Section 128: Power of Central Government to make rules

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 128

Section 128 of the Code confers broad rule-making powers on the Central Government to carry out the provisions of the Code, establishing executive authority to prescribe national standards for occupational safety, health, and welfare.

  • Plenary Central Rule-Making Competence: Empowers the Central Government to formulate detailed procedural and substantive rules governing registration, digital filings, machine guarding, and hazardous exposure limits.
  • Standardization Across National Industrial Corridors: Ensures that key safety standards, permissible chemical exposures, and inspector qualification norms remain uniform throughout India.
  • Requirement of Statutory Consultation & Gazette Notification: Requires rules to be published in the Official Gazette after prior consultation with the National Occupational Safety and Health Advisory Board.
Key Landmark Precedents:
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court upheld broad executive rule-making powers under labor welfare enactments, confirming that delegated legislation is valid so long as it advances the parent legislative objective.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that executive rules must continuously incorporate emerging scientific and medical knowledge on toxicological hazards.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court affirmed that rules elaborating occupier liabilities are intra vires when aligned with statutory safety goals.
Courtroom Practice & Strategic Litigation Guidance:

Review Central Draft Rules periodically during stakeholder comment windows, submitting industry federations' technical comments to shape permissible exposure limits and digital compliance schedules prior to final notification.