Section 67: Power of appropriate Government to make rules

Finin2min analysis — what the section actually does

Full statutory text — Section 67

67. Power of appropriate Government to make rules.—(1) The appropriate Government may,
subject to the condition of previous publication, make rules for carrying out the provisions of this Code.
    (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:—
          (a) the manner of calculating the wages under sub-section (4) of section 6;
        (b) the arduousness of work to be taken into account in addition to minimum rate of wages for
    certain category of workers under clause (b) of sub-section (6) of section 6;
          (c) the norms under clause (c) of sub-section (6) of section 6;
        (d) the cases and circumstances in which an employee employed for a period of less than the
    requisite number of hours shall not be entitled to receive wages for a full normal working day, under
    section 10;
        (e) the extent and conditions, which shall apply in relation to certain classes of employees under
    sub-section (2) of section 13;
          (f) the longer wage period for fixation of minimum rate of wages as referred to in section 14;
        (g) the manner of deducting loans made from any fund constituted for the welfare of labour under
    sub-clause (ii) of clause (f) of sub-section (2) of section 18;
          (h) the manner of recovery of excess of amount under sub-section (4) of section 18;
          (i) the authority to provide approval for imposition of fine under sub-section (1) of section 19;
        (j) the manner of exhibition of the acts and omissions to be specified in the notice under sub-
    section (2) of section 19;
          (k) the procedure for the imposition of fines under sub-section (3) of section 19;
        (l) the form of the register to record all fines and all realisations thereof under sub-section (8) of
    section 19;
          (m) the procedure for making deductions for absence from duty under sub-section (2) of section
    20;
          (n) the procedure for making deductions for damage or loss under sub-section (2) of section 21;
        (o) the form of the register to record all deductions and all realisations thereof under sub-section
    (3) of section 21;
       (p) conditions for recovery of advance of money given to an employee after the employment
    began under clause (b) of section 23;
         (q) conditions for recovery of advances of wages to an employee not already earned under clause
    (c) of section 23;
          (r) deductions for recovery of loans and the rate of interest payable thereon under section 24;

       (s) the manner of regulating the procedure by the Central Advisory Board and the State Advisory
    Board, including that of the committees and sub-committees constituted by the State Advisory Board,
    under sub-section (10) of section 42;
        (t) the terms of office of members of the Central Advisory Board, the State Advisory Board,
    including that of the committees and sub-committees constituted by the State Advisory Board, under
    sub-section (11) of section 42;
        (u) the authority and manner of depositing with such authority, various undisbursed dues under
    clause (b) of sub-section (1) of section 44;
        (v) the form of single application in respect of a number of employees under sub-section (5) of
    section 45;
        (w) the form for making an appeal to the appellate authority under sub-section (1) of section 49;
        (x) the manner of maintenance of a register by the employer under sub-section (1) of section 50;
        (y) the form and manner of issuing wage slips under sub-section (3) of section 50;
        (z) the other powers to be exercised by the Inspector-cum-Facilitator under sub-section (5) of
    section 51;
        (za) the manner of imposing fine under sub-section (1) of section 56;
        (zb) the manner of composition of offence by a Gazetted Officer specified under sub-section (4)
    of section 56;
       (zc) any other matter which is required to be, or may be, prescribed under the provisions of this
    Code.
    (3) The Central Government may, subject to the condition of previous publication, make rules for,—
        (a) the manner of fixing floor wage under sub-section (1) of section 9;
        (b) the manner of consultation with State Government under sub-section (3) of section 9;
        (c) the manner of making set on or set off for the sixth accounting year under clause (i) of sub-
    section (7) of section 26;
        (d) the manner of making set on or set off for the seventh accounting year under clause (ii) of
    sub-section (7) of section 26;
        (e) the manner of calculating gross profit under clauses (a) and (b) of section 32;
        (f) such further sums in respect of employer under clause (c) of section 34;
        (g) the manner of utilising the excess of allocable surplus to be carried forward for being set on in
    the succeeding accounting year and so on up to and inclusive of the fourth accounting year under sub-
    section (1) of section 36;
        (h) the manner of utilising the minimum amount or the deficiency to be carried forward for being
    set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year
    under sub-section (2) of section 36; and
        (i) the manner of holding an enquiry under sub-section (1) of section 53.
    (4) 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 two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions as aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that 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 amendment shall be without prejudice to the validity of anything previously
done under that rule.
   (5) Every rule made by the State Government under this section shall, as soon as possible after it is
made, be laid before the State Legislature.

How to apply this provision

1. Primary statutory test — (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:— (a) the manner of calculating the wages under sub-section (4) of section 6;
2. Additional operative limb — (d) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;
3. Numerical or timing control — (d) the cases and circumstances in which an employee employed for a period of less than the requisite number of hours shall not be entitled to receive wages for a full normal working day, under section 10;
4. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Appropriate Government, 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 67

Source & verification trail