Section 42: Central Advisory Board and State Advisory Boards

Finin2min analysis — what the section actually does

Full statutory text — Section 42

42. Central Advisory Board and State Advisory Boards.—(1) The Central Government shall
constitute the Central Advisory Board which shall consist of persons to be nominated by the Central
Government—
           (a) representing employers;
           (b) representing employees which shall be equal in number of the members specified in clause
    (a);
           (c) independent persons, not exceeding one-third of the total members of the Board; and
       (d) five representatives of such State Governments as may be nominated by the Central
    Government.
    (2) One-third of the members referred to in sub-section (1) shall be women and a member specified in
clause (c) of the said sub-section shall be appointed by the Central Government as the Chairperson of the
Board.
   (3) The Central Advisory Board constituted under sub-section (1) shall from time to time advise the
Central Government on reference of issues relating to—
           (a) fixation or revision of minimum wages and other connected matters;
           (b) providing increasing employment opportunities for women;
       (c) the extent to which women may be employed in such establishments or employments as the
    Central Government may, by notification, specify in this behalf; and
           (d) any other matter relating to this Code,
and on such advice, the Central Government may issue directions to the State Government as it deems fit
in respect of matters relating to issues referred to the Board.
   (4) Every State Government shall constitute a State Advisory Board for advising the State
Government—
           (a) in fixation or revision of minimum wages and other connected matters;
           (b) for the purpose of providing increasing employment opportunities for women;
       (c) with regard to the extent to which women may be employed in such establishments or
    employments as the State Government may, by notification, specify in this behalf; and
        (d) in any other matter relating to this Code, which the State Government may refer from time to
    time to the Board.
    (5) The State Advisory Board may constitute one or more committees or sub-committees to look into
        issues pertaining to matters specified in clauses (a) to (d) of sub-section (4).
    (6) The State Advisory Board and each of the committees and sub-committees thereof shall consist of
        persons.—
               (a) representing employers;
               (b) representing employees which shall be equal in number of the members specified in
           clause (a); and

           (c) independent persons, not exceeding one-third of the total members of the Board or
        committee or sub-committee, as the case may be.
    (7) One-third of the members referred to in sub-section (6) shall be women and one among the
        members specified in clause (c) of the said sub-section shall be—
            (a) appointed by the State Government as the Chairperson of the Board;
           (b) appointed by the State Advisory Board as the Chairperson of the committee or sub-
        committee, as the case may be.
    (8) In tendering its advice in the matters specified in clause (b) or clause (c) of sub-section (4), the
State Advisory Board shall have regard to the number of women employed in the concerned
establishment, or employment, the nature of work, hours of work, suitability of women for employment,
as the case may be, the need for providing increasing employment opportunities for women, including
part time employment, and such other relevant factors as the Board may think fit.
    (9) The State Government may, after considering the advice tendered to it by the State Advisory
Board and after inviting and considering the representations from establishment or employees or any
other person which that Government thinks fit, issue such direction as may be deemed necessary.
     (10) The Central Advisory Board referred to in sub-section (1) and the State Advisory Board referred
to in sub-section (4) shall respectively regulate their own procedure including that of the committees and
sub-committees constituted by the State Advisory Board, in such manner as may be prescribed.
   (11) The terms of office of the Central Advisory Board referred to in sub-section (1) and the State
Advisory Board referred to in sub-section (4) including that of the committees and sub-committees
constituted by the State Advisory Board, shall be such as may be prescribed.
                                              CHAPTER VI
                                 PAYMENT OF DUES, CLAIMS AND AUDIT

How to apply this provision

1. Primary statutory test — (1) The Central Government shall constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government— (a) representing employers;
2. Additional operative limb — (b) representing employees which shall be equal in number of the members specified in clause (a);
3. Numerical or timing control — (8) In tendering its advice in the matters specified in clause (b) or clause (c) of sub-section (4), the State Advisory Board shall have regard to the number of women employed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing…
4. Central Rule mapping — 2, 29. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, State Government.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 42

Source & verification trail