Section 129: Power of State 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 129

Section 129 of the Code empowers State Governments to make rules in respect of establishments and matters falling within their constitutional executive domain under the Concurrent List.

  • State Delegated Legislative Authority: Empowers State Governments to prescribe state-specific rules for factory registration fees, welfare committee structures, ambulance van staffing, and local holiday norms.
  • Harmony with Central Minimum Standards: Requires that State rules cannot dilute, undermine, or conflict with national safety standards prescribed by Central regulations under Section 128.
  • Local Contextualization of Welfare Amenities: Permits States to adapt crèche, canteen, and rest room configurations to local climatic and cultural conditions across agricultural, mining, and industrial regions.
Key Landmark Precedents:
  • State of Gujarat v. Jayantilal Amratlal AIR 1965 SC 1477: Supreme Court affirmed the validity of state rules prescribing technical safety standards and licensing fees under factory legislation.
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Supreme Court emphasized that state rules must be construed harmoniously with national welfare frameworks to maximize worker protection.
  • Workmen of Nilgiris Coop. Mkt. Society Ltd. v. State of T.N. (2004) 3 SCC 514: Affirmed the legitimacy of state regulatory frameworks addressing regional plantation and agricultural labor dynamics.
Courtroom Practice & Strategic Litigation Guidance:

In multi-plant operations, audit plant compliance against the specific State OSH Rules enacted by each respective State Government, as registration fee schedules, overtime notice procedures, and return formats frequently diverge across state borders.