Chapter XIV - Mines

116. Delegation of powers.—The Central Government may, by notification, direct that any power
exercisable by it under this Code or rules made there under shall, in relation to such matters and subject to
such conditions,  if any, as may be specified in the notification, be exercisable also by the State
Government or by such officer or authority subordinate to the State Government as may be specified in
the said notification.

117. Onus as to age.—(1) When any offence is committed under this Code involving an issue of a
certain age of a person and such person is in the opinion of the court prima facie under such age, the
burden shall be on the accused to prove that such person is not under such age.


   (2) The medical authority prescribed by the Central Government shall, while examining a worker for
issuing the certificate of age for the purposes of this Code, take into account the Aadhaar card of the
worker, and in the absence thereof, the date of birth certificate from school or the matriculation or
equivalent certificate from the concerned examination Board of the worker,  if available, and in the
absence thereof, the birth certificate of the worker given by a corporation or a municipal authority or a
Panchayat, and only in the absence of any of the methods specified in this sub-section, the age shall be
determined by such medical authority through an ossification  test or any other latest medical age
determination test.

118. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the
contravention of any provision of this Code or regulations or bye-laws or rules made there under
consisting of a failure to comply with a duty or requirement to do something, it shall be for the person
who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably
practicable or all practicable measures were taken to satisfy the duty or requirement.

119. Common  licence  for  contractor,  factories  and  to  industrial  premises,  etc.—(1)
Notwithstanding anything contained in this Code, any person desirous of obtaining common licence in
respect of a factory, industrial premises for beedi and cigar work and for engaging contract workers or
any combination thereof or single licence for any one of them under this Code shall make an application
electronically or otherwise to such authority as may be designated, by notification, by the appropriate
Government.

   (2) The application under sub-section (1),—

       (a) shall be in such form and filed in such manner and accompanied by such fee and contain such
   information as may be prescribed by the appropriate Government;

       (b) shall, in so far as it relates to the licence for engaging contract labours, contain the number of
   inter-State migrant workers employed.

   (3) On receipt of an application under sub-section (1), the authority referred to in that sub-section shall
take such actions in such manner and make such inquiry as may be prescribed by the appropriate
Government.

   (4) Where the authority referred to in sub-section (1) is satisfied that the common licence may be
issued in respect of a factory, industrial premises for beedi and cigar work and for engaging contract
workers or any combination thereof or single licence for any one of them under this Code, such authority
shall issue a licence electronically within forty-five days of the receipt of application failing which the
licence shall be deemed to be issued and shall be auto generated and the responsibility of such failure
shall be on such authority:

   Provided that where the licence is deemed to be issued, no further inquiry shall be made:

   Provided further that the form of licence shall, as far as practicable, be similar throughout India:

   Provided also that where such authority rejects the application he shall assign the reason for such
rejection.

   (5) Notwithstanding anything contained in this Code, any licence in respect of a factory, industrial
premises for beedi and cigar work and for engaging contract labour has been obtained under any Central
labour law before the commencement of this Code, in respect of any establishment shall be deemed to
have been obtained under the provisions of this Code and shall be valid for the period for which it was
issued and shall have to be obtained afresh after its expiration.

   (6) Any person aggrieved by an order passed under this section by the authority referred to in
sub-section (1) may  file, within  thirty days from the date of the order, an appeal in such form,
accompanied with such fee to such appellate authority as may be prescribed by the appropriate
Government and the appeal shall be disposed of electronically within thirty days of the filing of the
appeal.

120. Effect of law and agreements inconsistent with Code.—(1) The provisions of this Code shall
have effect notwithstanding anything inconsistent therewith contained in any other law for the time being


in force or in the terms of any award, agreement or contract of service whether made before or after the
commencement of this Code:

   Provided that where under any such award, agreement, contract of service or otherwise an employee is
entitled to benefits in respect of any matters which are more favourable to him than those to which he will
be entitled to under this Code, the employee shall continue to get the former notwithstanding that he
receives benefits in respect of other matters under this Code.

   (2) Nothing contained in this Code shall be construed as precluding any employee from entering into
an agreement with an employer for granting him rights or privileges in respect of any matter which are
more favourable to him than those to which he would be entitled under this Code.

121. Power of appropriate Government to direct inquiry in certain cases.—(1) The appropriate
Government may, in the event of the occurrence of an accident in an establishment which has caused or
had the potentiality to cause serious danger to employees and other persons within, and in the vicinity of
the workplace or whether immediate or delayed, or any occupational disease as specified in the Third
Schedule, which has been or is suspected to have been contracted, in epidemic proportions, appoint one or
more persons possessing legal or special knowledge to act as assessors or competent persons in such
inquiry in order to inquire into the causes of the accident and disease, fix responsibilities and suggest a
plan of action for the future to prevent such accidents or diseases and submit the report to the appropriate
Government.

   (2) The appropriate Government may direct a Chief Inspector-cum-Facilitator or any other officer
under the control of the Government concerned or appoint a committee to undertake a survey in such
manner as may be prescribed by the appropriate Government on the situation relating to safety or health
at work at any workplace or class of workplaces or into the effect of work activity on the health of the
employees and other persons within and in the vicinity of the workplace.

   (3) The officer directed or committee appointed, under sub-section (1) or sub-section (2), to hold an
inquiry, shall have the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), for the
purposes of enforcing the attendance of witnesses and compelling the production of documents and
material objects, and may also so far as may be necessary for the purposes of the inquiry, exercise such
powers of an Inspector-cum-Facilitator under this Code as may be necessary.

   (4) The Central Government may make rules for regulating the procedure of inquiry and survey and
other related matters under this section.

122. Publication of reports.—The appropriate Government may, if it thinks fit, cause to be published
any report submitted to it by the National Board or State Advisory Board or any extracts from any report
submitted to it under this Code.

123. Powers of Central Government to give directions.—The Central Government may give
directions to a State Government for the implementation of the provisions of this Code.

124. General restriction on disclosure of information.—(1) No person shall in respect of the
establishment, disclose any information relating to any manufacturing or commercial business or any
working process which may come to his knowledge in the course of his official duties.

   (2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous
consent in writing of the owner of the business or process or for the purposes of any legal proceeding
(including adjudication or arbitration), pursuant to any of the relevant statutory provisions or of any
criminal proceeding under this Code which may be taken, whether pursuant to any of the relevant
statutory provisions or otherwise, or for the purposes of any report of any such proceedings.

125. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction in respect of any
matter to which any provision of this Code applies and no injunction shall be granted by any civil court in
respect of anything which is done or intended to be done by or under this Code.

126. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done in pursuance
of this Code or any rule or regulation or bye-laws or order made there under.


   (2) No prosecution or other legal proceeding  shall  lie against the Government, any Board or
committees constituted under this Code or any member of such Board or any officer or employee of the
Government or the Board or any other person authorised by the Government or any Board or committee,
for any damage caused or likely to be caused by anything which is in good faith done or intended to be
done in pursuance of this Code or any rule or regulation or bye-laws or order made or issued there under.

127. Power to exempt in special cases.—(1) The appropriate Government may, by notification and
subject to such conditions and restrictions, if any, and for such period or periods as may be specified in
the notification, direct that all or any of the provisions of this Code or the rules or the regulations made
there under shall not apply to or in relation to any establishment or class of establishments.

   (2) Without prejudice to the generality of sub-section (1), where the State Government is satisfied in
the public interest that it is necessary to create more economic activities and employment opportunities, it
may, by notification, exempt, subject to such conditions as it may think fit, any new factory or class or
description of new factories from all or any of the provisions of this Code for such period from the date
on which such commercial production starts, as may be specified in the notification:

   Provided that any notification issued by a State Government under the Factories Act, 1948 (63 of
1948) for the time being in force in the State prior to the commencement of this Code to achieve the same
purpose as is specified in this sub-section, shall remain in force after such commencement for  its
remaining period as if the provisions of this Code, to the extent they defeat any purpose to be achieved by
such notification issued by the State Government, were not in force.

   Explanation.—For the purpose of this sub-section, the expression “new factory or class or description
of new Factories” means such factory or class or description of Factories which are established and whose
commercial production start within such period as may be specified in the notification.

128. Power to exempt during public emergency.—In case of a public emergency or disaster or
pandemic in whole of India or part thereof, the appropriate Government may, by notification, exempt any
workplace or work activity or class thereof from all or any of the provisions of this Code for such period
and subject to such conditions as it may think fit:

   Provided that no such notification shall be made for a period exceeding one year at a time.

   Explanation.—For the purposes of this section “public emergency” means a grave emergency whereby
the security of India or any part of the territory thereof is threatened, whether by war or external
aggression or internal disturbance.

129. Power to exempt public institution.—The appropriate Government may exempt, subject to such
conditions as it may consider necessary, any workshop or workplace where a manufacturing process is
carried on and which is attached to a public institution maintained for the purposes of education, training,
research or information, from all or any of the provisions of this Code:

   Provided that no such exemption shall be granted from the provisions relating to hours of work and
holidays unless the persons having the control of the institution submit, for the approval of the appropriate
Government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of
the persons employed in or attending the institution or who are inmates for the institution, and the
appropriate Government is satisfied that the provisions of the scheme are not less favourable than the
corresponding provisions of this Code.

130. Persons required to give notice, etc., legally bound to do so.—Every person required to give
any notice or to furnish any information to any authority in relation to the provisions of this Code shall be
legally bound to do so within the meaning of section 176 of the Indian Penal Code (45 of 1860).

131. Power of Central Government to amend Schedule.—The Central Government may, by
notification, amend any Schedule by way of addition, alteration or omission therein and on any such
notification being issued, the Schedule shall be deemed to be amended accordingly.

132. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Code, the Central Government may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Code, as appears to  it to be necessary or expedient for
removing the difficulty:

   Provided that no such order shall be made after the expiry of two years from the date on which this
Code comes into force.

   (2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.

133. Power of appropriate Government to make rules.—(1) The appropriate Government may,
subject to the condition of previous publication and by notification, make rules for carrying out the
purposes of this Code.

   (2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:--

       (a) income from the sources under Explanation to clause (x) of sub-section (1) of section 2;

       (b) substance or quantity of substance under clause (zb) of sub-section (1) of section 2;

       (c) the late fee under the proviso to sub-section (1) of section 3;

       (d) the manner of submitting application under sub-section (2) of section 3 and the form of such
   application and the particulars to be contained therein and the fees to be accompanied therewith;

       (e) the form and manner of sending the notice and the authority to whom the notice shall be sent
   and the manner of intimating the authority under sub-section (1) of section 5;

        (f) annual health examination or test free of costs, age of employees or class of employees or
   establishment or class of establishments under clause (c) of sub-section (1) of section 6;

       (g) the information to be included in the letter of appointment and the form of such letter under
   clause (f) of sub-section (1) of section 6;

       (h) the nature of bodily injury and the manner of notice and the time within which the notice shall
   be sent and the authority to which notice shall be sent under sub-section (1) of section 10;

        (i) nature of dangerous occurrence and the form of notice, the time within which and the authority
   to which notice shall be sent under section 11;

        (j) the form of notice related to certain diseases and the time within which the notice shall be sent
   and the authority to which the notice shall be sent under sub-section (1) of section 12;

       (k) the form and manner of the report and the time within which such report shall be sent to the
   office of the Chief Inspector-cum-Facilitator under sub-section (2) of section 12;

        (l) manner of making report by employee under clause (d) and other duties of employees under
   clause (g) of section 13;

      (m) manner of sending report of action taken under sub-section (3) of section 14;

       (n) the manner of constituting a safety committee and the manner and the purpose for choosing the
   representative of the workers in the Safety Committee under sub-section (1) of section 22;

       (o) the qualifications, duties and number of safety officers under sub-section (2) of section 22;

       (p) conditions for exemption of workers from weekly and compensatory holidays under sub-
   section (2) of section 26;

       (q) the total number of overtime under second proviso to section 27;

       (r) circumstances for exemption from restriction on double employment in factory and mine under
   section 30;

       (s) the form of notice and manner of display of such notice and the manner in which such notice
   shall be sent to the Inspector-cum-Facilitator under sub-section (2) of section 31;

        (t) the form of register and particulars of workers under clause (a) of section 33;

       (u) the manner and form of displaying notices under clause (b) of section 33;



   (v) return, manner of filing the return and periods of filing return to the Inspector-cum-Facilitator
under clause (d) of section 33;

   (w) the qualification and experience of Chief Inspector-cum-Facilitator under sub-section (5) of
section 34;

   (x) the manner of taking samples of any article or substance found in any premises and air of
atmosphere under clause (x) of sub-section (1) of section 35;

   (y) the other powers and duties under clause (xiv) of sub-section (1) of section 35;

    (z) the specialised qualification and experience, duties and  responsibilities of experts to be
empanelled under section 37;

   (za) the manner of providing alternative employment under sub-clause (d) of clause (A) of sub-
section (1) of section 38;

   (zb) the qualification for the appointment of medical practitioner and other establishment under
sub-section (1) of section 42;

   (zc) other establishment engaged in the dangerous occupation or processes under clause (a) of
sub-section (2) of section 42;

   (zd) medical supervision and other establishment under clause (b) of sub-section (2) of section 42;

   (ze) other establishment under clause (c) of sub-section (2) of section 42;

    (zf) conditions relating to safety, holidays and working hours or any other condition to be observed
by the employer under section 43;

   (zg) the manner of requiring the employer to provide the adequate safeguards under section 44;

   (zh) conditions including, in particular, conditions as to hours of work, fixation of wages and other
essential amenities in respect of contract labour under clause (a) of sub-section (3) of section 47;

    (zi) the form and manner of application and the particulars which such application shall contain
regarding the number of contract labour, nature of work for which contract labour is to be employed
and other particulars including the information relating to the employment of inter-State migrant
workers under sub-section (1) of section 48;

    (zj) the procedure under sub-section (2) of section 48;

   (zk) manner of applying for the renewal of licence and the manner of renewal of licence under sub-
section (3) of section 48;

    (zl) responsibility of the contractor under sub-section (4) of section 48;

   (zm) the manner of intimation of work order and time-limit for such intimation under sub-
section (1) of section 50;

   (zn) the manner of suspending or cancelling the licence under sub-section (2) of section 50;

   (zo) the period before which the wages shall be paid under sub-section (1) of section 55;

   (zp) the mode of payment of wages under proviso to sub-section (2) of section 55;

   (zq) the manner of payment of wages from security deposit under sub-section (4) of section 55;

    (zr) the form of issuing experience certificate under section 56;

    (zs) the form and manner of making application under clause (b) of sub-section (2) of section 57;

    (zt) period of making report and the period of deciding the question under clause (c) of sub-
section (2) of section 57;

   (zu) minimum service for entitlement, class of travel and other matters under section 61;

   (zv) manner of providing facility of toll free helpline under section 63;

   (zw) manner of providing for study on inter-State migrant workers under section 64;

       (zx) authority to whom a copy of the agreement shall be forwarded by the producer under sub-
   section (3) of section 66;

       (zy) details under clause (vii) of sub-section (4) of section 66;

       (zz) rules in respect of factory or class or description of factories under sub-section (1) of
   section 79;

       (zza) mode of submission of application under sub-section (2) of section 79;

       (zzb) common facilities and services for joint liability of owner of premises and occupiers of the
   factories under section 80;

       (zzc) rules under section 82;

       (zzd) purposes under sub-section (1) of section 83;

       (zze) form of application under sub-section (2) of section 83;

       (zzf) the appellate authority for appeal against the order of Inspector-cum-Facilitator of factory and
   the manner of appeal under section 90;

       (zzg) rules under section 91;

       (zzh) manner of holding enquiry under sub-section (1) of section 111;

       (zzi) form and manner of preferring appeal and the fee to accompany such appeal under sub-
   section (3) of section 111;

       (zzj) manner of compounding under sub-section (1) of section 114;

       (zzk) other sources of fund under sub-section (2) of section 115;

       (zzl) the manner of administering and expending the Fund under sub-section (3) of section 115;

      (zzm) the form of application, manner of filing the application and the fee to be accompanied
   therewith including the information relating to the employment of inter-State migrant workers under
   sub-section (2) of section 119;

       (zzn) actions, manner of taking actions and inquiry under sub-section (3) of section 119;

       (zzo) the form of appeal, the fee to be accompanied therewith and the appellate authority under sub-
   section (6) of section 119;

       (zzp) the manner of survey under sub-section (2) of section 121;

       (zzq) any other matter which is required to be, or may be, prescribed under this Code.

134. Power of Central Government to make rules.—(1) The Central Government may, subject to
the condition of previous publication and by notification, make rules for carrying out the purposes of this
Code.

   (2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—

       (a) the other authority under sub-clause (iii) of clause (zs) of sub-section (1) of section 2;

       (b) the matters which are directly related to the condition of ship under the proviso to sub-
   clause (iii) of clause (zs) of sub-section (1) of section 2;

       (c) other period under clause (a) of sub-section (1) of section 3;

       (d) the form of certificate of registration, the time within which and the conditions subject to which
   such certificate shall be issued under sub-section (3) of section 3;

       (e) the form of intimation by the employer electronically and the manner of amendment in the
    certificate electronically under sub-section (4) of section 3;

        (f) the manner of informing closing of establishment and certifying payment to the registering
   officer under sub-section (5) of section 3;

   (g) procedure for nomination and discharge of functions of Members of National Board under
sub-section (3) of section 16;

   (h) the terms and conditions of service of officers and employees of the National Board under
sub-section (4) of section 16;

    (i) the number of members of technical committees or advisory committees and their qualifications
under sub-section (5) of section 16;

    (j) the form and manner of collecting, compiling and analyzing occupational safety and health
statistics under sub-section (1) of section 21;

   (k) the form and manner of maintaining database electronically or otherwise and the documents to
be produced under sub-section (2) of section 21;

    (l) health and working conditions under sub-section (1) of section 23;

   (m) regarding matters specified in sub-section (2) of section 23;

   (n) welfare facilities for the employees under sub-section (1) of section 24;

   (o) regarding matters specified in sub-section (2) of section 24;

   (p) facility of crèche under sub-section (3) of section 24;

   (q) definition of “running time” in relation to a working day under clause (a) of the Explanation to
sub-section (1) of section 25;

    (r) the hours of work for working journalist under sub-section (2) of section 25;

    (s) other kinds of leave under clause (i) of sub-section (3) of section 25;

    (t) the maximum period of accumulating leave under clause (ii) of sub-section (3) of section 25;

   (u) the limit up to which the earned leave may be availed of at a time and the reasons for which
such leave may be exceeding under clause (iii) of sub-section (3) of section 25;

   (v) conditions and restrictions for entitlement of cash compensation under clause (iv) of sub-
section (3) of section 25;

   (w) powers and duties of District Magistrate under section 36;

   (x) requisite qualifications or criteria under sub-section (1) of section 47;

   (y) period of renewal of licence under sub-section (2) of section 47;

    (z) procedure under clause (b) of sub-section (1) of section 51;

   (za) form of agreement under clause (a), and the name and other particulars under clause (b) of
sub-section (2) of section 66;

   (zb) the matter which may be saved and the qualifications of sole manager under sub-section (1) of
section 67;

   (zc) the conditions relating to number of employees, depth of excavation and other matters under
clause (a) of sub-section (1) of section 68;

   (zd) conditions relating to workings, opencast workings and explosives under clause (b) of sub-
section (1) of section 68;

   (ze) to declare the mines and part thereof for the purpose of applicability of the provisions of this
Code under sub-section (2) of section 68;

    (zf) the authority, the manner of informing such authority and the time limit for making such
information under sub-section (3) of section 68;

   (zg) to provide for medical examination of apprentice, other trainee or employee under sub-
section (3) of section 70;



       (zh)  to exempt  certain persons or category of persons holding positions of supervision or
   management and the persons employed in mine and the persons employed therein under section 71;

        (zi) to provide for vocational training and rescue and recovery services to the persons employed in
   a mine under section 72;

        (zj) medical authority under sub-section (2) of section 117;

       (zk) rules under sub-section (4) of section 121;

        (zl) the language of the bye-laws under sub-section (7) of section 139;

      (zm) any other matter which is required to be, or may be prescribed.

135. Power of State Government to make rules.—(1) The State Government may, subject to the
condition of previous publication and by notification, make rules for the carrying out the provisions of
this Code.

   (2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—

       (a) the constitution, procedure and other matters relating to State Advisory Board under sub-
   section (2) of section 17;

       (b) the number of members and their qualifications under sub-section (3) of section 17;

       (c) the form of application and the payment of fees under sub-section (2) of section 74;

       (d) the manner of preparing the plan of the place or premises under sub-section (3) of section 74;

       (e) other matters under clause (e) of sub-section (4) of section 74;

        (f) fees under sub-section (6) of section 74;

       (g) period under the second proviso to sub-section (6) of section 74;

       (h) the time of filing appeal and fees under section 75;

        (i) the form of application by the employee and conditions under sub-section (1) of section 76;

        (j) form of maintaining the record of the work under sub-section (2) of section 76;

       (k) the manner of disclosing information by occupier of a factory under sub-section (1) of
   section 84;

        (l) the interval of informing Chief Inspector-cum-Facilitator and the local authority about the policy
   with respect to the health and safety of the workers under sub-section (2) of section 84;

      (m) the form and manner of informing Chief Inspector-cum-Facilitator under sub-section (5) of
   section 84;

       (n) the manner of publicising among the workers and the general public living in the vicinity of the
   factory the measures and disposal laid down under sub-section (7) of section 84;

       (o) the conditions for accessibility to the record by the workers under clause (a) of section 85;

       (p) the qualification and experience of persons handling hazardous substance and manner of
   providing necessary facilities for protecting the workers under clause (b) of section 85;

       (q) the manner of providing for medical examination of a worker under sub-clause (ii) of clause (c)
   of section 85;

       (r) the measures or standards under sub-section (1) of section 86;

       (s) the value of the maximum permissible limit of exposure of chemical and toxic substances in
   manufacturing process in any factory under section 88;

        (t) requiring every employer to make in his plantation provisions in respect of as specified in
   clauses (a) to (d) of sub-section (1) of section 92;


       (u) for prohibiting or, restricting employment of women or adolescents under sub-section (2) of
   section 93;

       (v) qualifications under sub-section (3) of section 93;

      (w) other matters under sub-section (4) of section 93;

       (x) manner of periodical medical examination of worker under sub-section (5) of section 93;

       (y) the manner of providing facilities, clothing and equipment under sub-section (7) of section 93;

       (z) precautionary notices under sub-section (9) of section 93;

       (za) any other matter which is required to be, or may be, prescribed.

   (3) The Central Government may, by notification and in consultation with the State Government,
make rules for the purposes of bringing uniformity, throughout the country, in occupational safety, health
or such other matters as it considers necessary in respect of factories.

136. Power of Central Government to make regulations in relation to mines and dock work.—
The Central Government may, by notification, make regulations consistent with this Code for all or any of
the following purposes, namely:—

       (a) for specifying the qualifications required for appointment as Inspector-cum-Facilitator;

       (b) for specifying and regulating the duties and powers of the Chief Inspector-cum-Facilitator and
   of Inspector-cum-Facilitators in regard to the inspection of mines under this Code;

       (c) for specifying the duties of owners, agents and managers of mines and of persons acting under
   them, and for specifying the qualifications (including age) of agents and managers of mines and of
   persons acting under them;

       (d) for requiring facilities to be provided for enabling managers of mines and other persons acting
   under them to efficiently discharge their duties;

       (e) for regulating the manner of ascertaining, by examination or otherwise, the qualifications of
   managers of mines and persons acting under them, and the granting and renewal of certificates of
   competency;

        (f) for fixing the fees, if any, to be paid in respect of such examinations and of the grant and
   renewal of such certificates;

       (g) for determining the circumstances in which and the conditions subject to which  it shall be
   lawful for more mines than one to be under a single manager, or for any mines to be under a manager
   not having the specified qualifications;

       (h) for providing for inquiries to be made under this Code, including any inquiry relating to
   misconduct or incompetence on the part of any person holding a certificate under this Code and for the
   suspension or cancellation of any such certificate and for providing, wherever necessary, that the
   person appointed to hold an inquiry shall have all the powers of a civil court under the Code of Civil
   Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance of witnesses and compelling
   the production of documents and material objects;

        (i) for regulating, subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884), and of
   any rules made there under, the storage, conveyance and use of explosives;

        (j) for prohibiting, restricting or regulating the employment of women in mines or in any class of
   mines or on particular kinds of labour which are attended by danger to the life, safety or health of such
   persons and for limiting the weight of any single load that may be carried by any such person;

       (k) for providing for the safety of the persons employed in a mine, their means of entrance there
   into and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits,
    outlets, pathways and subsidences;

        (l) for prohibiting the employment in a mine either as manager or in any other specified capacity of
   any person except persons paid by the owner of the mine and directly answerable to the owner or
   manager of the mine;
   (m) for providing for the safety of the roads and working places in mines, including the siting,
maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of
sufficient barriers between mine and mine;

   (n) for the inspection of workings and sealed off fire-areas in a mine, and for the restriction of
workings in the vicinity of the sea or any lake or river or any other body of surface water, whether
natural or artificial, or of any public road or building, and for requiring due precaution to be taken
against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature
collapse of, any workings;

   (o) for providing for the ventilation of mines and the action to be taken in respect of dust, fire, and
inflammable and noxious gases, including precautions against spontaneous combustion, underground
fire and coal dust;

   (p) for regulating, subject to the provisions of the Electricity Act, 2003 (36 of 2003), and of any
rules made there under, the generation, storage, transformation, transmission and use of electricity in
mines and for providing for the care and the regulation of the use of all electrical apparatus and
electrical cables in mines and of all other machinery and plant therein;

   (q) “for regulating the use of machinery in mines, for providing for the safety of persons employed
on or near such machinery and on haulage roads and for restricting the use of certain classes of
locomotives underground;

    (r) for providing for proper lighting of mines and regulating the use of safety lamps therein and for
the search of persons entering a mine in which safety lamps are in use;

    (s) for providing against explosions or ignitions of inflammable gas or dust or irruptions of or
accumulations of water in mines and against danger arising therefrom and for prohibiting, restricting
or regulating the extraction of minerals in circumstances likely to result in the premature collapse of
workings or to result in or to aggravate the collapse of workings or irruptions of water or ignitions in
mines;

    (t) for specifying type of accidents for the purposes of notice under section 10 and for specifying
the notices of accidents and dangerous occurrences, and the notices, reports and returns of mineral
output, persons employed and other matters provided for by regulations, to be furnished by owners,
agents and managers of mines, and for specifying the forms of such notices, returns and reports, the
persons and authorities to whom they are to be furnished, the particulars to be contained in them, and
the time within which they are to be submitted;

   (u) for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for
specifying the plans and sections and field notes connected therewith to be kept by them and the
manner and places in which such plans, sections and field notes are to be kept for purposes of record
and for the submission of copies thereof to the Chief Inspector-cum-Facilitator, and for requiring the
making of fresh surveys and plans by them, and in the event of non-compliance, for having the survey
made and plans prepared through any other agency and for the recovery of expenses thereof in the
same manner as an arrear of land revenue;

   (v) for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions
in or about, mines; for dealing effectively with the situation;

   (w) for specifying the form of, and the particulars to be contained in, the notice to be given by the
owner, agent or manager of a mine under section 5;

   (x) for specifying the notice to be given by the owner, agent or manager of a mine before mining
operations are commenced at or extended to any point within forty-five meters of any railway subject
to the provisions of the Indian Railways Act, 1989 (24 of 1989) or of any public roads or other works
as the case may be, which are maintained by the Government or any local authority;

   (y) for the protection from injury, in respect of any mine when the workings are discontinued, of
property vested in the Government or any local authority or railway company as defined in the Indian
Railways Act, 1989 (24 of 1989);


    (z) for requiring protective works to be constructed by the owner, agent or manager of a mine
before the mine is closed, and in the event of non-compliance, for getting such works executed by any
other agency and for recovering the expenses thereof from such owner in the same manner as an arrear
of land revenue;

   (za) for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or
outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence,
haulage, tramline or pathway, where such fencing is necessary for the protection of the public;

   (zb) for specifying the number of officials to be appointed;

   (zc) for specifying the qualifications of the officials to be appointed;

   (zd) for specifying the qualifications and experience of the agents;

   (ze) for specifying the period during which the agent shall be resident in India;

    (zf) for specifying duties and responsibilities of suppliers, designers, importer and contractors for
safety in mines;

   (zg) for requiring the owners, agents and managers of mines to formulate, maintain and enforce
safety management plan in their mines;

   (zh) for requiring the managers of mines to formulate and implement codes of practice or standard
operating procedure in respect of any machinery or operation used in the mines;

    (zi) for providing for the safety in opencast mines and associated operations and machineries used
therein;

    (zj) for regulating the extraction of methane from working or abandoned coal mines or from virgin
coal seam;

   (zk) for specifying the forms of returns which shall be filed by the establishments or the class of
establishments under this Code;

    (zl) for the general requirement relating to the construction, equipping and maintenance for the
safety of working places on shore, ship, dock, structure and other places at which any dock work is
carried on;

   (zm) for the safety of any regular approaches over a dock, wharf, quay or other places which dock
workers have to use for going for work and for fencing of such places and projects;

   (zn) for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working
places where any dock work is carried on and of all approaches to such places to which dock workers
are required to go in the course of their employment;

   (zo) providing and maintaining adequate ventilation and suitable temperature in every building or
an enclosure on ship where dock workers are employed;

   (zp) providing for the fire and explosion prevention and protection;

   (zq) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and
other working places;

    (zr) providing for the safety of workers engaged in the opening and closing of hatches, protection
of ways and other openings in the docks which may be dangerous to them;

    (zs) providing for the safety of workers on docks from the risk of falling overboard being struck by
cargo during loading or unloading operations;

    (zt) providing for the construction, maintenance and use of lifting and other cargo handling
appliances and services, such as, pallets containing or supporting loads and provision of safety
appliances on them, if necessary;

   (zu) providing for the safety of workers employed in freight container terminals or other terminals
for handling unitised cargo;


       (zv) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous
   openings;

      (zw) providing for the construction, maintenance and use of staging;

       (zx) providing for the rigging and use of ship's derricks;

       (zy) providing for the testing, examination, inspection and certification as appropriate of loose gears
   including chains and ropes and of slings and other lifting devices used in the dock work;

       (zz) providing for the precautions to be taken to facilitate escape of workers when employed in a
   hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo;

       (zza) providing for the measures to be taken in order to prevent dangerous methods of working in
   the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith;

       (zzb) providing for the handling of dangerous substances and working in dangerous or harmful
   environments and the precautions to be taken in connection with such handling;

       (zzc) providing for the work in connection with cleaning, chipping, painting, operations and
   precautions to be taken in connection with such work;

       (zzd) providing for the employment of persons for handling cargo, handling appliances, power
   operated hatch covers or other power operated ship's equipment, such as, door in the hull of a ship,
   ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery;

       (zze) providing for the transport of dock workers;

       (zzf) providing for the precautions to be taken to protect dock workers against harmful effects of
   excessive noise, vibrations and air pollution at the workplace;

       (zzg) providing for protective equipment or protective clothing;

       (zzh) providing for the sanitary, washing and welfare facilities;

       (zzi) providing for—

            (i) the medical supervision;

             (ii) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of
     dock workers to the nearest place of treatment;

             (iii) the safety and health organisation; and

           (iv) the training of dock workers and for the obligations and rights of the dock workers for their
      safety and health at the workplace;

       (zzj) providing for the investigation of occupational accidents, dangerous occurrences and diseases,
   specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be
   furnished, the particulars to be contained in them and the time within which they are to be submitted;

       (zzk) providing for the submission of statement of accidents, man-days lost, volume of cargo
   handled and particulars of dock workers; and

       (zzl) any other matter which is required to be or may be specified by regulation.

137. Prior publication of rules, etc.—The power to make rules, regulations, and bye-laws under this
Code shall be subject to the condition of the previous publication of the same being made, in the
following manner, namely:—

       (a) the date to be specified after a draft of rule, regulation, and bye-laws proposed to be made will
   be taken under consideration, shall not be less than forty-five days from the date on which the draft of
   the proposed rule, regulation and bye-laws is published for general information;

       (b) rule, regulation and bye-laws shall be published in the Official Gazette and on such publication,
   shall have effect as if enacted in this Code.

138. Power  to make  regulation  without  previous  publication.—Notwithstanding  anything
contained in section 137, regulations under section 136 may be made without previous publication and
without  reference  to  the National Occupational Safety Health Advisory Board  constituted under
sub-section (1) of section 16, if the Central Government is satisfied that for the prevention of apprehended
danger or the speedy remedy of conditions likely to cause danger and to avoid delay it is necessary to
dispense with from such publication and reference.

139. Bye-laws.—(1) The employer of a mine may, and shall, if called upon to do so by the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, frame and submit to the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator a draft of such bye-laws, not being inconsistent with this Code or
any rules or regulations or standards for the time being in force, governing the use of any particular
machinery or the adoption of a particular method of working in the mine, as the employer may deem
necessary to prevent accidents and provide for the safety, convenience and discipline of the persons
employed in the mine.

   (2) If any such employer—

       (a) fails to submit within two months a draft of bye-laws after being called upon to do so by the
   Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or

       (b) submits a draft of bye-laws which is not in the opinion of the Chief Inspector-cum-Facilitator or
   Inspector-cum-Facilitator sufficient, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator
  may—

            (i) propose a draft of such bye-laws as appear to him to be sufficient; or

             (ii) propose such amendments in any draft submitted to him by the employer as will, in his
      opinion, render  it sufficient, and shall send such draft bye-laws or draft amendments to the
     employer for consideration.

   (3) If within a period of two months from the date on which any draft bye-laws or draft amendments
are sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to the employer under the
provisions of sub-section (2), the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the
employer are unable to agree as to the terms of the bye-laws to be made under sub-section (1), the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator shall refer the draft bye-laws for settlement to the
technical committee constituted under sub-section (5) of section 16 in respect of mines.

   (4) When such draft bye-laws have been agreed to by the employer and the Chief Inspector-cum-
Facilitator or Inspector-cum-Facilitator, or, when they are unable to agree, have been settled by the
technical Committee constituted under sub-section (5) of section 16 in respect of mines, a copy of the
draft bye-laws shall be sent by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator to the
Central Government for approval:

   Provided that the Central Government may make such modification of the draft bye-laws as it thinks
fit:

   Provided further that before the Central Government approves the draft bye-laws, whether with or
without modifications, there shall be published, in such manner as the Central Government may think best
adapted for informing the persons affected, a notice of the proposal to make the bye-laws and of the place
where copies of the draft bye-laws may be obtained, and of the time (which shall not be less than thirty
days) within which any objections with reference to the draft bye-laws, made by or on behalf of persons
affected should be sent to the Central Government.

   (5) Every objection under second proviso to sub-section (4) shall be in writing and shall state—

        (i) the specific grounds of objections, and

        (ii) the omissions, additions or modifications asked for.

   (6) The Central Government shall consider any objection made within the required time by or on
behalf of persons appearing to it to be affected, and may approve the bye-laws either in the form in which
they were published or after making such amendments thereto as it thinks fit.

   (7) The employer shall cause a copy of the bye-laws, in English and in such other language or
languages as may be prescribed by the Central Government, to be pasted up in some conspicuous place at


or near the mine, where the bye-laws may be conveniently read or seen by the persons employed; and, as
and when the same become defaced, obliterated or destroyed, shall cause them to be pasted again.

   (8) The Central Government may, by order in writing rescind, in whole or in part, any bye-law so
made, and thereupon such bye-law shall cease to have effect accordingly.

140. Powers to regulate general safety and health.—Notwithstanding any law for the time being in
force, the Central Government may make rules to regulate general safety and health of the persons
residing in whole or part of India, in the event of declaration of an epidemic, pandemic or disaster, for
such period as may be notified by the Central Government.

141. Laying of regulations, rules, bye-laws,  etc., before Parliament.—Every rule, regulation,
standard and bye-laws notified or made by the Central Government under this Code shall be laid, as soon
as may be after it is notified or made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule, regulation, standard or bye-law or both Houses
agree that the rule, regulation, standard or bye-law should not be made, the rule, regulation, standard or
bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule, regulation, standard or bye-law, as the case may be.

142. Laying of rules made by State Government.—Every rule made by the State Government under
this Code shall be laid, as soon as may be, after it is made, before the State Legislature.

143. Repeal and Savings.—(1) The following enactments shall stand repealed on and from the dates
the notification referred to in sub-section (2) of section 1 is issued, namely:—

       (a) The Factories Act, 1948 (63 of 1948);

       (b) The Plantations Labour Act, 1951 (69 of 1951);

       (c) The Mines Act, 1952 (35 of 1952);

       (d) The Working  Journalists and other Newspaper Employees (Conditions of Service) and
   Miscellaneous Provisions Act, 1955 (45 of 1955);

       (e) The Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958);

        (f) The Motor Transport Workers Act, 1961 (27 of 1961);

       (g) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966);

       (h) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);

        (i) The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976);

        (j) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
   1979 (30 of 1979);

       (k) The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of
   1981);

        (l) The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986);

      (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of
   Service) Act, 1996 (27 of 1996).

   (2) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector,
Inspector and every other officer appointed for the purposes under any of the provisions of the enactments
repealed by this Code, shall be deemed to have been appointed under this Code for such purposes under
this Code.

   (3) Notwithstanding repeal under sub-section (1), anything done or any action taken under the
enactments so repealed (including any rule, regulation, bye-laws, notification, nomination, appointment,
order or direction made there under) shall be deemed to have been done or taken under the corresponding

provisions of this Code and shall remain in force to the extent they are not contrary to the provisions of
this Code till they are repealed by the Central Government.

   (4) Without prejudice to the provisions of sub-section (2), provisions of section 6 of the General
Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such enactments.





                         THE FIRST SCHEDULE

                                         [See section 2(za)]

List of Industries involving hazardous processes:

       1. Ferrous Metallurgical Industries

    — Integrated Iron and Steel

    — Ferro-alloys

    — Special Steels.

       2. Non-ferrous metallurgical Industries

    — Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and aluminium.

       3. Foundries (ferrous and non-ferrous)

    — Castings and forgings including cleaning or smoothening/roughening by sand and shot
       blasting.

       4. Coal (including coke) industries

    — Coal, Lignite, Coke and like other substances

    — Fuel Gases (including Coal Gas, Producer Gas, Water Gas).

       5. Power Generating Industries.

       6. Pulp and paper (including paper products) industries.

       7. Fertiliser Industries

    — Nitrogenous

    — Phosphatic

    — Mixed.

       8. Cement Industries

    — Portland Cement (including slag cement, puzzolona cement and their products).

       9. Petroleum Industries

    — Oil Refining

    — Lubricating Oils and Greases.

      10. Petro-chemical Industries.

      11. Drugs and Pharmaceutical Industries

    — Narcotics, Drugs and Pharmaceuticals.

      12. Fermentation Industries (Distilleries and Breweries).

      13. Rubber (Synthetic) Industries.

      14. Paints and Pigment Industries.

      15. Leather Tanning Industries.

      16. Electro-plating Industries.

      17. Chemical Industries.

          (a) Coke Oven by-products and Coaltar Distillation products:

          (b) Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur
      dioxide, nitrous oxide, halogenated hydrocarbon, ozone, or any like gases);

          (c) Industrial Carbon;

        (d) Alkalies and Acids;

         (e) Chromates and dichromates;

          (f) Lead and its compounds;

        (g) Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and
     peroxides);

        (h) Electrothermal produces (artificial abrasive, calcium carbide);

          (i) Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds);

          (j) Phosphorous and its compounds;

         (k) Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine);

          (l) Explosives (including industrial explosives and detonators and fuses).

   18. Insecticides, Fungicides, Herbicides and other Pesticides Industries.

   19. Synthetic Resin and plastics.

   20. Man made Fibre (Cellulosic and non-cellulosic) industry.

   21. Manufacture and repair of electrical accumulators.

   22. Glass and Ceramics.

   23. Grinding or glazing of metals.

   24. Manufacture, handling and processing of asbestos and its products.

   25. Extraction of oils and fats from vegetable and animal sources.

   26. Manufacture, handling and use of benzene and substances containing benzene.

   27. Manufacturing processes and operations involving carbon disulphide.

   28. Dyes and Dyestuff including their intermediates.

   29. Highly flammable liquids and gases.

   30. Printing and dyeing on fabrics in textiles and plywood and laminate manufacturing process.

   31. Process involving usage of radium or Radioactive Substances.

   32. Stone Crushing industry.

   33. Extraction of Oil and Raw material from the scrap tyres.

   34. Cigarette manufacturing industry.

   35. Ship breaking industry.

   36. Hazardous waste and e-waste processing plants.

   37. Semiconductor manufacturing industry.

   38. Styrene manufacturing, handling and processing industry.

   39. Nano-particles utilising industry.

   40. Manufacturing, processing, preparation and utilisation of Mercury or Compounds of Mercury,
Lead  Tetra-ethyl,  Manganese,  Arsenic,  Chrome,  Aliphatic  series,  Beryllium,  Phosgene  and
Isocyanates.





                   THE SECOND SCHEDULE

                                 [See section 18(2)(f)]

    List of matters:

    (1) fencing of machinery;

    (2) work on or near machinery in motion;

    (3) employment of adolescents on dangerous machines;

    (4) striking gear and devices for cutting off power;

    (5) self acting machines;

    (6) casing of new machinery;

    (7) prohibition of employment of women, children and adolescent near cotton openers;

    (8) hoists and lifts;

    (9) lifting machines, chains, ropes and lifting tackles;

    (10) revolving machinery;

    (11) pressure plant;

    (12) floors, stairs and means of access;

    (13) pits, sumps, openings in floors and other similar indentation of area;

    (14) safety officers;

    (15) protection of eyes;

    (16) precautions against dangerous fumes, gases, etc.;

    (17) precautions regarding the use of portable electric light;

    (18) explosive or inflammable dust, gas, and other like dusts or gases;

    (19) safety committee;

    (20) power to require specifications of defective parts or tests of stability;

    (21) safety of buildings and machinery;

    (22) maintenance of buildings;

    (23) prohibition in certain cases of danger;

    (24) notice in respect of accidents;

    (25) court of inquiry in case of accidents;

    (26) safety management in plantation;

    (27) the general requirement relating to the construction, equipments and maintenance for
the safety of working places on shore, ship, dock, structure and other places at which any dock
work is carried on;

    (28) the safety of any regular approaches over a dock, wharf, quay or other places which
dock worker have to use for going for work and for fencing of such places and projects;

    (29) the efficient lighting of all areas of dock, ship, any other vessel, dock structure or
working places where any dock work is carried on and of all approaches to such places to
which dock workers are required to go in the course of their employment;

    (30) adequate ventilation and suitable temperature in every building or an enclosure on ship
where dock workers are employed;

    (31) the fire and explosion preventions and protection;

    (32) safe means of access to ships, holds, stagings, equipment, appliances and other
working places;

    (33) the construction, maintenance and use of lifting and other cargo handling appliances
and services, such as, pallets containing or supporting loads and provision of safety appliances
on them, if necessary;

    (34) the safety of workers employed in freight container terminals of other terminals for
handing unitized cargo;

    (35) the fencing of machinery, live electrical conductors, steam pipes and hazardous
openings;

    (36) the construction, maintenance and use of staging;

    (37) the rigging and use of ship's derricks;

    (38) the testing, examination, inspection and certification as appropriate of' loose gears
including chains and ropes and of slings and other lifting devices used in the dock work;

    (39) the precautions to be taken to facilitate escape of workers when employed in a hold,
bin, hopper or the like or between decks of a hold while handing coal of other bulk cargo;

    (40) the measures to be taken in order to prevent dangerous methods of' working in the
stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith;

    (41)  the handling  of dangerous  substances and working,  in dangerous  or harmful
environments and the precautions to be taken in connection with such handling;

    (42) the work in connection with cleaning, chipping, painting, operations and precautions
to be taken in connection with such work;

    (43) the employment of persons for handling cargo, handling appliances, power operated
batch covers or other power operated ship's equipment such as, door in the hull of a ship, ramp,
retraceable car deck or similar equipment or to give signals to the drivers of such machinery;

    (44) the transport of dock workers;

    (45) the precautions to be taken to protect dock workers against harmful effects of
excessive noise, vibration and air pollution at the work place;

    (46) protective equipment and protective clothing;

    (47) the sanitary, washing and welfare facilities;

    (48) the medical supervision;

    (49) the ambulance rooms, first aid and rescue facilities and arrangements for the removal
of dock workers to the nearest place of treatment;

    (50) the investigation of occupational accidents, dangerous occurrences and diseases,
specifying such diseases and the forms of' notices, the persons and authorities to whom, they
are to be furnished, the particulars to be contained in them and the time within which they are
to be submitted;

    (51) the submission of statement of accidents, man-days lost, volume of cargo handled and
particulars of dock workers.

    (52) the safe means of access to, and the safety of, any working place, including the
provision of suitable and sufficient scaffolding at various stages when work cannot be safely
done from the ground or from any part of a building or from a ladder or such other means of
support;

    (53) the precautions to be taken in connection with the demolition of the whole or any
substantial part of a building or other structure under the supervision of a competent person for
the avoidance of danger from collapse of any building or other structure while removing any
part of the framed building or other structure by shoring or otherwise;

    (54) the handling or use of explosive under the control of competent persons so that there is
no exposure to the risk of injury from explosion or from flying material;

    (55) the erection installation, use and maintenance of transporting equipment, such as
locomotives, trucks, wagons and other vehicles and trailers and appointment of competent
persons to drive or operate such equipment;

    (56) the erection, installation, use and maintenance of hoists, lifting appliances and lifting
gear including  periodical  testing and examination and  heat treatment where  necessary,
precautions to be taken while raising or lowering loads, restrictions on carriage of persons and
appointment of competent persons on hoists or other lifting appliances;

    (57) the adequate and suitable lighting of every workplace and approach thereto, of every
place where raising or lowering operations with the use of hoists, lifting appliances or lifting
gears are in progress and of all openings dangerous to building workers employed;

    (58) the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours
during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to
secure and maintain adequate ventilation of every working place or confined space;

    (59) the measures to be taken during stacking or unstacking, stowing or unstowing of
materials or goods or handling in connection therewith;

    (60) the safeguarding of machinery including the fencing of every fly-wheel and every
moving part of prime mover and every part of transmission or other machinery, unless it is in
such a position or of such construction as to be safe to every worker working only of the
operations and as if it were securely fenced;

    (61) the safe handling and use of plant, including tools and equipment operated by
compressed air;

    (62) the precaution to be taken in case of fire;

    (63) the limits of weight to be lifted or moved by workers;

    (64) the safe transport of workers to or from any workplace by water and provision of
means for rescue from drowning;

    (65) the steps to be taken to prevent danger to workers from live electric wires or apparatus
including electrical machinery and tools and from overhead wires;

    (66) the keeping of safety nets, safety sheets and safety belts where the special nature or the
circumstances of work render them necessary for the safety of the workers;

    (67) the standards to be complied with regard to scaffolding, ladders and stairs, lifting
appliances, ropes, chains and accessories, earth moving equipment and floating operational
equipments;

    (68) the precautions to be taken with regard to pile driving, concrete work, work with hot
asphalt,  tar  or  other  similar  things,  insulation work, demolition  operations, excavation,
underground construction and handling materials;

    (69) the safety policy, that is to say, a policy relating to steps to be taken to ensure the
safety and health of the building workers, the administrative arrangements therefore and the
matters connected therewith, to be framed by the employers and contractors for tile operations
to be carried on in a building or other construction work;

    (70) emergency standards for enforcement of suitable standards in respect of hazardous
processes in a factory;

    (71) the maximum permissible threshold  limits of exposure of chemical and  toxic
substances in manufacturing processes (whether hazardous or otherwise) in any factory;

    (72) lightning; and


    (73) any other matter which the Central Government considers under the circumstance for
better working condition for safety at the workplace.





                   THE THIRD SCHEDULE

                                [See section 12(1)]

List of Notifiable Diseases:

   1. Lead poisoning, including poisoning by any preparation or compound of lead or their
sequelae.

   2. Lead-tetra-ethyle poisoning.

   3. Phosphorus poisoning or its sequelae.

   4. Mercury poisoning or its sequelae.

   5. Manganese poisoning or its sequelae.

   6. Arsenic poisoning or its sequelae.

   7. Poisoning by nitrous fumes.

   8. Carbon bisulphide poisoning.

   9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido
derivatives or its sequelae.

   10. Chrome ulceration or its sequelae.

   11. Anthrax.

   12. Silicosis.

   13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series.

   14. Pathological manifestations due to—

       (a) radium or other radio-active substances;

       (b) X-rays.

   15. Primary epitheliomatous cancer of the skin.

   16. Toxic anaemia.

   17. Toxic jaundice due to poisonous substances.

   18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.

   19. Byssionosis.

   20. Asbestosis.

   21. Occupational or contact dermatitis caused by direct contact with chemicals and paints.
These are of two types, that is, primary irritants and allergic sensitizers.

   22. Noise induced hearing loss (exposure to high noise levels).

   23. Beriyllium poisoning.

   24. Carbon monoxide poisoning.

   25. Coal miners’ pneumoconiosis.

   26. Phosgene poisoning.

   27. Occupational cancer.

   28. Isocyanates poisoning.

   29. Toxic nephritis.





                   STATEMENT OF OBJECTS AND REASONS

  The Second National Commission on Labour, which submitted  its  report  in June, 2002, had
recommended that the existing set of labour laws should be broadly amalgamated into the following
groups, namely:.—

             (a) industrial relations;

             (b) wages;

              (c) social security;

             (d) safety; and

              (e) welfare and working conditions.

   2. In pursuance of the recommendations of the said Commission and the deliberations made in the
tripartite meeting comprising of the Government, employers' and industry representatives, it has been
decided to bring the Occupational Safety, Health and Working Conditions Code, 2020. The proposed
legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following
thirteen Central labour enactments relating to occupation, safety, health and working conditions of
workers, namely:—

       1. The Factories Act, 1948;

       2. The Plantations Labour Act, 1951;

       3. The Mines Act, 1952;

       4. The Working  Journalists and  other Newspaper Employees  (Conditions  of  Service and
   Miscellaneous Provisions) Act, 1955;

       5. The Working Journalists (Fixation of Rates of Wages) Act, 1958;

       6. The Motor Transport Workers Act, 1961;

       7. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966;

       8. The Contract Labour (Regulation and Abolition) Act, 1970;

       9. The Sales Promotion Employees (Condition of Service) Act, 1976;

      10. The Inter-State Migrant workmen (Regulation of Employment and Conditions of Service) Act,
   1979;

      11. The Cine Workers and Cinema Theatre Workers Act, 1981;

      12. The Dock Workers (Safety, Health and Welfare) Act, 1986; and

      13. The Building and Other Construction Workers (Regulation of Employment and Conditions of
   Service) Act, 1996.

   3. In the light of above, the Occupational Safety, Health and Working Conditions Code, 2019 was
introduced in Lok Sabha on the 23rd day of July, 2019 and the same was referred to the Department
related Parliamentary Standing Committee on Labour. The said Committee recommended several
substantive modifications to the said Code. In addition to the said modifications, the Government of India
has also proposed certain changes to the said Code in the light of COVID-19 Pandemic. In view of this,
the Government of India has decided to withdraw pending the Occupational Safety, Health and Working
Conditions Code, 2019 and to introduce the Occupational Safety, Health and Working Conditions Code,
2020. The proposed Code simplifies, amalgamates and rationalises the provisions of the aforesaid thirteen
enactments with certain important changes which, inter alia, are as under:—

            (i) to impart flexibility in adapting technological changes and dynamic factors, in the matters
       relating to health, safety, welfare and working conditions of workers;

             (ii) to apply the provisions of the proposed Code for all establishments having ten or more
      workers, other than the establishments relating to mines and docks;


         (iii) to provide the concept of “one registration” for all establishments having ten or more
   employees. However, for the applicability of all other provisions of the Code in respect of factories,
   except registration, the threshold has been fixed twenty workers in a factory (with power) and forty
   workers (without power);

       (iv) to include the journalist working in electronic media such as in e-paper establishment or in
   radio or in other media in the definition of “working journalists”;

       (v) to provide for issuing of appointment letter mandatorily by the employer of an establishment
   to promote formalisation in employment;

       (vi) to provide free of cost annual health check-ups for employees above the specified age in all
   or certain class of establishments by which it would be possible to detect diseases at an early stage
   for effective and proper treatment of the employees;

        (vii)  to make  the  provisions  relating  to  Inter-State Migrant Workers  applicable on  the
   establishment in which ten or more migrant workers are employed or were employed on any day of
   the preceding twelve months and also provide that a Inter-State Migrant may register himself asan
   Inter-State Migrant Worker on the portal on the basis of self-declaration and Aadhaar;

        (viii) an Inter-State Migrant Worker has been provided with the portability to avail benefits in
   the destination State in respect of ration and availing benefits of building and other construction
   worker cess;

       (ix)  to  constitute the National Occupational Safety and Health Advisory Board  to give
   recommendations to the Central Government on policy matters, relating to occupational safety,
   health and working conditions of workers;

       (x) to constitute the State Occupational Safety and Health Advisory Board at the State level to
   advice the State Government on such matters arising out of the administration of the proposed
   Code;

       (xi)  to make a  provision  for  the  constitution  of Safety Committee by  the  appropriate
   Government in any establishment or class of establishments;

        (xii) to employ women in all establishments for all types of work. They can also work at night,
   that is, beyond 7 PM and before 6 AM subject to the conditions relating to safety, holiday, working
   hours and their consent;

        (xiii) to make provision of “common license” for factory, contract labour and beedi and cigar
   establishments and to introduce the concept of a single all India license for a period of five years to
   engage the contract labour;

       (xv) to provide overriding powers to the Central Government to regulate general safety and
   health of persons residing in whole or part of India in the event of declaration of epidemic or
   pandemic or disaster;

       (xvi) to make provision for Social Security Fund for the welfare of unorganised workers; and

       (xvii) to make provision for adjudging the penalties imposed under the Code.

4. The notes on clause explain in detail the various provisions contained in the Code.

5. The Code seeks to achieve the aforesaid objectives.


                                         SANTOSH KUMAR GANGWAR.

  NEW DELHI;

The 14th September, 2020.