Rules, Regulations, Bye-laws and the OSH Repeals

And section 143 is where the subject the student has been studying actually begins. Until 21 November 2025 the law of factories, mines and plantations was in separate Acts, each with its own definitions, thresholds and inspectorate. Section 143 repeals thirteen of them, and everything in this book about factories, mines, plantations, contract labour, migrant workers, beedi work and construction is a consequence of that one sub-section.

Some words this chapter uses

Previous publication is publication of the draft before the instrument is made, so that those affected may object.

Regulation here is the instrument under section 136, confined to mines and dock work.

Bye-law under section 139 is made for a particular mine, governing the use of particular machinery or a particular method of working.

Technical committee is the committee constituted under section 16(5) in respect of mines.

Laying before Parliament is the procedure in section 141, under which both Houses may modify or annul the instrument.

Savings are the provisions that keep things done under a repealed Act alive.

Sections 133 to 135: rules

Section 133(1). The appropriate Government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of this Code; and sub-section (2) sets out, without prejudice to that generality, a long list of particular matters.

Section 134(1). The Central Government may, likewise subject to previous publication and by notification, make rules for carrying out the purposes of the Code, with its own list in sub-section (2), beginning with matters under the definition of occupier in section 2(1)(zs).

Section 135. The State Government may make rules.

The three sections together reflect the structure of the Code: for some establishments the Central Government is the appropriate Government, for others the State Government, and certain matters are reserved to the Centre whoever the appropriate Government is. The qualifications of a contractor under section 47(1), the procedure for revoking his licence under section 51(1) and the manner of inquiry under section 111(1) are all Central, while the licence conditions under section 47(3)(a), the beedi premises fees under section 74(2) and the plantation facilities under section 92(1) are for the State.

Section 136: regulations for mines and dock work

The Central Government may, by notification, make regulations consistent with this Code for the purposes the section lists, which include the qualifications required for appointment as Inspector-cum-Facilitator, the duties and powers of the Chief Inspector-cum-Facilitator and Inspector-cum-Facilitators in regard to the inspection of mines, and the duties of owners, agents and managers of mines and of persons acting under them, and the qualifications, including age, of agents and managers of mines.

Two points. The instrument is confined to mines and dock work, the two trades whose regulation has always been technical and central. And the regulations must be consistent with this Code, which is the ordinary limit on delegated legislation and is stated expressly.

Sections 137 and 138: publication, and the danger exception

Section 137, prior publication. The power to make rules, regulations and bye-laws under the Code shall be subject to the condition of previous publication, in the following manner:

• (a) the date to be specified, after which a draft of the rule, regulation or bye-law proposed to be made will be taken under consideration, shall not be less than forty five days from the date on which the draft is published for general information;
• (b) the rule, regulation or bye-law shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Code.

Clause (b) is worth pausing on. On publication the instrument has effect as if enacted in the Code, which is a strong formula and explains why the forty five day comment period matters: what is being made will operate with the force of the statute itself.

Section 138, the exception. Notwithstanding section 137, regulations under section 136 may be made without previous publication and without reference to the National Occupational Safety Health Advisory Board constituted under section 16(1), if the Central Government is satisfied that, for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger, and to avoid delay, it is necessary to dispense with such publication and reference.

Three limits are built in and should be stated. It applies only to regulations under section 136, that is only to mines and dock work. The ground is apprehended danger or the speedy remedy of conditions likely to cause danger. And the Central Government must be satisfied that it is necessary to dispense with publication to avoid delay.

Section 139: bye-laws for a mine

Sub-section (1), who frames them. The employer of a mine may, and shall if called upon to do so by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator, frame and submit a draft of bye-laws, not inconsistent with the Code or any rules, regulations or standards in force, governing the use of any particular machinery or the adoption of a particular method of working in the mine, as the employer considers necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine.

Sub-section (2), if he does not. If the employer fails to submit a draft within two months of being called upon, or submits a draft which in the opinion of the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator is not sufficient, that officer may (i) propose a draft of such bye-laws as appear to him to be sufficient, or (ii) propose amendments to the draft submitted, and shall send the draft or the amendments to the employer for consideration.

Sub-section (3), disagreement. If within two months of the draft or amendments being sent, the officer and the employer are unable to agree, the officer shall refer the draft bye-laws for settlement to the technical committee constituted under section 16(5) in respect of mines.

Sub-section (4), approval. When the draft has been agreed, or settled by the technical committee, a copy is sent to the Central Government for approval. First proviso: the Central Government may make such modification of the draft as it thinks fit. Second proviso: before approving, with or without modifications, there shall be published, in such manner as the Central Government thinks best adapted for informing the persons affected, a notice of the proposal to make the bye-laws, of the place where copies of the draft may be obtained, and of the time, not less than thirty days, within which objections by or on behalf of persons affected should be sent.

Sub-section (5), objections. Every objection shall be in writing and shall state (i) the specific grounds of objection and (ii) the omissions, additions or modifications asked for.

Sub-section (6). The Central Government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the bye-laws either as published or after such amendments as it thinks fit.

Sub-section (7), publicity at the mine. The employer shall cause a copy of the bye-laws, in English and in such other language or languages as the Central Government prescribes, to be pasted up in some conspicuous place at or near the mine where they may be conveniently read or seen by the persons employed, and shall paste them again whenever they become defaced, obliterated or destroyed.

Sub-section (8). The Central Government may by order in writing rescind, in whole or in part, any bye-law, and it then ceases to have effect.

Three things make section 139 worth learning as a whole.

It is law made by the employer, for his own workplace. No other instrument in the Code is.

It has the fullest consultation procedure in the Code. A dispute goes to a technical committee; the draft is published for objections of not less than thirty days; objections must be considered; and the Central Government may modify or later rescind.

And sub-section (7) makes it visible to the people it governs, in English and in the other prescribed languages, pasted up where they work and re-pasted when it is destroyed. That is a better publication requirement than the Gazette, and it exists because the persons bound by a mine bye-law are the men underground.

Sections 140 to 142: epidemics, and laying

Section 140, general safety and health in an epidemic. Notwithstanding any law for the time being in force, the Central Government may make rules to regulate the general safety and health of the persons residing in whole or part of India, in the event of the declaration of an epidemic, pandemic or disaster, for such period as may be notified by the Central Government.

This is an extraordinary provision to find in an occupational safety statute, and its scope should be stated plainly rather than glossed over. The subject is not workers, or establishments, but the persons residing in whole or part of India. It operates notwithstanding any law for the time being in force. Its trigger is the declaration of an epidemic, pandemic or disaster, and its duration is such period as may be notified. It is, in substance, a public health rule making power placed in a labour Code, and it too is a mark of the year in which the Code was passed.

Section 141, laying before Parliament. Every rule, regulation, standard and bye-law notified or made by the Central Government shall be laid before each House of Parliament, while it is in session, for a total period of thirty days, which may be in one session or in two or more successive sessions; and if before the expiry of the session immediately following, both Houses agree in making a modification or agree that it should not be made, it shall thereafter have effect only in the modified form, or be of no effect, as the case may be; without prejudice to the validity of anything previously done under it.

Section 142, laying before a State Legislature. Every rule made by the State Government under the Code shall be laid, as soon as may be after it is made, before the State Legislature.

Note the asymmetry, because it is examinable. Section 141 provides for thirty days, modification and annulment by Parliament, and covers rules, regulations, standards and bye-laws of the Central Government. Section 142 requires a State rule merely to be laid, with no period, no power of modification and no power of annulment stated.

Section 143: repeal and savings

Section 143(1), the thirteen Acts. The following enactments shall stand repealed on and from the dates the notification referred to in section 1(2) is issued, that is from 21 November 2025:

Section 143(2), officers saved. Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under any of the repealed enactments shall be deemed to have been appointed under this Code for the corresponding purposes.

Section 143(3), things done saved. Notwithstanding the repeal, anything done or any action taken under the repealed enactments, including any rule, regulation, bye-law, notification, nomination, appointment, order or direction made under them, shall be deemed to have been done or taken under the corresponding provisions of this Code, and shall remain in force to the extent they are not contrary to the provisions of this Code, till they are repealed by the Central Government.

Section 143(4). Without prejudice to sub-section (2), section 6 of the General Clauses Act 1897 applies to the repeal.

Four points, and the third is the one that decides practical questions.

The repeal takes effect from the commencement notification, not from the Act's own date of 28 September 2020. Nothing was repealed until 21 November 2025.

Sub-section (2) means the inspectorate did not have to be rebuilt. Every officer under the old Acts became an officer under this Code.

Sub-section (3) is why the old rules still matter. A rule, notification or order under the Factories Act 1948 or the Mines Act 1952 remains in force as if made under this Code, to the extent it is not contrary to the Code, until the Central Government repeals it. So a student asked what governs a matter for which no rule has yet been made under this Code should say: the corresponding rule under the repealed Act, so far as it is consistent.

Sub-section (4) brings in section 6 of the General Clauses Act 1897, which preserves, among other things, rights acquired, liabilities incurred and proceedings begun under a repealed enactment.

A worked example

An examiner asks a student in 2026 what law governs the guarding of machinery in a factory in Maharashtra.

Which Act? The Occupational Safety, Health and Working Conditions Code 2020. The Factories Act 1948 stands repealed by section 143(1)(a) on and from 21 November 2025.

No rule has yet been made under the Code on the point. Then section 143(3) answers it: a rule made under the Factories Act 1948 is deemed to have been made under the corresponding provisions of this Code and remains in force to the extent it is not contrary to the Code, until repealed by the Central Government.

The factory says the Inspector who visited was appointed under the old Act. Section 143(2) deems every Inspector and other officer appointed under a repealed enactment to have been appointed under this Code.

A prosecution begun under the old Act before the commencement. Section 143(4) applies section 6 of the General Clauses Act 1897, which preserves proceedings begun and liabilities incurred under a repealed enactment.

A different question. Who makes the rules about the qualifications of an Inspector-cum-Facilitator for a mine? That is a regulation under section 136(a), made by the Central Government by notification, and it must be consistent with the Code.

A dangerous condition is found in a class of mines and a regulation is needed at once. Under section 138 the regulation may be made without previous publication and without reference to the National Board under section 16(1), if the Central Government is satisfied that it is necessary for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger, and to avoid delay. Ordinarily section 137 would require the draft to be published with not less than forty five days before it is taken under consideration.

A colliery wants its own rule about a particular winding engine. That is a bye-law under section 139(1), framed by the employer, not inconsistent with the Code, rules, regulations or standards, governing the use of particular machinery or a particular method of working, to prevent accidents and provide for the safety, convenience and discipline of those employed.

The Inspector-cum-Facilitator calls for one and the employer does nothing for three months. Under section 139(2) the officer may himself propose a draft and send it to the employer for consideration; and if within two months they cannot agree, he shall refer it to the technical committee under section 16(5): section 139(3).

Once settled, is that the end? No. It goes to the Central Government for approval, which may modify it, and before approving there must be published a notice of the proposal, the place to obtain copies and a time of not less than thirty days for objections, which must be in writing stating the specific grounds and the omissions, additions or modifications asked for, and which the Central Government shall consider: section 139(4) to (6).

The men underground cannot read the Gazette. Section 139(7) requires the employer to paste a copy in English and in the other prescribed languages in a conspicuous place at or near the mine, and to paste it again when it becomes defaced, obliterated or destroyed.

A pandemic is declared. Under section 140 the Central Government may, notwithstanding any law in force, make rules regulating the general safety and health of the persons residing in whole or part of India, for such period as it notifies.

Do these instruments come before a legislature? Central rules, regulations, standards and bye-laws are laid before each House of Parliament for thirty days, and both Houses may modify them or resolve that they should not be made, without prejudice to anything previously done: section 141. A State rule is merely laid before the State Legislature: section 142.

What this does NOT mean

Rules, regulations and bye-laws are not the same instrument. Rules are made by the appropriate or Central Government; regulations by the Central Government for mines and dock work; bye-laws by the employer of a mine, approved by the Central Government.

Prior publication is not optional. Section 137 requires it, with not less than forty five days, and publication in the Official Gazette, whereupon the instrument has effect as if enacted in this Code.

Section 138 is not a general escape. It applies only to regulations under section 136 and only on the ground of apprehended danger or the speedy remedy of conditions likely to cause danger.

A mine bye-law is not the employer's own decision. It is settled with the inspectorate, referred on disagreement to the technical committee, published for objections of not less than thirty days, approved by the Central Government, and may be rescinded by it.

Section 140 is not confined to workers. It reaches the persons residing in whole or part of India.

Section 142 is not the same as section 141. A State rule is only laid; no period, modification or annulment is provided.

The repeals did not happen in 2020. They took effect on and from 21 November 2025, the date of the notification under section 1(2).

And the old subordinate legislation did not die with the Acts. By section 143(3) it continues, so far as not contrary to this Code, until repealed by the Central Government.

Limits and criticism

The Code is a frame and the rules are the building. Almost every figure a worker would want to know, how much drinking water, how many latrines, what lighting, what permissible exposure, what qualifications, is in subordinate legislation. That was a deliberate choice, defended on the ground that standards can then be revised without amending an Act, and its cost is that the statute no longer tells anyone what he is entitled to.

Section 142 leaves State rules with almost no legislative control. They are laid, and nothing follows. Since a great deal of the operative content of this Code is in State rules, that is where the scrutiny is thinnest.

Section 140 sits oddly in this Code. A power to make rules for the general safety and health of everyone residing in India, notwithstanding any law in force, is a public health power, and it is placed in a labour statute whose own Boards and inspectorate are not equipped for it, without any duty to consult and with its duration left to notification.

Section 138 dispenses with the National Board as well as with publication. Dispensing with a forty five day comment period in the face of imminent danger is defensible; dispensing with reference to the expert Board that exists to advise on exactly such matters is harder to justify.

Bye-laws under section 139 depend on the employer being called upon. The section says the employer may, and shall if called upon; so in practice a mine has bye-laws when the inspectorate asks for them.

And section 143(3) leaves the law in two layers for an indefinite time. Old rules continue until they are repealed by the Central Government, with no date by which that must be done, so a reader must consult both the Code and a repealed Act's rules and decide for himself whether they are contrary to each other.

Quick revision

• Sections 133 to 135: rules by the appropriate Government, the Central Government and the State Government, in each case subject to previous publication and by notification, for carrying out the purposes of the Code.
• Section 136: regulations by the Central Government, consistent with this Code, for mines and dock work, including the qualifications of an Inspector-cum-Facilitator, the duties and powers of the Chief Inspector-cum-Facilitator and Inspector-cum-Facilitators in inspecting mines, and the duties and qualifications, including age, of owners, agents and managers of mines.
• Section 137: previous publication; the date after which the draft will be considered shall be not less than forty five days from publication for general information; publication in the Official Gazette, and on publication the instrument has effect as if enacted in this Code.
• Section 138: regulations under section 136 may be made without previous publication and without reference to the National Board where the Central Government is satisfied it is necessary for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger, and to avoid delay.
• Section 139: bye-laws framed by the employer of a mine, on his own motion or when called upon, not inconsistent with the Code, rules, regulations or standards, governing particular machinery or a particular method of working; failure to submit within two months, or an insufficient draft, lets the officer propose a draft or amendments; disagreement after two months goes to the technical committee under section 16(5); the draft goes to the Central Government for approval, which may modify it, after notice and not less than thirty days for written objections stating grounds and the changes asked for, which it shall consider; the employer must paste up a copy in English and other prescribed languages at or near the mine and re-paste it when destroyed; the Central Government may rescind a bye-law in whole or in part.
• Section 140: notwithstanding any law in force, the Central Government may make rules regulating the general safety and health of the persons residing in whole or part of India on the declaration of an epidemic, pandemic or disaster, for such period as notified.
• Section 141: Central rules, regulations, standards and bye-laws laid before each House of Parliament for thirty days; both Houses may modify or resolve they should not be made; without prejudice to anything previously done. Section 142: a State rule is laid before the State Legislature, and nothing more is provided.
• Section 143(1): thirteen Acts repealed on and from 21 November 2025, headed by the Factories Act 1948, Plantations Labour Act 1951 and Mines Act 1952. (2) officers under the repealed Acts deemed appointed under this Code. (3) things done, including rules, regulations, bye-laws, notifications, appointments, orders and directions, deemed done under this Code and remain in force so far as not contrary to it, till repealed by the Central Government. (4) section 6 of the General Clauses Act 1897 applies.

Test yourself

1. Distinguish rules, regulations and bye-laws under this Code. Rules are made by the appropriate Government under section 133, the Central Government under section 134 and the State Government under section 135, subject to previous publication. Regulations are made only by the Central Government under section 136, only for mines and dock work, and must be consistent with the Code. Bye-laws are framed by the employer of a mine under section 139 for his own mine, governing particular machinery or a particular method of working, and require the approval of the Central Government.

2. What does section 137 require, and what is the effect of publication? That the date after which a draft rule, regulation or bye-law will be taken under consideration shall be not less than forty five days from the date the draft is published for general information; and that the instrument shall be published in the Official Gazette, on which publication it has effect as if enacted in this Code.

3. When may that requirement be dispensed with? Only for regulations under section 136, and only where the Central Government is satisfied that, for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger, and to avoid delay, it is necessary to dispense with previous publication and reference to the National Board under section 16(1): section 138.

4. Trace a mine bye-law from draft to display. The employer frames a draft, on his own motion or when called upon by the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator, not inconsistent with the Code, rules, regulations or standards. If he fails to submit within two months, or his draft is insufficient, the officer may propose a draft or amendments and send them for consideration. If they cannot agree within two months, the officer refers the draft to the technical committee under section 16(5). When agreed or settled, it goes to the Central Government for approval, which may modify it, and which must first publish notice of the proposal, where copies may be obtained, and a time of not less than thirty days for written objections stating the grounds and the changes asked for, and must consider objections made in time. The employer must then paste a copy, in English and other prescribed languages, in a conspicuous place at or near the mine, and re-paste it when defaced, obliterated or destroyed. The Central Government may later rescind it in whole or in part.

5. What is unusual about section 140? It empowers the Central Government, notwithstanding any law for the time being in force, to make rules regulating the general safety and health of the persons residing in whole or part of India on the declaration of an epidemic, pandemic or disaster, for such period as it notifies. It is a public health power, not confined to workers or establishments, placed in an occupational safety statute.

6. Contrast sections 141 and 142. Section 141 requires every rule, regulation, standard and bye-law of the Central Government to be laid before each House of Parliament for a total of thirty days, and permits both Houses to modify it or agree that it should not be made, whereupon it has effect only as modified or is of no effect, without prejudice to anything previously done. Section 142 requires a State rule merely to be laid before the State Legislature, with no period and no power of modification or annulment stated.

7. Name any six of the Acts repealed by section 143(1), and state from when. Any six of: the Factories Act 1948; the Plantations Labour Act 1951; the Mines Act 1952; the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act 1955; the Working Journalists (Fixation of Rates of Wages) Act 1958; the Motor Transport Workers Act 1961; the Beedi and Cigar Workers (Conditions of Employment) Act 1966; the Contract Labour (Regulation and Abolition) Act 1970; the Sales Promotion Employees (Conditions of Service) Act 1976; the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979; the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act 1981; the Dock Workers (Safety, Health and Welfare) Act 1986; and the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996. They stand repealed on and from the date of the notification under section 1(2), that is 21 November 2025.

8. No rule has been made under this Code on a matter, but a rule existed under the Factories Act 1948. What applies? The old rule. By section 143(3), anything done or action taken under a repealed enactment, including any rule, is deemed to have been done under the corresponding provisions of this Code and remains in force to the extent it is not contrary to the Code, until repealed by the Central Government.