Sections 1 and 104 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 1 gives the Industrial Relations Code, 2020 its name, says it extends to the whole of India, and lets the Central Government bring it into force provision by provision. Section 104 is the repeal clause: it allows the commencement notification to repeal three older Acts and saves what was done under them. Together they answer two questions every employer asks: is the Code in force, and which old laws does it replace?
The Code (No. 35 of 2020) extends to the whole of India (s.1(2)). It comes into force on the date or dates the Central Government notifies, and different dates can be fixed for different provisions (s.1(3)). The four Labour Codes were brought into force from 21 November 2025, so the Code is in force at Code level; some provisions may be notified later. Under s.104 the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947 stand repealed from the date the notification appoints, and actions taken under them are deemed to be taken under the corresponding provisions of the Code.
What section 1 says
Section 1 has three sub-sections.
| Sub-section | What it says |
|---|---|
| 1(1) | The Act may be called the Industrial Relations Code, 2020. |
| 1(2) | It extends to the whole of India. |
| 1(3) | It comes into force on the date the Central Government appoints by notification in the Official Gazette. Different dates may be appointed for different provisions. A reference in any provision to the commencement of "this Code" is read as a reference to the coming into force of that provision. |
The Code is an Act of Parliament that received the President's assent on 28 September 2020. Its long title says it consolidates and amends the laws relating to Trade Unions, conditions of employment in industrial establishments or undertakings, and the investigation and settlement of industrial disputes. That is why one Code now covers what used to sit in three separate statutes. Employers moving their registers and policies across can start with a labour law compliance review.
Why "different dates" matters
Section 1(3) is a staged-commencement clause. Because a reference to "commencement of this Code" inside any provision means the commencement of that provision, time periods that run "from the commencement of this Code" start on different days if different provisions are notified on different days. For example, s.9(4) deems a Trade Union with a valid registration under the Trade Unions Act, 1926 "immediately before the commencement of this Code" to be registered under the Code. If a provision was notified later than another, read its own commencement date, not a single date for the whole Code.
Where the Code stands today
Commencement verified through the Press Information Bureau on 21 November 2025: the four Labour Codes were brought into force from 21 November 2025. At Code level, therefore, you can say the Industrial Relations Code is in force from 21 November 2025. Some provisions may be notified later. The text we work from does not give a commencement date for any individual section, so where an article in this cluster depends on the date of a specific provision, it says so rather than assume.
The Central Government has also notified the Industrial Relations (Central) Rules, 2026 by G.S.R. 342(E) dated 8 May 2026, made under s.99 of the Code. Those Rules apply to establishments in the Central sphere. Where the State Government is the appropriate Government, the State's own rules apply. See our note on the appropriate Government for how that is decided.
What section 104 says
Section 104 is titled "Repeal and savings". It works through the same notification that commences the Code.
Section 104(1). In the notification issued under s.1(3) for the commencement of any provision, the Central Government may specify that the provisions of these three Acts stand repealed from the date appointed in that notification:
- the Trade Unions Act, 1926 (16 of 1926);
- the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); and
- the Industrial Disputes Act, 1947 (14 of 1947).
The remaining provisions of those Acts stay in force until they are repealed by like notifications in the like manner. So repeal, too, can happen in stages and does not depend on a single day.
Section 104(2). Even after repeal, anything done or any action taken under the repealed provisions, including any rule, regulation, notification, nomination, appointment, order or direction made under them, is deemed to have been done or taken under the corresponding provisions of the Code. It stays in force to the extent it is not contrary to the Code.
Section 104(3). Without affecting s.104(2), s.6 of the General Clauses Act, 1897 applies to the repeal. That section is the general saving clause for rights, liabilities and pending proceedings.
Which old Act went where
| Old Act | Subject | Corresponding Code chapters |
|---|---|---|
| Trade Unions Act, 1926 | Registration and rights of Trade Unions | Chapter III (ss.5 to 27) |
| Industrial Employment (Standing Orders) Act, 1946 | Standing orders on conditions of employment | Chapter IV (ss.28 to 39) |
| Industrial Disputes Act, 1947 | Investigation and settlement of industrial disputes, strikes and lock-outs, lay-off, retrenchment, closure | Chapters V to XIII, among them the chapters on dispute resolution, strikes and lock-outs, and lay-off, retrenchment and closure |
The Code also adds new bodies, such as the Works Committee (s.3) and the Grievance Redressal Committee (s.4), a negotiating union or council (s.14) and the Worker Re-skilling Fund (s.83). They are covered in separate articles in this cluster.
Practical consequences for employers and unions
- Standing orders certified earlier. Because actions taken under the 1946 Act are deemed to be taken under the Code (s.104(2)), certified standing orders do not lapse merely because the 1946 Act is repealed. They continue to the extent they are not contrary to the Code. See standing orders under section 30.
- Trade Unions registered earlier. A Trade Union with a valid registration under the 1926 Act immediately before commencement is deemed registered under the Code, but it must file a statement that its executive is constituted in accordance with the Code, with rules updated under s.7 (s.9(4) proviso).
- Pending disputes. The savings clause in s.104(3) and s.6 of the General Clauses Act, 1897 govern how pending proceedings are treated. Where a pending case is involved, read the notification that applies to it and take advice.
- State-sphere establishments. The State Government makes its own rules. Do not assume the Central Rules' forms or timelines apply to an establishment where the State is the appropriate Government.
Example. A manufacturer with 150 workers had certified standing orders under the 1946 Act. After the Code's commencement and the repeal notification, those orders are treated as having been certified under the corresponding provisions of the Code, so they continue unless a term is contrary to the Code. The employer should still review the orders against the matters in the First Schedule and the Central Rules' procedure for modification.
Need help with moving to the Code?
If you are checking which of your registers, standing orders or union arrangements carry over, our labour law compliance team can map your establishment against the Code and the applicable rules. It helps to keep your old certified standing orders and registration papers ready for that review.
Key takeaways
- The Code extends to the whole of India (s.1(2)) and commences by notification, with different dates possible for different provisions (s.1(3)).
- The four Labour Codes were brought into force from 21 November 2025; some provisions may be notified later.
- Section 104 lets the commencement notification repeal the Trade Unions Act 1926, the Industrial Employment (Standing Orders) Act 1946 and the Industrial Disputes Act 1947 from the notified date.
- Anything done under the repealed Acts is deemed done under the corresponding Code provisions, and s.6 of the General Clauses Act, 1897 applies.
- The Central Rules, 2026 apply to Central-sphere establishments; States make their own rules.
Read next
- The appropriate Government: Section 2 definitions
- Section 2 definitions: employer, employee, worker and fixed term employment
- Industrial disputes under the new labour codes (IR Code 2020)
- 4 New Labour Codes 2020: complete guide
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.