Labour Code Advisor

Section 26. Rule-making power.

(1) 5[Appropriate Government] may make rules to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17.

(2) 5[Appropriate Government] may,6*** by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(3) In particular and without prejudice to the generality of the foregoing power, rules made under sub- section (2) may—

(a) require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the Act 7[, prescribe the form thereof and the particulars to be entered in such registers or records];

(b) require the display in a conspicuous place or premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises;

(c) provide for the regular inspection of the weights, measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them;

(d) prescribe the manner of giving notice of the days on which wages will be paid;

(e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed;

(f) prescribe the procedure for the imposition of fines under section 8 and for the making of the deductions referred to in section 10;

(g) prescribe the conditions subject to which deduction may be made under the proviso to sub- section (2) of section 9;

(h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended;

(i) prescribe the extent to which advances may be made and the installments by which they may be recovered with reference to clause (b) of section 12;

1[(ia) prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12A;

(ib) prescribe the powers of Inspectors for the purposes of this Act;]

(j) regulate the scales of costs which may be allowed in proceedings under this Act;

(k) prescribe the amount of court-fees payable in respect of any proceedings under this Act;2***

(l) prescribe the abstracts to be contained in the notices required by section 25;3***

4[(la) prescribe the form and manner in which nominations may be made for the purposes of sub- section (1) of section 25A, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other matters connected with such nominations;

(lb) specify the authority with whom amounts required to be deposited under clause (b) of sub- section (1) of section 25A shall be deposited, and the manner in which such authority shall deal with the amounts deposited with it under that clause;]

1[(m) provide for any other matter which is to be or may be prescribed.]

(4) In making any rule under this section5[appropriate Government] may provide that a contravention of the rule shall be punishable with fine6[which shall not be less than seven hundred fifty rupees but which may extend to one thousand five hundred rupees].

(5) All rules made under this section shall be subject to the condition of previous publication, and 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 three months from the date on which the draft of the proposed rules was published.

1[(6) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in7[two or more successive sessions,] and if, before the expiry of the session8[immediately following the session or the successive sessions aforesaid] both Houses agree agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

9[(7) All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature.]

STATE AMENDMENTS

Karnataka

Amendment of section 26.—In section 26 of the principal Act in sub-section (3), in clause (k) for the words “Court fees”, the words “ad valorem or fixed court fees” shall be substituted.

[Vide Karnataka Act 2 of 1977, s. 9].

View Act Footnotes

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

Page 3

  • 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and the Schedule to Dadra and Nagar Haveli byReg. 6 of 1963, s. 2 and the First Schedule to Pondicherry by Reg. 7 of 1963, s. 3 and the First Schedule and to Lakshadweepby Reg. 8 of 1965, s. 3 and the Schedule.
  • 2. Subs. by Act 38 of 1982, s. 2 for “persons employed in industry” (w.e.f. 15-10-1982).
  • 3. Subs. by the A.O. 1950, for sub-section (2).
  • 4. 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).
  • 5. 28th March 1937, see Gazette of India, 1937, Pt. I, pg. 626.
  • 6. Subs. by Act 38 of 1982, s. 3, for “factory and to persons” (w.e.f. 15-10-1982).
  • 7. Ins. by s. 3, ibid. (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 9. Subs. by Act 68 of 1957, s. 2, for “the Act” (w.e.f. 1-4-1958.)10. Subs. by Act 38 of 1982, s. 3, for “any industrial establishment or in any class or group of industrial establishments”(w.e.f. 15-10-1982).11. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).12. Subs. by Act 38 of 1982, s. 3, for the proviso (w.e.f. 15-10-1982).13. Subs. by Act 41 of 2005, s. 2, for sub-section (6) (w.e.f. 9-11-2005).14. Subs. by S.O. 2806 (E), dated 28-8-2017, for “eighteen thousand rupees”, see Gazette of India, Extraordinary, Part II, s. 3(ii).15. Ins. by s. 4, ibid. (w.e.f. 9-11-2005).

Page 4

  • 1. Subs. by Act 53 of 1964, s. 3, for clause (i) (w.e.f. 1-2-1965).
  • 2. Clauses (i), (ia) and (ib) renumbered as clauses (ia), (ib) and (ic) thereof by Act 41 of 2005, s. 4 (w.e.f. 9-11-2005).
  • 3. Subs. by Act 38 of 1982, s. 4, for „ “industrial establishment” means‟ (w.e.f. 15-10-1982).
  • 4. Subs. by Act 53 of 1964, s. 3, for sub-clause (a) (w.e.f. 1-2-1965).
  • 5. Subs. by Act 68 of 1957, s. 3, for item (c) (w.e.f. 1-4-1958.)
  • 6. Ins. by s. 3, ibid. (w.e.f. 1-4-1958.)
  • 7. Ins. by Act 38 of 1982, s. 4 (w.e.f. 15-10-1982).
  • 8. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 9. Ins. by Act 53 of 1964, s. 3 (w.e.f. 1-2-1965).10. Subs. by s. 3, ibid., for clause (iii) (w.e.f. 1-2-1965).11. Subs. by Act 41 of 2005, s. 4, for clause (v) (w.e.f. 9-11-2005).

Page 5

  • 1. Subs. by Act 68 of 1957, s. 3, for clause (vi) (w.e.f. 1-4-1958.)
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 5, ibid.,for section 3 (w.e.f. 9-11-2005).

Page 6

  • 1. Subs. by Act 38 of 1982, s. 6, for “industrial establishment” (w.e.f. 15-10-1982).
  • 2. Added by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 5 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the Central Government or a State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 53 of 1964, s. 5, for “All payments” (w.e.f. 1-2-1965).

Page 7

  • 1. Subs. by Act 1 of 2017, s. 2, for section 6 (w.e.f. 28-12-2016).
  • 2. Subs. by Act 41 of 2005, s. 6, for “sub-section (2) of section 47 of the Indian Railways Act, 1890 (9 of 1890)” (w.e.f. 9-11-2005).
  • 3. Explanation renumbered as Explanation I thereof by Act 68 of 1957, s. 5 (w.e.f. 1-4-1958).
  • 4. Ins. by s. 5, ibid. (w.e.f. 1-4-1958).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by Act 68 of 1957, s. 5, for clause (d) (w.e.f. 1-4-1958).
  • 7. The words “Governor-General in Council or” omitted by the A.O. 1937.
  • 8. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 9. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “this sub-clause” (w.e.f. 20-12-1974).

Page 8

  • 1. Subs. by Act 53 of 1964, s. 6, for clause (f) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 6, ibid., for “in section 58A of the Indian Income-tax Act, 1922” (w.e.f. 9-11-2005).
  • 4. The word “and” omitted by Ordinance 3 of 1940, s. 2.
  • 5. Ins. by Act 42 of 1971, s. 6 (w.e.f. 4-12-1971).
  • 6. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 7. Added by Ordinance 3 of 1940, s. 2
  • 8. Subs. by Act 68 of 1957, s. 5, for clause (k) (w.e.f. 1-4-1958).
  • 9. Ins. by Act 38 of 1982, s. 7 (w.e.f. 15-10-1982).

Page 9

  • 1. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 2. Ins. by Act 29 of 1976, s. 4 (w.e.f. 12-11-1975).
  • 3. Ins. by Act 19 of 1977, s. 2 (w.e.f. 30-6-1977).
  • 4. Ins. by Act 53 of 1964, s. 6 (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 6, for “the Indian Railways Act, 1890” (w.e.f. 9-11-2005).

Page 11

  • 1. Subs. byAct 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 2. Subs. by Act 38 of 1982, s. 8, for “half-an-anna in the rupee” (w.e.f. 15-10-1982).
  • 3. Subs. by Act 41 of 2005, s. 7, for “sixty days” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 38 of 1982, s. 8, for “industrial establishment” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Added by Act 22 of 1937, s. 2 (w.e.f. 14-4-1937).

Page 12

  • 1. Subs. by Act 53 of 1964, s. 7, for sub-section (1) (w.e.f. 1-2-1965).
  • 2. The words “the Governor-General in Council or” omitted by the A.O. 1937.
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 4. Ins. by Act 53 of 1964, s. 8 (w.e.f. 1-2-1965).
  • 5. Ins. by s. 9, ibid. (w.e.f. 1-2-1965).
  • 6. Ins. by Ordinance 3 of 1940, s. 3.

Page 13

  • 1. Ins. by Act 53 of 1964, s. 10 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 68 of 1957, s. 6, for “sub-section (1) of section 10 of the Factories Act, 1934” (w.e.f. 1-4-1958).
  • 3. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005)
  • 4. Subs. by Act 38 of 1982, s. 9, for “industrial establishments” (w.e.f. 15-10-1982).
  • 5. Subs. by Act 53 of 1964, s. 11, for sub-section (4) (w.e.f. 1-2-1965).
  • 6. Subs. by Act 38 of 1982, s. 9, for “industrial establishment” (w.e.f. 15-10-1982).
  • 7. Subs. by s. 9, ibid., for “Code of Criminal Procedure, 1898” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 9, ibid.,for “section 98” (w.e.f. 15-10-1982).

Page 14

  • 1. Ins. by Act 53 of 1964, s. 12 (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for sub-section (1) (w.e.f. 9-11-2005).
  • 3. Subs. by Act 53 of 1964, s. 13, for “six months” (w.e.f. 1-2-1965).
  • 4. Subs. by Act 41 of 2005, s. 8, for sub-section (3) (w.e.f. 9-11-2005).

Page 15

  • 1. Subs. by Act 53 of 1964, s. 13, for sub-section (4) (w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 8, for “not exceeding fifty rupees” (w.e.f. 9-11-2005).
  • 3.Subs. by s. 3, ibid., for “the State Government” (w.e.f. 9-11-2005).

Page 16

  • 1. Ins. by Act 53 of 1964, s. 14 (w.e.f. 1-2-1965).
  • 2. Subs. by s. 14, ibid., for “the maximum compensation that may be awarded under sub-section (3) of section 15 shall be tenrupees per head” (w.e.f. 1-2-1965).
  • 3. Subs. by Act 68 of 1957, s. 7, for “An appeal against a direction made under sub-section (3) or sub-section (4) of section 15”(w.e.f. 1-4-1958).
  • 4. Subs. by s. 7,ibid., for “the direction” (w.e.f. 1-4-1958).
  • 5. The words “or in Rangoon” omitted by the A.O. 1937.

Page 17

  • 1. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 2. Subs. by s.15, ibid., for clause (b) (w.e.f. 1-2-1965).
  • 3. Subs. by Act 20 of 1937, s. 2 and the First Schedule, for “sub-section (5) (w.e.f. 14-4-1937).
  • 4. Subs. by Act 68 of 1957, s. 7, for sub-section (2) (w.e.f. 1-4-1958).
  • 5. Ins. by Act 53 of 1964, s. 15 (w.e.f. 1-2-1965).
  • 6. Ins. by Act 68 of 1957, s. 8 (w.e.f. 1-4-1958).
  • 7. Subs. by Act 53 of 1964, s. 16, for “any official of a registered trade union authorised in writing to act on his behalf"”(w.e.f. 1-2-1965).

Page 18

  • 1. Subs. by Act 38 of 1982, s. 10, for “Chapter XXVI of the Code of Criminal Procedure, 1973” (w.e.f. 15-10-1982).
  • 2. Subs. by Act 53 of 1964, s. 18, for “section 5 and sections 7 to 13” (w.e.f. 1-2-1965).
  • 3. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to onethousand rupees” (w.e.f. 9-11-2005).
  • 4. Subs. by Act 53 of 1964, s.18, for “section 6” (w.e.f. 1-2-1965).
  • 5. Subs. by Act 41 of 2005, s. 9, for “with fine which may extend to five hundred rupees” (w.e.f. 9-11-2005).
  • 6. Ins. by Act 41 of 2005, s. 9 (w.e.f. 9-11-2005).
  • 7. Ins. by Act 53 of 1964, s.18 (w.e.f. 1-2-1965).

Page 19

  • 1. Subs. by Act 38 of 1982, s. 11, for “industrial establishment” (w.e.f. 15-10-1982).
  • 2. Subs. by Act 41 of 2005, s. 9, for “with fine which shall not be less than two hundred rupees but which may extend to onethousand rupees” (w.e.f. 9-11-2005).
  • 3. Subs. by s. 9, ibid., for “with fine which shall not be less than five hundred rupees but which may extend to three thousandrupees” (w.e.f. 9-11-2005).
  • 4. Subs. by s. 9, ibid.,for “one hundred rupees” (w.e.f. 9-11-2005).
  • 5. Ins. by Act 53 of 1964, s.19 (w.e.f. 1-2-1965).

Page 20

  • 1. Ins. by Act 53 of 1964, s. 20(w.e.f. 1-2-1965).
  • 2. Subs. by Act 41 of 2005, s. 10, for section 24 (w.e.f. 9-11-2005).

Page 21

  • 1. Subs. by Act 38 of 1982, s. 12, for “employed in a factory” (w.e.f. 15-10-1982).
  • 2. Subs. by s. 12, ibid., for “displayed in such factory” (w.e.f. 15-10-1982).
  • 3. Subs. by s. 12, ibid.,for “in the factory” (w.e.f. 15-10-1982).
  • 4. Ins. by s. 13, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. The words “subject to the control of the Governor-General in Council,” omitted by the A.O. 1937.
  • 7. Subs. by Act 53 of 1964, s. 22, for “and prescribed the form thereof” (w.e.f. 1-2-1965).

Page 22

  • 1. Ins. by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 2. The word “and” omitted by Act 53 of 1964, s. 22 (w.e.f. 1-2-1965).
  • 3. The word “and” omitted by Act 38 of 1982, s. 14 (w.e.f. 15-10-1982).
  • 4. Ins. by s. 14, ibid. (w.e.f. 15-10-1982).
  • 5. Subs. by Act 41 of 2005, s. 3, for “the State Government” (w.e.f. 9-11-2005).
  • 6. Subs. by s. 11, ibid.,for “which may extend to two hundred rupees” (w.e.f. 9-11-2005).
  • 7. Subs. by Act 38 of 1982, s. 14, for “two successive sessions” (w.e.f. 15-10-1982).
  • 8. Subs. by s. 14, ibid.,for “in which it is so laid or the session immediately following” (w.e.f. 15-10-1982).
  • 9. Ins. by Act 41 of 2005, s. 11 (w.e.f. 9-11-2005).
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