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Section 67: Repeal and savings

The Code on Wages, 2019 (Act No. 29 of 2019) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IX: Miscellaneous
Competent Labour Forum
Act No. 29 of 2019
Section 66 All 67 Sections of Code on Wages, 2019

Legal Commentary & Landmark Judgments: Section 67

Section 67 of the Code on Wages, 2019 delegates comprehensive rule-making powers to the appropriate Government (Central and State), detailing an exhaustive regulatory matrix governing wage periods, deductions, minimum wage revision intervals, web-based inspections, claims adjudication, appeals, and compounding, while mandating prior publication and legislative laying, and marking the formal statutory transition from the four repealed labor enactments.

  • Exhaustive Regulatory Matrix: Sub-section (2) enumerates extensive subjects for rule-making, including: fixation of wage periods, calculation of overtime, manner of wage payment, limits and deductions, constitution of Advisory Boards, web-based inspection schemes, procedural rules for Section 45 claims, appellate procedure under Section 49, digital register formats under Section 50, and composition modalities under Section 56.
  • Mandatory Condition of Prior Publication: Sub-section (1) makes the power to make rules subject to the condition of previous publication in the Official Gazette for public feedback (typically 45 days), ensuring democratic stakeholder consultation before draft rules are finalized.
  • Parliamentary / State Legislative Laying & Repeal Context: Rules made under Section 67 must be laid before Parliament (for Central rules) or the State Legislature (for State rules) for thirty days. In the broader statutory context of replacing the four legacy statutes (Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965, and Equal Remuneration Act 1976), Section 67 rules provide the administrative operational architecture replacing decades of fragmented state rules.
Key Landmark Precedents:
  • State of Tamil Nadu v. P. Krishnamurthy (2006) 4 SCC 517: The Supreme Court laid down the definitive parameters for judicial review of subordinate legislation: rules can be struck down if they are ultra vires the parent Act, contrary to other statutory laws, unconstitutional, or manifestly arbitrary.
  • Express Newspapers (P) Ltd. v. Union of India AIR 1958 SC 578: The Supreme Court examined statutory rule-making in wage fixation, holding that administrative rules must conform strictly to statutory standards and provide fair procedural safeguards to industry.
  • Kerala State Electricity Board v. Indian Aluminium Co. Ltd. (1976) 1 SCC 466: The Supreme Court held that subordinate legislation must be read consistently with the parent statute, and any rule exceeding statutory authority is invalid.
Courtroom Practice & Strategic Litigation Guidance:

Employers, compliance officers, and trade unions must actively participate when Central or State Governments publish draft rules under Section 67 during the prior-publication window. Once finalized, rules must be reviewed against the parent Code; if a State rule imposes an unauthorized restriction or penalty exceeding the Code's provisions, it can be challenged by writ petition under Article 226 as ultra vires subordinate legislation.

Section 66 All 67 Sections of Code on Wages, 2019