1. Short title, extent and commencement.—(1) This Act may be called the Equal Remuneration
Act, 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 for
different establishments or employments.
2. Definitions.—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 Central
Government or a railway administration, or in relation to a banking company, a mine, oilfield or
major 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 date
on 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 Gratuity
Act, 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 whatsoever
payable, either in cash or in kind, to a person employed in respect of employment or work done in
such 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 and
responsibility required are the same, when performed under similar working conditions, by a man or a
woman and the differences, if any, between the skill, effort and responsibility required of a man and
those required of a woman are not of practical importance in relation to the terms and conditions of
employment;
(i) “worker” means a worker in any establishment or employment in respect of which this Act has
come into force;
(j) words and expressions used in this Act and not defined but defined in the Industrial Disputes
Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.
1. 8th March, 1976, vide notification No. S.O. 175(E), dated 6th March, 1976, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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3. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law or in the terms of any award, agreement or
contract of service, whether made before or after the commencement of this Act, or in any instrument
having effect under any law for the time being in force.