Section 134: Repeal and savings of 13 legacy enactments

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 134

Section 134 of the Occupational Safety, Health and Working Conditions Code, 2020 codifies the historic repeal and savings clause, repealing thirteen legacy Central labour enactments while preserving actions, licenses, and proceedings lawfully initiated under the repealed statutes.

  • Repeal of Thirteen Landmark Central Labour Enactments: Subsumes and repeals the Factories Act 1948, Mines Act 1952, Dock Workers Act 1986, Building & Other Construction Workers Act 1996, Plantations Labour Act 1951, Contract Labour Act 1970, Inter-State Migrant Workmen Act 1979, Working Journalists Acts 1955/1958, Motor Transport Workers Act 1961, Beedi and Cigar Workers Act 1966, Sales Promotion Employees Act 1976, and Cine-Workers Act 1981.
  • Comprehensive Statutory Savings Shield: Provides that any appointment, notification, license, registration, or prosecution initiated under the repealed enactments shall continue in force so far as it is not inconsistent with the Code.
  • Application of Section 6 of the General Clauses Act, 1897: Preserves accrued rights, incurred liabilities, pending investigations, and criminal prosecutions instituted under legacy statutes from statutory abatement.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: Landmark Constitution Bench ruling: When an Act is repealed and re-enacted, Section 6 General Clauses Act preserves existing liabilities and pending proceedings unless the new statute manifests a clear contrary legislative intent.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court affirmed the smooth transitional continuity of labor welfare protections during legislative consolidations.
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Affirmed that worker welfare liabilities accrued under older enactments survive legislative consolidation.
Courtroom Practice & Strategic Litigation Guidance:

Pending criminal prosecutions, inspector show-cause notices, and cess recovery proceedings initiated under the Factories Act, 1948 or Contract Labour Act, 1970 do not abate upon commencement of the OSH Code; trial counsel must defend them on merit under the savings provisions of Section 134.