Central Advisory Board and State Advisory Boards
Section 42 of the Code on Wages, 2019 deals with central Advisory Board and State Advisory Boards. The Central Government shall constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government-- (a) representing employers; The Act was enacted on 08 Aug 2019.
(1) The Central Government shall constitute the Central Advisory Board which shall consist of persons to be nominated by the Central Government--
(a) representing employers;
(b) representing employees which shall be equal in number of the members specified in clause (a);
(c) independent persons, not exceeding one-third of the total members of the Board; and
(d) five representatives of such State Governments as may be nominated by the Central Government.
(2) One-third of the members referred to in sub-section (1) shall be women and a member specified in clause (c) of the said sub-section shall be appointed by the Central Government as the Chairperson of the Board.
(3) The Central Advisory Board constituted under sub-section (1) shall from time to time advise the Central Government on reference of issues relating to--
(a) fixation or revision of minimum wages and other connected matters;
(b) providing increasing employment opportunities for women;
(c) the extent to which women may be employed in such establishments or employments as the Central Government may, by notification, specify in this behalf; and
(d) any other matter relating to this Code,
and on such advice, the Central Government may issue directions to the State Government as it deems fit in respect of matters relating to issues referred to the Board.
(4) Every State Government shall constitute a State Advisory Board for advising the State Government--
(a) in fixation or revision of minimum wages and other connected matters;
(b) for the purpose of providing increasing employment opportunities for women;
(c) with regard to the extent to which women may be employed in such establishments or employments as the State Government may, by notification, specify in this behalf; and
(d) in any other matter relating to this Code, which the State Government may refer from time to time to the Board.
(5) The State Advisory Board may constitute one or more committees or sub-committees to look into issues pertaining to matters specified in clauses (a) to (d) of sub-section (4).
(6) The State Advisory Board and each of the committees and sub-committees thereof shall consist of persons.--
(a) representing employers;
(b) representing employees which shall be equal in number of the members specified in clause (a); and
(c) independent persons, not exceeding one-third of the total members of the Board or committee or sub-committee, as the case may be.
(7) One-third of the members referred to in sub-section (6) shall be women and one among the members specified in clause (c) of the said sub-section shall be--
(a) appointed by the State Government as the Chairperson of the Board;
(b) appointed by the State Advisory Board as the Chairperson of the committee or subcommittee, as the case may be.
(8) In tendering its advice in the matters specified in clause (b) or clause (c) of sub-section (4), the State Advisory Board shall have regard to the number of women employed in the concerned establishment, or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including part time employment, and such other relevant factors as the Board may think fit.
(9) The State Government may, after considering the advice tendered to it by the State Advisory Board and after inviting and considering the representations from establishment or employees or any other person which that Government thinks fit, issue such direction as may be deemed necessary.
(10) The Central Advisory Board referred to in sub-section (1) and the State Advisory Board referred to in sub-section (4) shall respectively regulate their own procedure including that of the committees and sub-committees constituted by the State Advisory Board, in such manner as may be prescribed.
(11) The terms of office of the Central Advisory Board referred to in sub-section (1) and the State Advisory Board referred to in sub-section (4) including that of the committees and sub-committees constituted by the State Advisory Board, shall be such as may be prescribed.
Section 42, The Code on Wages, 2019 (Act 29 of 2019).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhyanh Bhojan Karmi Union M.P. Bhopal v. State of Madhya Pradesh
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2021-02-09 (order-1.pdf): Anganwadi cooks’ union sought HC direction to pay skilled minimum wages / begar. Court holds underpayment is not begar and remits claimants to MW Act s.20 authority. Rejects plea that Code on Wages, 2019 has repealed MW Act so as to leave workers remediless: Code received assent 08.08.2019; s.1(3) makes commencement notification-dependent; Gazette publication alone does not commence the Code; only ss.42, 67 and 69 (and s.69 insofar as it relates to MW Act ss.7–9) notified from 18.12.2020 — remaining Code (including general claims) not in force.
On this section: s.42 Advisory Boards identified as notified/operative from 18.12.2020 while substantive wage-claims Code machinery remains uncommenced.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Code on Wages?
Madhyanh Bhojan Karmi Union M.P. Bhopal v. State of Madhya Pradesh (09 Feb 2021) is the leading judgment on this section among those set out below: s.42 Advisory Boards identified as notified/operative from 18.12.2020 while substantive wage-claims Code machinery remains uncommenced.
How do I find court cases under Section 42 of the Code on Wages?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code on Wages 2019 42, section 42 Code on Wages 2019, section 42 of the Code on Wages. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Madhyanh Bhojan Karmi Union M.P. Bhopal v. State of Madhya Pradesh (09 Feb 2021).
What should I read with Section 42 of the Code on Wages, and has it changed?
4 other provisions in this corpus refer back to it.
When was Section 42 of the Code on Wages enacted?
Section 42 of the Code on Wages, cited as Code on Wages 2019 42, was enacted on 08 Aug 2019 as Act 29 of 2019. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1802 words
- 67. Power of appropriate Government to make rules1008 words
- 18. Deductions which may be made from wages883 words
- 26. Eligibility for bonus, etc843 words
- 51. Appointment of Inspector-cum-Facilitators and their powers456 words
- 47. Presumption about accuracy of balance sheet and profit and loss account of corporations and companies405 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.