(1) As soon as may be after the commencement of this Act, the Government shall establish a Minimum Wages Board consisting of the following members to be appointed by it, namely:

(a) Chairman of the Board;

(b) Director General Labour Welfare, Punjab;

(c) Mines Labour Welfare Commissioner, Punjab;

(d) Representative of Finance Department not below the rank of Deputy Secretary;

(e) Representative of Industries, Commerce and Investment Department not below the rank of Deputy Secretary;

(f) one independent member;

(g) three members to represent the employers including one woman; and

(h) three members to represent the workers including one woman.

(2) For the purpose of performing the functions of the Board specified in Section 5, it shall co-opt the following two additional members as and when required:

(i) one member to represent the employers connected with the industry concerned; and

(ii) one member to represent the workers engaged in such industry.

(3) The Chairman and the independent member shall be appointed from persons with adequate knowledge of labour issues and economic conditions in the Province, who are not connected with any industry or associated with any employers’ or workers’ organization.

(4) The members to represent the employers of the Province and the members to represent the workers of the Province under subsection (1) shall be appointed after considering nominations, if any, of such organizations as Government considers most representative organizations of such employers and workers respectively.

(5) The members to represent the employers connected with and the workers engaged in the industry concerned under subsection (2), shall be appointed after considering nominations, if any, of such organizations as Government considers most representative organizations of such employers and workers respectively.

(6) The term of office of the Chairman and the members, the manner of filling casual vacancies therein, the appointment of its committees, if any, the procedure and conducting of meetings of the Board and its committees and all matters connected therewith, including the fees and allowances to be paid for attending such meetings, and other expenses, including expenses for the services of experts and advisors obtained by the Board, shall be such as may be prescribed.

(1) The Board shall, upon a reference made to it by the Government, recommend to the Government, after such enquiry as the Board thinks fit, the minimum rates of wages for unskilled adult and adolescent workers employed in industrial and commercial establishments in the Province.

(2) In its recommendations under subsection (1), the Board shall indicate, whether the minimum rates of wages should be adopted uniformly throughout the Province or with such local variations for such localities as are specified therein.

(1) Where in respect of any particular industry industrial or commercial establishment for which no adequate machinery exists for effective regulation of wages, the Government is of the opinion that, having regard to the wages of the workers employed in the industrial and commercial establishments engaged in such industry, industrial or commercial establishment, it is expedient to fix the minimum rates of wages of such workers, it may direct the Board to recommend, after such enquiry as the Board may deem fit, the minimum rates of wages either for all such workers or for such of them as are specified in the direction.

(2) In pursuance of a direction under subsection (1), the Board may, recommend minimum rates of wages for all classes of workers, in any category or grade and, in such recommendation, may specify:

(a) the minimum rates of wages for-

(i) time work; and

(ii) piece work;

(b) the minimum rates for workers employed on piece work so as to guarantee minimum wages on a time basis for such workers.

(3) The time rates recommended by the Board may be on hourly, daily, weekly or monthly basis.

(1) Upon receipt of a recommendation of the Board under sections 4 and 5, the Government may:

(a) by notification in the official Gazette, declare that the minimum rates of wages recommended by the Board for various categories of workers shall, subject to such exceptions as may be specified in the notification, be the minimum rates of wage, for such workers; and

(b) if it considers that the recommendation is not in any respect, equitable to the employers or the workers, within thirty days of such receipt, refer it back to the Board for reconsideration with such comments thereon and giving such information relating thereto as the Government may deem fit to make or give.

(2) Where a recommendation is referred back to the Board under clause (b) of subsection (1), the Board shall reconsider it after taking into account the comments made and information given by the Government and if necessary, shall hold further enquiry and shall submit to the Government:

(a) a revised recommendation; and

(b) if it considers that no revision or change in the recommendation is called for, make report to that effect stating reasons therefor.

(3) Upon receipt of the recommendation of the Board under subsection (2), the Government may by notification in the official Gazette declare that the minimum rates of wages recommended under that subsection by the Board for various workers shall subject to such modifications and exceptions as may be specified in the notification, be the minimum rates of wages for such workers.

(4) Unless any date is specified for the purpose in the notification under subsection (1) or subsection (3), the declaration thereunder shall take effect on the date of publication of such notification.

(5) Where after the publication of a notification under subsection (1) or subsection (3) or after the minimum rates of wages declared thereunder have taken effect, it comes to the notice of the Government that there is a mistake in the minimum rates of wages so declared, or that any such rate is inequitable to the employers or the workers, it may refer the matter to the Board and any such reference shall be deemed to be a reference under subsection (2).

(6) 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.