OSHBot/osh_sections_vectors huggingface dataset:
134. Repeal and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
(vi)
1
THE OCCUPATIONAL SAFETY, HEALTH AND WORKING
CONDITIONS CODE, 2019
A
BILL
to consolidate and amend the laws regulating the occupational safety, health and
working conditions of the persons employed in an establishment and the matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Occupational Safety, Health and Working
Conditions Code, 2019.
(2) It extends to the whole of India:
Provided that the provisions of this Code in so far as they relate to the beedi and
cigar and plantation shall not be applicable in the State of Jammu and Kashmir:
Short title,
extent,
commencement
and
application.
Bill No. 186 of  2019
AS INTRODUCED IN LOK SABHA
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2
Provided further that the provisions of this Code in so far as they relate to the
mines shall extend to whole of India, including the territorial waters, continental shelf,
exclusive economic zone and other maritime zones of India as defined under the
Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime
Zones Act, 1976.
(3) It shall come into force on such date as the Central Government may, by
notification, appoint; and different dates may be appointed for different provisions of
this Code and any reference in any such provision to the commencement of this Code
shall be construed as a reference to the coming into force of that provision.
(4) It shall not apply to the offices of the Central Government, offices of the State
Government and any ship of war of any nationality.
4. (1) Any person aggrieved by an order made under section 3 may, within thirty
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 in this behalf by the appropriate
Government:
Appeal.
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 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
cause 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 a
period of thirty days from the date of receipt of such appeal.
7. (1) The owner and agent of every mine shall jointly and severally be responsible
for making financial and other provisions and for taking such other steps as may be
necessary for compliance with the provisions of this Code and the regulations, rules,
bye-laws and orders made thereunder.
(2) In the event of any contravention by any person whosoever of any of the
provisions of this Code or of the rules, regulations, bye-laws or orders made thereunder,
relating to mine, except those which specifically require any person to do any act or
thing or prohibit any person from doing an act or thing, besides the person who
contravenes, then, each of the following persons shall also be deemed to be guilty of
such contravention unless he proves that he had used due diligence to secure
compliance with the provisions and had taken reasonable means to prevent such
contravention, namely:—
(a) the official or officials appointed to perform duties of supervision in
respect of the provisions contravened;
(b) the manager of the mine;
(c) the owner and agent of the mine;
(d) the person appointed, if any, to carry out the responsibility under
section 24.
(3) It shall not be a defence in any proceedings brought against the owner or
agent of a mine under this section that the manager and other officials have been
appointed in accordance with the provisions of this Code or that a person to carry the
responsibility under section 24 has been appointed.
9. (1) It shall be the duty of the architect, project engineer or designer responsible for
any building or other construction work or the design of any project or part thereof relating
to such building or other construction work to ensure that, at the planning stage, due
consideration is given to the safety and health aspects of the building workers and employees
who are employed in the erection, operation and execution of such projects and structures,
as the case may be.
(2) Adequate care shall be taken by the architect, project engineer and other
professionals involved in the project referred to in sub-section (1), not to include anything
in the design which would involve the use of dangerous structures or other processes or
materials, hazardous to health or safety of building workers and employees during the
course of erection, operation and execution, as the case may be.
(3) It shall also be the duty of the professionals, involved in designing the buildings
structures or other construction projects, to take into account the safety aspects associated
with the maintenance and upkeep of the structures and buildings where maintenance and
upkeep may involve special hazards.
10. (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 forty-eight hours or more immediately following the accident or
which is of such nature as may be prescribed by the appropriate  Government, then,—
(a) employer or owner or agent or manager referred to in section 64 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 such establishment if it is plantation, building or other
construction work or in relation to 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 sub-section (1) relates to an accident causing death in
an 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. Where in an establishment there is any dangerous occurrence of such nature,
(whether causing any bodily injury or disability, or not) the employer shall send notice
thereof to such authorities, and in such form and within such time, as may be prescribed by
the appropriate Government.
Duties of
architects,
project
engineers and
designers.
Notice of
certain
accident.
Notice of
certain
dangerous
occurrences.
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12. (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
sub-section (2), he shall be punishable with fine which may extend to ten thousand rupees.
13. Every employee at work place shall—
(a) take reasonable care for the health and safety of himself and of other persons
who may be affected by his acts or omissions at the workplace;
(b) comply with the safety and health requirements specified in the standards;
(c) co-operate with the employer in meeting the statutory obligations of the
employer under the Code;
(d) report any situation which is unsafe or unhealthy, that comes to his attention,
as soon as practicable, to his employer or to the health and safety representative and
in case of mine to the owner or agent or manager referred to in section 64, safety
officers or an official for his workplace or section thereof, as the case may be, who
shall report it to the employer;
(e) not wilfully interfere with, or misuse, or neglect any appliance, convenience
or other thing provided at workplace for the purpose of securing the health, safety and
welfare of workers;
(f) not do, wilfully and without reasonable cause, anything, likely to endanger
himself or others; and
(g) perform such other duties as may be prescribed by the appropriate
Government.
14. (1) Every employee in an establishment shall have the right to obtain the information
from the employer relating to employee’s health and safety at work and represent to the
employer directly or through a member of the Safety Committee, if constituted by the employer
for such purpose, regarding inadequate provision for protection of his safety or health in
connection with the work activity in the workplace, and if not satisfied, to the Inspector-
cum-Facilitator.
(2) Where the employee referred to in sub-section (1) in any workplace have reasonable
apprehension that there is a likelihood of imminent serious bodily injury or death or imminent
danger to health, they may bring the same to the notice of their employer directly or through
a member of the Safety Committee referred to in sub-section (1) and simultaneously bring
the same to the notice of the Inspector-cum-Facilitator.
(3) The employer or any employee referred to in sub-section (1) shall take immediate
remedial action 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.
(4) If the employer referred to in sub-section (3) is not satisfied about the existence of
any imminent danger as apprehended by his employees, he shall, nevertheless, refer the
matter forthwith to the Inspector-cum-Facilitator whose decision on the question of the
existence of such imminent danger shall be final.
Notice of
certain
diseases.
Duties of
employees.
Rights of
employee.
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16. (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 to the Central Government on the matters relating to—
(a) standards, rules and regulations to be framed under this Code;
(b) implementation of the provisions of this Code and the rules and regulations
relating thereto;
(c) the issues of policy and programme relating to occupational safety and
health referred to it, from time to time, by the Central Government; and
(d) any other matter relating to this Code referred to, from time to time, by the
Central Government.
(2) The National Board shall consist of—
(a) Secretary, (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 4 States (by rotation as
the Central Government may deem fit)—Member (ex officio);
(h) Director General, Employee State Insurance Corporation, New Delhi—Member
(ex officio);
(i) Director General, Health Services, New Delhi—Member (ex officio);
(j) five representatives of employers—Member (ex officio);
(k) five representatives of employees—Member (ex officio);
(l) five eminent persons connected with the field of Occupational Safety and
Health, or representatives from reputed research institutions or similar other
discipline —Member:
(m) Joint Secretary, (ex officio).
(3) The terms of office of the Members referred to in clause (g), (j), (k) and (l) of
sub-section (2) shall be of three years and the procedure to be followed in their appointment,
the discharge of their functions by the National Board shall be such as may be prescribed by
the Central Government.
(4) The Central Government may, in consultation with the Board, determine the number,
nature and categories of other officers and employees required to assist the Board in the
efficient discharge of its functions and terms and conditions of service of such officers and
employees of the Board shall be such as may be prescribed by the Central Government.
Duty not to
interfere with
or misuse
things.
National
Occupational
Safety and
Health
Advisory
Board.
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(5) The Central Government may constitute as many technical committees or 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 sub-section (1).
17. (1) The State Government shall constitute a Board to be called the State Occupational
Safety and Health Advisory Board (hereinafter referred to as “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 such Advisory Board
shall be such as may be prescribed by the State Government.
(3) The State Government may constitute as many technical committees or advisory
committees of such Advisory Board including site appraisal 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. (1) The Central Government shall declare, by notification, standards on occupational
safety and health for work places relating to factories, mines, dock work, building and other
construction work and other establishments.
(2) In particular and without prejudice to the generality of the power to declare standards
to be followed under sub-section (1), such standards shall relate to—
(a) physical, chemical, biological and any other hazards to be dealt with for the
period of 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 employee has regular exposure
to such hazards;
(b) the norms—
(i) appraising the hazards to employees and users to which they are
exposed;
(ii) relating to relevant symptoms and appropriate energy treatment and
proper conditions and precautions of 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 procedures like safety audit, hazard and operability
study, fault-free analysis, event-free analysis and such other requirements;
(c) the medical examination including criteria for detection and reporting of
occupational diseases 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 work places 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 workplaces 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.
State
Occupational
Safety and
Health
Advisory
Board.
Occupational
safety and
health
standards.
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(3) Notwithstanding anything contained in section 123, the Central Government may,
on the basis of the recommendation of the National Board and after notifying its intention so
to do for not less than forty-five days’, by notification, amend the Second Schedule to this
Code.
(4) The State Government may, with the prior approval of the Central Government, by
notification amend the standards made under sub-sections (1) and (2) for the establishment
for which it is the appropriate Government situated in the State.
20. (1) At any time during the normal working hours of an establishment or at any
other time,—
(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 officer as may be authorised by the appropriate Government in
the case of any other establishment or class of establishment,
as he may deem necessary, after giving notice in writing to the employer, conduct survey 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 purposes of this sub-section, 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 the
occupational health of such other establishment or class of establishments, as the case may
be.
(2) For the purpose of facilitating surveys under sub-section (1) 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 under sub-section (2) shall, for the purpose of calculating wages and extra
wages for overtime work, be deemed to be working hour for him.
Explanation.—For the purposes of this section, the report submitted to the appropriate
Government by the person conducting the survey under sub-section (1) shall be deemed to
be a report submitted by an Inspector-cum-Facilitator under this Code.
22. (1) The appropriate Government may, by general or special order, require any
establishment or class of establishments to constitute in the prescribed manner a Safety
Committee consisting of representatives of employers and workers engaged in such
establishment in such manner that the number of representatives of workers on the Committee
Research
related
activities.
Safety and
occupational
health
surveys.
Statistics.
Safety
Committee
and safety
officers.
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shall not be less than the number of representatives of the employer and the representatives
of the workers shall be chosen in such manner and for such purpose as may be prescribed by
appropriate Government.
(2)  In every establishment relating to,—
(a) factory and building and other construction work wherein five hundred
workers or more; or
(b) mine wherein one hundred workers or more, are 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.
CHAPTER V
HEALTH AND WORKING CONDITIONS
23. (1) The employer shall be responsible to maintain in his establishment such health
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 sub-section (1),
the Central Government may prescribe for providing all or any of the following matters in the
establishment or class of establishments, namely:—
(i) cleanliness and hygiene;
(ii) ventilation, temperature and humidity;
(iii) environment free from dust, noxious gas, fumes and other impurities;
(iv) adequate standard of humidification, artificially increasing the humidity of
the air, ventilation and cooling of the air in work rooms;
(v) potable drinking water;
(vi) adequate standards to prevent overcrowding and to provide sufficient space
to employees or persons, as the case may be, employed therein;
(vii) adequate lighting;
(viii) sufficient arrangement for latrine and urinal accommodation to male, female
and transgender separately for employees maintaining hygiene therein;
(ix) effective arrangements for treatment of wastes and effluents; and
(x) any other arrangement which the Central Government considers appropriate.
CHAPTER VI
WELFARE PROVISIONS
26. (1) No worker shall be allowed to work in an establishment for more than six days
in a week:
Provided that in any motor transport undertaking, an employer may, in order to prevent
any dislocation of a motor transport service, require a worker to work on any day of rest
which is not a holiday so arranged that the worker does not work for more than ten days
consecutively without a holiday for a whole day intervening.
(2) The appropriate Government may, by notification, exempt such workers as it thinks
fit from the provisions of sub-section (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
provisions of this Code exempting an establishment or the workers therein from the provisions
of sub-section (2), 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 the two months immediately
following that month, compensatory holidays of equal number to the holidays so deprived.
27. There shall be paid wages at the rate of twice the rate of wages in respect of
overtime work, where a worker works in an establishment or class of establishments for more
than such hours of work in any day or in any week as prescribed by the appropriate
Government and the period of overtime work shall be calculated on a daily basis or weekly
basis, whichever is more favourable to such worker:
Provided that no worker shall be required to work overtime by the employer without
the prior consent of the worker in writing for such work.
28. Where a worker in an establishment works on a shift which extends beyond
midnight,—
(a) for the purposes of section 26, a holiday for a whole day shall mean in his
case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four
hours beginning when such shift ends, and the hours he has worked after midnight
shall be counted in the previous day.
29. (1) The work shall not be carried on in any establishment by means of a system of
shifts so arranged that more than one relay of workers is engaged in work of the same kind
at the same time.
(2) The appropriate Government or subject to the control of the appropriate Government,
the Chief Inspector-cum-Facilitator, may, by written order and for the reasons specified
therein, exempt on such conditions as may be deemed expedient, any establishment or class
of establishments or any department or section of an establishment or any category or
description of workers therein from the provisions of sub-section (1):
Provided that the provisions of this sub-section shall not apply to mines.
31. (1) There shall be displayed and correctly maintained in every establishment a
notice of periods 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) The form of notice required by sub-section (1), the manner of display of such
notice and the manner in which such notice shall be sent to the Inspector-cum-Facilitator
shall be such as may be prescribed by the appropriate Government.
(3) Any proposed change in the system of work in any establishment which will
necessitate a change in the notice referred to in sub-section (1) shall be intimated to the
Weekly and
compensatory
holidays.
Extra wages
for overtime.
Night shifts.
Prohibition
of
overlapping
shifts.
Restriction
on double
employment
in factory
and mine.
Notice of
periods of
work.
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Inspector-cum-Facilitator before the change is made, and except with the previous sanction
of the Inspector-cum-Facilitator, no such change shall be made until one week has elapsed
since that last change.
33.  An employer of an establishment shall—
(a) maintain register in prescribed form, electronically or otherwise, containing
such particulars of workers as may be prescribed by the appropriate Government
including,—
(i) work performed by them;
(ii) number of hours of work constituting normal working hours in a day;
(iii) day of rest allowed in every period of seven days;
(iv) wage paid and receipts given therefor;
(v) leave, leave wages, overtime work, attendance and dangerous
occurrences; and
(vi) employment of adolescent;
(b) display notices at the workplace of the workers in the manner and form as
may be prescribed by the appropriate Government;
(c) issue wage slips to the workers, in electronic forms or otherwise; and
(d) file such return electronically or otherwise to the Inspector-cum-Facilitator
in such manner and during such periods as may be prescribed by the appropriate
Government.
CHAPTER IX
INSPECTOR-CUM-FACILITATORS AND OTHER AUTHORITY
37. The appropriate Government may, by notification, empanel experts possessing
such specialised qualifications and experience as may be prescribed, and authorise the
employers of such start up establishments and class of other establishments to choose any
of such experts as are specified in the notification for third party certification in respect of
such start up establishments and class of other establishments who shall perform such
duties and hold such responsibilities as may be prescribed and submit their reports to the
concerned employer and Inspector-cum-Facilitator separately for the purpose of ensuring
compliance of the provisions of this Code.
39. (1) All copies of, and extracts from, registers or other records pertaining to any
establishment and all other information relating to any manufacturing or commercial business
or any working process acquired by the Chief Inspector-cum-Facilitator or an Inspector-
cum-Facilitator or by any one assisting him, in the course of the inspection or survey of any
establishment under this Code or acquired by any person authorised under section 20 in the
exercise of his duties thereunder, shall be regarded as confidential and shall not, while in
service or after leaving the service, be disclosed to any person or authority unless the Chief
Inspector-cum-Facilitator or the Inspector-cum-Facilitator considers disclosure necessary
to ensure the health, safety or welfare of any person employed in establishment.
(2) Nothing in sub-section (1) shall apply to the disclosure of any such information to—
(a) any court;
(b) any Committee or Board constituted under this Code;
(c) an official superior or the employer of the establishment concerned;
(d) a Commissioner for employees’ compensation appointed under the
Employees’ Compensation Act, 1923;
(e) the Controller, Indian Bureau of Mines; and
(f) any such officer, authority or authorised as may be specified in this behalf by
the appropriate Government.
Secrecy of
information
by Chief
Inspector-
cum-
Facilitator or
Inspector-
cum-
Facilitator,
etc.
8 of 1923.
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(3) Notwithstanding anything contained in the Right to Information Act, 2005, no
Chief  Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the source of
any complaint, without his consent, made to him regarding the contravention of the provisions
of this Code and shall also not while making an inspection under this Code in pursuance of
such complaint, disclose to the employer concerned or any of his representative that the
inspection is being made in pursuance of such complaint.
41. Any person in the service of the Government duly authorised in this behalf by a
special order in writing of the Chief Inspector-cum-Facilitator or of an Inspector-cum-
Facilitator may, for the purpose of surveying, levelling 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 or any output therefrom
at any time by day or night:
Provided that, where in the opinion of the Chief Inspector-cum-Facilitator or of an
Inspector-cum-Facilitator an emergency exists, he may, by order in writing, authorise any
such person to enter the mine for any of the aforesaid purposes without giving any such
notice.
42. (1) The appropriate Government may appoint medical practitioners having
prescribed qualification to be medical officers for the purposes of this Code in relation to
factory, mines, plantation, motor transport undertakings and any other establishment as
may be:
Provided that the medical officers so appointed shall before entering into their office,
disclose to the appropriate Government their interest in the concerned establishment.
(2) The medical officer shall perform the following duties, namely:—
(a) the examination and certification of workers in a mine or factory or any other
establishment engaged in such dangerous occupations or processes as may be prescribed;
(b) the exercise of such medical supervision for any factory, mines, plantation,
motor transport undertaking and such other establishment as may be prescribed by
the appropriate Government where cases of illness have occurred which it is reasonable
to believe are due to the nature of any process carried on or other conditions of work
prevailing in such establishments;
(c) the examination and certification of adolescent for the purpose of ascertaining
his fitness for employment in factory, plantation, motor transport undertakings and
any other establishment as may be prescribed by the appropriate Government in any
work which is likely to cause injury to their health.
CHAPTER X
SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN
44. Where the appropriate Government considers that the employment of women is
dangerous for their health and safety, in an establishment or class of establishments, due to
the operation carried out therein, such Government may in the prescribed manner, prohibit
the employment of women for such operation.
22 of 2005.
Facilities to
be afforded
to the
Inspector-
cum-
Facilitator.
Powers of
Special
Officer to
enter,
measure, etc.
in relation to
mine.
Medical
officer.
Employment
of women in
night.
Prohibition of
employment
of women in
dangerous
operation.
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CHAPTER XI
SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANT WORKER, ETC.
PART I
CONTRACT LABOUR AND INTER-STATE MIGRANT WORKER
45. (1) This Part shall apply to—
(i) every establishment in which twenty or more contract labour are employed or
were employed on any day of the preceding twelve months through contract;
(ii) every manpower supply contractor who has employed on any day of the
preceding twelve months twenty or more contract labour:
Provided that the provisions of this clause shall not apply to sections 59 to 62:
Provided further that the appropriate Government may, after giving not less than two
months’ notice of its intention so to do, by notification, apply the provisions of this Part to
any establishment or manpower supply contractor employing such number of worker less
than twenty as may be specified in the notification:
Provided also that, where any other threshold of contract labour as provided in this
sub-section is in force in a State under the law for the time being in force in such State
immediately before the commencement of this Code, then, such threshold shall prevail,
without prejudice to the first proviso, for the purposes of this sub-section till it is amended
by the competent legislature.
(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 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 sub-section, work performed in an establishment
shall not be deemed to be of 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 of seasonal character and is performed for more than sixty days in a
year.
47. (1) No contractor to whom this Part applies shall—
(a) supply or engage contract labour in any establishment; or
(b) undertake or execute the work through contract labour,
except under and in accordance with a licence issued to him by a licensing officer after
satisfying that the contractor fulfils such requisite qualifications or criteria as may be
prescribed by the Central Government and such licence shall, in addition to the prescribed
particulars and conditions specified in sub-section (3), specify the number of such contract
labour who can be engaged and the amount of security to be deposited by the contractor.
(2) Where the contractor does not fulfil the requisite qualifications or criteria referred
to in sub-section (1), the licensing officer may issue him a “work specific licence” renewable
within such period as may be prescribed by the appropriate Government to supply or engage
Applicability
of this Part.
Appointment
of licensing
officers.
Licensing of
contractors.
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37
the contract labour, or execute the work through contract labour, only for the concerned
work order as may be specified in such licence and subject to such conditions as may be
specified in such licence.
(3) Subject to the provisions of this Part,—
(a) a licence under sub-section (1), may contain such conditions including, in
particular, conditions as to hours of work, fixation of wages and other essential amenities
in respect of contract labour as may be prescribed by the appropriate Government;
(b) the licence referred to in sub-section (1) or sub-section (2), shall be obtained
from, if for such establishment the appropriate Government is—
(i) the Central Government, the licensing officer appointed by that
Government; and
(ii) the State Government, the licensing officer appointed by that
Government:
Provided that in case the contractor supplies or engages contract labour or
undertakes or executes the work under sub-section (1) in more than one establishment
situated in different States, then, he shall obtain the licence,—
(i) where for such establishments, Central Government is the appropriate
Government, from the licensing officer appointed by the Central Government
having jurisdiction over the place where the head office of the contractor is
situated; or
(ii) where for such establishments, State Government is the appropriate
Government from the licensing officer appointed by the State Government having
jurisdiction over the place where the head office of the contractor is situated.
48. (1) Every application for issuing a licence under sub-section (1) or sub-section (2)
of section 47 shall be made in such form and manner and shall contain such particulars
regarding the number of contract labour, nature of work for which contract labour is to be
employed and such other particulars as may be prescribed by the appropriate Government.
(2) The licensing officer may make such investigation in respect of the application
received under sub-section (1) and in making any such investigation the licensing officer
shall follow such procedure as may be prescribed by the appropriate Government.
(3) The licence issued under sub-section (1) of section 47 shall be valid for a period of
five years in respect of the number of contract labour specified therein and in case the
contractor wants to increase the number of the contract labour, then, he shall apply in the
prescribed manner for the renewal of the licence for such purpose to the licensing officer and
if the licence is renewed by the licensing officer in the prescribed manner, the contract labour
shall be increased to such extent by depositing such security deposit as specified in the
renewed licence for the balance period.
50. (1) When a contractor receives work order from an establishment either to supply
contract labour in the establishment or to execute the contract through contract labour in the
establishment he shall, within such time and in such manner as may be prescribed, intimate
to the appropriate Government.
(2) Where the contractor fails to give intimation under sub-section (1), the licensing
officer may, after giving the holder of the licence an opportunity of showing cause, suspend
or cancel the licence in such manner as may be prescribed by the appropriate Government.
Grant of
licence.
No fees or
Commission
or any cost
to workers.
Information
regarding
work order
to be given
to the
appropriate
Government.
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51. (1) If the licensing officer is satisfied, either on a reference made to him in this
behalf or otherwise, that—
(a) a licence granted under this Part has been obtained by misrepresentation or
suppression of any material fact, or
(b) the holder of a licence has, failed to comply with the conditions subject to
which the licence has been granted or has contravened any of the provisions of this
Part or the rules made thereunder, then code, without prejudice to any other penalty to
which the contractor may be liable under this Code, the licensing officer may, after
giving the contractor an opportunity of showing cause, revoke or suspend the licence.
(2) Subject to any rules that may be made in this behalf, the licensing officer may
amend a licence granted under this Part.
52. (1) Any person aggrieved by an order made under section 47 or 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 notified in this behalf by the appropriate
Government:
Provided that the appellate authority 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
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.
55. (1) A contractor shall be responsible for payment of wages to each contract labour
employed by him and such wages shall be paid before the expiry of such period as may be
prescribed by the appropriate Government.
(2) Every contractor shall, make the disbursement of wages referred to in sub-section (1),
through bank transfer or electronic mode and inform the principal employer electronically
the amount so paid by such mode:
Provided that where it is not practicable to disburse such payment otherwise than in
cash, then, it shall be disbursed in the presence of a representative duly authorised by the
principal employer and it shall be the duty of such representative to certify the amount so
paid as wages in such manner as may be prescribed by the appropriate Government.
(3) In case the contractor fails to make payment of wages referred to in sub-section (1),
within the prescribed period or makes short payment, then, the principal employer shall be
liable to make payment of the wages in full or the unpaid balance due, as the case may be, to
the concerned contract labour employed by the contractor and recover the amount so paid
from the contractor either by deduction from any amount payable to the contractor under
any contract or as a debt payable by the contractor.
(4) The appropriate Government, in the event the contractor does not pay the wages
to the contract labour employed by him, shall pass the orders of making payment of such
wages from the amount deposited by such contractor as security deposit under the licence
issued by the licensing officer to the contractor, in the manner as prescribed by the appropriate
Government.
Revocation,
suspension
and
amendment
of licence.
Appeal.
Liability of
principal
employer for
welfare
facilities.
Effect of
employing
contract
labour from a
non-licenced
contractor.
Responsibility
for payment
of wages.
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30
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40
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57. (1) Notwithstanding anything contained in this Part, the appropriate Government
may, after consultation with the National Board or a State Advisory Board, prohibit, by
notification, employment of contract labour in any process, operation or other work in any
establishment.
(2) Before issuing any notification under sub-section (1), in relation to an establishment,
the appropriate Government shall have regard to the conditions of work and benefits provided
for the contract labour in that establishment and other relevant factors, such as—
(a) whether the process, operation or other work is incidental to, or necessary
for the industry, trade, business, manufacture or occupation that is carried on in the
establishment;
(b) whether it is of perennial nature, that is to say, it is of sufficient duration
having regard to the nature of industry, trade, business, manufacture or occupation
carried on in that establishment;
(c) whether it is done ordinarily through regular workers in that establishment or
an establishment similar thereto; and
(d) whether it is sufficient to employ considerable number of whole-time worker.
Explanation.—If a question arises whether any process or operation or other work is
of perennial nature, the decision of the appropriate Government thereon shall be final.
59. It shall be the duty of every employer of an establishment employing inter-State
migrant worker in connection with the work of that establishment,—
(i) to ensure suitable conditions of work to such worker having regard to the
fact that they are required to work in a State different from their 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 provide and maintain suitable residential accommodation to such worker
during the period of their employment;
(iv) to provide the prescribed medical facilities and periodical medical examination
to the such worker, free of charge.
61. A journey allowance of a sum not less than the fare from the place of residence of
the inter-State migrant workers in his State to the place of work in the other State shall be
payable by the contractor to the workers both for the outward and return journeys at the
time of recruitment only and such worker shall be entitled to payment of wages during the
period of such journeys as if he were on duty.
Experience
certificate.
Prohibition
of
employment
of contract
labour.
Power to
exempt in
special cases.
Facilities to
inter-State
migrant
workers.
Displacement
allowance.
Journey
allowance,
etc.
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63. (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) by the producer of such audio-visual programme with the contractor,
where such person is employed through such contractor; and
(b) such agreement is registered with the competent authority 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
Central Government with respect to, the audio-visual worker whose employment the
agreement relates;
(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.
(3) A copy of the agreement referred to in sub-section (1) with respect to the
employment of the audio-visual worker shall, if such audio-visual worker is entitled to the
benefits of provident fund, also be forwarded by the producer of the audio-visual programme
to the authority as may be prescribed by the Central Government.
(4) Notwithstanding anything contained in Chapter V, VI and VII, the agreement
referred to in sub-section (1) shall include,—
(i) nature of assignment;
(ii) wages and other benefits (including provident fund, if any);
(iii) health and working condition;
(iv) safety;
(v) hours of work; and
(vi) welfare facilities,
and it shall be responsibility of the producer to provide the facilities specified in the agreement
to the audio-visual worker and the payment of wages shall be through electronic mode.
PART III
MINES
64. (1) Save as may be otherwise prescribed by the Central Government, every mine
shall be under a sole manager who shall have the prescribed qualifications and the owner or
agent of every mine shall appoint a person having such qualifications to be the manager:
Past
liabilities.
Prohibition
of
employment
of audio-
visual worker
without
agreement.
Managers.
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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.
65. (1) The provisions of this Code, except those contained in sections 35, 38, 40, 41
and 44, shall not apply to—
(a) any mine or part thereof in which excavation is being made for prospecting
purposes only and not for the purpose of obtaining minerals for use or sale subject to
such conditions relating to number of employees, depth of excavation and other
matters as may be prescribed by the Central Government;
(b) any mine engaged in the extraction of  kankar, murrum, laterite, boulder,
gravel, shingle, ordinary sand (excluding mouldings and 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 lime stone subject to such
conditions relating to workings, opencast workings and explosives as may be prescribed
by the Central Government.
(2) Notwithstanding anything contained in sub-section (1), the Central Government
may declare that the provisions of this Code shall apply to such mine or part thereof as may
be prescribed by it.
(3) Without prejudice to the provisions contained in sub-section (2), if at any time any
of the conditions specified in clause (a) or clause (b) of sub-section (1) is not fulfilled in
relation to any mine referred to in that sub-section, the provisions of this Code not set out in
sub-section (1), shall become immediately applicable, and it shall be the duty of the employer
of the mine to inform about such non-fulfillment to such authority in such manner and within
such time as may be prescribed by the Central Government.