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Section 66: Power to remove difficulties

The Code on Wages, 2019 (Act No. 29 of 2019) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IX: Miscellaneous
Competent Labour Forum
Act No. 29 of 2019
Section 65 All 67 Sections of Code on Wages, 2019 Section 67

Legal Commentary & Landmark Judgments: Section 66

Section 66 of the Code on Wages, 2019 contains an explicit non-derogation saving clause, preserving the specialized legal regimes of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) and the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, ensuring their continued, unhindered operation alongside the Code.

  • Carve-Out for MGNREGA, 2005: The section explicitly protects the statutory framework of MGNREGA. Wage rates, unemployment allowances, and muster roll procedures notified under Section 6 of MGNREGA are preserved and operate independently of the minimum wage and payment timelines established under the Code on Wages.
  • Protection of Coal Mines Provident Fund Regime: The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, and its associated schemes governing mining labor social security remain fully saved and unaffected by the Code.
  • Harmonious Construction with Special Welfare Laws: By saving these specialized enactments, Parliament prevented legal challenges alleging implied repeal, ensuring that statutory protections tailored to rural employment guarantee schemes and high-risk mining sectors remain robust.
Key Landmark Precedents:
  • Sanjit Roy v. State of Rajasthan (1983) 1 SCC 525: The Supreme Court held that statutory public works and famine relief programs cannot pay wages below the statutory minimum, establishing constitutional baselines that inform the interpretation of saved welfare statutes like MGNREGA.
  • State of Maharashtra v. Laljit Rajshi Shah (2000) 2 SCC 699: The Supreme Court affirmed that specific savings clauses in modern codifying enactments must be given full effect to preserve the specialized operations of pre-existing welfare legislation.
  • P. Kasilingam v. P.S.G. College of Technology 1995 Supp (2) SCC 348: The Supreme Court held that savings provisions must be construed harmoniously with the general provisions of the codifying Act, maintaining regulatory continuity.
Courtroom Practice & Strategic Litigation Guidance:

Public authorities and contractors executing MGNREGA rural works or coal mining operations must apply the specific statutory provisions of those saved enactments. However, HR and legal counsel must remember that the constitutional prohibition against forced labor under Article 23 (Sanjit Roy) applies universally; wages paid under saved schemes cannot fall below the constitutional subsistence floor.

Section 65 All 67 Sections of Code on Wages, 2019 Section 67