Section 135: Power of State Government to make rules

Finin2min analysis — what the section actually does

Full statutory text — Section 135

135. Power of State Government to make rules.—(1) The State Government may, subject to the
condition of previous publication and by notification, make rules for the carrying out the provisions 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 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 74;
      (d) the manner of preparing the plan of the place or premises under sub-section (3) of section 74;
      (e) other matters under clause (e) of sub-section (4) of section 74;
      (f) fees under sub-section (6) of section 74;
      (g) period under the second proviso to sub-section (6) of section 74;
      (h) the time of filing appeal and fees under section 75;
      (i) the form of application by the employee and conditions under sub-section (1) of section 76;
      (j) form of maintaining the record of the work under sub-section (2) of section 76;
      (k) the manner of disclosing information by occupier of a factory under sub-section (1) of
   section 84;
      (l) the interval of informing Chief Inspector-cum-Facilitator and the local authority about the policy
   with respect to the health and safety of the workers under sub-section (2) of section 84;
      (m) the form and manner of informing Chief Inspector-cum-Facilitator under sub-section (5) of
   section 84;
      (n) the manner of publicising among the workers and the general public living in the vicinity of the
   factory the measures and disposal laid down under sub-section (7) of section 84;
      (o) the conditions for accessibility to the record by the workers under clause (a) of section 85;
      (p) the qualification and experience of persons handling hazardous substance and manner of
   providing necessary facilities for protecting the workers under clause (b) of section 85;
       (q) the manner of providing for medical examination of a worker under sub-clause (ii) of clause (c)
   of section 85;
      (r) the measures or standards under sub-section (1) of section 86;
     (s) the value of the maximum permissible limit of exposure of chemical and toxic substances in
   manufacturing process in any factory under section 88;
      (t) requiring every employer to make in his plantation provisions in respect of as specified in
   clauses (a) to (d) of sub-section (1) of section 92;

      (u) for prohibiting or, restricting employment of women or adolescents under sub-section (2) of
   section 93;
      (v) qualifications under sub-section (3) of section 93;
      (w) other matters under sub-section (4) of section 93;
      (x) manner of periodical medical examination of worker under sub-section (5) of section 93;
      (y) the manner of providing facilities, clothing and equipment under sub-section (7) of section 93;
      (z) precautionary notices under sub-section (9) of section 93;
      (za) any other matter which is required 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.

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 constitution, procedure and other matters relating to State Advisory Board under sub- section (2) of section 17;
2. Additional operative limb — (za) any other matter which is required to be, or may be, prescribed.
3. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, Worker, Central Government, State Government, Inspector-cum-Facilitator.

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 135

Source & verification trail