LAE/148/2026/1603

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The Arunachal Pradesh Gazette

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 263, Vol. XXXIII, Naharlagun, Friday, September 11, 2026, Bhadra 20, 1948 (Saka) GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF LABOUR AND EMPLOYMENT ITANAGAR

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NOTIFICATION

The 8th September, 2026

No. LAE/148/2026/1603.—In exercise of the powers conferred by Section 67 of Code on Wages, 2019, read with Rule 57 of the Code on Wages (Arunachal Pradesh) Rules, 2022, the Government of Arunachal Pradesh is pleased to publish the following draft amendment rules, for information of all persons likely to be affected thereby and notice is hereby given that the said draft proposal shall be taken into consideration after the expiry of 30 (thirty) days from the date of publication in the Official Gazette.

Any objection and suggestion, which may be received from any persons or organization with respect to this draft proposal within the period specified above, will be considered by the State Government. Objections and suggestions may be addressed to the Secretary, Department of Labour and Employment, Government of Arunachal Pradesh, Arunachal Pradesh Civil Secretariat, Itanagar or by e-mail to [email protected].

RULES

1. Short title and commencement :

(i) These rules may be called the Code on Wages (Arunachal Pradesh) First Amendment Rules, 2026.

(ii) They shall come into force on the date of their publication in the Arunachal Pradesh Official Gazette.

2. Amendment of rule 2. :

In the Code on Wages (Arunachal Pradesh) Rules, 2022 (hereinafter referred to as "the principal rules"), in sub-rule (1), in rule 2,

(i) After clause (h), the following clause shall be inserted, namely:-

"(ha) "Electronically" means any information submitted by email or maintained or displayed on the designated portal or mobile application or website or digital Payment in any mode for the purposes of this Code ;

(ii) After clause (i), the following clauses shall be inserted, namely :-

'(ia) "Family" means all or any of the following relatives of an employee, namely:-

(i) a spouse;

(ii) a minor legitimate or adopted child dependent upon the employee;

(iii) a child who is wholly dependent on the earnings of the employee and who is (a) receiving education, till he attains the age of twenty-one years; and

(b) an unmarried daughter;

(iv) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee, so long as the infirmity continues;

(v) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be specified by the Central Government from time to time;

"(ib) "Geographical area" means the areas notified by the State Government from time to time;" (iii) After clause (1), the following clause shall be inserted, namely :-

"(la) "Normal rate of wage" means wage as defined under clause (y) of Section 2 of the Code." (iv) In clause (m), for the words and figures "a trade union registered under the Trade Unions Act, 1926 (16 of 1926)", the following shall be substituted, namely :-

"a trade union registered under the Industrial Relations Code, 2020. (35 of 2020)"2 The Arunachal Pradesh Extraordinary Gazette, September 11, 2026 3. Amendment of Rule 6 : In the principal Rules, in rule 6,-

(i) After sub-rule (1), the following proviso shall be inserted, namely :-

"Provided that the interval for rest for an employee shall be in accordance with the notification issued in this regard under the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020)."

(ii) After sub-rule (2),the following sub-rule shall be inserted, namely :-

"(2-A)The working day of an employee whose wage period is other than on a daily basis shall be so arranged that the total number of working hours in a week shall not exceed forty-eight hours.";

(iii) in sub-rule (4), 'the Factories Act, 1948 (63 of 1948)' shall be substituted with the"Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020)."

4. Amendment of Rule 7 :

In the principal rules, in rule 7,-

(i) Sub-rule (1), shall be substituted in its entirety with the following, namely :-

"(1) Subject to the provisions of this rule, an employee shall be allowed a day of rest in every week (hereinafter referred to as 'the rest day'), which shall ordinarily be a Sunday in the case of a six-day working week and in the case of a working week of less than six days, the rest day shall include Saturday and Sunday; however, the employer may fix any other day of the week as the rest day for any employee or class of employees:

Provided that in a six-days working week or less than six-days working week, as the case may be, the remaining days of the week shall be paid rest days for such employees:";

Provided that an employee shall be entitled for the rest day under this sub-rule if he has worked under the same employer for a continuous period of not less than six days and in the case of less than six-days working week for a continuous period of the stipulated number of working days, as the case may be :

Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector-cum-Facilitator in this behalf.

Explanation : For the purpose of computation of the continuous period of not less than six days specified in the second proviso to this sub-rule,(a) any day on which an employee is required to attend for work but is given only an allowance for attendance and is not provided with work;

(b) "any day on which an employee is laid off on payment of compensation under the Industrial Relations Code, 2020 (35 of 2020)"; and;

(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days or during the stipulated number of working days in a week, as the case may be immediately preceding the rest day, shall be deemed to be days on which the employee has worked".

5. Amendment of rule 9 :

In the principal rules, in rule 9, the following Sub-rule(f) shall be inserted, namely :-

"The overtime of the categories of employees referred to in sub-rule (1) shall be as per Section 14 of the Code."

6. Insertion of new rule 10- A :

In the principal rules, after rule 10, the following rule shall be inserted, namely :-

"10-A. Payment of wages for less than normal working day. An employee shall not be entitled to receive wages for a full normal working day under Section 10 of the Code, in case the employee had agreed to work on a part-time basis, as per the terms of employment, or is not otherwise entitled to receive such wages under any other labour law for the time being in force."

7. Amendment of rule 13 :

In the principal rules, in place of rule 13, in its entirety, the following shall be substituted, namely:

"13. The manner of exhibiting the notice under sub-section(2)of Section 19. A notice referred to in sub-section (2) of Section 19 shall be displayed in physical form or electronically in Hindi, English and the local language at the conspicuous places in the premises of the work place in which the employment is carried on, so that every concerned employee would be able to read the contents of the notice easily and a copy of the notice shall be sent electronically or by speed post to the Inspector-cum-Facilitator having jurisdiction".

In the principal rules, in place of rule 14, in its entirety, the following shall be substituted, namely :

"14. Procedure for imposing fines : (1) As per sub-section (3) of Section 19, the employer shall give intimation electronically or in writing to the employee concerned, specifying therein the particulars of acts and omissions done by the employee warranting the imposition of a fine, for showing cause within seven days.

(2) On establishment of charges, fine shall be imposed on the delinquent employee.

(3) Wherein no reply is received from the employee within the scheduled period, fine shall be imposed and the same shall be intimated to the employee within fifteen days of the imposition of such fine".

9. Insertion of new rule 36-A :

In the principal rules, after rule 36, the following rule shall be inserted, namely :-

"36-A. Summoning of witnesses and production of documents : (1) The Chairperson of the Board may summon any person to appear as a witness if required in the course of the discharge of the Board's functions and may require any person to produce any document relevant to any matter before the Board.

(2) Every person who is summoned and appears as a witness before the Board shall be entitled to an allowance for expenses incurred in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing before a civil court".

10. Amendment of rule 38 :

In the principal rules, in rule 38, in sub-rule (2), after the words, "in whose place he is nominated", the following shall be inserted :-

"or till the time a regular incumbent joins,"

11. Amendment of rule 45 :

In the principal rules, in place of Rule 45 in its entirety, the following shall be substituted, namely :-

"45. Payment of undisbursed dues to nominees in case of death of employee : (1) (a) In pursuance of clause (a) of sub-section (1) of Section 44, every employee shall make a declaration in Form - VII physically or electronically, nominating a person conferring the right to receive the amount that may stand in the credit of the employee on the event of death, before that amount standing to the credit of such employee has become payable or where the amount has become payable, before payment has been made.

(b) If the employee has a family at the time of making nomination, the nomination shall be in favour of the spouse or the spouse in preference followed by one or more members of the family :

Provided that nomination made by an employee having a family in favour of a person other than a member of the family shall be invalid :

Provided further that a fresh nomination towards the spouse of the employee shall be made by the employee on marriage and any nomination made before such marriage shall be deemed to be invalid.

(c) Where the nomination is wholly or partly in favour of a minor, the employee may appoint a major person of the family to be the guardian of the minor nominee or, where there is no major person in the family, the employee may by discretion appoint any other person to be the guardian of the minor nominee.

(d) If the employee nominates more than one member, the nomination shall specify the amount or share payable to each nominee at the employee's own discretion so as to cover the whole of the amount that may stand to the credit of the employee.

(2) Where any amount payable to an employee under the Code is due after the death of the employee or on account of the whereabouts of the employee not being known and the amount could not be paid to the nominee of the employee until the expiry of three months from the date the amount had become payable, then, such amount shall be deposited by the employer with the authority appointed or notified for the purpose by the State Government, who shall disburse the amount to the person nominated by the employee after ascertaining the identity of the employee within two months of the date on which the amount was so deposited".

12. Amendment of rule 48 :

In the principal rules, in place of Rule 48, in its entirety, the following rule shall be substituted, namely :-

"48. Form and procedure for filing claims : (1) A single application on behalf of or in respect of any number of or group of employees employed in the same establishment, wherein their claims relate to the same wage period or any incident of discrimination, may be filed under sub-section (5) of Section 45 in Form-II, manually or electronically, along with documents specified in the said Form, before the authority appointed or notified by the State Government under sub-section (1) of Section 45, to hear and determine the claims which arise under the provisions of the Code.

(2) Where an application under sub-rule (1) is filed, the authority shall serve upon the employer, electronically or by speed post, a notice in Form VIII to appear before it on the date specified in the notice with all relevant documents and witnesses, if any and shall inform the applicant of the date so specified.

(3) In case where the employer or their representative fails to appear on the specified date, the authority may hear and determine the application ex-parte.

(4) In case where the applicant or their representative fails to appear on the specified date without any reasonable cause shown in advance, the authority may dismiss the application".

13. Insertion of new rule 48 A :

In the principal rules, after rule 48, the following rule shall be inserted, namely :-

"48A. Returns : The returns shall be filed electronically by every employer of an establishment to which the Code applies, in the Forms specified under the Occupational, Safety, Health and Working Conditions Code, 2020 (37 of 2020)".

14. Amendment of rule 49 :

In the principal rules, in place of Rule 49, in its entirety, the following rule shall be substituted, namely:-

"49. Appeal : (1) Any person aggrieved by an order passed by the authority under sub-section (2) of Section 45 may prefer an appeal under sub-section (1) of Section 46 in Form-III, electronically or by speed post, along with documents mentioned by the appellant in such Form, to the appellate authority having jurisdiction.

Provided that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant has deposited the claim amount with the appellate authority.

(2) Where an appeal under sub-rule (1) is filed, the appellate authority shall serve upon the respondent electronically or by speed post, a notice in Form VIII to appear before it on the date specified in the notice with all relevant documents and witnesses, if any and shall inform the applicant of the date so specified.

(3) In case where the employer or their representative fails to appear on the specified date, the authority may hear and determine the application ex-parte.

(4) In case where the application or their representative fails to appear on the specified date, the authority may dismiss the appeal.

15. Amendment of rule 50 :

In the principal rules, in place of Rule 50 in its entirety, the following rule shall be substituted, namely:-

"50. Form of register, etc : (1) The employer of all establishments to which the Code applies shall maintain under sub-section (1) of Section 50, electronically or in physical form in the formats appended to these rules, the following registers, namely :

(i) Employee Register in Form - IV;

(ii) Register of Wages, Overtime, Advances, Fines and Deductions for Damage and Loss in Form I; and

(iii) Attendance Register-cum-Muster Roll in Form - IX.

(2) All fines and all realisation referred to in sub-section (8) of Section 19 shall be recorded in a register to be kept by the employer electronically or in physical form in Form - I.

(3) All deductions and realisations referred to in sub-section (3) of Section 21 shall be recorded in a register to be kept by the employer electronically or in physical form in Form - I.

(4) The registers maintained under these rules shall be preserved for a period of five years after the date of last entry made therein".

16. Amendment of rule 53 :

In the principal rules, in rule 53, after sub-rule (3), the following sub-rules shall be inserted, namely:-

"(4) The notified officer shall issue a composition certificate in Part-B of Form VI within ten days of the receipt of the composition amount, to such person from whom such amount has been received in compliance of the composition notice.

(5) In case where a person so noticed fails to deposit the composition amount within the time specified by the compounding officer, prosecution shall be instituted before the competent court against such person for such offence in respect of which the compounding notice was issued.

17. Amendment of the Forms :

In the Code on Wages (Arunachal Pradesh)Rules, 2022 (hereinafter referred to as the said rules), for the Forms appended thereto,

(i) For Form - IV, the following form shall be substituted, namely :

*(Highly Skilled/Skilled/Semi-Skilled/Unskilled)

**(Permanent/Temporary/FixedTerm/Trainee/Badli)

(ii) after Form - IV, the following Forms shall be inserted, namely :

[See rule 53 (1)]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 56

FOR COMPOSITION OF OFFENCE

1. Name of applicant : ....................................................................................................................

2. Father's/Spouse name : ..............................................................................................................

3. Address of the applicant : ...........................................................................................................

4. Particulars of the offence : ............................................................................................................

5. Section of the Code under which the offence is committed : ............................................................

6. Maximum fine provided for the offence under the Code : ...................................................................

7. Whether prosecution against the applicant is pending or not.............................................................

8. Whether the offence is first offence or the applicant had committed any other offence prior to the offence. If yes, then, full details of the prior offence.

.............................................................................................................................................................

..................................................................................................................................................

9. Any other information which the applicant desires to provide

.............................................................................................................................................................

..................................................................................................................................................

Dated :

Applicant (Name and Signature)

PART - B

[See rule 53 (3)]

Composition Certificate

Date :

Ref : Notice No..................

This is to certify that the offence under sub-section .............. of Section 54 in respect of which Notice No. ........ Dated : ...................................... was issued to Shri....................................................

(Applicant), the employer of ...................................................................... (name and registration number of establishment) has been compounded on account of remission of full amount of `........................(Rupees) ..................................) towards the composition of offences to the satisfaction of the said notice.

(Signature) Name and Designation of the Officer

Date :

Place :

To :

.................................................. (Employer/Establishment)

................................................... (Name and registration number)

.................................................. (Address)The Arunachal Pradesh Extraordinary Gazette, September 11, 2026 7 FORM - VII [See clause (a) of sub rule (1) of rule 45] NOMINATION FORM 1. Name of person making nomination (In block letters) :

2. Father's/Spouse's Name :

3. Date of Birth :

4. Sex :

5. Marital Status:

6. Address :

Permanent :

Temporary :

I hereby nominate the person(s)/cancel the nomination made by me previously and nominate the person(s) mentioned below to receive any amount due to me from the employer in the event of my death:

1. Certified that I have no family and if I acquire a family hereafter, the above nomination shall be deemed as cancelled.

2. Certified that my father/mother is/are dependent upon me.

3. Strike out whichever is not applicable.

Signature or the thumb impression of the employee

CERTIFICATE BY EMPLOYER

Certified that the above declaration and nomination has been signed/thumb impressed before me by Shri/Smt/Ku................................................................. employed in my establishment after he/she has read the entry/entries or have been read over to him/her by me and got confirmed by him/her in either of the cases. Signature of the employer or other authorised officer of the establishment and Designation Place :

Date :

Name and Address of the Factory/Establishment and rubber stamp thereof

ACKNOWLEDGEMENT BY THE EMPLOYEE

Received the duplicate copy of nomination in Form VII filed by me and duly certified by the employer.

Date :

Signature of the Employee8 The Arunachal Pradesh Extraordinary Gazette, September 11, 2026 FORM - VIII (See sub-rule (2) of Rule 49) (A) FORM OF NOTICE TO THE RESPONDENT TO BE ISSUED BY

THE AUTHORITY UNDER SUB-SECTION (5) OF SECTION 45

(Title of the application)

To,

Name Address

Whereas ......................................... (name of the applicant) has made the above said application to me under the Code on Wages, 2019, you are hereby summoned to appear before me in person or by a duly authorized representative and required to answer all material questions relating to the application, or shall be accompanied by some person duly authorized by you and able to answer such question on the ........................... Day of............20....... at.............. AM/PM, to answer the claim in application and as the day fixed for the appearance is appointed for the final disposal of the application, you must be prepared to produce on that day all the witnesses upon whose evidence and the documents upon which you intend to rely in support of your defense.

Take notice that in default of your appearance on the day mentioned here above, the application will be heard and disposed of in your absence.

Date...............................

Signature of the authority with seal

(B) FORM OF NOTICE TO THE RESPONDENT TO BE ISSUED BY

THE APPELLATE AUTHORITY UNDER SUB-SECTION (1)

OF SECTION 49

(Title of the appeal)

To,

Name Address

Take notice that an appeal (copy of which is enclosed) under Section 49 of the Code on Wages, 2019 has been presented by ......................................................................(name of appellant) before this appellate authority and that the ............................day of ........... 20..... has been fixed by this appellate authority for the hearing of the appeal.

If no appearance is made by you in person or by a duly authorized representative to act for you in this appeal, it will be heard and decided in your absence.

Date.........................

Signature of the Appellate authority with sealThe Arunachal Pradesh Extraordinary Gazette, September 11, 2026 9 FORM - IX [See clause (iii) of sub-rule (1) of Rule 50] ATTENDANCE REGISTER CUM MUSTER ROLL

*Note : Required in case register is maintained physically.

This order shall come into force with immediate effect.

Kanki Darang

Secretary (Labour and Employment),

Government of Arunachal Pradesh,

Itanagar.

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Published and Printed by Directorate of Printing and Stationery, Naharlagun—651/2026-DoP-250+Secy (Labour & Employment)-200-9-2026.