Section 46: Reference of disputes under this Code
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Allows specified disputes to be referred for decision under the Code.
Principal remaining provisions commenced on 21 November 2025 under S.O. 5322(E), read with the earlier partial commencement; check section-specific footnotes in the current India Code text.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- Notwithstanding anything contained in this Code, where any dispute arises between an employer and his employees with respect to— (a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or (b) the application of this Code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the…
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
Employer, Employee / worker
Full statutory text — Section 46
46. Reference of disputes under this Code.—Notwithstanding anything contained in this Code,
where any dispute arises between an employer and his employees with respect to—
(a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or
(b) the application of this Code, in respect of bonus, to an establishment in public sector,
then, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial
Disputes Act, 1947 (14 of 1947).How to apply this provision
- Primary statutory test — Notwithstanding anything contained in this Code, where any dispute arises between an employer and his employees with respect to— (a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or (b) the application of this Code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the…
- Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
An employer configuring payroll for reference of disputes under this code should first identify the employee and wage period, then apply the exact provision and any linked rule. The system rule should be tested against a sample payslip and bank/payment record. A text point to test is: “Notwithstanding anything contained in this Code, where any dispute arises between an employer and his employees with respect to— (a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or (b) the application of this Code, in respect of bonus, ”
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 46
What does Section 46 of the Code on Wages cover?
Allows specified disputes to be referred for decision under the Code.
What is the main legal requirement or power in Section 46?
The first operative clause identified from the official text is: “Notwithstanding anything contained in this Code, where any dispute arises between an employer and his employees with respect to— (a) fixation of bonus or eligibility for payment of bonus under the provisions of this Code; or (b) the application of this Code, in respect of bonus, to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the…” Read it with the remaining subsections and any proviso below.
Does Section 46 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 46?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 46?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 46 currently operative?
Principal remaining provisions commenced on 21 November 2025 under S.O. 5322(E), read with the earlier partial commencement; check section-specific footnotes in the current India Code text.
Source & verification trail
Act: Code on Wages, 2019 — official India Code PDF ↗
Central Rules: Code on Wages (Central) Rules, 2026 — G.S.R. 343(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.