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Section 26, Minimum Wages Act, 1948: Exemptions & Exceptions

Section 26 (Exemptions and exceptions) of the Minimum Wages Act, 1948, reads as follows:—

(1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that subject to such conditions and for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.

(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area or to any establishment or a part of any establishment in a scheduled employment, it is not necessary to fix minimum wages in respect of such employees of that class or in respect of employees in such establishment or such part of any establishment as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.

(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.

Explanation.—In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister.





Extra Notes for Readers

(1) Sub-section (2A) was inserted by Act 26 of 1954, s. 5.

(2) The followings were inserted by Act 30 of 1957, s. 15 :

- In sub-section (2), the words "subject to such conditions and" ;

- In sub-section (2A), the words "or to any establishment or a part of any establishment in a scheduled employment" and the words "or in respect of employees in such establishment or such part of any establishment".





The page was last updated on 31st December, 2017.

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