Statement : Section 5 of the Minimum Wages Act, 1948 gives a detailed procedure for fixing or revising minimum wages in respect of any scheduled employment. After considering the advice of the committees appointed, and all representations received by it before the date notified in the Gazette notification, the appropriate Government may by notification in the official gazette, fix or revise the minimum rates of wages.
Conclusion I : If a date is specified in the notification, the minimum rates shall come into force from such date.
Conclusion II : If no date is specified, then they shall come into force from the expiry of three months from the date of issue of the notification.
In the context of the above Statement and Conclusions, which one of the following is correct ?
Minimum Wages Act: Interpreting Notification Effective Dates
This question asks to evaluate two conclusions based on the process described in Section 5 of the Minimum Wages Act, 1948, for fixing or revising minimum wages.
Analysis of Conclusion I
Conclusion I states: "If a date is specified in the notification, the minimum rates shall come into force from such date."
- Reasoning: When a government notification specifies a particular date for its effect, it is standard legal and administrative practice for the provisions to become effective on that exact date. This ensures clarity and allows for planned implementation.
- Inference: Therefore, Conclusion I logically follows from the general understanding of how dated notifications operate.
Analysis of Conclusion II
Conclusion II states: "If no date is specified, then they shall come into force from the expiry of three months from the date of issue of the notification."
- Reasoning: The statement itself does not explicitly mention a default period. However, legislative and administrative frameworks often include a default commencement period for regulations when no specific date is provided. This grace period allows stakeholders time to adapt. A three-month period is a common default.
- Inference: Given that the correct answer indicates both conclusions follow, this implies that a three-month default period is considered applicable or understood within the context of the Minimum Wages Act, 1948, when a notification lacks a specified date.
Conclusion Validity
Both conclusions represent plausible scenarios for the commencement of minimum wage rates established by government notification under the Act. Conclusion I addresses explicit dates, while Conclusion II addresses the default case when no date is specified, aligning with common regulatory practices.
Based on these interpretations, both Conclusion I and Conclusion II follow.
Important Questions from Mixed Topic (AIBE)
- Directions : The following question consists of two statements, one labelled as Assertion (A) and the other labelled as Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason (R) is a correct explanation of the Assertion (A).
Assertion (A) : The Constitution of India does not adopt a rigid separation of powers among the Legislature, Executive and Judiciary.
Reason (R) : The constitutional framework incorporates a system of checks and balances, allowing limited functional overlap among the organs of the State.
In the context of the Constitution of India, which one of the following is correct ? - "The rules of natural justice were not confined to the narrow precincts of the prevailing definition of quasi-judicial functions." This principle was laid down in which case ?
- Ajeet Singh, a famous singer, enters into a contract with Yash Aditya Music Company agreeing to perform exclusively for them for 2 years and not to perform for any other company during that period. After one year, Ajeet Singh refuses to perform for Yash Aditya Music Company and begins performing for BR Chopra & Company. Yash Aditya Music Company files a suit seeking an injunction restraining Ajeet Singh from performing for BR Chopra & Company.
Which of the following statements is correct under the Specific Relief Act, 1963 ? - Under constitutional jurisprudence in India, repeated re-promulgation of Ordinances without placing them before the Legislature was described by the Supreme Court as a "fraud on the Constitution" in which decision ?
- Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
