MISCELLANEOUS

Power to make rules.

§38

Summary

(1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (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 powers and procedure of conciliation officers, Boards, Courts, 1[Labour Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quroum and the manner of submission of reports and awards; 2[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties, 3[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; (aaa) the appointment of assessors in proceedings under this Act;] 4* * * * * (b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties; 5[(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;] (d) the ministerial establishment which may be allotted to a Court, Board, 6[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments; (e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated; (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 6[Labour Court, Tribunal or National Tribunal]; (g) any other matter which is to be or may be prescribed. (3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees. 7[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.] 8[(5) 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 9[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the 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 annulment shall be without prejudice to the validity of anything previously done under that rule.]

(1) The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act. (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 powers and procedure of conciliation officers, Boards, Courts, 1[Labour Courts, Tribunals and National Tribunals] including rules as to the summoning of witnesses, the production of documents relevant to the subject-matter of an inquiry or investigation, the number of members necessary to form a quroum and the manner of submission of reports and awards; 2[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties, 3[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; (aaa) the appointment of assessors in proceedings under this Act;] 4* * * * * (b) the constitution and functions of and the filling of vacancies in Works Committees, and the procedure to be followed by such Committees in the discharge of their duties; 5[(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;] (d) the ministerial establishment which may be allotted to a Court, Board, 6[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishments; (e) the manner in which and the persons by and to whom notice of strike or lock-out may be given and the manner in which such notices shall be communicated; (f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, 6[Labour Court, Tribunal or National Tribunal]; (g) any other matter which is to be or may be prescribed. (3) Rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees. 7[(4) All rules made under this section shall, as soon as possible after they are made, be laid before the the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.] 8[(5) 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 9[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule, or both Houses agree that the 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 annulment shall be without prejudice to the validity of anything previously done under that rule.]

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