Power to remove difficulties

Section OverviewPending legal verification

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

No order shall be made under this section after the expiry of two years from the commencement of this Act.

Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.

Source: Ministry of Law and Justice, Government of IndiaRetrieved: 2024-01-15

Plain Language

The Central Government had a temporary power to issue orders to remove difficulties in implementing the Act, but only within two years from its commencement.

This power has expired — it was a transitional mechanism for the early implementation period after the Act came into force in December 2013.

Any orders made under this section had to be laid before Parliament and could not be inconsistent with the Act itself.

Why It Matters

For current operations, this section is historically significant but practically spent. Rules and amendments matter more than this expired transitional power.

Understanding that this power has expired helps clarify that ongoing procedural questions must be resolved through the rule-making process under Section 29, not through difficulty-removal orders.

Practical Example

Scenario: During the early implementation period (2013–2015), the Central Government encountered difficulty applying the Act to certain types of informal workplaces.

Outcome: The government could have used Section 30 to issue a clarifying order. That power is now expired.

Scenario: An employer in 2024 encounters a procedural ambiguity in the Act and seeks a government clarification.

Outcome: The employer must look to rules made under Section 29 or seek judicial interpretation — Section 30 cannot be used because it has expired.

Who Must Act

government

Historically, the Central Government could issue difficulty-removal orders within two years of commencement. This power has expired.

Timelines

Section 30 expiry: Expired — two years from commencement (December 2013)

The power to issue difficulty-removal orders expired in December 2015. This section is no longer operative.

Common Mistakes

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Assuming the government can still issue difficulty-removal orders under Section 30 — the power expired two years after commencement.

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Relying on Section 30 for procedural clarifications that should instead be addressed through rules under Section 29 or judicial interpretation.

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Confusing Section 30 (expired transitional power) with Section 29 (ongoing rule-making power).

Source & Status

This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.

Source: Ministry of Law and Justice, Government of India

Publication status: Temporary content pending separate legal verification