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Code on Wages, 2019 · CHAPTER V — ADVISORY BOARD

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.

Operative frameworkSource review: 16 July 20262 linked Central Rule(s)

Statutory identity

ProvisionSection 42
Subjectadvisory governance
Primary authorityCentral or State Advisory Board / appropriate Government
Official textOpen section ↗

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advice, constitution notifications and meeting materials; recognise that the earlier Central Advisory Board Rules were superseded by the 2026 Central Rules.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The 2021 Central Advisory Board Rules were superseded by the 2026 Central Rules subject to savings.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

AuthorityCentral or State Advisory Board / appropriate Government
Central forms detectedNo prescribed form is expressly referenced in the linked Central Rule text detected for this section. Verify State rules and later notifications.
State overlayCheck State rules where State Government is appropriate
Review date16 July 2026

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

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Reliance note: Read the current Gazette/India Code text, the applicable Central or State rules and later notifications before acting. This repository is educational and does not replace matter-specific legal advice.