) Employees
engaged in sowing, plucking of seedling,
re-planting of seedlings and for weeding
operations. |
Rs.80/- per
day for men workers, who do the work for
six hours and Rs.70/- per day for women
workes who do the work for five hours. |
(6) Employees
engaged in other agricultural operations,
namely trimming bunds and fields, bee-keeping,
poultry farming, dairy farming and climbing
trees. |
Rs.80/- per
day for men workers who do the work for
six hours and Rs.70/- per day for women
workers who do the work for five hours. |
Explanations.-
(1) The above revised minimum
rates of wages shall also apply to the Agricultural
Labourers employed in Colleges and Research Stations
under the Tamil Nadu Agricultural University
and Agricultural Farms maintained by the Agriculture,
Horiticulture and other Government Departments.
(2) Where there is no difference
in the daily hours of work and where the same
work or work of a similar nature is performed,
no distinction in the payment of wages should
be made between men and women workers as per
the Equal Remuneration Act, 1976.
(3) For the purpose of this
Notification, minimum rate of wages specified
above shall be all inclusive of rate allowing
for the basic rate, cost of living allowance
and the cash value of concession, if any, but
it does not include the cost of food, if any,
supplied to the employees and hence the cost
of food shall not be deducted from the minimum
rates of wages paid to the employees.
NOTIFICATION II.
WHEREAS, it has been the custom
in certain parts of the State of Tamil Nadu to
pay wages wholly or partly in kind for certain
classes of employment in agriculture:
AND WHEREAS, the Governor of
Tamil Nadu is of the opinion that it is necessary
in the circumstances of the case to authorise
the payment of minimum wages either wholly or
partly in kind for such classes of employment
in agriculture.
NOW, THEREFORE, in exercise
of the powers conferred by sub-section (2) of
section 11 of the Minimum Wages Act, 1948 (Central
Act XI of 1948) and in supersession of Labour
and Employment Department Notification No.II(2)/LE/1257
(a-2)/99, dated the 28 th October 1999, published
at pages 2-3 of Part II- Section 2 of the Tamil
Nadu Government Gazette Extraordinary dated the
28 th October 1999, the Governor of Tamil Nadu
hereby authorises the payment of minimum wages
either wholly or partly in kind for the classes
of employment in agriculture and works ancillary
to agriculture as specified in Part II of the
Schedule to the said Act.
Where minimum wages are paid
either wholly or partly in kind, such wages shall
not be less than the minimum wages that would
have been payable had they been paid wholly in
cash under the said Act.
The cash value of the minimum
wages payable in kind shall be estimated in accordance
with the provisions of rule 20 of the Minimum
Wages (Tamil Nadu) Rules, 1953.
NOTIFICATION III.
Under clause (a) of sub-section
(1) of section 13 of the Minimum Wages Act, 1948
(Central Act XI of 1948) and in supersession
of the Labour and Employment Department Notification
No.II(2)/LE/1257 (a-3)/99, dated the 28 th October
1999, published at page 3 of the Tamil Nadu Government
Gazette, Extraordinary, dated the 28 th October
1999, the Governor of Tamil Nadu hereby fixes
for the classes of employees specified in column
(1) of the Schedule below, who are employed in
agriculture and works ancillary to agriculture
in the State of Tamil Nadu as specified in Part
II of the Schedule to the said Act, the number
of hours of work which shall constitute a normal
working day, inclusive of the time taken for
meals, rest and other purposes as specified in
the corresponding entries in column (2) thereof:-
THE SCHEDULE
Classes of
employees |
Number
of hours of work per day |
For men workers |
For women workers |
(1) All employees
engaged in agriculture except those engaged
in ploughing |
6 |
5 |
NOTIFICATION-IV.
In exercise of the powers conferred
by sub-section (2-A) of section 26 of the Minimum
Wages Act, 1948 (Central Act XI of 1948) and
in supersession of the Labour and Employment
Department Notification No.II(2)/LE/1257 (a-4)/99,
dated the 28 th October 1999, published at page
4 of Part II-Section 2 of the Tamil Nadu Government
Gazette , Extraordinary, dated the 28th October
1999, the Governor of Tamil Nadu hereby directs
that the provisions of sections 3 and 5 of the
said Act shall not apply to each of those employees
employed in agriculture and works ancillary to
agriculture in the State of Tamil Nadu as specified
in Part II of the Schedule to the said Act who
are in receipt of wages higher than the minimum
rates of wages fixed under the said Act, subject
to the condition that the said employees continue
to receive such higher rates of wages.
RAMESH KUMAR KHANNA
SPECIAL SECRETARY TO GOVERNMENT AND SECRETARY TO GOVERNMENT (i/c)
//True Copy//
SECTION OFFICER
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