Section 66 Saving and Section 67 Rule-Making Power under the Code on Wages, 2019

Sections 66 and 67 form part of Chapter IX of the Code on Wages, 2019. Section 66 protects specified enactments and schemes from being affected by the Code, while Section 67 authorises the appropriate Government, and for specified subjects the Central Government, to make detailed rules for implementing the Code.

Section 66 - Saving

What does the saving provision mean?

A "saving" provision preserves the operation of specified laws or legal arrangements despite the enactment or commencement of another law. Section 66 therefore makes clear that the Code on Wages does not displace or adversely affect the two enactments expressly named in the section, or schemes made under them.

Section 67 - Power of appropriate Government to make rules

Section 67(1) empowers the "appropriate Government", subject to previous publication, to make rules for carrying out the provisions of the Code. The expression "appropriate Government" is defined in Section 2 of the Code and determines whether the Central Government or the State Government has rule-making responsibility in relation to the establishment concerned.

The requirement of "previous publication" means that the rule-making process is subject to the statutory procedure requiring publication before finalisation, so that the proposed rules are made known before they are finally brought into force.

Matters for which rules may be made under Section 67(2)

Without limiting the general power in Section 67(1), sub-section (2) identifies specific matters on which rules may be framed. These include:

1. manner of calculating wages under Section 6(4);
2. arduousness of work for specified categories under Section 6(6)(b);
3. norms under Section 6(6)(c);
4. circumstances concerning entitlement to wages for a full normal working day under Section 10;
5. extent and conditions applicable to certain classes of employees under Section 13(2);
6. longer wage period for fixation of minimum wages under Section 14;
7. deduction of loans from labour welfare funds under Section 18(2)(f)(ii);
8. recovery of excess amounts under Section 18(4);
9. authority for approval of fines under Section 19(1);
10. display of acts and omissions for which fines may be imposed under Section 19(2);
11. procedure for imposition of fines under Section 19(3);
12. register of fines and realisations under Section 19(8);
13. procedure for deductions for absence from duty under Section 20(2);
14. procedure for deductions for damage or loss under Section 21(2);
15. register of deductions and realisations under Section 21(3);
16. conditions for recovery of advances under Section 23(b) and Section 23(c);
17. recovery of loans and applicable interest under Section 24;
18. procedure of the Central Advisory Board and State Advisory Boards, including committees and sub-committees, under Section 42(10);
19. terms of office of Board, committee and sub-committee members under Section 42(11);
20. deposit of undisbursed dues under Section 44(1)(b);
21. form of a single application for multiple employees under Section 45(5);
22. form of appeal under Section 49(1);
23. maintenance of employer registers under Section 50(1);
24. form and manner of issuing wage slips under Section 50(3);
25. other powers of the Inspector-cum-Facilitator under Section 51(5);
26. manner of imposing fine under Section 56(1);
27. manner of composition of offences under Section 56(4); and
28. any other matter required or permitted to be prescribed under the Code.

Special rule-making power of the Central Government - Section 67(3)

Section 67(3) separately authorises the Central Government, subject to previous publication, to make rules on specified subjects. These include the manner of fixing the floor wage under Section 9(1), consultation with State Governments under Section 9(3), set-on and set-off matters under Section 26(7), calculation of gross profit under Section 32, further sums under Section 34(c), utilisation and carry-forward of allocable surplus or deficiency under Section 36, and the manner of holding an enquiry under Section 53(1).

Parliamentary and State Legislature scrutiny - Sections 67(4) and 67(5)

Rules made by the Central Government under Section 67 must be laid before each House of Parliament for the statutory period specified in Section 67(4). Parliament may agree to modify a rule or agree that it should not be made, without prejudicing the validity of action already taken under the rule before such modification or annulment.

Under Section 67(5), every rule made by a State Government under this section must be laid before the State Legislature as soon as possible after it is made.

Why Section 67 is important

The Code establishes the legislative framework, while Section 67 supplies the authority for detailed subordinate legislation on calculation, procedure, records, wage slips, deductions, claims, inspections and related implementation matters. For practical compliance, the Code should therefore be read together with the rules applicable to the establishment and the relevant Central or State notifications.

Official legal resources

For authoritative and updated material, see the Code on Wages, 2019 on India Code, the Ministry of Labour and Employment, and the Ministry's notifications and rules issued under the Code.

Legal texts and subordinate legislation may be amended or supplemented. Verify the latest Gazette notification and the rules applicable to the relevant establishment and jurisdiction before relying on this page for compliance.