Labour Hub › Social Security Code › Sections › Section 140

Code on Social Security, 2020 · 13

Section 140: Exclusions from application of this Chapter

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 140 — Governs exclusions from application of this chapter and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in…

Full official textSource checked: 20 August 20261 direct Central Rule link(s)

Current-law status

The Code was commenced in stages: section 142 had earlier commencement, S.O. 5319(E) brought the specified provisions into force from 21 November 2025, and later commencement instruments must be read with the current India Code footnotes for the remaining clauses.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

(1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff of Parliament or any State Legislature; or (d) in any employment the total duration of which is less than…
(2) Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply in relation to— (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service…

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff…

Actors expressly appearing in the text

Employee / worker, Appropriate Government, Central Government

Full statutory text — Section 140

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

140. Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply
in relation to vacancies,—
        (a) in any employment in agriculture (including horticulture) in any establishment in private sector
    other than employment in plantation; or
        (b) in any employment in domestic service; or
        (c) in any employment connected with the staff of Parliament or any State Legislature; or
        (d) in any employment the total duration of which is less than ninety days; or
        (e) in any class or category of establishments as may be notified by the Central Government; or
       (f) in any establishment (other than Government establishment) with less than twenty or such
    number of employees as may be notified by the Central Government; and
        (g) in any other employment as may be notified by the Central Government.
     (2) Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply
in relation to—
        (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff
    of any branch or department of the same establishment or through independent recruitment agencies
    such as Union Public Service Commission, Staff Selection Commission or a State Public Service
    Commission or any other agencies as may be notified by the Central Government; or
        (b) vacancies in an employment which carries a monthly remuneration of less than an amount
    notified by the appropriate Government.
                                              CHAPTER XIV
                                             MISCELLANEOUS

How to apply this provision

Primary statutory test — (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff of Parliament or any State Legislature; or (d) in any employment the total duration of which is less than…
Additional operative limb — (2) Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply in relation to— (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service…
Numerical or timing control — Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff…
Central Rule mapping — 56. 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: Employee / worker, Appropriate Government, Central Government.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 140 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 56

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

Section 139

Related Labour Hub resources

EPFO Schemes ESIC Gratuity hub

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 exclusions from application of this chapter, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any emplo” Read the mapped Central Rule(s) 56.

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 140

What does Section 140 of the Social Security Code cover?

What is the main legal requirement or power in Section 140?

The first operative clause identified from the official text is: “(1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff of Parliament or any State Legislature; or (d) in any employment the total duration of which is less than…” Read it with the remaining subsections and any proviso below.

Does Section 140 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 140?

The provision contains this numerical/time expression: “Exclusions from application of this Chapter.— (1) The provisions of section 139 shall not apply in relation to vacancies,— (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 140?

The current concordance maps Section 140 to Central Rule(s) 56.

Is Section 140 currently operative?

Source & verification trail

Act: Code on Social Security, 2020 — official India Code PDF ↗

Central Rules: Social Security (Central) Rules, 2026 — G.S.R. 344(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.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.