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CS Executive · Setting Up of Business, Industrial and Labour Laws · Evaluation of Labour Legislation and need of Labour Code

The Central Government notifies that only some provisions of a labour Code will operate from a certain date and the rest from later dates. Under the commencement clause of the Industrial Relations Code, 2020, what is the effect of a reference in a provision to the 'commencement of this Code'?

Where different provisions are brought into force on different dates, a reference in any provision to the commencement of the Code is construed as the date on which that particular provision comes into force, not the Code's first or enactment date.

  1. AIt means the date of the Code's passage by Parliament
  2. BIt means the date on which the first provision of the Code comes into force
  3. CIt is read as a reference to the coming into force of that particular provisionCorrect
  4. DIt means 1 April of the financial year following notification

Explanation

Section 1(3) allows different dates for different provisions. It also says any reference in a provision to the Code's commencement is construed as a reference to the coming into force of that provision. The first-provision reading is wrong because each provision has its own date.

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