Section 137: Power to amend schedules

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 137

Section 137 of the Code empowers the Central Government to amend the Schedules to the Code by notification in the Official Gazette, ensuring agile administrative updating of hazardous industries, toxic exposure limits, and occupational diseases.

  • Executive Power to Update Statutory Schedules: Authorizes the Central Government to add to, modify, or omit any entry in the First Schedule (list of industries involving hazardous processes), Second Schedule (permissible exposure limits), or Third Schedule (notifiable occupational diseases).
  • Scientific & Technological Responsiveness: Enables the regulatory framework to respond rapidly to newly discovered industrial carcinogens, nanomaterial risks, or advanced chemical hazards without requiring full parliamentary statutory amendment.
  • Requirement of Gazette Notification & Public Notice: Requires all schedule modifications to be published in the Official Gazette, taking effect from the date of publication or a specified forward date.
Key Landmark Precedents:
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Supreme Court directed central authorities to update occupational disease schedules continuously in line with International Labour Organization (ILO) scientific discoveries.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Affirmed that lists of hazardous chemicals and processes must be dynamic to protect public safety from newly synthesized toxic compounds.
  • Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212: Supreme Court held that regulatory schedules governing hazardous substances must expand to match evolving industrial technology.
Courtroom Practice & Strategic Litigation Guidance:

Environmental, health, and safety (EHS) directors must establish an automated alert system tracking Gazette notifications under Section 137, reviewing newly scheduled chemical substances against the company's raw material inventory quarterly.