Labour Code Advisor

CHAPTER VIII - MISCELLANEOUS

Section 43. General power to make rules.

(1) The State Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act:

Provided that the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall not be less than six weeks from the date on which the draft of the proposed rules was published.

(2) In particular, and without prejudice to the generality of the foregoing power, any such rules may provide for—

(a) the qualifications required in respect of the chief inspector and inspector;

(b) the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised;

(c) the medical supervision which may be exercised by certifying surgeons;

(d) the examination by inspectors or other persons of the supply and distribution of drinking water in plantations;

(e) appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred;

(f) the time within which housing, recreational, educational or other facilities required by this Act to be provided and maintained may be so provided;

(g) the types of latrines and urinals that should be maintained in plantations;

(h) the medical, recreational and educational facilities that should be provided in plantations;

(i) the form and manner in which notices of periods of work shall be displayed and maintained;

(j) the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the State Government may be required for the purposes of this Act; 2***

(k) the hours of work for a normal working day for the purpose of wages and overtime;

1[(l) any other matter which is required to be, or may be, prescribed.]

2[(3) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.]

3* * * * *

View Act Footnotes

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

Page 4

  • 1. The Act comes into force in Pondicherry on 1-10-1963 by Reg. 7 of 1963, s. 3 and Sch. I. The Act has been amended in Keralaby Kerala Act 25 of 1969.
  • 2. 1st April, 1954: see S.R.O. 880 dated 6th March, 1954, Gazette of India, 1954, Pt. II, Sec. 3, p. 530
  • 3. Subs. by Act 34 of 1960, s. 2, for sub-section (4) (w.e.f. 21-11- 1960).
  • 4. Subs. by Act 58 of 1981, s. 2, for "or cinchona" (w.e.f. 26-1- 1982).
  • 5. Subs. by s. 2, ibid., for “10.117 hectares” (w.e.f. 26-1-1982).
  • 6. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982).
  • 7. Ins. by s. 2, ibid. (w.e.f. 26-1-1982).*. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu andKashmir and the Union territory of Ladakh.

Page 5

  • 1. Subs. by Act 58 of 1981, s. 2, for “10.117 hectares” (w.e.f. 26-1-1982).
  • 2. Subs. by s. 2, ibid., for “thirty” (w.e.f. 26-1-1982).
  • 3. Subs. by Act 61 of 1986, s. 24, for “fifteenth” (w.e.f. 23-12-1986).
  • 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
  • 5. Ins. by Act 34 of 1960, s. 3 (w.e.f. 21-11-1960).
  • 6. Subs. by Act 17 of 2010, s. 2, for certain words (w.e.f. 7-6-2010).
  • 7. Ins. by Act 58 of 1981, s. 3 (w.e.f. 26-1-1982).

Page 6

  • 1. Subs. by Act 34 of 1960, s. 3, for cl. (f) (w.e.f. 21-11-1960).
  • 2. Subs. by s. 3, ibid., for cl. (h) (w.e.f. 21-11-1960).
  • 3. Subs. by s. 3, ibid., for cl. (k) (w.e.f. 21-11-1960).
  • 4. Ins. by Act 17 of 2010, s. 2 (w.e.f. 7-6-2010).
  • 5. Subs. by s. 2, ibid., for “rupees seven hundred and fifty” (w.e.f. 7-6-2010).
  • 6. Subs. by s. 2, ibid., for “managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred andand fifty” (w.e.f. 7-6-2010).

Page 7

  • 1. Ins. by Act 58 of 1981, s. 4 (w.e.f. 26-1-1982).

Page 8

  • 1. Ins. by Act 58 of 1981, s. 5 (w.e.f. 26-1-1982).

Page 9

  • 1. Subs. by Act 17 of 2010, s. 3, for “and children are, or are to be” (w.e.f. 7-6-2010).
  • 2. Ins. by Act 34 of 1960, s. 4 (w.e.f. 21-11-1960).
  • 3. Subs. by Act 17 of 2010, s. 4, for “chief inspector” (w.e.f. 7-6-2010).

Page 10

  • 1. Subs. by Act 58 of 1981, s. 6, for sub-section (1) (w.e.f. 26-1- 1982).
  • 2. Ins. by s. 6, ibid. (w.e.f. 26-1-1982).

Page 11

  • 1. Subs. by Act 58 of 1981, s. 6, for “such rooms” (w.e.f. 26-1-1982).
  • 2. Subs. by s. 7, ibid., for section 15 (w.e.f. 26-1-1982).

Page 12

  • 1. Certain words and figures omitted by Act 34 of 1960, s. 5 (w.e.f. 21-11- 1960).
  • 2. Ins. by Act 58 of 1981, s. 8 (w.e.f. 26-1-1982).

Page 15

  • 1. Ins. by Act 17 of 2010, s. 5 (w.e.f. 7-6-2010).

Page 16

  • 1. Section 19 renumbered as sub-section (1) thereof by Act 58 of 1981, s. 9 (w.e.f. 26-1-1982).
  • 2. Subs. by s. 9, ibid, for “fifty-four hours” (w.e.f. 26-1-1982).
  • 3. The words “or child’ omitted by Act 17 of 2010, s. 6 (w.e.f. 7-6-2010).
  • 4. Subs. by Act 58 of 1981, s. 9, for “forty hours” (w.e.f. 26-1-1982).
  • 5. Ins. by s. 9, ibid. (w.e.f. 6-1-1982).

Page 17

  • 1. Subs. by Act 58 of 1981, s. 10, for clause (b) (w.e.f. 26-1-1982).
  • 2. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for “19”.
  • 3. Ins. by Act 17 of 2010, s. 7 (we.f. 7-6-2010).

Page 18

  • 1. The words “and children” omitted by Act 17 of 2010, s. 8 (we.f. 7-6-2010).
  • 2. The words “or child” omitted by s. 8, ibid. (we.f. 7-6-2010).
  • 3. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010).
  • 4. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010).
  • 5. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010).

Page 19

  • 1. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
  • 2. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960).
  • 3. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
  • 4. Ins. by s. 11. ibid. (w.e.f. 26-1-1982).
  • 5. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960).

Page 20

  • 1. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".
  • 2. Ins. by Act 58 of 1981, s. 12 (w.e.f. 26-1-1982).
  • 3. Ins. by Act 17 of 2010, s. 11 (w.e.f. 7-6-2010).

Page 21

  • 1. Subs. by Act 17 of 2010, s. 12, for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f.7-6-2010).
  • 2. Subs. by s. 12, ibid., for “three months, or with fine which may extend to five hundred rupees, or with both” (w.e.f. 7-6-2010).
  • 3. Subs. by s. 13, ibid., for “one month, or with fine which may extend to fifty rupees, or with both” (w.e.f. 7-6-2010).
  • 4. Subs. by s. 14, ibid., for “six months, or with fine which may extend to one thousand rupees, or with both” (w.e.f. 7-6-2010).
  • 5. Ins. by Act 58 of 1981, s. 13 (w.e.f. 26-1-1982).

Page 22

  • 1. Subs. by Act 17 of 2010, s. 12, for section 39 (w.e.f. 7-6-2010).

Page 23

  • 1. Ins. by Act 34 of 1960, s. 8 (w.e.f. 21-11-1960).
  • 2. The word "and" omitted by Act 58 of 1981, s. 14 (w.e.f. 26-1- 1982).

Page 24

  • 1. Added by Act 58 of 1981, s. 14 (w.e.f. 26-1-1982).
  • 2. Subs. by Act 17 of 2010, s. 16, for sub-section (3) (w.e.f. 7-6-2010).
  • 3. Sub-section (4) omitted by Act 4 of 2018, s. 3 and the Second Schedule (w.e.f. 5-1-2018).