Sections 135-136 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 135 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) gives State Governments power to make rules, mostly for industrial premises, factories and plantations, and lets the Central Government, in consultation with States, make uniform rules for factories. Section 136 gives the Central Government power to make regulations for mines and dock work. If your establishment is State-regulated, our legal consultation team can help you find the State rules that apply.
Section 135(1): the State Government may, after previous publication, make rules for carrying out the provisions of the Code. Section 135(2) lists the matters, clauses (a) to (za): State Advisory Board, licence for industrial premises, appeals, factory disclosure and hazard measures, permissible exposure limits and plantations. Section 135(3): the Central Government may, in consultation with the State Government, make rules for uniformity in factories. Section 136: the Central Government may make regulations for mines and dock work.
Sections 135 and 136 at a glance
| Provision | Who acts | Subject |
|---|---|---|
| 135(1) | State Government | Rules after previous publication, by notification |
| 135(2) | State Government | Matters in clauses (a) to (za) |
| 135(3) | Central Government, in consultation with the State | Rules for uniformity of occupational safety and health in factories |
| 136 | Central Government | Regulations consistent with the Code for mines and dock work (clauses (a) to (zzl)) |
Section 135(1) and (2): State rules
"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." The rules are laid before the State Legislature as soon as may be after they are made (section 142).
Section 135(2) lists matters "without prejudice to the generality" of that power. Grouped, they are:
| Theme | Matters (clause) |
|---|---|
| State Advisory Board | Constitution, procedure (a); number of members and qualifications (b) |
| Industrial premises (beedi and cigar) | Form of application and fees (c); other matters under section 74(4)(e) (e); fees (f); period (g); appeal time and fee under section 75 (h) |
| Work at home for beedi and cigar | Form of application by the employee (i); record of the work (j) |
| Factory disclosure and hazards | Manner of disclosure of information by occupier (k); interval for informing the Chief Inspector-cum-Facilitator and local authority on health and safety policy (l); form of informing (m); publicising measures in the vicinity (n); worker access to records (o); qualification of persons handling hazardous substances (p); medical examination of workers (q) |
| Standards | Measures or standards under section 86 (r); maximum permissible exposure limits for chemical and toxic substances (s) |
| Plantations | Provisions under section 92(1)(a) to (d) (t); prohibiting or restricting employment of women or adolescents (u); qualifications (v); other matters (w); periodic medical examination (x); facilities, clothing and equipment (y); precautionary notices (z) |
| Residual | Any other matter required or allowed to be prescribed (za) |
Clause (d) is the preparation of the plan of premises under section 74(3).
For industrial premises see sections 74 and 75, for factory disclosure see sections 84 and 85, for limits see sections 86 to 88 and for plantations see sections 92 and 93.
Why this matters to employers. For factories, plantations and beedi premises where the State is the appropriate Government, the forms, fees, time limits and exposure limits sit in State rules, not in the Central Rules. The Central Rules, 2026 apply where the Central Government is the appropriate Government. Always identify which Government is appropriate for your establishment first (see our definitions article), then read the matching rule set.
Section 135(3): uniformity for factories
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."
So, although factories are a State-rule subject, the Centre can set common rules for them. The text requires a notification and consultation with the State Government. It does not require the State's consent.
Section 136: Central regulations for mines and dock work
Section 136: "The Central Government may, by notification, make regulations consistent with this Code for all or any of the following purposes". Note the word is regulations, not rules. The heading of the section limits it to mines and dock work.
The listed purposes are long (clauses (a) to (zzl)). In outline:
Mines (clauses (a) to (zk)).
- Qualifications and duties of Inspector-cum-Facilitators, and inspection of mines (a), (b).
- Duties and qualifications of owners, agents and managers; examinations, certificates of competency and fees (c) to (f); one manager for more than one mine (g).
- Inquiries, including into misconduct or incompetence of certificate holders, with civil court powers (h).
- Storage and use of explosives, subject to the Indian Explosives Act, 1884 (i).
- Employment of women in mines and limits on weight carried (j).
- Safety of persons, entrances and exits, shafts, roads and working places, pillars and barriers (k) to (m).
- Inspection of workings, water inrush, fire, ventilation, dust and gases (n), (o).
- Electricity, machinery and lighting, subject to the Electricity Act, 2003 (p) to (r).
- Explosions, ignitions and collapse (s).
- Notices of accidents and dangerous occurrences, and returns (t); plans and surveys (u); procedure after accidents (v).
- Notices under section 5 and before mining near a railway or public road (w), (x); protection when workings are discontinued and protective works before closure (y), (z).
- Fencing (za); officials and agents (zb) to (ze); duties of suppliers, designers, importers and contractors (zf).
- Safety management plans and codes of practice or standard operating procedures (zg), (zh).
- Opencast mines (zi) and extraction of methane from coal mines or seams (zj).
- Forms of returns to be filed by establishments or classes of establishments (zk).
Dock work (clauses (zl) to (zzk)). Safety of working places on shore and ship, approaches, lighting, ventilation, fire and explosion prevention, access to ships and holds, cargo-handling appliances, container terminals, fencing, staging, derricks, testing of loose gear, escape from holds, dangerous substances, noise and vibration, protective equipment, welfare, medical supervision, ambulance and rescue, training of dock workers, investigation of accidents and diseases, and statements of accidents, man-days lost and cargo handled.
Clause (zzl) covers "any other matter which is required to be or may be specified by regulation".
Regulations versus rules
Regulations under section 136 differ from rules in procedure. Section 138 allows the Central Government to make regulations without previous publication and without reference to the National Board if it is satisfied that it is necessary to prevent apprehended danger or provide speedy remedy (see sections 137 to 139). Section 141 lays regulations before Parliament.
The 2026 Central Rules, meanwhile, supersede the Mines Rules, 1955, the Mines Rescue Rules, 1985 and the Dock Workers (Safety, Health and Welfare) Rules, 1990, among others. Mines and dock topics therefore appear in both places: in the Central Rules, and in regulations if made under section 136. Read both when you operate a mine or dock.
Example. A factory in a State regulated by the State Government wants the limit of exposure to a chemical. Section 135(2)(s) puts that in State rules. A dock operator wants the testing rules for loose gear such as chains and slings. Section 136(zy) gives the Centre the power to fix it by regulation.
Need help finding the right rule set?
If you operate across States or across factory, mine and dock activities, our legal consultation team can identify whether State rules, Central Rules or Central regulations apply to each site.
Key takeaways
- State Governments make rules under section 135, after previous publication, on the matters in clauses (a) to (za).
- For factories, plantations and beedi premises under State jurisdiction, forms, fees and exposure limits are in State rules.
- The Central Government can, after consulting States, make uniform rules for factories (section 135(3)).
- Section 136 gives the Centre power to make regulations for mines and dock work, and section 138 lets it act without previous publication for urgent danger.
Read next
- Section 134: power of Central Government to make rules
- Sections 137-139: prior publication, regulations without publication and bye-laws for mines
- Sections 92-93: facilities and safety for plantation workers
- Mines Act: safety provisions and DGMS framework
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.