Section 65: Application of sections 67 to 69
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 65 — Governs application of sections 67 to 69 and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been…
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 ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed intermittently.
- (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.
- Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a— (i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or (ii) mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii) plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951).
Provisos, explanations & qualifications
- Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a— (i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or (ii) mine as defined in clause (j) of sub-section
Thresholds and timelines in the text
- Application of sections 67 to 69.—(1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal…
Actors expressly appearing in the text
Worker, Appropriate Government
Full statutory text — Section 65
65. Application of sections 67 to 69.—(1) Sections 67 to 69 (both inclusive) shall not apply to
industrial establishments to which Chapter X applies; or
(a) to industrial establishments in which less than fifty workers on an average per working day
have been employed in the preceding calendar month; or
(b) to industrial establishments which are of a seasonal character or in which work is performed
intermittently.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work
is performed therein only intermittently, the decision of the appropriate Government thereon shall be
final.
Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a—
(i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or
(ii) mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of
1952); or
(iii) plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of
1951).How to apply this provision
- Primary statutory test — (1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed intermittently.
- Additional operative limb — (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.
- Qualification / exception to test — Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a— (i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or (ii) mine as defined in clause (j) of sub-section
- Numerical or timing control — Application of sections 67 to 69.—(1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal…
- Evidence file — retain facts and records proving the role/status of: Worker, 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
When an event triggers application of sections 67 to 69, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Application of sections 67 to 69.—(1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding” Also test the express qualification/proviso before concluding the result.
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 65
What does Section 65 of the Industrial Relations Code cover?
Section 65 — Governs application of sections 67 to 69 and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been…
What is the main legal requirement or power in Section 65?
The first operative clause identified from the official text is: “(1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal character or in which work is performed intermittently.” Read it with the remaining subsections and any proviso below.
Does Section 65 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Explanation.—In this section and in sections 67, 68 and 69, industrial establishment shall mean a— (i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or (ii) mine as defined in clause (j) of sub-section”
What time limit, percentage or amount appears in Section 65?
The provision contains this numerical/time expression: “Application of sections 67 to 69.—(1) Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or (a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or (b) to industrial establishments which are of a seasonal…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 65?
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 65 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.