Section 132: Prior publication of rules and regulations

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 132

Section 132 of the Code mandates the condition of prior publication for rules, regulations, and bye-laws made under the Code, ensuring participatory democracy and stakeholder consultation before legal enactment.

  • Mandatory Prior Publication Requirement: Directs that draft rules and regulations must be published in the Official Gazette for public information and stakeholder review before being finalized.
  • Prescribed Stakeholder Feedback Window: Mandates a minimum statutory window (typically thirty to forty-five days) during which the public, industry bodies, and labor unions may file objections and suggestions.
  • Substantive Requirement to Consider Objections: Obligates the rule-making authority to formally consider and evaluate all timely public objections before enacting final delegated legislation.
Key Landmark Precedents:
  • Express Newspapers Pvt. Ltd. v. Union of India AIR 1958 SC 578: Supreme Court held that procedural requirements of prior publication and stakeholder consultation are essential safeguards against arbitrary delegated legislation.
  • State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) 8 SCC 534: Affirmed that delegated legislation enacted after thorough stakeholder consultation enjoys a heightened presumption of constitutionality.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that participatory administrative procedure is a core requirement of the rule of law.
Courtroom Practice & Strategic Litigation Guidance:

Industrial trade associations should establish active regulatory monitoring committees to review draft rules published under Section 132, submitting empirical impact studies and technical recommendations within the prescribed consultation window.