OSHBot/osh_sections_vectors huggingface dataset:
124. (1) If any difficulty arises in giving effect to the provisions of this Code, the
Central Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Code, as appears to it to be necessary or
expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date
on which this Code comes into force.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.
126. (1) The Central Government may, subject to the conditions of previous publication
and by notification, make rules for carrying out the purposes of this Code.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the authority under sub-clause (iii) of clause (zo) of sub-section (1) of
section 2;
Power of
Central
Government
to make
rules.
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(b) to define the occupier in case of owner of dock under proviso of sub-clause
(iii) of clause (zo) of sub-section (1) of section 2;
(c) form of certificate of registration, the time within which and the conditions
subject to which such certificates shall be issued under sub-section (3) of section 3;
(d) other particulars and form under sub-section (4) of section 3;
(e) the manner of informing closing of establishment and certifying payment to
the registering officer under sub-section (5) of section 3;
(f) procedure of National Board and the officers and staff thereof under
sub-section (3) of section 16;
(g) the number of members, qualifications and terms and conditions of service
under sub-section (4) of section 16;
(h) the number of members of technical committees or advisory committees and
their qualifications under sub-section (5) of section 16;
(i) health and working conditions under sub-section (1) of section 23;
(j) welfare facilities for the workers under sub-section (1) of section 24;
(k) to define “running time” in relation to a working day under Explanation (a)
of sub-section (1) of section 25;
(l) the hours of work for working journalist under sub-section (2) of section 25;
(m) other kinds of leave under clause (i) of sub-section (3) of section 25;
(n) the maximum period of accumulating leave under clause (ii) of
sub-section (3) of section 25;
(o) the limit up to which the earned leave may be availed of at a time and the
reasons for which such leave may be exceeding under clause (iii) of sub-section (3) of
section 25;
(p) conditions and restrictions for entitlement of cash compensation under
clause (iv) of sub-section (3) of section 25;
(q) powers and duties of District Magistrate under section 36;
(r) requisite qualifications or criteria under sub-section (1) of  section 47;
(s) period of renewal of licence under sub-section (2) of  section 47;
(t) specify the name and such other particulars under clause (b) of sub-section (2)
section of 63;
(u) authority to whom the information relating to audio-visual programme by the
producer under sub-section (3) of  section 63;
(v) the matter which may be save and the qualifications of sole manager under
sub-section (1) of section 64;
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(w) to declare the mines and part threeof for the purpose of applicability of the
provisions of this Code under sub-section (2) of section 65;
(x) for the grant of common lincence under section 111;
(y) qualification under clause (g) of section 128.
(z) the language of the bye-laws under sub-section (7) of section 131;
127. (1) The State Government may, subject to the conditions of previous publication
and by notification, make rules for the matters relating to the factories, plantation and any
other matter for the carrying out the provision of this Code by the State Government.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the constitution, procedure and other matters relating to State Advisory
Board under sub-section (2) of section 17;
(b) the number of members and their qualifications under sub-section (3) of
section 17;
(c) the form of application and the payment of fees under sub-section (2) of
section 69;
(d) the manner of preparing the plan of the place of premises under sub-section (3)
of section 69;
(e) other matter under clause (e) of sub-section (4) of section 69;
(f) fees under sub-section (6) of section 69;
(g) the time of filing appeal, fees and the appellate authority under section 70;
(h) the form of application by the employee under sub-section (1) of section 71;
(i) form of maintaining the record of the work under sub-section (2) of
section 71;
(j) rules for manner and approval, licensing of factories under sub-section (1)
of section 74;
(k) mode of submission of application under sub-section (2) of section 74;
(l) limit for replacement of any plant or machinery under Explanation to
section 74;
(m) the manner of disclosing information by occupier of a factory under
sub-section (1) of section 79;
(n) the interval of informing Chief Inspector-cum-Facilitator and the local
authority about the policy relating to hazardous process of a factory under
sub-section (2) of section 79;
(o) the form and manner of informing Chief Inspector-cum-Facilitator under
sub-section (5) of section 79;
Power of
State
Government
to make
rules.
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(p) the manner of publicising among the workers and the general public living in
the vicinity of the factory including a hazardous process under sub-section (7) of
section 79;
(q) maintain health and medical records of the workers and the conditions for
accessibility by workers engaged in hazardous process under clause (a) of section 80;
(r) the qualification and experience of persons handling hazardous substance
and manner of providing necessary facilities for protecting the workers under clause (b)
of section 80;
(s) the manner of providing medical examination of a worker under sub-clause (ii)
of clause (c) of section 80;
(t) the maximum permissible limit of exposure of chemical and toxic substances
in manufacturing process in any factory under section 83;
(u) any other matter which has to be, or may be, prescribed.
(3) The Central Government may, by notification and in consultation with the State
Government, make rules for the purposes of bringing uniformity, throughout the country, in
occupational safety, health or such other matters as it considers necessary in respect of
factories.
129. The power to make rules, regulations, and bye-laws under this Code shall be
subject to the condition of the previous publication of the same being made, in the following
manner, namely:—
(a) the date to be specified after a draft of rule, regulation, standard and bye-
laws proposed to be made will be taken under consideration, shall not be less than
forty-five days from the date on which the draft of the proposed rule, regulation,
standard and bye-laws is published for general information;
(b) rule, regulation, standard and bye-laws shall be published in the Official
Gazette and, on such publication, shall have effect as if enacted in this Code.
130. Notwithstanding anything contained in section 130, regulations under section 129
may be made without previous publication and without reference to the National Occupational
Safety Health Advisory Board constituted under sub-section (1) of section 16 if the Central
Government is satisfied that for the prevention of apprehended danger or the speedy remedy
of conditions likely to cause danger it is necessary in making such regulations to dispense
with the delay that would result from such publication and reference:
Provided that any regulations so made shall be sent to the said National Occupational
Safety Health Advisory Board for information and shall not remain in force for more than one
year from the making thereof.
132. Every  standard, rule, regulation and bye-laws made by the Central Government
under this Code shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the regulation, rule or bye-law or both Houses agree that the
regulation, rule or bye-law should not be made, the regulation, rule or bye-law shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however,
Laying of
regulations,
rules and
bye-laws,
etc., before
Parliament.
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that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that regulation, rule or bye-law, as the case may be.
134. (1) The following Acts shall stand repealed with effect from such date as may be
notified in this behalf, namely:—
(a) The Factories Act, 1948;
(b) The Mines Act, 1952;
(c) The Dock Workers (Safety, Health and Welfare) Act, 1986;
(d) The Building and Other Construction Workers (Regulation of Employment
and Conditions of Service) Act, 1996;
(e) The Plantations Labour Act, 1951;
(f) The Contract Labour (Regulation and Abolition) Act, 1970;
(g) The Inter-State Migrant workmen (Regulation of Employment and Conditions
of  Service) Act, 1979;
(h) The Working Journalist and other News Paper Employees (Conditions of
Service and Miscellaneous Provision) Act, 1955;
(i) The Working Journalist (Fixation of rates of wages) Act, 1958;
(j) The Motor Transport Workers Act, 1961;
(k) The Sales Promotion Employees (Conditions of Service) Act, 1976;
(l) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
(m) The Cine Workers and Cinema Theatre Workers Act, 1981.
(2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed for the purposes under any of
the provisions of the enactments repealed by this Code, shall be deemed to have been
appointed under this Code for such purposes under this Code.
(3) Notwithstanding such repeal, anything done or any action taken under the
enactments so repealed (including any rule, regulation, bye-laws, notification, nomination,
appointment, order or direction made thereunder) shall be deemed to have been done or
taken under the corresponding provisions of this Code and shall be in force to the extent
they are not contrary to the provisions of this Code till they are repealed by the Central
Government.
(4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of
the General Clauses Act, 1897 shall apply to the repeal of such enactment.
Laying of
rules made by
State
Government.
Repeal and
savings.
63 of 1948.
35 of 1952.
54 of 1986.
27 of 1996.
69 of 1951.
37 of 1970.
30 of 1979.
45 of 1955.
29 of 1958.
11 of 1976.
32 of 1966.
50 of 1981.
10 of 1897.
27 of 1961.
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THE FIRST SCHEDULE
[See section 2(y)]
List of Industries involving hazardous processes
17. Chemical Industries
-Coke Oven by-products and Coaltar Distillation products
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-Industrial Gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen,
sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc.)
-Industrial Carbon
-Alkalies and Acids
-Chromates and dichromates
-Lead and its compounds
-Electrochemicals (metallic sodium, potassium and magnesium, chlorates,
perchlorates and peroxides)
-Electrothermal produces (artificial abrasive, calcium carbide)
-Nitrogenous compounds (cyanides, cyanamides and other nitrogenous
compounds)
-Phosphorous and its compounds
-Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)
-Explosives (including industrial explosives and detonators and fuses)
2002. In pursuance of the recommendations of the said Commission, it has become necessary
to enact a Central Legislation in the form of a Code, namely the Occupational Safety, Health
and Working Conditions Code, 2019 which incorporates the essential features of the thirteen
enactments relating to factories, mines, dock workers, building and other construction
workers, plantations labour, contract labour, Inter-State migrant workmen, working Journalist
and other news paper employees, motor transport workers, sales promotion employees,
beedi and cigar workers, cine workers and cinema theatre workers and to repeal the respective
enactments.  It provides broader legislative framework to secure just and humane conditions
of work with flexibility and to provide enabling provisions for making rules and regulations
in tune with the emerging technologies.
2. The Occupational Safety, Health and Working Conditions Code, 2019 simplifies,
amalgamates and rationalises the provisions of thirteen enactments in the aforesaid areas
and to comprise them in a concise volume with certain important changes.  The salient
features of the said Code, inter alia, provides for the following, namely:––
(i) to impart flexibility in adapting dynamic factors and technological changes,
in the matters relating to health, safety, welfare and working conditions of workers;
(ii) to apply the provisions of the proposed Code for all establishments having
ten or more workers, other than the establishments relating to mines and docks;
(iii) to expand––
(a) the ambit of the provisions relating to working conditions of cine
and theatre workers to include them in the digital audio-visual workers
encompassing all forms of electronic media;
(b) the scope of journalists to include them in electronic media such as
in e-paper establishment or in radio or in other media;
(c) the scope of Inter-State migrant workers to include therein the workers
recruited or engaged by an employer directly, from one State to another State
for employment in his establishment;
(d) the definition of “family” to include therein the dependent grand-
parents in order to take care of them in old age;
(iv) to provide the concept of “one registration” for all establishments having
ten or more employees;
(v) to constitute “the National Occupational Safety and Health Advisory Board”
to give recommendations to the Central Government on policy matters, relating to
occupational safety, health and working conditions of workers;
(vi) to constitute “the State Occupational Safety and Health Advisory Board”
at the State level to advice the State Government on such matters arising out of the
administration of the proposed Code;
(vii) to make a provision for the constitution of “Safety Committee” by the
appropriate Government in any establishment or class of establishments;
(viii) to allow the women employees to work at night, that is, beyond 7 PM and
before 6AM subject to the conditions relating to safety, holiday, working hours and
their consent;
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(ix) to make a provision of “common license” for factory, contract labour and
beedi and cigar establishments and to introduce the concept of a single all India
license for five years for engaging the contract labour;
(x) to enable the courts to give a portion of monetary penalties upto fifty per
cent. to the worker who is a victim of accident or to the legal heirs of such victim in the
case of his death; and
(xi) to make a provision for adjudging the penalties imposed under the Code.
2. The matters in respect of which the said rules and regulations may be made are
matters of procedure and administrative detail, and as such, it is not practicable to provide
for them in the proposed Code itself.  The delegation of legislative power is, therefore, of a
normal character.
LOK SABHA
————
A
BILL
to consolidate and amend the laws regulating the occupational safety, health and working
conditions of the persons employed in an establishment and the matters connected
therewith or incidental thereto.
————
[Shri Santosh Kumar Gangwar, Minister of State for Labour and Employment,
(Independent Charge)]
MGIPMRND—1798LS(S3)—18-07-2019.