Section 135: Continuity of existing licenses and registrations

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 135

Section 135 of the Code provides for the transitional continuity of existing licenses and registrations, providing that every factory, mine, or contractor license issued under the repealed enactments shall remain valid until its expiration.

  • Transitional Grandfathering of Existing Licenses: Confers automatic transitional validity on active licenses and registrations granted under the Factories Act, Mines Act, or Contract Labour Act, avoiding abrupt operational disruption.
  • Mandatory Conversion Window for Electronic Upgrades: Requires holders of legacy physical licenses to migrate to the digital national licensing portal and obtain a unified electronic registration number within the prescribed transition period.
  • Subject to Compliance with New Code Safety Standards: Clarifies that while the license document remains transitionally valid, the establishment must immediately comply with the substantive safety and health mandates of the new Code.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court held that transitional licensing continuity does not exempt management from complying with newly enacted safety imperatives.
  • State of Gujarat v. Jayantilal Amratlal AIR 1965 SC 1477: Affirmed that factory licenses must be kept current and conform to evolving statutory safety standards.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Affirmed that transitional provisions ensure administrative stability while new regulatory mechanisms are operationalized.
Courtroom Practice & Strategic Litigation Guidance:

Execute an immediate audit of all operating factory and contractor licenses: map expiration dates and apply for migration to the unified digital OSH portal at least ninety days before legacy license validity expires to ensure uninterrupted operations.