Occupational Safety, Health and Working Conditions (Central) Rules, 2020 பணிப் பாதுகாப்பு,நலன் மற்றும் பணி நிலைமைகள் சட்டம், 2020க்கான ஒன்றிய விதிகள், 2021 (1)

                             MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION

New Delhi,the30th December, 2025

G.S.R. 934(E).—Whereas, subsequent to the enactment of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) (The said Code) by Parliament, the draft Occupational Safety, Health and Working Conditions (Central) Rules, 2020 were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section(i) videNotificationnumberG.S.R.729(E),dated19thNovember,2020andGSR261(E)dated15^thApril 2021inviting objections and suggestions as required under sections 133 and 134 of the said Code;

And whereas, vide notification number S.O. 5321 (E), dated 21st November, 2025, published in the Gazette of India, Extraordinary, PartII, Section3, Sub-Section(ii), all the provisionsofthe said Code have beenbroughtinto the force.

Now therefore, the following draft rules, which the Central Government proposed to make in exercise of powers conferred by Sections 133 and 134 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of General Clauses Act, 1897(10 of 1897) and in supersession of the-

1.   TheDockWorkers(Safety,HealthandWelfare)Rules,1990;

2.    TheBuildingandOtherConstructionWorkers(RegulationofEmploymentandConditionofServices), Rules, 1998;

3.   TheModelFactoriesRules;

4.     TheMinesRules,1955;

5.   TheMinesRescueRules,1985;

6.   TheMinesVocationalTrainingRules,1966;

7.   ThePitheadBathRules,1959;

8.   TheMinesCrècheRules,1966;

9.   TheContractLabour(RegulationandAbolition)CentralRules,1971;

10.    TheInter-StateMigrantWorkmen(RegulationofEmploymentandConditionsofService)CentralRules,1979;

11.    TheWorkingJournalists(ConditionsofService)andMiscellaneousProvisionsRules,1957;

12.    TheCine-WorkersandCinemaTheatreWorkers(RegulationofEmployment)Rules,1984;

13.    TheSalesPromotionEmployees(ConditionsofService)Rules,1976.

made by the Central Government in exercise of the powers conferred by the Dock Workers (Safety, Health and Welfare) Act, 1986( 54 of 1986), the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996(27 of 1996),Factories Act, 1948 ( 63 of 1948), the Mines Act, 1952(35 of 1952), The Contract Labour (Regulation and Abolition) Act, 1970(37 of 1970), The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979( 30 of 1979), The Working Jo  urnalists (Fixation of Rates of Wages) Act, 1958( 29 of 1958), The Cine-Workers and Cinema Theatre Workers (Regulation of Employment)Act,1981(50of1981),TheSalesPromotionEmployees(ConditionsofService)Act,1976(11of1976)

, as the case may be which are repealed by section 143 of thesaid, the Occupational Safety, Health and Working Conditions Code, 2020,except as respected things done or omitted to be done before such supersession, are hereby notified as required bysubsection(1) ofsaid Section133 and sub-section(1) ofsub section134, for informationofall persons likely to be affected thereby and notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of forty-five days from the date on which the copies of the Official Gazettein which this notification is published are made available to the public;

Objections and suggestions,if any,maybeaddressed toShriRaviShankarNirala,UnderSecretarytotheGovernment of India, Ministry of Labour and Employment, Room No: 17, Shram Shakti Bhawan, Rafi Marg, New Delhi or by email (fasli@dgfasli.nic.in and ravis.nirala@nic.in ) the objections and suggestions should be sent in a proforma containing columns (i) specifying the name and address of the persons and organizations and column (ii) specifying the rule or sub-rule which is proposed to be modified and column (iii) specifyingthe revised rule or sub rule proposed to be submitted and the reasons therefore;

Objections and suggestions, which may be received from any person with respect to the said draft notification before expiry of the period specified above, will be considered by the Central Government.

Chapter–I 

Preliminary

1.       Short title, extent and commencement.-(1) These rules may be called the Occupational Safety, Health and Working Conditions (Central) Rules, 2025.

(2)   TheyextendtowholeofIndia.

(3)   TheyshallcomeintoforceonthedateoftheirpublicationintheOfficialGazette.

2.       Definitions.-(1)Intheserules,unlessthecontextotherwiserequires,-

(a)    —Code‖meanstheOccupationalSafety,HealthandWorkingConditionsCode,2020(37of2020);

(b)   —section‖meansthesectionoftheCode;

(c)    ‖Form‖meansaformannexedtotheserules;

(d)   —RegisteringOfficer‖meanstheregisteringofficerappointedbytheCentralGovernmentunderthe code for the purpose of these rules;

(2) The words and expressions used in these rules and are not defined therein, but are defined inthe Code, shall have meanings respectively assigned to them in the Code.

 

                                 Chapter II 

                                        Registration

3.     Application for registration under Section 3.- (1) (i) The employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Shram Suvidha Portal of the Ministry of Labour & Employment or designated Portal by giving details about the establishment, and uploading documents related to Registration of the establishment, proof of Identity and address of the employer as specified in the said Form. The said Form shall be signed digitally or in any other manner asmay be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

(ii)         The Permanent Account Number (PAN) of the applicant or the establishment, allotted under IncomeTaxAct,1961(43of1961)oranyotherunique number allottedtotheestablishment under anyother Act for the time being in force or anyother particular furnished in the said form, may be verified online.

(iii)       The certificate of registration shall be issued in Form-II electronically immediately, if the application is complete in all respect but not later than seven days from the date of submission of complete application, failing which such establishment shall be deemed to have been registeredand the certificate of registration shall be auto generated:

Provided that in exceptional circumstances the Central Government may, for suchperiod, by notification, as specified therein dispense with requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of India, and submission of application in Form-I so provided, may be allowed.

(iv)       The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at a conspicuous place(s) in hard copy or electronically.

(2)      The Registering Officer under the Code may direct the employer who fails to comply with the requirementsof sub-rule (1),comply withsuchrequirements within thetime stated in such directionand such employer shall; there upon comply with the direction issued by such Officer in this behalf.

(3)    Theemployer inrespectof anestablishmentalready registered under anyother Central labour laws for the time being in force shall, update the registration particulars on the Shram Suvidha Portal or designated Portal oftheMinistryofLabour&Employment,withinsixmonthsfromthedateonwhichthisRulecomes into force.

(4)     Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause within a period of 30 days, electronically or by registered post or by speed post, as to why the certificate of registration should not be cancelled.

(5)     The employer shall quote the registration number on all documents prepared or completed by him in connection withtheCodeor theRulesor theRegulationsor theScheme, asthecase may be, madethereunder and in all correspondence with the office concerned.

(6)     Any change in the ownership, management or any particular furnished in registration Form submitted on the specified portal shall be updated on the portal by the employer within thirty days of such change.

(7)      The employer of an establishment, to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on the Shram Suvidha Portalor designated Portal ofthe Ministryof Labour & Employment after giving complete details of the dues payable under the Central Labour Codes for the time being in force:

Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Central labour Codes and any other Central labour laws for the time being and submitted a self-certification to that effect along with the application.

(8)     The Registering Officer shall maintain a register of establishment electronically in FORM-III showing the particulars of establishment in relation to which certificates of registration have been issued by him.

(9)     The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitatorhaving jurisdiction in the area where the proposed establishment is situated or as the case maybe,the workistobe executed,intimatingthe actualdateofthe commencement, completionofworkand cessation of establishment as the case may be, in FORM-IV electronically and the same shall be auto-shared to Employees' Provident Fund Organization (EPFO) and Employees' State Insurance Corporation (ESIC).

4.     Appeal under section 4. (1) The employer, aggrieved by the order of Registering Officer, may appeal against such order before the appellate officer notified by the Central Government for such purpose within thirty days from the date of receipt by him of such order, electronically or by registered post or speed post.

(2)     Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form as specified by the Government by general or special order.

(3)      When the appeal has been admitted, the appellate officer shall send the notice of the appeal to the Registering Officer, against whose order the appeal has been preferred and the Registering Officer shall there upon send the records of the case to the appellate officer online electronically or by registered post or speed post.

(4)     On receipt of the appeal, the appellate officer shall send a notice electronically or by registered post or speed post to the appellant to appear before himon suchdate and time as maybe specified inthe notice for the hearing of the appeal. If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgment on the appeal confirming, reversing or varying the order appealed against the appeal is preferred.

(5)    If on the date fixed for hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellants by sending the copy of the order of dismissal to the applicant electronically or by registered post or speed post.

(6)    Where an appeal has been dismissed, the appellant may apply electronically or by registered post or speed post, to the appellate officer for the restoration of the appeal within thirty days from the date of receipt of the order ofdismissal under sub-rule (5) and if the appellate officer issatisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal.

(7)    The order of the appellate officer under sub-rule (6) shall be communicated electronically or by registered postorspeedposttothe appellantandcopythereofshallbesenttotheRegisteringOfficer againstwhoseorder the appeal has been preferred.

(8)     An appeal under this rule shall be dispose of within thirty days from the date on which the appeal is received under sub-section (4).

5.    Notice of commencement and cessation of operation under section 5.- The employer of every establishment being mine or relating to contract labour or building or other construction works shall within thirty days of the commencement or cessation of operation of the establishment, submit to the Registering Officer notice of commencement and cessation of operation in FORM-IV, electronically and the notice of cessationofoperationshall be enclosed witha certificate that the payment ofall dues to the workers employed in the establishment have been made and the premises are kept free from storage of hazardous chemicals and substances.

Chapter-III

DutiesofEmployerandEmployee

                         

Rule No. 6. Annual Health Examination of employees under clause (c) of sub-section (1) of Section 6: Every employer of factory, dock, mine, building & other construction work shall arrange to conduct free of cost, medical examination for every employee annually i.e. within 120 days from the commencement of the calendar year who has completed 40 years of age. The medical examination shall be conducted by a qualified medical practitioner as per proforma in the Form-V. The Medical Certificate shall be submitted by the qualified medical practitioner to the concerned employer and employee.

Provided that an employermay availfacility for medical examination of the employee (s) under relevant rule ofSocial Security Code Rules, 2025 through Employees' State Insurance Corporation (ESIC).

 

 

Provided that in case of mines additional tests and conditions of annual medical examinations of employees shallbe governed under Rule 98.

 

 

                        7.                 Letter of appointment to employee under clause (f) of sub-section (1) of                                         Section 6.-No employee shall be employed in any establishment unless he has been                                     issued a letter of appointment in the format given below:

Providedthat,anemployeewhohasnotbeenissuedanappointmentlettercontainingtherequired particulars, shall be issued an appointment letter within three months of coming into force of this rule.

Format

i.             Nameofemployee:

ii.              Dateofbirth:

iii.               Father‘s/Mother‘s name:

iv.              Aadharnumber:

v.              LabourIdentificationNumber(LIN)oftheestablishment:

vi.              UniversalAccountNumber(UAN)orInsuranceNumber(ESIC)(ifavailable):

vii.               Designation:

viii.                                        Categoryofskill:

ix.                                      Dateofjoining:

x.              Wages/Basic/PayandDearnessAllowance:

xi.              Otherallowanceincludingaccommodationwhicheveris/areapplicable:

xii.                 Avenueforachievinghigherwagesorhigherposition:

xiii.                       ApplicabilityofsocialsecurityEmployees'ProvidentFundOrganisation (EPFO) and Employees' State Insurance Corporation (ESIC) benefits:

xiv.                                         BroadNatureofdutiestobeperformed:

xv.                                       Anyother information:

Signature

Occupieroremployerorowneroragentormanager

8.  Noticeofaccidentsand dangerousoccurrencesunder sub-section(1)ofsection10andsection 11.-

(1) Where at any place in an establishment which is dock work, mines, building or other constructionwork; anaccidentoccurs whichresultsinthedeathofanyperson,the employeroroccupierormanagerof the establishment shall forthwith send a notice thereof in FORM-VI electronically and inform by telephone to the Inspector-cum-Facilitator, Chief Inspector-cum Facilitator, District Magistrate or Sub-divisional Officer and the officer-in-charge of the nearest police station; and the family members or kin of the deceased person.

(2)   Whereatanyplaceinanestablishment whichisdock work, mines,buildingorotherconstruction work, an accident occurs which results in 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, the employer or occupier or manager of the establishment shall forthwith send a notice in FORM-VI within twelve hours after the completion of forty eight hours, electronically to the Inspector-cum-Facilitator.

(3)     Where in an establishment, there is any dangerous occurrence as specified in the schedule annexed hereto, whether causing any bodily injury or disability or not, a notice in FORM-VI shall within twelve hours be sent to-

(a)  theInspector-cum-Facilitator;

(b)  DistrictMagistrateorSub-divisionalOfficer;

Providedthatifinthe caseofanaccident ordangerousoccurrence,deathoccurstoanypersoninjured by such accident or dangerous occurrence after the notices referred to in the foregoing sub-rules have beensent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub-rules (1) and (2) and also havethis information confirmed in writing within twelve hours of the death.

Provided further that, if the period of disabilityfrom 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 on occurs in more thanone spell, the report there of shall be sent to the Inspector-cum-Facilitatorinthe FORM-VI within 24 hours following the hours when the actual total period of disability from working resulting from theaccident or the dangerous occurrence becomes 48 hours.

 

SCHEDULE

Thefollowingclassesofdangerousoccurrences,whetherornottheyareattendedbypersonalinjuryordisablement, namely: -

(i)                      bursting, of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at a pressure greater than the atmospheric pressure; a blow out in case of oil mine;

(ii)               collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane.

(iii)              explosion, explosion due to explosives, fire, leakage or release of harmful toxic gases, bursting out, leakage or escape of anymolten metal, or hot liquid or gas causing bodily injury to any person or damageto any room or place in which persons are employed;

(iv)             explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.

(v)                     collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or constructionmaterial or breakage or failure of rope, chain or loose gears; overturningof cranes used in building or other construction work; falling of objects from height;

(vi)                     a spontaneous heating or outbreak of fire, or appearance of smoke, or other indication of heating or outbreak of fire in belowground mines;

(vii)           collapseofanywall,floor,gallery,roofbridge,tunnel,chimney,wall,buildingor

subsidence of soil or any otherstructure, platform, staging, scaffolding or any means of access including formwork; contact work, excavation and collapse of transmission;

(viii)          spillageorleakageofhazardoussubstancesanddamagetotheircontainer;

(ix)                     aneruptionorinrushofwaterorotherliquidmatterinmines;

(x)                       collapse,capsizing,topplingorcollisionoftransportequipmentwithintheestablishment;

(xi)                     fallfromheightofanyexcavation,loadingortransportmachinery;

(xii)           aninstantaneousfailureofapillar,partofapillarorseveralpillarsinworkingbelowground;

(xiii)          arock-burstinworkingbelowground;aprematurecollapseofanypartofthe working;

(xiv)          abreakage, fractureor failure ofanessentialpartofany machine or apparatus wherebythesafetyof persons may be endangered;

(xv)            aslidecausinginjury toanyperson,damagetoanymachinery,orinterruptionofnormalmining operations;

(xvi)          failureofdumporsideinopencastworking;ablowout;

(xvii)         a failure of any structure or installation whereby the safety of persons may be endangered; or spark generated due to electrical flash-over causing burn injury to any person;

(xviii)       amajoruncontrolledemissionofpetroleumorchemicalspillage

 

9.      Notice of disease under sub-section (1) and (2) of Section12.- (1) A notice in the following format shall be sent forth electronically, to the Inspector-cum Facilitator or Chief Inspector-cum-Facilitator, by the employer or occupier or manager of an establishment in which there occurs any disease as notified under the Third Schedule to the Code.

 

NOTICEOFDISEASE

 

(1)   NameandaddresstheemployerorOccupierorManager

(1)      Nameandaddressofestablishment:

(2)      Natureofestablishment:

(3)      Incaseofminesthenameofthe mineral:

(4)      DetailsofPatient:

(a)   NameofPatient:

(b)   WorkernumberofPatient:

(c)   Addressofpatient:

(d)  Preciseoccupationofpatient:

(5)      Natureofdiseasefromwhichpatientissuffering:

(6)      Dateofdetectionofdisease:

(7)      Detailsofmedicalpractitioner:

(8)      HasthecasebeenreportedtotheMedicalOfficer:

Date:

Signatureofemployeroroccupierormanager

 

 

(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 bythe qualified medical practitioner to be suffering fromanydisease specified inthe ThirdScheduletothecode,thequalified medicalpractitionershallwithoutdelaysendareportinwritingtothe office of the Chief Inspector-cum-Facilitatorstating-

(a)    thenameandfullpostaladdressofthepatient,

(b)    thediseasefromwhichhebelievesthepatienttobesuffering,and

(c)    Thenameandaddressoftheestablishmentinwhichthepatientisorwaslastemployed.

 

 

10.     Dutiesofemployeeunderclause(d)and(g)ofsection13.- Ifanemployee comes to knowthatofany unsafe or unhealthy condition in the establishment, he shall report to the health and safety representative or safety officer or agent or manager in case of mine, as soon as practicable, electronically or in writing or telephonically and such representative or officer or agent or manager, as the case may be, report to the employer electronically or by registered post of speed post.

 

 

11.   Rights of Employee under sub-section (3) of section 14.-On receipt of information from the employee relating to the existence of an imminent danger to their safety and health, the employer shall take immediate remedial action in this regard. The employer, whether satisfied or not, shall send a report forthwith of such actions taken, to the Inspector-cum-Facilitatorelectronically or by registered post or speed post.

Chapter IV OccupationalSafetyandHealth

 

12.   Provisionsrelating to National Occupational Safety and Health Advisory Board under sub sections (3) ofSection16.(1)TheMembersoftheNationalBoardasspecifiedinSection16(2)(g),(j),(k),(l),(m)and

(n)shallbeappointedbytheCentralGovernment.

 

(2) The National Board may meet as often as necessary to discharge the functions as specified in sub-section (1) of Section 16.

 

13.      Resignation (1) A Member of the National Board, not being an ex-officio member, may resign from his office by a letter in writing addressed to the Chairperson of the National Board.

(2) The seat of such a Member shall fall vacant from the date on which his resignation is accepted by the Central Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by the Central Government whichever is earlie

 

14.      Cessation of membership: If any Member of the National Board, not being an ex-officio member, failsto attend three consecutive meetings of the National Board, without obtaining the leaves sanctioned by the Chairperson of National Board for such absence, he shall cease to be a member of National Board:

ProvidedthattheCentralGovernmentmay,ifitissatisfiedthatsuchMember waspreventedbysufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such Member shall continue to be a Member of National Board.

15.     Disqualificationfor Membership:A person shall be disqualified for being a Member of the National Board,

(i)            ifheisofunsoundmindandstandssodeclaredbyacompetentauthority;

(ii)          ifheisanun-dischargedinsolvent; or

(iii)           ifhehasbeenconvictedforanoffence,havingapenaltyofimprisonmentofthreemonthsormore;

16.     Removal fromMembership: The Central Government mayremove anyMember of the National Board, if in its opinion such Member has ceased to represent the interest which he purports to represent on such National Board:

Provided that no such member shall be removed unless a reasonable opportunity is given to him of making presentation against the proposed action under this rule.

17.      TravellingAllowanceforMembers(1)ThetravellingallowanceofanofficialMemberoftheNational Board shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

 

(2)                   The non-official Members of the National Board shall be paid travelling allowance for attending the meetingofthe National Board at suchplaces as per the instructions issued byDepartment ofExpenditure, Ministry of Finance, Government of India from time to time.

 

18.                        ConstitutionofTechnicalCommitteesundersubsection(5)ofSection16

(i)              TheCentralGovernmentmayconstituteoneormoreTechnicalCommitteesforthepurposeofassisting the Central Government or National Board indischarge ofits functions specified insub section(1) of Section 16 of the Code.

(ii)          TheTechnicalCommitteesmaybemulti-members committee, andconsistof membersfromgovernment, public,autonomousorprivateinstitutions/industries.

(iii)            Themembersofthecommittee shallhaveBachelorsdegreeinengineeringwithDiploma/post-graduate diplomainindustrialsafetyor Master'sDegree in(Physics/Chemistry)/MBBS with Associate Fellow of Industrial Health (AFIH), with an experience of not less than 20 years in the relevant field/industry.

(iv)        lncaseofmines,amemberhavingBachelor's degree inMiningengineering with First Class Manager's Certificate of Competency to manage a coal or metalliferous mine or M.E/M.Tech./Ph. D in mining discipline/MBBS,withexperienceofnotlessthan20yearsinregulatorybodyorindustryorresearchor academicinstitutionsoroccupationalhealthmaybenominatedtothetechnicalcommittee.

(v)           TheChairpersonoftheTechnicalCommitteemaybetheex-officiomemberas nominatedbythe Central Government.

(vi)        TheTechnicalCommitteemayconstitutesub-committeestomeetthespecificrequirements.

(vii)       TheTechnicalCommittee shallfollowsuchrulesandprocedureincludingits transaction of business as may be issued by an order by the Central Government orNationalBoardfromtimetotime.

(viii)          TA/DA for non-official members of the Technical Committee shall be as per the instructions issued by Department of Expenditure, Ministry of Finance, Government of India from time to time.

19.             FunctionsofTechnicalCommittees.

(i)            TheTechnicalCommitteesshallframe,formulateandreviewstandards,rulesandregulations on Occupational Safety, Health and Working Conditions under the OSH&WC Code, 2020.

(ii)          TheTechnicalCommitteeshallmeetregularlyonneedbasisandnotless than once in a three month.

20.                            Resignation.

a.           A member of the Technical Committee, not being an ex officio member, may resign his officebyaletterin writing addressed to theCentral Government through theChairpersonofthe TechnicalCommittee.

b.        A Chairperson of the Technical Committee may resign his office by a letter in writing addressedtotheCentralGovernmentthroughSecretary,MinistryofLabourandEmployment.

c.         The seat of such a member or Chairperson as case maybe shall fall vacant fromthedateon whichhis resignation is accepted by the Central Government, orontheexpiryofthirtydaysfromthe date ofreceiptoftheletterofresignationby CentralGovernment whicheverisearlier.

21.                     Cessationofmembership.

If anymember ofthe Technical Committee, not being an ex officio member, fails to attend two consecutive meetingsofsuchCommittee,withoutobtainingthepermissionoftheChairpersonofsuchCommitteeforsuch absenceheshallceasetobeamemberofsuchCommittee:

ProvidedthattheCentralGovernmentmay,ifitissatisfiedthatsuchmemberwaspreventedbysufficientcause fromattendingtwoconsecutivemeetings,directthatsuchcessationshallnottakeplaceandonsuchdirectionbeing made,suchmembershallcontinuetobeamemberofsuchCommittee.

22.                             Disqualificationformembership.

(i)                                          ApersonshallbedisqualifiedforbeingamemberoftheTechnical Committee—

(a)    ifheisofunsoundmindandstandssodeclaredbyacompetentcourt;

(b)    itheisanundischargedinsolvent;or

(c)    ifhe has been convicted of an offence which, in the opinion of            the Central Government, involves moral turpitude.

(ii)                                         Whereaquestionarisesastowhetheradisqualificationhasbeenincurredundersub-rule(1),theCentralGovernmentshalldecidesuchquestion,shouldbetreatedasfinal.

 

23.   Removalfrommembership.

The Central Government may remove any member or Chairperson of the Technical Committee, if in its opinionsuch member hasceased to representtheinterest whichhepurportsto representon suchCommittee:

Provided thatno such member shall beremoved unlessareasonableopportunityis given to him of makinga representation against the proposed action under this rule.

 

24.     Collection of statistics and portal for inter-State migrant workers under sub-sections (1) and (2) of Section 21.-The employer shall submit the detail statistics of inter-state migrant workers and of their occupational safety and health and electronically on web portal designated for the purpose by the Central government or such member of workers as may be specified by general or special order under.

25.      SafetyCommitteeunderSection22.(1)Everyestablishmentemploying500ormoreworkersexceptfor the establishment prescribed under sub-section (1) of section 22 shall constitute a safety committee consisting of representatives of employers and workers.

(2)   The tenure of the safety committee shall be for three years. The safetycommittee shall meet at least once in every quarter. In case of mines, the safety committee shall meet at least once in a month.

(3)   SafetyCommitteeshallhavetherighttobeadequatelyandsuitablyinformedof–

(a)    potentialsafetyandhealthhazardstowhichtheworkersmaybeexposedatworkplace;

(b)   dataonaccidentsaswellasdataresultingfromsurveillanceoftheworkingenvironmentandofthe health of employees, conducted at such establishments.

(4)   Theowner,employer, occupier,agent or manager shall, withinaperiodof15daysfromthedateofreceipt of the recommendations of the Safety Committee shall take action to implement the recommendations.

26.     CompositionofSafetyCommittee.-(1)TherepresentativesofthemanagementonSafetyCommittee, except in mine, shall consist of-

(a)   aseniorofficial,whobyhispositionintheorganizationcancontributeeffectivelytothe 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)   Arepresentativeeachfromtheproduction,maintenanceandpurchasedepartments.

(2) (i) the Safety Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed twenty;

(ii)        therepresentatives of the employer in the Safety Committee shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment, preferably the heads of major departments of the establishment;

(iii)    therepresentativeoftheworkersintheSafetyCommitteeshallbechoseninthefollowingmanner, namely: -

 

(a)     where there is a sole negotiating union or negotiating union under sub-section (2) or sub-section(3) of section 14 or a negotiating council under sub-section(4) of that section 14 of the Industrial Relations Code,2020(35 of 2020) or negotiating union or under said sub section (3) negotiating council, as the case may be, shall nominate the worker‘s representatives on the Safety Committee and in the case of the negotiating council, the nomination shall be in the manner that every registered Trade Union representing innegotiatingcouncilshall berepresentedintheSafetyCommittee inproportiontothe numberofworkers of the industrial establishment who are members of such Trade Union;

 

(b)    where there is no such sole negotiating union or negotiating union or negotiating council asreferred to the clause (a), the workers of the industrial establishment shall choose amongst themselves the worker‘s representatives on the Safety Committee:

 

Provided that, the employer may, deploy an electronic process of conducting the process of choosing representative of workers over an information technology application, online platform or like other platform under:

 

Provided further that there shall be adequate representation of women workers on the Safety Committee and such representationshall not beless than the proportionof women workersto thetotal number of workers employed in the industrial establishment:

ProvidedfurtherthatthetenureofthemembersoftheSafetyCommitteeshallbethree years.

 

Provided also that in case there is no recognized both negotiating union or negotiating council and whereanydisputearisesregardingchoosingofthe worker‘s representativetotheSafetyCommittee,the matter maybe referred to the concerned Regional Labour Commissioner (Central), who shall after hearing the parties decide the matter and his decision shall be final.

 

(3)     TheminutesofthemeetingoftheSafetyCommitteereferredtoinsub-rule(1)shallberecorded.

(4)     FunctionanddutiesoftheSafetyCommitteeinanestablishmentshallinclude–

(a)    assistingandcooperatingwiththemanagementinachievingtheaimsandobjectivesoutlinedinthe

‗SafetyandHealthPolicyoftheestablishment;

(b)   dealingwithallmattersconcerninghealth,safetyandenvironmentandtoarriveatpracticablesolutionsto problems encountered;

(c)    creatingsafetyawarenessamongstallworkers;

(d)   undertakingeducational,trainingandpromotionalactivities;

(e)    discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment,emergencyanddisastermanagementplansandimplementationoftherecommendations made in the reports;

(f)    lookingintothematterslikelytocausedangertothesafetyandhealthoftheworkersandsuggest corrective measures; and

(g)   Reviewingtheimplementationoftherecommendationsmadebyit.

27.          CompositionofSafetyCommitteeincaseofmines.-TheSafetyCommitteeshallconsistofequal number of members representing the employer and the workers, which shall not exceed twenty;

 

(1)     The representative of the employer on safety committee, in the mine shall be nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the workings of the mine, preferably the heads of major departments of the mine and will consists of ;

(i)       themanagerreferredtoinsection67oftheCodeshallbetheChairman;

(ii)      FiveofficialsorcompetentpersonsoftheminenominatedbytheChairman;

(iii)    Thesafetyofficer,or wherethereisnosafetyofficer,thesenior mostmineofficialnexttothe manager, who shall act as Secretary to the Committee;

 

(2)    TherepresentativeoftheworkersintheSafetyCommitteeshallbechoseninthefollowing manner, namely:-

 

(i)    where there is a sole negotiating union or negotiating union under sub-section (2) or sub-section (3) of section 14 or a negotiating council under sub-section(4) of that section14 of the Industrial Relations Code,2020 (35 of 2020) or negotiating union or under said sub section (3) negotiating council, as the case may be, shall nominate the worker‘s representatives on the Safety Committee and in the case ofthe negotiating council, the nomination shall be in the manner that every registered Trade Union representing in negotiating council shall be represented in the Safety Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union

 

(ii)    wherethereisno such solenegotiatingunionor negotiatingunionor negotiatingcouncilasreferred to the clause (a), the workers of the industrial establishment shall choose amongst themselves theworker‘s representatives on the Safety Committee:

 

Provided that, the employer may, deploy an electronic process of conducting the process of choosing representative of workers over an information technology application, online platform or like other platform under:

 

Provided further that there shall be adequate representation of women workers on the Safety Committee and such representationshall not belessthan the proportionof women workersto thetotal number of workers employed in the industrial establishment:

ProvidedfurtherthatthetenureofthemembersoftheSafetyCommitteeshallbethree years.

 

Provided also that in case there is no recognized both negotiating union or negotiating council and whereanydisputearisesregardingchoosingofthe worker‘s representativetotheSafetyCommittee,the matter maybe referred to the concerned Regional Labour Commissioner (Central), who shall after hearing the parties decide the matter and his decision shall be final.

Provided further that the workers representatives at least one each from mining, electrical and mechanical discipline shall be nominated/elected as the case may be.

 

28.     FunctionsofSafetyCommittee.—ThefunctionsoftheCommitteeshall be-

(a)      to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in there ports of worker‘s representative brought to the notice of the Committee and make appropriate recommendations;

(b)                 to consider, before commencement of operations in any, new area of the mine or installations of oil mine or commissioning of new electrical or mechanical installation or introduction of new mining technique, the proposed Safety and health measures including related codes of practice and to make appropriate recommendations;

(c)        todiscussthereportofinquiryintoaccident,dangerousoccurrencesetc.,andmakeappropriate recommendations;

(d)       toformulateandimplementappropriateSafetycampaignbasedonanalysisofaccidentsanddangerous occurrences;

(e)        toserveasaforumforcommunicationonSafetyandoccupationalhealthmatters; and

(f)         todiscuss the standardoperating procedures (SOP)preparedfordifferent plant,equipment,installations and methods at the mine and make appropriate recommendations.

 

29.     Duties of Safety Officer.- (1) It shall be the duty of the Safety Officer in a mine toassist the manager in any other matter relating to safety in the mine; and

(2)     ensure that an appropriate emergency plan as required under these regulations is put in place and the requirements of the same are implemented.

(3)     Except in an emergency, no duties other than those specified in sub-rule (1) shall be assigned to theSafety officer.

(4)     The safety officershallmaintain in a bound paged book adetailed record of thework performed byhim.

30.     Safety Officer for Dock Works and Building or Other Construction Works.- (1) In every establishment of dock work wherein 500 or more workers and building and other construction work wherein 250 or more workers are ordinarily employed, the employer shall employ Safety Officer as per the scale mentioned below;-

ForDock Work

(i)    fordock work-

a.    upto1000DockWorkers -oneSafetyOfficer;

b.   upto2000DockWorkers–twoSafetyOfficers;

c.    upto5000DockWorkers–threeSafetyOfficers;

d.   upto10,000DockWorkers–fourSafetyOfficers;

e.    foreveryadditional5000dockworkersorpartthereof-oneSafetyOfficer.

(ii)    ForBuildingorOtherConstructionworks

a.    Upto500BuildingWorkers-oneSafetyOfficer;

b.   upto1000buildingworkers– twoSafetyOfficers;

c.    upto2000buildingworkers–threeSafetyOfficers;

d.   upto5,000buildingworkers–fourSafetyOfficers;

e.    foreveryadditional2000buildingworkersorpartthereof-oneSafetyOfficer.

(2)     A person shall not be eligible for appointment as a Safety Officer relating to dock work or building or other construction work unless he possesses–

(i)          arecogniseddegreeinanybranchofengineeringortechnologyandhashadpracticalexperienceof working in a supervisory capacity for a period of not less than 2 years; or

(ii)           a recognized degree in physics or chemistry and has had practical experience in a supervisory capacity for a period of not less than 5years; or

(iii)          arecognizeddiplomainanybranchofengineeringortechnologyandhashadpracticalexperienceina supervisory capacity for a period of not less than 5 years;

(iv)          possessesadegreeordiplomainindustrialsafetyrecognisedbytheStateGovernmentinthisbehalf;

(3)    Notwithstandinganythingcontained insub-rule(1)and(2),anypersonwho –

(i)      possesses a recognised degree or diploma inengineeringor technologyand has had experience of not less than 5years in a department of the Central or State Government which deals with the administration of the Factories, Building or other Construction works and Dock works or

(ii)      possessesarecogniseddegreeordiplomainengineeringortechnologyand hashadexperienceofnotless than5years,fulltime,ontraining,education,consultancy,orresearchin thefieldofaccidentprevention in industry or in any institution; shall also be eligible for appointment as a Safety Officer. 

 

31.     Duties of Safety Officers in case of dock work and building or other construction works.-The duties ofa SafetyOfficer shall beto adviseand assistin the fulfillmentofits statutoryobligations,concerning prevention of personal injuries and maintaining a safe working environment and such duties shall include the following, namely; –

(i)           to advise the concerned departments in planning and organizing measures necessary for the effective control of personal injuries;

(ii)           toadviseonsafetyaspectsinalljobstudies,andtocarryoutdetailedjobsafetystudiesofselected jobs;

(iii)          to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personalinjuries;

(iv)          toprovideadviceonmattersrelatedtocarryingoutplantsafetyinspections;

(v)           to carry out plant safety inspections in order to observe the physical conditions of work and thework practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;

(vi)          torenderadviceonmattersrelatedtoreportingandinvestigationofindustrialaccidentsanddiseases;

(vii)        toinvestigateselectedaccidents;

(viii)       toinvestigatethecasesofnotifiablediseaseslistedintheThirdScheduletothe Code;

(ix)          toorganise inassociationwiththeconcerneddepartments,campaigns,competitions,contestsand other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and

(x)           to design and conduct either independently or in collaboration with the training department, suitable training and educational programme for the prevention of personal injuries.

 

32.      Safety officer in case of mines.-At every mine, wherein 100 or more persons are ordinarily employed, Safety Officer shall be appointed on a scale of one upto a total manpower of 500 and additional one for every additional 500 manpower or part thereof, who shall hold following qualifications, namely :-

(a)   incaseofcoal mine.-

(i)        for belowground mines, person holding First Class Manager‘s Certificate of Competency (Coal), granted by Directorate General of Mines Safety;

(ii)      for opencast mines, person holding First Class Manager‘s Certificate of Competency (Coal) or First Class Manager‘s Certificate of Competency (coal) restricted to mines having opencast workingsonly, granted by Directorate General of Mines Safety;

 

(b)   IncaseofMetalliferousMines-

(i)           forbelowgroundmines,personholdingManager‘sCertificateofCompetency(Metal),grantedby Directorate General of Mines Safety;

(ii)         for opencast mines, person holding Manager‘s Certificate of Competency (Metal) or Manager‘s Certificate of Competency (Metal) restricted to mines having opencast workings only, granted by Directorate General of Mines Safety;

(c)     incaseofoil mines,adegree inengineeringor inindustrialsafetyofaneducationalinstitutionrecognised by the Central Government or post-graduate diploma in industrial safety from Central Labour Institute or Regional Labour Institutes and having experience in the management or supervision of operations in oil mines for a period of not less than five years.

 

33.    Dutiesofsafetyofficerincaseofmines.-Thedutiesofthesafetyofficerincaseofminesshallbe-

(a)       tovisitsurface,aboveground,undergroundpartsofmine,installationsofoilmine,withaviewto meet the employees on the spot, to talk to them on matters of safety and invite suggestions thereon;

(b)      to take charge of the newly recruited staff and show them around the mine pointing out the safe and unsafe acts during the course of their work in the mine;

(c)       to investigate all types of accidents and incidents in the mine including minor accidents and analyze the same with a view to pinpoint the nature and common causes of accidents in the mine;

(d)      to maintain detailed statistics about mine accidents and to analyze the same with a view to pinpoint the nature and common causes of the accidents in the mine;

(e)       to study and apprise the manager referred to in section 67 of the Code, of all possible sources of danger such as inundation, fire, coal dust, blowout in oil mines and others;

(f)       toholdsafetyclassesandgivesafetytalksandlecturestothemembersofthesupervisorystaff;

(g)      toorganizesafetyweeksandothersafetyeducationandpropagandaprogrammeinmine;

(h)      toseethatallconcernedmineemployeesarefullyconversantwithvariousstandingorders,codesof practices, support plan, and like other matters;

(i)        toprovideassistanceintheformulationofprogrammefortrainingattheminelevel,including vocational training, training in gas testing, fire-fighting and first aid, and like other matters;

(j)        to report to the manager referred to in section 67 of the Code as a result of his visits to the various parts of mine, as to whether the provisions of the code, and the rules and regulations made there under are being complied with in the mine;

(k)      topromotesafepracticesgenerallyandtolendactivesupporttoallmeasuresintendedforfurthering the cause of safety in the mine and follow up measures for compliance.

 

Chapter-V

HoursofWorkandAnnualLeavewith Wages

34.      Dailyandweeklyhourswithintervalsandspreadoverunderclause(b)ofsub-section(1)of Section 25.: 

 

(1)   Noworkershallberequiredorallowedtoworkinanestablishmentformorethanfortyeighthoursin any week.

(2)   theperiodofworkineachdayundersub-rule(1),withintervalsandspreadovers,shallbeasnotified by the Central Government.

 

35.     InterruptionperiodallowedinrunningtimeunderExplanation(a)ofsub-section(1)ofsection25.-A maximum of fifteen minutes interruption shall be allowed any time during which the running of the transport vehicle is interrupted.

36.     Workinghours of working journalist under sub-section (2) of section 25.–(1) The provisions under this rule shall apply to working journalist but not apply to editors, or to correspondents, reporters or news photographers.

(2)    Notwithstanding anything contained in sub-rule (1), the following provisions shall apply to every correspondent, reporter or news photographer stationed at the place at which the newspaper establishment (in relation to which any such person is employed) is situated, namely:

(a)         subject to such agreement as maybe arrived at either collectively or individually between the parties concerned, every such correspondent, reporter or news photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day:

Provided that if such correspondent, reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work, he shall not be deemed to be on duty during such period:

Provided further that where the total period of such interval or intervals exceeds two hours, he shall be deemed to be on dutyduring the period which is in excess of the said period of two hours.

(b)        Any period of working in excess of thirty-six hours during any week, which shall be considered as a unit of work for the purposes of this sub-rule, shall be compensated by rest during the succeeding week and shall be given in one or more spells of not less than three hours each:

Provided that where the aggregate of the excess hours worked falls short of three hours, the duration of rest shall be limited only to such excess.

  

37.     Normalworking day for working journalist.- The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meals shall not exceed six hours per day in the case of a day shift and five and a half hours per day in the case of a night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constitutinga normal working day.

 

38.                 Interval for rest for working journalist.- Subject to such agreement as may be arrived at betweenanewspaperestablishmentand workingjournalists employedinthatestablishment,theperiodsof work for working journalist shall be so fixed that no working journalist shall work for more than fourhours in the case of a dayshift and three hours inthe case ofa night shiftbefore he had aninterval of rest, in the case of the day shift for one hour, and in the case of the night shift for half an hour.

 

39.                 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-hours in the case of a night shift, he shall, inrespect of that overtime work, be compensated in the formof hours of rest equal in number to the hours for which he has worked overtime or compensated by wages, which shall be twice the rate of wages.

40.                 Conditions governing in night shifts.- 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 fourteen days.

 

41.                 Interval preceding change of shift.- Inthe case ofchange ofshift fromnight to dayshift or vice versa, there shall be an interval of not less than twenty-four consecutive hours between the two shifts and inthe case ofa change fromone dayshift to another dayshift or fromone night shift to another night shift there shall be interval of not less than twelve consecutive hours.

Provided that no such interval may be allowed if such interval either coincides with or falls within,the interval enjoyed by a working journalist under sub-section (2) of section 25.

 

42.                 Number of holidays in a year for sales promotion employee or working journalist.-A working journalist or sales promotion employee shall be entitled to ten holidays in a calendar year.

 

43.                 Compensatory holidays for sales promotion employee or working journalist.-If a working journalist or sales promotion employee is required to attend on a holiday, a compensatory holiday shall be givento him, withinthirtydaysimmediatelyfollowingthe holiday,onadaymutuallyagreed uponby him and his employer.

44.     Wages for holidays. - A working journalist or Sales promotion employee shall be entitled to wages on all holidays as if he was on duty.

45.     Wages for weekly day of rest. - A working journalist and Sales promotion employee shall be entitled to wages for the weekly day of rest as if he was on duty.

46.                 Competent officers. –Every establishment may designate one or more officers in that establishment as competent officers for the purposes of rules under this Chapter.

 

47.                 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 writingto the competent officer of the establishment.

(2)   Application for leave under sub-rule (1), other than casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the date of commencement of leave, except in urgent or unforeseen circumstances.

(3)   If leave is refused or postponed, the competent officer of the establishment shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the working journalist or sales promotion employee as the case may be.

(4)    Holidays, other than weekly days of rest, shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer of the establishment.

(5)   A holidayincludinga weekly rest day, interveningduringanyleave granted under thisrule shall formpart of the period of leave.

48.                 Recall a working journalist or sales promotion employee before expiry of leave.- (1) an establishment may recall a working journalist or sales promotion employee on leave, if that establishment considers it necessary to do so. In the event of such recall, such working journalist or sales promotion employee shall be entitled to traveling allowance, if at the time of recall he is spending his leave at a place other than his headquarters.

(2) The traveling allowance, which shall be paid to a working journalist or sales promotion employee undersub rule(1) shall be determined in accordance with the rules of the establishment governing travelingallowance for journeys undertaken by the working journalists or sales promotion employee in the course of their duties.

 

49.                 Production of medical certificate of fitness before resumption of duty. -A working journalist or sales promotion employee who has availed himself of leave for reasons of health may, before he resumes duty, be required by his employer to produce a medical certificate of fitness from the qualified medical practitioner or medical officer who issued the medical certificate.

 

50.                 Designation of medical officer.-Every establishment employing working journalist or sales promotion employee may designate one or more qualified medical practitioners in conformance with Section 42.

 

51.                 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 suchleave whenthe earned leave due amountsto one hundred twenty days.

(2)Theperiodspentondutyshallincludetheweeklyholiday,holidays,casualleaveandquarantineleave.

52.                 Wagesduringearnedleave.-Aworkingjournalist orsales promotionemployeeonearnedleave shall drawwagesequalto his average monthly wages earned during the period oftwelve 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.

 

53.                 Cashcompensationforearnedleavenotavailedof.-(1)Whenaworkingjournalistorsales

promotion employee voluntarily relinquishes his post or retires from service on reaching the age of superannuation,heshallbeentitledtocashcompensationforearnedleavenotavailedofuptoamaximum of one hundred and twenty days:

Provided that a working journalist or sales promotion employee who has been refused earned leavedue to him shall be entitled to get cash compensation for the earned leave so refused:

Providedfurtherthatinthecaseofaworkingjournalistorsalespromotionemployee who dieswhile in service and who has not availed himself of the earned leave due to him immediately preceding thedate of his death, his heirs shall be entitled to cash compensation for the leave not so availed of.

(2)            When a working journalist‘s or sales promotion employee‘s services are terminated for any reason whatsoever, other than as 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 one hundred and twenty days.

(3)            Such cash compensation shall not be less than the 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 had he actually proceeded on leave on the day immediately preceding the occurrence of any of the events specified in sub-rule (1) or (2), as the case may be.

 

54.     Leaveonmedicalcertificate.-

(1)   A working journalist or sales promotion employee shall be entitled to leave on medical certificate on one-half of the wages at the rate of not less than one month for every eighteen months of service:

Providedthatheshallceasetoearnsuchleavewhentheleaveonmedicalcertificateamountsto ninety days.

(2)   Suchmedicalcertificateshallbefromamedicalofficer:

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 but the total duration of earned leaveand leaveon medicalcertificate takentogether shall notexceed ahundred and twentydaysat any one time.

ProvidedthatMedicalBoardmayrecommendforleavebeyondonehundredtwentydays.

(4)   A working journalist or sales promotion employee shall be entitled at his option to convert leave on medical certificate on one-half of the wages to half the amount of leave of full wages.

(5)   The ceiling laid down in the provision to 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 journalists or sales promotion employees suffering from lingering illness such as 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 or sales promotion employees at his request notwithstanding that earned leave is due to him.

 

55.                 Quarantine leave. -Quarantine leave on full wage shall be granted by the establishment on the certificate of the authorized medical practitioner designated as such under section 42, for a period not exceeding twenty-one days or, in exceptional circumstances, thirty-days. Any leave necessary for quarantine purposes in excess of that period shall be adjusted against any other leave that may be due tothe working journalist or sales promotion employee.

 

56.                 Extraordinary leave.-A working journalist or salespromotionemployee who has no leaveto his creditmaybegrantedextraordinaryleavewithoutwagesatthediscretionoftheestablishmentinwhich

suchworkingjournalistorsalespromotionemployeeisemployed.

 

57.                 Leave not due.-A working journalist or sales promotion employee who has no leave to his credit may be granted leave at the discretion of the establishment in which such working journalist is employed.

 

58.                 Studyleave. -Aworkingjournalistorsalespromotionemployee maybegrantedstudyleave with or without wages at the discretion of the establishment in which such working journalist or salespromotion employee is employed.

 

59.                 Casual leave.- (1) A working journalist or sales promotion employee shall be eligible for casual leave at the discretion of the establishment for fifteen days in a calendar year:

Provided that not more than five day‘s casual leaves shall be taken at any one time and such leavesshall not be combined with any other leave.

(2)Casualleavenotavailedofduringacalendaryearwillnotbecarriedforwardtothefollowingyear.

 

60.     Weekly holiday under sub-section (2) of section 26.- For the purpose of section 26, thereshall be postedupin a conspicuous place outside the office of every establishment a notice showing the weekly holiday. Where the weekly holiday is not the same day for all persons employed in the establishment, the notice shall show the holiday allowed to each relay, or set of persons or individual in Hindi, English and local language.

 

61.                 Compensatory holidays.- (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 holidays to be allowed under sub-section (3) of section 26 shall be so spaced that not more than two compensatory holidays are given in one week.

(2)     The manager of the establishment shall display, on or before the end of the month in which holidays arelost, a notice in respect of workers allowed compensatoryholidays during the following month and of the dates thereof, at the place at which the notice of periods of works specified under section 26 is displayed.Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three daysin 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.

 

62.       Wagesforovertimeundersection27.-(1)whereinanestablishment,aworker worksfor morethaneight hoursinanydayasdaily wager,orformorethan forty-eighthoursinany week,asthecase maybe, heshall inrespectofsuchovertime workbe entitled to wagesatthe rate oftwice hisrate of wagesand shallbe 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 case of more than 30 minutes it shall be rounded and shall be counted as an hour on actualbasis.

(3)           In calculating the wages or earnings in the case of a worker paid by the month, the daily wages shall be 1/26th of his monthly wages; and in the case of any other worker it shall be the daily wages or earnings as the case may be.

(4)           The spread over for the workers shall exceed period of work notified under sub-rule (2) of rule 9 in any one day under the following works and circumstances in respect of dock, mine and building or other construction work, namely;

(a)     urgentrepairs;

(b)     workinthenatureofpreparatoryorcomplimentarywork;

(c)     work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest;

(d)    workwhichfortechnicalreasonsmustbecarriedoncontinuously;

(e)     engagedinmakingorsupplyingarticlesofprimenecessitywhichmustbemadeorsuppliedeveryday,

(f)      engagedinaprocesswhichcannotbecarriedonexceptduringfixedseasons;

(g)     engaged in a process which cannot be carried on except at times dependent on the irregular action ofnatural forces;

(h)     engagedinanengine-roomsorboiler-housesorinattendingtopower-plantortransmissionmachinery;

(i)       engagedinprocessonaccountofthebreak-downof machinery;

(j)       engagedintheloadingorunloadingofrailwaywagonsorlorriesortrucks;

(k)     exceptionalpressofworkand

(l)     engagedinanywork,whichisnotifiedbythe CentralGovernmentintheOfficialGazetteas a work of national importance;

Provided that no worker shall be allowed to work overtime exceeding one hundred forty fourhoursin any quarter of a year.

 

Chapter-VI

MaintenanceofRegisters,RecordsandReturns

63.                  Notice of periods of work under sub-section (2) of section 31.-(1) The notice referred to in sub-section(2) ofsection31 shall be displayed at conspicuous places ona notice board orelectronic board of the establishment and maintained in FORM-VII and a copy of such notice shall be sent to Inspector-cum-Facilitatorelectronically or by registered post or speed post.

 

64.     Maintenanceandproductionofreports,registersandotherrecordsunderSection33.-Everyemployerof establishment shall maintain:-

RegisterofemployeesinFORMVIII

        Registerofattendance-cum-musterrollinFORMVIIIA

Registerofwages,overtimeanddeductionin

                      

  FORM VIIIB.

                                      Registersunderthischaptershallbemaintainedelectronicallyorotherwise.

EntriesintheregistersshallbemadeinEnglishandHindiorthelanguageunderstoodbyamajorityof persons employed.

Every employer shall produce records and registers, on demand before the Inspector cum-facilitator or anyperson authorized in that behalf of the Central Government.

All the registers and other records shall be preserved in original for a period of five calendar years from the date of last entry made therein.

 

1.        Every employer shall issue wage slips, electronically or manually to the employees in FORM VIII C as prescribed under rule 52 of Code on wages (Central) Rules 2025and Sub-section (3) of Section 50 of the Code on wages, 2019 beforeone day of payment of wages to the employee.

2.        In respectof establishmentwhicharerequiredtomaintainregisterundertherules framedunder theCode on

wages 2020, Social Security code, 2020 the following registers and wage slips requiredto be maintained by the employer of the establishment under those Codes and rules made thereunder shall be deemed to be maintained by the employer under these rules, namely:-

(a)     Registerofemployees

(b)     RegisterofAttendance-cum-MusterRoll

(c)     RegisterofWages,overtimeanddeductions

(d)     Wageslip

3.        All registers and other records required to be maintained under the Code and Rules made thereunder shall be maintained complete and up-to-date and unless otherwise provided for, shall be kept at an office or thenearest convenient building within the precincts of the work place or at a place within a radius of three kilometers.

4.        AnnualReturns–

(a)       The employer to which the provisions of this Code applies on or before the 28^th or 29^th day of Februaryin each year, upload a unified annual return in FORM-IX and IXA prescribed under the Rules made in the Occupational Safety, Healthand Working Conditions Code, 2020 (No.37 of2020) online onthe web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified in respect of the preceding year; provided that during inspection, the Inspector-cum-Facilitatormay require the production of accounts, books, register and other documentsmaintained in electronic form or otherwise.

Explanation – For the purposes of this sub-rule, the expression —electronic form‖ shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(b)     If the employer to which the provisions of this Code applies sells, abandons or discontinues the working of the establishment, then he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in FORM-IX and IXA referred to in clause (a) in respect of the period between the end of the preceding year and the date of thesale, abandonment or discontinuance.

 

(c ) in case of manual registers and other records, be legibly entered in ink in English and Hindi or the language understood by a majority of the persons employed;

(d)bepreservedinoriginalforaperiodoffiveyearsafterthedateofthelastreportorentry;

Provided that when the original record is lost or destroyedbefore the expiry of five years period, true copies thereof, if available, shall be preserved for the prescribed period;

(e)beproduced,electronicallyorby registeredpostorspeedpost,ondemandbeforetheChief Inspector-cum-Facilitatoror an Inspector-cum-Facilitatoror any person authorized in that behalf of the Central Government.

 

65.                 Display on notice board.- Every employer shall display or caused to be displayed at the conspicuous place of the workplace of the establishment under his control, notices owing the name and address of the establishment, hours of work, wage period, date of payment of such wages, details of accident and dangerous occurrence in the establishment for the last five years, name and address of the Inspector-cum-Facilitatorhavingjurisdictionto such establishment and date ofpayment ofunpaid wages to such workers in English, Hindi and in the Local Language understood by the majority of the workers.

 

66.     Return.-Everyemployerofanestablishmentshallsendannuallyareturn relatingtosuch establishmentin FORM-IX related to category of employees, health & welfare facilities retrenchment/ layoffs, bonus, maternity benefits etc. to the Inspector-cum-Facilitatorhaving jurisdiction so as to reach him not later than 1st February following the end of each calendar year with a copy to Director General Labour Bureau electronically.

67.   Register of accident and dangerous occurrences.- The registers of accident and dangerous occurrences required by sub-clause (v) of clause (a) of section 33 shall be maintained in FORM-X.

68.      Registerofleavewithwagesunderclause(a)ofsection33.-(1)Theowner,agentormanagerofevery establishment shall maintain in respect of every employee thereof a record of leave with wages electronically or manually in FORM-XI.

(2)Theregister mentionedinsub-rule(1)shallbepreservedforaperiodoffiveyearsafterthelastentryin them has been made and shall not be destroyed even after the expiry of that period unless it has been properly transferred to the new register.

 

Chapter-VII

Inspector-cum-FacilitatorandOtherAuthority

69.       Power to take samples of anyarticles or substances under clause (x) ofsub-section(1) ofsection35.-(1) An Inspector-cum-Facilitatorshall take samples or substances in an establishment as per the inspection scheme mandated under the Shram Suvidha Portal or designated Portal of the Ministry of Labour and Employment after informing the employer of the establishment, taken in the manner herein after provided a sufficient sample of any substance used or intended to be used in the establishment, such use being–

(a)                in the belief of the Inspector-cum-Facilitatorin contravention of any of the provisions of the code or the rules made there under, or

(b)               in the opinion of the Inspector-cum-Facilitatorlikely to cause bodily injury to, or injuryto the health of employee in the establishment.

(2)   Where the Inspector-cum-Facilitatortakes a sample under sub-rule (1), he shall, in the presence of the person informed under that sub-section unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3)    Thepersoninformedasaforesaidshall,iftheInspector-cum-Facilitatorrequires,providetheappliancefor dividing, sealing and marking the sample taken under this rule.

(4)   TheInspector-cum-Facilitatorshall-

(a)       forthwithgiveoneportionofthesampletothepersoninformedundersub-rule(1);

(b)     forth with send the second portion to a Government Analyst or National Accreditation Boardfor Testing and Calibration Laboratories (NABL) for analysis and report thereon;

(c)       retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5)   Any document purporting to be a report under the hand of any Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited laboratory upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance.

70.     Powers and duties of Inspector-cum-Facilitatorunder clause (xiv) of sub-section (1) of Section35.- (1) Inspector-cum-Facilitatorshall, after every inspection, as may be deemed necessary, issue prohibition or improvement notice in the FORM-XII pointing out the non-compliance of provisions of safety, health and working conditions under the Code, and rules and regulations made there under, to the employer or occupier or owner or master or officer-in-charge of the ship or their agent.

 

(2) An Inspector-cum-Facilitatorshall, at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with and his findings and any shortcomings which may come to light during the inspection, together withany order passed by him under the Code or the regulations made there under shall be recorded and maintained.

71.                 Appointment of Medical officer under sub-section (1) of section 42.-(1) The Medical Officer shall be a medical practitioner who possesses any recognised medical qualification as defined in the National Medical Commission Act, 2019(30 OF 2019) and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (l) of section 35, section 36, section 37 and section 40 of the said Act.

(2) The Medical Officer shall be trained in Occupational Health course including International Labour Organisation (ILO) classification of chest Radiograph duly recognized by the central government.

 

72.   Duties ofmedical officerundersub-section (2)ofsection 42.- (1)Onreceiptofareferenceunderclause

(c)   sub section (2) of section 42, the medical officer shall, after giving prior notice regarding date, time and place for medical examination and upon examining the worker sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the establishment and the worker concerned after retaining a copy thereof.

(2)   The medical officer may seek opinion of specialists like radiologist, dentist and orthopedic surgeon as the case may be, for the purpose of determination of age.

(3)   MedicalOfficershallcarryoutsuchexaminationandfurnishsuchreportasCentralGovernmentmaydirect-

(a)  forexaminationandcertificationofworkersinanestablishmentinsuchdangerousoccupationor processes as specified in First Schedule to the Code;

(b)  for medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to hazardous nature of any process carried on or hazardous condition of work;

(c)  inrespectofanyestablishmentorclassofestablishmentordescriptionofestablishmentinwhich operations involve any risk of injuryto the health of anyperson or class of persons employed therein;

(d)  to undertake occupational health survey for any or class of an establishment, where cases of illnesshave occurred or there is prevalence of diseases asspecified in Third Schedule to the Code.

(e)  To assess the age and issue fitness of adolescent for employment in an establishment or class of establishment.

 

73.                 Employment of Women in establishment under Section 43.-The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m in any day, namely:-

a.         theconsentofwomanemployeeshallbetakeninwriting;

b.        No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (36 of 2020);

c.         adequate transportation facilities shall be provided to women employee to pick-up and drop such employee at her residence;

d.        the workplace including passage towards conveniences or facilities concerning toilet, washrooms, drinking water, entryand exit of women employee should be well-lit; the toilet, washroom and drinking facilities should be near the workplace where such women employee are employed and suitable

 

provisionsofClosed-circuittelevision(CCTV)Surveillanceonthewaytothesefacilitiesshallbe provided;

e.         Provide safe, secure and healthy working condition is provided so that no women employee is disadvantaged in connection with here employment;

f.         dedicatedtelephonenumbers oftheestablishmentshallbedisplayedatconspicuousplaces bothatthe establishment as well as inside the vehicles, so that any women employee can utilize them, in case of any exigency or emergency;

g.        incaseofbelowgroundminenotlessthan3womenemployeesshallbeondutyatanyplace;and

h.        theprovisionsoftheSexualHarassmentofWomenatworkplace(Prevention,Prohibitionand

Redressal)Act,2013(14of2013),asapplicabletotheestablishments,shallbecomplied with.

 

74.               AdequatesafetyofemploymentofwomenindangerousoperationsunderSection44.-TheCentral Government may declare from time to time by notification, the class of establishments and the standard for safeguarding ofwomen inhazardous anddangerous processes.

                                                       Chapter VIII

                                                                                                                                                                                                                                            Contract Labour

75.                 Qualification and Criteria of the Contractor, etc. under sub-section (1) and (2) of Section 47.- Forthepurposesofobtaininglicense, thecontractoras anentityorasanindividualshall notbean un-discharged insolventorbeconvictedat anytimeduringthe lasttwo years, ofanoffence whichisliable for punishment for more than three months of imprisonment.

 

    76.                       ConditionsofLicenseundersub-section(3)ofsection47.-(1)Thecontractorshallensurethat:

i.       thehoursofworkshallconformtotheserulesrelatingtoSection 25;

ii.       thewagesshallbepaidinaccordancewiththeCodeonWages,2019(29of2020).

iii.       if the contract labour 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 if required, changing room, first aid box, canteen and crèche; and

iv.        allotherfacilitiesandentitlementsshallbeprovidedbythecontractor.

(2)     In case the contractor fails to make payment of minimum wages to the contract labour, then, the Chief Labour Commissioner (Central) or his representative, shall cause such payment to be made to the contract labours who have not been paid, out of the security deposit referred to in rule 76 including by invoking the bank guarantee.

(3)    The contractor shall intimate within fifteendays ofthe receipt ofa contract workorder about the details of the contract work order in the manner as specified in rule 84.

 

77.                 Form and manner of application for contractor license under of sub-section (1) of Section 48.- Every application by a contractor within a state for the grant of a license shall be made on-line electronically through Shram Suvidha Portal or designated Portal of the Ministry of Labour and Employment in FORM-XII to the authority referred to in section 119 (hereafter in the chapter referred to as authority).

 

                                    78.                  Single Licence for Contractor in more than one States or forwhole of                                     India under sub-section (1) or sub-section (2) of section 47 or sub-section (1) of                                        section 119.- (1) If a contractor desirous of obtaining licence for-

(i)       supplyingorengagingcontractlabouror

(ii)     undertaking or executing the contract works under sub-section (1) or sub-section (2) of section 47 then, heshall applyelectronicallyontheShramSuvidhaportalordesignatedPortalofMinistryofLabourand Employment in Form-XII to the licensing authority for more than one States or for the whole of India,

(2)   Applicationforsinglelicenceunderthisruleshallbesubmittedelectronicallytotheauthority.

(3)   The concerned State Government shall be consulted by the authority electronically. If no response is received withinthirtydays from the date of issue of such communication the consultation process is deemed to have been complied with.

(4)   All applications under this rule shall be either approved or disapproved within a period of 45 days, from the date of application by the contractor, beyond which it shall be deemed that there are no objections and the license shall be auto-generated on the Portal referred to in sub-rule (1).

(5)   Copy or copies of the licence so issued shall be sent to the State Government in whose jurisdiction, the contract work or works for which licence is issued, falls.

(6)   Licenseissuedunderthisruleshallbevalidforfive years.

 

79.                Forms, terms and conditions of license.-(1) Every license granted under this chaptershall be inFORM-XIII.

(2)      Everylicensegrantedorrenewedissubjecttothefollowingconditions,namely:—

(i)                     thelicenseshallbenon-transferable;

(ii)                thenumberofcontractlabouremployedbythecontractorshallnot,onanyday,exceedthe maximum number specified in the license;

(iii)                saveasprovidedintheserules,thefeespaidforthegrant,orasthecasemaybe,forrenewalofthe license shall be non-refundable;

(iv)                the rates of wages payable to the contract labours by the contractor shall not be less than the rates fixedundertheCodeonWages,2019andwheretherateshavebeenfixedbyagreement,settlement or award, shall not be less than the rates so fixed.

 

80.     Procedure for issue of license under sub-section (2) of section 48.-(1) Before a license is issued under this chapter, bank guarantee for an amount of security calculated at the rate of rupees 1000/- for each of the contract labours to be employed, in respect of which the application for license has been made, shall be deposited by the contractor with the authority for performance of the conditions of the license and compliance with the provisions of the Code and the rules made thereunder.

If contractor proposes to engage one lakh or more but less than one lakh fifty thousand contract labours an amount ofsecurityshall be Rs. 10 Crores, engages one lakh fiftythousand but less than two lakhs contract labour an amount of security shall be Rs. 15 Crores, engages two lakh or more contract labour an amount of security shall be Rs. 20 Crores

(2) Wherein the issued contract license had expired, based on the request of the applicant in FORM XIII, the authority may adjust the security deposit under sub-rule (1) in respect of his application for newlicense.

(3)  Thefeestobepaidforthegrantofalicenseshallbeasspecifiedinthetablebelow,namely;

 

(a)	Nolicenseisrequiredupto49contractlabour	Nil.
(b)	50andabovebutnotexceeding100contractlabour	Rs.1000
(c)	101andabovebutnotexceeding300contractlabour	Rs.2000
(d)	301andabovebutnotexceeding500contractlabour	Rs.3000
(e)	501andabovebutnotexceeding1000contractlabour	Rs.5000
(f)	1001andabovebutnotexceeding5000contractlabour	Rs.10000
(g)	5001andabovebutnotexceeding10000contractlabour	Rs.20000
(h)	10001andabovebutnotexceeding20000contractlabour	Rs.30000
(i)	exceeding20001contractlabour	Rs.40000

 

81.                 Renewal of license under Section48.-(1) Every contractor shall apply electronically on the Shram Suvidha portal or designated Portal of the Ministry of Labour andEmployment to the licensing authority for renewal of the license.

(2)   Every such application shall be submitted on the Portal referred to in sub-rule (1) at least 30 days prior to expiry of license period but not before 90days of such expiry of license.

(3)   Thefeechargeableforrenewalofthelicenseshallbethesameasforthegrantoflicenseunderrule 74.

Providedthatiftheapplicationforrenewal isnot received withinthe timespecifiedinsub-rule(2),an additional fee of twenty five per cent, shall be payable for such renewal.

(4)   It shall be the responsibility of the authority concerned to renew license within 7 days electronically failing which the licence shall be deemed to be issued and auto generated and responsibility of such failure shall be on such authority 

 

82.   Refund of security deposit.-(1) On expiry of the period of license the contractor may, if he does not intend to have his licenserenewed further, make an applicationelectronicallyto the licensing authorityfor the refund of the security deposited by him (in form of bank guarantee) along with copy of licence so expired and notice of completion of work and bank details in which amount is required to be refunded.

(2)   If the authority is satisfied that there is no breach of the conditions of license or there is no order for the forfeiture of security deposit or any portion thereof, 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 contractor‘s security deposit, the amount tobe forfeited shall be deducted fromthe securitydeposit, and balance, ifany, shall be refunded to the contractor within 30 days from the making of application under sub-rule (1).

(4)   Any application for refund shall, as far as possible, be disposed of within 30 days of the making of such application.

 

83.   Responsibility of contractor under sub-section (4) of Section48.-(1) The rates of wages payable to the workers by the contractor shall not be less than the rates fixed under the Code on Wages, 2019 (29 of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.

(2)   Incase wherethecontractlabouremployedbythecontractorperformsthe same orsimilar kindofworkas the worker directly employed by the principal employer of the establishment, the holidays, hours of work and other conditions of service of the contract labour of the contractor shall be the same as applicable to the workersdirectlyemployed bytheprincipalemployer oftheestablishmentonthesameor similar kind of work. In case of any dispute whether the work is of similar kind, the matter be referred to the concerned DeputyChief Labour Commissioner (Central)whose decision shall be final.

(3)  In other cases the wage rates, holidays, hours of work and conditions of service of the contract labour of the contractor shall be such as specified under the Code and rules made there under.

(4)  All contract labour shall be made member of Employees' Provident Fund Organisation (EPFO) and Employees' State Insurance Corporation (ESIC) subject to applicability as under respective provisions of the Code on Social Security, (36 of 2020).

(5) Thecontractor shall notify any change in the number of contract labours or conditions of work to the Authority, electronically.-

 

84.   Intimationofworkorder andtimelimitforintimationundersection50.-(1)Everycontractorshall 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 that work order, duration of work orders to the authority.

(2)   thedetailsofworkordershallbesentundersub-rule(1)bythecontractororhisauthorizedrepresentative.

(3)     The intimation under sub-rule (1) shall also be sent electronically on the Shram Suvidha portal or designated Portal or e-mail of the Chief Labour Commissioner (Central)or his representative as may be notified on the website of Chief Labour Commissioner (Central)  

 

85.      Revocationorsuspensionoflicense undersection51.-(1)Iftheauthorityissatisfiedthatthelicencehas been obtained by mis-representation or suppression of any material fact or if the contractor has failed to

comply with the conditions subject to which licence was granted or the contractor has contravened any provision of Part-I of Chapter-XI of the Code or rules made there under, the Authority shall issue a show cause notice of 15 days to the contractor electronically. On receipt of the reply if any, from the contractor within 15 days of the receipt of the notice, the Licensing Authority shall examine the same and in case the licensing authority feels that the continuation of contract business by the contractor is going to lead to grave harmto the contract labours, he may passa speaking the order recording the reasonsfor revocation or suspension or otherwise and communicate the order to the contractor electronically or by registered postorspeedpost.AcopyoftheOrdershallalsobeendorsedtotheChiefLabourCommissioner(Central) (C), concerned Labour Enforcement Officer (C) and concerned State Authorities.

(2)   IfthecontractorhascompliedwiththeconcernedprovisionsoftheCodeandrules madethereunder 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 order in sub-rule (1), the authority may forthwith pass an order of revocation of license, recording the reasons thereof and communicate to the contractor electronicallyorbyregisteredpostorspeedpost.Thecopyoftheordershallbeendorsedelectronicallyto Chief Labour Commissioner (Central), concerned Labour Enforcement Officer (Central) and the concerned State Authority.

 

                                86.                  Appeal under sub-section (1) of section 52.-The appellate authority under                                  sub-section (1) of section 52 shall be Chief Labour Commissioner (Central) .

 

                                87.                 Responsibility of Payment of wages under section 55.-(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 ofeveryperson employed as contract labour inanestablishment or bya contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages arepayable.

(3)    Thewagesshallbedisbursedthroughbanktransferorelectronicmodeonly.

(4)    The Wages of contract labours shall be paid without any deductions of any kind, except those specified by the Central Government by general or special order in this behalf or permissible under the Code on Wages2019 (29 of 2019), by the contractors to the contract labour.

(5)     A notice showing wage period and date and time of disbursement of wages of contract labour shall be displayed at the place of work and a copy sent by the contractor to the principle employer electronically or in person under acknowledgement.

(6)    Everycontractor (includingthe contractors employingless than50 contract) shall send half-yearlyreturnin FORM-IXAso as to reach the DeputyChief Labour Commissioner (Central)concerned not later than 30 days from the close of the half year, electronically, labour that is to say January to June, July to December.

(7)     In case contractor fails to make payment of wages to the contract labour within 7 days of completion of wage period, then the principal employer shall take necessary action and make payment of wages in full or the unpaid balance dues, as the case may be, to the concerned contract labour employed by the contractor within15 days and recover the amount so paid from the contractor either by deduction from any amountpayable to the contractor under any contract or as debt payable by the contractor or from the Security deposit lying with the Principal Employer.

(8)     Every principle employer of an establishment shall submit annual return in FORM-IX (Part-III) so as to reach the authority and concerned Deputy Chief Labour Commissioner (Central) so as to reach him not later than 1^st February following the end of each Calendar year electronically, except in cases of contract which undertakes to produce given result.

 

88.     Making payment of wages from the security deposit amount under sub-section (4) of section 55.- If the contractor or principal employer does not pay the wages to the contract labour employed by him, the concernedChiefLabourCommissioner(Central)orhisrepresentativeorthecompetentofficerasmaybe notified by the central government shall conduct or cause to conduct, an inquiry and after giving an opportunity to be heard to the contractor shall pass an 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 as by such labour commissioner or representative or officer as the case may be within a period of

fifteendaysorelsehislicensewillbeliabletobe suspended.

 

    89.               Experience Certificate under section 56.- Every concerned contractor shall         issue on demand, experience certificate in FORM-XIV to the contract labour giving             details of the period, work performed, experience gained in various fields performed by         such contract labour.

 

90.      Prohibitionofemploymentofcontractlabourunderclause(b)ofsub-section(2)ofsection57.-Ifaquestion arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application, to the Joint Secretary,Government of India, Ministry of Labour and Employment from time to time giving reasons along with supporting documents and the Joint Secretary shall pass order after hearing the concerned parties.

 

CHAPTER-IX

INTER-STATEMIGRANTWORKER

91.                 Journey allowance to inter-State migrant and worker under section 61.-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; if he has worked for a period of not less than 180 days in the concerned establishments in preceding twelve months;

Provided that the journey allowance shall be given to an inter-state migrant worker once in twelve months. In the event of change of employer by the inter-State migrant worker during the middle of the employmentperiodandhehas notavailedthejourneyallowancefromhispreviousemployer,thenonthebasis ofa certificate to be given byinter-State migrant worker, the employer where the inter-State migrant worker is presently working and such worker has completed one hundred and eighty days in preceding twelve months includingtheperiodspent withthepreviousemployer,thenthepresentemployershall givejourneyallowance.

                          92.                 Setting up of a Toll Free helpline number to the inter-state migrant worker under Section                                 63.- A Toll-Free help-line number shall be provided by Director General Labour Welfare Organisation of                                 the Ministry of Labour and Employment, to address queries and Safety of the inter-State migrant                                             workers.

 

                                 93.             Study of inter-State migrant workers under section 64.-The Central                                         Government may identify the studies to be carried out to promote safety, health and                                     welfare of inter-State migrant workers. Wherever requiredthe Central Government may                                 also consult the State Government or expert organizations involved in the safety, health                                 and welfare of inter-State migrant workers.

  

CHAPTER-X

AUDIO-VISUALWORKER

                            94.               Agreement for Audio-visual worker under clause (a) of sub-section (2) of                                 section 66.- (1)The Form of agreement for the audio-visual workers with the producer is                             given in FORM-XV. The agreement shall beregistered with the competent authority as                                 may be notified by the Central Government.

 

                                 95.               Procedure for reference of disputes to a Conciliation Officer or a                                     Tribunal under sub-section (1) section 66.-The procedure for reference of dispute to a                                conciliation officer or a tribunal shall be in conformity with the Industrial Relations, Code                                 2020 (35 of 2020) and Rules framed there under.

 -  தொடர்ச்சி பகுதி-2ல் உள்ளது