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  "title": "PUNJAB MINIMUM WAGES ACT 2019",
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  "text": "THE PUNJAB MINIMUM WAGES ACT 2019 \r\n (XXVIII of 2019) \r\nCONTENTS \r\n1. Short title, extent, application and commencement \r\n2. Definition \r\n3. Establishment of Minimum Wages Board \r\n4. Recommendation of minimum wages for unskilled adult and adolescent \r\n workers \r\n5. Recommendation of minimum rates of wages for workers with respect to \r\n particular industry or Establishment \r\n6. Power to declare minimum rates of wages \r\n7. Periodical review of minimum rates of wages \r\n8. Powers of Board to collect information \r\n9. Powers of the Board to collect evidence \r\n10. Officers etc., deemed to be public servants \r\n11. Prohibition to pay wages at a rate below the minimum rates of wages \r\n12. Claims arising out of wages paid lower than the minimum wages and \r\n penalty for malicious or vexatious claims \r\n13. Appeal \r\n14. Powers of the Authority \r\n15. Inspector \r\n16. Powers of Inspector \r\n17. Indemnity \r\n18. Cognizance of offences \r\n19. Penalty \r\n \r\n \r\n20. Removal of difficulties \r\n21. Protection against discrimination \r\n22. Power to make rules \r\n23. Repeal and Savings \r\n  \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MINIMUM WAGES ACT 2019 \r\n (XXVIII of 2019) \r\n    [13th December, 2019] \r\nAn \r\nAct \r\nto consolidate the laws regulating minimum rates of wages for workers of various \r\ncategories. \r\nIt is necessary to consolidate various laws which fix and provide for regulation of \r\nminimum rates of wages for unskilled and different categories of skilled workers \r\nemployed in an industry, industrial and commercial establishments and for matters \r\nconnected therewith and ancillary thereto; \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent, application and commencement . (1) This Act may be \r\ncited as the Punjab Minimum Wages Act 2019. \r\n (2) It shall extend to whole of the Punjab. \r\n(3) It shall apply to all industrial and commercial establishments in the \r\nPunjab. \r\n (4) It shall come into force at once. \r\n2. Definition. (1) In this Act, unless there is anything repugnant in the subject \r\nor context: \r\n(a) “Act” means the Punjab Minimum Wages Act 2019; \r\n(b) “adolescent” means a person who has c ompleted fourteenth year of \r\nage but has not completed eighteenth year of his age; \r\n(c) “adult” means a person who has completed eighteenth year of age; \r\n(d) “Authority” means the Authority constituted under the Payment of \r\nWages Act, 1936 (IV of 1936); \r\n(e) “Board” means the Minimum Wages Board established under section 3 \r\nof the Act; \r\n(f) “Chairman” means Chairman of the Board; \r\n(g) “commercial establishment” means an establishment in which the \r\nbusiness of advertising, commission or forwarding is conducted, or \r\nwhich is a commercial agency, and includes a clerical department of a \r\nfactory or of any industrial or commercial undertaking, the office \r\nestablishment of a person who for the purpose of fulfilling a contract \r\nwith the owner of any commercial establishment or industrial \r\nestablishment employs worker, a unit of a joint stock company, an \r\ninsurance company, a banking company or a bank, a broker’s office or \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 2 0 November 2019; assented to by the Governor of the Punjab \r\non 10 December 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 13 December 2019, pp.2561-2568 \r\n \r\n \r\nstock-exchange, a shop, a club, a hotel, a restaurant or an eating \r\nhouse, a cinema or theater, private educati onal institutions, private \r\nhealth institutions and hospitals, clinical laboratories, private security \r\nagencies, other establishment or class thereof which run on \r\ncommercial and profit basis, and such other establishment or class \r\nthereof, as Government may,  by notification in the official Gazette, \r\ndeclare to be a commercial establishment for the purposes of this Act \r\nand includes: \r\n(a) a society registered under the Societies Registration Act, 1860 \r\n(XXI of 1860); \r\n(b) a voluntary social welfare organization; and  \r\n(c) a charitable institution or a trust, whether registered or not, \r\nwhich carries on, whether for purposes of gain or not, any \r\nbusiness, trade or profession, or any work in connection with or \r\nincidental or ancillary thereto; \r\n(h) “construction industry” means an industry engaged in the construction, \r\nreconstruction, maintenance, repair, alteration or demolition of any \r\nbuilding, railway, tramway, harbor, dock, pier, canal, inland waterway, \r\nroad, tunnel, bridge, dam,  viaduct, sewer, drain, water work, well, \r\ntelegraphic or telephonic installation, electrical undertaking, gas work, \r\nor other work of construction as well as the preparation for, or laying \r\nthe foundations of, any such work or structure; \r\n(i) “employer” means a person owning or having charge of the business of \r\nan industrial or commercial establishment and includes an agent or \r\nmanager or any other person acting on behalf of such person in the \r\ngeneral management or control of such establishment; \r\n (j) “Government” means Government of the Punjab; \r\n(k) “Industrial Establishment” means: \r\n(a) a workshop or other establishment in which the work of making, \r\naltering, repairing, ornamenting, finishing or packing or \r\notherwise treating an article or substance with a view to i ts use, \r\nsale, transport, delivery or disposal is carried out, or where any \r\nsuch service is rendered to a customer or client and any other \r\nestablishment which Government may, by notification in the \r\nofficial Gazette, declare to be an industrial establishment; \r\n(b) a factory; \r\n(c) an establishment of a contractor, who directly or indirectly, \r\nemploys persons to do any skilled or unskilled, manual or \r\nclerical labour for hire or reward in connection with execution of \r\na contract, to which he is a party, and includes  premises in \r\nwhich, or the site at which, any process connected with \r\nexecution is carried on; \r\n Explanation.- Contractor includes a sub -contractor, \r\nheadman, middleman or agent; and \r\n \r\n \r\n(d) an establishment or a person, who directly or indirectly, employs \r\nworkers in connection with any construction work or industry and \r\nroad transport service; \r\n(l) “Industry” means any business, trade, manufacturing, calling, service, \r\nemployment or occupation of producing goods or services for sale; \r\n(m) “member” means a member of the Board; \r\n(n) “minimum wages” means rates of wages notified under the Act; \r\n(o) “prescribed” means prescribed by rules; \r\n(p) “Road Transport Service” means a service carrying passengers or \r\ngoods or both by road in vehicles for hire or reward; \r\n(q) “rules” mean rules made under this Act; \r\n(r) “unskilled worker” means a worker, whether adult or adolescent \r\nemployed in an industrial or commercial establishment to do unskilled \r\nlabour; \r\n(s) “wages” means all remuneration capable of being expressed in terms \r\nof money, which would, if the terms of contract of employment, express \r\nor implied, were fulfilled, be payable to a person employed in respect of \r\nhis employment or of work done in such employment, but does not \r\ninclude: \r\n(a) any contribution paid by the employer in resp ect of such person \r\nunder any scheme of social insurance or to a pension fund or \r\nprovident fund; \r\n(b) any travelling allowance or the value of any travelling \r\nconcession; \r\n(c) any sum paid to such person to defray special expenses \r\nincurred by him in respect of his employment; \r\n(d) any sum paid as statutory bonus or otherwise; \r\n(e) any gratuity payable on discharge; \r\n(f) any sum paid as share in the profit as per provisions of the \r\nCompanies Profits (Workers Participation) Act, 1968 (XII of \r\n1968); or \r\n(g) any sum paid as reward or award and any facility granted or any \r\nsum in lieu thereof paid on special occasion or performance; \r\nand \r\n(t) “worker” means any person including an apprentice emp loyed in any \r\nindustry, industrial or commercial establishment to do any unskilled, \r\nskilled, manual, clerical, technical, intellectual or any other work for hire \r\nor reward but does not include the persons employed in coal mines in \r\nrespect of whom minimum wa ges may be fixed under the Coal Mines \r\n(Fixation of Rates of Wages) Ordinance, 1960 (XXXIX of 1960). \r\n (2) Expressions used in this Act but not defined herein shall have the \r\nsame meanings, as assigned to them in the Factories Act, 1934 (XXV of 1934) and \r\nPunjab Shops and Establishments Ordinance, 1969 (VIII of 1969). \r\n \r\n \r\n \r\n3. Establishment of Minimum Wages Board. (1) As soon as may be \r\nafter the commencement of this Act, the Government shall establish a Minimum \r\nWages Board consisting of the following members to be appointed by it, namely: \r\n(a) Chairman of the Board; \r\n(b) Director General Labour Welfare, Punjab; \r\n(c) Mines Labour Welfare Commissioner, Punjab; \r\n(d) Representative of Finance Department not below the rank of \r\nDeputy Secretary; \r\n(e) Representative of Industrie s, Commerce and Investment \r\nDepartment not below the rank of Deputy Secretary; \r\n(f) one independent member; \r\n(g) three members to represent the employers including one \r\nwoman; and \r\n(h) three members to represent the workers including one woman. \r\n (2) For the pur pose of performing the functions of the Board specified in \r\nSection 5, it shall co-opt the following two additional members as and when required: \r\n(i) one member to represent the employers connected with the \r\nindustry concerned; and \r\n(ii) one member to represent the workers engaged in such industry. \r\n (3) The Chairman and the independent member shall be appointed from \r\npersons with adequate knowledge of labour  issues and economic conditions in the \r\nProvince, who are not connected with any industry or associated with any employers’ \r\nor workers’ organization. \r\n (4) The members to represent the employers of the Province and the \r\nmembers to represent the workers of the  Province under subsection (1) shall be \r\nappointed after considering nominations, if any, of such organizations as \r\nGovernment considers most representative organizations of such employers and \r\nworkers respectively.  \r\n (5) The members to represent the employer s connected with and the \r\nworkers engaged in the industry concerned under subsection (2), shall be appointed \r\nafter considering nominations, if any, of such organizations as Government \r\nconsiders most representative organizations of such employers and workers  \r\nrespectively. \r\n (6) The term of office of the Chairman and the members, the manner of \r\nfilling casual vacancies therein, the appointment of its committees, if any, the \r\nprocedure and conducting of meetings of the Board and its committees and all \r\nmatters conn ected therewith, including the fees and allowances to be paid for \r\nattending such meetings, and other expenses, including expenses for the services of \r\nexperts and advisors obtained by the Board, shall be such as may be prescribed. \r\n \r\n \r\n \r\n4. Recommendation of minimum wages for unskilled adult and adolescent \r\nworkers. (1) The Board shall, upon a reference made to it by the Government, \r\nrecommend to the Government, after such enquiry as the Board thinks fit, the \r\nminimum rates of wages for unskilled adult and adolescen t workers employed in \r\nindustrial and commercial establishments in the Province. \r\n (2) In its recommendations under subsection (1), the Board shall indicate, \r\nwhether the minimum rates of wages should be adopted uniformly throughout the \r\nProvince or with such local variations for such localities as are specified therein. \r\n \r\n5. Recommendation of minimum rates of wages for workers with respect to \r\nparticular industry or Establishment. (1) Where in respect of any particular \r\nindustry industrial or commercial establis hment for which no adequate machinery \r\nexists for effective regulation of wages, the Government is of the opinion that, having \r\nregard to the wages of the workers employed in the industrial and commercial \r\nestablishments engaged in such industry, industrial o r commercial establishment, it \r\nis expedient to fix the minimum rates of wages of such workers, it may direct the \r\nBoard to recommend, after such enquiry as the Board may deem fit, the minimum \r\nrates of wages either for all such workers or for such of them as  are specified in the \r\ndirection. \r\n (2) In pursuance of a direction under subsection (1), the Board may, \r\nrecommend minimum rates of wages for all classes of workers, in any category or \r\ngrade and, in such recommendation, may specify: \r\n(a) the minimum rates of wages for- \r\n (i) time work; and  \r\n (ii) piece work; \r\n(b) the minimum rates for workers employed on piece work so as to \r\nguarantee minimum wages on a time basis for such workers. \r\n (3) The time rates recommended by the Board may be on hourly, daily, \r\nweekly or monthly basis. \r\n \r\n6. Power to declare minimum rates of wages. (1) Upon receipt of a \r\nrecommendation of the Board under sections 4 and 5, the Government may: \r\n(a) by notification in the official Gazette, declare that the minimum \r\nrates of wages recommended by the  Board for various \r\ncategories of workers shall, subject to such exceptions as may \r\nbe specified in the notification, be the minimum rates of wage, \r\nfor such workers; and \r\n(b) if it considers that the recommendation is not in any respect, \r\nequitable to the empl oyers or the workers, within thirty days of \r\nsuch receipt, refer it back to the Board for reconsideration with \r\nsuch comments thereon and giving such information relating \r\nthereto as the Government may deem fit to make or give. \r\n (2) Where a recommendation is referred back to the Board under clause \r\n(b) of subsection (1), the Board shall reconsider it after taking into account the \r\n \r\n \r\ncomments made and information given by the Government and if necessary, shall \r\nhold further enquiry and shall submit to the Government: \r\n(a) a revised recommendation; and  \r\n(b) if it considers that no revision or change in the recommendation \r\nis called for, make report to that effect stating reasons therefor. \r\n (3) Upon receipt of the recommendation of the Board under subsection (2), \r\nthe Government may by notification in the official Gazette declare that the minimum \r\nrates of wages recommended under that subsection by the Board for various \r\nworkers shall subject to such modifications and exceptions as may be specified in \r\nthe notification, be the minimum rates of wages for such workers. \r\n (4) Unless any date is specified for the purpose in the notification under \r\nsubsection (1) or subsection (3), the declaration thereunder shall take effect on the \r\ndate of publication of such notification. \r\n (5) Where after the publication of a notification under subsection (1) or \r\nsubsection (3) or after the minimum rates of wages declared thereunder have taken \r\neffect, it comes to the notice of the Government that there is a mistake in the \r\nminimum rates of wages so de clared, or that any such rate is inequitable to the \r\nemployers or the workers, it may refer the matter to the Board and any such \r\nreference shall be deemed to be a reference under subsection (2). \r\n (6) The minimum rates of wages declared under this section sh all be final \r\nand shall not in any manner be questioned by any person in any Court or before any \r\ncompetent authority. \r\n \r\n7. Periodical review of minimum rates of wages. (1) The Board may review \r\nits recommendations, if any change in the economic conditions and cost of living and \r\nother relevant factors so demand, and recommend to the Government any \r\namendment, modification or revision of the minimum rates of wages declared under \r\nsection 6: \r\n Provided that no recommendation shall be reviewed earlier than one year \r\nfrom the date on which it was made, unless the special circumstances of a case so \r\nrequire: \r\n Provided further that notwithstanding provisions of subsection (1), such \r\nrecommendations shall be reviewed not later than three years in any case. \r\n (2) Review and recommendation under this section shall be deemed to be \r\nan enquiry and recommendation under section 4 or as the case may be under \r\nSection 5, and, so far as may be, the provisions of this Act shall, to such review and \r\nrecommendation, apply accordingly. \r\n8. Powers of Board to collect information . (1) The Board, or the Chairman \r\nmay, as the case may be, for the purpose of an enquiry under the Act or the rules \r\nmade thereunder, direct any employer to furnish such records, documents or \r\ninformation and do such other  acts as the Board, or the Chairman may, as the case \r\nmay be, require, and every such employer shall comply with such direction. \r\n \r\n \r\n (2) The Chairman and such members, officers and servants thereof as are \r\nauthorized in this behalf by the Chairman, may, for the  discharge of any function \r\nunder this Act or the rules, made thereunder: \r\n(a) enter, at all reasonable times, any industrial or commercial \r\nestablishment; \r\n(b) inspect any book, register and other documents relating to such \r\nindustrial or commercial establishment; and \r\n(c) record statements of persons connected with the working of such \r\nindustrial or commercial establishment: \r\n Provided that no one shall be required under this clause to answer any \r\nquestion tending to criminate himself. \r\n (3) Any employer, who contr avenes the provisions of subsection (1), and \r\nany person who willfully obstructs anyone in the exercise of any power under \r\nsubsection (2), or fails to produce on demand thereunder any book, register or other \r\ndocuments, shall be punishable with fine which ma y extend to twenty thousand \r\nrupees. \r\n \r\n9. Powers of the Board to collect evidence. The Board shall, while holding \r\nan enquiry under this Act or the rules, be deemed to be a Civil Court and shall have \r\nthe same powers as are vested in such Courts under the Code of Civil Procedure, \r\n1908 (Act V of 1908), in respect of the following matters, namely: \r\n(a) enforcing the attendance of any person and examining him on oath; \r\n(b) compelling the production of documents and material objects; and \r\n(c) issuing commissions for the examination of witnesses. \r\n \r\n10. Officers etc., deemed to be public servants. The Chairman, the members, \r\nthe officers and servants thereof, shall all be deemed to be public servants within the \r\nmeaning of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\n \r\n11. Prohibition to pay wages at a rate below the minimum rates of wages . \r\n(1) Subject to such deductions as may be authorized under this Act or under any \r\nother law for the time being in force, no employer shall pay any worker including \r\nunskilled worker, the wages at a rate lower than the rate declared under this Act to \r\nbe the minimum rate of wages for such worker. \r\n (2) Nothing in subsection (1) shall be deemed to: \r\n(a) require or authorize an employer to reduce the rate of wages of \r\nany worker; or \r\n(b) affect, in any way, the right of a worker to continue to receive \r\nwages at a rat e higher than the minimum rate declared under \r\nthis Act if, under any agreement, contract or award, or as a \r\ncustomary differential, or otherwise, he is entitled to receive \r\nwages at such higher rate, or to continue to enjoy such \r\namenities and other advantage s as are customary for such \r\nworker to enjoy; and \r\n \r\n \r\n(c) affect the provisions of the Payment of Wages Act, 1936 (IV of \r\n1936). \r\n (3) Any employer who contravenes the provisions of this section shall be \r\npunishable with imprisonment for a term which may extend to  six months or with fine \r\nwhich may extend to twenty five thousand rupees but shall not be less than five \r\nthousand rupees or with both, in addition to payment of sum not less than the \r\ndifference in wages actually paid to the worker and the amount which woul d have \r\nbeen paid to him had there been no such contravention. \r\n \r\n12. Claims arising out of wages paid lower than the minimum wages and \r\npenalty for malicious or vexatious claims . (1) The Authority shall hear and \r\ndecided all claims arising out of payment of wages lower than the minimum wages to \r\na worker including unskilled worker in that area, whose minimum rates of wages \r\nhave been declared under the provisions of this Act. \r\n (2) Where contrary to the provisions of this Act, wages of any worker \r\nincluding unskil led worker have been paid lower than the minimum wages, such \r\nworker himself or through any other person or any legal practitioner or any office \r\nbearer of a registered trade union duly authorized in writing to act on his behalf, or \r\nany Inspector under this Act after prior approval of Director Labour Welfare to whom \r\nhe is subordinate, may within six months from the day on which such payment was \r\nto be made, apply to the Authority having jurisdiction, for an order directing the \r\npayment to him of such wage differential: \r\n Provided that any such application may be admitted after the said period of \r\nsix months but not later than one year from the date on which the payment was to be \r\nmade, if the applicant satisfies the Authority that he had sufficient cause for not \r\nmaking the application within such period. \r\n (3) When any application under subsection (2) is entertained, the Authority \r\nshall hear the applicant and the employer or other person responsible for the \r\npayment of wages alleged to have been less paid or give them  an opportunity of \r\nbeing heard and after such further inquiry, if any, as may be necessary may, without \r\nprejudice to any other penalty to which such employer or other person may be liable \r\nunder section 11 or any other law for the time being in force direct  the employer or \r\nsuch other person to make payment to the applicant of the wage differential which \r\nhave been withheld, delayed or not paid, together with such penalty, not exceeding \r\nten thousand rupees, as the authority may fix: \r\n Provided that no direction  for the payment of a penalty shall be made in the \r\ncase of delayed or less payment of wages, if the Authority is satisfied that the delay \r\nwas due to: \r\n(a) A bona fide error or bona fide dispute as to the amount payable \r\nto the worker; \r\n(b) The occurrence of any emergency or the existence of such \r\nexceptional circumstances that the person responsible for the \r\npayment of the wages was unable to make prompt payment; \r\nand \r\n(c) The fault of the worker. \r\n \r\n \r\n(4) If the Authority hearing any application under this section is satisfi ed \r\nthat no amount to be paid as wages is due from the employer or other person \r\nresponsible for the payment of wages to the applicant, it shall reject the application; \r\nand if the application, in the opinion of the Authority, is malicious or vexatious, the \r\nauthority when rejecting it, may direct the applicant to pay a penalty not exceeding \r\none thousand rupees to the employer or other person responsible for the payment of \r\nwages. \r\n(5) Any amount directed to be paid under this section may be recovered: \r\n(a) if the authority is a Magistrate, by the authority as if it were a fine \r\nimposed by him as Magistrate, and \r\n(b) if the authority is not a Magistrate, by the authority as an arrear \r\nof land-revenue, or in the prescribed manner, by the authority by \r\ndistress and sale of the moveable property belonging to the \r\nperson by whom the amount is to be recovered, or by \r\nattachment and sale of the immoveable property belonging to \r\nsuch person. \r\n \r\n13. Appeal. (1) An appeal against a direction or order passed under subsection \r\n(3) or s ubsection (4) of Section 12 may be referred to the Labour Court established \r\nunder the Punjab Industrial Relation Act, 2010 ( XIX of 2010) within thirty days of the \r\ndate on which the direction was made or order was passed: \r\n(a) by the employer or other person  responsible for the payment of \r\nwages, if the amount directed to be paid as wages exceeds \r\ntwenty thousand rupees: \r\n provided that no appeal under this clause shall lie unless the \r\nmemorandum of appeal is accompanied by a certificate of the \r\nauthority to the effect that the appellant has deposited with the \r\nauthority the amount payable under the direction appealed \r\nagainst; \r\n(b) by a worker, if the total amount of wages claimed to have been \r\nwithheld from him exceeds rupees five thousand; and  \r\n(c) by the person directed under subsection (4) of section 12 to pay \r\na penalty. \r\n (2) If there is no appeal, the direction or order of the Authority made under \r\nsubsection (3) or subsection (4) of Section 12 and where there is an appeal as \r\nprovided in subsection (1), the decisi on in appeal, shall be final and shall not in any \r\nmanner be questioned by any person in any court or before any authority. \r\n \r\n14. Powers of the Authority. Every Authority appointed under subsection (1) of \r\nSection 12 shall, for the purposes of determining an y matter referred to in subsection \r\n(3) or subsection (4) of Section 12: \r\n(a) have all the powers of a Civil Court under the Code of Civil Procedure, \r\n1908 ( V of 1908 ), for the purposes of enforcing the attendance of \r\nwitnesses, compelling the production of do cuments, and the taking of \r\nevidence; and \r\n \r\n \r\n(b) be deemed to be a Civil Court for all the purposes of section 195 and \r\nChapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898). \r\n \r\n15. Inspector. (1) The Government may, by notification in the official Gazette, \r\nappoint such persons as it thinks fit to be Inspectors for the purposes of this Act \r\nwithin such local limits and class of industrial or commercial establishments as it may \r\nassign to them in this respect. \r\n (2) The Inspector appointed under subsecti on (1) shall be deemed to be a \r\npublic servant within the meaning of Pakistan Penal Code 1860 ( XLV of 1860 ) and \r\nshall be officially subordinate to such Authority as the Government may specify in \r\nthis behalf. \r\n \r\n16. Powers of Inspector. Subject to any rules m ade by the Government in this \r\nbehalf, an Inspector may, within the local limits for which he is appointed: \r\n(a) enter, with such assistants, if any, being persons in the service of the \r\nstate or of any municipal or other public authority, as he thinks fit, a ny \r\nplace which is, or which he has reason to believe to be, used as an \r\nindustrial or commercial establishment; \r\n(b) make such examination of the premises and of any prescribed \r\nregisters, and take on the spot or otherwise such evidence of any \r\npersons as he m ay deem necessary for carrying out the purposes of \r\nthis Act; and \r\n(c) exercise such other powers as may be necessary for carrying out the \r\npurposes of this Act: \r\n Provided that no one shall be required under this section to answer any \r\nquestion or give any evidence tending to criminate himself. \r\n \r\n17. Indemnity. No suit, prosecution or other legal proceedings shall lie against \r\nany person for anything which is done or intended to be done in good faith under the \r\nAct. \r\n \r\n18. Cognizance of offences . (1) No prosecutio n under this Act shall be \r\ninstituted except by or with the previous sanction of Inspector. \r\n (2) No Court inferior to that of a Magistrate First Class shall take \r\ncognizance of an offence punishable under the Act or the rules made thereunder. \r\n \r\n19. Penalty. Whoever: \r\n(i) willfully obstructs an Inspector in the exercise of any powers under this \r\nAct and the rules made thereunder, or fails to produce on demand by \r\nan Inspector any register or other document in his custody, or conceals \r\nor prevents any worker in an industrial or commercial establishment \r\nfrom appearing before or being examined by an Inspector, shall be \r\npunishable with a fine which may extend to twenty thousand rupees but \r\nshall not be less than five thousand rupees; \r\n \r\n \r\n(ii) contravenes any other section o f this Act, for which a specific penalty \r\nhas not been prescribed, shall be punishable with a fine which may \r\nextend to twenty thousand rupees but shall not be less than five \r\nthousand rupees; and \r\n(iii) after having been convicted previously under this Act sh all on \r\nsubsequent offence under this Act, be punishable with simple \r\nimprisonment for a term which may extend to six months but shall not \r\nbe less than seven days or with a fine which may extend to fifty \r\nthousand rupees but not less than twenty thousand rupe es or with \r\nboth. \r\n \r\n20. Removal of difficulties . If any difficulty arises, in giving effect to any \r\nprovisions of this Act, the Government may, by notification in the official Gazette, \r\nmake such order, not inconsistent with the provisions of this Act, as may  appear to it \r\nto be necessary for the purpose of removing the difficulty within a period of two years \r\nfrom the commencement of the Act. \r\n \r\n21. Protection against discrimination. No discrimination shall be made on the \r\nbasis of religion, sex, political affiliation, sect, colour, caste, creed, ethnic background \r\nin considering and disposing of issue relating to the enforcement of this Act. \r\n \r\n22. Power to make rules . (1) Subject to the  provisions of the Act, the \r\nGovernment may make rules to carry out the purposes of the Act. \r\n (2) Rules made under this section may provide that any contravention \r\nthereof shall be punishable with fine not exceeding ten thousand rupees. \r\n \r\n23. Repeal and Savings. (1) The Minimum Wages Ordinance, 1961 ( XXXIX of \r\n1961), the West Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969 \r\n(XX of 1969), the Employees Cost of Living Allowance (Relief) Act, 1973 ( I of 1974), \r\nthe Punjab Employees Special Allowan ce (Payment) Act, 1988 ( II of 1989 ) are \r\nhereby repealed. \r\n (2) Notwithstanding the repeal of Acts and Ordinances under subsection \r\n(1), hereinafter referred to as the repealed Acts and Ordinances: \r\n(a) anything done, action taken, rules made, and notification  or \r\norder issued under the repealed Acts and Ordinances, shall, so \r\nfar as it is not inconsistent with the provisions of this Act, be \r\ndeemed to have been done, taken, made or issued, appointed, \r\nconstituted, given, commenced or taken, under this Act, and \r\nshall have effect accordingly; and \r\n(b) any reference to the repealed Acts and Ordinances, shall be \r\nconstrued as reference to the corresponding provisions of this \r\nAct.",
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