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Section 142: Power to remove difficulties

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
Section 141 All 143 Sections of OSH Code, 2020 Section 143

Legal Commentary & Landmark Judgments: Section 142

Section 142 of the Code confers power to remove difficulties on the Central Government, authorizing the issuance of administrative orders not inconsistent with the Code to resolve unforeseen transitional or practical impediments within three years.

  • Three-Year Transitional Executive Power: Empowers the Central Government to resolve unexpected operational difficulties arising during the initial implementation of the Code by publishing executive orders in the Official Gazette.
  • Strict Substantive Limitation: Provides that no difficulty-removal order may be issued that is inconsistent with the core legislative object or substantive text of the Code.
  • Mandatory Parliamentary Laying Safeguard: Requires every order issued under Section 142 to be laid before each House of Parliament to ensure legislative supervision and prevent executive overreach.
Key Landmark Precedents:
  • Jalan Trading Co. Pvt. Ltd. v. Mill Mazdoor Sabha AIR 1967 SC 691: Constitution Bench held that Henry VIII clauses (power to remove difficulties) cannot be utilized to alter the essential policy of the statute or usurp legislative functions.
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: Supreme Court affirmed that the power to remove difficulties is confined to resolving unanticipated practical obstacles without amending the legislative framework.
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: Affirmed that executive orders issued under difficulty-removal powers are subject to strict parliamentary laying and judicial review.
Courtroom Practice & Strategic Litigation Guidance:

If operational bottlenecks arise regarding transitional licensing or electronic return formats across legacy systems, petition the Union Ministry of Labour for an administrative clarification or removal-of-difficulty order under Section 142.

Section 141 All 143 Sections of OSH Code, 2020 Section 143