Section 133: Power of appropriate Government to make rules

Finin2min analysis — what the section actually does

Full statutory text — Section 133

133. Power of appropriate Government to make rules.—(1) The appropriate Government may,
subject to the condition 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) income from the sources under Explanation to clause (x) of sub-section (1) of section 2;
      (b) substance or quantity of substance under clause (zb) of sub-section (1) of section 2;
      (c) the late fee under the proviso to sub-section (1) of section 3;
      (d) the manner of submitting application under sub-section (2) of section 3 and the form of such
   application and the particulars to be contained therein and the fees to be accompanied therewith;
      (e) the form and manner of sending the notice and the authority to whom the notice shall be sent
   and the manner of intimating the authority under sub-section (1) of section 5;
      (f) annual health examination or test free of costs, age of employees or class of employees or
   establishment or class of establishments under clause (c) of sub-section (1) of section 6;
      (g) the information to be included in the letter of appointment and the form of such letter under
   clause (f) of sub-section (1) of section 6;
      (h) the nature of bodily injury and the manner of notice and the time within which the notice shall
   be sent and the authority to which notice shall be sent under sub-section (1) of section 10;
      (i) nature of dangerous occurrence and the form of notice, the time within which and the authority
   to which notice shall be sent under section 11;
      (j) the form of notice related to certain diseases and the time within which the notice shall be sent
   and the authority to which the notice shall be sent under sub-section (1) of section 12;
      (k) the form and manner of the report and the time within which such report shall be sent to the
   office of the Chief Inspector-cum-Facilitator under sub-section (2) of section 12;
      (l) manner of making report by employee under clause (d) and other duties of employees under
   clause (g) of section 13;
      (m) manner of sending report of action taken under sub-section (3) of section 14;
      (n) the manner of constituting a safety committee and the manner and the purpose for choosing the
   representative of the workers in the Safety Committee under sub-section (1) of section 22;
      (o) the qualifications, duties and number of safety officers under sub-section (2) of section 22;
      (p) conditions for exemption of workers from weekly and compensatory holidays under sub-
   section (2) of section 26;
      (q) the total number of overtime under second proviso to section 27;
      (r) circumstances for exemption from restriction on double employment in factory and mine under
   section 30;
      (s) the form of notice and manner of display of such notice and the manner in which such notice
   shall be sent to the Inspector-cum-Facilitator under sub-section (2) of section 31;
      (t) the form of register and particulars of workers under clause (a) of section 33;
      (u) the manner and form of displaying notices under clause (b) of section 33;

   (v) return, manner of filing the return and periods of filing return to the Inspector-cum-Facilitator
under clause (d) of section 33;
   (w) the qualification and experience of Chief Inspector-cum-Facilitator under sub-section (5) of
section 34;
   (x) the manner of taking samples of any article or substance found in any premises and air of
atmosphere under clause (x) of sub-section (1) of section 35;
   (y) the other powers and duties under clause (xiv) of sub-section (1) of section 35;
  (z) the specialised qualification and experience, duties and responsibilities of experts to be
empanelled under section 37;
   (za) the manner of providing alternative employment under sub-clause (d) of clause (A) of sub-
section (1) of section 38;
   (zb) the qualification for the appointment of medical practitioner and other establishment under
sub-section (1) of section 42;
   (zc) other establishment engaged in the dangerous occupation or processes under clause (a) of
sub-section (2) of section 42;
   (zd) medical supervision and other establishment under clause (b) of sub-section (2) of section 42;
   (ze) other establishment under clause (c) of sub-section (2) of section 42;
   (zf) conditions relating to safety, holidays and working hours or any other condition to be observed
by the employer under section 43;
   (zg) the manner of requiring the employer to provide the adequate safeguards under section 44;
   (zh) conditions including, in particular, conditions as to hours of work, fixation of wages and other
essential amenities in respect of contract labour under clause (a) of sub-section (3) of section 47;
   (zi) the form and manner of application and the particulars which such application shall contain
regarding the number of contract labour, nature of work for which contract labour is to be employed
and other particulars including the information relating to the employment of inter-State migrant
workers under sub-section (1) of section 48;
   (zj) the procedure under sub-section (2) of section 48;
   (zk) manner of applying for the renewal of licence and the manner of renewal of licence under sub-
section (3) of section 48;
   (zl) responsibility of the contractor under sub-section (4) of section 48;
   (zm) the manner of intimation of work order and time-limit for such intimation under sub-
section (1) of section 50;
   (zn) the manner of suspending or cancelling the licence under sub-section (2) of section 50;
   (zo) the period before which the wages shall be paid under sub-section (1) of section 55;
   (zp) the mode of payment of wages under proviso to sub-section (2) of section 55;
   (zq) the manner of payment of wages from security deposit under sub-section (4) of section 55;
   (zr) the form of issuing experience certificate under section 56;
   (zs) the form and manner of making application under clause (b) of sub-section (2) of section 57;
   (zt) period of making report and the period of deciding the question under clause (c) of sub-
section (2) of section 57;
   (zu) minimum service for entitlement, class of travel and other matters under section 61;
   (zv) manner of providing facility of toll free helpline under section 63;
   (zw) manner of providing for study on inter-State migrant workers under section 64;

      (zx) authority to whom a copy of the agreement shall be forwarded by the producer under sub-
   section (3) of section 66;
      (zy) details under clause (vii) of sub-section (4) of section 66;
      (zz) rules in respect of factory or class or description of factories under sub-section (1) of
   section 79;
      (zza) mode of submission of application under sub-section (2) of section 79;
      (zzb) common facilities and services for joint liability of owner of premises and occupiers of the
   factories under section 80;
      (zzc) rules under section 82;
      (zzd) purposes under sub-section (1) of section 83;
      (zze) form of application under sub-section (2) of section 83;
      (zzf) the appellate authority for appeal against the order of Inspector-cum-Facilitator of factory and
   the manner of appeal under section 90;
      (zzg) rules under section 91;
      (zzh) manner of holding enquiry under sub-section (1) of section 111;
      (zzi) form and manner of preferring appeal and the fee to accompany such appeal under sub-
   section (3) of section 111;
      (zzj) manner of compounding under sub-section (1) of section 114;
      (zzk) other sources of fund under sub-section (2) of section 115;
      (zzl) the manner of administering and expending the Fund under sub-section (3) of section 115;
      (zzm) the form of application, manner of filing the application and the fee to be accompanied
   therewith including the information relating to the employment of inter-State migrant workers under
   sub-section (2) of section 119;
      (zzn) actions, manner of taking actions and inquiry under sub-section (3) of section 119;
      (zzo) the form of appeal, the fee to be accompanied therewith and the appellate authority under sub-
   section (6) of section 119;
      (zzp) the manner of survey under sub-section (2) of section 121;
      (zzq) any other matter which is required to be, or may be, prescribed under this Code.

How to apply this provision

1. Primary statutory test — (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) income from the sources under Explanation to clause (x) of sub-section (1) of section 2;
2. Additional operative limb — (e) the form and manner of sending the notice and the authority to whom the notice shall be sent and the manner of intimating the authority under sub-section (1) of section 5;
3. Qualification / exception to test — Explanation to clause (x) of sub-section
4. Numerical or timing control — (zf) conditions relating to safety, holidays and working hours or any other condition to be observed by the employer under section 43;
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Appropriate Government, Inspector-cum-Facilitator, Authority / officer.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 133

Source & verification trail