Rule 38: Term of office of members of Board
Rule 38 — Governs term of office of members of board and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
Code on Wages (Central) Rules, 2026 were finally notified under G.S.R. 343(E), 8 May 2026. The Central Rules must be read with the Code and any later amendment/corrigendum.
Finin2min analysis — operative rule mechanics
Operative clauses
- (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
- Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.
- (2) An independent member of the Board nominated to fill a casual vacancy shall hold office for the remaining period of the term of office of the member in whose place that independent member is nominated or till the time a regular incumbent joins.
- (3) The official members of the Board shall hold office till they are replaced by respective such other official members.
- (4) Notwithstanding anything contained in this rule, the members of the Board shall hold office during the pleasure of the Central Government.
Provisos / explanations
- Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.
Thresholds & timelines
- Term of office of members of Board.- (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
- Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.
Mapped Code sections
Full notified text — Rule 38
38. Term of office of members of Board.- (1) The term of office of the Chairperson a n d members,
shall be three years commencing from the date of appointment or nomination, as the case may be:
Provided that the Chairperson or a member shall after the expiry of the said period of three years,
continue to hold office until their successor is appointed or nominated.
(2) An independent member of the Board nominated to fill a casual vacancy shall hold office for the
remaining period of the term of office of the member in whose place that independent member is
nominated or till the time a regular incumbent joins.
(3) The official members of the Board shall hold office till they are replaced by respective such other
official members.
(4) Notwithstanding anything contained in this rule, the members of the Board shall hold office during
the pleasure of the Central Government.Application and evidence
- Primary statutory test — (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
- Additional operative limb — Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.
- Qualification / exception to test — Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.
- Numerical or timing control — Term of office of members of Board.- (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
- Evidence file — retain facts and records proving the role/status of: Central Government.
Cross-references & prescribed forms
Sections cited/mapped
Forms
No form is directly mapped in the current rule register.
Worked example
An employer configuring payroll for term of office of members of board should first identify the employee and wage period, then apply the exact provision and any linked rule. The system rule should be tested against a sample payslip and bank/payment record. A text point to test is: “Term of office of members of Board.- (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:” Also test the express qualification/proviso before concluding the result.
Illustrative only. Use the exact notified rule, prescribed form and competent authority.
Q&A — Rule 38
What is Rule 38 of the Code on Wages (Central) Rules, 2026?
Rule 38 — Governs term of office of members of board and the rights, duties, powers or procedure expressly stated in this rule. Key operative text: (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:
What does Rule 38 require or permit?
A principal operative clause extracted from the notified rule is: “(1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:” Read it with all sub-rules and provisos below.
Does Rule 38 contain a proviso or explanation?
Yes. One extracted qualification is: “Provided that the Chairperson or a member shall after the expiry of the said period of three years, continue to hold office until their successor is appointed or nominated.”
What deadline, period, percentage or amount appears in Rule 38?
The rule contains this numerical/time expression: “Term of office of members of Board.- (1) The term of office of the Chairperson a n d members, shall be three years commencing from the date of appointment or nomination, as the case may be:” Apply it only in its notified context.
Which Code sections are linked to Rule 38?
No primary section mapping is recorded in the current rule register; use the express section references in the notified text and the Code’s enabling/rule-making provisions.
When did Rule 38 come into force?
The final Central Rules were notified as G.S.R. 343(E), 8 May 2026; Rule 1 states that the Rules come into force on publication. Check any later amendment or corrigendum before reliance.
Primary sources
Code on Wages (Central) Rules, 2026 — official Gazette PDF ↗
Code on Wages, 2019 — India Code ↗
Source check: 20 August 2026.