Explain the provisions of Equal Remuneration Act, 1976 in connection with the offences committed by companies and penalty provisions.
CS Professional · Labour Laws and Practice · PYQS · December 2025
Explain the provisions of Equal Remuneration Act, 1976 in connection with the offences committed by companies and penalty provisions.
Answer & Explanation:
Penalty provisions as per Section 10 of the Equal Remuneration Act, 1976 Section 10(1) of the Equal Remuneration Act, 1976 states that if any employer, being required by or under this act, so to do:- omits or fails to maintain any register or other document in relation to workers employed by him, or omits or fails to produce any register, muster-roll or other document relating to the employment of workers, or omits or refuses to gives any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or omits or refuses to give any information, then he shall be punishable 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. Section 10(2) of the Equal Remuneration Act, 1976 states that if any employer:- makes any recruitment in contravention of the provisions of this Act; or makes any payment of remuneration at unequal rates to men and women workers for the same work or work of a similar nature; or makes any discrimination between men and women workers in contravention of the provisions of this Act; or omits or fails to carry out any direction made by the appropriate Government, then he shall be punishable 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. As per Section 10(3) of the Equal Remuneration Act, 1976, 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 thousand rupees. Offences by companies as per Section 11 of the Equal Remuneration Act, 1976 (1) Where an offence under the Equal Remuneration Act, 1976 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. However, 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) Further, 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 anybody corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
Topics: Equal Remuneration Act, 1976
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