Equal Remuneration Act, 1976

Introduction
It provides for Equal remuneration both men and women, but also understanding the fact that it will not
override any special treatment provided to women in the country. There was a time in India when women used
to face heavy discrimination in pay. But, after the advent of this Act, women have been able to sue malpractices
prevailing in their workplace.
CHAPTER II
PAYMENT OF REMUNERATION AT EQUAL RATES TO MEN AND WOMEN WORKERS AND
OTHER MATTERS
“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.
Sec. 4 Duty of employer to pay equal remuneration to men and women workers for the same work or
work of similar nature
 No discrimination in remuneration on grounds of sex.
 No discrimination to be made while recruiting men and women workers [Sec.5]
 The Act provides an exception regarding employment of women is prohibited. There are certain places
which are hazardous for employment of women and children; the section provides immunity from
employment at those places.
Sec. 6 Advisory Committee
 Must be created which will aid the purposes increasing employment opportunities.
 Administered by appropriate government
 Must consist of at least 10 people, which will be nominated by the appropriate government. Women
must consist of one-half of this committee because that will help in formulation of policies with the help
of people who are the real stakeholders.
 Factors which make a difference in the decision are:
1. Number of women at work
2. Nature of work
3. Hours of work
4. Suitability of women
5. Need to provide opportunities
 After consideration of all these factors, the committee must decide in bringing the appropriate norms in
effect. The appropriate government will implement the policy as suggested by the committee.
Sec. 7 Power of appropriate Government to appoint authorities for hearing and deciding claims and
complaints
The appointed officer shall have all the powers of a Civil Court, as mentioned under Section 195, Code of Civil
Procedure 1908 and Chapter XXVI of the Code of Criminal Procedure.
Where any of the parties is dissatisfied with the decision given by the authority. They can appeal before such an
authority which is specified by the appropriate government, within 30days from the date of the order.

CHAPTER III
MISCELLANEOUS
Duty of employers to maintain registers
Must contain detailed information regarding the remuneration.
Inspectors
The appropriate government appoints an Inspector, who will be responsible for carrying out the investigations. 
He must be a public servant. Section 21 of the IPC, provides 12 broad categories of a public servant, where the
post of the Inspector must lie, otherwise his or her appointment will be considered unauthorised.
Powers of inspectors:
1. Enter the premises at reasonable hours.
 2. May call for any official or official documents for examination.
3. May call for evidence at any given point.
4. Examine the employer.
5. Make copies of required documents.
These powers help the Inspectors to carry out the work in a fair and just manner.
Sec.10 Penalties
Penalties are charged in case, an employer fails to:
1. Maintain a register;
2. Produce the register when required;
3. Refuses or omits to give evidence as per requisitions;
4. Refuses to give any information;
5. Makes any recruitment in contravention of the provisions of this Act;
6. Makes payments at unequal rates;
7. Makes any discrimination on the basis of sex;
8. Carry out any direction as mentioned in the Act;
Punishable with at least a fine of 10,000, which may extend till 20,000 or imprisonment, not less than 3
months, which may extend to 1year. In case of more than one offence, the punishment will increase,
accordingly. 
Sec.11 Offences by companies
Unless, the person can prove that such an act was done without his or her knowledge or he/she exercised all due
diligence in order to prevent the act from happening.
Sec.12 Cognizance and trial of offences
With the Equal Remuneration (Amendment) Act, 1987. It suggests that Metropolitan Magistrate or a Judicial
Magistrate of the first class will be the authority at the lowest position for reviewing such a case under the Act.
The courts are allowed to take cognizance only on its own knowledge or any complaint made by the
appropriate government. An authorized officer can also complain to such an authority. The aggrieved
person is also authorized to take his or her own complaint to the court. Apart from these, the court shall not
entertain any complaints under the Act.
The courts involved in these matters must take immediate actions in order to protect the employees from such
discrimination. 
Sec.13 Power to make rules
The Central Government has the power to form policies and regulate changes in the Act. The Houses of
Parliament can implement changes by following due procedure. The employers will have to comply with the
norms, so provided. 
Sec.14 Power of Central Government to give directions
to the state government as to the execution of the Act. The state government will have to comply with the
directions, so provided.
Sec.15 Exclusion of certain cases
Section 15 of the Act was amended by Equal Remuneration (Amendment) Act, 1987 which states,
“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.”
The Act provided for all possible exclusions, which helps with the protection of interests of women who require
special treatment. This emanates the idea of equity and the spirit of protection of all kinds of rights.
Sec.16 Power to make declaration
It states exemption from liability of employer in certain circumstances. Where the employer has to discriminate
on the basis of any ground, but sex, will be exempted from any prosecution, if after complete consideration of
the case, the government deems it fit.
Power to remove difficulties
The Central Government has the power to make any order, without any difficulties.
Conclusion
The Equal Remuneration Act, 1976, helps in bridging the gap between unequal remuneration faced by the
women of our country. By the successful implementation of the Act, India is moving closer to being a country,
which treats its men and women equally.
References
 For more information, please visit,
https://archive.india.gov.in/business/legal_aspects/equal_remuneration.php
 Equal Remuneration Act, 1976 – Bare act:
http://nclcil.in/infobank/act/The%20Equal%20Remuneration%20Act,%201976.pdf