Khyber Pakhtunkhwa government introduces bill to regulate minimum rates of wages, allowances

The provincial government of Khyber Pakhtunkhwa has introduced a Bill in the provincial assembly to regulate minimum rates of wages and various allowances for different categories of workers employed in certain industrial and commercial undertakings and establishment in the wake of the devolution of labour laws to the province after the 18th Constitutional Amendment 2010.
Under the Act to be called the Khyber Pakhtunkhwa Minimum Wages Act, 2013, the government will establish a Minimum Wages Board for the province consisting of four members and a chairman. The chairman and the members to be appointed by the provincial government will be included one independent member, one member to represent the employees of the province, one member to represent the employees connected with the industry or trade concerned, one member to represent workers engaged in such industry or trade.
The board, shall, upon a reference made to it by government, recommend to government, after such enquiry as the board may deem fit, minimum rates of wages for adult, skilled and unskilled workers and juvenile and adolescent workers employed in industrial establishments or commercial establishments or both in the province.
In its recommendations under sub-section (1) the board shall indicate, whether the minimum wages should be adopted uniformly throughout the province or with such local variations and for such localities as specified therein. On receipt of the recommendation of the board under Section-4 or Section-5, government may by notification in the official gazette, declare that the minimum rates of wages recommended by the board for, the various workers shall, subject to such exceptions as may be specified in the notification, be the minimum rates or wages, for such workers; or if it considers that the recommendation is not, in any respect, equitable to the employers or the workers, within 30-day of such receipt, refer it back to the board for reconsideration with such comments thereon and giving such information relating thereto as government may deem fit to make or give.
The minimum rates of wages declared under this section shall be final and shall not in any manner be questioned by any person in any court or before any competent authority.
The board can also review its recommendations while taking into consideration the economic conditions an cost of living and other relevant factors so demand, and recommend to government any amendment, modification or revision of the minimum rates of wages declared under Section-6 of the Act.
Under the Act deductions other those authorised under the law or any other law for the time being in force, no employer shall pay any worker wages at a rate lower than the rate declared under this Act to be the minimum rates of the wages for such worker. Any employer who contravenes the provisions of this Act shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to Rs 20,000, but not less than Rs 5,000 or with both, in addition to payment of sum not less than the difference in wages actually paid to the worker and the amount, which would have been paid to him had there been no such contravention.
The government may, by notification appoint inspectors for keeping check on the implementation of the minimum rates of wages. Any employer, whoever wilfully obstructs an inspector in exercise of any power under this Act and the rules made there under, or fails to produce on demand b an inspector any register or other document in his custody, or conceal or prevents any worker in an establishment from appearing before or being examined by an inspector, shall be punishable with imprisonment for a term, which may extend to one month or with fine which may extend to Rs 50,000, but shall not less than Rs 10,000 or with both.
In case of subsequent offence, after having been convicted previously, shall be punishable with simple imprisonment for a term which may extend to six months, but shall not be less than seven days or with then thousand a fine which may extend to Rs 50,000 or with both. Similarly, whosoever contravenes any other section of this Act or with rules, for which specified penalty has not been prescribed, shall be punishable with a fine which may extend to Rs 20,000, but shall not be less than Rs 5,000, and in case of subsequent offence, after having been convicted previously, shall be punishable with fine which may extend to Rs 50,000, but shall not be less than Rs 10,000. The board or the chairman may for the purpose of enquiry direct any employer to furnish such records, documents or information and do such other acts as the board, or the chairman may, as the case may be, require, and every such employer shall comply with such directions.
The board shall, while holding an enquiry under this Act or the rules, be deemed to be Civil Court and shall have the same powers as are vested in such courts under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of enforcing the attendance of any person and examining him on oath, compelling the production of documents and material objects; and issuing commissions for the examination of witnesses. The Act strictly prohibit discrimination on the basis of sex, religion, political affiliation, sect, colour, caste, creed, ethnic background in considering and disposing of issues relating to the enforcement of this Act.