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Chapter II · OSH Code

Registration

This chapter requires every new establishment covered by the Code to register online with a registering officer, carries over registrations already held under earlier laws, and bars an employer from employing anyone in an unregistered establishment. It sets deadlines for applying, reporting changes and reporting closure, gives a 30-day appeal route, and makes factories, mines, contract labour establishments and building or other construction work give notice before starting operations and intimate the authority when they stop. If the registering officer misses the deadline, registration or cancellation happens automatically.

3 sections ~5 min read Official text, PDF pp. 15–16
Factory ownersHR and compliance managersContractors and principal employersConstruction and mining companies

Key points

  1. 1An establishment that comes into existence after the Code starts, and to which the Code applies, must apply online for registration within 60 days; after that, the registering officer may still accept the application on payment of a late fee prescribed by the appropriate Government. §3
  2. 2An establishment already registered under a Central labour law, or another law notified by the Central Government, is treated as registered under this Code, provided it gives its registration details to the registering officer within the time and in the form prescribed by rules. §3
  3. 3No employer may employ anyone in an establishment that is not registered, or whose registration has been cancelled or revoked without an appeal being filed or after the appeal is dismissed. §3
  4. 4Any change in ownership, management or the particulars given in the application must be reported online within 30 days; closure must be reported within 30 days along with a certificate that all workers' dues are paid. §3
  5. 5Any person aggrieved by an order under section 3 can appeal within 30 days to an appellate officer notified by the appropriate Government, who must hear the appellant and decide within 30 days. §4
  6. 6A factory, mine, contract labour establishment or building and construction work must give electronic notice before starting operations and must also intimate when operations stop. §5

At a glance

60 days from the date the Code applies to the establishmentTime to apply for registrationSection 330 days from the changeTime to report a change in ownership, management or particularsSection 330 days from closingTime to report closure and certify workers' dues are paidSection 360 days from receiving the closure information, after which it is deemed cancelledTime for the officer to cancel registration after closure is reportedSection 360 days from the facts coming to the officer's noticeTime for the officer to complete revocation of a registration obtained fraudulently or otherwiseSection 330 days from the date the order is communicatedTime to file an appealSection 430 days from receipt of the appealTime for the appellate officer to decideSection 4
Earlier law:Factories Act, 1948Contract Labour (Regulation and Abolition) Act, 1970Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996Mines Act, 1952
3

Registration of certain establishments

In plain words

Every new establishment covered by the Code must apply online for registration within 60 days, report changes within 30 days and closure within 30 days, and may not employ anyone unless registered; existing registrations under Central labour laws, or other laws notified by the Central Government, count if their details are given to the registering officer within the prescribed time.

(1)

Every employer of any establishment,—

(a)

which comes into existence after the commencement of this Code; and

(b)

to which this Code shall apply,

shall, within sixty days from the date of such applicability of this Code, make an application electronically to the registering officer appointed by the appropriate Government (hereinafter referred to as the registering officer) for the registration of such establishment:

Proviso

Provided that the registering officer may entertain any such application for registration after the expiry of such period on payment of such late fees as may be prescribed by the appropriate Government.

(2)

Every application under sub-section (1) shall be submitted to the registering officer in such manner, in such form, containing such particulars including the information relating to the employment of inter-State migrant workers and shall be accompanied by such fees as may be prescribed by the appropriate Government.

(3)

After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration electronically to the employer thereof in such form and within such time and subject to such conditions as may be prescribed by the Central Government:

Proviso

Provided that if the registering officer fails to register an establishment under the application so made or to entertain the application within the prescribed period, then, such establishment shall be deemed to have been registered under this Code immediately on the expiration of such period and the electronic certificate of registration shall be auto generated and the responsibility of such failure shall be on the registering officer.

(4)

Any change in the ownership or management or in any particulars referred to in sub-section (2) which occurs after the registration of an establishment under this Code, shall be intimated by the employer electronically to the registering officer within thirty days of such change in such form as may be prescribed by the Central Government and thereafter the registering officer shall make amendment in the certificate of registration electronically in such manner as may be prescribed by the Central Government.

(5)

The employer of an establishment shall, within thirty days of the closing of the establishment—

(a)

inform the closing of such establishment; and

(b)

certify payment of all dues to the workers employed in such establishment,

to the registering officer in such manner as may be prescribed by the Central Government and the registering officer shall, on receiving such information and certificate remove such establishment from the register of establishments maintained by him and cancel the registration certificate of the establishment within sixty days from the receipt of such information :

Proviso

Provided that if the registering officer fails to cancel the registration certification of the establishment under this sub-section within such sixty days, then, the registration certificate of such establishment shall be deemed to have been cancelled under this Code immediately on the expiration of such period of sixty days and the cancellation of registration certificate shall be auto generated and the responsibility of such failure shall be on the registering officer.

(6)

If an employer of an establishment—

(a)

has obtained the registration of his establishment by misrepresentation or suppression of any material fact, or

(b)

has obtained the registration of his establishment so fraudulently or otherwise that the registration has become useless or ineffective to run the establishment,

then, in case of clause (a) such misrepresentation or suppression of any material fact shall be deemed to be the contravention of the provisions of this Code for prosecution of the employer under section 94 without affecting the registration and running of the establishment and in case of clause (b) the registering officer may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration by an order and such process for revocation shall be completed by the registering officer within sixty days from coming into his notice the facts specified in clause (b).

(7)

No employer of an establishment who—

(a)

has not registered the establishment under this section; or

(b)

has not preferred appeal under section 4 against the cancellation of the registration certificate of the establishment under sub-section (5) or revocation of the registration of the establishment under sub-section (6) or the appeal so preferred has been dismissed,

shall employ any employee in the establishment.

(8)

Notwithstanding anything contained in this Code, where any establishment, to which this Code applies, has already been registered under any—

(a)

Central Labour law; or

(b)

any other law which may be notified by the Central Government and which applies to the establishment which is in existence at the time of the commencement of this Code,

shall be deemed to have been registered under the provisions of this Code, subject to the condition that the registration holder provides the details of registration to the concerned registering officer within such time and in such form as may be prescribed.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 15
4

Appeal

In plain words

Anyone aggrieved by an order under section 3 can appeal within 30 days to an appellate officer notified by the appropriate Government, who must give a hearing and decide within 30 days.

(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:

Proviso

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.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 16
5

Notice by employer of commencement and cessation of operation

In plain words

A factory, mine, contract labour establishment or building or other construction work must send an electronic notice before starting operations, and intimate the authority electronically when operations stop, in the form, manner and time, and to the authority, prescribed by rules.

(1)

No employer of an establishment being factory or mine or relating to contract labour or building or other construction work shall use such establishment to commence the operation of any industry, trade, business, manufacturing or occupation thereon without sending notice of such purpose in such form and manner and to such authority and within such time as may be prescribed and shall also intimate the cessation thereof to the said authority in such manner as may be prescribed by the appropriate Government.

(2)

The notice or intimation under sub-section (1) shall be given electronically.

Source: The Occupational Safety, Health and Working Conditions Code, 2020, official gazette copy, page 16

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