Sections 137-139 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 137 to 139 of the Occupational Safety, Health and Working Conditions Code, 2020 (the OSH Code) set the process behind rules, regulations and mine bye-laws. Section 137 requires a draft to be published for at least 45 days. Section 138 lets the Central Government make urgent regulations without that step. Section 139 is a detailed procedure for bye-laws that a mine employer frames for machinery or methods of working. Mine owners and managers can get help with the process from our legal consultation team.
Section 137: rules, regulations and bye-laws need previous publication: a draft published for general information with a date not less than 45 days away, then publication in the Official Gazette, after which they have effect as if enacted in the Code. Section 138: regulations under section 136 may be made without previous publication and without reference to the National Board if needed to prevent apprehended danger. Section 139: a mine employer frames draft bye-laws, the Inspector-cum-Facilitator can require or amend them, disputes go to a technical committee, and the Central Government approves after a 30-day objection window.
Sections 137 to 139 at a glance
| Section | Subject | Time limit or key condition |
|---|---|---|
| 137 | Prior publication of rules, regulations and bye-laws | Draft date not less than 45 days after publication; then Gazette publication; effect as if enacted in the Code |
| 138 | Regulations without previous publication | Only for regulations under section 136, where needed to prevent apprehended danger or give speedy remedy |
| 139(1) | Employer of a mine frames draft bye-laws | May, and must if called on by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator |
| 139(2) | Failure to submit or insufficient draft | Two months from the call; authority may propose its own draft or amendments |
| 139(3) | Disagreement | Two months from the date the draft or amendments are sent; refer to the technical committee under section 16(5) for mines |
| 139(4) to (6) | Approval | Central Government approval; notice and at least 30 days for objections; objections in writing |
| 139(7) | Display | Copy in English and other prescribed languages, pasted at or near the mine |
| 139(8) | Rescission | Central Government may rescind in whole or part |
Section 137: how rules, regulations and bye-laws are made
Section 137: "The power to make rules, regulations, and bye-laws under this Code shall be subject to the condition of the previous publication of the same." The manner is fixed:
- (a) the date specified after which the draft will be taken under consideration "shall not be less than forty-five days from the date on which the draft ... is published for general information";
- (b) the rule, regulation or bye-law "shall be published in the Official Gazette and on such publication, shall have effect as if enacted in this Code".
The Central Rules, 2026 followed this route: the draft came out as G.S.R. 934(E) on 30 December 2025, objections were invited for forty-five days, and the final rules were notified as G.S.R. 345(E) on 8 May 2026. Rules made under this procedure are also laid before Parliament under section 141, and State rules before the State Legislature under section 142 (see sections 140 to 142).
Section 138: urgent regulations
Notwithstanding section 137, regulations under section 136 "may be made without previous publication and without reference to the National Occupational Safety Health Advisory Board constituted under sub-section (1) of section 16, if the Central Government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger and to avoid delay it is necessary to dispense with from such publication and reference."
Note three points. It applies only to regulations under section 136 (mines and dock work), not to rules. Two steps are skipped: previous publication and reference to the National Board (see section 16). And a satisfaction of the Central Government about apprehended danger is required. The text sets no time limit for such regulations.
Section 139: bye-laws for mines
The bye-law process is specific to mines. Bye-laws govern "the use of any particular machinery or the adoption of a particular method of working in the mine" and are framed to "prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine". They must not be inconsistent with the Code or any rules, regulations or standards in force.
Step 1: draft. Under section 139(1), the employer of a mine may frame and submit a draft to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, and shall do so if called upon.
Step 2: if the employer fails or the draft is weak. Under section 139(2), if the employer fails to submit a draft within two months of being called upon, or submits one that the authority considers not sufficient, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator may propose a draft, or propose amendments, and send them to the employer for consideration.
Step 3: disagreement. Under section 139(3), if within two months from the date the draft or amendments were sent, the authority and the employer cannot agree, the authority shall refer the draft for settlement to the technical committee constituted under section 16(5) in respect of mines.
Step 4: Central Government approval. Under section 139(4), once the draft is agreed, or settled by the technical committee, a copy is sent to the Central Government for approval. The Central Government may modify it. Before approving, it must publish, in the manner it thinks most suitable for informing affected persons, a notice of the proposal, where copies of the draft can be obtained, and a time, not less than thirty days, for objections.
Step 5: objections. Under section 139(5), objections must be in writing and state (i) the specific grounds and (ii) the omissions, additions or modifications asked for. Section 139(6) requires the Central Government to consider objections made in time by or for persons appearing to be affected, and then approve the bye-laws as published or with amendments.
Step 6: display. Under section 139(7), the employer must paste up a copy of the bye-laws, in English and such other language or languages as the Central Government prescribes, in a conspicuous place at or near the mine, where persons employed can read them, and must paste them again if defaced, obliterated or destroyed. Clause (zl) of section 134(2) provides for rules on the language.
Step 7: rescission. Under section 139(8), the Central Government may, by written order, rescind any bye-law in whole or in part, and it then ceases to have effect.
Practical points for mine owners and managers
- Track the two clocks. Two months to submit after a call; two months to agree after the authority sends its draft.
- Prepare a real draft. An insufficient draft lets the inspector write the bye-laws for you.
- Use the technical committee when the dispute is technical; it decides for mines under section 16(5).
- Watch the notice. If you are a person affected by a proposed bye-law, the 30-day objection window under section 139(4) is your chance; objections must be in writing with grounds.
- Display correctly. Keep the bye-laws visible, in the required languages, and replace damaged copies.
Example. An inspector asks a mine employer for bye-laws on a new conveyor. The employer submits a draft in six weeks. The inspector finds it insufficient and sends amendments. After two months they still differ, so the draft goes to the technical committee. After settlement, the Central Government publishes a notice with a 30-day window, considers objections and approves. The employer then displays the bye-laws in English and the prescribed languages.
Need help with mine bye-laws or rule consultation?
If you run a mine and have received a call to frame bye-laws, or you want to file objections to a draft rule, our legal consultation team can help prepare the draft, track the time limits and draft the written objection.
Key takeaways
- Rules, regulations and bye-laws need previous publication of a draft for at least 45 days, then Gazette publication.
- Urgent regulations under section 136 can skip publication and National Board reference to prevent apprehended danger.
- A mine employer frames bye-laws, and must submit a draft within two months if called upon.
- Disagreement goes to the technical committee; the Central Government approves after a notice giving at least 30 days for objections.
- Bye-laws must be displayed at or near the mine in English and prescribed languages.
Read next
- Sections 135-136: State rules and Central regulations
- Sections 140-142: general safety rules and laying before legislatures
- Section 7: duties of owner, agent and manager of mine
- 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.