Question

In the following question, a Statement is followed by two Conclusions, I and II. Statement: Section 5 of the Minimum Wages Act, 1948 gives a detailed procedure for fixing or revising minimum wages in respect of any scheduled employment. After considering the advice of the committees appointed, and all representations received by it before the date notified in the Gazette notification, the appropriate Government may by notification in the official gazette, fix or revise the minimum rates of wages. Conclusion I: If a date is specified in the notification, the minimum rates shall come into force from such date. Conclusion II: If no date is specified, then they shall come into force from the expiry of three months from the date of issue of the notification. In the context of the above Statement and Conclusions, which one of the following is correct?

• A. Only Conclusion II follows
• B. Only Conclusion I follows
• C. Both Conclusions I and II follow
• D. Neither Conclusion I nor II follows

Hint:

Remember the "Three-Month Default" rule: Minimum wage notifications are effective from the date they say, but if they forget a date, the law automatically defaults to an expiry of three months!

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
This question pertains to Section 5(2) of the Minimum Wages Act, 1948, which governs the enforcement and effective date of government notifications regarding wage revisions.

Step 2: Detailed Explanation:
- Section 5(2) of the Act clearly stipulates that the notification for wage revision shall specify the date on which it comes into force.
- It further mandates that if no such date is specified, the notification shall come into force on the expiry of three months from the date of its issue.
- Both conclusions accurately reflect the statutory provisions of Section 5(2).

Step 3: Final Answer:
Both conclusions follow logically and legally from the Act. Option (C) is correct.

Answer 2

This is a statement-and-conclusions question built around Section 5 of the Minimum Wages Act, 1948, and each conclusion needs to be checked against what the section actually provides once a notification is issued.

1. Conclusion I - the rates come into force from the date specified in the notification: Section 5(2) expressly allows the appropriate Government to specify, in the notification itself, the date from which the fixed or revised rates take effect. When such a date is given, the rates start from that date, so this conclusion follows directly from the section.
2. Conclusion II - if no date is specified, the rates come into force after three months from the date of issue: Section 5(2) also supplies a default rule for the situation where the notification is silent on the commencement date, fixing it at the expiry of three months from the date of issue. This conclusion, too, follows directly from the text of the provision.
3. Option (A) - Only Conclusion II follows: This wrongly excludes Conclusion I, even though the "specified date" rule is equally part of Section 5(2).
4. Option (B) - Only Conclusion I follows: This wrongly excludes Conclusion II, even though the three-month default rule is equally provided for.
5. Option (D) - Neither Conclusion follows: This ignores that both rules are explicitly present in the statutory text, so it cannot be correct.

Since both the "specified date" rule and the "three months by default" rule are expressly stated in Section 5(2), both conclusions are supported by the statement.

Hence, the correct answer is Both Conclusions I and II follow.