Section 131: Power to make bye-laws in respect of factories and docks

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 131

Section 131 of the Code authorizes occupiers of factories and port authorities to make internal bye-laws, with the approval of the Chief Inspector-cum-Facilitator, to regulate internal plant safety and operational discipline.

  • Power of Internal Plant Bye-Law Formulation: Empowers plant management to formulate detailed local safety bye-laws customized to specialized chemical reactions, machinery layouts, and proprietary handling procedures.
  • Mandatory Regulatory Approval Prerequisite: Requires that proposed internal bye-laws must be submitted to and approved in writing by the Chief Inspector-cum-Facilitator before attaining legal force.
  • Statutory Binding Force on Workforce: Provides that approved bye-laws have the binding force of statutory regulations, rendering willful violations punishable under Section 89.
Key Landmark Precedents:
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court affirmed that internal industrial bye-laws approved by regulatory authorities form an integral part of statutory compliance architecture.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court underscored that internal plant safety bye-laws must establish clear operational protocols for managing sudden chemical excursions.
  • Chintaman Rao v. State of M.P. AIR 1958 SC 388: Affirmed that internal rules cannot contradict or dilute parent statutory obligations.
Courtroom Practice & Strategic Litigation Guidance:

Draft plant-specific internal safety bye-laws governing hazardous chemical handling, lock-out/tag-out (LOTO) procedures, and forklift traffic management, submitting them to the Chief Inspector for formal endorsement under Section 131.