Sections 68 and 69 of the Code on Wages, 2019: Power to Remove Difficulties, Repeal and Savings
Sections 68 and 69 are the concluding provisions of the Code on Wages, 2019. Section 68 empowers the Central Government, for a limited period, to address difficulties arising in implementing the Code. Section 69 repeals four earlier Central wage enactments while preserving qualifying actions, notifications, orders and other matters under the repealed laws through its savings provisions.
Current legal position: The Central Government, through Notification S.O. 5322(E) dated 21 November 2025, brought Section 68 and the applicable provisions of Section 69 of the Code on Wages, 2019 into force from 21 November 2025.
Section 68 - Power to Remove Difficulties
Section 68 provides a limited statutory mechanism for resolving practical difficulties encountered while giving effect to the Code. The power belongs to the Central Government and must be exercised by an order published in the Official Gazette.
68. (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this Code.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Meaning and scope of Section 68
The expression "power to remove difficulties" refers to a limited power given to the Central Government to deal with implementation difficulties without altering or contradicting the substantive provisions enacted by Parliament.
The section contains important safeguards. An order must be published in the Official Gazette; it cannot be inconsistent with the Code; the statutory power is available only for the period specified in the proviso; and every order must be placed before both Houses of Parliament.
| Provision | Section 68, Code on Wages, 2019 |
|---|---|
| Authority | Central Government |
| Purpose | Removing difficulties in giving effect to the Code |
| Method | Order published in the Official Gazette |
| Limitation | The order cannot be inconsistent with the Code |
| Parliamentary control | Every order must be laid before each House of Parliament |
Section 69 - Repeal and Savings
Section 69 deals with the transition from the earlier Central wage enactments to the Code on Wages, 2019. It both repeals the specified enactments and contains savings provisions intended to preserve qualifying actions already taken under them.
69. (1) The Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the enactments so repealed including any notification, nomination, appointment, order or direction made thereunder or any amount of wages provided in any provision of such enactments for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code and shall be in force to the extent they are not contrary to the provisions of this Code till they are repealed under the corresponding provisions of this Code or by the notification to that effect by the Central Government.
(3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 shall apply to the repeal of such enactments.
Which laws are repealed by Section 69?
Section 69(1) identifies four Central labour enactments:
- Payment of Wages Act, 1936;
- Minimum Wages Act, 1948;
- Payment of Bonus Act, 1965; and
- Equal Remuneration Act, 1976.
Meaning of the savings provision
A savings provision is a statutory provision that preserves specified legal consequences, actions or instruments despite the repeal of an earlier enactment. Section 69(2) therefore needs to be read together with the conditions stated in that subsection rather than treating repeal as automatically invalidating everything done under the earlier enactments.
Section 69(2) expressly refers to matters such as notifications, nominations, appointments, orders and directions made under the repealed enactments. Such matters are treated in accordance with the corresponding provisions of the Code to the extent that they are not contrary to the Code, subject to the terms of Section 69.
Section 6 of the General Clauses Act, 1897
Section 69(3) expressly makes Section 6 of the General Clauses Act, 1897 applicable to the repeal of the four enactments. Section 6 lays down general consequences of repeal unless a different intention appears from the repealing legislation.
In general terms, Section 6 addresses preservation of matters such as the previous operation of a repealed enactment, rights and liabilities acquired or incurred under it, penalties relating to offences committed against it, and qualifying investigations, legal proceedings and remedies. Its application in an individual case depends upon the relevant statutory provisions and facts.
Commencement of Sections 68 and 69
The Code on Wages received presidential assent in 2019, but its provisions did not all become operative merely on enactment. Under Section 1(3), provisions could be brought into force on dates appointed by the Central Government through notification.
The Ministry of Labour and Employment issued S.O. 5322(E) dated 21 November 2025, appointing 21 November 2025 for the commencement of, among other provisions, Section 68 and the applicable provisions of Section 69. Accordingly, any analysis of these sections should take account of the commencement notifications and applicable transitional provisions.
Practical significance
Sections 68 and 69 perform different but connected transitional functions. Section 68 provides a temporary mechanism for addressing implementation difficulties, while Section 69 governs repeal and continuity when moving from the earlier wage statutes to the Code on Wages framework.
In any dispute involving an earlier notification, order, appointment, proceeding, right or liability, it may therefore be necessary to examine Section 69, Section 6 of the General Clauses Act, 1897, the relevant commencement notification, and any corresponding provisions, rules or notifications under the Code.
Official resources
For the authoritative statutory text and current notifications, refer to the Ministry of Labour and Employment and the Gazette notifications issued by the Government of India.
Official Code on Wages, 2019 - Ministry of Labour and Employment