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THE EQUAL REMUNERATION ACT, 1976

Title : THE EQUAL REMUNERATION ACT, 1976

Year : 1976

ACT NO. 25 OF 1976.

[11th February, 1976]


An Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows:-

CHAPTER I

PRELIMINARY





(1) This Act may be called the Equal Remuneration Act, 1976.

(2) It extends to the whole of India.

(3) It shall come into force on such date1*, not being later than three years from the passing of this Act, as the Central
Government may, by notification, appoint and different dates may be appointed for different establishments or employments.

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1. 8-3-1976: vide Notif. No. S. O. 175(e), dated 6-3-1976, Gazette of India, Extraordinary, Pt. II, Sec. 3(ii).

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In this Act, unless the context otherwise requires,-

(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;

(b) "Commencement of this Act" means, in relation to an establishment or employment, the date on which this Act comes into force in respect of that establishment or employment;

(c) "Employer" has the meaning assigned to it in clause (f)
of section 2 of the Payment of Gratuity Act, 1972 (39.of 1972)

(d) "Man" and "woman" mean male and female human beings, respectively, of any age;

(e) "Notification" means a notification published in the Official Gazette;

(f) "Prescribed" means prescribed by rules made under this Act;

(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;

(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;

(i) "Worker" means a worker in any establishment or employment in respect of which this Act has come into force;

(j) Words and expressions used in this Act and not defined but defined in the Industrial Disputes Act, 1947 (14.of 1947), shall have the meanings respectively assigned to them in that Act.



The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act, or in any instrument having effect under any law for the time being in force.

Last updated on May, 2016

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