Section 38:
Power to make rules.
(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.]
Notes:
1. Subs. by Act 36 of 1956, s. 26, for "and Tribunals" (w.e.f. 10-3-1957).
2. Ins. by s. 26, ibid. (w.e.f. 10-3-1957).
3. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
4. Clause ibid. omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010).
5. Subs. by s. 8, ibid., for clause (c) (w.e.f. 15-9-2010).
6. Subs. by 36 of 1956, s. 26, for "or Tribunal" (w.e.f. 10-3-1957).
7. Ins. by s. 26, ibid. (w.e.f. 10-3-1957).
8. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
9. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976).