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OSHWC Code, 2020 · source-linked analytical guide

Chapter XIX - Offences and penalties

Reviewed by CA Nikhil Gupta · Last reviewed 30 August 2026

Chapter XII — Offences and penalties. This guide connects sections 94–114 to provision-level analysis, subordinate law, forms, evidence and practical action without duplicating or paraphrasing the statutory text as a substitute for the official source.

Sections 94–11421 provisionsReviewed 28 July 2026
Legal-use control: determine the event date, commencement notification, appropriate Government, saved legacy instrument and State overlay before relying on a Central Code or Rule.

Chapter XIX - Offences and penalties in 2 minutes

What this module does

It converts the chapter or statutory Part into a navigable provision map, with each legal proposition owned by its individual section page.

What it does not do

It does not replace India Code, the Gazette, a State instrument, a Scheme, a judicial decision or a prescribed form.

Primary decision

Choose the correct provision only after fixing coverage, legal period, jurisdiction, worker status and the relevant transaction.

Evidence standard

Maintain transaction-level records showing the trigger, responsible actor, time, decision, communication and acknowledgement.

Decision path

  1. Identify the exact offence, actor, mens rea or continuing-default element.
  2. Separate inspection, adjudication, prosecution and composition routes.
  3. Do not fabricate retrospective records; remedy continuing harm and preserve the response.
  4. Open the individual section page, then verify the exact provision and linked instrument from the official source before implementation.

Provision map

ProvisionSubjectRules and forms
Section 94General penalty for offencesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: Form XXV, Form XXVI, Form XXVII
Section 95Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc.Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 96Penalty for non-maintenance of register, records and non-filing of returns, etc.Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 97Punishment for contravention of certain provisionsRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 98Punishment for falsification of records, etc.Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 99Penalty for omission to furnish plans, etc.Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 100Punishment for disclosure of informationRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 101Punishment for wrongfully disclosing results of analysisRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 102Punishment for contravention of provisions of duties relating to hazardous processesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 103Punishment for contravention of provisions of duties relating to safety provisions resulting in an accidentRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 104Special provision for contravention of order under section 38Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 105Failure to appoint manager in mineRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 106Offences by employeesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 107Prosecution of owner, agent or manager of mineRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 108Exemption of owner, agent or manager of mine or occupier of factory from liability in certain casesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 109Offences by companies, etc.Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 110Limitation of prosecution and cognizance of offencesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 111Power of officers of appropriate Government to impose penalty in certain casesRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 112Jurisdiction of court for entertaining proceedings, etc., for offenceRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 113Power of court to make ordersRule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182Forms: No direct prescribed form identified
Section 114Composition of certain offencesRule 182Forms: Form XXVI, Form XXVII

Rules, forms and implementation

Rule map

Rule 177, Rule 178, Rule 179, Rule 180, Rule 181, Rule 182; Rule 182

Form map

Form XXV, Form XXVI, Form XXVII; Form XXVI, Form XXVII

Central/State boundary

Central Rules apply only where the Central Government is the appropriate Government. State Rules, exemptions, authorities and portals must be checked separately.

Portal boundary

A successful portal submission proves a system transaction; it does not by itself establish coverage, entitlement, limitation compliance or legal correctness.

Employer and worker controls

Employer control

Assign a named owner, maker-checker review, due-date trigger, evidence repository and escalation path for each applicable provision.

Worker perspective

Record eligibility, notice, wage or benefit impact, safety or service conditions, available representation and the correct remedy forum.

Inspection readiness

Keep the coverage memo, registration/licence, policy, transaction record, notice, payment evidence, return and exception log together.

Dispute readiness

Preserve the applicable legal version, service dates, pleadings, witness/electronic evidence and later judicial treatment.

Evidence checklist

  • coverage and appropriate-Government memo
  • official provision and subordinate instrument
  • registration, licence or authority record
  • worker classification and engagement evidence
  • time-stamped transaction and communication
  • payment, benefit or safety record
  • maker-checker approval
  • exception and remediation record
  • State notification and portal evidence
  • judicial/litigation check where disputed

Finin2min Q&A

Can this chapter guide be used instead of the Code text?

No. Use it to identify the correct provision and control. Read the exact official text, Rules, notifications and applicable State material before reliance.

Does the Central Rule apply to every establishment?

No. First determine the appropriate Government and sector. State Rules or technical regulations may control the establishment.

What is the minimum defensible compliance record?

A dated coverage decision, source instrument, responsible actor, transaction evidence, approval, communication and exception/remediation trail.

Official sources