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The Occupational Safety, Health and Working Conditions Code, 2020

Central

An Act to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto.

Act number
37 of 2020
Ministry
Ministry of Labour and Employment
Enacted
28 Sep 2020

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

143 sections

  1. Section 1Short title, commencement and application.
  2. Section 2Definitions.
  3. Section 3Registration of certain establishments.
  4. Section 4Appeal.
  5. Section 5Notice by employer of commencement and cessation of operation.
  6. Section 6Duties of employer.
  7. Section 7Duties and responsibilities of owner, agent and manager in relation to mine.
  8. Section 8Duties of designers, manufacturers, importers or suppliers.
  9. Section 9Duties of architect, project engineer and designer.
  10. Section 10Notice of certain accident.
  11. Section 11Notice of certain dangerous occurrences.
  12. Section 12Notice of certain diseases.
  13. Section 13Duties of employee.
  14. Section 14Rights of employee.
  15. Section 15Duty not to interfere with or misuse things.
  16. Section 16National Occupational Safety and Health Advisory Board.
  17. Section 17State Occupational Safety and Health Advisory Board.
  18. Section 18Occupational safety and health standards.
  19. Section 19Research related activities.
  20. Section 20Safety and occupational health surveys.
  21. Section 21Collection of statistics and portal for inter-State migrant workers.
  22. Section 22Safety Committee and safety officers.
  23. Section 23Responsibility of employer for maintaining health, safety and working conditions.
  24. Section 24Welfare facilities in the establishment, etc.
  25. Section 25Daily and weekly working hours, leave, etc.
  26. Section 26Weekly and compensatory holidays.
  27. Section 27Extra wages for overtime.
  28. Section 28Night shifts.
  29. Section 29Prohibition of overlapping shifts.
  30. Section 30Restriction on double employment in factory and mine.
  31. Section 31Notice of periods of work.
  32. Section 32Annual leave with wages, etc.
  33. Section 33Maintenance of registers, records and filing of returns.
  34. Section 34Appointment of Inspector-cum-Facilitators.
  35. Section 35Powers of Inspector-cum-Facilitators.
  36. Section 36Powers and duties of District Magistrate.
  37. Section 37Third party audit and certification.
  38. Section 38Special powers of Inspector-cum-Facilitator in respect of factory, mines, dock work and building or other construction work.
  39. Section 39Secrecy of information by Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.
  40. Section 40Facilities to be afforded to Inspector-cum-Facilitator.
  41. Section 41Powers of special officer to enter, measure, etc., in relation to mine.
  42. Section 42Medical officer.
  43. Section 43Employment of women.
  44. Section 44Adequate safety of employment of women in dangerous operation.
  45. Section 45Applicability of this Part.
  46. Section 46Appointment of designated authority.
  47. Section 47Licensing of contractors.
  48. Section 48Procedure for issue or renewal of licence.
  49. Section 49No fees or commission or any cost to workers.
  50. Section 50Information regarding work order to be given to the appropriate Government.
  51. Section 51Revocation, suspension and amendment of licence.
  52. Section 52Appeal.
  53. Section 53Liability of principal employer for welfare facilities.
  54. Section 54Effect of employing contract labour from a non-licenced contractor.
  55. Section 55Responsibility for payment of wages.
  56. Section 56Experience certificate.
  57. Section 57Prohibition of employment of contract labour.
  58. Section 58Power to exempt in special cases.
  59. Section 59Applicability of Part II.
  60. Section 60Facilities to inter-State migrant workers.
  61. Section 61Journey allowance.
  62. Section 62Benefits of public distribution system, etc.
  63. Section 63Toll free helpline.
  64. Section 64Study of inter-State migrant workers.
  65. Section 65Past liabilities.
  66. Section 66Prohibition of employment of audio-visual worker without agreement.
  67. Section 67Managers.
  68. Section 68Code not to apply in certain cases.
  69. Section 69Exemption from provision regarding employment.
  70. Section 70Employment of persons below eighteen years of age.
  71. Section 71Exemption to certain persons.
  72. Section 72Establishment, maintenance of rescue services and vocational training.
  73. Section 73Decision of question whether a mine is covered under this Code.
  74. Section 74Licence to industrial premises and person.
  75. Section 75Appeals.
  76. Section 76Permission to work by employees outside industrial premises.
  77. Section 77Part not to apply to self-employed persons in private dwelling houses.
  78. Section 78Prohibition of employment of certain persons in certain building or other construction work.
  79. Section 79Approval and licensing of factories.
  80. Section 80Liability of owner of premises in certain circumstances.
  81. Section 81Power to apply Code to certain premises.
  82. Section 82Dangerous operations.
  83. Section 83Constitution of site appraisal committee.
  84. Section 84Compulsory disclosure of information by occupier.
  85. Section 85Specific responsibility of the occupier in relation to hazardous processes.
  86. Section 86National Board to inquire into certain situations.
  87. Section 87Emergency standards.
  88. Section 88Permissible limits of exposure of chemicals and toxic substances.
  89. Section 89Right of workers to warn about imminent danger.
  90. Section 90Appeal against the order of Inspector-cum-Facilitator in case of factory.
  91. Section 91Power to make rules to exempt.
  92. Section 92Facilities for workers in plantation.
  93. Section 93Safety.
  94. Section 94General penalty for offences.
  95. Section 95Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cumFacilitator, etc.
  96. Section 96Penalty for non-maintenance of register, records and non-filing of returns, etc.
  97. Section 97Punishment for contravention of certain provisions.
  98. Section 98Punishment for falsification of records, etc.
  99. Section 99Penalty for omission to furnish plans, etc.
  100. Section 100Punishment for disclosure of information.
  101. Section 101Punishment for wrongfully disclosing results of analysis.
  102. Section 102Punishment for contravention of provisions of duties relating to hazardous processes.
  103. Section 103Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.
  104. Section 104Special provision for contravention of order under section 38.
  105. Section 105Failure to appoint manager in mine.
  106. Section 106Offences by employees.
  107. Section 107Prosecution of owner, agent or manager of mine.
  108. Section 108Exemption of owner, agent or manager of mine or occupier of factory from liability in certain cases.
  109. Section 109Offences by companies, etc.
  110. Section 110Limitation of prosecution and cognizance of offences.
  111. Section 111Power of officers of appropriate Government to impose penalty in certain cases.
  112. Section 112Jurisdiction of court for entertaining proceedings, etc., for offence.
  113. Section 113Power of court to make orders.
  114. Section 114Composition of certain offences.
  115. Section 115Social security fund.
  116. Section 116Delegation of powers.
  117. Section 117Onus as to age.
  118. Section 118Onus of proving limits of what is practicable, etc.
  119. Section 119Common licence for contractor, factories and to industrial premises, etc.
  120. Section 120Effect of law and agreements inconsistent with Code.
  121. Section 121Power of appropriate Government to direct inquiry in certain cases.
  122. Section 122Publication of reports.
  123. Section 123Powers of Central Government to give directions.
  124. Section 124General restriction on disclosure of information.
  125. Section 125Jurisdiction of civil courts barred.
  126. Section 126Protection of action taken in good faith.
  127. Section 127Power to exempt in special cases.
  128. Section 128Power to exempt during public emergency.
  129. Section 129Power to exempt public institution.
  130. Section 130Persons required to give notice, etc., legally bound to do so.
  131. Section 131Power of Central Government to amend Schedule.
  132. Section 132Power to remove difficulties.
  133. Section 133Power of appropriate Government to make rules.
  134. Section 134Power of Central Government to make rules.
  135. Section 135Power of State Government to make rules.
  136. Section 136Power of Central Government to make regulations in relation to mines and dock work.
  137. Section 137Prior publication of rules, etc.
  138. Section 138Power to make regulation without previous publication.
  139. Section 139Bye-laws.
  140. Section 140Powers to regulate general safety and health.
  141. Section 141Laying of regulations, rules, byelaws, etc., before Parliament.
  142. Section 142Laying of rules made by State Government.
  143. Section 143Repeal and Savings.