Minimum Wages Act MCQs Set-2

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Bihar Judiciary (PCS-J) Preparation Bihar Assistant Prosecution Officer (APO) Preparation

1. Which of the following statements is correct under Section 15?

a. An employee whose minimum rate of wages is fixed by the day and who works for less than the requisite number of hours of a normal working day is ordinarily entitled to wages as if he had worked for the full normal working day, except where his failure to work is due to his unwillingness and not the employer's omission to provide work, or in such other prescribed cases and circumstances.

b. An employee working for less than the normal working day is always entitled only to wages for the actual hours worked.

c. An employee is never entitled to full-day wages unless he completes the normal working day.

d. The employer may deny full-day wages at his discretion.

 

2. Section 16 of the Minimum Wages Act, 1948 deals with:

a. Wages for two or more classes of work

b. Piece-rate wages

c. Registers and records

d. Claims

 

3. Where an employee performs two or more classes of work to which different minimum rates of wages are applicable, the employer shall:

a. pay the highest minimum rate for the entire day

b. pay the lowest applicable minimum rate

c. pay wages at not less than the minimum rate in force for each class of work in respect of the time occupied in each class

d. pay wages as mutually agreed

 

4. Which of the following statements is correct under Section 16?

a. An employee performing two or more classes of work must be paid, for the time occupied in each class, wages at not less than the minimum rate applicable to that class.

b. The highest minimum rate applies to the entire working day.

c. The employer may choose any one applicable minimum rate.

d. Separate minimum rates are irrelevant where the work is performed on the same day.

 

5. Section 17 of the Minimum Wages Act, 1948 deals with:

a. Overtime

b. Minimum time rate wages for piece work

c. Wages in kind

d. Claims

 

6. Where an employee is employed on piece work for which only a minimum time rate has been fixed under the Act, the employer shall pay:

a. only the piece rate agreed between the parties

b. wages at not less than the minimum time rate

c. wages at the prevailing market rate

d. no wages unless production targets are achieved

 

7. Which of the following statements is correct under Section 17?

a. Where an employee is employed on piece work and only a minimum time rate has been fixed under the Act, the employer shall pay wages at not less than the minimum time rate.

b. A piece worker is never entitled to the minimum time rate.

c. The employer may pay according to production alone irrespective of the minimum time rate.

d. Section 17 applies only where a minimum piece rate has been fixed.

 

8. Section 18 of the Minimum Wages Act, 1948 deals with:

a. Claims

b. Maintenance of registers and records

c. Overtime

d. Inspectors

 

9. Under Section 18(1), every employer shall maintain:

a. only a register of attendance

b. such registers and records containing prescribed particulars and in the prescribed form

c. only wage slips

d. only inspection reports

 

10. Under Section 18(2), every employer shall exhibit:

a. the balance sheet of the establishment

b. notices in the prescribed form containing prescribed particulars in the prescribed manner

c. only the minimum wage notification

d. only the names of employees

 

11. Under Section 18(3), the appropriate Government may, by rules made under the Act:

a. compel every employee to maintain wage books

b. provide for the issue of wage books or wage slips and prescribe the manner in which entries shall be made and authenticated by the employer or his agent

c. abolish wage slips

d. authorise only electronic wage records

 

12. Which of the following statements is correct under Section 18?

a. Every employer shall maintain prescribed registers and records, exhibit prescribed notices in the prescribed manner, and the appropriate Government may provide by rules for the issue of wage books or wage slips and prescribe the manner in which entries are to be made and authenticated by the employer or his agent.

b. Wage books can be issued only by the Central Government.

c. Employers are required to maintain only attendance registers.

d. Notices under Section 18 need not be in the prescribed form.

 

13. Section 19 of the Minimum Wages Act, 1948 deals with:

a. Claims

b. Inspectors

c. Registers and records

d. Penalties

 

14. Under Section 19(1), Inspectors are appointed by:

a. the Central Government only

b. the appropriate Government by notification in the Official Gazette

c. the Advisory Board

d. the Labour Court

 

15. While appointing Inspectors under Section 19(1), the appropriate Government shall:

a. prescribe their salary only

b. define the local limits within which they shall exercise their functions

c. assign them to every district compulsorily

d. obtain the approval of the Central Advisory Board

 

16. Under Section 19(2)(a), an Inspector may:

a. enter any premises at any time without restriction

b. enter, at all reasonable hours, with such Government or public authority assistants as he thinks fit, any premises where employees are employed or out-work is given out for inspection of prescribed registers, records of wages or notices

c. enter only after obtaining a court warrant

d. inspect only Government establishments

 

17. Under Section 19(2)(b), an Inspector may examine:

a. only the employer

b. any person found in the premises whom he has reasonable cause to believe is an employee or an employee to whom work is given out

c. only witnesses nominated by the employer

d. only trade union office-bearers

 

18. Under Section 19(2)(c), an Inspector may require information regarding:

a. only the amount of bonus paid

b. the names and addresses of persons to, for and from whom out-work is given or received and the payments to be made for such work

c. only the educational qualifications of employees

d. only attendance records

 

19. Under Section 19(2)(d), an Inspector who has reason to believe that an offence under the Act has been committed may:

a. arrest the employer without warrant

b. seize or take copies of registers, records of wages or notices, or relevant portions thereof

c. close the establishment permanently

d. impose a fine on the spot

 

20. Under Section 19(2)(e), an Inspector may:

a. exercise such other powers as may be prescribed

b. exercise any power without limitation

c. try offences under the Act

d. amend the minimum rates of wages

 

21. Every Inspector appointed under Section 19 shall be deemed to be:

a. a judicial officer

b. a public servant within the meaning of the Indian Penal Code

c. a civil court

d. a police officer

 

22. Under Section 19(4), a person required by an Inspector to produce any document or thing or furnish information under Section 19(2):

a. may refuse without consequence

b. is deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code

c. is bound only if directed by a Magistrate

d. is bound only to produce documents but not information

 

23. Which of the following statements is correct under Section 19?

a. The appropriate Government may appoint Inspectors by notification in the Official Gazette and define their local limits; Inspectors may exercise the powers specified in Section 19(2), are deemed to be public servants, and persons required by them to produce documents, things or information are legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code.

b. Inspectors may arrest employers and impose penalties under the Act.

c. Only the Central Government may appoint Inspectors under the Act.

d. Inspectors may enter premises at any time without any limitation.

 

24. Section 20 of the Minimum Wages Act, 1948 deals with:

a. Inspectors

b. Claims

c. Registers and records

d. Penalties

 

25. Under Section 20(1), the appropriate Government may appoint the Authority to hear and decide claims by:

a. executive order only

b. notification in the Official Gazette

c. Government resolution

d. rules under the Act

 

26. Which of the following may be appointed as the Authority under Section 20(1)?

a. Commissioner for Workmen's Compensation

b. Officer of the Central Government exercising functions as a Labour Commissioner for any region

c. Officer of the State Government not below the rank of Labour Commissioner

d. All of the above

 

27. Under Section 20(1), claims may relate to:

a. payment of less than the minimum rates of wages

b. remuneration for days of rest or work done on such days under Section 13(1)(b) or (c)

c. overtime wages under Section 14

d. All of the above

 

28. An application under Section 20(2) may be made by:

a. the employee himself

b. a legal practitioner or authorised official of a registered trade union, an Inspector, or any person acting with the permission of the Authority

c. both (a) and (b)

d. only the employer

 

29. Under the first proviso to Section 20(2), every application shall ordinarily be presented:

a. within three months

b. within six months from the date on which the minimum wages or other amount became payable

c. within one year

d. at any time

 

30. Under the second proviso to Section 20(2), an application filed after six months may be admitted if:

a. the employer consents

b. the applicant satisfies the Authority that he had sufficient cause for the delay

c. the Inspector recommends it

d. the delay does not exceed one year

 

31. Where a claim arises out of payment of less than the minimum rates of wages, the Authority under Section 20(3)(i) may direct:

a. only payment of the deficit amount

b. payment of the deficit amount together with compensation not exceeding ten times the amount of such excess

c. compensation only

d. imprisonment of the employer

 

32. In cases other than payment of less than the minimum rates of wages, the Authority under Section 20(3)(ii) may direct:

a. payment of the amount due together with compensation not exceeding ten rupees

b. compensation not exceeding ten times the amount due

c. payment of interest only

d. imprisonment of the employer

 

33. Under Section 20(3), where the employer pays the excess or amount due before disposal of the application:

a. no compensation can ever be awarded

b. the Authority may still direct payment of compensation

c. the application automatically abates

d. the Authority loses jurisdiction

 

34. If the Authority finds an application to be malicious or vexatious, it may direct:

a. imprisonment of the applicant

b. payment of a penalty not exceeding fifty rupees to the employer by the person presenting the application

c. dismissal of the employer

d. payment of costs not exceeding one thousand rupees

 

35. Under Section 20(5), an amount directed to be paid may be recovered:

a. only through a civil suit

b. as if it were a fine imposed by a Magistrate

c. only by the Labour Commissioner

d. only by the Collector as arrears of land revenue

 

36. Under Section 20(6), every direction of the Authority shall be:

a. appealable to the High Court

b. final

c. subject to confirmation by the appropriate Government

d. subject to revision by the Labour Commissioner

 

37. Under Section 20(7), every Authority appointed under Section 20(1):

a. has all the powers of a Civil Court for taking evidence, enforcing attendance of witnesses and compelling production of documents, and is deemed to be a Civil Court for the purposes of Section 195 and Chapter XXXVII  of the Bharatiya Nagarik Suraksha Sanhita, 2023;

b. has only advisory powers

c. is deemed to be a Criminal Court for all purposes

d. exercises powers only under the Bharatiya Nagarik Suraksha Sanhita, 2023

 

38. Which of the following statements is correct under Section 20?

a. The appropriate Government may appoint the specified authorities by notification to decide claims relating to minimum wages, remuneration for days of rest and overtime wages; applications are ordinarily to be filed within six months subject to condonation for sufficient cause; the Authority may award the amounts due with statutory compensation, impose a penalty up to fifty rupees for malicious or vexatious applications, recover amounts as fines, its directions are final, and it possesses specified powers of a Civil Court.

b. Only the employee himself can file an application under Section 20.

c. Compensation for payment of less than minimum wages cannot exceed the amount actually due.

d. Every order of the Authority is appealable as of right under the Act.

 

39. Section 21 of the Minimum Wages Act, 1948 deals with:

a. Single application in respect of a number of employees

b. Claims by individual employees

c. Inspectors

d. Penalties

 

40. Under Section 21(1), subject to the prescribed rules, a single application under Section 20 may be presented:

a. only by one employee

b. on behalf of or in respect of any number of employees employed in the scheduled employment for which minimum rates of wages have been fixed

c. only by a registered trade union

d. only by an Inspector

 

41. Under Section 21(1), where a single application is presented on behalf of a number of employees, the maximum compensation that may be awarded under Section 20(3) shall not exceed:

a. ten times the aggregate amount of such excess or ten rupees per head, as the case may be

b. ten times the amount payable to each employee in every case

c. one hundred rupees per employee

d. the aggregate amount due without any limit

 

42. Under Section 21(2), the Authority may:

a. dismiss all pending applications and require fresh applications

b. deal with any number of separate pending applications under Section 20 as a single application, and Section 21(1) shall apply accordingly

c. transfer all applications to the Labour Commissioner

d. entertain only individual applications

 

43. Which of the following statements is correct under Section 21?

a. Subject to the prescribed rules, a single application under Section 20 may be presented on behalf of or in respect of any number of employees, the statutory limit on compensation under Section 20(3) applies, and the Authority may treat separate pending applications as a single application.

b. Section 21 permits only individual applications under Section 20.

c. The Authority cannot club separate pending applications.

d. There is no statutory limit on compensation in a single application.

 

44. Section 22 of the Minimum Wages Act, 1948 deals with:

a. Claims

b. Penalties for certain offences

c. Inspectors

d. Registers and records

 

45. Which of the following acts constitutes an offence under Section 22?

a. Paying an employee less than the minimum rate of wages fixed for that employee's class of work

b. Paying an employee less than the amount due under the provisions of the Act

c. Contravening any rule or order made under Section 13

d. All of the above

 

46. Under Section 22, an employer convicted of an offence is punishable with:

a. imprisonment up to six months, or fine up to five hundred rupees, or both

b. imprisonment of not less than one year only

c. fine of not less than five thousand rupees only

d. imprisonment for life

 

47. While imposing a fine under Section 22, the Court shall take into consideration:

a. the employer's annual turnover

b. the amount of any compensation already awarded against the accused in proceedings under Section 20

c. the opinion of the Inspector alone

d. the financial condition of the employee

 

48. Which of the following statements is correct under Section 22?

a. An employer who pays less than the minimum rate of wages or less than the amount due under the Act, or contravenes any rule or order made under Section 13, is punishable with imprisonment up to six months, or fine up to five hundred rupees, or both; while imposing fine, the Court shall take into consideration any compensation already awarded against the accused under Section 20.

b. Only non-payment of minimum wages is punishable under Section 22.

c. Contravention of an order under Section 13 is not an offence.

d. The Court cannot consider compensation awarded under Section 20 while imposing fine.

 

49. Section 22A of the Minimum Wages Act, 1948 deals with:

a. General provision for punishment of other offences

b. Claims

c. Cognizance of offences

d. Inspectors

 

50. Section 22A applies where an employer:

a. contravenes any provision of the Act or any rule or order made thereunder and no other penalty is provided under the Act for such contravention

b. fails to maintain registers only

c. pays less than the minimum wages fixed

d. contravenes Section 13 only

 

51. The punishment under Section 22A is:

a. imprisonment up to six months

b. fine which may extend to five hundred rupees

c. imprisonment up to one year and fine

d. fine not less than five hundred rupees

 

52. Which of the following statements is correct under Section 22A?

a. Where an employer contravenes any provision of the Act or any rule or order made thereunder, and no other penalty is provided by the Act for such contravention, he is punishable with fine which may extend to five hundred rupees.

b. Section 22A applies even where a specific penalty is already provided under the Act.

c. Section 22A prescribes imprisonment up to six months.

d. Section 22A applies only to contraventions of rules and not of the Act.

 

53. Section 22B of the Minimum Wages Act, 1948 deals with:

a. Cognizance of offences

b. General penalties

c. Claims

d. Inspectors

 

54. Under Section 22B(1)(a), no Court shall take cognizance of an offence under Section 22(a) unless:

a. an application under Section 20 has been presented and granted wholly or in part, and the appropriate Government or an authorised officer has sanctioned the complaint

b. the Inspector alone files the complaint

c. the employee directly approaches the Court

d. the employer admits the offence

 

55. Under Section 22B(1)(b), no Court shall take cognizance of an offence under Section 22(b) or Section 22A except on:

a. a police report

b. a complaint made by, or with the sanction of, an Inspector

c. an application under Section 20

d. a complaint by any employee

 

56. Under Section 22B(2)(a), a complaint for an offence under Section 22(a) or Section 22(b) shall be made:

a. within six months of the offence

b. within one month of the grant of sanction

c. within one year of the offence

d. at any time

 

57. Under Section 22B(2)(b), a complaint for an offence under Section 22A shall be made:

a. within one month of sanction

b. within six months of the date on which the offence is alleged to have been committed

c. within one year from the date of inspection

d. within thirty days of detection

 

58. Which of the following statements is correct under Section 22B?

a. A Court can take cognizance of offences under Sections 22 and 22A only in the manner prescribed under Section 22B; offences under Section 22(a) require a prior successful application under Section 20 and sanction of the appropriate Government or its authorised officer, offences under Section 22(b) and Section 22A require a complaint by or with the sanction of an Inspector, complaints under Section 22(a) and (b) must be filed within one month of sanction, and complaints under Section 22A within six months of the alleged offence.

b. Every offence under the Act may be taken cognizance of on a private complaint without sanction.

c. Section 22A complaints must be filed within one month of sanction.

d. A complaint under Section 22(a) does not require any prior proceedings under Section 20.

 

59. Section 22C of the Minimum Wages Act, 1948 deals with:

a. Cognizance of offences

b. Offences by companies

c. General penalties

d. Claims

 

60. Where an offence under the Act is committed by a company, who shall ordinarily be deemed to be guilty under Section 22C(1)?

a. Only the company

b. Every person who, at the time of the offence, was in charge of and responsible to the company for the conduct of its business, as well as the company

c. Only the managing director

d. Only the shareholders

 

61. Under the proviso to Section 22C(1), a person in charge of the company shall not be liable if he proves:

a. that the company has been dissolved

b. that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission

c. that the offence was committed by a subordinate employee

d. that he resigned after the offence

 

62. Under Section 22C(2), notwithstanding sub-section (1), where the offence is committed with the consent, connivance of, or is attributable to the neglect of a director, manager, secretary or other officer of the company:

a. only the company is liable

b. such director, manager, secretary or other officer shall also be deemed to be guilty and liable to be proceeded against and punished accordingly

c. only the managing director is liable

d. liability arises only if the company is first convicted

 

63. For the purposes of Section 22C, the expression "company":

a. means only a body corporate

b. means any body corporate and includes a firm or other association of individuals

c. means only a registered company under the Companies Act

d. excludes partnership firms

 

64. Under the Explanation to Section 22C, the term "director" in relation to a firm means:

a. the managing partner only

b. any employee of the firm

c. a partner in the firm

d. the firm's legal adviser

 

65. Which of the following statements is correct under Section 22C?

a. Where an offence under the Act is committed by a company, both the company and every person in charge of and responsible for its business are ordinarily deemed guilty, subject to the statutory defence of lack of knowledge or due diligence; additionally, any director, manager, secretary or other officer whose consent, connivance or neglect led to the offence is also deemed guilty, and for this section "company" includes a firm or other association of individuals while "director" in relation to a firm means a partner.

b. Only the company can be prosecuted for offences under the Act.

c. A partner of a firm can never be treated as a director under Section 22C.

d. A person in charge of a company has no statutory defence under Section 22C.

 

66. Section 22D of the Minimum Wages Act, 1948 deals with:

a. Payment of undisbursed amounts due to employees

b. Attachment of employer's assets

c. Claims

d. Penalties

 

67. Under Section 22D, where the amount payable to an employee cannot be paid because the employee has died before payment or his whereabouts are not known, the amount shall:

a. lapse to the appropriate Government

b. be retained permanently by the employer

c. be deposited with the prescribed authority

d. be paid to the nearest legal aid authority

 

68. The prescribed authority receiving amounts under Section 22D shall:

a. distribute the amount at its discretion

b. deal with the money so deposited in such manner as may be prescribed

c. transfer the amount to the employer after one year

d. deposit the amount into the Consolidated Fund

 

69. Which of the following statements is correct under Section 22D?

a. Where minimum wages or any other amount due under the Act cannot be paid because the employee died before payment or his whereabouts are unknown, the employer shall deposit the amount with the prescribed authority, which shall deal with it in the prescribed manner.

b. The employer may retain the amount indefinitely.

c. The amount automatically lapses to the State Government.

d. The amount must be deposited with the Labour Court.

 

70. Section 22E of the Minimum Wages Act, 1948 deals with:

a. Payment of undisbursed amounts

b. Protection against attachment of assets of employer with Government

c. Cognizance of offences

d. Registers and records

 

71. Under Section 22E, any amount deposited with the appropriate Government by an employer to secure the due performance of a contract with that Government:

a. is always liable to attachment under every decree

b. is not liable to attachment under any decree or order of any Court in respect of debts or liabilities other than those incurred towards employees employed in connection with that contract

c. may be attached only by the High Court

d. may be attached only with the consent of the appropriate Government

 

72. Under Section 22E, attachment of the protected amount is permissible only in respect of:

a. any commercial debt of the employer

b. income tax dues

c. debts or liabilities incurred by the employer towards employees employed in connection with the concerned Government contract

d. loans obtained by the employer

 

73. Which of the following statements is correct under Section 22E?

a. Any amount deposited with, or due from, the appropriate Government in respect of a Government contract is protected from attachment under any decree or order of a Court except in respect of debts or liabilities incurred by the employer towards employees employed in connection with that contract.

b. Every amount due from the Government to an employer is absolutely immune from attachment.

c. Section 22E applies only to private contracts.

d. The protected amount can never be attached under any circumstances.

 

74. Section 22F of the Minimum Wages Act, 1948 deals with:

a. Application of the Payment of Wages Act, 1936, to scheduled employments

b. Claims

c. Payment of minimum wages

d. Inspectors

 

75. Under Section 22F(1), the appropriate Government may, by notification in the Official Gazette:

a. repeal the Payment of Wages Act, 1936

b. direct that all or any provisions of the Payment of Wages Act, 1936 shall apply, with specified modifications, to wages payable to employees in such scheduled employments as may be specified

c. amend the Payment of Wages Act, 1936

d. apply the Payment of Wages Act only to Government employees

 

76. The power under Section 22F(1) may be exercised:

a. only if the Central Government grants prior approval

b. notwithstanding anything contained in the Payment of Wages Act, 1936

c. only after consultation with the Advisory Board

d. only in cases of industrial disputes

 

77. Under Section 22F(2), where the provisions of the Payment of Wages Act, 1936 are applied to a scheduled employment, the Inspector appointed under the Minimum Wages Act shall:

a. cease to exercise powers under the Minimum Wages Act

b. be deemed to be the Inspector for enforcing the applied provisions within the local limits of his jurisdiction

c. be replaced by an Inspector under the Payment of Wages Act

d. exercise jurisdiction throughout India

 

78. Which of the following statements is correct under Section 22F?

a. Notwithstanding the Payment of Wages Act, 1936, the appropriate Government may, by notification in the Official Gazette, apply all or any provisions of that Act with specified modifications to wages payable in specified scheduled employments, and the Inspector appointed under the Minimum Wages Act shall be deemed to be the Inspector for enforcing those applied provisions within the local limits of his jurisdiction.

b. The Payment of Wages Act, 1936 automatically applies to every scheduled employment without any notification.

c. Only the Central Government may exercise powers under Section 22F.

d. An Inspector under the Minimum Wages Act cannot enforce any provision of the Payment of Wages Act, 1936.

 

79. Section 23 of the Minimum Wages Act, 1948 deals with:

a. Exemption of employer from liability in certain cases

b. Cognizance of offences

c. Claims

d. Inspectors

 

80. Under Section 23, where an employer is charged with an offence under the Act, he is entitled, upon complaint duly made by him, to:

a. have the proceedings stayed indefinitely

b. have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge

c. transfer the case to the Labour Court

d. seek compulsory arbitration

 

81. An employer can be discharged under Section 23 only if he proves to the satisfaction of the Court that:

a. he used due diligence to enforce the execution of the Act and the actual offender committed the offence without his knowledge, consent or connivance

b. the employee suffered no loss

c. the offence was committed by a contractor

d. he paid compensation under Section 20

 

82. Where the employer successfully proves the requirements of Section 23:

a. both the employer and the actual offender are convicted

b. only the employer is convicted

c. the actual offender shall be convicted and liable to the like punishment as if he were the employer, and the employer shall be discharged

d. the complaint automatically stands dismissed

 

83. Under the proviso to Section 23, while proving his defence, the employer:

a. cannot be examined on oath

b. may be examined on oath, and his evidence or that of his witness is subject to cross-examination by or on behalf of the alleged actual offender and by the prosecution

c. can produce only documentary evidence

d. is exempt from cross-examination

 

84. Which of the following statements is correct under Section 23?

a. An employer charged with an offence may, upon a duly made complaint, have the alleged actual offender brought before the Court, and if he proves due diligence in enforcing the Act and that the offence was committed without his knowledge, consent or connivance, the actual offender shall be convicted and punished as if he were the employer while the employer is discharged; the employer may be examined on oath and his evidence is subject to cross-examination.

b. An employer is automatically discharged whenever another person is prosecuted.

c. The employer need prove only that he lacked knowledge of the offence.

d. The actual offender cannot be punished under Section 23.

 

85. Section 24 of the Minimum Wages Act, 1948 deals with:

a. Bar of suits

b. Contracting out

c. Claims

d. Penalties

 

86. Under Section 24, no Court shall entertain a suit for recovery of wages where the claimed sum:

a. forms the subject of an application under Section 20 presented by or on behalf of the plaintiff

b. has formed the subject of a direction under Section 20 in favour of the plaintiff

c. has been adjudged in proceedings under Section 20 not to be due to the plaintiff

d. All of the above

 

87. Under Section 24, a suit is also barred where the sum claimed:

a. could have been recovered by an application under Section 20

b. exceeds the pecuniary jurisdiction of the Court

c. relates to overtime wages only

d. is below the minimum rate of wages

 

88. Which of the following statements is correct under Section 24?

a. No Court shall entertain a suit for recovery of wages where the claim forms the subject of an application under Section 20, has already been decided under that section, has been held not to be due, or could have been recovered by an application under Section 20.

b. A civil suit is always maintainable notwithstanding Section 20.

c. Section 24 bars only suits relating to overtime wages.

d. Section 24 applies only after a decree has been passed by a Civil Court.

 

89. Section 25 of the Minimum Wages Act, 1948 deals with:

a. Bar of suits

b. Contracting out

c. Claims

d. Registers and records

 

90. Under Section 25, any contract or agreement whereby an employee relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing under the Act:

a. is valid if entered into voluntarily

b. is valid if executed after the commencement of the Act

c. is null and void to the extent that it purports to reduce the minimum rate of wages fixed under the Act

d. requires approval of the appropriate Government

 

91. Section 25 applies to contracts or agreements:

a. made only before the commencement of the Act

b. made only after the commencement of the Act

c. made either before or after the commencement of the Act

d. made only between employers and trade unions

 

92. Which of the following statements is correct under Section 25?

a. Any contract or agreement, whether made before or after the commencement of the Act, by which an employee relinquishes or reduces his right to minimum wages or any privilege or concession under the Act is null and void to the extent that it purports to reduce the minimum rate of wages fixed under the Act.

b. An employee may validly waive his right to minimum wages by written agreement.

c. Only contracts made after the commencement of the Act are affected by Section 25.

d. Section 25 applies only to oral agreements.

 

93. Section 26 of the Minimum Wages Act, 1948 deals with:

a. Exemptions and exceptions

b. Contracting out

c. Claims

d. Penalties

 

94. Under Section 26(1), the appropriate Government may direct that the provisions of the Act shall not apply in relation to:

a. apprentices

b. wages payable to disabled employees, subject to such conditions as it thinks fit to impose

c. Government employees only

d. out-workers only

 

95. Under Section 26(2), the appropriate Government may exempt all or any class of employees or any locality where a scheduled employment is carried on:

a. only by making rules

b. by notification in the Official Gazette, for special reasons, subject to such conditions and for such period as may be specified

c. permanently without recording any reason

d. only with the approval of Parliament

 

96. Under Section 26(2A), the appropriate Government may grant exemption where it is of the opinion that:

a. all employees in a scheduled employment should be exempt

b. having regard to the terms and conditions of service, it is not necessary to fix minimum wages for employees receiving wages exceeding the prescribed limit

c. the employer requests exemption

d. the Advisory Board recommends abolition of minimum wages

 

97. Under Section 26(2A), the exemption may relate to:

a. any class of employees in a scheduled employment

b. employees in a scheduled employment in a local area

c. employees in any establishment or part of an establishment in a scheduled employment

d. All of the above

 

98. Under Section 26(3), the provisions of the Act do not apply to wages payable by an employer to:

a. every relative of the employer

b. a member of his family living with him and dependent on him

c. every domestic servant

d. every apprentice

 

99. For the purposes of Section 26(3), which of the following is deemed to be a member of the employer's family?

a. Spouse

b. Child

c. Parent, brother or sister

d. All of the above

 

100. Which of the following statements is correct under Section 26?

a. The appropriate Government may exempt disabled employees, grant exemptions for special reasons by notification subject to specified conditions and period, exempt employees receiving wages above the prescribed limit where fixation of minimum wages is considered unnecessary having regard to their service conditions, and the Act does not apply to wages payable to a member of the employer's family who lives with and is dependent on the employer.

b. The appropriate Government has no power to exempt any class of employees under the Act.

c. Every relative of an employer is automatically excluded from the Act.

d. Exemptions under Section 26 can be granted only by making rules.

 

101. Section 27 of the Minimum Wages Act, 1948 deals with:

a. Power of State Government to add to Schedule

b. Power of Central Government to give directions

c. Rule-making power of the Central Government

d. Rule-making power of the appropriate Government

 

102. Under Section 27, before adding any employment to either Part of the Schedule, the appropriate Government shall:

a. obtain prior approval of the Central Government

b. give, by notification in the Official Gazette, not less than three months' notice of its intention

c. consult the Central Advisory Board

d. obtain the consent of employers

 

103. The appropriate Government may add an employment to either Part of the Schedule under Section 27 only if it is of the opinion that:

a. the employment has existed for at least five years

b. minimum rates of wages should be fixed under the Act in respect of that employment

c. the employees request such inclusion

d. the Central Government directs it to do so

 

104. Which of the following statements is correct under Section 27?

a. After giving not less than three months' notice by notification in the Official Gazette, the appropriate Government may, by a like notification, add any employment to either Part of the Schedule, whereupon the Schedule shall, in its application to the State, be deemed to be amended accordingly.

b. The Schedule can be amended only by Parliament.

c. The appropriate Government may amend the Schedule without prior notice.

d. The Central Government alone has power to add employments to the Schedule.

 

105. Section 28 of the Minimum Wages Act, 1948 deals with:

a. Power of Central Government to give directions

b. Power to amend the Schedule

c. Constitution of the Central Advisory Board

d. Rule-making by the appropriate Government

 

106. Under Section 28, the Central Government may give directions to:

a. employers

b. Inspectors

c. a State Government as to the carrying into execution of the Act in the State

d. the Authority under Section 20

 

107. Which of the following statements is correct under Section 28?

a. The Central Government may issue directions to a State Government regarding the carrying into execution of the Act in the State.

b. The Central Government may directly issue directions to employers under Section 28.

c. Section 28 empowers the Central Government to amend the Schedule.

d. Section 28 authorises the Central Government to fix minimum wages for every scheduled employment.

 

108. Section 29 of the Minimum Wages Act, 1948 deals with:

a. Power of the Central Government to make rules

b. Power of the State Government to add to the Schedule

c. Powers of Inspectors

d. Claims

 

109. Under Section 29, the Central Government may make rules:

a. without any condition

b. subject to the condition of previous publication and by notification in the Official Gazette

c. only after approval of Parliament

d. only after consultation with all State Governments

 

110. Under Section 29, the Central Government may make rules prescribing:

a. only the quorum of the Central Advisory Board

b. only the term of office of the members

c. the term of office of the members, the procedure for conduct of business, the method of voting, the manner of filling casual vacancies and the quorum necessary for the transaction of business of the Central Advisory Board

d. the minimum rates of wages for scheduled employments

 

111. Which of the following statements is correct under Section 29?

a. Subject to previous publication, the Central Government may, by notification in the Official Gazette, make rules regarding the term of office of members, procedure of business, method of voting, filling of casual vacancies and quorum of the Central Advisory Board.

b. Section 29 empowers the Central Government to fix minimum wages by rules.

c. Rules under Section 29 may be made without previous publication.

d. Section 29 applies to the State Advisory Board.

 

112. Section 30 of the Minimum Wages Act, 1948 deals with:

a. Power of appropriate Government to make rules

b. Power of Central Government to make rules

c. Power to amend the Schedule

d. Claims

 

113. Under Section 30(1), the appropriate Government may make rules:

a. without any restriction

b. subject to the condition of previous publication, by notification in the Official Gazette, for carrying out the purposes of the Act

c. only with the approval of the Central Government

d. only after consulting the Advisory Board

 

114. Under Section 30(2), the rule-making power of the appropriate Government is:

a. exhaustive and limited only to the matters expressly mentioned

b. without prejudice to the generality of the power conferred by sub-section (1)

c. confined only to procedural matters

d. confined only to wage fixation

 

115. Under Section 30(2)(a), rules may prescribe:

a. only the quorum of the Advisory Board

b. the term of office, procedure, method of voting, filling of casual vacancies and quorum of committees, sub-committees and the Advisory Board

c. only the term of office of committee members

d. only the procedure of the Advisory Board

 

116. Under Section 30(2)(b), rules may prescribe:

a. the qualifications of Inspectors

b. the method of summoning witnesses and production of documents before committees, sub-committees and the Advisory Board

c. the qualifications of employers

d. the manner of filing criminal complaints

 

117. Under Section 30(2)(c), rules may prescribe:

a. the mode of computation of the cash value of wages in kind and concessions in respect of supplies of essential commodities at concession rates

b. the rate of overtime wages

c. the minimum piece rate

d. the cost of living index number

 

118. Under Section 30(2)(d), rules may prescribe:

a. the time and conditions of payment of wages and the deductions permissible therefrom

b. the maximum working hours only

c. the retirement age of employees

d. the procedure for prosecution of employers

 

119. Under Section 30(2)(e), the appropriate Government may make rules to:

a. regulate strikes

b. provide for giving adequate publicity to the minimum rates of wages fixed under the Act

c. appoint Inspectors

d. constitute Labour Courts

 

120. Under Section 30(2)(f), rules may provide for:

a. compulsory weekly holidays without remuneration

b. a day of rest in every period of seven days and payment of remuneration in respect of such day

c. annual leave with wages

d. casual leave

 

121. Under Section 30(2)(g) and (h), rules may prescribe:

a. only the number of hours constituting a normal working day

b. only overtime rates

c. the number of hours constituting a normal working day and the cases where an employee working less than the requisite hours shall not be entitled to wages for a full normal working day

d. only weekly holidays

 

122. Under Section 30(2)(i) and (j), rules may provide for:

a. maintenance of prescribed registers and records and the issue of wage books and wage slips with the manner of making and authenticating entries therein

b. appointment of Inspectors only

c. constitution of the Advisory Board only

d. fixation of minimum wages

 

123. Under Section 30(2)(k), (l), (m) and (n), rules may prescribe:

a. the powers of Inspectors, the scale of costs in proceedings under Section 20, the amount of court-fees payable under Section 20 and any other matter required or permitted to be prescribed

b. only the powers of Inspectors

c. only court-fees under Section 20

d. only the scale of costs

 

124. Which of the following statements is correct under Section 30?

a. Subject to previous publication, the appropriate Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act, including matters specified in clauses (a) to (n), without prejudice to the generality of its rule-making power under sub-section (1).

b. The appropriate Government may make rules only regarding registers and records.

c. Rules under Section 30 do not require previous publication.

d. Only the Central Government possesses rule-making power under the Act.

 

125. Section 30A of the Minimum Wages Act, 1948 deals with:

a. Rules made by Central Government to be laid before Parliament

b. Rule-making power of the appropriate Government

c. Power of the Central Government to make rules

d. Delegation of powers

 

126. Under Section 30A(1), every rule made by the Central Government under the Act shall be laid:

a. only before the Lok Sabha

b. before each House of Parliament as soon as may be after it is made

c. before the Supreme Court

d. before the Central Advisory Board

 

127. The total period for which a Central Government rule is to be laid before each House of Parliament under Section 30A(1) is:

a. fifteen days

b. thirty days, which may be comprised in one session or in two successive sessions

c. sixty days in one session only

d. ninety days

 

128. Under Section 30A(1), if before the expiry of the relevant session both Houses agree to modify or annul a rule:

a. the rule is void from its inception

b. the rule thereafter has effect only in the modified form or ceases to have effect, as the case may be

c. the rule automatically expires after thirty days

d. the modification requires Presidential assent

 

129. Under Section 30A(1), any modification or annulment of a rule by Parliament:

a. invalidates everything previously done under the rule

b. is without prejudice to the validity of anything previously done under the rule

c. takes effect retrospectively in every case

d. applies only after fresh notification

 

130. Under Section 30A(2), every rule made by the State Government under the Act shall be laid:

a. before each House of Parliament

b. before the Central Advisory Board

c. before the State Legislature, as soon as may be after it is made

d. before the High Court

 

131. Which of the following statements is correct under Section 30A?

a. Every rule made by the Central Government shall be laid before each House of Parliament for a total period of thirty days, Parliament may modify or annul the rule without affecting the validity of anything previously done thereunder, and every rule made by the State Government shall be laid before the State Legislature as soon as may be after it is made.

b. Rules made by the Central Government become effective only after prior approval of Parliament.

c. Every State Government rule must also be laid before Parliament.

d. Modification or annulment of a rule invalidates all actions previously taken under it.

 

132. Section 31 of the Minimum Wages Act, 1948 deals with:

a. Validation of fixation of certain minimum rates of wages

b. Rule-making power

c. Exemptions

d. Penalties

 

133. Section 31 validates minimum rates of wages fixed by the appropriate Government during the periods specified in clauses (a), (b) and (c) where such rates were fixed:

a. under a court order

b. in the belief or purported belief that they were being fixed under Section 3(1)(a) as it stood before the relevant Amendment Act

c. after obtaining Parliament's approval

d. under Section 5 only

 

134. Under Section 31, the minimum rates of wages so fixed shall:

a. be deemed to have been fixed in accordance with law

b. be treated as provisional only

c. require fresh approval of the appropriate Government

d. lapse on the commencement of the Amendment Act

 

135. Under Section 31, such validated minimum rates shall not be called in question in any Court merely on the ground that:

a. the rates were excessive

b. the relevant date specified in Section 3(1)(a) had expired when the rates were fixed

c. the employees objected to them

d. the Advisory Board was not consulted

 

136. Under the proviso to Section 31, nothing contained in that section shall:

a. invalidate the fixation of minimum wages

b. extend to affect any person with any punishment or penalty for paying wages below the validated minimum rates during the specified periods or for non-compliance with any order or rule under Section 13 during those periods

c. permit challenge to the validated rates on any ground

d. empower the appropriate Government to revise wages retrospectively

 

137. Which of the following statements is correct under Section 31?

a. Section 31 validates certain minimum rates of wages fixed during the specified periods where they were fixed in the belief or purported belief that they were being fixed under Section 3(1)(a) as it then stood, deems such rates to have been lawfully fixed, bars challenge merely on the ground that the relevant date had expired, and does not affect liability relating to payment of wages below those rates or non-compliance with orders or rules under Section 13 during those periods.

b. Section 31 validates every minimum wage notification irrespective of the circumstances in which it was issued.

c. Section 31 grants complete immunity from punishment for payment of wages below the minimum rates during the specified periods.

d. Section 31 permits Courts to invalidate the notified rates solely because the relevant date had expired.

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