Section 85: Power of officers of appropriate Government to impose penalty in certain cases
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 85 — Defines the statutory power concerning officers of appropriate government to impose penalty in certain cases and the conditions attached to its exercise. Key operative text: (1) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub- sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate…
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) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub- sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding…
- (2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has…
- (3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- (3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.
Actors expressly appearing in the text
Appropriate Government, Central Government, State Government
Full statutory text — Section 85
85. Power of officers of appropriate Government to impose penalty in certain cases.—(1)
Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub-
sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the
appropriate Government may appoint any officer not below the rank of Under Secretary to the
Government of India or an officer of equivalent rank in the State Government, as the case may be, for
holding enquiry in such manner, as may be prescribed by the Central Government.
(2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to
summon and enforce attendance of any person acquainted with the facts and circumstances of the case
to give evidence or to produce any document, which in the opinion of such officer, may be useful for
or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person
has committed any offence under the provisions referred to in sub-section (1), he may impose such
penalty as he thinks fit in accordance with such provisions.
(3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety
days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not
be less than fifty thousand rupees but may extend up to two lakh rupees.How to apply this provision
- Primary statutory test — (1) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub- sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding…
- Additional operative limb — (2) While holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has…
- Numerical or timing control — (3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.
- Central Rule mapping — 44. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
- Evidence file — retain facts and records proving the role/status of: Appropriate Government, Central Government, State 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 power of officers of appropriate government to impose penalty in certain cases, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “(3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.” Read the mapped Central Rule(s) 44.
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 85
What does Section 85 of the Industrial Relations Code cover?
Section 85 — Defines the statutory power concerning officers of appropriate government to impose penalty in certain cases and the conditions attached to its exercise. Key operative text: (1) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub- sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate…
What is the main legal requirement or power in Section 85?
The first operative clause identified from the official text is: “(1) Notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub- sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate Government may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government, as the case may be, for holding…” Read it with the remaining subsections and any proviso below.
Does Section 85 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 85?
The provision contains this numerical/time expression: “(3) Where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupees.” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 85?
The current concordance maps Section 85 to Central Rule(s) 44.
Is Section 85 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.