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

The Central Government notifies that Chapter X of the Code on Wages comes into force from a certain date, while other chapters are notified later. A clause in the Code refers to 'the commencement of this Code'. How must that reference be read for Chapter X?

The reference is construed as the date on which that particular provision comes into force. Because different dates may be appointed for different provisions, each provision reads 'commencement of this Code' as its own coming into force.

  1. AAs the date on which the last provision of the Code comes into force
  2. BAs the date of the Presidential assent to the Code
  3. CAs the date on which that particular provision comes into forceCorrect
  4. DAs the first day of the financial year following notification

Explanation

The commencement clause provides that any reference in a provision to the commencement of the Code is construed as a reference to the coming into force of that provision. Hence for Chapter X the relevant date is its own notified date. Treating it as the last provision's date is wrong.

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