The Code on Wage 2019 - Certain Provisions Applicable from 18 December 2020

 The Code on Wage 2019

Certain Provisions Applicable from 18 December 2020

Dear Readers,

Please find the notification & related details which speaks that certain provision of the code on wages 2019 is been applicable from 18 December 2020.

Notification 

The Code on Wage 2019

THE GAZETTE OF INDIA : 

EXTRAORDINARY

MINISTRY OF LABOUR AND EMPLOYMENT 

NOTIFICATION 

New Delhi, the 18th December, 2020

S.O. 4604(E).—In exercise of the powers conferred by sub-section (3) of section 1 of the Code on Wages, 2019 (29 of 2019) read with section 14 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby appoints the date of publication of this notification in the Official Gazette as the date on which the following provisions of the said Code shall come into force, namely:-

Sl. No. -  Provisions of the Code

1.  Sub-sections (1), (2), (3), (10) and (11) of section 42 (to the extent they relate to the Central Advisory Board);
2. Clauses (s) and (t) of sub-section (2) of section 67 (to the extent they relate to the Central Advisory Board);
3. Section 69 [to the extent it relates to sections 7 and 9 (to the extent they relate to the Central Government) and section 8 of the Minimum Wages Act, 1948 (11 of 1948)].

[F. No. S-32022/1/2020-WC]
VIBHA BHALLA, Jt. Secy.

Attachment 

Footnotes 

The Code on Wages, 2019

Section 1 Short title, extent and commencement

...

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision.

The General Clauses Act, 1897
Section 14 Powers conferred to be exercisable from time to time.

(1) Where, by any [Central Act] or Regulation made after the commencement of this Act, any power is conferred then [unless a different intention appears] that power may be exercised from time to time as occasion requires.
(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.

The Code on Wages, 2019
CHAPTER V ADVISORY BOARD
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.

...

(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.

Section 67. Power of appropriate Government to make rules

...

(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:––

...

(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;

Section 69. Repeal and savings

(1) The Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976 are hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the enactments so repealed including any notification, nomination, appointment, order or direction made thereunder or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code and shall be in force to the extent they are not contrary to the provisions of this Code till they are repealed under the corresponding provisions of this Code or by the notification to that effect by the Central Government. 

(3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 shall apply to the repeal of such enactments. 

The Minimum Wages Act, 1948
Section 8 Central Advisory Board.

(1) For the purpose of advising the Central and [State Governments] in the matters of the fixation and revision of minimum rates of wages and other matters under this Act and for co-ordinating the work of the Advisory Board, the Central Government shall appoint a Central Advisory Board.

(2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in SCHEDULEd employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government.