Sections 130-133 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 130 to 133 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) are machinery provisions. Section 130 makes every required notice or information legally binding. Section 131 lets the Central Government amend the Schedules by notification. Section 132 allows an order to remove difficulties, but only within two years of commencement. Section 133 gives the appropriate Government its rule-making power. For help reading how they affect your filings, see our legal consultation service.
Section 130: a person required to give a notice or information to any authority under the Code is legally bound to do so within the meaning of section 176 of the Indian Penal Code. Section 131: the Central Government may add, alter or omit entries in any Schedule by notification. Section 132: the Central Government may make a removal-of-difficulties order, not inconsistent with the Code, but not after two years from the date the Code comes into force. Section 133: the appropriate Government may make rules, after previous publication, on the matters listed.
Sections 130 to 133 at a glance
| Section | Subject | Key point |
|---|---|---|
| 130 | Persons required to give notice legally bound | Legally bound within the meaning of section 176 of the IPC |
| 131 | Amendment of Schedule | Central Government by notification; Schedule deemed amended |
| 132(1) | Removal of difficulties | Order in the Official Gazette; not inconsistent with the Code; not after two years from commencement |
| 132(2) | Laying | Every order laid before each House of Parliament as soon as may be |
| 133(1) | Rules | Appropriate Government, subject to previous publication, by notification |
| 133(2) | Listed matters | Clauses (a) to (zzq) |
Section 130: a required notice is a legal duty
Section 130: "Every person required to give any notice or to furnish any information to any authority in relation to the provisions of this Code shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code."
The Code asks employers for many notices: commencement and cessation of operation under section 5, accidents and dangerous occurrences under sections 10 and 11, diseases under section 12, registers and returns under section 33. Section 130 confirms that each is a legal obligation, not a courtesy. Section 176 of the Indian Penal Code concerned omission to give notice or information to a public servant when legally bound to do so. From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS); this article gives no new section number. The Code's own penalties for failing to furnish returns are in sections 97 to 99 (see our article on those sections).
Section 131: amending the Schedules
The Central Government may, by notification, "amend any Schedule by way of addition, alteration or omission therein", and on the notification being issued, "the Schedule shall be deemed to be amended accordingly".
The Code has three Schedules:
- the First Schedule, list of industries involving hazardous processes (40 items);
- the Second Schedule, matters for occupational safety and health standards (73 items);
- the Third Schedule, notifiable diseases (29 items).
These are the lists as enacted. Because of section 131, a list of hazardous industries or notifiable diseases can change by notification without going back to Parliament. Check the current Gazette before relying on the enacted lists (see First Schedule, Second Schedule and Third Schedule). Section 131 only mentions a notification; unlike sections 137 and 141, it does not mention prior publication or laying before Parliament.
Section 132: removal of difficulties
Section 132(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."
The proviso: no such order shall be made after the expiry of two years from the date on which this Code comes into force. Section 132(2) requires every order to be laid before each House of Parliament as soon as may be after it is made.
Two limits are plain. The order must be not inconsistent with the Code, so it cannot override the text. And it has a time limit: two years from the date the Code comes into force. The Code is in force from 21 November 2025, as the four Labour Codes were brought into force on that date; some provisions may be notified later, and this article does not say exactly when the two-year period ends for any specific provision. If you see an order claiming to be under section 132, check its date and that it falls within the period.
Section 133: rules by the appropriate Government
Section 133(1): the appropriate Government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of the Code. The general power is followed, in section 133(2), by a list of matters in clauses (a) to (zzq), "without prejudice to the generality" of the power. The last clause, (zzq), covers "any other matter which is required to be, or may be, prescribed".
Grouped, the listed matters include:
| Group | Examples (section 133(2) clause) |
|---|---|
| Registration | Late fee (c); application form, particulars and fee (d); notice of commencement (e) |
| Employer duties | Annual health examination and age (f); letter of appointment (g); accident notice (h), (i); disease notice (j), (k) |
| Safety committee and officers | Constitution (n); qualifications, duties and number of safety officers (o) |
| Hours and leave | Exemption from weekly holidays (p); overtime total (q); double employment (r); register and returns (t), (v) |
| Inspectors and experts | Qualification of Chief Inspector-cum-Facilitator (w); experts (z); medical practitioners (zb) |
| Contract labour | Licence application, renewal and contractor responsibility (zi) to (zl); wages (zo) to (zq) |
| Migrant workers | Journey allowance and helpline and study (zu), (zv), (zw) |
| Factories and hazards | Factory rules (zz), (zza); site appraisal (zzd), (zze); appeal against a factory inspector's order (zzf) |
| Penalties | Inquiry and appeal (zzh), (zzi); compounding (zzj); Fund (zzk), (zzl) |
| Licences and surveys | Common licence (zzm) to (zzo); survey (zzp) |
Two points. First, section 133 is the rule-making power of the appropriate Government, which is Central or State depending on the establishment, while section 134 is the power of the Central Government (see section 134). The Central Rules, 2026, G.S.R. 345(E) of 8 May 2026, recite that they were made under both sections 133 and 134 after the draft of 30 December 2025. Second, State Governments make their own rules where the State is the appropriate Government (see sections 135 and 136).
What to do as an employer
- Treat every statutory notice as a legal duty. Diary notice dates for commencement, accidents, disease and returns.
- Check the current Schedules. The enacted lists can be changed by notification under section 131.
- Read the rules for the details. Forms, times and fees are in rules made under section 133 or 134, or in State rules.
- Watch for removal-of-difficulties orders, which can fill gaps for up to two years from commencement.
Need help with notices and rules?
If you want a calendar of the notices and returns your establishment owes under the Code and the rules, our legal consultation team can prepare it and check which rules, Central or State, apply to you.
Key takeaways
- Section 130 makes every required notice or information a legal duty; the IPC reference is now read with the BNS.
- Section 131 lets the Central Government amend the three Schedules by notification.
- Section 132 allows a removal-of-difficulties order not inconsistent with the Code, and not after two years from commencement; orders are laid before Parliament.
- Section 133 gives the appropriate Government rule-making power after previous publication, with a list in clauses (a) to (zzq).
Read next
- Sections 120-122: overriding effect, inquiry and publication of reports
- Section 134: power of Central Government to make rules
- Section 33: registers, records and filing of returns
- 4 Labour Codes 2020: complete guide
Disclaimer: Based on the Occupational Safety, Health and Working Conditions Code, 2020 (as enacted) and, where noted, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.