Section 38 — Power to make rules.- (1) The appropriate Government may, subject to the condition of previous publication, make rules f

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 5[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 1 Subs. by Act 36 of 1956, sec. 24, for “before a Tribunal” (w.e.f. 10.3.1957). 2 Subs. by Act 36 of 1956, sec. 24, for “with the leave of the Tribunal” (w.e.f. 10.3.1957). 3 Ins. by Act No.36 of 1956 (w.e.f. 10.3.1957) 4 Ins. by Act No.46 of 1982. 5 Subs. by Act No.36 of 1956 (w.e.f. 10.3.1957) Sec. 38 The Industrial Disputes Act, 1947 43 investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards; 1[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties, 2[the manner in which a notification may be issued under sub-section (3-A) 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;] 3[(ab) the constitution of Grievance Settlement Authorities referred to in Section 9C, the manner in which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to disputes referred to them and the period within which such proceedings shall be completed:] (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 allowances admissible to members of Court 4[and Boards and presiding officers of Labour Courts, Tribunals and National Tribunals] and to assessors and witnesses; (d) the ministerial establishment which may be allotted to a Court, Board, 5[Labour Court, Tribunal or National Tribunal] and the salaries and allowances payable to members of such establishment; (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 manner 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 down before the State Legislature or, where the appropriate Government is the Central Government, before both the Houses of Parliament.] 8[(5) Every rule made by the Central Government under this section shall be 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] 1 Ins. by Act No.36 of 1956 (w.e.f. 10.3.1957) 2 Ins. by Act No.36 of 1964 (w.e.f. 15.12.1964) 3 Ins. by Act 46 of 1982. 4 Subs. by Act 36 of 1956, sec. 26, for “Boards and Tribunals” (w.e.f. 10.3.1957). 5 Subs. by Act 36 of 1956, sec. 24, for “or Tribunal” (w.e.f. 10.3.1957). 6 Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10.3.1957). 7 Ins. by Act 36 of 1956, sec. 26 (w.e.f. 10.3.1957). 8 Ins. by Act 36 of 1956, sec. 20 (w.e.f. 19.12.1964). 9 Subs. by Act No. 32 of 1976 , sec. 5, for certain words (w.e.f. 5.3.1976). 44 The Industrial Disputes Act, 1947 Schedule 39 both Houses agree in making any modifications 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[39. Delegation of powers.- The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,-- (a) where the appropriate Government is Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification; and (b) where the appropriate Government is a State Government by such officer or authority subordinate to the State Government as may be specified in the notification.] 2[40. Power to amend Schedules.- (1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly. (2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly. (3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] Schedule 3[THE FIRST SCHEDULE [SEE SECTION 2(N) (VI)] Industries which may be declared to be Public Utility Services under sub-clause (vi) of clause (n) of section 2

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