Section 42: Central Advisory Board and State Advisory Boards
Provides for Central and State Advisory Boards, their balanced representation, women representation and advisory functions on wages and women's employment.
Statutory identity
What the provision requires
Provides for Central and State Advisory Boards, their balanced representation, women representation and advisory functions on wages and women's employment.
Implementation control: Track advice, constitution notifications and meeting materials; recognise that the earlier Central Advisory Board Rules were superseded by the 2026 Central Rules.
Provision-level reading sequence
- Read each subsection, clause, proviso and explanation in the official text.
- Apply section 2 definitions before testing the obligation or exception.
- Identify the appropriate Government and the applicable Central or State rule.
- Check commencement, section-specific notifications and saved predecessor-law instruments.
- Document the factual test and the evidence supporting the conclusion.
Provision map — subsection, clause and qualification
This map decomposes the section into its operative tests. Use the linked India Code text for exact numbering and wording.
Constitution
Central and State Advisory Boards include employer, employee and independent representation, with statutory women representation.
Functions
Boards advise on minimum wages, women’s employment and referred matters.
Procedure
Central Rules 29–44 now govern the Central Board’s procedure.
Transition
The 2021 Central Advisory Board Rules were superseded by the 2026 Central Rules subject to savings.
Linked Code on Wages (Central) Rules, 2026
Authority, form and filing map
Evidence pack
- constitution notification
- nomination and meeting records
- advice/recommendation file
Compliance consequence
Apply the specific claims, recovery, adjudication, penalty and appeal provisions; do not infer a penalty solely from the section heading.
Remedy path: identify the claims authority, appellate authority, adjudicating officer, Inspector-cum-Facilitator or criminal court applicable to the issue.
Worked example
Before acting on central advisory board and state advisory boards, the employer records the applicable Government, employee category, operative instrument, calculation or procedural step, reviewer approval and evidence of completion.
Illustrative only. Apply actual wage notifications, contracts, dates, State rules and evidence.
Practical Q&A
Can an employment contract override this section?
Not where the contract reduces a statutory entitlement. Sections 60 and 61 must be considered, including any more favourable award, agreement or contract.
What should be checked before payroll or HR action?
Confirm coverage, appropriate Government, operative rate/order, the exact subsection and proviso, linked rule, evidence, approval and payment/filing deadline.
Primary sources
India Code — exact Section 42 text ↗
India Code — official consolidated Act PDF ↗
Ministry of Labour — Codes, Rules, notifications and FAQs ↗
Last official-source review: 16 July 2026.