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© Taxmann Taxmann © Price :: `` 4495 795 Price Law by15th the Finance Law stated stated in in this this book book is is as as amended updated till August, Act, 20262026 Published by : Published by : Taxmann Publications Publications (P.) (P.) Ltd. Ltd. Taxmann Sales Sales & & Marketing Marketing :: 59/32, New New Rohtak Rohtak Road, Road, New New Delhi-110 Delhi-110 005 005 India India 59/32, Phone Phone :: +91-11-45562222 +91-11-45562222 Website :: www.taxmann.com www.taxmann.com Website E-mail :: sales@taxmann.com sales@taxmann.com E-mail Regd. Office Office :: Regd. 21/35, 21/35, West West Punjabi Punjabi Bagh, Bagh, New New Delhi-110 Delhi-110 026 026 India India Printed at at :: Printed Tan Tan Prints Prints (India) (India) Pvt. Pvt. Ltd. Ltd. 44 Km. Km. Mile Mile Stone, Stone, National National Highway, Highway, Rohtak Rohtak Road Road 44 Village Village Rohad, Rohad, Distt. Distt. Jhajjar Jhajjar (Haryana) (Haryana) India India E-mail :: sales@tanprints.com sales@tanprints.com E-mail Disclaimer Disclaimer Every effort effort has has been been made made to to avoid avoid errors errors or or omissions omissions in in this this publication. publication. In In spite spite Every of of this, this, errors errors may may creep creep in. in. Any Any mistake, mistake, error error or or discrepancy discrepancy noted noted may may be be brought brought to to our our notice notice which which shall shall be be taken taken care care of of in in the the next next edition. edition. It It is is notified notified that that neither the the publisher publisher nor nor the the author author or or seller seller will will be be responsible responsible for for any any damage damage or or neither loss of of action action to to any any one, one, of of any any kind, kind, in in any any manner, manner, therefrom. therefrom. It It is is suggested suggested that that loss to to avoid avoid any any doubt doubt the the reader reader should should cross-check cross-check all all the the facts, facts, law law and and contents contents of of the the publication publication with with original original Government Government publication publication or or notifications. notifications. No No part part of of this this book book may may be be reproduced reproduced or or copied copied in in any any form form or or by by any any means means [graphic, electronic electronic or or mechanical, mechanical, including including photocopying, photocopying, recording, recording, taping, taping, or or [graphic, information retrieval retrieval systems] systems] or or reproduced reproduced on on any any disc, disc, tape, tape, perforated perforated media media information or or other other information information storage storage device, device, etc., etc., without without the the written written permission permission of of the the publishers. publishers. Breach Breach of of this this condition condition is is liable liable for for legal legal action. action. For For binding binding mistake, mistake, misprints misprints or or for for missing missing pages, pages, etc., etc., the the publisher’s publisher’s liability liability is limited limited to to replacement replacement within within seven seven days days of of purchase purchase by by similar similar edition. edition. All All is expenses in in this this connection connection are are to to be be borne borne by by the the purchaser. purchaser. expenses All disputes disputes are are subject subject to to Delhi Delhi jurisdiction jurisdiction only. only. All
CONTENTS PAGE Foreword
I-5
About the Author
I-11
Preface
I-13
Table showing sections of Occupational Safety, Health and
Working Conditions Code, 2020 and corresponding provisions of repealed laws
I-25
Table showing sections of Beedi and Cigar Workers (Conditions
of Employment) Act, 1966 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-56
Table showing sections of Building and Other Construc-
tion Workers (Regulation of Employment and Conditions of Service) Act, 1996 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020 showing sections of Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-60
Table
showing sections of Contract Labour (Regulation and Abolition) Act, 1970 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-65
Table
I-68
Table showing sections of Dock Workers (Safety, Health
and Welfare) Act, 1986 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-71
Table showing sections of Factories Act, 1948 & correspond-
ing provisions of Occupational Safety, Health and Working Conditions Code, 2020 I-15
I-74
CONTENTS SECTION
I-16 PAGE
Table showing sections of Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-84
Table showing sections of Mines Act, 1952 & corresponding
provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-88
Table showing sections of Motor Transport Workers Act, 1961
& corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-96
Table showing sections of Plantations Labour Act, 1951 &
corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-100
Table showing sections of Sales Promotion Employees (Con-
ditions of Service) Act, 1976 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020 showing sections of Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-105
Table
I-107
Table showing sections of Working Journalists (Fixation of
Rates of Wages) Act, 1958 & corresponding provisions of Occupational Safety, Health and Working Conditions Code, 2020
I-111
List showing Acts repealed by Occupational Safety, Health
and Working Conditions Code, 2020 List of cases
I-113 I-115
OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 CHAPTER I PRELIMINARY 1.
Short title, commencement and application
1
2.
Definitions
11
I-17
CONTENTS
SECTION
PAGE
CHAPTER II REGISTRATION 3.
Registration of certain establishments
250
4.
Appeal
276
5.
Notice by employer of commencement and cessation of operation
283
CHAPTER III DUTIES OF EMPLOYER AND EMPLOYEES, ETC. 6.
Duties of employer
292
7.
Duties and responsibilities of owner, agent and manager in relation to mine
307
8.
Duties of designers, manufacturers, importers or suppliers
314
9.
Duties of architect, project engineer and designer
329
10.
Notice of certain accident
333
11.
Notice of certain dangerous occurrences
344
12.
Notice of certain diseases
349
13.
Duties of employee
357
14.
Rights of employee
365
15.
Duty not to interfere with or misuse things
371
CHAPTER IV OCCUPATIONAL SAFETY AND HEALTH 16.
National Occupational Safety and Health Advisory Board
376
17.
State Occupational Safety and Health Advisory Board
389
18.
Occupational Safety and Health Standards
392
19.
Research related activities
400
20.
Safety and occupational health surveys
402
21.
Collection of statistics and portal for inter-State migrant workers
410
Safety Committee and safety officers
413
22.
CONTENTS SECTION
I-18 PAGE
CHAPTER V HEALTH, SAFETY AND WORKING CONDITIONS 23.
Responsibility of employer for maintaining health, safety and working conditions
434
CHAPTER VI WELFARE PROVISIONS 24.
Welfare facilities in the establishment, etc.
450
CHAPTER VII HOURS OF WORK AND ANNUAL LEAVE WITH WAGES 25.
Daily and weekly working hours, leave, etc.
476
26.
Weekly and compensatory holidays
511
27.
Extra wages for overtime
521
28.
Night shifts
533
29.
Prohibition of overlapping shifts
536
30.
Restriction on double employment in factory and mine
540
31.
Notice of periods of work
542
32.
Annual leave with wages, etc.
551
CHAPTER VIII MAINTENANCE OF REGISTERS, RECORDS AND RETURNS 33.
Maintenance of registers, records and filing of returns
579
CHAPTER IX INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY 34.
Appointment of Inspector-cum-Facilitators
594
35.
Powers of Inspector-cum-Facilitators
619
36.
Powers and duties of District Magistrate
648
37.
Third party audit and certification
653
38.
Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work
656
I-19
CONTENTS
SECTION
PAGE
Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
687
40.
Facilities to be afforded to Inspector-cum-Facilitator
694
41.
Powers of special officer to enter, measure, etc., in relation to mine
697
Medical officer
700
39.
42.
CHAPTER X SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN 43.
Employment of women
709
44.
Adequate safety of employment of women in dangerous operation
714
CHAPTER XI SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANT WORKER, ETC. PART I CONTRACT LABOUR 45.
Applicability of this Part
720
46.
Appointment of designated authority
725
47.
Licensing of contractors
728
48.
Procedure for issue or renewal of licence
739
49.
No fees or commission or any cost to workers
749
50.
Information regarding work order to be given to the appropriate Government
750
51.
Revocation, suspension and amendment of licence
753
52.
Appeal
760
53.
Liability of principal employer for welfare facilities
764
54.
Effect of employing contract labour from a non-licenced contractor
768
55.
Responsibility for payment of wages
770
56.
Experience certificate
778
CONTENTS SECTION
I-20 PAGE
57.
Prohibition of employment of contract labour
780
58.
Power to exempt in special cases
787
PART II INTER-STATE MIGRANT WORKERS 59.
Applicability of Part II
790
60.
Facilities to inter-State migrant workers
793
61.
Journey allowance
798
62.
Benefits of public distribution system, etc.
801
63.
Toll free helpline
802
64.
Study of inter-State migrant workers
804
65.
Past liabilities
805 PART III AUDIO-VISUAL WORKERS
66.
Prohibition of employment of audio-visual worker without agreement
808
PART IV MINES 67.
Managers
819
68.
Code not to apply in certain cases
826
69.
Exemption from provision regarding employment
834
70.
Employment of persons below eighteen years of age
839
71.
Exemption to certain persons
853
72.
Establishment, maintenance of rescue services and vocational training
857
Decision of question whether a mine is covered under this Code
898
73.
PART V BEEDI AND CIGAR WORKERS 74.
Licence to industrial premises and person
901
75.
Appeals
913
I-21
CONTENTS
SECTION
76. 77.
PAGE
Permission to work by employees outside industrial premises
917
Part not to apply to self-employed persons in private dwelling houses
921
PART VI BUILDING OR OTHER CONSTRUCTION WORKERS 78.
Prohibition of employment of certain persons in certain building or other construction work
924
PART VII FACTORIES 79.
Approval and licensing of factories
926
80.
Liability of owner of premises in certain circumstances
933
81.
Power to apply Code to certain premises
938
82.
Dangerous operations
942
83.
Constitution of site appraisal committee
946
84.
Compulsory disclosure of information by occupier
951
85.
Specific responsibility of the occupier in relation to hazardous processes
960
86.
National Board to inquire into certain situations
965
87.
Emergency standards
968
88.
Permissible limits of exposure of chemicals and toxic substances
972
89.
Right of workers to warn about imminent danger
974
90.
Appeal against the order of Inspector-cum-Facilitator in case of factory
978
Power to make rules to exempt
981
91.
PART VIII PLANTATION 92. 93.
Facilities for workers in plantation Safety
989 997
CONTENTS SECTION
I-22 PAGE
CHAPTER XII OFFENCES AND PENALTIES 94.
General penalty for offences
1006
95.
Punishment for causing obstruction to Chief Inspectorcum-Facilitator or Inspector-cum-Facilitator, etc.
1024
Penalty for non-maintenance of register, records and non-filing of returns, etc.
1036
97.
Punishment for contravention of certain provisions
1039
98.
Punishment for falsification of records, etc.
1043
99.
Penalty for omission to furnish plans, etc.
1048
100.
Punishment for disclosure of information
1050
101.
Punishment for wrongfully disclosing results of analysis
1053
102.
Punishment for contravention of provisions of duties relating to hazardous processes
1055
Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident
1062
Special provision for contravention of order under section 38
1067
105.
Failure to appoint manager in mine
1070
106.
Offences by employees
1072
107.
Prosecution of owner, agent or manager of mine
1075
108.
Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases
1079
109.
Offences by companies, etc.
1088
110.
Limitation of prosecution and cognizance of offences
1101
111.
Power of officers of appropriate Government to impose penalty in certain cases
1119
Jurisdiction of court for entertaining proceedings, etc., for offence
1124
113.
Power of court to make orders
1128
114.
Composition of certain offences
1134
96.
103. 104.
112.
I-23
CONTENTS
SECTION
PAGE
CHAPTER XIII SOCIAL SECURITY FUND 115.
Social Security Fund
1142
CHAPTER XIV MISCELLANEOUS 116.
Delegation of powers
1146
117.
Onus as to age
1156
118.
Onus of proving limits of what is practicable, etc.
1160
119.
Common licence for contractor, factories and to industrial premises, etc.
1163
120.
Effect of law and agreements inconsistent with Code
1174
121.
Power of appropriate Government to direct inquiry in certain cases
1184
122.
Publication of reports
1199
123.
Powers of Central Government to give directions
1201
124.
General restriction on disclosure of information
1204
125.
Jurisdiction of civil courts barred
1207
126.
Protection of action taken in good faith
1210
127.
Power to exempt in special cases
1218
128.
Power to exempt during public emergency
1228
129.
Power to exempt public institution
1231
130.
Persons required to give notice, etc., legally bound to do so
1234
131.
Power of Central Government to amend Schedule
1236
132.
Power to remove difficulties
1237
133.
Power of appropriate Government to make rules
1243
134.
Power of Central Government to make rules
1275
135.
Power of State Government to make rules
1289
136.
Power of Central Government to make regulations in relation to mines and dock work
1301
137.
Prior publication of rules, etc.
1322
138.
Power to make regulation without previous publication
1325
CONTENTS SECTION
I-24 PAGE
139.
Bye-laws
1327
140.
Powers to regulate general safety and health
1337
141.
Laying of regulations, rules, bye-laws, etc., before Parliament
1343
142.
Laying of rules made by State Government
1346
143.
Repeal and savings
1347
FIRST SCHEDULE
1363
SECOND SCHEDULE
1366
THIRD SCHEDULE
1370
APPENDICES Appendix 1 : Occupational Safety, Health and Working Conditions (Central) Rules, 2026
1375
Appendix 2 : Provisions of Other Acts Referred to in Occupational Safety, Health and Working Conditions Code, 2020
1553
Appendix 3 : Notifications
1569
Subject Index
i
S. 3
OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE, 2020
250
CHAPTER II REGISTRATION Registration of certain establishments. 17
3. (1) Every employer of any establishment,— (a) which comes into existence after the commencement of this Code; and (b) to which this Code shall apply,
shall, within sixty days from the date of such applicability of this Code, make an application electronically to the registering officer appointed by the appropriate Government (hereinafter referred to as the registering officer) for the registration of such establishment: Provided that the registering officer may entertain any such application for registration after the expiry of such period on payment of such late fees as may be prescribed by the appropriate Government. (2) Every application under sub-section (1) shall be submitted to the registering officer in such manner, in such form, containing such particulars including the information relating to the employment of inter-State migrant workers and shall be accompanied by such fees as may be prescribed by the appropriate Government. (3) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration electronically to the employer thereof in such form and within such time and subject to such conditions as may be prescribed by the Central Government: Provided that if the registering officer fails to register an establishment under the application so made or to entertain the application within the prescribed period, then, such establishment shall be deemed to have been registered under this Code immediately on the expiration of such period and the electronic certificate of registration shall be auto generated and the responsibility of such failure shall be on the registering officer. (4) Any change in the ownership or management or in any particulars referred to in sub-section (2) which occurs after the registration of an establishment under this Code, shall be intimated by the employer electronically to the registering officer within thirty days of such change in such form as may be prescribed by the Central Government and 17. Enforced with effect from 21-11-2025.
251
CH. II : REGISTRATION
S. 3
thereafter the registering officer shall make amendment in the certificate of registration electronically in such manner as may be prescribed by the Central Government. (5) The employer of an establishment shall, within thirty days of the closing of the establishment— (a) inform the closing of such establishment; and (b) certify payment of all dues to the workers employed in such establishment, to the registering officer in such manner as may be prescribed by the Central Government and the registering officer shall, on receiving such information and certificate remove such establishment from the register of establishments maintained by him and cancel the registration certificate of the establishment within sixty days from the receipt of such information : Provided that if the registering officer fails to cancel the registration certification of the establishment under this sub-section within such sixty days, then, the registration certificate of such establishment shall be deemed to have been cancelled under this Code immediately on the expiration of such period of sixty days and the cancellation of registration certificate shall be auto generated and the responsibility of such failure shall be on the registering officer. (6) If an employer of an establishment— (a) has obtained the registration of his establishment by misrepresentation or suppression of any material fact, or (b) has obtained the registration of his establishment so fraudulently or otherwise that the registration has become useless or ineffective to run the establishment, then, in case of clause (a) such misrepresentation or suppression of any material fact shall be deemed to be the contravention of the provisions of this Code for prosecution of the employer under section 94 without affecting the registration and running of the establishment and in case of clause (b) the registering officer may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration by an order and such process for revocation shall be completed by the registering officer within sixty days from coming into his notice the facts specified in clause (b). (7) No employer of an establishment who— (a) has not registered the establishment under this section; or
S. 3
OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE, 2020
252
(b) has not preferred appeal under section 4 against the cancellation of the registration certificate of the establishment under sub-section (5) or revocation of the registration of the establishment under sub-section (6) or the appeal so preferred has been dismissed, shall employ any employee in the establishment. (8) Notwithstanding anything contained in this Code, where any establishment, to which this Code applies, has already been registered under any— (a) Central Labour law; or (b) any other law which may be notified by the Central Government and which applies to the establishment which is in existence at the time of the commencement of this Code, shall be deemed to have been registered under the provisions of this Code, subject to the condition that the registration holder provides the details of registration to the concerned registering officer within such time and in such form as may be prescribed. RELEVANT RULE: RULE 3 OF THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS (CENTRAL) RULES, 2026 Application for registration 3. (1) An employer seeking registration for an establishment shall apply electronically in Form I containing the particulars of the establishment, accompanied by documents relating to registration of the establishment, proof of identity and address on the Shram Suvidha Portal or Portal as may be designated by the Central Government by giving details about the establishment. (2) Where an application under sub-rule (1) is complete in all respects, the certificate of registration shall be issued in Form III electronically forthwith, but in any case not later than seven days from the date of submission of complete application: Provided that if the certificate of registration is not issued within the period specified, the establishment shall be deemed to have been registered and the certificate of registration shall be auto-generated in Form III. (3) The late fee for registration after expiry of sixty days from the date of notification of these rules, shall be specified through general or special order by the Central Government issued from time to time. (4) The certificate of registration shall be non-transferable and shall be displayed at conspicuous places within the premises of the establishment.
253
CH. II : REGISTRATION
S. 3
(5) Where an employer fails to comply with the requirements of sub-rule (1), the Registering Officer under the Code may, by order, direct such employer to comply with such requirements within the time specified in such order. (6) An employer of an establishment already registered under any other Central labour laws for the time being in force shall within six months from the date on which rules come into force, update the registration particulars in Form I: Provided that no such cancellation shall be made unless the establishment has been given an opportunity to show cause, within a period of thirty days, either electronically or by speed post, as to why the certificate of registration should not be cancelled. (7) The employer shall quote the registration number on all documents prepared or completed by the employer in connection with the rules or the schemes, made thereunder and in all correspondence with the office concerned. (8) Any change in the particulars furnished in Form I shall be updated on the portal by the employer within thirty days of such change and where the application for amendment is complete in all respects, the amended certificate of registration shall be issued electronically in Form III not later than seven days from the date of submission of complete application,failing which amended certificate of registration shall be auto generated. (9) The registering officer shall maintain in Form V showing the particulars of establishment in relation to which certificates of registration have been issued. (10) The employer shall within thirty days of the closing of the establishment other than mines, intimate to the Registering Officer and also to Inspector-cum-Facilitator having jurisdiction in the area where the establishment is situated intimating the actual date of closing of establishment in Form II along with certificate of payment of all dues and statutory returns to the workers employed in such establishments and such information shall be auto-shared to Employees’ Provident Fund Organisation and Employees’ State Insurance Corporation. (11) On receipt of Form II complete in all respects, the registering officer shall cancel the certificate of registration and issue cancellation of certificate of registration in Form IV electronically within sixty days from the receipt of Form II. If registering officer fails to cancel the registration certificate of the establishment within sixty days then the cancellation of registration certificate shall be auto generated in Form IV.
S. 3
OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE, 2020
254
OVERVIEW OF SECTION 3 COMPARATIVE STUDY OF PROVISIONS OF OCCUPATIONAL
SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 & OLD LABOUR LAWS SECTION NOTES COMMENTS
Prelude to section 3 of the Occupational Safety, Health and Working Conditions Code, 2020 (see Para 3.1)
Analysis of section (see Para 3.2)
Registration of Establishment (see Para 3.3)
Procedure prescribed under Rule 3 of Occupational Safety, Health & Working Conditions (Central) Rules, 2026 (see Para 3.4)
Time limit for registration (see Para 3.5)
Late fee for registration (see Para 3.6)
Deemed registration of establishment (see Para 3.7)
Amendment in registration (see Para 3.8)
Information of closing of establishment (see Para 3.9)
Deemed cancellation of registration (see Para 3.10)
Revocation of Registration (see Para 3.11)
Consequences of Non-Registration (see Para 3.12)
Establishment already registered (see Para 3.13)
Registering Officer (see Para 3.14)
Effect of registration under Contract Labour (Regulation & Abolition) Act, 1970 (see Para 3.15)
COMPARATIVE STUDY OF PROVISIONS OF OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 & OLD LABOUR LAWS Corresponding provisions
Section 3 of Occupational Safety, Health and Working Conditions Code, 2020 corresponding to sections 7, 8, 9 of Contract Labour (Regulation & Abolition) Act, 1970/section 3B of Plantations Labour Act, 1951/ section 3 of Motor Transport Workers Act, 1961/sections 3 to 6 of InterState Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979/section 6 of Factories Act, 1948/sections 7, 8 & 10 of Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996.
255
CH. II : REGISTRATION
S. 3
Comparative Study of provisions of Occupational Safety, Health and Working Conditions Code, 2020 & Old Labour Laws
Section 3 of Occupational Safety, Health and Working Conditions Code, 2020 Registration of certain establishments.
Sections 7, 8, 9 of Contract Labour (Regulation and Abolition) Act, 1970 Registration of certain establishments.
3. (1) Every employer of any establish- 7. (1) Every principal employer of an establishment to which this Act applies ment,— (a) which comes into existence after the shall, within such period as the appropriate Government may, by notification commencement of this Code; and in the Official Gazette, fix in this behalf (b) to which this Code shall apply, with respect to establishments generally shall, within sixty days from the date of or with respect to any class of them, make such applicability of this Code, make an an application to the registering officer in application electronically to the registering the prescribed manner for registration of officer appointed by the appropriate the establishment: Government (hereinafter referred to as the Provided that the registering officer may registering officer) for the registration of entertain any such application for regsuch establishment: istration after expiry of the period fixed Provided that the registering officer in this behalf if the registering officer is may entertain any such application for satisfied that the applicant was prevented registration after the expiry of such by sufficient cause from making the appliperiod on payment of such late fees as cation in time. may be prescribed by the appropriate (2) If the application for registration is Government. complete in all respects, the registering (2) Every application under sub-section (1) officer shall register the establishment shall be submitted to the registering officer and issue to the principal employer of the in such manner, in such form, containing establishment a certificate of registration such particulars including the information containing such particulars as may be relating to the employment of inter-State prescribed. migrant workers and shall be accompanied Revocation of registration in certain cases. by such fees as may be prescribed by the 8. If the registering officer is satisfied, appropriate Government. either on a reference made to him in this (3) After the receipt of an application under behalf or otherwise, that the registration sub-section (1), the registering officer of any establishment has been obtained shall register the establishment and issue by mis-representation or suppression of a certificate of registration electronically any material fact, or that for any other to the employer thereof in such form and reason the registration has become useless within such time and subject to such or ineffective and, there fore requires to conditions as may be prescribed by the be revoked, the registering officer may, Central Government: after giving an opportunity to the princiProvided that if the registering officer pal employer of the establishment to be fails to register an establishment under heard and with the previous approval of the application so made or to entertain the the appropriate Government, revoke the application within the prescribed period, registration. then, such establishment shall be deemed Effect of non-registration. to have been registered under this Code 9. No principal employer of an establishimmediately on the expiration of such ment, to which this Act applies, shall—
S. 3
OCCUPATIONAL SAFETY, HEALTH & WORKING CONDITIONS CODE, 2020
256
Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
Sections 7, 8, 9 of Contract Labour (Regulation and Abolition) Act, 1970
period and the electronic certificate of registration shall be auto-generated and the responsibility of such failure shall be on the registering officer.
(a) in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section,
(4) Any change in the ownership or (b) in the case of an establishment the management or in any particulars referred registration in respect of which has to in sub-section (2) which occurs after the been revoked under section 8, employ registration of an establishment under this contract labour in the establishment Code, shall be intimated by the employer after the expiry of the period referred electronically to the registering officer to in clause (a) or after the revocation within thirty days of such change in such of registration referred to in clause form as may be prescribed by the Central (b), as the case may be. Government and thereafter the registering officer shall make amendment in the Section 3B of Plantations Labour Act, 1951 certificate of registration electronically in such manner as may be prescribed by the Registration of plantations. Central Government. 3B. (1) Every employer of a plantation, (5) The employer of an establishment existing at the commencement of the shall, within thirty days of the closing of Plantation Labour (Amendment) Act, 1981 (58 of 1981) shall, within a period of sixty the establishment— days of such commencement, and every (a) inform the closing of such establish- employer of any other plantation coming ment; and into existence after such commencement (b) certify payment of all dues to the shall, within a period of sixty days of the workers employed in such establish- coming into existence of such plantation, ment, make an application to the registering to the registering officer in such manner officer for the registration of such as may be prescribed by the Central plantation: Government and the registering officer shall, on receiving such information and certificate remove such establishment from the register of establishments maintained by him and cancel the registration certificate of the establishment within sixty days from the receipt of such information : Provided that if the registering officer fails to cancel the registration certification of the establishment under this sub-section within such sixty days, then, the registration certificate of such establishment shall be deemed to have been cancelled under this Code immediately on the expiration of such period of sixty days and the cancellation of registration certificate shall be auto generated and the responsibility of such failure shall be on the registering officer.
Provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application made under subsection (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the plantation. (4) Where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as may be prescribed.
257
CH. II : REGISTRATION
Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
S. 3
Section 3B of Plantations Labour Act, 1951
(5) Where, after the registration of a plantation under this section, any change occurs in the ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change (b) has obtained the registration of his shall be intimated by the employer to the establishment so fraudulently or registering officer within thirty days of such otherwise that the registration has change in such form as may be prescribed. become useless or ineffective to run (6) Where as a result of any intimation the establishment, received under sub-section (5), the then, in case of clause (a) such misrepresen- registering officer is satisfied that the tation or suppression of any material fact plantation is no longer required to be shall be deemed to be the contravention of registered under this section, he shall, by the provisions of this Code for prosecution order in writing, cancel the registration of the employer under section 94 without thereof and shall, as soon as practicable, affecting the registration and running of cause such order to be published in any the establishment and in case of clause one newspaper in the language of, and (b) the registering officer may, after giving having circulation in, the area where the an opportunity to the employer of the plantation is situated. establishment to be heard, revoke the Section 3 of Motor Transport registration by an order and such process Workers Act, 1961 for revocation shall be completed by the registering officer within sixty days from Registration of motor transport undercoming into his notice the facts specified taking. in clause (b). 3. (1) Every employer of a motor transport (7) No employer of an establishment who— undertaking to which this Act applies shall (a) has not registered the establishment have the undertaking registered under this Act. under this section; or (6) If an employer of an establishment—
(a) has obtained the registration of his establishment by misrepresentation or suppression of any material fact, or
(b) has not preferred appeal under section 4 against the cancellation of the registration certificate of the establishment under sub-section (5) or revocation of the registration of the establishment under sub-section (6) or the appeal so preferred has been dismissed, shall employ any employee in the establishment.
(2) An application for the registration of a motor transport undertaking shall be made by the employer to the prescribed authority in such form and within such time as may be prescribed.
(3) Where a motor transport undertaking is registered under this Act, there shall be issued to the employer a certificate of registration containing such particulars as (8) Notwithstanding anything contained may be prescribed. in this Code, where any establishment, to Section 3 to 6 of Inter-State Migrant which this Code applies, has already been Workmen (Regulation of Employment & registered under any— Conditions of Service) Act, 1979 (a) Central Labour law; or Appointment of registering officers. (b) any other law which may be notified 3. The appropriate Government may, by by the Central Government and order notified in the Official Gazette,—
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Section 3 of Occupational Safety, Health and Working Conditions Code, 2020 which applies to the establishment which is in existence at the time of the commencement of this Code,
258
Section 3 to 6 of Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 (a) appoint such persons, being officers of Government, as it thinks fit to be registering officers for the purposes of this Chapter; and
shall be deemed to have been registered under the provisions of this Code, subject (b) define the limits, within which a to the condition that the registration registering officer shall exercise the holder provides the details of registration powers conferred on him by or under to the concerned registering officer this Act. within such time and in such form as may Registration of certain establishments. be prescribed. 4. (1) Every principal employer of an establishment to which this Act applies shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment: Provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. (2) Within one month after the receipt of an application for registration under subsection (1), the registering officer shall,— (a) if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form; and (b) if the application is not so complete, return the application to the principal employer of the establishment. (3) Where within a period of one month after the receipt of an application for registration of an establishment under
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Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
S. 3
Section 3 to 6 of Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 sub-section (1), the registering officer does not grant under clause (a) of sub-section (2) the certificate of registration applied for and does not return the application under clause (b) of that sub-section, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form. Revocation of registration in certain cases. 5. If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate Government, revoke by order in writing the registration and communicate the order to the principal employer: Provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the principal employer and such order shall take effect on the date on which such service is effected. Prohibition against employment of interState migrant workmen without registration. 6. No principal employer of an establishment to which this Act applies shall employ inter-State migrant workmen in the establishment unless a certificate of
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Section 3 to 6 of Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 registration in respect of such establishment issued under this Act is in force: Provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under sub-section (1) of section 4 is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of sub-section (3) of section 4 apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that sub-section. Section 6 of Factories Act, 1948 Approval, licensing and registration of factories. 6. (1) The State Government may make rules— (a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government; (aa) requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and
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Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
S. 3
Section 6 of Factories Act, 1948
prescribing the fees payable for such registration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given. (2) If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. (3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case. Explanation.— A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health.
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Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
262
Sections 7, 8 & 10 of Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 Registration of establishments. 7. (1) Every employer shall,— (a) in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and (b) in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment: Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed. (4) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.
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Section 3 of Occupational Safety, Health and Working Conditions Code, 2020
S. 3
Sections 7, 8 & 10 of Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. Revocation of registration in certain cases. 8. If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this Act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration. Effect of non-registration. 10. No employer of an establishment to which this Act applies, shall— (a) in the case of an establishment required to be registered under section 7, but which has not been registered under that section; (b) in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause (a) or clause (b) of sub-section (1) of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.
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SECTION NOTES Provisions in Brief
Section 3 relates to the compulsory registration of ‘establishments’ and specifies the procedure for such registration.
Section 3 provides for the concept of “one registration” for all establishments having ten or more employees.
Unregistered establishment barred from employing any employee
No employer of an establishment shall employ any employee in the establishment in the following cases — z
employer has not registered the establishment under this section; or
z
employer has not preferred appeal against:
the cancellation of the registration certificate, or
revocation of the registration, or
or the appeal so preferred has been dismissed.
Establishments deemed to be registered under this Code
An establishment to which this Code applies shall be deemed to have been registered under the provisions of this Code if it has already been registered under any— (a) Central Labour law; or (b) any other law which may be notified by the Central Government and which applies to the establishment which is in existence at the time of the commencement of this Code.
The deemed registration as above shall be subject to the condition that the registration holder provides the details of registration to the concerned registering officer within such time and in such form as may be prescribed.
Mandatory registration of every ‘establishment’ which comes into existence
after the commencement of this Code
Obligation of mandatory registration is cast upon any establishment,— z
which comes into existence after the commencement of this Code; and
z
to which this Code shall apply.
Compulsory to apply electronically for registration
Every employer of any establishment as above shall make an application electronically to the registering officer appointed by the appropriate
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S. 3
Government (hereinafter referred to as the registering officer) for the registration of such establishment. Time-limit for making application
Application shall be made as above within sixty days from the date of such applicability of this Code.
Late fees for belated application
The registering officer may entertain any such application for registration after the expiry of such period on payment of such late fees as may be prescribed by the appropriate Government.
Form, manner and fees for application for registration
Every application shall be submitted to the registering officer in such manner, in such form, containing such particulars including the information relating to the employment of inter-State migrant workers as may be prescribed by the appropriate Government.
Application shall be accompanied by such fees as may be prescribed by the appropriate Government.
Registration and issue of registration certificate by the registering officer
After the receipt of an application, the registering officer shall register the establishment and issue a certificate of registration electronically to the employer thereof.
Certificate of registration be issued in such form and within such time and subject to such conditions as may be prescribed by the Central Government.
Deemed registration and auto generation of electronic RC if decision on
registration not made within prescribed time
If the registering officer fails to register an establishment under the application so made or to entertain the application within the prescribed period, then. z
such establishment shall be deemed to have been registered under this Code immediately on the expiration of such period, and
z
the electronic certificate of registration shall be auto generated, and
z
the responsibility of such failure shall be on the registering officer.
Change in the ownership or management or in any particulars which
occurs after the registration is to be intimated electronically within 30 days by the employer
Any change in the ownership or management or in any particulars which occurs after the registration of an establishment under this Code, shall be intimated by the employer electronically to the registering officer.
LAW & PRACTICE RELATING TO OCCUPATIONAL SAFETY HEALTH AND WORKING CONDITIONS CODE AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :
Sunil Kumar Tripathi Taxmann September 2026 2026 Edition 9789375610014 1840 Hardbound
Rs. 4,495 DESCRIPTION Law & Practice Relating to Occupational Safety Health and Working Conditions Code is a section-wise commentary. The book is built on a comparative method applied provision by provision. For virtually every section, and for every defined expression in the definition clause, the author sets the new provision beside the corresponding provisions of the thirteen repealed enactments in parallel columns, so the reader can see what has been carried over, altered or dropped. That apparatus recurs 211 times. On it, the commentary builds 1,041 numbered analytical paragraphs, each addressing a discrete question, supported by close to 350 judicial decisions and by the Occupational Safety, Health and Working Conditions (Central) Rules 2026, reproduced in the section each rule serves. The author's purpose is not to restate the Code but to identify the grey areas that require clarity for those who must take decisions under it. The book accordingly shows where settled authority under the Factories Act, the Mines Act and the Contract Labour Act continues to govern, where the new language has moved far enough to unsettle it, and where the Code has introduced something with no judicial history at all. This book is intended for the following audience: • HR and IR Managers, Personnel Heads and Compliance Officers • Advocates, Legal Practitioners and Senior Counsel • Judicial Officers, Presiding Officers of Labour Courts and Industrial Tribunals, and Administrative Members • Occupiers, Owners, Agents and Managers of Factories and Mines, and Principal Employers and Contractors • Safety Officers, EHS Professionals, Factory Managers, Mine Managers and Safety Committee Members • Inspector-cum-Facilitators, Registering Officers, Licensing Authorities, Designated Authorities and Appellate Authorities • Trade Union Leaders and Worker Representatives • Labour Law Consultants, Company Secretaries, Chartered Accountants and Corporate Legal Departments • Public Sector Undertakings, Multinational Corporations and Private Enterprises • Academicians, Research Scholars and Students The Present Publication is the 1st Edition, updated till 15th August 2026. It is authored by Sunil Kumar Tripathi, with the following noteworthy features: • [The Comparative Method Approach] The author does not present the Code in isolation. For each provision he lists, by section number and Act, he then sets the corresponding provision of the repealed statutes in parallel columns. Where a column is empty, the departure is visible without argument. This makes the volume usable for matters still governed by the old Acts as well as for fresh compliance • [Numbered Analytical Paragraphs] The commentary is not a paraphrase of the statute but 1,041 separately numbered analytical heads, each taking one discrete question. The author supplies a 'Prelude' to 142 of the 143 sections and a clause-by-clause 'Analysis of section' to 137 of them before working through the topical heads • [The Central Rules 2026 Reproduced at the Section They Serve] Where a section is worked out through subordinate legislation, a dedicated 'Relevant Rule(s)' block follows the statutory text, reproducing the applicable rules verbatim before any analysis. The Rules are cited 165 times, with 270 references reaching 143 of the 186 rules, so the obligation and its mode of discharge are always on the same opening • [A Working Summary Before Every Analysis] Each section carries a 'Section Notes' block condensing the provision into bulleted propositions under bold sub-headings, often opening with 'Provisions in Brief'. The reader who needs only the operative rule can stop there; the layer doubles as a revision aid • [Written by a Senior Advocate with Fifty Years at the Bar] The treatment reflects trial, appellate and High Court practice in factories, mines, working journalists, medical representatives and contract labour matters, and anticipates the questions that arise in inspection, registration, licensing, prosecution and adjudication • [Close to 350 Judicial Decisions, with a Fourteen-Page Table] The author builds on Bangalore Water Supply & Sewerage Board v. A. Rajappa, the Constitution Bench in SAIL v. National Union Waterfront Workers, Balwant Rai Saluja v. Air India Ltd. and the Constitution Bench in Municipal Corporation of Delhi v. Birla Cotton Spinning and Weaving Mills. A List of Cases keyed to paragraph numbers, not page numbers, precedes the commentary • [Grey Areas Named Rather Than Smoothed Over] The book flags, for example, that Part I of Chapter XI is silent on whether the fifty-worker licensing threshold reaches a contractor awarded a work contract as distinct from a manpower supply contract, and records that the Industrial Disputes Act and the Standing Orders Act stand un-repealed. Where the Code leaves a question open, the book says so • [Amended & Updated] The commentary engages with the latest litigation on the labour codes, including Tech Mahindra Ltd. v. Union of India [2026 LLR 128 (Bom. HC)], United Labour of Federation v. Union of India [2026 LLR 135 (Mad. HC)], N.A. Sebastian v. Union of India [2026 LLR 256 (Del. HC)] and Glastronix LLP v. Glastronix Karmika Sangha [2026 LLR 390 (Karn. HC)] • [Aligned to the New Criminal Codes] Where the Code operates against the general criminal law, the author states the position under the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023 and the Bharatiya Sakshya Adhiniyam 2023, so cognizance, limitation, compounding, procedure and evidence are current • [Constitutional Doctrine Brought to the Rule-Making Powers] Chapter XIV receives 139 analytical heads across 217 pages, applying the settled doctrine on excessive delegation, delegatus non potest delegare, sub-delegation, conditional delegation and judicial review of subordinate legislation, and analysing repeal and savings through section 6 of the General Clauses Act 1897 • [Self-Contained Reference Apparatus] Footnotes point to the reproduced text of borrowed provisions in the Appendix, and the volume closes with a 44-page Subject Index carrying 214 main entries and over 1,140 sub-entries, keyed to paragraph number, with every defined expression listed separately
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