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Industrial Disputes Act, 1947 · Chapter VII: Miscellaneous

Section 40: Power to amend Schedules

The Industrial Disputes Act, 1947 was repealed and replaced by the Industrial Relations Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.

In plain words

The appropriate Government can add industries to the First Schedule, which lists industries that can be declared public utility services. The Central Government can amend the Second and Third Schedules, which list matters for Labour Courts and Tribunals.

  • Every such notification must be laid before the State Legislature or Parliament.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) The appropriate Government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed to be amended accordingly.

(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.

(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of the State, if the notification has been issued by a State Government, or before Parliament, if the notification has been issued by the Central Government.] _______________ [THE FIRST SCHEDULE [See section 2(n)(vi)] INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF 1. Transport (other than railways) for the carriage of passengers or goods, [by land or water]; 2. Banking. 3. Cement. 4. Coal. 5. Cotton textiles. 6. Food stuffs. 7. Iron and Steel. 8. Defence establishments. 9. Service in hospitals and dispensaries. 10. Fire Brigade Service.

[11. India Government Mints. 12. India Security Press. 13. Copper Mining. 14. Lead Mining. 15. Zinc Mining. 16. Iron Ore Mining. 17. Service in any oil-field.

*** 19. Service in the Uranium Industry. 20. Pyrites Mining. 21. Security Paper Mill, Hoshangabad. 22. Services in the Bank Note Press, Dewas. 23. Phosphorite Mining. 24. Magnesite Mining.] ____________

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 40