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.
In today’s guide, we will discuss all aspects associated with occupational safety health and working conditions code 2020. Let's take a look at the table of content that we'll cover ahead:
- Chapter I Preliminary
- Chapter II Registration
- Chapter III Duties of Employer and Employees, ETC
- Chapter IV Occupational Safety and Health
- Chapter V Health, Safety and Working Conditions
- Chapter VI Welfare Provisions
- Chapter VII Hours of Work and Annual Leave with Wages
- Chapter VIII Inspector-Cum-Facilitators and other Authority
- Chapter IX Special Provision Relating to Employment of Women
- Chapter X Special Provisions for Contract Labour and Inter-State Migrant Worker, ETC
- Chapter XI Offenses and Penalties
- Chapter XII Maintenance of Register, Records and Returns
- Chapter XIII Social Security Fund
- Chapter XIV Miscellaneous
- How Deskera Can Assist You?
Chapter I Preliminary
The OSHWC Code aims to regulate the safety, health, and working conditions of various industries and establishments in India.
The OSHWC Code repeals the following legislation:
- The Factories Act, 1948 (‘Factories Act’);
- The Contract Labour (Regulation and Abolition) Act, 1970 (‘Contract Labour Act’);
- The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1979 (‘BOCW Act’);
- The Mines Act, 1952;
- The Dock Workers (Safety, Health, and Welfare) Act, 1986;
- The Plantations Labour Act, 1951 (‘Plantations Act’);
- The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (‘ISMW Act’);
- The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;
- The Working Journalist and other News Paper Employees (Conditions of Service and Miscellaneous Provision) Act, 1955;
- The Motor Transport Workers Act, 1961;
- The Sales Promotion Employees (Conditions of Service) Act, 1976;
- The Working Journalist (Fixation of rates of wages) Act, 1958; and
- The Cine Workers and Cinema Theatre Workers Act, 1981.
Further, the draft rules of the OSHWC Code were released on 19 November 2020. However, they are yet to be finalized.
1. The First Schedule: List of Industries involving hazardous processes
2. The Second Schedule: List of matters (Occupational safety and health standards)
3. The Third Schedule: List of notifiable diseases
(a) “adolescent” shall have the same meaning as assigned to it in clause (i) of section 2 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986;
(c) “agent” when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision, or direction of such mine or of any part thereof.
(e) “audio-visual production” means audio-visual produced wholly or partly in India and includes—
(i) animation, cartoon depiction, audio-visual advertisement;
(ii) digital production or any of the activities in respect of making thereof; and
(iii) features films, non-feature films, television, web-based serials, talk shows, reality shows, and sports shows
(f) “audio-visual worker” means a person, who is employed, directly or through any contractor, in or in connection with the audio-visual production to work as an artist including actor, musician, singer, anchor, newsreader, dancer, dubbing artist, or stunt person or to do any work, skilled, unskilled, manual, supervisory, technical, artistic, or otherwise, and his remuneration with respect to such employment in or in connection with the production of audio-visual does not exceed, where remuneration is by way of monthly wages or where such remuneration is by way a lump sum, in each case, such amount as may be notified by the Central Government.
(i) “building worker” means a person who is employed to do any highly skilled, skilled, semi-skilled or unskilled, manual, technical, or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity;
(m) “contract labour” means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include a worker (other than a part-time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement or permanent basis) and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment;
(n) “contractor”, in relation to an establishment, means a person, who—
(i) undertakes to produce a given result for an establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour, or of goods or articles of manufacture to such establishment, through contract labour, or
(ii) supplies contract labour for any work of the establishment as mere human resource,
And includes a sub-contractor;
(p) “core activity of an establishment” means any activity for which the establishment is set up and includes any activity which is essential or necessary to such activity:
Provided that the following shall not be considered as an essential or necessary activity, if the establishment is not set up for such activity, namely—
(i) sanitation works, including sweeping, cleaning, dusting, and collection, disposal of all kinds of waste;
(ii) watch and ward services including security services;
(iii) canteen and catering services;
(iv) loading and unloading operations
(v) running of hospitals, educational, and training institutions, guest houses, clubs, and the like where they are in the nature of support services of an establishment;
(vi) courier services which are in nature of support services of an establishment;
(vii) civil and other constructional works, including maintenance;
(viii) gardening and maintenance of lawns and other like activities;
(ix) housekeeping and laundry services, and other like activities, where these are in nature of support services of an establishment;
(x) transport services including, ambulance services;
(xi) any activity of intermittent nature even if that constitutes a core activity of an establishment;
(t) “employee” means, —
(i) in respect of an establishment, a person (other than an apprentice engaged under the Apprentices Act, 1961) employed in wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied, and
(ii) a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union:
Provided that notwithstanding anything contained in this clause, in the case of a mine a person is said to be “employed” in a mine who works as the manager or who works under appointment by the owner, agent, or manager of the mine or with the knowledge of the manager, whether for wages or not—
(a) in any mining operation (including the concomitant operations of handling and transport of minerals up to the point of dispatch and of gathering sand and transport thereof to the mine);
(b) in operations or services relating to the development of the mine including the construction of plant therein excluding construction of buildings, roads, walls, and any building work not directly connected with any existing or future mining operations;
(c) in operating, servicing, maintaining, or repairing any part of any machinery used in or about the mine;
(d) in operations, within the premises of the mine, of loading for dispatch of minerals;
(e) in any office of mine;
(f) in any welfare, health, sanitary, or conservancy services required to be provided under this Code relating to mine, or watch and ward, within the premises of the mine excluding residential area; or
(g) in any kind of work, whatsoever, which is preparatory or incidental to, or connected with, a mining operation
(u) “employer” means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any Department of the Central Government or the State Government, the authority specified, by the head of such Department, this behalf or where no authority, is so specified, the head of the Department and in relation to an establishment carried on by a local authority, the Chief Executive of that authority, and includes—
(i) in relation to an establishment which is a factory, the occupier of the factory;
(ii) in relation to mine, the owner of the mine, agent, or manager referred to in section 67;
(iii) in relation to any other establishment, the person who, or the authority which can ultimate control over the affairs of the establishment and where said affairs are entrusted to a manager or managing director, such manager or managing direction;
(iv) contractor; and
(v) legal representative of a deceased employer;
(w) “factory means any premises including the precincts thereof—
(i) whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or
(ii) whereon forty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,
But does not include a mobile unit belonging to the armed forces of the Union, railways running shed, or a hotel, restaurant, or eating place:
Provided that where under any law for the time being in force in a State immediately before the commencement of this Code, the number of workers specified is more or less than the number specified in clause (i) or clause (ii), then, the number specified under the law of the State shall prevail on that State till it is amended by the competent Legislature.
(x) “family”, when used in relation to a worker, means—
(ii) children including adopted children of the worker who are dependent upon him and have not completed the age of eighteen years; and
(iii) parents, grandparents, widowed daughter, and widowed sister dependent upon such worker.
Explanation— For the purpose of this clause, such dependents shall no be included who are, for the time being, getting such income from such sources, as may be prescribed by the appropriate Government;
(zf) “inter-state migrant worker” means a person who is employed in an establishment and who—
(i) has been recruited directly by the employer or indirectly through a contractor in one State for employment in such establishment situated in another State; or
(ii) has come on his own from one State and obtained employment in an establishment of another State (hereinafter called destination State) or has subsequently changed the establishment within the destination State, under an agreement or other arrangement for such employment and draws wages not exceeding the amount of rupees eighteen thousand per month or such higher amount as may be notified by the Central Government from time to time;
(zx) “plantation” means—
(a) any land used or intended to be used for—
(i) growing tea, coffee, rubber, cinchona, or cardamom which admeasures five hectares or more;
(ii) growing any other plan, which admeasures five hectares or more and in which persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification, so directs
Explanation— where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the former piece of land shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more; and
(b) any land which the State Government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares:
Provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this Code; and
(c) offices, hospitals, schools, and dispensaries and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises
(zze) “sales promotion employees” means any person by whatever name called employed or engaged in any establishment for hire or reward to do any work relating to the promotion of sales or business, or both, but does not include any such person who, —
(i) being employed or engaged in a supervisory capacity, draws wages exceeding eighteen thousand rupees per mensem or any amount as may be notified by the Central Government from time to time; or
(ii) is employed or engaged mainly in a managerial or administrative capacity
(zzl) “worker” means any person employed in any establishment to do any manual, unskilled, skilled, technical, clerical, or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists and sales promotion employees, but does not include any such person—
(i) who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957; or
(ii) who is employed in the police service or as an officer or other employee of a prison; or
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who is employed in a supervisory capacity drawing wage exceeding eighteen thousand rupees per month or amount as may be notified by the Central Government from time to time;
(zzm) “working journalist” means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishment, or other establishment relating to any electronic media or digital media such as newspaper or radio or other like media and includes an editor, a leader-writer, news editor, sub-editor, feature writer, copy tester, reporter, correspondent cartoonist, news-photographer and proof-reader, but does not include any such person who is employed mainly in a managerial supervisory or administrative capacity;
Chapter II Registration
3. Registration of Certain Establishments
(1) Every employer of any establishment, —
- Which comes into existence after the commencement of this Code; and
- 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 of 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, but not later than seven days from the date of submission complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto-generated.
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 establishments 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 30 days of such change in such form as may be prescribed by the central government and thereafter the registering officials shall make an amendment in the certificate of registration electronically in such manner as may be prescribed by the central government.
The employer of an establishment shall, within thirty 30 days of the closing of the establishment—
(a) informed the closing of such establishment; and
(b) certify payments 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 establishment 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 their registration certificate of the establishment under this sub-section within 60 days, then, the registration certificate of such establishments shall be deemed to have been canceled under this code immediately on the expiration of such period of 60 days and the cancellation of registration certificate shall be auto-generated and the responsibility of such failure shall be on the registration officer.
(6) If an employer of an establishment—
(a) has obtained the registration of his establishment by misinterpretation or suppression of any material fact, or
(b) has obtained the registration of establishments so fraudulently or otherwise that the registration has been 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 the 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 revoking shall be completed by the registering officer within 60 days from coming into the notice from the fact specified in clause (b).
(1) Any person aggrieved by an order made under Section 3 may, within 30 days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person notified on this behalf by an appropriate Government:
- provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient costs from filing the appeal in time.
- (2) on receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal within the period of 30 days from the date of receipt of such appeal.
Chapter III Duties of Employer and Employees, ETC
Annual Health Examination of Employees under Section 6—
Every employer of the factory, dock, mine, and building or other construction work shall arrange to conduct free of cost, medical examination for every worker annually i.e. within 120 days from the commencement of every calendar year who has completed 45 years of age. The medical examination shall be conducted by a qualified medical practitioner as per proforma in Form V. The medical certificate shall be submitted by the qualified medical practitioner to the concerned employer and the employee.
10. Notice of Certain Accident
(1) where at any place in an establishment, an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accident or which is of such nature as may be prescribed by the appropriate government, then—
(a) an employer or owner or agent or manager referred to in section 67 of such establishment if it is mine; or
(b) employer or manager in relation to such establishment if it is factory or relates to dock work; or
(c) the employer of the plantation, or an establishment relating to building or other construction, or any other establishment,
shall send notice thereof to such authorities, in such manner and within such time, as may be prescribed by the appropriate Government.
(2) where a notice given under subsection (1) relates to an accident causing death in a plantation or an establishment relating to the building or other construction work or any other establishment, the authority to whom the notice is sent shall make an inquiry into the occurrence within two months of the receipt of the notice, or if there is no such authority, the Chief Inspector-cum-facilitator, shall cause the Inspector-cum Facilitator to make an inquiry within the said period.
11. Notice of Certain Dangerous Occurrences
Wherein an establishment there is any dangerous occurrence as specified in the schedule annexed hereto, whether causing any bodily injury or disability or not, notice in Form-VI shall within 12 hours be send to:
(a) the Inspector-cum-Facilitator;
(b) District Magistrate or Sub-divisional officer;
Provided that if in the case of an accident or dangerous across death, occurs to any person injured by such accident or dangerous occurs after the notices and the report referred has been sent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons, and also have this information, confirmed in writing within 12 hours of the day.
Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (2) does not occur immediately following the accident, or the dangerous occurrence, but later, or occurs in more than one spell, the report referred to shall be sent to the Inspector-cum-Facilitator in their prescribed form within 24 hours following the hours when the actual cost period of disability from the working resulting from the accident or the dangerous occurrence become 48 hours.
12. Notice of certain Diseases
(1)Where any worker in an establishment contracts any disease specified in the third schedule, the employer of the establishment shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed by the appropriate Government.
(2) If any qualified medical practitioner attends on a person, who is or has been employed in an establishment, and who is or is believed by the qualified medical practitioner, to be suffering from any disease specified in the third schedule, the medical practitioner shall, without delay send a report in writing to the office of the Chief Inspector-cum-Facilitator in such form and manner and within such time as may be prescribed by the appropriate government.
(3) If any qualified medical practitioner fails to comply with the provisions of subsection (2), he shall be punishable with a penalty, which may extend to 10,000 rupees.
Chapter IV Occupational Safety and Health
16. National Occupational Safety and Health Advisory Board
(1) The Central Government shall, by notification constitute the National Occupational Safety and Health Advisory Board (hereinafter in this Code referred to as the National Board) to discharge the functions conferred on it by or under this code and to advise the central government on the matters relating to—
(a) standards, rules, and regulations to be declared or framed under this Code;
(b) implementation of the provisions of this Code and the standards, rules, and regulations relating thereto;
(c) the issues of policies and programme relating to Occupational Safety and health refer to it from time to time by the central government; and
(d) any other matter in respect of this Code referred to it, from time to time, by the central government.
(2) The National Board shall consist of —
(a)Secretary, Ministry of Labor and Employment— Chairperson ex officio;
(b) Director-General, Factory Advice Service and Labour Institutes, Mumbai—Member ex officio;
(c) Director General, Mines Safety Dhanbad—Member ex officio; (d) Chief Controller of Explosives, Nagpur— Member ex officio; (e) Chairman, Central Pollution Control Board, New Delhi—Member ex officio;
(f) Chief Labour Commissioner (Central), New Delhi—Member ex officio;
(g) Principal secretaries dealing with labour matters of four states (by rotation as the central government deems fit) — Member ex officio;
(h) Director-General, Employee’s, State Insurance Corporation, New Delhi—Member ex officio;
(i) Director General Health Service, New Delhi— Member ex officio;
(j) Five representatives of employers— Member ex officio;
(k)Five representatives of employees— Member ex officio;
(l)a representative of the professional body associated with the matter for which standards, rules, and policies are being framed— Member;
(m)Five eminent persons connected with the field of Occupational Safety and health, or representatives from the reputed research institutions or similar other discipline—Member;
(n)Special invitees from the state government or the Government of Union territory for seeking inputs in specified manners or industrial sector, which is predominant in that state or Union territory— Member;
(o)Joint Secretary, Ministry of Labor and Employment—Member, Secretary ex officio.
(3) The terms of office of the Members referred to in clause (g), (j, (k), (l) and (m) of subsection 2 shall be of three years and the procedure for their nomination, and discharge of their function shall be such as may be prescribed by the central government.
(5)The central government may constitute as many technical committee for advisory committees consisting of such number of members having such qualifications as may be prescribed by the central government, to assist the National Board in discharge of its function specified in subsection (1).
(6)The National Board shall consult the state governments whose principal secretaries are the members of the National Board of required under clause (g) of subsection (2) of section 16 and in case of specified issue relating to plantation, factories, and like other issues, the state government concerned may be invited by the National Board as special invitee for obtaining their inputs on such issues.
17. State Occupational Safety and Health Advisory Board
(1) The State Government shall constitute a Board to be called the state Occupational Safety and Health Advisory Board (hereinafter referred to “State Advisory Board”) to advise the state Government on such matters arising out of the administration of this code, as may be referred to it by the state government.
(2) The Constitution, procedure and other matters relating to the state Advisory Board shall be such as may be prescribed by the state government.
(3) The state government may constitute as many technical Committee or advisory committees of the State Advisory Board, including fight approval committees consisting of such number of members and having such qualifications as may be prescribed to assist the state government or State Advisory Board in discharge of their functions relating to the area falling within their respective jurisdictions.
18. Occupational Safety and Health Standards
(1) The Central Government shall declare, by notification, standards on Occupational Safety and health for workplaces relating to factory mine, dock work, beedi and cigar, building and other construction work and other establishments
(2) In particular such standard shall relate to—
(a)physical, chemical, biological and any other hazard to be dealt with for the working life of employee to ensure to the extent feasible on the basis of the best available evidence or functional capacity that no employee will suffer material impairment of health or functional capacity, even if such employees regular exposure to such hazards,
(b) the norms—
(i) appraising the hazards to employees and users, to whom such hazards are exposed;
(ii) relating to relevant symptoms and appropriate energy treatment and proper conditions and precautions for safe use or exposure;
(iii) for monitoring and measuring exposure of employees to hazards;
(iv) for medical examination. And other tests which shall be made available, by the employer or at his cost to the employees exposed to hazards; and
(v)for hazard evaluation procedure like safety audit, hazard and operability study, fault free analysis, event free analysis and such other requirements.
(c)Medical examination, including criteria for detection and reporting of occupational disease to be extended to the employees even after he ceases to be in employment, if he is suffering from an occupational disease which arises out of or in the course of employment.
(d) such aspects of occupational safety and health relating to workplaces which the central government considers necessary on the report of the authority designated by such government for such purpose;
(e) such safety and health measures as may be required having regard to the specific conditions prevailing at the workplace relating to mine, factory, building and other construction work, beedi and Cigar, dock work or any other establishment notified; and
(f)matters specified in the second schedule of this Code.
(3) The central government may, on the basis of the recommendation of the National Board and after notifying its intention to do so, for not less than 45 days by notification, amend the 2nd schedule.
20. Safety and Occupational Health Surveys
(1) At any time during the normal working hours of an establishment or at any other time as he may deem necessary, —
(a)the Chief Inspector-cum-Facilitator in the case of factory or mine; or
(b) the Director General of Factory Advice Service and Labour Institute in the case of Factory; or
(c) the Director General of Mines Safety in the case of mine; or
(d) the Director General of Health services in the case of factory or mine; or
(e) such other officers as may be authorized by the appropriate government in the case of any such establishment or class of establishments,
- after giving such notice in writing to the employer, conduct surveys of the factory or mine, or such other establishment or class of establishments and such employer shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.
Explanation— For the purpose of this subsection, the expression “employer” includes manager for the factory or in the case of any other establishment or class of establishments, such person who is for the time being responsible for the safety and occupational health of such other establishment or class of establishments as the case may be.
(2)For the purpose of facilitating surveys, every worker shall, if so required by the person conducting the survey present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession which is relevant to the survey.
(3)Any time spent by a worker for undergoing medical examination or furnishing information shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be working hour for him.
Explanation— For the purpose of this section, the report submitted to the appropriate government by the person conducting the survey shall be deemed to be a report submitted by an Inspector-cum-Facilitator under their Code.
22. Safety Committee and Safety Officers
(1)Every establishment employing 500 or more workers, except for the establishment, shall constitute a safety committee consisting of representatives of employers and workers.
(2)The tenure of the Safety Committee shall be over three years. The Safety Committee shall meet at least once in every quarter. In case of mines, the Safety Committee shall meet at least once in a month.
(3)The representative of the workers shall be chosen by the registered trade union. In case where there is no registered trade union the members may be chosen by the workers of the establishment. Provided that there shall be an adequate representation of the women workers in the committee.
(5) The owner, employer occupier, agent, or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall be take action to implement the recommendations.
Composition of Safety Committee: —
(1) The representatives of the management on the Safety Committee, except in mine, shall consist of —
(a) a senior official who, by his position in the organization, can contribute effectively to the functioning of the Committee, shall be the chairman;
(b) a safety officer and medical officer, wherever available, and the safety officer in such a case shall be the Secretary of the Committee; and
(c) A representatives each from the production, maintenance and purchase departments.
(2) The workers, representatives on the Safety Committee, shall be chosen by the workers.
(5) Functions and duties of the Safety Committee referred to in sub-rule (1) shall include—
(a) assisting and cooperating with the management in achieving the aims and objectives outlined in the “Safety and Health Policy.”
(b) dealing with all matters concerning health, safety and environment and to arrive at practicable solution to problems encountered;
(c) creating safety awareness amongst all workers;
(d) undertaking educational, training and promotional activities;
(e) discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;
(f) looking into the matter is likely to cause danger to the safety and health of the workers and suggest corrective measures; and (g)reviewing the implementation of the recommendations made by it.
Composition of Safety Committee in case of Mines: —
(a)the manager referred to in the section 67 of the Code shall be the Chairman;
(b) Five officials or competent persons of the mine nominated by the chairman;
(c) five workers, including proportionate number of contractors, employees engaged in mining operation nominated by the employees of the Mine.
(d) Worker’s Representative where so designated one each from mining, electrical and mechanical discipline;
(e) the safety officer, or where there is no safety officer, the senior most mine official next to the manager, who shall act as a secretary to the committee; and
(f) qualified medical practitioner of the mine.
(2) In every establishment which is a —
(a) factory wherein five hundred workers or more; or
(b) factory carrying on hazardous process, wherein two hundred fifty workers or more; or
(c)building or other construction work where in 250 workers or more; or
(d) mine wherein 100 workers or more ordinarily employed the employer shall also appoint such number of safety officers who shall possess such qualifications and perform such duties, as may be prescribed by appropriate government; Safety officer(s) shall be appointed on a scale of one up to a total manpower of 500 and additional one for every additional 500 manpower or part thereof, who shall hold such qualifications.
Chapter V Health, Safety and Working Conditions
23. Responsibility of Employer for Maintaining Health, Safety and Working Conditions.
(1) The employer shall be responsible to maintain in his establishment such health, safety and working conditions for the employees as may be prescribed by the Central Government.
(2) Without prejudice to the generality of the power conferred under subsection(1), the Central Government may prescribe for providing all or any of the following matters in the establishment or class of establishments, namely: —
- Cleanliness and hygiene;
- Ventilation, temperature and humidity;
- environment free from dust, noxious gas fumes, and other impurities;
- Adequate standard of humidification, artificially increasing the humidity of the air, Ventilation and cooling of the air in work rooms;
- potable drinking water;
- Adequate standards to prevent overcrowding, and to provide sufficient space to employee for other persons, as the case may be employed therein;
- adequate lightning;
- sufficient arrangement for Latrine and urinal accommodation to male, female and transgender employees separately and maintaining hygiene therein;
- effective arrangement for treatment of wastes and effluents;
- and any other arrangements which the Central Government considers appropriate
Chapter VI Welfare Provisions
24. Welfare Facilities in the Establishment, ETC.
(1) The employer shall be responsible to provide and maintain in his establishment such welfare facilities for the employees as may be prescribed by the central government, including, —
(i) adequate and suitable facilities for washing to male and female employees separately;
(ii) bathing places and locker rooms for male, female and transgender employees separately;
(iii)place of keeping clothes not worn during working hours and for the drying of wet clothing;
(iv) sitting arrangements for all employees obliged to work in a standing position;
(v) facilities of the canteen in an establishment for employees thereof, wherein 100 or more workers, including contract laborers, are ordinary employed;
(vi) in the case of mines, medical examination of the employees employed or to be employed in the mines, before their employment, and at specific intervals;
(vii) adequate first-aid boxes or cupboards with content readily assessable during working hours; and
(viii) any other welfare measures that the central government considers under the set of circumstances, as required for a decent standard of life of the employees.
(2) Without prejudice to the generality of the power referred to under subsection (1), the central government may also prescribe for the following matters, namely:
(i) ambulance room in every factory, mine, building or other construction work wherein more than 500 workers are ordinarily employed;
(ii) medical facilities at the operating centers and halting stations, uniforms, raincoats, and other like amenities or protection from rain or cold for motor transport workers;
(iii) adequate, suitable and separate shelters or restrooms for male, female and transgender employees and lunchrooms in every factory and mine wherein more than 50 workers are ordinarily employed and in motor transport undertaking wherein an employee is required to halt at night;
(iv) the appointment of a welfare officer in every factory, mine or plantation wherein 250 or more workers are ordinarily employed and the qualification condition of service and duties of such welfare officer;
(v)for providing by the employer temporary living accommodations, free of charges and within the work site or as near to it as may be possible, to all building worker employed by him and for causing removal or demolition of such employee living accommodation and for returning by the employer the possession of any land obtained by him for such purpose from Municipal board or any other local authority;
(vi) for payment by the principle employer the expenses incurred or providing the accommodation to the contractor, where the building or other construction work is done through the contractor;
(vii) any other matter which may be prescribed.
(3) The central government may make rules to provide for the facility of creche, having suitable room for room for the use of children under the age of six years of the employees at suitable location and distance, either separately along with the common facilities in establishment, wherein more than 50 workers are ordinarily employed:
Provided that an establishment can avail common creche facility of the Central Government, State Government. Municipality, or private entity or provided by non-Governmental organization or by any other organization or group of the establishments, may pool their resources for setting up of Common creche in the manner as they may agree for such purpose.
Chapter VII Hours of Work and Annual Leave with Wages
25. Daily and Weekly Working Hours, Leave, ETC.
(1) No worker shall be required or allowed to work, in an establishment or class of establishment for more than—
(a) eight hours in a day; and
(b) the period of work of a worker shall be so arranged that, inclusive of his intervals for rest, shall not be spread over for more than 12 hours in a day.
Provided that subject to clause (a) in the case of mines, —
(i) the persons employed below ground in a mine shall not be allowed to work for more than such hours as may be notified by the central government in any day;
(ii) no work shall be carried on below ground in any mine except by a system of shifts so arranged that the period of work for each shift is not spread over more than the daily maximum as notified under clause (i);
(3) the period of work of workers shall not exceed 5 hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
Provided further that subject to clause (a), the hours of work in case of motor transport workers shall include —
(i)the time spent in work done during the running time of the transport vehicle;
(ii) the time spent in Subsidiary work; and
(iii) period of mere attendance at terminals of less than 15 minutes.
(a) “running time” in relation to a working day means the time from the moment at transport vehicles starts functioning at the beginning of the working day, until the moment when they transport vehicles ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed by the central government during which period the person who drive or perform any other work in connection with their transport vehicle or free dispose of their time as they please or are engaged in subsidiary work;
(b) “subsidiary work” means the work in connection with the transport vehicle, its passengers, or its load which is done outside the running time of the transport vehicle including, in particular, —
(i)the work in connection with accounts paying off cash, signing of register handover of service sheets, the checking of tickets, and other similar work;
(ii) taking over and garaging of the transport vehicles
(iii) travelling from the place where a person signs on the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off;
(iv) work in connection with the upkeep and repair of the transport vehicle; and
(v)the loading and unloading of the transport vehicle,
(2) the hours of work for working journalists shall, subject to a maximum of 144 hours of work during any period of four consecutive weeks and a period of not less than 24 consecutive hours of rest during any period of seven consecutive days, be such as may be prescribed by the central government.
Normal working day for working journalist. The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meal shall exceed 6 hours per day in the case of a day shift, and five and a half a per day in the case of a night shift and no working generally shall ordinarily be required or allowed to work for longer than number of hours constituting a normal working day.
Interval for rest for working journalists. Subject to such agreement as maybe arrived at between a newspaper establishment and working journalist employed in that establishment, the periods of work for working journalists shall be so fixed that no working journalist shall work for more than four hours in the case of a day shift and three hours in the case of a night shift before he had an interval of rest, in the case of the day shift for one hour, and in the case of the night shift for half an hour.
Compensation for overtime work. When a working journalist work for more than six hours on any day in the case of a day shift and more than five and a half hour in the case of night shift, he shall, in respect to that overtime work, be compensated in form of hours equal in number of the hours for which he has worked.
Overtime conditions governing night shift. No working journalist shall be employed on a night shift continuously for more than one week at a time or more than one week in any period of 14 days.
Interval preceding change of shift. In the case of change of shift from night to day shift or vice versa, there shall be an interval of not less than 24 consecutive hours between the two shift and in the case of a change from one day shift to another day shift, or from one night shift to another night shift there shall be interval of not less than 12 consecutive hours.
(3) A sales promotion employee or the working journalist, —
(i) in addition to first holidays, casual or other kinds of leave as may be prescribed by the central government, shall be granted if requested for—
(a) earned leave on full wages for not less than one-eleventh of the period spent on duty;
(b)leave on the medical certificate on 1/2 of the wages for not less than one-eighteenth of the period of service;
(ii) may accumulate earned leave up to such maximum limit as may be prescribed by the central government;
(iii)shall be entitled for the limit of up to which the earned leave may be either encashed or availed or of at any time by him and the reason for which such limit may be exceeded shall be such as may be prescribed by the central government.
(a)when he voluntarily relinquishes his post or retires from service; or
(b) when his service is terminated for any reason whatsoever (not being termination as punishment),
be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed by the central government, (including conditions by way of specifying the maximum period for which such cash compensation shall be payable), in respect of the earned leave earned by him and not availed of;
(v) who dies while in services, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of his heirs shall be paid the cash compensation in respect of any period of only for which he or his heirs, is or are entitled to cash compensation under clause (iv) or clause (v), which shall be an amount equal to the wages due to him for such period.
26. Weekly and Compensatory Holidays
(1) No worker shall be allowed to work in an establishment for more than six days in any one week:
Provided that in any motor transport undertaking, an employer may in order to prevent any dislocation of a motor transport service, require workers to work on any day of weekly holidays, which is not a holiday so arranged that the worker does not work for more than 10 days consecutively without a holiday for the whole day intervening.
(2) the appropriate Government may, by notification, exempt such workers, as it thinks fit for the provision of subsection (1), subject to such conditions as may be prescribed.
(3) Where, as a result of the passing of an order or the making of a rule under the provision of this Code exemption an establishment or the worker therein from the provision of subsection (1), a worker is deprived of any of the weekly holidays, the worker shall be allowed, within the month in which the holidays were due or within two months immediately following that month, compensatory holidays of equal number to the holidays, so deprived.
Number of holidays in a year for sales promotion, employer working journalists. A working journalist or sales promotion employee shall be entitled to 10 holidays in a calendar year.
Compensatory holiday for sales promotion employee or working journalists. If a working journalist or sales promotion employee is required to attend on a holiday, a compensatory holiday shall be given to him, within 30 days immediately following the holiday, on a day mutually agreed upon by him and his employer.
(1) Except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holiday to be allowed under subsection (3)of section 26 of the Code shall be so spaced that not more than two compensatory holidays were given in one week.
(2)The manager of the establishment shall display on, or before the end of the month in which the holidays are lost, a notice respect of workers allowed compensatory holidays during the following month, and of the dates thereof, at the place at which the notice of periods of the work prescribed under section 26 is displayed. Any subsequent change in the notice of respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.
(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed, and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.
27. Extra Wages for Overtime
There shall be paid wages at the rate of twice the rate of wages in respect, overtime work, where a worker works in an establishment or class of establishment for more than such hours of work in any day or in any week as may be prescribed by the appropriate government, and the period of overtime work shall be calculated on a daily basis or weekly basis, whichever is more favorable to such worker:
Provided that a worker shall be required to work overtime by the employer subject to the consent of such worker for such work:
(1) In pursuance of this section of code, wherein an establishment of a worker works for more than eight hours in any day, or for more than 48 was in any week, as the case may be, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, and shall be paid at the end of each wage period.
(2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in the case of more than 30 minutes, it shall be rounded and shall be counted as an hour on an actual basis.
(4) In calculating the wages or earnings in the case of a worker paid by the month, daily wages shall be 1/26th of this monthly wages; and in the case of any other worker, it shall be the daily wages or earning, as the case may be.
(4) the spread over for the worker shall exceed 12 hours in any one day under the following works under circumstances in factories, dock works, mines, and buildings of other construction, namely;
(a) Urgent repairs;
(b) work in the nature of preparatory or complementary work;
(c) work which is necessary so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the interval for rest;
(d) work which for technical reasons must be carried on continuously;
(e) engaged in making or supplying articles of prime necessity, which must be made or supplied everyday,
(f) engaged in a process which cannot be carried on except during fixed seasons
(g)engaged in a process which cannot be carried on except at times dependent on the irregular action of natural forces;
(h) engaged in an engine room or boiler houses or in attending of power plant on transmission machinery;
(i)engaged in process on account of the breakdown of machinery;
(j)engaged in the loading or unloading of railway wagons or lorries or trucks;
(k) exceptional press of work and
(l) engaged in any work, which is notified by the central government in the Official Gazette as a work of national importance;
Provided that no worker shall be allowed to work overtime exceeding 125 hours in any quarter of the year.
28. Nights Shifts
Where a worker in an establishment works on a shift which extends beyond midnight—
(a) for the purpose of section 26, a weekly holiday for a whole day shall mean in his case a period of 24 consecutive hours, beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of 24 hours, beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
No working journalist shall be employed on a night shift continuously for more than one week at a time or for more than one week in any period of 14 days.
Restriction on double employment in factory and mine: No workers shall be required or allowed to work in a mine or factory if he has already been working in any such other similar establishment within the preceding 12 hours, save in such circumstances as may be prescribed by the appropriate government.
31. Notice of periods of work.
(1) There shall be displayed and correctly maintained in every establishment and notice of period of work, showing clearly for every day the periods during which workers may be required to work in accordance with the provisions of this code.
(2)Any proposed change in the system of work in an establishment which necessary to change in the notice referred to in subsection (1) shall be intimidated to the Inspector-cum-Facilitator before the changes made, and except with the previous sanction of the inspector-cum-Facilitator, no such changes shall be made until one week has elapsed since the last change.
32. Annual Leave with Wages, ETC.
(1) Every worker employed in an establishment shall be entitled for leave in a calendar year, with wages subject to the following conditions, namely: —
(i) that he has worked 180 days or more in such calendar year;
(ii) that he shall be entitled for one-day leave for every 20 days of his work, in the case of adolescent worker for 15 days of his work and in case of worker employed below ground mine, at the rate of one day for every 15 days of his work, in such calendar year;
(iii) any period of layoff, maternity leave or annual leave availed by such worker in such calendar year shall be counted for calculating the period of 180 days or more under clause (i), but he shall not earn for the period so counted.
(iv) any holiday falling between the leave availed by such workers (in a calendar year or prefixed or suffixed holiday) shall be excluded from the period of leave so availed;
(v) in case for such workers who service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate specified in clause (ii), if he has worked for 1/4 of the total number of days in the remainder of the calendar year;
(vi) in case of such workers discharged or dismissed from service, or quit employment, or a superannuated or dies with while in service, during the course of the calendar year, such worker of his heir or nominee shall be entitled to wages in lieu of the quantum of leave to which such worker was entitled immediately before if discharge dismissal, quitting of employment, superannuation or death, calculated as specified in preceding clauses, even if such workers has not worked for the required period under this subsection, making such worker eligible to avail such leave and such payment shall be made—
(a) where such worker is discharged or dismissed, or quit employment before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(b) where such worker is superannuated or dies while in service, before the expiry of two months from the date of such a superannuation or death;
(vii) If such workers does not in any one calendar year, take the whole of the leave allowed to him under this subsection, and the rules made thereunder then any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year, so that —
(a) the total number of days of leave that may be carried forward to a succeeding year shall not exceed 30 days; and
(b) such worker who have applied for leave with wages but has not been given such leave in accordance with this subsection at the rules made thereunder shall be entitled to carry forward the leave refused without any limit;
(viii) without prejudice to clause (vi) such workers shall be entitled on his demand for encashment of leave at the end of the calendar year.
(ix) such workers shall be entitled, where his total number of leave exceeds 30 days under subclause (a) of clause (vii), to encash such exceeded leave.
Procedure for availing leave by working journalist or sales promotion employee: —
(1) A working journalist or sales promotion employee who desire to obtain leave shall apply in writing to the competent officer of the establishment.
(2)Application for leave under subrule (1), other than casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the day of commencement of leave, except in urgent or unforeseen circumstances.
Earned Leave: —
(1) A working journalist or sales promotion employee shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty.
Provided that he shall cease to earn further such leave when they earned leave due amount to 90 days.
(2) The periods spent on duty shall include the weekly days of rest, holidays, casual leave, and quarantine leave.
Wages during earned leave: —
A working journalist or sales promotion employee on earned leave shall draw wages equal to his average monthly wages earned during the period of 12 complete months spent on duty, or if the period is less than twelve complete months during the entire such period immediately preceding the month in which the leave commences.
Cash compensation for earned leave not availed of:
(1) When a working journalist or sales promotion employee voluntarily relinquishes his post or retires from services on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave not availed for up to a maximum of 30 days:
Provided at a working journalist of sales promotion employee who has been refused earned leave due to him shall be entitled to get cash compensation for the earned leave so refused:
Provided further that in the case of a working journalist who dies while in service and who has not availed himself for the earned leave due to him immediately preceding the date of his death, his heirs shall be entitled to cash compensation for the leave not so availed of..
(2) When a working journalist or sales promotion employee’s services are terminated for any reason whatsoever other than any punishment inflicted by way of disciplinary action, he shall be entitled to cash compensation for earned leave not availed of up to a maximum of 90 days.
(3) Such cash compensation shall not be less than amount of wages due to a working journalist or sales promotion employee for the period of leave not availed of the relevant wage, being that which would have been payable to him, and he actually proceeded on leave on the day immediately preceding theoccurence of any of the events specified in sub-rule (1) or (2) as the case may be.
Leave on medical certificate.
(1) A working journalist or sales promotion employee shall be entitled to leave on medical certificate on 1/2 of the wages at the rate of not less than one month for every 18th month of service:
Provided that he shall cease to earn such leave and leave on medical certificate amounts to 90 days.
(2) Such medical certificate shall be from a medical officer:
Provided that when a working journalist has proceeded to a place other than his headquarters with the permission of his employer and falls ill, he may produce a medical certificate from any registered medical officer:
Provided further that the employer may, when the qualified medical practitioner is not in the service of the government, arrange at his own expense, the medical examination of the working journalist or sales promotion employee concerned by any Medical Officer.
(3) Leave on medical certificate may be taken in continuation with earned leave, provided that the total of duration on leave and leave on medical certificate taken together shall not exceed 120 days at any one time.
(4) A working journalist or sales promotion employee shall be entitled at his option to convert leave on medical certificate on 1/2 of the wages to have the amount of leave of full wages.
(5) The ceiling laid down in the provision of sub-rule (1) and sub-rule (3) on the accumulation and total duration of leave may be relaxed by the competent officer in the cases of working journalist or sales promotion employees suffering from lingering illness such tuberculosis.
(6) Leave on medical certificate or converted leave on medical certificate referred to in sub rules (1) and (4) may be granted to a working journalist at his request notwithstanding that earned leave is due to him.
Quarantine Leave. Quarantine leave on full wage shall be granted by the newspaper establishment on the certificate of the authorized medical practitioner designated as such under Section 42 for a period not exceeding 21 days or in exceptional circumstances, 30 days. Any leave necessary for quarantine purposes in excess of that period shall be adjusted against any other leave that may be due to the working journalist or sales promotion employee.
Extraordinary leave: A working journalist or sales promotion employee who has no leave to his credit, may be granted extraordinarily without wages, at the discretion of the newspaper establishment in which such working journalist or sales promotion employees are employed.
Leave not due: — A working journalist or sales promotion employee who has no leave to his credit may be granted at the discretion of the newspaper establishment in which such journalist is employed.
Study Leave. —A working journalist or sales promotion employee may be granted study leave without wages at the discretion of the newspaper establishment in which such working journalist or sales promotion employee is employed.
(1) A working journalist or sales promotion employee shall be eligible for casual leave at the discretion of the newspaper establishment for 15 days in a calendar year:
Provided that no more than five days, casual leave shall be taken at any one time and such leave shall not be combined with any other leave.
(2) Casual leave not availed off during a calendar year will not be carried forward to the following year.
Chapter VIII Inspector-Cum-Facilitators and other Authority
34. Appointment of Inspector Cum Facilitators
The appropriate government may, by notification appoint Inspector-cum-Facilitators for the purposes of this Code, who shall exercise the power conferred on them under this Code throughout their respective jurisdiction specified in the notification.
(2) The Inspector-cum-Facilitators appointed under sub-section (1) shall, apart from other duties to be discharged by them under this Code, conduct such inspections as specified in sub-section (3)
(3)The appropriate government may—
(i) for the purpose of inspection by notification, lay down and inspection scheme which may provide for the generation of web based inspection and calling of information under this Code, electronically and such scheme, have provisions to cater to special circumstances for assigning inspection and calling for information from establishment or any other persons besides web-based inspections; and
(4) the inspection schemes referred to in sub-section (3) may be designed taking into account the following factors, namely—
(a) assignment of unique number, to each establishment (which will be same as the registration number allotted to the establishment registered under Section 3), unique number to each inspector-cum-Facilitator and to each inspection in such manner as may be notified by the appropriate Government;
(b) timely uploading of inspection reports in such manner and subject to such conditions as may be notified in the scheme;
(c)provisions for special inspections based on such parameters as may be notified by the appropriate Government; and
(d) the characteristics of employment, the nature of work, and characteristics of the workplace based on such parameters as may be notified by the appropriate Government.
(5) The appropriate Government may, by notification, appoint any person or persons possessing the prescribed qualification and experience to be Chief Inspector-cum-Facilitator for the purpose of such establishment or class of establishments and for such local limits of jurisdiction as may be specified in the notification:
Provided that a Chief Inspector-cum-Facilitators, may be appointed for the purposes of a State or for the purposes of the whole of the Country.
(6) The appropriate Government may, appoint, as many Additional Chief Inspector-cum-Facilitators, Joint Chief Inspector-cum-Facilitators, and Deputy Chief Inspector-cum-Facilitators or any other officer of any designation. As it thinks appropriate to exercise such power to the Chief Inspector-cum-Facilitator within his jurisdiction, as may be specified in the notification.
(7) Every Additional Chief Inspector-cum-Facilitator, Joint Chief Inspector-cum-Facilitator, Deputy Chief Inspector-cum-Facilitator and every other officer appointed shall, in addition to the powers of the Chief Inspector-cum-Facilitator specified in the notification by which the officer is appointed, exercise the power of an Inspector-cum-Facilitator within such local limits as may be specified in the notification.
(8) No person shall be appointed under this section or, having been so appointed, shall continue to hold office, who is, or who becomes directly or indirectly interested in a workplace or work activity, or in any process or business carried on in any workplace or in any plant or machinery connected therewith.
38. Special Powers of Inspector Cum Facilitator in Respect of Factory, Mines, Dock Work and Building or other construction work.
- Shall have the following special powers in respect of a factory, namely: —
(a) where it appears to the Inspector-cum-Facilitator that conditions in a factory or part thereof are such that they may cause serious hazard or imminent danger by way of injury or death to the person employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of a serious hazard or imminent danger, and prohibits such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard of danger is removed;
(b) any order order issued by the Inspector-cum-Facilitator under subclause (a) shall have effect for a period of three days until extended by the Chief Inspector-cum-Facilitator by a subsequent order;
(c)any person aggrieved by an order of the Inspector-cum-Facilitator under subclause (a), and the Chief Inspector-cum-Facilitator, under Subclause (b), shall have the right to appeal to the High Court;
(d) any person whose employment has been affected by an order issued under sub-clause (a), shall, without prejudice to the rights of the parties under Industrial Disputes Act, 1947, be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible in such manner as may be prescribed by the appropriate Government;
(B) Shall have the following special powers in respect of mines, namely:--
(a) if, in respect of any matter for which no express provision is made by or under this Code, it appears to the Chief Inspector-cum-Facilitator, or an Inspector-cum-Facilitator that any mine or part thereof, or any matter, thing or practice in or connected with the mine, or with control, supervision, management or direction thereof, is dangerous to human life or safety or is defective so as to threaten or tend to cause, the bodily injury of any person, he may give notice in writing thereof to the employer of the mine, stating therein the particulars in respect of which he considers the or part thereof or the matter, thing or practice to the dangerous or defective and require the same to be remedied within such time in such manner as he may specify in the notice.
(b) where the employer of a mine fails to comply with the terms of a notice given under sub-clause (a) within the period specified therein, the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator may, by order in writing prohibit employment in or about the mine or any part thereof of any person whose employment is not, in his opinion reasonably necessary for securing compliance with the terms of the notice;
(d) If the Chief Inspector-cum-Facilitator, an Inspector-cum-Facilitator authorized, by general or special order in writing by the Chief Inspector-cum-Facilitator, is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine, or part thereof, he may, by order in writing, containing a statement of the grounds of his opinion, prohibit until he is satisfied that the danger is removed, the employment in or about his opinion reasonably necessary for the purpose of removing the danger;
(e) every person whose employment is prohibited under sub-clause (b) or sub-clause (d) shall be entitled to payment of all wages for the period for which he had would have been, but for the prohibition, in employment and the employer shall be liable for payment of full wages of that person;
Provided that the employer may, instead of being such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited;
(f) where a notice has been given under sub-clause (a) or an order is made under sub-clause (b) or sub-clause (c) or sub-clause (d) by an Inspector-cum-Facilitator, the employer of the mine may, within ten days after the receipt of the notice or order, as the case may be appeal against the same to the Chief Inspector-cum-Facilitator, who may confirm, modify or cancel the notice of order;
(h) if the employer of the mine objects to one notice sent under sub-clause (a) by the the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or to an order made by the Chief Inspector-cum-Facilitator under sub-clause (c) or sub-clause (d) or sub-clause (f), as the case may be, he may within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the central government, which shall ordinarily within a period of one month from date of receipt of the objection, decide the matter;
(C)Shall have the following special powers in respect of doc work namely: —
(a) if it appears to an Inspector-cum-Facilitator that any place where any dock work is being carried on in such a condition that it is dangerous to life, safety or health of workers employed in dock work him in writing, serve on the employer, an order prohibiting any dock work, in such place until measures have been taken to remove the cause of the danger of his satisfaction;
(b) an Inspector-cum-Facilitator after serving an order under clause (a) shall endorse a copy thereof to the Chief Inspector-cum-Facilitator who may modify or cancel the order without waiting for an appeal;
(c)any person aggrieved by an order under clause (a) or clause (b) may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the Chief Inspector-cum-Facilitator, or where such orders by the Chief Inspector-cum-Facilitator, to the Central Government and the Chief Inspector-cum-Facilitator of the Central Government shall, after giving the appellant and opportunity of being heard, disposed appeal within sixty days;
2 (a) if it appears to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator that any site or place at which any building or other construction work is being carried on, is in such condition that it is changed to life, safety or health of building workers for the general public, he may, in writing serve, on the employer of building workers working at such site or place or on the employer of building workers working at such site or palace or on the person in charge of his such site or place, an order prohibiting any building or other construction work at such site or preventive measures have been taken to remove the cause of the danger to his satisfaction;
(3) any person aggrieved by an order under clause (a) of sub-section (2), may, within fifteen days from the date of which order is communicated to him, prefer an appeal to Chief Inspector-cum-Facilitator, or where such orders by the Chief Inspector-cum-Facilitator or the appropriate Government, as the case may be, shall, after giving the appellant an opportunity of being heard, dispose of the appeal within sixty days.
41. Power of Special Officer to Enter, Measure, ETC., in Relation to Mine.
Any person in the service of the Government duty authorized in this behalf by a special order in writing to the of the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, may, for the purpose of surveying, leveling, or measuring any mine, or any output therefrom, after giving not less than three days notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof, for any output therefrom at anytime by day or night:
Provided that, where in the opinion of the Chief Inspector-cum-Facilitator an emergency exits, he may, by order in writing authorize any such person to enter the mine for any of the aforesaid purposes without giving any such notice.
42 Medical Officer
(1) The appropriate government may appoint medical practitioners having prescribed qualification to be medical officers for the purpose of this Code in relation to factory, mines, plantation, motor transport undertakings and in other establishment as may be prescribed:
Provided that the medical office so appointed shall before entering into their office shall disclose to the appropriate Government their interest in the concerned establishment.
Chapter IX Special Provision Relating to Employment of Women
43. Employment of Women
Women shall be entitled to be employed in all establishment for all types of work under this Code, and they may also be employed with their consent before 6:00 a.m and beyond 7:00 p.m, subject to such conditions relating to safety, holidays and working hours or in other conditions to be observed by the employees may be prescribed anti appropriate Government.
44. Adequate Safety of Employment of Women in Dangerous Operation
Where the appropriate government considers that the employment of women is dangerous for their health and safety, in an establishment or class of establishment, or in any particular hazardous or dangerous processes in such establishment or class of establishments, due to the operation carried out therein, such Government, may in the prescribed manner, require the employer to provide adequate safeguards, pride to the employment of women for such operation.
Chapter X Special Provisions for Contract Labour and Inter-State Migrant Worker, ETC.
Part I: Contract Labour
45 Applicability of this Part
(1) This part shall apply to—
(i) every establishment in which fifty or more contract labor for employed or employed on any day of the preceding twelve months through contract;
(ii) Every man power supply contractor who is employed on any day of the preceding 12 months, 50 or more contract labor.
(2) This part shall not apply to the establishment in which work only of an intermittent or casual nature is performed.
Provided that if a question arises as to whether work performed in an establishment is of an intermittent or casual nature, the appropriate government shall decide that the question, after consultation with the National board or a state Advisory Board and its decision thereon, shall be final.
Explanation— For the purpose of this subsection, work performed in an establishment shall not be deemed to be an intermittent nature. —
(i) if it was performed for more than one hundred and twenty days in the preceding twelve months; or
(ii) If it is off seasonal character and is performed for more than sixty days in a year.
47 Licensing of Contractors
(1)No contractor to whom this part applies Shall—
(a) supply or engage contract labor in any establishment; or
(b) undertake or execute the work through contract labour, except under and in accordance with a license issued to him by the authority referred to in sub-section (1) of section 119, in accordance with the provisions of that section after satisfying that the contractor fulfills such requisite quantifications of criteria as may be prescribed by the Central Government and such license shall, in addition to the requisite particulars and conditions specified in subsection (3), specify the number of such contract labour who shall be supplied or engaged, and the amount of security deposit by the contractor.
(2) Where the contractor does not fulfill the requisite qualification of criteria referred to in sub-section (1), the authority referred to in subsection (1) of Section 119 may issue him a “work specific license” electronically renewable within such period as may be prescribed by the Central Governmentto supply or engage the contract labor, or execute the work through contract labor only, for the concerned work work order as may be specified in specified license and subject to such conditions as may be specified in such license.
Conditions of License:
The contractor shall ensure that—
(a) the hours of work shall conform to the rules made under subsection 25 of the Occupational Safety, health and working conditions for 2020.
(b) the wages shall be paid in accordance with the code of Wages, 2019.
(c)if the contract worker of the contractor is working at the premises of the principal employer, then it shall be the responsibility of the principal employer to provide the facilities or amenities such as toilet, washroom, drinking water, bathing facilities required, changing room, first aid box, canteen, and Creche, and
(d) all other facilities and entitlement shall be provided by the contractor
(e) in case the contractor fails to make payment of minimum wages to the contract worker, then the Chief Labor Commissioner, (Central) or his representative, who shall cause such payment to be made to the contract, workers who have not been paid out of the security deposit as maintained, including the invoking the bank guarantee; and
(f) he shall intimate within fifteen days of the receipt of the contract worker order under about the details the contract work,
48. Procedure for Issue or renewal or License
(1) Subject to the provisions of section 119, every application for issuing a license under section 119 for the purpose of subsection (1) or subsection (2) of section 47 shall be made electronically in such form and manner and shall contains such particulars regarding the number of contract, labour, nature of work for which contract labour is to be employed and such other other particulars, including the information relating to the employment of Inter-state migrant workers as well as described by the appropriate Government.
(2) Subject to the provisions of section 119, the authority referred to in subsection (1) thereof shall follow such procedure as may be prescribed by the appropriate Government.
(3) Subject to the provisions of section 119, the license issued for the purpose of subsection (1) of section 47 shall be valid for a period of five years in respect to the number of contract labour specified therein and in case the contractor wants to increase the number of the contract labour, he shall apply in the prescribed manner for the amendment to the license for such purpose to the authority referred to in sub-section (1) of Section 119, and if license is so amended, the number of contract labour shall be increased ito such extent by depositing such security deposit as specified in the amendment license for the balance period.
Procedure for issue of license under sub-section (2) of section 48—
(1) Before a license is issued, under any rule of these rules, bank guarantees for an amount calculated at the rate of rupees 1000 for each of the worker to be employed as contract labor, in respect of which the application for license has been made, shall be deposited by the contractor for performance of the conditions of the license and compliance with the provisions of the code or the rules made thereunder.
(2)Wherein the issued contract license had expired, based on the request of the applicant in Form, the licensing officer may adjust the security deposit in respect of his application for new license.
Renewal of License under section 48
(1) Every contractor shall apply electronically on the Shram Suvidha porta of the Ministry of Labor and Employment to the licensing authority for renewal of the license.
(2) Every such application shall be submitted on the said portal at least thirty days prior to expiry of license period, but not before 90 days of search expiry of license.
(3)The security deposit and the fee chargeable for renewal of the license shall be of the same as for the grant of license under Rule 74. Provided that if the application for the renewal is not received within the time specified in sub rule (2), an additional fees of twenty-five percent, shall be payable for such renewal.
(4)It shall be the responsibility of the authority concerned to renew license within thirty days.
Refund of Security Deposit—
(1) On expiry of the period of license the contractor may, if he does not intend to have his license renewed further, make an application electronically to the licensing authority for the refund of the security deposited by him (in form of bank guarantee) along with copy of license and notice of completion of work and bank details in which the amount is required to be refunded.
(2) If the licensing authority is satisfied that there is no breach of the conditions of license or there is no order forfeiture depositor any portion th he shall direct the refund of the security deposit to the applicant.
(3) If there is any order directing the forfeiture of any portion of contractors security deposit or any portion thereof, he shall direct the refund of the security deposit and balance, if any, shall be refunded to the contractor.
(4) Any application for refund shall, as far as possible, disposed of within thirty days of the receipt of the application.
50. Information regarding work order to be given to the appropriate government
(1) Every contractor shall within fifteen days of the receipt of a contract work order shall intimate about the contract work order containing the details such as the name of the principal employer, address of the premises where work is being undertaken, date of commencement of the contract work, the number of contract labour employed under the work order, duration of work orders.
(2) The details of the work order shall be sent by the contractor or his authorized representative.
(3) The intimation shall be sent electronically on the Shram Suvidha portal with or e-mail of the Chief Labor Commissioner or his representative, as may be notified on the website of Chief Labor Commissioner (Central).
51. Revocation or Suspension of License
(1) If the licensing authority is satisfied that the license has been obtained by misrepresentation or suppression of any material fact, or in the contractor has failed to comply with the condition, subject to which license was granted or the contractor has contravened any provisions of the Part-I, Chapter-XI of the code or rules made thereunder, the Licensing authority shall issue a show cause notice for 15 days to the contractor electronically. On receipt if any, from the contractor within 15 days, the licensing authority shall examine the same and in case the licensing authority feels the continuation of contract business by the contractor is going to lead to greave harm to the workers, he may pass for Speaking Order recording the reasons for revocation or suspension or otherwise, and communicate with the contractor electronically. A copy of the order shall be endorsed to the Chief Labor Commissioner (C), Labor Enforcement Officer (C) and concerned State Authorities.
(2) If the contractor has complied with the said provisions of the code and rules made thereunder within the stipulated time period, the licensing Authority shall revoke the suspension giving a Speaking Order or else the suspension may be continued.
(3) If the contractor fails to comply with the directions as sub-rule (1), the licensing authority may forthwith pass an order of revocation of license, recording the reasons thereof and communicate with the contractor electronically. The copy of the order shall be endorsed electronically to the Chief Labor Commissioner (C),Labor Enforcement Officer (C) and the concern State Authority.
(1) Any person aggrieved by an order made under section 47, section 48 or section 51 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate authority prescribed by the appropriate Government under sub-section (6) of Section 119:
Provided that the appellate authority my entertain the appeal after the expiry of said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal within thirty days from the date on which the appeal is preferred.
The appellate authority under sub-section (1) of section 52 of the Code shall be Chief Labor Commissioner (Central).
53. Liability of Principal Employer for Welfare Facilities
Welfare facilities specified under section 23 and 24 shall be provided by the principal employer of the establishment to the contract labour who are employed in such a establishment.
54. Effect of employing contract labor from non-licensed contractor.
Where any principal employer of a new establishment is employing contract labour through contractor who is required to obtain a license under this part, but he has not obtained such license, then, such employment shall be deemed to be in contravention of the provisions of this Code.
55. Responsibility for Payment of Wages.
(1) The contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month.
(2) The wages of every person employed as contract labour in an establishment or by a contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages are payable.
(3) The wages shall be disbursed through bank transfer or electronic mode only.
(4) If the contractor was principal employer does not pay the wages to the contract labor employed by him, the Chief Labor Commissioner (Central) or his representative or the competent officers, as may be notified, shall conduct or cause to conduct an inquiry and after giving an opportunity to be heard to the contractor, shall pass in order to make payment, if any, of such wages from the amount deposited by the contractor as security deposit. The contractor shall re-furnish the security deposit within a period of fifteen days, or else his license will be liable to be suspended.
57. Prohibition of Employment of Contract Labour.
(1) Notwithstanding anything contained in this part, employment of contract, labor in core activities of any establishment is prohibited:
Provided at the principal employer may engage contract labor through a contractor to any core activity if—
(a) The normal functioning of the establishment is such that the activity is only done through contractor; or
(b) the activities are such that they do not require full time workers for the major portion of the working hours in a day or for longer periods, as the case may be;
(c)any sudden increase of volume of work in the core activity which needs to be accomplished in a specified time.
(2) (a) The appropriate government may, by notification appoint a designated authority to advise that Government on the question whether any activity of an establishment is a core activity or otherwise;
(b) if a question arises as to whether any activity of an establishment is a core activity, or otherwise, the aggrieved party may make an application in such form and manner as may be prescribed to the appropriate Government for decision;
(c)the appropriate government may refer any such question suo motu or refer the application should designated authority, which on the basis of relevant material in its possession, or after making such an inquiry as it deems fit, shall report to the appropriate Government, within such period and thereafter the appropriate Government shall decide the question within such period as may be prescribed.
Part II: Inter-State Migrant Workers
59. Applicability of Part II
This part shall apply to every establishment in which ten or more inter-State migrant workers are employed or were employed on any day of the preceding twelve months.
60. Facilities to Inter-State Migrant Worker:
It shall be the duty of every contractor or the employer, of an establishment employing inter-State migrant workers in connection with the work of that establishment —
(i) to ensure suitable conditions of work to such worker having regard to the fact that he is required to work in a State different from his own State;
(ii) in case of fatal accident or serious bodily injury to any such worker, to report to the specified authorities of both the States and also the next of kin of the worker
(iii) to extend all benefits to such workers which are available to a worker of that establishment including benefits under the Employees’ State Insurance Act, 1948 or the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 or any other law for the time being in force and the facility of medical check-up as available to a worker under clause (c)of sub-section (1) of section 6.
6.1 Journey Allowance
The employer shall pay a lump sum amount on account of fare for to & fro journey to inter-state migrant worker by train (not less than II Class Sleeper) or by bus or any other mode of passenger transport from the place of employment to the place of residence in the home-state in the event of the following, namely: if he has worked for a period of not less than 180 days in the concerned establishment(s) in preceding twelve months;
Provided that journey allowance shall be given to an inter-state migrant woker once in twelve months. In the event of change of employer by the inter-state migrant worker during the middle of employment period and has not availed the journey allowance from his previous employer, then on the basis of a certificate to be given by inter-state migrant worker is now working and the such worker has completed one hundred and eighty days in preceding twelve months including the period spent with the previous employer, then the employer shall given journey allowance.
66. Prohibition of Employment of Audio-Visual Worker Without Agreement
(1) No person shall be employed as an audio-visual worker in or in connection with production of any audio-visual programme unless—
(a) an agreement in writing is entered into—
(i) with such person by the producer of such audio-visual programme; or
(ii) with such person by the producer of such audio-visual programme with the contractor, where such person is employed through such contractor; or
(iii) with such person by the contractor or other person through whom such person is employed; and
(b) such agreement is registered with the competent authority, to be notified by the appropriate Government, by the producer of such audio-visual programme
(2) Every agreement, referred to in sub-section (1) shall—
(a) be in the prescribed form;
(b) specify the name and such other particulars as may be prescribed by the appropriate Government with respect to, such person to be employed under the agreement as audio-visual worker;
(c)include, where such audio-visual worker is employed through a contractor, a specific condition to the effect that in the event of the contractor failing to discharge his obligations under the agreement to the audio-visual worker with respect to payment of wages or any other matter, the producer of the audio-visual programme shall also be liable to discharge such obligations and shall be entitled to be reimbursed with respect thereto by the contractor.
(4) The agreement referred to in sub-section (1) shall include—
(i) nature of assignment
(ii) wages and other benefits (including provident fund, if covered under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952);
(iii) health and working conditions;
(v) hours of work;
(vi) welfare facilities; and
(vii) dispute resolution process or mechanism, the constitution and other details of which shall be prescribed by the appropriate Government.
Part IV: Mines
(1) Every mine shall be under a sole manager who shall have such qualifications as may be prescribed by the Central Government and the owner or agent of every mine shall appoint a person having such qualifications to be the manager and no mine shall be opened, reopened or worked unless it has a duly appointed manager, who has the prescribed qualifications:
Provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications.
(2) Subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith.
(3) Except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfillment of his statutory duties, to a person, employed in a mine, who is responsible to the manager
68. Code Not to Apply in Certain Cases
(1) The provisions of this Code, except those contained in sections 35, 38, 40, 41 and 44, shall not apply to—
(i) any mine or part thereof in which excavation is being made for prospecting purposes only and not the purpose of obtaining minerals for use and sale:
Provided that —
(a) not more than twenty persons are employed on any one day in connection with any such excavation;
(b) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six meters or, in the cases of an excavation in coal, fifteen meters; and
(c) no part of such excavation extends below superjacent ground; or
(ii) any mine engaged in the extraction of kankar, murram, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand, and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal earth, fullers earth, marl, chalk and limestone:
(a)the working do not extend below superjacent ground; or
(b) where it is an opencast workings—
(i) the depth of the excavation, measured from its highest to its lowest point, nowhere exceeds 6 meters;
(ii) the number of persons employed on any one day does not exceed fifty; and
(iii)explosives are not used in connection with the excavation.
(2) As soon as an establishment becomes a mine, the employer of the mine shall give notice electronically to the Inspector-cum-Facilitator within seven days from the date it becomes a mine.
(3) The Central Government may be an order in writing requires all provisions of the Code shall be applicable, in such mine or part thereof subject to such conditions as hey specify therein.
70. Employment of Persons Below Eighteen Years of Age
(1) No person below eighteen years of age shall be allowed to work in any mine or part thereof.
(2) Notwithstanding anything contained in sub-section (1), apprentices and other trainees, not below sixteen years of age, may be allowed to work under proper supervision, in a mine or part thereof by the manager as referred to in section 67:
Provided that in case of trainees, other than apprentices, prior approval of the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator shall be obtained before they are allowed to work.
(3)The Central Government may prescribe the provisions for medical examination of apprentice, other training and employee in mine to ensure their fitness to work and to prevent the persons below sixteen years of age to work as apprentice or trainee and those who are not adults to work as such employee.
Explanation— in this section, “apprentice” means an apprentice as defined in clause (a) of section 2 of the Apprentice Act, 1961.
- Initial and Periodical Medical Examinations:
(1) The owner, agent or manager of every mine shall make arrangements for—
(a) initial medical examination of every person seeking employment in a mine.
(b) Periodical medical examination of every person employed in a mine annually.
(2) The Periodical medical examination or the X-Ray examination, or both, shall be conducted at more frequent intervals if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease.
- Examining Authorities—
(1) The medical examination aforesaid shall be carried out by a qualified medical practitioner in the employment of the owner of the mine or duly assigned for the purpose of by the owner of group of mines, or by any Government medical officer.
- Notice of Medical Examination—
(1) In respect of initial medical examination, the owner, agent or manager shall give at least seven days prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector-cum-Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority.
(2) In respect of periodical medical examination the manager shall give at least twenty days prior notice in writing to the person to be examined, in Fform to be notified by the Chief Inspector-cum-Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority along with the previous medical certificates issued pertaining to the persons concerned.
(3) A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager, and a copy of every such notice shall be sent by the manager to the examining authority.
(4) The examining Authority shall inform the manager whether the person concerned has appeared for medical examination or not within one week.
- Medical Examination for Women—
A woman employee shall preferably be examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall be medical examined by a male qualified medical practitioner only in the presence of another woman.
- Appeal for re-examination—
(1) Where as a result of an initial medical examination, or of periodical medical examination, a person has been declared unfit for employment in mines or in particular category of mine, or in any specified operations in mine, he may within thirty days of the receipt by him a copy of the certificate, file an appeal with the owner, agent or manager in case of initial medical examination and the manager of the mine in case of Periodical Medical Examination, against that declaration aforesaid, and request for a medical re-examination by an appellate Medical board.
(2) (a) the owner, agent or manager in case of initial medical examination of the mine in case of periodical medical examination shall forward the appeal to the convener of the appellate medical board within fifteen days of the receipt of the appeal.
(b) The convener of the appellate medical board shall give at least fifteen days prior notice to the owner, agent or manager and also the applicant of the medical re-examination.
(c)A person, who for any reasonable cause, fails to submit himself for a medical re-examination, shall be given another notice at least seven days in advance.
Constitution of Appellate Medical Board—
For the purpose of medical re-examination on appeal, the Appellate Medical Board shall be constituted in the following manner, namely;
(1) As an Inspector-cum-Facilitator (Occupational health), who shall also act as the Convener of the Board.
(2)Two qualified medical practitioners duly qualified in allopathic system of medicine and in the employment of the State or Central Government or in the Government undertaking, as nominated by the Chief Inspector-cum-Facilitator.
Provided that, the convener can co-opt any any specialist doctor if the Appellate medical board is of the opinion that such specialist is required to be consulted for specific issues.
Unfit Persons not to be Employed—
(1) Where, as a result of an initial medical examination or a periodical medical examination, a person has been declared unfit for employment in mines on the particular category of mines or in any specified operations in mine, the person, shall not be employed or continue to be employed in the mine or in the category of mines or on the operation specified, after the expiry of thirty days from the date of his medical examination unless he has filed an appeal against the declaration.
(2) Where the person concerned has filed an appeal, but has been declared by the Appellate Medical Board, after a medical re-examination, to be unfit for employment in mines or any particular category of mine or any specified operation in mines, he shall not be employed or continue to be employed in mine or in the category of mine or on the operation specified, after the expiry of thirty days from the date of the medical re-examination by the Appellate Medical Board:
Provided that, if the qualified medical practitioner carrying out the initial medical examination, or the periodical medical examination, the appellate Medical Board carrying out the medical re-examination of the persons already in employment is of the opinion that the disability of the person examined is of nature and degree that it will not seriously affect or interfere with the normal discharge of his duties, it may recommend his continuation in employment in the mine for a period not exceeding six months, during which such person may get his disability cured or controlled and submit himself for another medical examination and be declared fit.
72. Establishment, Maintenance of Rescue Services and Vocational Training
The Central Government may prescribe vocational training and rescue and recovery services for persons employed in a mine—
Constitution of the Board of Vocational Training—
(1) The Board of Vocational Training shall consist of—
(a) The Chief Inspector-cum-Facilitator, who shall be its Chairperson, ex-officio;
(b)three members possessing technical qualification in mining or petroleum engineering and having at least twenty years practical experience, one each in coal mine, metal mines and oil mines to represent each sector appointed by the central Government
(c)two members possessing technical qualifications in Electrical engineering or mechanical engineering or Allied engineering and having at least twenty years of practical experience in mines, appointed by Central Government.
(d)two members serving in an institution imparting education in human resource management at graduation, post-graduation or equivalent level and having fifteen years of experience, appointed by Central Government.
(2) Every member (other than the Chairperson) of the Board of Vocational Training shall hold office for a period of three years from the date of notification appointing him a member of the Board of Vocational Training, or until his successor is appointed and takes charge, whichever is later.
(3) A person who holds, or who has held, office as a member of the Board of Vocational Training shall, subject to the other provisions of this rule, will be eligible for re-appointment to that office not more than two terms.
(4) A member of the Board of Vocational Training (other than the chairperson) shall receive such remunerations as the Central Government may fix.
(5) An Inspector-cum-Facilitator nominated in this behalf by the Chief Inspector-cum-Facilitator shall act as secretary to the Board of Vocational Training, hereinafter referred to in this rule as the Secretary.
(6) The central Government, may, if satisfied that it is necessary to do so in the public interest, re-constitute the Board of Vocational Training, even though the term of office of all or any of the members thereof has not come to an end.
(7) Meetings of the Board of Vocational training shall be held as and when the chairperson considers them necessary and at least once in six months at a place decided the the Chairperson.
(8) (a) For every meeting of the Board of Vocational training, the Chairperson or Secretary shall give to every member who is not absent from India, a prior notice of not less than ten clear days, intimating the time and place of the proposed meeting.
Provided that if at any meeting there is no quorum as specified in Sub-rule (12), the meeting shall stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day. That time, place and agenda for the adjourned meeting shall remain unchanged.
(10) No business shall be transacted at a meeting of the Board of Vocational training unless at least four members, including the Chariperson, are present.
(15) (a) The Chairperson in addition to any other powers and functions conferred upon him under these rules, shall —
(i) present all important papers and matters to the Board of Vocational Training at least ten days before the meeting; Provided that in case of urgency, the subject matter may be placed before the Board of Vocational training two days before the meeting.
(ii)issue orders for carrying out the decisions of the Board of Vocational Training;
(iii) have power to refer, in his discretion, any matter to the Central Government for its order; and
(iv) have powers generally to take such action or pass such orders necessary to implement the decisions of the Board of Vocational Training.
(b) The Chairperson may, during his temporary absence by reasons of leave or otherwise, authorized any member of the Board of Vocational Training to perform all or any of the functions of the chairperson during such absence.
Part V: Beedi and Cigar Worker
74. License to Industrial Premises and Person
(1) no employer shall use or allow to use any place for premises as an industrial premises unless he holds a valid license issued under section 119 for the purpose of this part and no such premises shall be used except in accordance with the terms and conditions of such license.
(2) Any person who intends to use or allows to use any place or premises specified in sub-section (1) shall make an application to the authority referred to in sub-section (1) or section 119, in such form and on payment of such fees as may be prescribed by the State Government, for a license to you, or allow to use, such premises as an industrial premises.
(3) Subject to the provisions of section 119, the application shall specify the maximum number of employees proposed to be employed at any time of the day in the place of premises, and shall be accompanied by a plan of the place or premises prepared in such manner as may be prescribed by the State Government.
(4) Subject to the provisions of section 119, the authority referred to in sub-section (1) thereof shall, in deciding whether to grant or refused to grant a license, have regard to the following matters, namely—
(a) the suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both;
(b) the financial resources of the applicant, including his financial capacity to meet the demands arising out of the provisions of the law for the time being in force relating to the welfare of Labor;
(c)whether the application is made bona fide on behalf of the applicant himself or in benami of any other person;
(d) welfare of the labor in the locality, the interest of the public generally, and such other matters as may be prescribed by the State Government.
(5) Subject to the provisions of Section 119, a license granted under the said section for the purposes of this section shall be valid for five years and may be renewed thereafter.
(6) Subject to the provisions of section 119, an application for the renewal of a license for the purposes of this part shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed by the state government, and where such an application has been made, the license shall be deemed to continue, notwithstanding the expiry of the period there of, until the renewal of the license, or as the case may be, the rejection of the application for the renewable thereof.
Provided that the authority referred to in sub-section (1) of section 119 shall not grant or renew a license unless it is satisfied that the provisions of this part and the rules made thereunder have been compiled with:
Provided further that the authority referred to in sub-section(1)of section 119 shall renew or refused to renew the license within such period as may be prescribed by the state government and in deciding whether to renew a license or to refuse a renewal thereof shall have regard to the matters specified in sub-section (4).
Any person aggrieved by the decision of the authority referred to in subsection (1) of Section 119 refusing to grant or renewal license, or cancelling or suspending a license, relating to this part may, within such time on the payment of such fees as may be prescribed, appeal to the appellate authority referred to in sub-section (6) of Section 119, and such authority may by order confirm, modify or reverse any order refusing to grant or renew a license for cancelling or suspending the license relating to this part.
76. Permission to Work by Employees Outside Industrial Premises
(1) The State Government may permit the wetting or cutting of beedi or tobacco leaves by employees outside the industrial premises on an application made to it by the employer on behalf of which employees, subject to such conditions as may be prescribed.
(2) The employer shall maintain the record of the work permitted under subsection (1), to be carried on outside the industrial premises, in such form as may be prescribed.
(3) Save an otherwise provided in this section, no employer shall require or allow any manufacturing process connected with the making of beedi or cigar or both to be carried on outside the industrial premises:
Provided that nothing in this sub-section shall apply to any worker who is given raw material by an employee or a contractor to make beedi or cigar or both at home.
Nothing in this part shall apply to the owner or occupier of a private dwelling house, not being an employee of an employer to whom this part applies, who carries on and manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling, house and dependent on him.
Explanation— For the purpose of this section—
(i) “family” does not include child, as defined in the child and adolescent prohibition and Regulation Act, 1986 for this section;
(ii) “private dwelling house” means a house in which persons engaged in the manufacture of beedi or cigar or both reside.
Part VI: Building or Other Construction Workers
78. Prohibition of employment of certain persons in certain building or other construction work
No person, about whom the employer knows or has reason to believe that he is a deaf or he has a defective vision, or he tendency to giddiness, shall be required to allowed or allowed to work in any such operation of building or other construction work which is likely to involve risk of any accident, either to the building worker himself or to any other person.
Part VII: Factories
79. Approval and Licensing of Factories
(1) The appropriate Government may make rules in respect of factory or class or description of factories for—
(a) the submission of plans, including specifications, nature and certification thereof; and
(b) the previous permission for the site on which the factories is to be situated and for the construction or extension thereof; and
(c)subject to the provision of subsection 119, licensing and renewal thereof, including fees to be payable for such licensing and renewal if required, as the case may be.
(2) If on an application from permission referred to in clause (b) of sub-section (1), accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or ChiefInspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding thirty days the permission applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission to the site, construction or extension of a factory, 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 limit 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 condition from the evolution or emission of steam, heat or dust or fumes injurious to health.
80. Liability of Owner of Premises in Certain Circumstances
Where any premises or separate buildings are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories utilizing such common facilities, which include safety and fire prevention and protection, access, hygiene, occupational health, ventilation, temperature, emergency preparedness and response, canteens, shelter, restrooms and creches shall jointly and severely be responsible for provisions and maintenance of such common facilities and services as may be prescribed by the appropriate government.
81. Power to Apply Code to Certain Premises
(1) The appropriate Government may, by notification, declare that all or any of the provisions of this part shall apply to any place wherein a manufacturing process is carried on with or without the aid of power, or, if ordinarily carried on, irrespective of the number of workers working in the factory.
(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this code, and the owner shall be deemed to be the occupier, and any person working therein, a worker.
82. Dangerous Operations
The appropriate Government may by rules make the provisions relating to any factory or class for description of factories in which manufacturing process or operation is carried on, which exposes any of the persons employed in it to a serious risk of bodily injury, poisoning or disease for—
(a) Specifying the manufacturing process or operation and declaring it to be the dangerous;
(b)prohibiting or restricting the employment of pregnant women in the manufacturing process for operation;
(c)the periodical medical examination before, or at any time during the employment to ascertain the fitness of a worker or employee for such employment on the cost of the occupier; and
(d) welfare amenities, sanitary facilities, protective equipment and clothing and other requirements necessary for dangerous operations.
83. Constitution of Site Appraisal Committee
(1) The appropriate Government may, constitute one or more site appraisal committees, consisting of a chairman and other members for such purpose as may be prescribed, including to consider and to give recommendations on an application for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of such factory.
(2) The site approval committee referred to in sub-section (1) shall make its recommendation within a period of thirty days, of the receipt of the application for any of the purpose referred to in the sub-section in such form, as may be prescribed.
84. Compulsory Disclosure of Information by Occupier
(1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed by the State Government all information regarding dangers including health hazards and the measures to overcome such hazards arising from the exposure to our handling of the materials or substances in the manufacture, transportation, storage and other processes to the workers employed in the factory, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the local authority within whose jurisdiction the factory is situate and general public in the vicinity.
(2) Every occupier of a factory shall, if such factory proposes to engage in a hazardous process at any time after the commencement of this code, within a period of thirty days before the commencement of such process, inform the Chief Inspector-cum-Facilitator about the nature and details of the process in such form and in such manner as may be prescribed by the State Government.
85. Specific Responsibility of the Occupier in Relation to Hazardous Processes
Every occupier of a factory involving any hazardous process shall—
(a) maintain accurate and up-to-date health records, or as the case may be, medical records of the workers in the factory who are exposed to any chemical, toxic, or any other harmful substances which are manufactured, stored, handled, or transported, and any such record shall be accessible to the workers subject to such conditions as may be prescribed by the State Government;
(b) appoint persons who possess prescribed qualification and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed by the state government:
Provided that where any questions arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be final;
(c)Provide for medical examination of every worker—
(i) before such worker is assigned to a job involving the handling of or working with, a hazardous substance; and
(ii) while continuing in such job, and after he has ceased to work in such job at intervals not exceeding twelve months, in such manner as may be prescribed by the State Government.
86. National Board to Inquire into Certain Situations
(1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in hazardous process, direct the National board to inquire into the standards of health and safety absorbed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed by the State Government for the health and safety of the workers employed in the factory or the general public affected or likely to be affected due to such failure or neglect and for the prevention of recurrence of such extraordinary situation in future in such factory or elsewhere.
(2) The recommendations of the National Board shall be advisory in the nature.
88. Permissible Limits of Exposure of Chemicals and Toxic Substances
The maximum permissible limits of exposure of chemical and toxic substances in manufacturing process in any factory shall be of the value as may be prescribed by the state government.
89. Rights of Workers to Warn About Imminent Danger
(1) Where the workers employed in any factory engaged in a hazardous process, have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee, and simultaneously bring the same to the notice of the Inspector-cum-Facilitator.
(2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action, as if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the Inspector-cum-Facilitator.
(3) If the occupier, agent, manager or the person in-charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger, as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator whose decision on the question on the existence of such imminent danger shall be final.
Part VIII: Plantation
92. Facilities for Workers in Plantation
The State Government may prescribe requiring every employer tot make provisions in his plantation for—
(a) necessary housing accommodation, including drinking water, kitchen and toilet, to every worker employed in the plantation, (including his family);
(b)Creches facilities where in the plantation, fifty or more workers, (including workers employed by any contractor) are employed or were employed on any day of the preceding twelve months; Provided that, —
(i) and establishment may avail common creche facility of the Central Government, State Government, Municipality or private entity, or provided by the non-governmental organization or by any other organization; or
(ii) a group of establishments may agree to pool their resources for setting up of common creche;
(c) educational facilities for the children of the workers employed in the plantation where the children between the ages of six to twelve of the workers exceed twenty-five in number;
(d) health facilities to every worker employed in the plantation, (including his family) or provide coverage under the Employee State Insurance Act, 1948; and
(e) recreational facilities for the workers employed in the plantation.
(2) An employee of the plantation shall be responsible to provide and maintain welfare facilities for which the workers in the plantation are entitled under this code, either from his own resources or through the schemes of the Central Government or State Government, Municipality or panchayat for the locality in which the plantation is situated.
(1) In every plantation, arrangements shall be made by the employer to provide for the safety of a worker in connection with the use, handling, storage and transportation of insecticides, pesticides, and chemicals and toxic substances.
(2) The state government may prescribe for special safeguards for the employment of women or adolescents in using or handling hazardous chemicals.
(3) The employer of plantation, shall appoint persons possessing their prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation.
(4) Every employer of a plantation shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involving in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the State Government.
(5) Every worker in a plantation who is exposed to insecticides, pesticides, chemicals and toxic substance shall be medically examined periodically, in such manner as may be prescribed by the State Government.
(6) Every employer of plantation shall maintain health record of every worker in plantation who is exposed to insecticides, pesticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record.
(7) Every employer of a plantation shall provide—
(a) washing, bathing and clock room facilities; and
(b) protective clothing and equipment, to every worker engaged in their handling insecticide, pesticide, chemicals and toxic substances in such manner as may be prescribed by the State Government.
(8)Every employer of a plantation shall display in the plantation a list of permissible concentrations of insecticide, pesticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of insecticide, pesticide, chemicals and toxic substances in the plantation.
(9) Every employer of a plantation shall exhibit such precautionary notices in the plantation as may be prescribed by State Government indicating the hazards of insecticides, pesticides, chemicals and toxic substances.
Chapter XI Offenses and Penalties
94. General Penalty for Offences
If in, or in respect of, any establishment, there is any contravention of the provisions of this code or regulations or rules or bylaws or any of the standards, made thereunder or of any order in writing given under this code or such regulations or rules, or by laws or standards, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty, we shall not be less than two Lakhs rupees, which may extend up to ₹3,00,000, or, if the contravention is continued after the conviction, then with further penalty which may extend to 2000 rupees for each day till such contravention continues.
95. Punishment for Causing Obstruction to Chief Inspector-cum-Facilitator or Inspector-Cum-Facilitator, ETC.
(1) Whoever willfully—
(i) prevent or causes obstruction to a Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or an officer of the appropriate Government, or a person authorized to discharge any duty, or to exercise any powers under this code, or the rules for the regulations or the bylaws made thereunder, from discharging such duty, or exercising such power; or
(ii) refuses entry to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator , or person or public authority referred to in clause (i) of sub-section (1) of section 35, or expert referred to in section 37, to any place where for Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or such person or authority or expert is entitled to enter; or
(iii) fails or refuses to produce any document which he is required to produce; or
(iv) fails to comply with any requisition or order issued to him,
under this code or the rules, regulation or bylaws made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to one lakh rupees, or with both.
(2) Where any person convicted of an offense punishable under sub-section (1) is again convicted of an offense under the same provisions, then, he shall be punishable with imprisonment for a term which may extend to six months or with fine, which shall not be less than one lakh rupees, but which may extend to two lakh rupees, or with both.
Chapter XII Maintenance of Register, Records and Returns
96. Penalty for Non-Maintenance of Register, Records and Non-Filing of Return, ETC.
(1) Any person, who is required under this code or the rules or regulations or bylaws or order made thereunder to—
(i) maintain any register or other document, or to file returns, omits or fails to maintain such register or documents or to file such returns; or
(ii) produce any register or plan or record or report or any other document, omits or fails to produce such register or plan or record or report or such other document, he shall be liable to penalty, which shall not be less than ₹50,000 which may extend to 1,00,000 rupees.
(2) Where any person convicted of an offense punishable under sub-section (1)is again convicted of an offense under the same provisions, then he shall be liable to penalty, which shall not be less than ₹50,000, but which may extend to two lakh rupees.
97. Punishment for Contravention of Certain Provisions
(1) Any person, who, save as permitted by or under this code, contravenes any—
(i) provision of this code or of any rule regulation or bylaws; or
(ii) order made under this Code prohibiting, restricting or regulating the employment of workers, including women, audio-visual worker and contract labor and employee, below eighteen years of age in case of mines, he shall be liable to penalty which shall not be less than ₹50,000, but which may extend to one lakh rupees.
(2) Where any person convicted of an offense punishable under sub-section (1) is again convicted of an offense under the same provision, then, he shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to two lakh rupees, or with both.
98. Punishment for Falsification of Records, ETC
(a) produces false record for counterfeits or knowingly makes an or produces or uses a false statement declaration or evidence regarding any document in connection with compliance of any of the provisions of this code or any rules, regulation or bylaws or any order made thereunder; or
(b) Falsifies any plan or section, the maintenance of which is required by or under this code or produces before any authority such plan or section , knowing the same to be false; or
(c)makes, gives or delivers knowingly a false plan, section, return, notice, record, or report containing a statement entry or detail, he shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one lakh rupees, or with both.
(2)Where any person convicted of an offense punishable under sub-section (1) is again convicted of an offense under the same provisions, then he shall be punishable with imprisonment for a term which may extend to six months or with fine, which shall not be less than one lakh rupees, but which may extend to ₹2,00,000, or with both.
99. Penalty for Omission to Furnish Plans, ETC
Any person who, without reasonable excuse, the burden of proving which shall lies upon him, omits to make or furnish in the prescribed form or manner, or at or within the prescribed time, any plan, section, return, notice, register, record or report, required by or under any provision of this Code to be made or furnished, he shall be liable to penalty which shall not be less than one lakh rupees, but which may extend to ₹2,00,000.
100. Punishment for Disclosure of Information
Whoever being the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator , or any other person referred to in section 39 or Section 121 discloses, contrary to the provisions of that section, any such information and is referred to in that section without the consent of the appropriate Government, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to one lakh rupees, or with both.
101. Punishment for Wrongfully Disclosing Results of Analysis
Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offense punishable under this code, publishes for discloses to any person the results of an analysis, of a sample or substance used or intended to be used in any process under this code shall be punishable with imprisonment for a term which may extend to six months, or with fine, which may extend to fifty thousand Rupees, or with both.
102. Punishment for Contravention of Provisions of Duties Relating to Hazardous Processes
(1) Whoever fails to comply with or contravenes any of his duties specified under—
(i) clauses (a) to (h) of subsection (1) or subsection (2)of subsection 6, or clause (d) of Section 13, in so far as such duty relates to hazardous processes; or
(ii) section 80, shall in respect to such failure or contravention, be punishable with an imprisonment for a term which makes extend to two years or with fine, which may extend to ₹5,00,000 and in case of failure or contravention continues, with additional fine which may extend to ₹25,000 for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees; or with both.
103. Punishment for Contravention of Provisions of Duties Relating to Safety Provisions Resulting in an Accident
(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bylaws or orders made thereunder and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing—
(a) death, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakhs, or with both; or
(b) serious bodily injury to any person within the establishment, he shall be punishable with imprisonment for a term which may extend to one year, or with a find which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both:
Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent thereof, shall be given as compensation to the victim or to legal heirs of the victim, in the case of his death.
(2) Where a person having been convicted under sub-section (1) is again convicted thereunder, shall be punishable with double the punishment provided under that sub-section for first conviction.
104. Special Provision for Contravention of Order Under Section 38
Whoever continues to work in contravention of any general or special order issued under the provisions of section 38, shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees:
Provided that the court shall not impose a fine under this section which shall be less than two lakh rupees without recording in the judgement the reason for imposing such fine.
105. Failure to Appoint Manager in Mine
Whoever in compliance of the provisions of section 67, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one lakh rupees, or with both.
106. Offences by Employees
(1) Subject the provisions of section 13, except clause (d) thereof, if any employee employed in a workplace contravenes any provision of this Code or any rules or orders made thereunder, imposing any duty or liability on employee, he shall be punishable with penalty which may extend to ten thousand rupees.
(2) Where an employee is convicted of an offense punishable under sub-section (1), the employer of the establishment shall not be deemed to be guilty of an offense in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
Chapter XIII Social Security Fund
(1) There shall be established by the appropriate Government a social Security fund for the welfare of the unorganized workers to which there shall be credited the amount received from composition of the offence as specified in sub-section (4) of section 114 and the amount of the penalty as specified in sub-section (6) of section 111.
(2) The fund may adobe funded by such other sources as may be prescribed by the appropriate Government.
(3) The fund shall be administered and extended for welfare of the unorganized workers in such manner as may be prescribed by the appropriate Government including the transfer of the amount in the fund to any fund established under any other law for the time being in force for the welfare of the unorganized workers.
Chapter XIV Miscellaneous
119. Common License for Contractor, Factories and to Industrial Premises, ETC
(1) Any person desirous of obtaining common licence in respect of a factory, industrial premises for beedi and cigar work and for engaging contract workers or any combination thereof or single licence for any one of them under this Code shall make an application electronically or otherwise to such authority as may be designated, by notification, by the appropriate Government.
(2) The application under sub-section (1) —
(a) shall be in such form and filed in such manner and accompanied by such fee and contain such information as may be prescribed by the appropriate Government;
(b) shall, in so far as it relates to the license for engaging contract labours, contain the number of inter-state migrant employed.
(3) On receipt of an application under sub-section (1), the authority referred to in that sub-section shall take such actions in such manner and make suh inquiry as may be prescribed by the appropriate Government.
(4) Where the authority referred to in sub-section (1) is satisfied that the common license may by issued in respect of a factory, industrial premises for beedi and cigar work and for engaging contract workers or any combination thereof or single license for any one of them under this Code, such authority shall issue a license electronically within forty-five days of the receipt of application failing which the license shall be deemed to be issued and shall be auto-generated and
Provided that where the license is deemed to be issued, no further inquiry shall be made:
Provided further that the form of licence shall, as far as practicable, be similar throughout India:
Provided also that where such authority rejects the application he shall assign the reason for such rejection
(6) Any person aggrieved by an order passed under this section by the authority referred to in sub-section (1) may file, within thirty days from the date of the order, an appeal in such form, accompanied with such fee to such appellate authority as may be prescribed by the appropriate Government and the appeal shall be disposed of electronically within thirty days of the filing of the appeal
128. Power to Exempt During Public Emergency
In case of a public emergency or disaster or pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any workplace or work activity or class thereof from all or any of the provisions of this Code for such period and subject to such conditions as it may think fit:
Provided that no such notification shall be made for a period exceeding one year at a time.
132. Power to Remove Difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code, as appears to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date on which this Code comes into force.
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The Occupational Safety, Health, and Working Conditions Code, 2020 is a code that consolidates and amends the laws governing workplace safety, health, and working conditions for those employed in a business.
The Code unifies 13 Act of legislation that govern health, safety, and working conditions. Factory workers, mine workers, dock workers, building and construction workers, plantation workers, contract workers, interstate migrant workers, working journalists, vehicle transport workers, sales promotion personnel, and cine workers are all covered by these regulations.
Employers should think about how they'll meet the new criteria. Employers should keep an eye out to see if the relevant State governments have produced draught laws that will provide clarification on the form and substance of the necessary appointment letter, as well as whether any existing employment contract will suffice. Employers should also examine their use of contract labour to ensure that it is not being used for essential tasks.