Thursday 31 May 2012

MINIMUM WAGES (AMENDMENT) ACT, 2012

ACT XV OF 2012

MINIMUM WAGES (AMENDMENT) ACT, 2012

An Act, further to amend the Minimum Wages Ordinance, 1961

[Gazette of Punjab, Extraordinary 11th February 2012]

No. PAP/Legis-2(90)/2011/528. The Minimum Wages (Amendment) Bill, 2011, originally passed by the Provincial Assembly of the Punjab on the 21st day of December 2011, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 25th day of January 2012. The Bill was again sent to the Governor for assent on the 27th day of January 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act, of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Minimum Wages Ordinance, 1961 (XXXIX of 1961) for purposes hereinafter appearing;

It is enacted as follows:--

1. Short title and commencement.--(1) This Act, may be cited as the Minimum Wages (Amendment) Act, 2012.

(2)  It shall come into force at once.

2. Amendment in Ordinance, XXXIX of 1961.--In the Minimum Wages Ordinance, 1961 (XXXIX of 1961), hereinafter referred to as the said Ordinance, for the words "Provincial Government", wherever occur, the word "Government" shall be substituted.

3. Amendments in Section 1 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 1, in sub-section (2), for the words "the whole", the word "whole" and for the word "Pakistan", the words "the Punjab" shall be substituted.

4. Amendments in Section 2 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 2--

(a)        after clause (5), the following clause shall be inserted:

            "(5a)    "Government" means Government of the Punjab;";

(b)        in clause (6), for the words, comma, figures and brackets "Industrial Relations Ordinance, 1969 (XIII of 1969)", the words "Punjab Industrial Relations Act, 2010 (XIX of 2010)" shall be substituted; and

(c)        in clause (9), in sub-clause (i) for the words "a Provincial Government", the words "the Government" shall be substituted.

5. Amendments in Section 3 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 3, in sub-section (1)--

(i)         for the word "four", the word "five" shall be substituted; and

(ii)        after clause (a), the following clause (aa) shall be inserted:--

            "(aa)     Director Labour Welfare, Punjab;".

6. Amendment in Section 4 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 4, in sub-section (1), the word "Provincial" be omitted.

7. Amendments in Section 9 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 9--

(i)         in sub-section (3), for the words "five hundred", the words "twenty thousand" shall be substituted; and

(ii)        after sub-section (3), the following sub-section (4) shall be inserted:--

            "(4)      Whoever having been convicted of any offence under this section again commits such offence shall be punishable on second or subsequent conviction with imprisonment for a tern which may extend to six months and fine which may extend to fifty thousand rupees."

8. Amendments in Section 9-A of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 9-A:--

(i)         in sub-section (3), for the word "fifty", the words "one thousand" shall be substituted;

(ii)        in sub-section (4), for the word "fifty", the words "one thousand" shall be substituted;

(iii)       in sub-section (6), for the words "District Court", the words "Labour Court established under the Punjab Industrial Relations Act, 2010 (XIX of 2010)" shall be substituted;

(iv)       in sub-section (6), in clause (a), for the words "one hundred", the words "ten thousand" shall be substituted; and

(v)        in sub-section (6), in clause (b), for the word "fifty", the words "five hundred" shall be substituted.

9. Amendment in Section 12 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 12, in sub-section (3), for the words "five hundred", the words "ten thousand" shall be substituted.

10. Amendment in Section 17 of Ordinance, XXXIX of 1961.--In the said Ordinance, in Section 17, in sub-section (3), for the words "five hundred", the words "ten thousand" shall be substituted.

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