Epfo Crash Course by Rahul Gupta Sir (Upsc Epfo Topper) With Video, PDF, 10 K+ Questions

EPFO CRASH COURSE BY RAHUL GUPTA SIR (UPSC EPFO TOPPER) WITH VIDEO, PDF, 10 K+ QUESTIONS
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, 1976
THE EQUAL REMUNERATION ACT, 1976
, ब अ ग-अ ग
ग अ ग-अ ग , ब
ग अ ग-अ ग , ,अ ,
ग ग , अ
ग - ब
ग ग अ
अ ग
- ग
Wages vary in any country and there are of two types. First, when people are given
different wages for different tasks. Secondly, when people are given different wages for
one type of work. If there is some difference in the condition and condition of the
work, qualifications and training, experience, geographical and industrial area, etc. and
in that case the wages of the people doing the same work vary, then it is not

considered discrimination but when all Even if the circumstances are similar, the
difference in wages of people employed in one type of work on the basis of gender is
considered to be discrimination in the field of wages. This law has been passed
primarily for the purpose of eliminating wage variation on the basis of gender.
अ ग (I.L.O.) अ अ (International Labour

Conference) ग (Organisation) अ ग
ग ग
अ
I.L.O. 34 , 6 ,
1951 , अ ग ग
(Principle of Equal Remuneration) अ अ : 29 1951
I.L.O. अ -100 (Equal Remuneration Convention No.
100) अ ग I.L.O.
-90 (Equal Remuneration Recommendation No. 90)
अ ग अ

(Higher Body अ (Ratify) अ
(Ratication अ (Convention) (Recommendation)
ग
ग
Firstly, in the International Labor Conference of the International Labor Organization

(ILO), the subject matter was laid down that on the basis of gender in wages paid to
women and men employed in the same work under any organization (Organisation).
But appropriate steps should be taken to end discrimination or wage differentials to be
adopted if the condition and condition of the work and all conditions are the same.
I.L.O. The 34th session, which was concluded on 6 June 1951, decided that the Principle
of Equal Remuneration should be adopted for women and men. Hence, I.L.O. of 29
June 1951. The Equal Remuneration Convention No. 100 was adopted by the Uniform
Remuneration Convention No. 100. But at the same time I.L.O. Keeping in view the
problems of some member countries of the country, Equal Remuneration
Recommendation No. 90 was also adopted. It is the nature of both of them that all the

member countries have to keep it ratified in the higher body of their country. If they
are ratified, then this convention or recommendation to implement , the law is given a
place by amendment or it is necessary to implement it in the country by passing a new
law.
(private sector) , ग, ग, ,
अ ग ग, अ ग
अ
अ ग ग (Directive Principle of State Policy)
अ -39 (Article-39) ग
ग ग अ ग
In India too, almost all the factories, small scale industries, cottage industries,
agricultural sector, unorganized industries, etc. of the private sector also had a
difference in the wages of women and men employed in the same work. Generally,
wages of women were lower than men. By the way, Article-39 of the Directive Principle

of State Policy, given under the Constitution of India, states that in the payment of
wages paid to women and men employed to perform a work of a nature.
Discrimination based on gender will not be adopted. Yet it was a ridiculous situation
that this discrimination was seen in India.
1975 अ ग (I.L.O.) अ (Equal

Remuneration Convention) (Equal Remuneration
Recommendation) ग
(U.N.O.) 1975 अ (InternationalYear for Women)
ग 1975
, , , -
- अ : ग ग ब
अ ,
No concrete steps were taken in India to implement the Equal Remuneration

Convention and Equal Remuneration Recommendation similar to the International

Labor Organization (I.L.O.) till 1975. The year 1975 was announced by the United
Nations (U.N.O.) as the International Year of Women. India was also celebrating 1975
as Women's Year. Also, discussions were being held on topics like removing their
problems, preventing exploitation, starting a plan for their welfare, etc. Therefore, it
was demanded from the government that firstly the violation of rights of women
should be stopped and law should be passed to enable them to get equal wages for
equal work.
1975 अ (Equal Remuneratic Ordinance) ग

26 ब 1975 ग अ ब (Bill)
ब ग अ अ ब
ब 11 1976 ब
ग ,
अ , 1976(Equal Remuneration Act, 1976) 12
1976 ग ग ग ग
अ (Chapter) ग

At the same time in 1975, the Equal Remuneratic Ordinance was introduced. On 26
September 1975, it was announced by the President that this ordinance would be
passed and enacted as a bill. Hence, this ordinance took the form of equal
remuneration bill. The President of India also passed this bill on 11 February 1976 after
it was passed by the House.
The signature was received and it took the form of a law, which we know as the Equal
Remuneration Act, 1976 (Equal Remuneration Act, 1976). This law came into force on
12 February 1976 with publication in the Government Gazette of the Government of
India and is still in force today. This law is classified into three chapters.
(Introduction) ,
(i) ग ग Sec-1(2)
(ii) ग , ग
(Appropriate Govt.) ग Sec-2(a)

(iii) ग ,
अ (Wage legislation)
(Introduction) Some important features of this law are seen, which are as follows.
(i) This law has been passed by the Central Government and is applicable throughout
the country Sec-1 (2)
(ii) Although this law has been passed by the Central Government, the responsibility of
implementing it has been given to the appropriate government . Sec-2 (a)
(iii) This law has been passed for the purpose of bringing equality in wages, due to
which it is known as Wage legislation.
(Scope and Coverage)
ग ग अ
अ (Notification) ग ब अ
ग ग ब ग Sec-1(3)

ग अ , (Agreement) contract
of service ब ब अ Sec-3
(Scope and Coverage)
This law will be implemented in all the private sector or government sector institutions
of the country. According to the law, after the day the notification has been done by
the central government, within three years, it has been said to implement it in different
institutions or jobs on different dates. Sec-1 (3) states that if any other law or any court
agreed judgment, contract or contract of service which is made before or after the law
comes, this law makes it invalid. Sec-3
(objective)
(i) ग
(ii) ग (Preventor Oscuraton on the

ground of sex) ) Mackinnon Mackenzie & Co Ltd Vs Audrey D'Cost

ग
ग Air1987,SC1281
(iii) ग ग
(vi)
(v)
ग - - 50%
(vi) ग
(vii) अ
अ
(Objective)
Its main objectives are discussed in the preamble of this law itself. As written below.
(i) Equal wages are to be paid to women and men for equal work.

(ii) There should not be any discrimination on the basis of sex. The Supreme Court in its
decision of the dispute of Mackinnon Mackenzie & Co Ltd vs Audrey D'Cost made it
clear that the application of this law will not depend on the financial position of the
employer Air1987, SC1281.
(iii) To apply the principle of social justice to wage payments as well.
(vi) Elimination of discrimination against women in recruitment, selection, training,

promotion etc.
(v) To constitute an advisory committee consisting of at least 50% women members to

advise women with a view to preserving the condition of employment.
(vi) System of inspection to prevent discrimination in wages on the basis of gender.
(vii) To arrange the appointment of an appellate authority for deciding the authority of
the claim or complaint and in case of dissatisfaction with the decision of the authority.
(Main Provisions)

अ -11 अ ग :-
(1)
(Dutyof employer to pay equal remuneration to men and women
workers for same work or work of a similar nature)sec-4
अ अ
ग ग
ग
अ अ
अ (Highest Remuneration) ब
ग
ग
- (Scale) अ
ग अ
ग

(Duty of employer to pay equal remuneration to men and women workers for same
work or work of a similar nature) sec-4
No employer will pay more to men and less to women for similar work in their
institution. In other words men and women will be paid equal wages for similar work.
If men are given good or high wages in a factory or institute before the coming of
this law, then after the introduction of the Highest Remuneration Act, it will also be
given to the women employed on that work.
It has been said that if the employer wants to reduce the wages of the other to equal
the wages of women, or to reduce the Scale only, he cannot do so. That is, in the
interest of implementing this law, if the employer wants to reduce the wages of others
to equal the wages of women, doing so would be considered a violation of this law.
(2) No discrimination to be made while

recruiting men and women workers Sec-5

ग - ग (Sex)
ग अ ब
ग ब :- , ग
ग अ
ग अ ग (Promotion),
(Training), ब (Transfer), अ ग
अ ,अ ,अ
ग, , ,
ग
No discrimination to be made while recruiting men and women workers Sec-5:
It has been said that while recruiting in any factory or institute, the employer will not
discriminate on the basis of sex. That is, at the time of recruitment, the employer will
not discriminate between men and women, which will adversely affect the
appointment of women. Such as: - If recruitment is done on the basis of competition
examination, then women will also have equal right to participate in the competition

and if successful, they will also have equal right to be admitted. Also, discrimination will
not be adopted in promotion, training, transfer, etc.
But if there is a provision for reservation for Scheduled Castes, Scheduled Tribes,
Other Backward Classes, retrenchment workers, ex-employees, etc. in that factory or
institution then this law will not have any effect on them.
(3) (Advisory Committee)Sec-6
(Implementation)
ग :-
(i) अ ग (Employment)
ब (Advisory Committee) ग ग
(ii) Advisory Committee 10 ग (Appropriate

Governement) ग
(iii) (Advisory Committee) 50% अ ग

(iv) Committee ब - ग
ग अ ब -
Advisory Committee ग ,
(Employment conditions) ,
, ब
Advisory Committee - ग
(v) Advisory Committee अ ग

:- “It will evolve its own working procedure" अ ब ब ,
, Agenda , ब Advisory committee
ब ग ब ग
(vi) Advisory Committee ब अ अ

ब - अ (Appropriate Government)
ग Advisory Committee अ ब ब
(Appropriate Government) ब ग

(vii) Advisory Committee Appropriate Government
ग
अ ग
The Consultative Committee has an important role in the implementation of this law. In
this context, the following provisions are given: -
(i) The Central Government and each State Government will set up an Advisory
Committee for the purpose of increasing employment of women in their area.
(ii) There will be at least 10 members in this Advisory Committee who will be
nominated by the Appropriate Governement.
(iii) This Advisory Committee will have at least 50% female members.
(iv) This committee will discuss how to increase the employment opportunities of
women in that state or region. While deliberating on this subject, this Advisory
Committee will also look at these topics as to how much work hours women should
have, what their employment conditions should be, what type of work should be taken

from them, etc. It can be said that all matters related to the planning of women will be
discussed by this Advisory Committee.
(v) This Advisory Committee will determine the manner of its functioning. In the words
of the law: - This advisory committee will make rules for such things as "It will evolve its
own working procedure" i.e. when meeting is to be held, where should its office be
kept, how should its Agenda be prepared, etc.
(vi) This Advisory Committee will give its advice to the appropriate government in
relation to the appointment of women and after discussing their wages or other
related matters. This Advisory Committee will call its meeting on time and will work to
advise the appropriate government on women.
(vii) Appropriate Government may make necessary orders to the employers of that area
on the basis of the consultation of the Advisory Committee. It will be compulsory for
employers to obey and implement orders.
(4) (Appointment of Authorities) Sec-7

ब ब
(Appropriate Government) अ (Authority)
ग ब ग
(i) Authority अ (Officer) ग अ (Labour

Officer) (Rank) ग
(ii) (implementation) अ
(iii)
अ ग ब
ग
(iv) ब - ग
(v) - अ ग Civil court

(vi) - ब
ग
(vii) ग
ब (Difference) ग
(viii) ग
,
(ix)
ग ब - ग
अ ग
Appropriate Government will appoint an authority to hear complaints related to

remuneration and to inquire into complaints. The following provisions have been given
in this regard

(i) This Authority shall be an officer who in no case shall be a lower level officer than
the rank of Labor Officer.
(ii) If any person is not satisfied with the implementation of this law, he can file his
complaint with this authority.
(iii) If a woman is getting less wages than man for doing the same work , then the
woman will file her complaint with this authority and submit an application in this
regard.
(iv) This authority will conduct necessary investigations in relation to that complaint.
(v) They will get all the rights for investigation which a civil court normally enjoys.
(vi) This authority, after conducting the investigation in the light of that application, will
order the concerned employer.
(vii) If the authority realizes that the woman has been given less than normal wages,
then they can order that employer to pay the difference.

(viii) If an application is filed because an employer is not properly following this law, in
that case this authority may give the necessary order to that employer to properly
follow the law.
(ix) If any dispute arises in such a way that the two works are of same nature or not
then the dispute will be referred to the authority. This authority will conduct the
necessary investigation in relation to the dispute and give its decision and order to the
employer of the institution where the dispute arose.
(5) (Appeal) Sec-7
ग (Central Government) (State

Government) अ अ (Appellate Authority) ग ब
ग :-
(i) ( ) (Authority)
(Appellate Authority) अ ग

(ii) (Authority) ग 30 अ अ
30 अ अ
Appellate Authority अ
30 ब अ
(iii) Appellate Authority अ ग
(iv) अ - ग
(v) अ अ ग , Authority
ग
It has been said that the Central Government and each State Government will appoint
an Appellate Authority. The following important provisions have been given in this
regard: -
(i) If any employer or workers (male or female) are not satisfied with the decision of the
authority, they will appeal against their decision to the Appellate Authority.

(ii) This appeal should be lodged within 30 days from the date of the decision given by
the authority. If for some reason a person could not appeal within 30 days and the
Appellate Authority was satisfied with his / her inability.
In that case, he can order to file an appeal even after 30 days.
(iii) This Appellate Authority will hear the appeal of that person. .
(iv) To investigate in the light of appeal.
(v) and finally give their decision which the employee, his employer and the Authority
will have to obey.
(6) (Maintenance of register) Sec-8
ग ग ग
अ ग अ ग (Register) ग (Register)
ब ग
- , , , ,

It has been said that the employer of the institution or factory in which this law will
apply will have to maintain a separate register under this law. In this register, necessary
information about women working in that factory or institute will be kept. Such as the
nature of their work, hours of work, working condition, remuneration, etc.
(7) (Inspectors) Sec-9
ग (Appropriate Government) अ
ग - (Implementation)
ब ग ब अ ग -
, ब , ग ब -
, ग , अ ग
It has been said that the appropriate government will appoint some inspectors. These
inspectors will go to different places and conduct necessary inspections about the
implementation of this law. They will get all kinds of rights in this regard. For example,
they will get the right to enter the place of work, talk to the women workers, check
about the payment of wages, see the necessary papers, etc.

(8) (Power to make rules) Sec-13
(rules) ब अ ग अ
अ (Notification) ब - ,
अ अ (rules) ब
The Central Government will have the right to make any kind of rules. The Central
Government through its Notification can make rules related to the implementation of
the law such as claims or complaints, register or other documents by the employer and
other necessary subjects.
(9) (Power of Central government to give

directions) Sec-14
ब

The Central Government can direct any state government related to the
implementation of this law.
(10) (Offences and penalties) Sec-10
अ ग ग (Offence) ग
ग
(a) (maintain) अ ग (documents)

ग अ
10,000.00 (fine)
(b) (evidence) (information) अ
(c) ब अ
अ (unequal) ग ब

(d) ग अ अ
ब
(e) (Inspector) , ग अ
ग
Certain situations have been declared offence under the law for which a provision of
punishment has been made. Any person can be punished in the following situations
(a) Failure to maintain the prescribed register or failing to maintain other documents or
failing to furnish it on demand, can be punished for imprisonment up to one month or
fine up to Rs 10,000.00 or both.
(b) In the event of failing to provide any necessary evidence or information, can be
punished by imprisonment for up to one month or with fine or up to ten thousand
rupees.

(c) If the discrimination between women and men is adopted at the time of
appointment or if women and men are paid unequal wages for the same work, then in
such a situation punishment for a fine of ten thousand to twenty thousand rupees or
imprisonment for three months or Both.
(d) In the event of failure to act in accordance with the instruction given by the
government, a fine ranging from ten thousand to twenty thousand rupees or
imprisonment ranging from three months to one year or both can be punished.
(e) Fine up to five hundred rupees can be imposed in case of failure to provide register,
papers or information before the inspector.
(Definitions)
अ ग Sec-2 ग , :-
(1) (Appropriate Government) ग “Appropriate

government' means :-

(i) In relation to any employment carried on by or under the authority of the Central
Government of 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
(i) अ ग ग
ब , ब ग , , ब ग अ
ग ब ,
(ii) In relation to any other employment, the State Government
अ ग (Central Govt.)
अ ग ब ग ब , , , ब ग
अ (Corporation) ,
ग अ ग , ग
(2) (Remuneration) Sec-2(g)

ग :- 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.
" अ अ
, ग ब ग , ग
अ ब , , "
(3) (Same workor work of asimilar nature) Sec-2(h)
ग "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 women and the differences, if any, between
the skill, effort and responsibility required of a man and those required of women are
not of practical importance in relation to the terms and conditions of employment .

" अ , ब , ,
, ब ,
ब अ , ,
ग ब

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THE EQUAL REMUNERATION ACT, 1976

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अ ग (I.L.O.) अ अ (International Labour

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Firstly, in the International Labor Conference of the International Labor Organization

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1975 अ ग (I.L.O.) अ (Equal

No concrete steps were taken in India to implement the Equal Remuneration

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1975 अ (Equal Remuneratic Ordinance) ग

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(Scope and Coverage)

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(Scope and Coverage)

(ii) ग (Preventor Oscuraton on the

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(iii) To apply the principle of social justice to wage payments as well.

(vi) Elimination of discrimination against women in recruitment, selection, training,

(v) To constitute an advisory committee consisting of at least 50% women members to

(vi) System of inspection to prevent discrimination in wages on the basis of gender.

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(2) No discrimination to be made while

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No discrimination to be made while recruiting men and women workers Sec-5:

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(3) (Advisory Committee)Sec-6

(ii) Advisory Committee 10 ग (Appropriate

(iii) (Advisory Committee) 50% अ ग

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(v) Advisory Committee अ ग

(vi) Advisory Committee ब अ अ

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(4) (Appointment of Authorities) Sec-7

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(i) Authority अ (Officer) ग अ (Labour

(v) - अ ग Civil court

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Appropriate Government will appoint an authority to hear complaints related to

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