Section 143: Final sunset and transition clauses

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 143

Section 143 of the Code establishes the final sunset and transitional savings provisions, governing the formal winding up of legacy statutory authorities, boards, and inspectorates and transferring assets and liabilities to the newly created Code bodies.

  • Orderly Institutional Succession Architecture: Provides for the seamless transfer of records, assets, property, and ongoing administrative inquiries from legacy statutory boards to new OSH Advisory Boards.
  • Protection of Administrative Continuity: Ensures that administrative actions, statutory inspections, and formal approvals granted by legacy Chief Inspectors do not lapse during the institutional handover.
  • Final Statutory Seal on Labor Consolidation: Concludes the legislative matrix of the Code, establishing a permanent, unified national regulatory structure for occupational safety, health, and working conditions in India.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: Supreme Court affirmed that statutory succession provisions ensure the uninterrupted continuation of administrative and legal proceedings during comprehensive legislative overhauls.
  • Lanco Anpara Power Ltd. v. State of U.P. (2016) 10 SCC 329: Affirmed that the transition of regulatory authorities under consolidating statutes maintains unbroken institutional jurisdiction.
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court highlighted that comprehensive labor codification establishes durable institutional machinery to protect worker welfare in perpetuity.
Courtroom Practice & Strategic Litigation Guidance:

In legal proceedings involving pre-Code liabilities or legacy inspector notices, cite Section 143 read with Section 134 to demonstrate that the newly designated Inspector-cum-Facilitator possesses lawful institutional succession to maintain or compound the proceedings.