What is the Power to make rules? Section 38 of Industrial Disputes Act 1947
38. (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 power and procedure of conciliation officers. Boards, Courts, Labour Courts, Tribunals or 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 quorum and the manner of submission of reports and awards;
(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;
(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;
(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, 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, 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.
(4) All rules made under this section shall, as soon as possible after they are made, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament.
(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 10[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.
In section 38 in sub-section (2), after clause (b), the following clauses shall be inserted, namely:-
"(b-1) the manner of constituting a Council and filling of vacancies therein, the number of members of such Council, and the manner of electing the representatives of workmen under sub-section (1) of section 3A;
(b-2) the other things which a council may do under clause (f) of sub-section (1) of section 3B;
(b-3) the administrative functions with which a Council shall be entrusted under sub-section (3) of section 3B;
(b-4) matters relating to which information shall be furnished to the Council by the employers under sub-section (4) of section 3B;
(b-5) the procedure to be followed by the Council in the
discharge of its duties under sub-section (5) of section 3B." -
Gujarat Act No. 21 of 1972.
In section 38, after clause (a) of sub-section (2), the following clause shall be inserted:-
"(A-l) the manner and the form in which an application for certificate shall be made, the manner and the form in which a certificate is to be issued and the particulars which the certificate shall contain and the manner and the form in which an application shall be filed before a Labour Court or Tribunal, referred to in sub-section (1 -B) of section 10 and the procedure to be followed by the Industrial Tribunal or the Labour Court, as the case may be, on receipt of such an application under clause (c) of sub-section (1-B) of section 10" - West Bengal Act No. 33 of 1989.
CHAPTER VII MISCELLANEOUS