Section 26: Rule-making power

26. Rule-making power.—(1) The 3[Provincial Government] may make rules4 to regulate the procedure to be followed by the authorities and Courts referred to in sections 15 and 17. (2) The 5[Provincial Government] may, 6* * *, by notification in the 7[official Gazette], make rules8 for the purpose of carrying into effect the provisions of this Act. 1Section 21A omitted by the Payment of Wages (Amdt.) Act, 1973 (17 of 1973), s. 5, which was amended by Ord., 9 of 1972, s. 2 and First Sch. 2This section was amended by A.O., 1937 and A.O., 1961. 3Subs. by A. O., 1937., for “G.G. in C.”. 4For the Payment of Wages (Procedure) Rules, 1937, made by the Governor General in Council under this provisions, see Gazette of India, 1937, Pt., I, pp. 303-312. 5 Subs. by A. O., 1937 for “L.G.”. 6The words “Subject to the control of the G.G. in C.”, omitted ibid. 7Subs. ibid., for “local official Gazette”. 8For the payment of wages (Railways) Rules, 1937,made by the G.G in C. under this provision read with s.24, see Gazette of India, 1937, Pt.I,pp.503- 512. For the payment of wages (Karachi Port) Rules, 1958, see Gaz. of P., 1958, Pt.I, pp.216-223. (3) In particular and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may— (a) require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the Act and prescribe the form thereof; (b) require the display in a conspicuous place on premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises; (c) provide for the regular inspection of the weights, measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them; (d) prescribe the manner of giving notice of the days on which wages will be paid; (e) prescribe the authority competent to approve under sub-section (1) of section 8 acts and omissions in respect of which fines may be imposed; (f) prescribe the procedure for the imposition of fines under section 8 and for the making of the deductions referred to in section 10; (g) prescribe the conditions subject to which deductions may be made under the proviso to sub-section (2) of section 9; (h) prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended; (i) prescribe the extent to which advances may be made and the installments by which they may be recovered with reference to clause (b) of section 12; (j) regulate the scales of costs which may be allowed in proceedings under this Act; (k) prescribe the amount of court-fees payable in respect of any proceedings under this Act; and (l) prescribe the abstracts to be contained in the notices required by section 25. (4) In making any rule under this section the 1[Provincial Government] may provide that a contravention of the rule shall be punishable with fine which may extend to two hundred rupees. (5) All rules made under this section shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897, shall not be less than three months from the date on which the draft of the proposed rules was published. 1 Subs. by A.O., 1937, for “L.G.”.

Effective date: 1936-01-01

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