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Section 38 – Industrial Disputes Act, 1947

Industrial Disputes Act, 1947

 

38. Power to make rules

 

138. Power to make rules. (1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act.

 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.

 

[1(a)10[***]

 

(b) [***]]

 

4[11“(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of courts, Boards and to assessors and witnesses;”]

 

(d) The ministerial establishment which may be allotted to a Court, Board, 4[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishment;

 

(e) The manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated;

 

(f) The conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 5[Labour Court, Tribunal or National Tribunal];

 

(g) Any other matter which is to be or may be prescribed.

 

(3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.

 

6[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.]

 

7[(5) 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 in 8[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses 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.]

 

——————–

 

1. Subs. by Act 36 of 1956, sec. 26, for ‘and Tribunal” (w.e.f. 10-3-1957).

 

2. Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10-3-1957).

 

3. Ins. by Act 36 of 1964, sec. 20 (w.e.f. 19-12-1964).

 

4. Subs. by Act 36 of 1956, sec. 26, for “Boards and Tribunals” (w.e.f. 10-3-1957).

 

5. Subs. by Act 36 of 1956, sec. 26, for “or Tribunal” (w.e.f. 10-3-1957).

 

6. Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10-3-1957).

 

7. Ins. by Act 36 of 1964, sec, 20 (w.e.f. 19-12-64).

 

8. Subs. by Act 32 of 1976, sec. 5 (w.e.f. 5-3-1976).

 

9. On the enforcement of section22 of Act 46of l982, a new Clause (ab) shall stand inserted in section 38 as directed in section
22 of that Act. For the text of section, 22 of that Act see Appendix.

 

10. Omitted by Act 24 of 2010 w.e.f. 18-8-2010.

 

11. Subs. by Act 24 of 2010 w.e.f. 18-8-2010.

 

 

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Industrial Disputes Act, 1947

 

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