Section 26. Exemptions and exceptions.

(1) The appropriate Government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this Act shall not apply in relation to the wages payable to disabled employees.

(2) The appropriate Government may, if for special reasons it thinks so fit, by notification in the Official Gazette, direct that ^1[subject to such conditions and] for such period as it may specify the provisions of this Act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment.

^2[(2A) The appropriate Government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area ^1[or to any establishment or a part of any establishment in a scheduled employment], it is not necessary to fix minimum wages in respect of such employees of that class ^1[or in respect of employees in such establishment or such part of any establishment] as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the Official Gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this Act or any of them shall not apply in relation to such employees.]

(3) Nothing in this Act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him.

Explanation.—In this sub-section a member of the employer's family shall be deemed to include his or her spouse or child or parent or brother or sister.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7of 1973, s. 3 and First Schedule; Lakshadweep by Reg. 8 of 1965, s. 3 and the Schedule; and Union territory of Goa, Damanand Diu by Notification No. G.S.R. 436, dated 16-4-1873, Gazette of India, Part II, sec. 3(i).This Act has been amended in Uttar Pradesh by U.P. Act 20 of 1960 (w.e.f. 1-1-1960), Bihar by Bihar Act 3 of 1961,Maharashtra by Maharashtra Act 10 of 1961, Andhra Pradesh by Andhra Pradesh Act 19 of 1961, Gujarat by Gujarat Act 22 of1961, Madhya Pradesh by Madhya Pradesh Act 11 of 1959, Kerala by Kerala Act 18 of 1960, Rajasthan by Rajasthan Act 4 of1969, Madhya Pradesh by Madhya Pradesh Act 36 of 1976 and Maharashtra by Maharashtra Act 25 of 1976.
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
3. Subs. by Act 61 of 1986, s. 23, for clause (a).
4. Subs. by Act 30 of 1957, s. 2, for “Central Government, by a railway administration” .
5. Subs. by the A.O. 1950, for “an Act of the Central Legislature”
6. Ins. by Act 61 of 1986, s. 23.
7. Subs. by Act 26 of 1954, s. 2, for“clause (e) of sub-section (1) of section 9 of the Factories Act, 1934 (25 of 1934)”.

Page 4

1. Ins. by Act 30 of 1957, s. 2.
2. Subs. by the A.O. 1950, for “Crown”.
3. Subs. by Act 26 of 1954, s.3, for sub-section (1).
4. Subs. by Act 31 of 1961, s. 2, for clause (a).

Page 5

1. Ins. by Act 30 of 1957, s. 3.
2. Certain words, brackets and figure omitted by Act 31 of 1961, s. 2.
3. Subs. by s. 2, ibid., for certain words.
4. Ins. by s. 2, ibid.

Page 6

1. Subs. by Act 30 of 1957, s. 3 for clause (b).

Page 7

1. Subs. by Act 30 of 1957, s. 4, for section 5.

Page 8

1. Subs. by Act 30 of 1957, s. 6, for “committees, sub-committees, advisory committees and the advisory sub-committeesappointed under sections 5 and 6”
2. The words “advisory committee, advisory sub-committees” omitted by s. 7, ibid.
3. Subs. by s. 8, ibid., for section 10.
4. The words and figures “or section 10” omitted by s. 9, ibid.

Page 9

1. Section 13 re-numbered as sub-section (1) of thereof by Act 30 of 1957, s. 10.
2. Ins. by s. 10, ibid.
3. Subs. by Act 26 of 1954, s. 4 for “section 47 of the Factories Act, 1934 (25 of 1934)”.

Page 10

1. Subs. by Act 30 of 1857, s. 11, for clause (d).
2. Ins. by s. 11, ibid.

Page 11

1. Subs. by Act 30 of 1957, s. 12, for “any Commissioner for Workmen’s Compensation or”.
2. Ins. by s. 12, ibid.
3. Subs. by s. 12, ibid., for certain words.
4. Subs. by s. 12, ibid., for sub-section (3) .

Page 12

1. Subs. by Act 30 of 1957, s. 13, for “A single application”.
2.Ins. by s. 13, ibid.
3. Subs. by s. 14, ibid., for section 22.

Page 15

1. Ins. by Act 30 of 1957, s. 15.
2. Ins. by Act 26 of 1954, s. 5.

Page 16

1 The words “advisory committees, advisory sub-committees” omitted by Act 30 of 1957, s. 16.
2. Ins. by Act 31 of 1961, s. 3.
3. Section 30A re-numbered as sub-section (1) thereof by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).

Page 17

1. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005).
2. Subs. by Act 31 of 1961, s. 4, for section 31.

Page 18

1. Subs. by Act 30 of 1957, s. 18, for item No. 7.
2. Ins. by notification No. S.O. 3760, dated 4th December, 1962.
3. Ins. by notification No. S.O. 3760, dated 30th October, 1962.
4. Ins. by notification No. S.O. 1987, dated 30th May, 1968.
5. Ins. by notification No. S.O. 586, dated 5th February, 1970.
6. Ins. by notification No. S.O. 795, dated 13th February, 1970.
7. Ins. by notification No. S.O. 796, dated 18th February, 1970.
8. Ins. by notification No. S.O. 2357, dated 1st July, 1970.
9. Ins. by notification No. S.O. 3896, dated the 3rd September, 1971.10. Ins. by notification No. S.O. 3898, dated 15th September, 1971.11. Ins. by notification No. S.O. 2972, dated 1st July, 1972.12. Ins. by notification No. S.O. 2973, dated 1st July, 1972.13. Ins. by notification No. S.O. 2974, dated 6th July, 1972.

Page 19

1. Ins. by notification No. S.O. 1587, dated 24th May, 1973.
2. Ins. by notification No. S.O. 2311, dated 3rd July, 1975.
3. Ins. by notification No. S.O. 4030, dated 4th February, 1976.
4. Ins. by notification No. S.O. 558, dated 29th January, 1977.
5. Ins. by notification No. S.O. 1823, dated 14th June, 1978.
6. Ins. by notification No. S.O. 2945, dated 22nd September, 1978.
7. Ins. by notification No. S.O. 2950, dated 25th September, 1978.
8. Ins. by notification No. S.O. 3248, dated 26th October, 1978.
9. Ins. by notification No. S.O. 3671, dated 7th December, 1978.10. Ins. by notification No. S.O. 1757, dated 16th June, 1980.11. Ins. by notification No. S.O. 2473, dated 3rd September, 1980.