Section 134: Power of Central Government to make rules

Finin2min analysis — what the section actually does

Full statutory text — Section 134

134. Power of Central Government to make rules.—(1) The Central 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) the other authority under sub-clause (iii) of clause (zs) of sub-section (1) of section 2;
      (b) the matters which are directly related to the condition of ship under the proviso to sub-
   clause (iii) of clause (zs) of sub-section (1) of section 2;
      (c) other period under clause (a) of sub-section (1) of section 3;
      (d) the form of certificate of registration, the time within which and the conditions subject to which
   such certificate shall be issued under sub-section (3) of section 3;
      (e) the form of intimation by the employer electronically and the manner of amendment in the
   certificate electronically under sub-section (4) of section 3;
      (f) the manner of informing closing of establishment and certifying payment to the registering
   officer under sub-section (5) of section 3;

   (g) procedure for nomination and discharge of functions of Members of National Board under
sub-section (3) of section 16;
   (h) the terms and conditions of service of officers and employees of the National Board under
sub-section (4) of section 16;
   (i) the number of members of technical committees or advisory committees and their qualifications
under sub-section (5) of section 16;
    (j) the form and manner of collecting, compiling and analyzing occupational safety and health
statistics under sub-section (1) of section 21;
   (k) the form and manner of maintaining database electronically or otherwise and the documents to
be produced under sub-section (2) of section 21;
   (l) health and working conditions under sub-section (1) of section 23;
   (m) regarding matters specified in sub-section (2) of section 23;
   (n) welfare facilities for the employees under sub-section (1) of section 24;
   (o) regarding matters specified in sub-section (2) of section 24;
   (p) facility of crèche under sub-section (3) of section 24;
   (q) definition of “running time” in relation to a working day under clause (a) of the Explanation to
sub-section (1) of section 25;
   (r) the hours of work for working journalist under sub-section (2) of section 25;
   (s) other kinds of leave under clause (i) of sub-section (3) of section 25;
   (t) the maximum period of accumulating leave under clause (ii) of sub-section (3) of section 25;
   (u) 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;
   (v) conditions and restrictions for entitlement of cash compensation under clause (iv) of sub-
section (3) of section 25;
   (w) powers and duties of District Magistrate under section 36;
   (x) requisite qualifications or criteria under sub-section (1) of section 47;
   (y) period of renewal of licence under sub-section (2) of section 47;
   (z) procedure under clause (b) of sub-section (1) of section 51;
   (za) form of agreement under clause (a), and the name and other particulars under clause (b) of
sub-section (2) of section 66;
   (zb) the matter which may be saved and the qualifications of sole manager under sub-section (1) of
section 67;
   (zc) the conditions relating to number of employees, depth of excavation and other matters under
clause (a) of sub-section (1) of section 68;
   (zd) conditions relating to workings, opencast workings and explosives under clause (b) of sub-
section (1) of section 68;
  (ze) to declare the mines and part thereof for the purpose of applicability of the provisions of this
Code under sub-section (2) of section 68;
   (zf) the authority, the manner of informing such authority and the time limit for making such
information under sub-section (3) of section 68;
   (zg) to provide for medical examination of apprentice, other trainee or employee under sub-
section (3) of section 70;

     (zh) to exempt certain persons or category of persons holding positions of supervision or
   management and the persons employed in mine and the persons employed therein under section 71;
      (zi) to provide for vocational training and rescue and recovery services to the persons employed in
   a mine under section 72;
      (zj) medical authority under sub-section (2) of section 117;
      (zk) rules under sub-section (4) of section 121;
      (zl) the language of the bye-laws under sub-section (7) of section 139;
      (zm) any other matter which is required to be, or may be prescribed.

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) the other authority under sub-clause (iii) of clause (zs) of sub-section (1) of section 2;
2. Additional operative limb — (d) the form of certificate of registration, the time within which and the conditions subject to which such certificate shall be issued under sub-section (3) of section 3;
3. Qualification / exception to test — Explanation to sub-section
4. Numerical or timing control — (q) definition of “running time” in relation to a working day under clause (a) of the Explanation to sub-section (1) of section 25;
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Central Government, 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 134

Source & verification trail