Section 39: Power to exempt
Reviewed by Finin2min Editorial Desk · Last reviewed 6 September 2026
Section 39 — Defines the statutory power concerning exempt and the conditions attached to its exercise. Key operative text: The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
2-minute answer
Section 39: Power to exempt should be read as an operative legal provision, not just a heading. Use the statutory text, effective-date/amendment status, connected rules/forms and the factual checklist below before applying it.
What this page answers
- Finin2min analysis — what the section actually does
- Operative clauses
- Provisos, explanations & qualifications
- Thresholds and timelines in the text
- Actors expressly appearing in the text
Practical checklist
- Read the operative text and amendment/effective-date status first.
- Map the provision to connected rules, forms, notifications and exceptions.
- Apply the provision to the actual facts rather than relying on the section heading alone.
- Keep the document trail that proves dates, amounts, approvals and compliance steps.
Official sources
Related Finin2min guidance
Finin2min analysis — what the section actually does
Operative clauses
- The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.
- CHAPTER V NOTICE OF CHANGE
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
Appropriate Government
Full statutory text — Section 39
39. Power to exempt.—The appropriate Government may, by notification, exempt, conditionally
or unconditionally, any industrial establishment or class of industrial establishments from all or any of
the provisions of this Chapter.
CHAPTER V
NOTICE OF CHANGEHow to apply this provision
- Primary statutory test — The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.
- Additional operative limb — CHAPTER V NOTICE OF CHANGE
- Evidence file — retain facts and records proving the role/status of: Appropriate Government.
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
Suppose an industrial establishment reaches a step governed by power to exempt. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.”
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 39
What does Section 39 of the Industrial Relations Code cover?
Section 39 — Defines the statutory power concerning exempt and the conditions attached to its exercise. Key operative text: The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.
What is the main legal requirement or power in Section 39?
The first operative clause identified from the official text is: “The appropriate Government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Chapter.” Read it with the remaining subsections and any proviso below.
Does Section 39 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 39?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 39?
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 39 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Source & verification trail
Act: Industrial Relations Code, 2020 — official India Code PDF ↗
Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(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.