What are Manipur's rules under the Code on Wages, 2019?
Jurisdiction: Manipur state rules under the Code on Wages, 2019.
Manipur published the draft Code on Wages (Manipur) Rules, 2021 on 19 November 2021 (Manipur Extraordinary Gazette No. 240) under section 67 of the Code on Wages, 2019, for a 45-day objection period. The draft adapts most of the Code on Wages (Central) Rules, 2020 and separately constitutes the state advisory board and committees. This page synthesizes those provisions; the verbatim rule-by-rule text is on the linked /states page and the source PDF is available below.
Key facts
- Parent code
- Code on Wages, 2019
- Jurisdiction
- Manipur (state rules)
- Published
- 19 November 2021
- Gazette reference
- Notification No. 5/44/2018-L&E(Pt-3), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 240, 19 November 2021
Key obligations
Scope, commencement and draft status
Source: Rule 1 and the notification header
The rules are titled the Code on Wages (Manipur) Rules, 2021, extend to the whole state, and were published in draft for public objection.
- These rules may be called the Code on Wages (Manipur) Rules, 2021 and extend to the whole of Manipur (rule 1(1) to (2)).
- They come into force from the date of their final publication in the Official Gazette (rule 1(3)); as published they are draft rules issued under section 67(1) of the Code on Wages, 2019 for a 45-day objection period, not final notified rules (notification header).
- The draft is made in supersession of the Manipur Payment of Wages Rules, the Manipur Payment of Wages (Procedure) Rules and the Manipur Minimum Wages Rules, which are repealed by the Code on Wages, 2019 except as respects things done or omitted before such supersession (notification header).
Definitions and adaptation of the Central Rules
Source: Rule 2 (definitions), the adaptation clause and the explanatory statement
Most substantive wage content is imported by adapting the Code on Wages (Central) Rules, 2020 rather than being restated in the Manipur draft.
- The rules define Central Government, Code, Labour and Employment Department, section and State Government by reference to the Manipur context (rule 2).
- The Code on Wages (Central) Rules, 2020 are adapted for Manipur except their rules 1, 11, 12 and 28 to 45, with central designations such as Chief Labour Commissioner (Central) and Labour Enforcement Officer (C) read as the Labour Commissioner, Manipur and Labour Inspector; the parsed gazette numbers this adaptation clause as a second rule 2, an apparent OCR duplication of the definitions rule number.
- The draft's explanatory statement records that central rules 2 to 10, 13 to 27 and 46 to 58 are adopted because the matters to be prescribed are the same, so the minimum-wage, deduction and record provisions live in the adapted Central Rules; the statement's reference to the Industrial Relations Code, 2020 in this wages instrument appears to be a drafting slip carried through the gazette (explanatory statement).
State Advisory Board and committees
Source: Rules 3 to 20 (Chapter II)
The draft's own substantive machinery constitutes the State Advisory Board and its committees and governs their meetings, tenure and membership.
- The State Advisory Board under section 42(4) has six members representing employers, six representing employees and six independent persons, of whom six in all must be women, and the State Government appoints one independent member as Chairperson; committees and sub-committees under section 42(5) mirror this composition, with the Board appointing their chairperson (rule 3).
- The Chairperson fixes and convenes meetings and must call one on the written requisition of at least half the members, with at least fifteen days' notice in writing, reduced to seven days for an emergency meeting (rules 4 to 5).
- Quorum is at least one-third of members including at least one employer and one employee representative; a meeting short of quorum is adjourned to a date within seven days and may then transact business regardless of numbers (rule 7), and business is decided by majority with the Chairperson holding a casting vote, or by circulation supported by a two-thirds majority (rule 8).
- Members of the Board and of committees ordinarily hold office for two years and continue until a successor is appointed, holding office during the pleasure of the State Government (rules 12 to 13), and draw travelling and halting allowance at the rate applicable to a Group-A State Government officer (rule 14).
- A member who fails to attend three consecutive meetings without the Chairperson's prior permission ceases to be a member (rule 19), and unsound mind, undischarged insolvency or conviction for an offence involving moral turpitude disqualifies a person from membership (rule 20).
Removal of difficulty and residuary matters
Source: Rules 21 to 22 (Chapter III)
The closing chapter leaves interpretation difficulties and unprovided matters to the State Government.
- Any difficulty in the interpretation of a rule is referred to the State Government, whose decision is binding (rule 21).
- Matters for which the rules make no express provision are referred by the Labour and Employment Department to the State Government, and any such decision is notified in the Official Gazette (rule 22).
Frequently asked questions
Official gazette PDF
Notification No. 5/44/2018-L&E(Pt-3), dated 19 November 2021, Government of Manipur, Skill, Labour, Employment and Entrepreneurship Department, published in the Manipur Extraordinary Gazette No. 240, 19 November 2021