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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Code on Wages, 2019

Rohit argues that because the Central Government notified only a few provisions in December 2020, such as those relating to the Central Advisory Board, the entire Code on Wages, 2019 was then in force. Which assessment is correct under the Code's commencement clause?

His assessment is incorrect. The Code allows the Central Government to appoint different dates for different provisions, so notification of selected provisions, such as those on the Central Advisory Board, brought only those provisions into force, not the entire Code.

  1. AHe is correct, because notifying any one provision brings the whole Code into force
  2. BHe is correct, because the extent clause makes all provisions effective immediately
  3. CHe is incorrect, because the Code can come into force only through a State Government notification
  4. DHe is incorrect, because the Central Government may appoint different dates for different provisions, so only the notified provisions were then in forceCorrect

Explanation

The commencement clause allows different dates for different provisions, and the footnote records that only specified provisions took effect on 18 December 2020. Therefore only those provisions were operative. His view fails because partial notification does not activate unnotified provisions.

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