The Equal Remuneration Act, 1976

(1) This Act may be called the Equal RemunerationAct, 1976. (2) It extends to the whole of India. (3) It shall come into force on such date1, not being later than three years from the passing of this Act,as the Central Government may, by notification, appoint and different dates may be appointed fordifferent establishments or employments.

In this Act, unless the context otherwise requires,-- (a) "appropriate Government" means,-- (i) in relation to any employment carried on by or under the authority of the CentralGovernment or a railway administration, or in relation to a banking company, a mine, oilfield ormajor port or any corporation established by or under a Central Act, the Central Government, and (ii) in relation to any other employment, the State Government; (b) "commencement of this Act" means, in relation to an establishment or employment, the dateon which this Act comes into force in respect of that establishment or employment; (c) "employer" has the meaning assigned to it in clause (f) of section 2 of the Payment of GratuityAct, 1972 (39 of 1972); (d) "man" and "woman" mean male and female human beings, respectively, of any age; (e) "notification" means a notification published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "remuneration" means the basic wage or salary, and any additional emoluments whatsoeverpayable, either in cash or in kind, to a person employed in respect of employment or work done insuch employment, if the terms of the contract of employment, express or implied, were fulfilled; (h) "same work or work of a similar nature" means work in respect of which the skill, effort andresponsibility required are the same, when performed under similar working conditions, by a man or awoman and the differences, if any, between the skill, effort and responsibility required of a man andthose required of a woman are not of practical importance in relation to the terms and conditions ofemployment; (i) "worker" means a worker in any establishment or employment in respect of which this Act hascome into force; (j) words and expressions used in this Act and not defined but defined in the Industrial DisputesAct, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.

The provisions of this Act shall have effect notwithstandinganything inconsistent therewith contained in any other law or in the terms of any award, agreement orcontract of service, whether made before or after the commencement of this Act, or in any instrumenthaving effect under any law for the time being in force.

(1) No employer shall pay to any worker, employed by him in anestablishment or employment, remuneration, whether payable in cash or in kind, at rates less favourablethan those at which remuneration is paid by him to the workers of the opposite sex in such establishmentor employment for performing the same work or work of a similar nature. (2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce therate of remuneration of any worker. (3) Where, in an establishment or employment, the rates of remuneration payable before thecommencement of this Act for men and women workers for the same work or work of a similar nature aredifferent only on the ground of sex, then the higher (in cases where there are only two rates), or, as thecase may be, the highest (in cases where there are more than two rates), of such rates shall be the rate atwhich remuneration shall be payable, on and from such commencement, to such men and womenworkers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rateof remuneration payable to him or her with reference to the service rendered by him or her before thecommencement of this Act.

On and from thecommencement of this Act, no employer shall, while making recruitment for the same work or work of asimilar nature, 1[or in any condition of service subsequent to recruitment such as promotions, training ortransfer,] make any discrimination against women except where the employment of women in such workis prohibited or restricted by or under any law for the time being in force: Provided that the provisions of this section shall not affect any priority or reservation for ScheduledCastes or Scheduled Tribes, ex-servicemen, retrenched employees or any other class or category ofpersons in the matter of recruitment to the posts in an establishment or employment.