Maternity, Gratuity & Wages Acts — Set 13
Labour Laws · प्रसूति, ग्रेच्युटी और मजदूरी अधिनियम · Questions 121–130 of 160
The Minimum Wages Act, Factories Act and other labour laws are in which List of the Constitution of India?
Correct Answer: C. Concurrent List
Labour is a Concurrent List subject under the Constitution of India (Entry 22 of the Concurrent List). This means both the Central Government and State Governments have the power to legislate on labour matters. The Factories Act, Minimum Wages Act, Payment of Wages Act, Payment of Gratuity Act, and Maternity Benefit Act are all Central Acts but States can also enact their own laws on these subjects. In case of conflict, Central law prevails.
What is the key reform introduced by the Four Labour Codes of 2020?
Correct Answer: B. Consolidation of 44 central labour laws into 4 codes
The Four Labour Codes of 2020 consolidated 44 central labour laws into four comprehensive codes: (1) Code on Wages 2019, (2) Industrial Relations Code 2020, (3) Code on Social Security 2020, and (4) Occupational Safety, Health and Working Conditions Code 2020. This rationalization simplifies compliance, reduces multiplicity of legislation, and modernizes India's labour regulatory framework. However, implementation is pending in most states.
Under the Payment of Bonus Act, who is responsible for maintaining registers and records?
Correct Answer: B. Employer
Under Section 26 of the Payment of Bonus Act, every employer shall maintain such accounts and other documents as may be prescribed for the purpose of computing allocable surplus and bonus payable. The employer must allow the Inspector to examine these records. Non-maintenance of records is a punishable offence. These records help in transparency and enforcement of bonus payment obligations.
Under the Minimum Wages Act, the appropriate government is defined as?
Correct Answer: C. Central Government for central sphere and State Government for state sphere
The correct answer is Central Government for central sphere and State Government for state sphere. Under the Minimum Wages Act, the 'appropriate government' means the Central Government in relation to any scheduled employment carried on by or under the authority of the Central Government, and the State Government in relation to any other scheduled employment. This division of responsibility ensures that the appropriate authority fixes minimum wages based on local conditions and economic factors. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the EPF Act, the interest rate on EPF deposits is declared by which body?
Correct Answer: B. Central Board of Trustees
The interest rate on EPF deposits is recommended by the Central Board of Trustees of the EPFO (Employees' Provident Fund Organisation) and notified by the Central Government. The interest is credited at the end of each financial year. The EPF interest rate has historically been between 8% and 9%. The interest on EPF is exempt from tax if the total employee's contribution in a year does not exceed Rs. 2.5 lakhs.
The Payment of Wages Act 1936 was primarily enacted during which period?
Correct Answer: B. During British colonial rule
The Payment of Wages Act was enacted in 1936 during the British colonial period when India was still under British rule. It was enacted to address the widespread exploitation of Indian workers through delayed wages and illegal deductions. The Act was part of a series of labour legislation enacted during this period to improve workers' conditions. It continues to be a vital labour protection statute even today.
Under the Maternity Benefit Act, which section deals with the prohibition of dismissal during maternity?
Correct Answer: C. Section 12
Section 12 of the Maternity Benefit Act deals with dismissal during absence or pregnancy. It prohibits the employer from discharging or dismissing a woman during the period of her absence from work during maternity leave. If a woman is dismissed for any reason whatsoever during this period, the act of dismissal is void. She is still entitled to all her maternity benefits. The employer can be prosecuted for such unlawful dismissal.
The Employees' State Insurance Act 1948 provides maternity benefit at what rate?
Correct Answer: C. Full wages for the insured woman
Under the Employees' State Insurance (ESI) Act, an insured woman is entitled to maternity benefit at the rate of full wages for a period of 26 weeks (after 2017 amendment). This is similar to the Maternity Benefit Act 1961. Before 2017, it was 12 weeks. The ESI benefit is administered by the ESIC (Employees' State Insurance Corporation) rather than the employer directly. Women covered by ESI need not claim from the employer.
Which key provision was added to the Payment of Gratuity Act by the 2018 amendment?
Correct Answer: B. Increase in maximum gratuity from Rs. 10 lakhs to Rs. 20 lakhs
The Payment of Gratuity (Amendment) Act 2018 increased the maximum gratuity amount for employees in establishments not covered by the Central Government service from Rs. 10 lakhs to Rs. 20 lakhs. This was a long-standing demand of employees in the private sector who felt the old limit of Rs. 10 lakhs was inadequate given inflation. The amendment also gave the government power to fix the ceiling by notification in future.
Under the EPF Act, what is the minimum service period required for withdrawal of PF for marriage?
Correct Answer: B. 5 years
Under Rule 68-K of the EPF Scheme, a member may withdraw from their EPF account for marriage expenses for themselves, their children, or siblings. The member must have completed at least 7 years of membership in the EPF. The amount that can be withdrawn is up to 50% of the employee's own contribution. This provision helps EPF members in meeting social obligations like marriage expenses.