Section 134 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.
Section 134 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) is the Central Government's rule-making power. It allows rules, after previous publication, for carrying out the Code's purposes, and lists 39 matters in clauses (a) to (zm) that the Central rules may cover. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 (G.S.R. 345(E), 8 May 2026) were made under sections 133 and 134. To see which of these rules bind your business, our labour law compliance team can map them.
Section 134(1): the Central Government may, subject to previous publication and by notification, make rules for carrying out the purposes of the Code. Section 134(2): without prejudice to that power, rules may provide for the listed matters in clauses (a) to (zm), from registration and leave to contractor licensing, mines, the medical authority for age certificates, inquiry rules and the language of mine bye-laws. Clause (zm) adds any other matter required or allowed to be prescribed.
Section 134 at a glance
| Sub-section | What it says |
|---|---|
| 134(1) | Central Government may make rules for carrying out the purposes of the Code, subject to previous publication, by notification |
| 134(2) | Rules may provide for the listed matters, without prejudice to the general power; clauses (a) to (zm) |
| Link to section 137 | Previous publication means a draft published for at least 45 days for objections, then Gazette publication |
| Link to section 141 | Every rule is laid before Parliament for 30 days |
Section 134(1): the general power
"The Central Government may, subject to the condition of previous publication and by notification, make rules for carrying out the purposes of this Code." Two conditions apply. The rules need previous publication in the way section 137 lays down: a draft is published for general information with a date, not less than forty-five days away, on which it will be considered, and the final rule is published in the Official Gazette (see sections 137 to 139). The rules must also be laid before Parliament under section 141 (see sections 140 to 142).
The Central Rules, 2026 follow that path. The preamble says the draft was published under G.S.R. 934(E) dated 30 December 2025, inviting objections within forty-five days, and that the objections were considered before the final notification G.S.R. 345(E) of 8 May 2026.
Section 134(2): what the Central rules may cover
The listed matters are grouped below. Clause letters are as printed.
| Theme | Matters (clause) |
|---|---|
| Definitions | Other authority under section 2(1)(zs)(iii) (a); ship-related matters under the proviso to that sub-clause (b) |
| Registration | Other period (c); form, time and conditions for certificate (d); electronic intimation of change and amendment (e); informing closure and certifying payment (f) |
| National Board | Procedure for nomination (g); service terms of its officers (h); number and qualification of members of technical committees or advisory committees (i) |
| Statistics | Collection of OSH statistics (j); database and documents under section 21(2) (k) |
| Health, welfare and hours | Health and working conditions (l), (m); welfare facilities (n), (o); crèche (p); "running time" (q); hours of working journalists (r); other kinds of leave, maximum accumulation, limits and cash compensation (s) to (v) |
| District Magistrate | Powers and duties under section 36 (w) |
| Contractors | Qualifications for licence (x); renewal period (y); procedure under section 51(1)(b) (z) |
| Audio-visual workers | Form of agreement and particulars (za) |
| Mines | Matters saved and sole manager's qualifications (zb); conditions for exemption from mines provisions (zc), (zd); declaring mines (ze); informing the authority (zf); medical examination of apprentices and trainees (zg); exemptions for supervisors and managers (zh); vocational training and rescue (zi) |
| Age | Medical authority under section 117(2) (zj) |
| Inquiry | Rules under section 121(4) (zk) |
| Bye-laws | Language of bye-laws under section 139(7) (zl) |
| Residual | Any other matter required or allowed to be prescribed (zm) |
Key observations:
- Some of these are limited Central matters. For example, the procedure for the medical authority for age certificates under section 117(2) is a clause (zj) matter. Rule 178 of the Central Rules says the medical authority must be a medical practitioner with a recognised medical qualification and enrolled on a State Medical Register under the National Medical Commission Act, 2019 (see rules 178 and 179).
- Inquiry procedure. Clause (zk) gives the power for rules on the procedure of inquiry and survey under section 121(4); the Central Rules have rules 179 to 181 on that subject.
- Mines. Clauses (zb) to (zi) and (zl) are the Central rule-making basis for mine-specific items such as the manager's qualification, training and the language of bye-laws. In the Central Rules, mines appear in a separate Part with rules starting from rule 107.
- Overlap with section 133. Many matters listed in section 133(2), such as the form of application for registration, are also left to the appropriate Government. The Central Rules cite both sections in the preamble, so a rule may draw power from either.
Reading the Rules next to section 134
The Central Rules, 2026 extend to the whole of India and come into force on publication in the Official Gazette (rule 1(2) and (3)). They supersede fifteen sets of older rules, including the Contract Labour (Regulation and Abolition) Central Rules, 1971, the Inter-State Migrant Workmen Central Rules, 1979, the Mines Rules, 1955 and the BOCW Central Rules, 1998, except for things done before supersession (see rules 1 and 2).
The Rules bind where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own rules under section 135 apply (see sections 135 and 136). Central regulations for mines and dock work are under section 136.
Example. A contractor supplies workers across several States. The licence qualification and renewal period are clause (x) and (y) matters for Central rules, and the Central Rules deal with them in rules 85 and 91, so the contractor reads those rules. A local shop contractor working wholly within a State that is the appropriate Government reads the State's rules.
Practical steps
- Identify the appropriate Government for each establishment.
- Use the Rules, not just the Code, for forms, time limits and fees.
- Track amendments. Rules can be amended by notification, subject to previous publication and laying.
- Keep the old-rule position in mind. Steps completed before supersession are saved.
Need help with the Central Rules?
If you want a table of the Central Rules that apply to your factory, mine, construction site or contract labour set-up, and what each requires, our labour law compliance team can prepare one against your establishment profile.
Key takeaways
- Section 134 gives the Central Government rule-making power, after previous publication of at least 45 days, by notification.
- Clauses (a) to (zm) list matters from registration and leave to contractors, mines, age medical authority, inquiry and bye-law language.
- The Central Rules, 2026 were made under sections 133 and 134 and supersede 15 sets of older rules.
- They bind where the Central Government is the appropriate Government; State rules apply otherwise.
Read next
- Sections 130-133: notices, amendment of Schedules, removal of difficulties and rules
- Sections 135-136: State rules and Central regulations
- Rules 1-2: short title, commencement and definitions
- 4 New 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.