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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 wants some provisions of the Industrial Relations Code, 2020 to start earlier than others. Under Section 1 of the Code, is this permissible?

Yes. Section 1(3) allows the Central Government to notify different dates for different provisions of the Code. Any reference in a provision to commencement of the Code is read as that provision's own coming into force. No amendment or State action is required.

  1. ANo, the whole Code must start on a single date
  2. BYes, but only if Parliament passes a fresh amendment for each provision
  3. CYes, different dates may be appointed for different provisions, and a reference to commencement of the Code in a provision means that provision's coming into forceCorrect
  4. DYes, but only States may fix different dates, not the Central Government

Explanation

Section 1(3) lets the Central Government appoint different dates for different provisions by notification in the Official Gazette. It also says a reference to commencement of the Code in any provision is read as the coming into force of that provision. So a single date or a fresh amendment is not required.

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